(a) This section applies to all grandfathered plans and to every health benefit plan that is not a grandfathered plan.
(b) (1) Subject to § 15–1106 of this title, a carrier may not rescind the coverage under a health benefit plan unless:
(i) the insured individual performs an act, a practice, or an omission that constitutes fraud or makes a misrepresentation of material fact as prohibited by the health benefit plan; and
(ii) except as provided in paragraph (2) of this subsection, the carrier complies with 45 C.F.R. § 147.128.
(2) If the Commissioner adopts regulations as described in subsection (c) of this section, a carrier that rescinds the coverage under a health benefit plan in accordance with subsection (b) of this section shall comply with the adopted regulations.
(c) To the extent necessary, the Commissioner shall adopt regulations that:
(1) establish requirements that a carrier shall comply with to rescind coverage under subsection (b) of this section; and
(2) are consistent with 45 C.F.R. § 147.128 and any federal rules and guidance as those provisions were in effect December 1, 2019.