§ 19-803. Administration of Fund.

   (a) Commissioner to administer. -- The Commissioner shall administer the Fund.

(b) Deposits and allocations. -- Notwithstanding § 2-114 of this article:

   (1) the Commissioner shall deposit the revenue from the tax imposed on health maintenance organizations and managed care organizations under § 6-102 of this article in the Fund;

   (2) during the period an allocation is made to the Rate Stabilization Account, the Commissioner may distribute up to $ 350,000 annually from the revenue estimated to be received by the Fund in a fiscal year to provide for the costs incurred by the Commissioner to administer the Fund;

   (3) after distributing the amount required under paragraph (2) of this subsection, the Commissioner shall allocate the revenue and unallocated balance of the Fund according to the following schedule:

      (i) in fiscal year 2005, $ 3,500,000 to the Medical Assistance Program Account;

      (ii) in fiscal year 2006:

         1. $ 52,000,000 to the Rate Stabilization Account to pay for health care provider rate reductions, credits, or refunds in calendar year 2005; and

         2. $ 30,000,000 to the Medical Assistance Program Account;

      (iii) in fiscal year 2007:

         1. $ 45,000,000 to the Rate Stabilization Account to pay for health care provider rate reductions, credits, or refunds in calendar year 2006; and

         2. $ 45,000,000 to the Medical Assistance Program Account;

      (iv) in fiscal year 2008:

         1. $ 35,000,000 to the Rate Stabilization Account to pay for health care provider rate reductions, credits, or refunds in calendar year 2007; and

         2. $ 65,000,000 to the Medical Assistance Program Account;

      (v) in fiscal year 2009:

         1. an amount to be determined at the discretion of the Commissioner to the Rate Stabilization Account to pay for health care provider rate reductions, credits, or refunds in calendar year 2008; and

         2. the remaining revenue to the Medical Assistance Program Account; and

      (vi) in fiscal years 2010 and 2011:

         1. notwithstanding any other provision of law, up to $ 300,000 each year to the Office of the Comptroller to pay for mailings of applications and enrollment instructions for the Maryland Medical Assistance Program and the Maryland Children's Health Program for families with children; and

         2. the remaining revenue to the Medical Assistance Program Account; and

      (vii) in fiscal year 2012 and annually thereafter, 100% to the Medical Assistance Program Account.

(c) Revenues to remain in Fund. --

   (1) Any revenue remaining in the Fund after fiscal year 2005 shall remain in the Fund until otherwise directed by law.

   (2) If in any fiscal year the allocations made under this section exceed the revenues estimated for that year, amounts available in the unallocated balance of the Fund may be substituted to the extent of a Fund deficit.

(d) Allocation to insurer not earning in-State premiums. --

   (1) If a medical professional liability insurer provides coverage to a health care provider and that insurer did not earn premiums in the previous calendar year in the State, that insurer shall be allocated 5% of the balance of the Rate Stabilization Account or a lesser amount as determined by the Commissioner.

   (2) If an allocation is made under paragraph (1) of this subsection, the funds available to other medical professional liability insurers shall be reduced on a pro rata basis.

HISTORY: 2005, ch. 1; 2007, chs. 174, 175; 2008, ch. 36, § 6; ch. 329.