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PARRIS N. GLENDENING, Governor
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Ch. 400
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[(f) Notwithstanding subsection (b)(3)(ii)1 of this section, in otherwise
satisfying the requirements of subsection (b)(1) of this section, a person is considered
a small employer under this subtitle if:
(1) all but one of its eligible employees are covered under another public
or private health benefit plan or other health benefit arrangement; and
(2) only one of its eligible employees is not covered under any public or
private health benefit plan or other health benefit arrangement.]
15-1206.
(c) (1) Subject to the approval of the Commissioner and as provided under
this subsection and § 15-1209(d) of this subtitle, a carrier may impose reasonable
minimum participation requirements.
(2) A carrier may not impose a requirement for minimum participation
by the eligible employees of a small employer that is greater than 75%.
(3) In applying a minimum participation requirement to determine
whether the applicable percentage of participation is met, a carrier may not consider
as eligible employees those who have GROUP SPOUSAL coverage under a public or
private plan of health insurance or another EMPLOYER'S health benefit arrangement,
including Medicare, Medicaid, and CHAMPUS, that provides benefits similar to or
exceeding the benefits provided under the Standard Plan.
(4) A carrier may not impose a minimum participation requirement for a
small employer group if any member of the group participates in a medical savings
account.
15-1207.
(a) In accordance with Title 19, Subtitle 1 of the Health - General Article, the
Commission shall adopt regulations that specify:
(1) the Comprehensive Standard Health Benefit Plan to apply under this
subtitle; [and]
(2) a modified health benefit plan for medical savings accounts that
qualify under the federal Health Insurance Portability and Accountability Act of 1996,
including:
(i) a waiver of deductibles as permitted under federal law;
(ii) minimum funding standards for medical savings accounts; and
(iii) authorization for offering the modified plan only by those
persons who offer the Comprehensive Standard Health Benefit Plan adopted in
accordance with item (1) of this subsection; AND
(3) A MODIFIED HEALTH BENEFIT PLAN WITH A HIGH DEDUCTIBLE,
WHICH IS NOT OFFERED IN COMBINATION WITH A MEDICAL SAVINGS ACCOUNT
UNDER ITEM (2) OF THIS SUBSECTION.
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- 2191 -
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