MD
Maryland House Bill HB728

Maryland 2024 Regular Session

Maryland House Bill HB728 Compare Versions

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1- WES MOORE, Governor Ch. 842
21
3-– 1 –
4-Chapter 842
5-(House Bill 728)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0728*
89
9-Health Insurance – Qualified Resident Enrollment Program
10-(Access to Care Act)
10+HOUSE BILL 728
11+J5 4lr1922
12+ CF SB 705
13+By: Delegates Cullison, Acevero, Boafo, Boyce, Charkoudian, Embry, Fair,
14+Fennell, Fraser–Hidalgo, Guzzone, Harris, Healey, Kaiser, Kerr, Lehman,
15+R. Lewis, J. Long, Lopez, Love, Martinez, McCaskill, Mireku –North,
16+Palakovich Carr, Patterson, Queen, Ruth, Simpson , Solomon, Spiegel,
17+Stein, Taveras, Terrasa, Turner, White Holland, Williams, and Ziegler
18+Ziegler, Alston, Bagnall, Bhandari, Hill, S. Johnson, Pena–Melnyk,
19+Rosenberg, and Woods
20+Introduced and read first time: January 29, 2024
21+Assigned to: Health and Government Operations
22+Committee Report: Favorable with amendments
23+House action: Adopted
24+Read second time: February 21, 2024
1125
12-FOR the purpose of requiring the Maryland Health Benefit Exchange to establish and
13-implement the Qualified Resident Enrollment Program to facilitate the enrollment
14-of qualified residents in qualified plans; providing that the operation and
15-administration of the Program may include functions delegated by the Maryland
16-Exchange to a third party; providing that the implementation of the Program is
17-contingent on approval of a certain waiver application amendment; and generally
18-relating to the Qualified Resident Enrollment Program.
26+CHAPTER ______
1927
20-BY repealing and reenacting, without amendments,
21- Article – Insurance
22-Section 31–101(a) and 31–108(a)
23- Annotated Code of Maryland
24- (2017 Replacement Volume and 2023 Supplement)
28+AN ACT concerning 1
2529
26-BY adding to
27- Article – Insurance
28-Section 31–101(u–1), 31–123, and 31–124
29- Annotated Code of Maryland
30- (2017 Replacement Volume and 2023 Supplement)
30+Health Insurance – Qualified Resident Enrollment Program 2
31+(Access to Care Act) 3
3132
32-BY repealing and reenacting, with amendments,
33- Article – Insurance
34-Section 31–107, 31–108(b)(1), and 31–115(b)(7)
35- Annotated Code of Maryland
36- (2017 Replacement Volume and 2023 Supplement)
33+FOR the purpose of requiring the Maryland Health Benefit Exchange to establish and 4
34+implement the Qualified Resident Enrollment Program to facilitate the enrollment 5
35+of qualified residents in qualified plans; providing that the operation and 6
36+administration of the Program may include functions delegated by the Maryland 7
37+Exchange to a third party; providing that the implementation of the Program is 8
38+contingent on approval of a certain waiver application amendment; and generally 9
39+relating to the Qualified Resident Enrollment Program. 10
3740
38- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
39-That the Laws of Maryland read as follows:
41+BY repealing and reenacting, without amendments, 11
42+ Article – Insurance 12
43+Section 31–101(a) and 31–108(a) 13
44+ Annotated Code of Maryland 14
45+ (2017 Replacement Volume and 2023 Supplement) 15
4046
41-Article – Insurance
47+BY adding to 16
48+ Article – Insurance 17 2 HOUSE BILL 728
4249
43-31–101.
4450
45- (a) In this subtitle the following words have the meanings indicated.
51+Section 31–101(u–1), 31–123, and 31–124 1
52+ Annotated Code of Maryland 2
53+ (2017 Replacement Volume and 2023 Supplement) 3
4654
47- (U–1) “QUALIFIED RESIDENT ” MEANS AN INDIVIDUAL , INCLUDING A MINOR ,
48-REGARDLESS OF IMMIGR ATION STATUS, WHO AT THE TIME OF E NROLLMENT : Ch. 842 2024 LAWS OF MARYLAND
55+BY repealing and reenacting, with amendments, 4
56+ Article – Insurance 5
57+Section 31–107, 31–108(b)(1), and 31–115(b)(7) 6
58+ Annotated Code of Maryland 7
59+ (2017 Replacement Volume and 2023 Supplement) 8
4960
50-– 2 –
61+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
62+That the Laws of Maryland read as follows: 10
5163
52- (1) IS SEEKING TO ENROLL IN A QUALIFIED PLAN OFFERED TO
53-INDIVIDUALS THROUGH THE EXCHANGE;
64+Article – Insurance 11
5465
55- (2) RESIDES IN THE STATE;
66+31–101. 12
5667
57- (3) IS NOT INCARCERATED , OTHER THAN INCARCERA TION PENDING
58-DISPOSITION OF CHARG ES; AND
68+ (a) In this subtitle the following words have the meanings indicated. 13
5969
60- (4) IS NOT ELIGIBLE FOR THE FEDERAL PREMIUM TAX CREDIT, THE
61-MARYLAND MEDICAL ASSISTANCE PROGRAM, MEDICARE, THE MARYLAND
62-CHILDREN’S HEALTH PLAN, OR EMPLOYER –SPONSORED MI NIMUM ESSENTIAL
63-COVERAGE.
70+ (U–1) “QUALIFIED RESIDENT ” MEANS AN INDIVIDUAL , INCLUDING A MINOR , 14
71+REGARDLESS OF IMMIGR ATION STATUS, WHO AT THE TIME OF E NROLLMENT : 15
6472
65-31–107.
73+ (1) IS SEEKING TO ENROLL IN A QUALIFIED PLAN OFFERED TO 16
74+INDIVIDUALS THROUGH THE EXCHANGE; 17
6675
67- (a) There is a Maryland Health Benefit Exchange Fund.
76+ (2) RESIDES IN THE STATE; 18
6877
69- (b) (1) The purpose of the Fund is to:
78+ (3) IS NOT INCARCERATED , OTHER THAN INCARCERA TION PENDING 19
79+DISPOSITION OF CHARG ES; AND 20
7080
71- (i) provide funding for the operation and administration of the
72-Exchange in carrying out the purposes of the Exchange under this subtitle;
81+ (4) IS NOT ELIGIBLE FOR THE FEDERAL PREMIUM TAX CREDIT, THE 21
82+MARYLAND MEDICAL ASSISTANCE PROGRAM, MEDICARE, THE MARYLAND 22
83+CHILDREN’S HEALTH PLAN, OR EMPLOYER –SPONSORED MINI MUM ESSENTIAL 23
84+COVERAGE. 24
7385
74- (ii) provide funding for the establishment and operation of the State
75-Reinsurance Program authorized under this subtitle;
86+31–107. 25
7687
77- (iii) provide funding for the Medical Assistance Program and the
78-Senior Prescription Drug Assistance Program;
88+ (a) There is a Maryland Health Benefit Exchange Fund. 26
7989
80- (iv) provide funding for the establishment and operation of Health
81-Equity Resource Communities under Title 20, Subtitle 14 of the Health – General Article;
82-and
90+ (b) (1) The purpose of the Fund is to: 27
8391
84- (v) provide funding for the establishment and operation of the
85-State–Based Young Adult Health Insurance Subsidies Pilot Program authorized under this
86-subtitle.
92+ (i) provide funding for the operation and administration of the 28
93+Exchange in carrying out the purposes of the Exchange under this subtitle; 29
8794
88- (2) The operation and administration of the Exchange, the State
89-Reinsurance Program, [and] the State–Based Young Adult Health Insurance Subsidies
90-Pilot Program, AND THE QUALIFIED RESIDENT ENROLLMENT PROGRAM may include
91-functions delegated by the Exchange to a third party under law or by contract.
95+ (ii) provide funding for the establishment and operation of the State 30
96+Reinsurance Program authorized under this subtitle; 31 HOUSE BILL 728 3
9297
93- (c) The Exchange shall administer the Fund.
94- WES MOORE, Governor Ch. 842
9598
96-– 3 –
97- (d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of
98-the State Finance and Procurement Article.
9999
100- (2) The State Treasurer shall hold the Fund separately, and the
101-Comptroller shall account for the Fund.
100+ (iii) provide funding for the Medical Assistance Program and the 1
101+Senior Prescription Drug Assistance Program; 2
102102
103- (e) The Fund consists of:
103+ (iv) provide funding for the establishment and operation of Health 3
104+Equity Resource Communities under Title 20, Subtitle 14 of the Health – General Article; 4
105+and 5
104106
105- (1) any user fees or other assessments collected by the Exchange;
107+ (v) provide funding for the establishment and operation of the 6
108+State–Based Young Adult Health Insurance Subsidies Pilot Program authorized under this 7
109+subtitle. 8
106110
107- (2) all revenue deposited into the Fund that is received from the
108-distribution of the premium tax under § 6–103.2 of this article;
111+ (2) The operation and administration of the Exchange, the State 9
112+Reinsurance Program, [and] the State–Based Young Adult Health Insurance Subsidies 10
113+Pilot Program, AND THE QUALIFIED RESIDENT ENROLLMENT PROGRAM may include 11
114+functions delegated by the Exchange to a third party under law or by contract. 12
109115
110- (3) income from investments made on behalf of the Fund;
116+ (c) The Exchange shall administer the Fund. 13
111117
112- (4) interest on deposits or investments of money in the Fund;
118+ (d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 14
119+the State Finance and Procurement Article. 15
113120
114- (5) money collected by the Board as a result of legal or other actions taken
115-by the Board on behalf of the Exchange or the Fund;
121+ (2) The State Treasurer shall hold the Fund separately, and the 16
122+Comptroller shall account for the Fund. 17
116123
117- (6) money donated to the Fund;
124+ (e) The Fund consists of: 18
118125
119- (7) money awarded to the Fund through grants;
126+ (1) any user fees or other assessments collected by the Exchange; 19
120127
121- (8) any pass–through funds received from the federal government under a
122-waiver approved under § 1332 of the Affordable Care Act;
128+ (2) all revenue deposited into the Fund that is received from the 20
129+distribution of the premium tax under § 6–103.2 of this article; 21
123130
124- (9) any funds designated by the federal government to provide reinsurance
125-to carriers that offer individual health benefit plans in the State;
131+ (3) income from investments made on behalf of the Fund; 22
126132
127- (10) any funds designated by the State to provide reinsurance to carriers
128-that offer individual health benefit plans in the State;
133+ (4) interest on deposits or investments of money in the Fund; 23
129134
130- (11) any funds designated by the State to provide State–based health
131-insurance subsidies to young adults in the State;
135+ (5) money collected by the Board as a result of legal or other actions taken 24
136+by the Board on behalf of the Exchange or the Fund; 25
132137
133- (12) any federal funds received in accordance with § 31–121 of this subtitle
134-for the administration of small business tax credits; and
138+ (6) money donated to the Fund; 26
135139
136- (13) any other money from any other source accepted for the benefit of the
137-Fund.
140+ (7) money awarded to the Fund through grants; 27
138141
139- (f) (1) The Fund may be used only:
142+ (8) any pass–through funds received from the federal government under a 28
143+waiver approved under § 1332 of the Affordable Care Act; 29
144+ 4 HOUSE BILL 728
140145
141- (i) 1. for the operation and administration of the Exchange in
142-carrying out the purposes authorized under this subtitle; Ch. 842 2024 LAWS OF MARYLAND
143146
144-– 4 –
147+ (9) any funds designated by the federal government to provide reinsurance 1
148+to carriers that offer individual health benefit plans in the State; 2
145149
146- 2. for the establishment and operation of the State
147-Reinsurance Program; and
150+ (10) any funds designated by the State to provide reinsurance to carriers 3
151+that offer individual health benefit plans in the State; 4
148152
149- 3. for appropriations to the Health Equity Resource
150-Community Reserve Fund under § 20–1407 of the Health – General Article;
153+ (11) any funds designated by the State to provide State–based health 5
154+insurance subsidies to young adults in the State; 6
151155
152- (ii) in fiscal years 2021 and 2022, for the Medical Assistance
153-Program within the Medical Care Programs Administration of the Maryland Department
154-of Health;
156+ (12) any federal funds received in accordance with § 31–121 of this subtitle 7
157+for the administration of small business tax credits; and 8
155158
156- (iii) in fiscal year 2022, for the Senior Prescription Drug Assistance
157-Program established under Title 15, Subtitle 10 of the Health – General Article; and
159+ (13) any other money from any other source accepted for the benefit of the 9
160+Fund. 10
158161
159- (iv) for the establishment and operation of the State–Based Young
160-Adult Health Insurance Subsidies Pilot Program.
162+ (f) (1) The Fund may be used only: 11
161163
162- (2) In each of fiscal years 2023 through 2025, the Governor shall:
164+ (i) 1. for the operation and administration of the Exchange in 12
165+carrying out the purposes authorized under this subtitle; 13
163166
164- (i) transfer $15,000,000 to the Health Equity Resource Community
165-Reserve Fund; and
167+ 2. for the establishment and operation of the State 14
168+Reinsurance Program; and 15
166169
167- (ii) include the funds transferred in accordance with item (i) of this
168-paragraph in the annual budget bill as an appropriation to the Health Equity Resource
169-Community Reserve Fund under § 20–1407 of the Health – General Article.
170+ 3. for appropriations to the Health Equity Resource 16
171+Community Reserve Fund under § 20–1407 of the Health – General Article; 17
170172
171- (g) (1) The Board shall maintain separate accounts within the Fund for
172-Exchange operations, for the State Reinsurance Program, and for the State–Based Young
173-Adult Health Insurance Subsidies Pilot Program.
173+ (ii) in fiscal years 2021 and 2022, for the Medical Assistance 18
174+Program within the Medical Care Programs Administration of the Maryland Department 19
175+of Health; 20
174176
175- (2) Accounts within the Fund shall contain the money that is intended to
176-support the purpose for which each account is designated.
177+ (iii) in fiscal year 2022, for the Senior Prescription Drug Assistance 21
178+Program established under Title 15, Subtitle 10 of the Health – General Article; and 22
177179
178- (3) Funds received from the distribution of the premium tax under §
179-6–103.2 of this article shall be placed in the account for Exchange operations and may be
180-used only for the purpose of funding the operation and administration of the Exchange.
180+ (iv) for the establishment and operation of the State–Based Young 23
181+Adult Health Insurance Subsidies Pilot Program. 24
181182
182- (4) The following funds may be used only for the purposes of funding the
183-State Reinsurance Program:
183+ (2) In each of fiscal years 2023 through 2025, the Governor shall: 25
184184
185- (i) any pass–through funds received from the federal government
186-under a waiver approved under § 1332 of the Affordable Care Act to provide reinsurance to
187-carriers that offer individual health benefit plans in the State;
185+ (i) transfer $15,000,000 to the Health Equity Resource Community 26
186+Reserve Fund; and 27
188187
189- (ii) any funds designated by the federal government to provide
190-reinsurance to carriers that offer individual health benefit plans in the State; WES MOORE, Governor Ch. 842
188+ (ii) include the funds transferred in accordance with item (i) of this 28
189+paragraph in the annual budget bill as an appropriation to the Health Equity Resource 29
190+Community Reserve Fund under § 20–1407 of the Health – General Article. 30
191+ HOUSE BILL 728 5
191192
192-– 5 –
193193
194- (iii) any funds designated by the State to provide reinsurance to
195-carriers that offer individual health benefit plans in the State; and
194+ (g) (1) The Board shall maintain separate accounts within the Fund for 1
195+Exchange operations, for the State Reinsurance Program, and for the State–Based Young 2
196+Adult Health Insurance Subsidies Pilot Program. 3
196197
197- (iv) except as provided in subsection (f) of this section, funds received
198-from the distribution of the assessment under § 6–102.1 of this article.
198+ (2) Accounts within the Fund shall contain the money that is intended to 4
199+support the purpose for which each account is designated. 5
199200
200- (h) (1) Expenditures from the Fund for the purposes authorized by this
201-subtitle may be made only:
201+ (3) Funds received from the distribution of the premium tax under § 6
202+6–103.2 of this article shall be placed in the account for Exchange operations and may be 7
203+used only for the purpose of funding the operation and administration of the Exchange. 8
202204
203- (i) with an appropriation from the Fund approved by the General
204-Assembly in the State budget; or
205+ (4) The following funds may be used only for the purposes of funding the 9
206+State Reinsurance Program: 10
205207
206- (ii) by the budget amendment procedure provided for in Title 7,
207-Subtitle 2 of the State Finance and Procurement Article.
208+ (i) any pass–through funds received from the federal government 11
209+under a waiver approved under § 1332 of the Affordable Care Act to provide reinsurance to 12
210+carriers that offer individual health benefit plans in the State; 13
208211
209- (2) Notwithstanding § 7–304 of the State Finance and Procurement Article,
210-if the amount of the distribution from the premium tax under § 6–103.2 of this article
211-exceeds in any State fiscal year the actual expenditures incurred for the operation and
212-administration of the Exchange, funds in the Exchange operations account from the
213-premium tax that remain unspent at the end of the State fiscal year shall revert to the
214-General Fund of the State.
212+ (ii) any funds designated by the federal government to provide 14
213+reinsurance to carriers that offer individual health benefit plans in the State; 15
215214
216- (3) If operating expenses of the Exchange may be charged to either State
217-or non–State fund sources, the non–State funds shall be charged before State funds are
218-charged.
215+ (iii) any funds designated by the State to provide reinsurance to 16
216+carriers that offer individual health benefit plans in the State; and 17
219217
220- (i) (1) The State Treasurer shall invest the money of the Fund in the same
221-manner as other State money may be invested.
218+ (iv) except as provided in subsection (f) of this section, funds received 18
219+from the distribution of the assessment under § 6–102.1 of this article. 19
222220
223- (2) Any investment earnings of the Fund shall be credited to the Fund.
221+ (h) (1) Expenditures from the Fund for the purposes authorized by this 20
222+subtitle may be made only: 21
224223
225- (3) Except as provided in subsection (h)(2) of this section, no part of the
226-Fund may revert or be credited to the General Fund or any special fund of the State.
224+ (i) with an appropriation from the Fund approved by the General 22
225+Assembly in the State budget; or 23
227226
228- (j) A debt or an obligation of the Fund is not a debt of the State or a pledge of
229-credit of the State.
227+ (ii) by the budget amendment procedure provided for in Title 7, 24
228+Subtitle 2 of the State Finance and Procurement Article. 25
230229
231-31–108.
230+ (2) Notwithstanding § 7–304 of the State Finance and Procurement Article, 26
231+if the amount of the distribution from the premium tax under § 6–103.2 of this article 27
232+exceeds in any State fiscal year the actual expenditures incurred for the operation and 28
233+administration of the Exchange, funds in the Exchange operations account from the 29
234+premium tax that remain unspent at the end of the State fiscal year shall revert to the 30
235+General Fund of the State. 31
232236
233- (a) On or before January 1, 2014, the functions and operations of the Exchange
234-shall include at a minimum all functions required by § 1311(d)(4) of the Affordable Care
235-Act.
237+ (3) If operating expenses of the Exchange may be charged to either State 32
238+or non–State fund sources, the non–State funds shall be charged before State funds are 33
239+charged. 34
240+ 6 HOUSE BILL 728
236241
237- (b) In compliance with § 1311(d)(4) of the Affordable Care Act, the Exchange
238-shall: Ch. 842 2024 LAWS OF MARYLAND
239242
240-– 6 –
243+ (i) (1) The State Treasurer shall invest the money of the Fund in the same 1
244+manner as other State money may be invested. 2
241245
242- (1) make qualified plans available to qualified individuals, QUALIFIED
243-RESIDENTS, and qualified employers;
246+ (2) Any investment earnings of the Fund shall be credited to the Fund. 3
244247
245-31–115.
248+ (3) Except as provided in subsection (h)(2) of this section, no part of the 4
249+Fund may revert or be credited to the General Fund or any special fund of the State. 5
246250
247- (b) To be certified as a qualified health plan, a health benefit plan shall:
251+ (j) A debt or an obligation of the Fund is not a debt of the State or a pledge of 6
252+credit of the State. 7
248253
249- (7) be in the interest of qualified individuals, QUALIFIED RESIDENTS , and
250-qualified employers, as determined by the Exchange;
254+31–108. 8
251255
252-31–123.
256+ (a) On or before January 1, 2014, the functions and operations of the Exchange 9
257+shall include at a minimum all functions required by § 1311(d)(4) of the Affordable Care 10
258+Act. 11
253259
254- (A) ON OR BEFORE JULY 1, 2025, THE EXCHANGE, IN CONSULTATION WITH
255-THE COMMISSIONER A ND AS APPROVED BY TH E BOARD, SHALL SUBMIT A STATE
256-INNOVATION WAIVER APPLICATION AM ENDMENT UNDER § 1332 OF THE
257-AFFORDABLE CARE ACT TO ESTABLISH A QUALIFIED RESIDENT ENROLLMENT
258-PROGRAM AND , IF AVAILABLE , SEEK FEDERAL PASS –THROUGH FUNDING
259-RESULTING FROM THE I MPLEMENTATION OF A QUALIFIED RESIDENT ENROLLMENT
260-PROGRAM.
260+ (b) In compliance with § 1311(d)(4) of the Affordable Care Act, the Exchange 12
261+shall: 13
261262
262- (B) ON OR BEFORE DECEMBER 31, 2025, THE COMMISSIONER MAY WAIV E
263-ANY NOTIFICATION OR OTHER REQUIREMENTS T HAT APPLY TO A CARRI ER UNDER
264-THIS ARTICLE IN CALE NDAR YEAR 2025 DUE TO THE IMPLEMENT ATION OF A WAIVER
265-APPROVED UNDER § 1332 OF THE AFFORDABLE CARE ACT.
263+ (1) make qualified plans available to qualified individuals, QUALIFIED 14
264+RESIDENTS, and qualified employers; 15
266265
267-31–124.
266+31–115. 16
268267
269- (A) THE EXCHANGE, IN CONSULTATION WITH THE COMMISSIONER AND AS
270-APPROVED BY THE BOARD, SHALL ESTABLISH AND IMPLEMENT A QUALIFIED
271-RESIDENT ENROLLMENT PROGRAM:
268+ (b) To be certified as a qualified health plan, a health benefit plan shall: 17
272269
273- (1) TO FACILITATE THE EN ROLLMENT OF QUALIFIE D RESIDENTS IN
274-QUALIFIED PLANS ;
270+ (7) be in the interest of qualified individuals, QUALIFIED RESIDENTS , and 18
271+qualified employers, as determined by the Exchange; 19
275272
276- (2) THAT, AS NECESSARY , MEETS THE REQUIREMEN TS OF A WAIVER
277-APPROVED UNDER § 1332 OF THE AFFORDABLE CARE ACT; AND
273+31–123. 20
278274
279- (3) THAT IS CONSISTENT W ITH FEDERAL AND STATE LAW.
275+ (A) ON OR BEFORE JULY 1, 2025, THE EXCHANGE, IN CONSULTATION WITH 21
276+THE COMMISSIONER AND AS APPR OVED BY THE BOARD, SHALL SUBMIT A STATE 22
277+INNOVATION WAIVER APPLICATION AM ENDMENT UNDER § 1332 OF THE 23
278+AFFORDABLE CARE ACT TO ESTABLISH A QUALIFIED RESIDENT ENROLLMENT 24
279+PROGRAM AND , IF AVAILABLE , SEEK FEDERAL PASS –THROUGH FUNDING 25
280+RESULTING FROM THE IMPLEMENTAT ION OF A QUALIFIED RESIDENT ENROLLMENT 26
281+PROGRAM. 27
280282
281- (B) THE QUALIFIED RESIDENT ENROLLMENT PROGRAM SHALL BE
282-DESIGNED TO MAKE IND IVIDUAL MARKET INSUR ANCE COVERAGE OFFERE D
283-THROUGH THE EXCHANGE AVAILABLE TO QUALIFIED RESIDENTS ALLOW QUALIFIED
284-RESIDENTS TO PURCHAS E QUALIFIED PLANS ON THE INDIVIDUAL EXCHANGE. WES MOORE, Governor Ch. 842
283+ (B) ON OR BEFORE DECEMBER 31, 2025, THE COMMISSIONER MAY WAIV E 28
284+ANY NOTIFICATION OR OTHER REQUIREMENTS T HAT APPLY TO A CARRI ER UNDER 29
285+THIS ARTICLE IN CALE NDAR YEAR 2025 DUE TO THE IMPLEMEN TATION OF A WAIVER 30
286+APPROVED UNDER § 1332 OF THE AFFORDABLE CARE ACT. 31
285287
286-– 7 –
288+31–124. 32 HOUSE BILL 728 7
287289
288- (C) (1) THE IMPLEMENTATION OF THE QUALIFIED RESIDENT
289-ENROLLMENT PROGRAM SHALL BE CONT INGENT ON APPROVAL F ROM THE U.S.
290-SECRETARY OF HEALTH AND HUMAN SERVICES AND THE U.S. SECRETARY OF THE
291-TREASURY OF A STATE INNOVATION WAIVER APPLICATION AM ENDMENT UNDER §
292-1332 OF THE AFFORDABLE CARE ACT.
293290
294- (2) WITHIN 6 MONTHS BEFORE A FISC AL YEAR IN WHICH THE
295-EXCHANGE IMPLEMENTS T HE QUALIFIED RESIDENT ENROLLMENT PROGRAM, THE
296-EXCHANGE SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE
297-WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON ITS PLAN TO IMPLE MENT
298-THE PROGRAM, INCLUDING:
299291
300- (I) THE AMOUNT AND SOURC E OF THE FUNDING FOR THE
301-PROGRAM;
292+ (A) THE EXCHANGE, IN CONSULTATION WITH THE COMMISSIONER AND AS 1
293+APPROVED BY THE BOARD, SHALL ESTABLISH AND IMPLEMENT A QUALIFIED 2
294+RESIDENT ENROLLMENT PROGRAM: 3
302295
303- (II) THE PARAMETERS OF TH E PROGRAM;
296+ (1) TO FACILITATE THE ENROLLMENT OF QUALIFIED RESIDENTS IN 4
297+QUALIFIED PLANS ; 5
304298
305- (III) THE NUMBER OF INDIVI DUALS ANTICIPATED TO BE
306-ASSISTED THROUGH PARTICIPATE IN THE PROGRAM; AND
299+ (2) THAT, AS NECESSARY , MEETS THE REQUIREMEN TS OF A WAIVER 6
300+APPROVED UNDER § 1332 OF THE AFFORDABLE CARE ACT; AND 7
307301
308- (IV) THE AMOUNT OF PREMIU MS ANTICIPATED TO BE PAID BY
309-PARTICIPANTS UNDER T HE PROGRAM; AND
302+ (3) THAT IS CONSISTENT W ITH FEDERAL AND STATE LAW. 8
310303
311- (IV) (V) IF THE EXCHANGE IS AUTHORIZE D TO PROVIDE
312-SUBSIDIES GENERAL ASSEMBLY AUTHORIZES F UNDING TO SUBSIDIZE PREMIUMS
313-UNDER THE PROGRAM, THE PARAMETERS OF TH E SUBSIDIES.
304+ (B) THE QUALIFIED RESIDENT ENROLLMENT PROGRAM SHALL BE 9
305+DESIGNED TO MAKE IND IVIDUAL MARKET INSUR ANCE COVERAGE OFFERE D 10
306+THROUGH THE EXCHANGE AVAILABLE TO QUALIFIED RESIDENTS ALLOW QUALIFIED 11
307+RESIDENTS TO PURCHAS E QUALIFIED PLANS ON THE INDIVIDUAL EXCHANGE. 12
314308
315- (D) ON OR BEFORE JANUARY 1, 2026, THE EXCHANGE SHALL ADOPT
316-REGULATIONS TO CARRY OUT THIS SECTION .
309+ (C) (1) THE IMPLEMENTATION OF THE QUALIFIED RESIDENT 13
310+ENROLLMENT PROGRAM SHALL BE CONT INGENT ON APPROVAL F ROM THE U.S. 14
311+SECRETARY OF HEALTH AND HUMAN SERVICES AND THE U.S. SECRETARY OF THE 15
312+TREASURY OF A STATE INNOVATION WAIVER APPLICATION AM ENDMENT UNDER § 16
313+1332 OF THE AFFORDABLE CARE ACT. 17
317314
318- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
319-October 1, 2024.
315+ (2) WITHIN 6 MONTHS BEFORE A FISC AL YEAR IN WHICH THE 18
316+EXCHANGE IMPLEMENTS T HE QUALIFIED RESIDENT ENROLLMENT PROGRAM, THE 19
317+EXCHANGE SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE 20
318+WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON ITS PLAN TO IMPLE MENT 21
319+THE PROGRAM, INCLUDING: 22
320320
321-Approved by the Governor, May 16, 2024.
321+ (I) THE AMOUNT AND SOURC E OF THE FUNDING FOR THE 23
322+PROGRAM; 24
323+
324+ (II) THE PARAMETERS OF TH E PROGRAM; 25
325+
326+ (III) THE NUMBER OF INDIVI DUALS ANTICIPATED TO BE 26
327+ASSISTED THROUGH PARTICIPATE IN THE PROGRAM; AND 27
328+
329+ (IV) THE AMOUNT OF PREMIU MS ANTICIPATED TO BE PAID BY 28
330+PARTICIPANTS UNDER T HE PROGRAM; AND 29
331+
332+ (IV) (V) IF THE EXCHANGE IS AUTHORIZE D TO PROVIDE 30
333+SUBSIDIES GENERAL ASSEMBLY AUTHORIZES F UNDING TO SUBSIDIZE PREMIUMS 31
334+UNDER THE PROGRAM, THE PARAMETERS OF TH E SUBSIDIES. 32 8 HOUSE BILL 728
335+
336+
337+
338+ (D) ON OR BEFORE JANUARY 1, 2026, THE EXCHANGE SHALL ADOPT 1
339+REGULATIONS TO CARRY OUT THIS SECTION . 2
340+
341+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
342+October 1, 2024. 4
343+
344+
345+
346+
347+Approved:
348+________________________________________________________________________________
349+ Governor.
350+________________________________________________________________________________
351+ Speaker of the House of Delegates.
352+________________________________________________________________________________
353+ President of the Senate.