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Home » US Law » 2022 Maryland Statutes » Insurance » Title 15 - Health Insurance » Subtitle 1A - Consumer Protections

Section 15-1A-01 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    “Carrier” means:         (1)    an insurer that holds a certificate of authority in the State and provides health insurance in the State;         (2)    a health maintenance organization that is licensed to operate in the State;         (3)    a nonprofit health service plan that is licensed to operate in the State; […]

Section 15-1A-02 – Enforcement of Provisions by Commissioner

    (a)    The Commissioner may enforce:         (1)    the provisions of this subtitle; and         (2)    notwithstanding any other provisions of law, the following provisions of Title 1, Subtitles A, C, and D of the Affordable Care Act as they apply to individual health insurance coverage and health insurance coverage offered in the small group and large group markets as those […]

Section 15-1A-03 – Adoption of Regulations — Application to Health Benefit Plan — Grandfathered Plans

    (a)    For purposes of this subtitle, to the extent necessary, the Commissioner shall adopt regulations that:         (1)    establish criteria that a health benefit plan must meet to be considered a grandfathered plan; and         (2)    are consistent with 45 C.F.R. § 147.140 and any corresponding federal rules and guidance as those provisions were in effect December 1, 2019.     (b)    Except […]

Section 15-1A-04 – Criteria for Health Benefit Plans — Consistent With Federal Law

    For purposes of this subtitle, to the extent necessary, the Commissioner shall adopt regulations that:         (1)    establish criteria that a health benefit plan must meet to be considered a health benefit plan that covers essential health benefits; and         (2)    are consistent with 45 C.F.R. Part 156 Subpart B and any corresponding federal rules and guidance as those […]

Section 15-1A-05 – Application to Grandfathered Plans — Prohibition on Certain Exclusions or Denials

    (a)    This section applies to all grandfathered plans except grandfathered plans that are individual plans and to every health benefit plan that is not a grandfathered plan.     (b)    A carrier may not:         (1)    exclude or limit benefits because a health condition was present before the effective date of coverage; or         (2)    deny coverage because a health condition was present […]

Section 15-1A-06 – Certain Factors Prohibited in Consideration — Extra Premiums Prohibited

    (a)    A carrier may not establish rules for eligibility, including continued eligibility, for enrollment of an individual into a health benefit plan based on health status–related factors, including:         (1)    health condition;         (2)    claims experience;         (3)    receipt of health care;         (4)    medical history;         (5)    genetic information;         (6)    evidence of insurability including conditions arising out of acts of domestic violence; or         (7)    disability.     (b)    A carrier […]

Section 15-1A-07 – Premium Rates Review — Basis — Ratio of Premium Rate Variation

    (a)    (1)    This section may not be construed to limit the authority of the Commissioner to conduct a health benefit plan premium rate review under Title 11, Subtitle 6 of this article.         (2)    This section applies only to a carrier offering an individual plan and, subject to § 15–1205 of this title, a carrier offering a small group […]

Section 15-1A-09 – Acceptance of All Employers and Individuals — Exceptions

    (a)    Except as provided in subsections (b) through (d) of this section, a carrier shall accept every employer and individual in the State that applies for a health benefit plan, subject to the following provisions of this article:         (1)    Subtitle 4 of this title;         (2)    §§ 15–1206(c), 15–1208.1, 15–1208.2, 15–1209, and 15–1210 of this title;         (3)    §§ 15–1316 and […]

Section 15-1A-10 – Coverages Required and Additional Charges Prohibited — Out-of-Network Charges — Services Recommended or Not by Task Force

    (a)    Except as provided in subsections (b) and (c) of this section, a carrier shall provide coverage for and may not impose any cost–sharing requirements, including copayments, coinsurance, or deductibles for:         (1)    evidence–based items or services that have in effect a rating of A or B in the current recommendations of the United States Preventive Services Task […]

Section 15-1A-11 – Lifetime or Annual Limits on Benefits

    (a)    Except as provided in subsections (b) and (c) of this section, a carrier that offers a health benefit plan, including a grandfathered plan, may not establish lifetime limits or annual limits on the dollar value of benefits for any insured individual.     (b)    To the extent that limits are otherwise authorized under federal or State law, a […]

Section 15-1A-13 – Identification of Participating Primary Care Provider — Children — Obstetrical or Gynecological Care

    (a)    If a carrier requires or provides for the designation of a participating primary care provider for an insured individual, the carrier shall allow each insured individual to designate any participating primary care provider if the provider is available to accept the insured individual.     (b)    (1)    (i)    This subsection applies only to an individual who has a child who […]

Section 15-1A-14 – Emergency Services — Coverages

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Emergency medical condition” means a medical condition that manifests itself by acute symptoms of such severity, including severe pain, that the absence of immediate medical attention could reasonably be expected by a prudent layperson, who possesses an average knowledge of health and medicine, to result […]

Section 15-1A-15 – Summary of Benefits and Coverage Explanation — Regulations by Commissioner — Uniform Definitions — Periodic Review

    (a)    This section applies to all grandfathered plans and to every health benefit plan that is not a grandfathered plan.     (b)    (1)    A carrier shall compile and provide to consumers a summary of benefits and coverage explanation that:             (i)    accurately describes the benefits and coverage under the applicable health benefit plan; and             (ii)    except as provided in paragraph (2) of […]

Section 15-1A-16 – Acceptable Medical Loss Ratio — Calculation

    (a)    (1)    For purposes of this section, “medical loss ratio”:             (i)    has the meaning established in 45 C.F.R. § 158.221; or             (ii)    if the Commissioner adopts regulations as described in paragraph (2) of this subsection, has the meaning established by the adopted regulations.         (2)    To the extent necessary, the Commissioner shall adopt regulations that:             (i)    establish a definition for “medical loss […]

Section 15-1A-17 – Required Information Provided by Carrier — Disclosures — Hardship Exemptions — Catastrophic Plans

    (a)    (1)    This section may not be construed to require a carrier to disclose information that is proprietary and trade secret information under applicable law.         (2)    This section applies only to carriers offering an individual plan or a small group plan.     (b)    A carrier shall disclose to an individual or employer, as applicable, the following information:         (1)    the carrier’s right […]

Section 15-1A-18 – Catastrophic Plans — Regulations Governing

    (a)    A carrier may offer a catastrophic plan in the individual market in accordance with the requirements of this section.     (b)    A catastrophic plan may be offered only to individuals who:         (1)    are under the age of 30 years before the beginning of the plan year; or         (2)    hold certification for a hardship exemption or an affordability exemption as […]

Section 15-1A-19 – Annual Limitations on Cost Sharing for Essential Health Benefits Covered — Regulations

    (a)    (1)    In this section, “cost–sharing” means any expenditure required by or on behalf of an insured individual with respect to essential health benefits.         (2)    “Cost–sharing” includes:             (i)    deductibles, coinsurance, copayments, or similar charges; and             (ii)    any other expenditure required of an insured individual that is a qualified medical expense, as defined in 26 U.S.C. § 223(d)(2), with respect to […]

Section 15-1A-20 – Prescription Drug Essential Health Benefits for Individual and Small Group Plans

    (a)    (1)    This section applies only to individual plans and small group plans.         (2)    The requirements in this section are in addition to and not in substitution of any other requirements of law related to prescription drug benefits.     (b)    (1)    Except as provided in paragraph (2) of this subsection, an individual plan or a small group plan shall be considered […]