(a) The Exchange, in consultation with the Commissioner and as approved by the Board, shall establish and implement a Qualified Resident Enrollment Program: (1) to facilitate the enrollment of qualified residents in qualified plans; (2) that, as necessary, meets the requirements of a waiver approved under § 1332 of the Affordable Care Act; and (3) that is consistent with federal and State law. (b) The Qualified Resident Enrollment Program shall allow qualified residents to purchase qualified plans on the Individual Exchange. (c) (1) The implementation of the Qualified Resident Enrollment Program shall be contingent on approval from the U.S. Secretary of Health and Human Services and the U.S. Secretary of the Treasury of a State Innovation Waiver application amendment under § 1332 of the Affordable Care Act. (2) Within 6 months before a fiscal year in which the Exchange implements the Qualified Resident Enrollment Program, the Exchange shall submit a report to the General Assembly, in accordance with § 2-1257 of the State Government Article, on its plan to implement the Program, including: (i) the amount and source of the funding for the Program; (ii) the parameters of the Program; (iii) the number of individuals anticipated to participate in the Program; (iv) the amount of premiums anticipated to be paid by participants under the Program; and (v) if the General Assembly authorizes funding to subsidize premiums under the Program, the parameters of the subsidies. (d) On or before January 1, 2026, the Exchange shall adopt regulations to carry out this section. §31-125. ** CONTINGENCY - IN EFFECT - CHAPTER 468 OF 2025 ** (a) In this section, "Program" means the State-Based Health Insurance Subsidies Program. (b) The Exchange, in consultation with the Commissioner and as approved by the Board, shall establish and implement a State-Based Health Insurance Subsidies Program to provide subsidies to individuals for the purchase of health benefit plans in the individual health insurance market. (c) The Program required under this section shall be designed to: (1) maintain affordability for individuals purchasing health benefit plans through the Exchange; and (2) target individuals who experience an increase in the applicable percentages established under 26 U.S.C. § 36B(b)(3)(A)(iii) for premiums based on household income in calendar years 2026 and 2027, as compared to the applicable percentages in place for calendar year 2025. (d) Subject to available funds, for calendar years 2026 and 2027, the Exchange, in consultation with the Commissioner and as approved by the Board, shall establish subsidy eligibility and payment parameters for the Program that: (1) mitigate a reduction in advance premium tax credits because of changes in the applicable percentages described in subsection (c)(2) of this section; (2) maximize enrollment in the individual market; (3) take into consideration State funds needed to ensure the State Reinsurance Program continues to provide market stability through calendar year 2028; and (4) take into consideration uncertainties in enrollment in the Maryland Medical Assistance Program, the individual market, and the small group market due to changes in State and federal regulation and funding. (e) In fiscal years 2026 through 2028, the Exchange may designate funds from the Fund to be used for the Program. (f) The Exchange shall adopt regulations to carry out this section. (g) (1) The Exchange shall track on a monthly basis expenditures on subsidies provided under the Program, including: (i) the average number of individuals receiving subsidies under the Program; (ii) the average subsidy amount received by individuals under the Program; and (iii) the impact the Program has on rates in the individual insurance market. (2) The information tracked by the Exchange under paragraph (1) of this subsection shall be: (i) posted on the website of the Exchange; and (ii) included in the annual report required under § 31-119(d) of this subtitle.
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