MARVIN MANDEL, Governor

2459

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 223(b), 226(c) and 234A(b) of
Article 48A — Insurance Code, of the Annotated Code of
Maryland (1972 Replacement Volume and 1974 Supplement) be
and they are hereby repealed and re—enacted, with
amendments, to read as follows:

Article 48A — Insurance Code

223.

(b)   (1) No Person shall make or permit any unfair
discrimination between individuals of the same class and
of essentially the same hazard in the amount of premium,
policy fees, or rates charged for any policy or contract
of health insurance or in the benefits payable
thereunder, or in any of the terms, or conditions of such
contract, or in any other manner whatever.

(2) NOTWITHSTANDING ANY OTHER PROVISIONS IN
THIS SECTION, AN INSURER MAY NOT MAKE OR PERMIT ANY
DIFFERENTIAL IN RATINGS, PREMIUM PAYMENTS OR DIVIDENDS
FOR ANY REASON BASED ON THE SEX OF AN APPLICANT OR
POLICYHOLDER UNLESS THERE IS ACTUARIAL JUSTIFICATION FOR
THE DIFFERENTIAL.

226.

(c)   (1) No Insurer shall make or permit any unfair
discrimination between insureds or property having like
insuring or risk characteristics, in the premium or rates
charged for insurance, or in the dividends or other
benefits payable thereon, or in any other of the terms
and conditions of the insurance.

(2) NOTWITHSTANDING ANY OTHER PROVISIONS IN
THIS SECTION, AN INSURER MAY NOT MAKE OR PERMIT ANY
DIFFERENTIAL IN RATINGS, PREMIUM PAYMENTS OR DIVIDENDS
FOR ANY REASON BASED ON THE SEX OF AN APPLICANT OR
POLICYHOLDER UNLESS THERE IS ACTUARIAL JUSTIFICATION FOR
THE DIFFERENTIAL.

234A.

(b) No insurer shall require the existence of
special conditions, facts, or situations as a condition
to its acceptance or renewal of, a particular insurance
risk or class of risks in an arbitrary, capricious,
unfair, or discriminatory manner based in whole or part
upon the race, creed, color, SEX, religion, national
origin, or place of residency. ACTUARIAL JUSTIFICATION
MAY BE CONSIDERED WITH RESPECT TO SEX.