Md. Code Regs. 14.35.20.02

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.35.20.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Board" means the Maryland Health Benefit Exchange Board of Trustees.

(2) "Board Secretary" means the Secretary for the Board of Trustees.

(3) Contested Case.

(a) "Contested case" has the meaning stated in State Government Article, § 10-202(d), Annotated Code of Maryland.

(b) "Contested case" includes a proceeding:

(i) Arising out of a determination made by the Exchange;

(ii) Regarding an authorization, certification, or permit issued by the Exchange; or

(iii) Arising out of any act of or failure to act by the Exchange, involving an authorization or a certification issued by the Exchange, that aggrieves a person.

(c) "Contested case" does not include any other quasi-legislative hearing.

(4) Determination.

(a) "Determination" means a decision by the Exchange that requires the Board to provide the opportunity for a hearing to a person aggrieved by the decision.

(b) "Determination" includes:

(i) A decision as to whether a person against whom an administrative complaint has been received violated a law, regulation, or order; and

(ii) An order issued pursuant to the Board's authority.

(5) "Exchange" means the Maryland Health Benefit Exchange.

(6) "Executive Director" means the Executive Director of the Maryland Health Benefit Exchange, appointed pursuant to Insurance Article, § 31-105, Annotated Code of Maryland.

(7) "Maryland Health Benefit Exchange" has the meaning set forth under Insurance Article, § 31-101(e), Annotated Code of Maryland.

(8) "Office" means the Office of Administrative Hearings.

(9) "Person" has the meaning set forth under COMAR 28.02.01.02B(12).

(10) "Presiding officer" means the Board member selected by the board to conduct, manage, and oversee the hearing and the administrative matters of an appeal on behalf of the Board of Trustees of the Maryland Health Benefit Exchange.

Md. Code Regs. 14.35.20.02

Regulation .02 adopted effective 50:20 Md. R. 889, eff. 10/16/2023