§ 31-102
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/md/insurance/31-102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§31–102.
(a)There is a Maryland Health Benefit Exchange.
(1)The Exchange is a body politic and corporate and is an instrumentality of the State.
(2)The Exchange is a public corporation and a unit of State government.
(3)The exercise by the Exchange of its authority under this subtitle is an essential governmental function.
(c)The purposes of the Exchange are to:
(1)reduce the number of uninsured in the State;
(2)facilitate the purchase and sale of qualified health plans in the individual market in the State by providing a transparent marketplace;
(3)assist qualified employers in the State in facilitating the enrollment of their employees in qualified health plans in the small group market in the State and in accessing small business tax credits;
(4)assist individuals in accessing public programs, premium tax credits, and cost–sharing reductions; and
(5)supplement the individual and small group insurance markets outside of the Exchange.
(d)Nothing in this subtitle, and no regulation adopted or other action taken by the Exchange under this subtitle, may be construed to:
(1)preempt or supersede:
(i)the authority of the Commissioner to regulate insurance business in the State; or
(ii)the requirements of the Affordable Care Act;
(2)authorize the Exchange to carry out any function not authorized by the Affordable Care Act; or
(3)authorize the Exchange to offer any products or services except qualified health plans, qualified dental plans, and qualified vision plans.