Code of Maryland Regulations
Title 21 - STATE PROCUREMENT REGULATIONS
Subtitle 11 - SOCIOECONOMIC POLICIES
Chapter 21.11.16 - State-Funded Construction Projects - Employee Health Care Expenses
Section 21.11.16.01 - Definitions
Universal Citation: MD Code Reg 21.11.16.01
Current through Register Vol. 51, No. 6, March 22, 2024
A. In this chapter the following words have the meanings indicated.
B. Terms Defined.
(1) "Aggregate employee health care expenses"
means all employee health care expenses paid by a responsible bidder or
subcontractor.
(2) Aggregate Social
Security Wages.
(a) "Aggregate Social Security
wages" means all wages paid by a responsible bidder or subcontractor to an
employee for the period of time in which the wages are paid.
(b) "Aggregate Social Security wages" does
not include wages that are above the federal Social Security contribution and
benefit base.
(3)
"Contractor" means a responsible bidder awarded a contract to complete a
State-funded construction project.
(4) "Employee" means an individual who is
employed by a responsible bidder, contractor, or subcontractor to work on or at
the site of a State-funded construction project.
(5) "Employee health care expenses" means any
costs for health care services that are paid by a responsible bidder or
subcontractor to an employee, unless the employee has coverage under another
plan, including:
(a) Contributions made on
behalf of an employee to provide credible health care coverage in the form of
any group policy, contract, or program that is written or administered by a
disability insurer, health care service plan, fraternal benefits society,
selfinsured employer plan, or any other entity, in this State or elsewhere,
that arranges or provides medical, hospital, and surgical coverage not
designated to supplement other private or governmental plans;
(b) Contributions made on behalf of an
employee to a health savings account as defined under §223 of the Internal
Revenue Code or to any other account having a substantially equivalent purpose
or effect without regard to whether the contributions qualify for a tax
deduction or are excludable from employee income;
(c) Reimbursements to an employee for
expenses incurred in the purchase of health care services;
(d) Payments to a third party for the purpose
of providing health care services for an employee;
(e) Payments under a collective bargaining
agreement for the purpose of providing health care services for an employee;
and
(f) Costs incurred in the
direct delivery of health care services to an employee.
(6) "Health care services" means medical
care, services, or goods that:
(a) Qualify as
a tax-deductible expense under §213 of the Internal Revenue Code;
or
(b) Have a substantially
equivalent purpose to medical care, services, or goods that qualify as a
tax-deductible expense under §213 of the Internal Revenue Code.
(7) "Subcontractor" means a
person:
(a) Listed on a responsive bid to
provide construction services under a portion of a contract with the State;
or
(b) Added to a contract with the
State after the contract is awarded in order to provide construction services
under a portion of the contract.
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