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2005 LAWS OF MARYLAND
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Ch. 508
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BE MADE PURSUANT TO A RULE MAKING PROCESS THAT CONFORMS TO THE MODEL
STATE ADMINISTRATIVE PROCEDURE ACT OF 1981, AS AMENDED, AS MAY BE
APPROPRIATE TO THE OPERATIONS OF THE COMMISSION. BEFORE THE COMMISSION
ADOPTS A UNIFORM STANDARD, THE COMMISSION SHALL GIVE WRITTEN NOTICE TO
THE RELEVANT STATE LEGISLATIVE COMMITTEES IN EACH COMPACTING STATE
RESPONSIBLE FOR INSURANCE ISSUES OF ITS INTENTION TO ADOPT THE UNIFORM
STANDARD. THE COMMISSION, IN ADOPTING A UNIFORM STANDARD, SHALL
CONSIDER FULLY ALL SUBMITTED MATERIALS AND ISSUE A CONCISE EXPLANATION
OF ITS DECISION.
3. EFFECTIVE DATE AND OPT OUT OF A UNIFORM STANDARD. A UNIFORM
STANDARD SHALL BECOME EFFECTIVE 90 DAYS AFTER ITS PROMULGATION BY THE
COMMISSION OR SUCH LATER DATE AS THE COMMISSION MAY DETERMINE;
PROVIDED, HOWEVER, THAT A COMPACTING STATE MAY OPT OUT OF A UNIFORM
STANDARD AS PROVIDED IN THIS ARTICLE. "OPT OUT" SHALL BE DEFINED AS ANY
ACTION BY A COMPACTING STATE TO DECLINE TO ADOPT OR PARTICIPATE IN A
PROMULGATED UNIFORM STANDARD. ALL OTHER RULES AND OPERATING
PROCEDURES, AND AMENDMENTS THERETO, SHALL BECOME EFFECTIVE AS OF THE
DATE SPECIFIED IN EACH RULE, OPERATING PROCEDURE, OR AMENDMENT.
4. OPT OUT PROCEDURE. A COMPACTING STATE MAY OPT OUT OF A UNIFORM
STANDARD, EITHER BY LEGISLATION OR REGULATION DULY PROMULGATED BY THE
INSURANCE DEPARTMENT UNDER THE COMPACTING STATE'S ADMINISTRATIVE
PROCEDURE ACT OR DULY PROMULGATED PURSUANT TO THE COMPACTING STATE'S
LAW. IF A COMPACTING STATE ELECTS TO OPT OUT OF A UNIFORM STANDARD BY
REGULATION, IT MUST: (I) GIVE WRITTEN NOTICE TO THE COMMISSION NO LATER
THAN 10 BUSINESS DAYS AFTER THE UNIFORM STANDARD IS PROMULGATED, OR AT
A TIME THE STATE BECOMES A COMPACTING STATE; AND (II) FIND THAT THE
UNIFORM STANDARD DOES NOT PROVIDE REASONABLE PROTECTIONS TO THE
CITIZENS OF THE STATE, GIVEN THE CONDITIONS IN THE STATE. THE
COMMISSIONER SHALL MAKE SPECIFIC FINDINGS OF FACT AND CONCLUSIONS OF
LAW, BASED ON A PREPONDERANCE OF THE EVIDENCE, DETAILING THE CONDITIONS
IN THE STATE WHICH WARRANT A DEPARTURE FROM THE UNIFORM STANDARD AND
DETERMINING THAT THE UNIFORM STANDARD WOULD NOT REASONABLY PROTECT
THE CITIZENS OF THE STATE. THE COMMISSIONER MUST CONSIDER AND BALANCE
THE FOLLOWING FACTORS AND FIND THAT THE CONDITIONS IN THE STATE AND
NEEDS OF THE CITIZENS OF THE STATE OUTWEIGH: (I) THE INTENT OF THE
LEGISLATURE TO PARTICIPATE IN, AND THE BENEFITS OF, AN INTERSTATE
AGREEMENT TO ESTABLISH NATIONAL UNIFORM CONSUMER PROTECTIONS FOR THE
PRODUCTS SUBJECT TO THIS COMPACT; AND (II) THE PRESUMPTION THAT A
UNIFORM STANDARD ADOPTED BY THE COMMISSION PROVIDES REASONABLE
PROTECTIONS TO CONSUMERS OF THE RELEVANT PRODUCT.
NOTWITHSTANDING THE FOREGOING, A COMPACTING STATE MAY, AT THE
TIME OF ITS ENACTMENT OF THIS COMPACT, PROSPECTIVELY OPT OUT OF ALL
UNIFORM STANDARDS INVOLVING LONG-TERM CARE INSURANCE PRODUCTS BY
EXPRESSLY PROVIDING FOR SUCH OPT OUT IN THE ENACTED COMPACT, AND SUCH
AN OPT OUT SHALL NOT BE TREATED AS A MATERIAL VARIANCE IN THE OFFER OR
ACCEPTANCE OF ANY STATE TO PARTICIPATE IN THIS COMPACT. SUCH AN OPT OUT
- 2976 -
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