2019 Maryland Code
Insurance
Title 6 - Taxes and Fees
Subtitle 1 - Taxes
§ 6-102.1. Recoupment of aggregate amount of health insurance provider fees

    (a)    This section applies to:

        (1)    an insurer, a nonprofit health service plan, a health maintenance organization, a dental plan organization, a fraternal benefit organization, and any other person subject to regulation by the State that provides a product that:

            (i)    is subject to § 9010 of the Affordable Care Act; and

            (ii)    may be subject to an assessment by the State; and

        (2)    a managed care organization authorized under Title 15, Subtitle 1 of the Health – General Article.

    (b)    The purpose of this section is to assist in the stabilization of the individual health insurance market by assessing a health insurance provider fee that is attributable to State health risk for calendar years 2019 through 2023, both inclusive, as provided for under subsection (c) of this section.

    (c)    (1)    In calendar year 2019, in addition to the amounts otherwise due under this subtitle, an entity subject to this section shall be subject to an assessment of 2.75% on all amounts used to calculate the entity’s premium tax liability under § 6–102 of this subtitle or the amount of the entity’s premium tax exemption value for calendar year 2018.

        (2)    In calendar years 2020 through 2023, both inclusive, in addition to the amounts otherwise due under this subtitle, an entity subject to this section shall be subject to an assessment of 1% on all amounts used to calculate the entity’s premium tax liability under § 6–102 of this subtitle or the amount of the entity’s premium tax exemption value for the immediately preceding calendar year.

        (3)    The assessments required in paragraphs (1) and (2) of this subsection are for products that:

            (i)    are subject to § 9010 of the Affordable Care Act; and

            (ii)    may be subject to an assessment by the State.

        (4)    The calculation of the assessments required under paragraphs (1) and (2) of this subsection shall be made without regard to:

            (i)    the threshold limits established in § 9010(b)(2)(A) of the Affordable Care Act; or

            (ii)    the partial exclusion of net premiums provided for in § 9010(b)(2)(B) of the Affordable Care Act.

    (d)    Notwithstanding § 2–114 of this article, the assessment required under this section shall be distributed by the Commissioner to the Maryland Health Benefit Exchange Fund established under § 31–107 of this article.