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VETOES
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S.B. 961
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[(d)](C) (1) A carrier shall base its rating methods and practices on
commonly accepted actuarial assumptions and sound actuarial principles.
(2) A carrier that is a health maintenance organization and that includes
a subrogation provision in its contract as authorized under § 19-713.1(d) of the
Health—General Article shall:
(i) use in its rating methodology an adjustment that reflects the
subrogation; and
(ii) identify in its rate filing with the Administration, and annually
in a form approved by the Commissioner, all amounts recovered through subrogation.
(3) A CARRIER MAY USE HEALTH STATEMENTS, IN A FORM APPROVED
BY THE COMMISSIONER, AND HEALTH SCREENINGS TO ESTABLISH PREMIUM RATES
AS PROVIDED IN THIS SECTION.
(D) A CARRIER MAY NOT LIMIT COVERAGE OFFERED BY THE CARRIER, OR
REFUSE TO ISSUE A HEALTH BENEFIT PLAN TO ANY SMALL EMPLOYER THAT MEETS
THE REQUIREMENTS OF THIS SUBTITLE, BASED ON A HEALTH STATUS RELATED
FACTOR.
(E) IT SHALL BE AN UNFAIR TRADE PRACTICE FOR A CARRIER TO KNOWINGLY
PROVIDE COVERAGE TO A SMALL EMPLOYER THAT DISCRIMINATES AGAINST AN
EMPLOYEE OR APPLICANT FOR EMPLOYMENT, BASED ON THE HEALTH STATUS OF
THE EMPLOYEE OR APPLICANT OR A DEPENDENT OF THE EMPLOYEE OR APPLICANT,
WITH RESPECT TO PARTICIPATION IN A HEALTH BENEFIT PLAN SPONSORED BY THE
SMALL EMPLOYER
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall apply to
health benefit plans subject to this Act that are issued, delivered, or renewed in the
State on or after October 1, 2005.
(a) There is a Joint Legislative Task Force on Small Group Market Health
Insurance.
(b) The Task Force consists of the following six members:
(1) three members of the Senate Finance Committee, appointed by the
President of the Senate; and
(2) three members of the House Health and Government Operations
Committee, appointed by the Speaker of the House.
(c) (1) The President of the Senate shall appoint a co-chair from among the
Senate Finance Committee members.
(2) The Speaker of the House shall appoint a co-chair from among the
House Health and Government Operations Committee members.
(d) (1) The Department of Legislative Services shall provide staff support
for the Task Force.
- 3958 -
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