MD
Maryland Senate Bill SB705

Maryland 2024 Regular Session

Maryland Senate Bill SB705 Compare Versions

OldNewDifferences
1- WES MOORE, Governor Ch. 841
21
3-– 1 –
4-Chapter 841
5-(Senate Bill 705)
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+ *sb0705*
89
9-Health Insurance – Qualified Resident Enrollment Program
10-(Access to Care Act)
10+SENATE BILL 705
11+J5 4lr2888
12+ CF HB 728
13+By: Senators Hayes and Lam
14+Introduced and read first time: January 30, 2024
15+Assigned to: Finance
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: February 23, 2024
1119
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.
20+CHAPTER ______
1921
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)
22+AN ACT concerning 1
2523
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)
24+Health Insurance – Qualified Resident Enrollment Program 2
25+(Access to Care Act) 3
3126
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)
27+FOR the purpose of requiring the Maryland Health Benefit Exchange to establish and 4
28+implement the Qualified Resident Enrollment Program to facilitate the enrollment 5
29+of qualified residents in qualified plans; providing that the operation and 6
30+administration of the Program may include functions delegated by the Maryland 7
31+Exchange to a third party; providing that the implementation of the Program is 8
32+contingent on approval of a certain waiver application amendment; and generally 9
33+relating to the Qualified Resident Enrollment Program. 10
3734
38- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
39-That the Laws of Maryland read as follows:
35+BY repealing and reenacting, without amendments, 11
36+ Article – Insurance 12
37+Section 31–101(a) and 31–108(a) 13
38+ Annotated Code of Maryland 14
39+ (2017 Replacement Volume and 2023 Supplement) 15
4040
41-Article – Insurance
41+BY adding to 16
42+ Article – Insurance 17
43+Section 31–101(u–1), 31–123, and 31–124 18
44+ Annotated Code of Maryland 19
45+ (2017 Replacement Volume and 2023 Supplement) 20
4246
43-31–101.
47+BY repealing and reenacting, with amendments, 21
48+ Article – Insurance 22 2 SENATE BILL 705
4449
45- (a) In this subtitle the following words have the meanings indicated.
4650
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. 841 2024 LAWS OF MARYLAND
51+Section 31–107, 31–108(b)(1), and 31–115(b)(7) 1
52+ Annotated Code of Maryland 2
53+ (2017 Replacement Volume and 2023 Supplement) 3
4954
50-– 2 –
55+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
56+That the Laws of Maryland read as follows: 5
5157
52- (1) IS SEEKING TO ENROLL IN A QUALIFIED PLAN OFFERED TO
53-INDIVIDUALS THROUGH THE EXCHANGE;
58+Article – Insurance 6
5459
55- (2) RESIDES IN THE STATE;
60+31–101. 7
5661
57- (3) IS NOT INCARCERATED , OTHER THAN INCARCERA TION PENDING
58-DISPOSITION OF CHARG ES; AND
62+ (a) In this subtitle the following words have the meanings indicated. 8
5963
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.
64+ (U–1) “QUALIFIED RESIDENT ” MEANS AN INDIVIDUAL , INCLUDING A MINOR , 9
65+REGARDLESS OF IMMIGR ATION STATUS, WHO AT THE TIME OF E NROLLMENT : 10
6466
65-31–107.
67+ (1) IS SEEKING TO ENROLL IN A QUALIFIED PLAN OFFERED TO 11
68+INDIVIDUALS THROUGH THE EXCHANGE; 12
6669
67- (a) There is a Maryland Health Benefit Exchange Fund.
70+ (2) RESIDES IN THE STATE; 13
6871
69- (b) (1) The purpose of the Fund is to:
72+ (3) IS NOT INCARCERATED , OTHER THAN INCARCERA TION PENDING 14
73+DISPOSITION OF CHARGES ; AND 15
7074
71- (i) provide funding for the operation and administration of the
72-Exchange in carrying out the purposes of the Exchange under this subtitle;
75+ (4) IS NOT ELIGIBLE FOR THE FEDERAL PREMIUM TAX CREDIT, THE 16
76+MARYLAND MEDICAL ASSISTANCE PROGRAM, MEDICARE, THE MARYLAND 17
77+CHILDREN’S HEALTH PLAN, OR EMPLOYER –SPONSORED MINIMUM ES SENTIAL 18
78+COVERAGE. 19
7379
74- (ii) provide funding for the establishment and operation of the State
75-Reinsurance Program authorized under this subtitle;
80+31–107. 20
7681
77- (iii) provide funding for the Medical Assistance Program and the
78-Senior Prescription Drug Assistance Program;
82+ (a) There is a Maryland Health Benefit Exchange Fund. 21
7983
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
84+ (b) (1) The purpose of the Fund is to: 22
8385
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.
86+ (i) provide funding for the operation and administration of the 23
87+Exchange in carrying out the purposes of the Exchange under this subtitle; 24
8788
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.
89+ (ii) provide funding for the establishment and operation of the State 25
90+Reinsurance Program authorized under this subtitle; 26
9291
93- (c) The Exchange shall administer the Fund.
94- WES MOORE, Governor Ch. 841
92+ (iii) provide funding for the Medical Assistance Program and the 27
93+Senior Prescription Drug Assistance Program; 28
94+ SENATE BILL 705 3
9595
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.
9996
100- (2) The State Treasurer shall hold the Fund separately, and the
101-Comptroller shall account for the Fund.
97+ (iv) provide funding for the establishment and operation of Health 1
98+Equity Resource Communities under Title 20, Subtitle 14 of the Health – General Article; 2
99+and 3
102100
103- (e) The Fund consists of:
101+ (v) provide funding for the establishment and operation of the 4
102+State–Based Young Adult Health Insurance Subsidies Pilot Program authorized under this 5
103+subtitle. 6
104104
105- (1) any user fees or other assessments collected by the Exchange;
105+ (2) The operation and administration of the Exchange, the State 7
106+Reinsurance Program, [and] the State–Based Young Adult Health Insurance Subsidies 8
107+Pilot Program, AND THE QUALIFIED RESIDENT ENROLLMENT PROGRAM may include 9
108+functions delegated by the Exchange to a third party under law or by contract. 10
106109
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;
110+ (c) The Exchange shall administer the Fund. 11
109111
110- (3) income from investments made on behalf of the Fund;
112+ (d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 12
113+the State Finance and Procurement Article. 13
111114
112- (4) interest on deposits or investments of money in the Fund;
115+ (2) The State Treasurer shall hold the Fund separately, and the 14
116+Comptroller shall account for the Fund. 15
113117
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;
118+ (e) The Fund consists of: 16
116119
117- (6) money donated to the Fund;
120+ (1) any user fees or other assessments collected by the Exchange; 17
118121
119- (7) money awarded to the Fund through grants;
122+ (2) all revenue deposited into the Fund that is received from the 18
123+distribution of the premium tax under § 6–103.2 of this article; 19
120124
121- (8) any pass–through funds received from the federal government under a
122-waiver approved under § 1332 of the Affordable Care Act;
125+ (3) income from investments made on behalf of the Fund; 20
123126
124- (9) any funds designated by the federal government to provide reinsurance
125-to carriers that offer individual health benefit plans in the State;
127+ (4) interest on deposits or investments of money in the Fund; 21
126128
127- (10) any funds designated by the State to provide reinsurance to carriers
128-that offer individual health benefit plans in the State;
129+ (5) money collected by the Board as a result of legal or other actions taken 22
130+by the Board on behalf of the Exchange or the Fund; 23
129131
130- (11) any funds designated by the State to provide State–based health
131-insurance subsidies to young adults in the State;
132+ (6) money donated to the Fund; 24
132133
133- (12) any federal funds received in accordance with § 31–121 of this subtitle
134-for the administration of small business tax credits; and
134+ (7) money awarded to the Fund through grants; 25
135135
136- (13) any other money from any other source accepted for the benefit of the
137-Fund.
136+ (8) any pass–through funds received from the federal government under a 26
137+waiver approved under § 1332 of the Affordable Care Act; 27
138138
139- (f) (1) The Fund may be used only:
139+ (9) any funds designated by the federal government to provide reinsurance 28
140+to carriers that offer individual health benefit plans in the State; 29
140141
141- (i) 1. for the operation and administration of the Exchange in
142-carrying out the purposes authorized under this subtitle; Ch. 841 2024 LAWS OF MARYLAND
142+ (10) any funds designated by the State to provide reinsurance to carriers 30
143+that offer individual health benefit plans in the State; 31 4 SENATE BILL 705
143144
144-– 4 –
145145
146- 2. for the establishment and operation of the State
147-Reinsurance Program; and
148146
149- 3. for appropriations to the Health Equity Resource
150-Community Reserve Fund under § 20–1407 of the Health – General Article;
147+ (11) any funds designated by the State to provide State–based health 1
148+insurance subsidies to young adults in the State; 2
151149
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;
150+ (12) any federal funds received in accordance with § 31–121 of this subtitle 3
151+for the administration of small business tax credits; and 4
155152
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
153+ (13) any other money from any other source accepted for the benefit of the 5
154+Fund. 6
158155
159- (iv) for the establishment and operation of the State–Based Young
160-Adult Health Insurance Subsidies Pilot Program.
156+ (f) (1) The Fund may be used only: 7
161157
162- (2) In each of fiscal years 2023 through 2025, the Governor shall:
158+ (i) 1. for the operation and administration of the Exchange in 8
159+carrying out the purposes authorized under this subtitle; 9
163160
164- (i) transfer $15,000,000 to the Health Equity Resource Community
165-Reserve Fund; and
161+ 2. for the establishment and operation of the State 10
162+Reinsurance Program; and 11
166163
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.
164+ 3. for appropriations to the Health Equity Resource 12
165+Community Reserve Fund under § 20–1407 of the Health – General Article; 13
170166
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.
167+ (ii) in fiscal years 2021 and 2022, for the Medical Assistance 14
168+Program within the Medical Care Programs Administration of the Maryland Department 15
169+of Health; 16
174170
175- (2) Accounts within the Fund shall contain the money that is intended to
176-support the purpose for which each account is designated.
171+ (iii) in fiscal year 2022, for the Senior Prescription Drug Assistance 17
172+Program established under Title 15, Subtitle 10 of the Health – General Article; and 18
177173
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.
174+ (iv) for the establishment and operation of the State–Based Young 19
175+Adult Health Insurance Subsidies Pilot Program. 20
181176
182- (4) The following funds may be used only for the purposes of funding the
183-State Reinsurance Program:
177+ (2) In each of fiscal years 2023 through 2025, the Governor shall: 21
184178
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;
179+ (i) transfer $15,000,000 to the Health Equity Resource Community 22
180+Reserve Fund; and 23
188181
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. 841
182+ (ii) include the funds transferred in accordance with item (i) of this 24
183+paragraph in the annual budget bill as an appropriation to the Health Equity Resource 25
184+Community Reserve Fund under § 20–1407 of the Health – General Article. 26
191185
192-– 5 –
186+ (g) (1) The Board shall maintain separate accounts within the Fund for 27
187+Exchange operations, for the State Reinsurance Program, and for the State–Based Young 28
188+Adult Health Insurance Subsidies Pilot Program. 29
193189
194- (iii) any funds designated by the State to provide reinsurance to
195-carriers that offer individual health benefit plans in the State; and
190+ (2) Accounts within the Fund shall contain the money that is intended to 30
191+support the purpose for which each account is designated. 31
192+ SENATE BILL 705 5
196193
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.
199194
200- (h) (1) Expenditures from the Fund for the purposes authorized by this
201-subtitle may be made only:
195+ (3) Funds received from the distribution of the premium tax under § 1
196+6–103.2 of this article shall be placed in the account for Exchange operations and may be 2
197+used only for the purpose of funding the operation and administration of the Exchange. 3
202198
203- (i) with an appropriation from the Fund approved by the General
204-Assembly in the State budget; or
199+ (4) The following funds may be used only for the purposes of funding the 4
200+State Reinsurance Program: 5
205201
206- (ii) by the budget amendment procedure provided for in Title 7,
207-Subtitle 2 of the State Finance and Procurement Article.
202+ (i) any pass–through funds received from the federal government 6
203+under a waiver approved under § 1332 of the Affordable Care Act to provide reinsurance to 7
204+carriers that offer individual health benefit plans in the State; 8
208205
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.
206+ (ii) any funds designated by the federal government to provide 9
207+reinsurance to carriers that offer individual health benefit plans in the State; 10
215208
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.
209+ (iii) any funds designated by the State to provide reinsurance to 11
210+carriers that offer individual health benefit plans in the State; and 12
219211
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.
212+ (iv) except as provided in subsection (f) of this section, funds received 13
213+from the distribution of the assessment under § 6–102.1 of this article. 14
222214
223- (2) Any investment earnings of the Fund shall be credited to the Fund.
215+ (h) (1) Expenditures from the Fund for the purposes authorized by this 15
216+subtitle may be made only: 16
224217
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.
218+ (i) with an appropriation from the Fund approved by the General 17
219+Assembly in the State budget; or 18
227220
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.
221+ (ii) by the budget amendment procedure provided for in Title 7, 19
222+Subtitle 2 of the State Finance and Procurement Article. 20
230223
231-31–108.
224+ (2) Notwithstanding § 7–304 of the State Finance and Procurement Article, 21
225+if the amount of the distribution from the premium tax under § 6–103.2 of this article 22
226+exceeds in any State fiscal year the actual expenditures incurred for the operation and 23
227+administration of the Exchange, funds in the Exchange operations account from the 24
228+premium tax that remain unspent at the end of the State fiscal year shall revert to the 25
229+General Fund of the State. 26
232230
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.
231+ (3) If operating expenses of the Exchange may be charged to either State 27
232+or non–State fund sources, the non–State funds shall be charged before State funds are 28
233+charged. 29
236234
237- (b) In compliance with § 1311(d)(4) of the Affordable Care Act, the Exchange
238-shall: Ch. 841 2024 LAWS OF MARYLAND
235+ (i) (1) The State Treasurer shall invest the money of the Fund in the same 30
236+manner as other State money may be invested. 31
239237
240-– 6 –
238+ (2) Any investment earnings of the Fund shall be credited to the Fund. 32
241239
242- (1) make qualified plans available to qualified individuals, QUALIFIED
243-RESIDENTS, and qualified employers;
240+ (3) Except as provided in subsection (h)(2) of this section, no part of the 33
241+Fund may revert or be credited to the General Fund or any special fund of the State. 34 6 SENATE BILL 705
244242
245-31–115.
246243
247- (b) To be certified as a qualified health plan, a health benefit plan shall:
248244
249- (7) be in the interest of qualified individuals, QUALIFIED RESIDENTS , and
250-qualified employers, as determined by the Exchange;
245+ (j) A debt or an obligation of the Fund is not a debt of the State or a pledge of 1
246+credit of the State. 2
251247
252-31–123.
248+31–108. 3
253249
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.
250+ (a) On or before January 1, 2014, the functions and operations of the Exchange 4
251+shall include at a minimum all functions required by § 1311(d)(4) of the Affordable Care 5
252+Act. 6
261253
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.
254+ (b) In compliance with § 1311(d)(4) of the Affordable Care Act, the Exchange 7
255+shall: 8
266256
267-31–124.
257+ (1) make qualified plans available to qualified individuals, QUALIFIED 9
258+RESIDENTS, and qualified employers; 10
268259
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:
260+31–115. 11
272261
273- (1) TO FACILITATE THE EN ROLLMENT OF QUALIFIE D RESIDENTS IN
274-QUALIFIED PLANS ;
262+ (b) To be certified as a qualified health plan, a health benefit plan shall: 12
275263
276- (2) THAT, AS NECESSARY , MEETS THE REQUIREMEN TS OF A WAIVER
277-APPROVED UNDER § 1332 OF THE AFFORDABLE CARE ACT; AND
264+ (7) be in the interest of qualified individuals, QUALIFIED RESIDENTS , and 13
265+qualified employers, as determined by the Exchange; 14
278266
279- (3) THAT IS CONSISTENT W ITH FEDERAL AND STATE LAW.
267+31–123. 15
280268
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. 841
269+ (A) ON OR BEFORE JULY 1, 2025, THE EXCHANGE, IN CONSULTATION WITH 16
270+THE COMMISSIONER AND AS A PPROVED BY THE BOARD, SHALL SUBMIT A STATE 17
271+INNOVATION WAIVER APPLICATION AM ENDMENT UNDER § 1332 OF THE 18
272+AFFORDABLE CARE ACT TO ESTABLISH A QUALIFIED RESIDENT ENROLLMENT 19
273+PROGRAM AND , IF AVAILABLE , SEEK FEDERAL PASS –THROUGH FUNDING 20
274+RESULTING FROM THE I MPLEMENTATION OF A QUALIFIED RESIDENT ENROLLMENT 21
275+PROGRAM. 22
285276
286-– 7 –
277+ (B) ON OR BEFORE DECEMBER 31, 2025, THE COMMISSIONER MAY WAIV E 23
278+ANY NOTIFICATION OR OTHER REQUIREMENTS T HAT APPLY TO A CARRI ER UNDER 24
279+THIS ARTICLE IN CALE NDAR YEAR 2025 DUE TO THE IMPLEMENT ATION OF A WAIVER 25
280+APPROVED UNDER § 1332 OF THE AFFORDABLE CARE ACT. 26
287281
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.
282+31–124. 27
293283
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:
284+ (A) THE EXCHANGE, IN CONSULTATION WITH THE COMMISSIONER AND AS 28
285+APPROVED BY THE BOARD, SHALL ESTABLISH AND IMPLEMENT A QUALIFIED 29
286+RESIDENT ENROLLMENT PROGRAM: 30
287+ SENATE BILL 705 7
299288
300- (I) THE AMOUNT AND SOURC E OF THE FUNDING FOR THE
301-PROGRAM;
302289
303- (II) THE PARAMETERS OF TH E PROGRAM;
290+ (1) TO FACILITATE THE EN ROLLMENT OF QUALIFIE D RESIDENTS IN 1
291+QUALIFIED PLANS ; 2
304292
305- (III) THE NUMBER OF INDIVI DUALS ANTICIPATED TO BE
306-ASSISTED THROUGH PARTICIPATE IN THE PROGRAM; AND
293+ (2) THAT, AS NECESSARY , MEETS THE REQUIREMEN TS OF A WAIVER 3
294+APPROVED UNDER § 1332 OF THE AFFORDABLE CARE ACT; AND 4
307295
308- (IV) THE AMOUNT OF PREMIU MS ANTICIPATED TO BE PAID BY
309-PARTICIPANTS UNDER T HE PROGRAM; AND
296+ (3) THAT IS CONSISTENT W ITH FEDERAL AND STATE LAW. 5
310297
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.
298+ (B) THE QUALIFIED RESIDENT ENROLLMENT PROGRAM SHALL BE 6
299+DESIGNED TO MAKE IND IVIDUAL MARKET INSUR ANCE COVERAGE OFFERE D 7
300+THROUGH THE EXCHANGE AVAILABLE TO QUALIFIED RESIDENTS ALLOW QUALIFIED 8
301+RESIDENTS TO PURCHAS E QUALIFIED PLANS ON THE INDIVIDUAL EXCHANGE. 9
314302
315- (D) ON OR BEFORE JANUARY 1, 2026, THE EXCHANGE SHALL ADOPT
316-REGULATIONS TO CARRY OUT THIS SECTION .
303+ (C) (1) THE IMPLEMENTATION OF THE QUALIFIED RESIDENT 10
304+ENROLLMENT PROGRAM SHALL BE CONT INGENT ON APPROVAL F ROM THE U.S. 11
305+SECRETARY OF HEALTH AND HUMAN SERVICES AND THE U.S. SECRETARY OF THE 12
306+TREASURY OF A STATE INNOVATION WAIVER APPLICATION AM ENDMENT UNDER § 13
307+1332 OF THE AFFORDABLE CARE ACT. 14
317308
318- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
319-October 1, 2024.
309+ (2) WITHIN 6 MONTHS BEFORE A FISCAL YEAR IN WHICH THE 15
310+EXCHANGE IMPLEMENTS T HE QUALIFIED RESIDENT ENROLLMENT PROGRAM, THE 16
311+EXCHANGE SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE 17
312+WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON ITS PLAN TO IMPLE MENT 18
313+THE PROGRAM, INCLUDING: 19
320314
321-Approved by the Governor, May 16, 2024.
315+ (I) THE AMOUNT AND SOURC E OF THE FUNDING FOR THE 20
316+PROGRAM; 21
317+
318+ (II) THE PARAMETERS OF TH E PROGRAM; 22
319+
320+ (III) THE NUMBER OF INDIVI DUALS ANTICIPATED TO BE 23
321+ASSISTED THROUGH PARTICIPATE IN THE PROGRAM; AND 24
322+
323+ (IV) THE AMOUNT OF PREMIU MS ANTICIPATED TO BE PA ID BY 25
324+PARTICIPANTS UNDER T HE PROGRAM; AND 26
325+
326+ (IV) (V) IF THE EXCHANGE IS AUTHORIZE D TO PROVIDE 27
327+SUBSIDIES GENERAL ASSEMBLY AUTHORIZES F UNDING TO SUBSIDIZE PREMIUMS 28
328+UNDER THE PROGRAM, THE PARAMETERS OF TH E SUBSIDIES. 29
329+
330+ (D) ON OR BEFORE JANUARY 1, 2026, THE EXCHANGE SHALL ADOPT 30
331+REGULATIONS TO CARRY OUT THIS SECTION . 31
332+ 8 SENATE BILL 705
333+
334+
335+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
336+October 1, 2024. 2
337+
338+
339+
340+
341+Approved:
342+________________________________________________________________________________
343+ Governor.
344+________________________________________________________________________________
345+ President of the Senate.
346+________________________________________________________________________________
347+ Speaker of the House of Delegates.