HARRY HUGHES, Governor

3073

Section 581 through 597, inclusive, to be under the new

subtitle "42. Dental Plan Organization Act"
Annotated Code of Maryland
(1979 Replacement Volume and 1983 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 48A - Insurance Code

42. DENTAL PLAN ORGANIZATION ACT

581.

(A)  IN THIS SUBTITLE, THE FOLLOWING TERMS HAVE THE MEANINGS
INDICATED.

(B)  "DENTAL PLAN" MEANS ANY CONTRACTUAL ARRANGEMENT FOR
DENTAL SERVICES PROVIDED, ARRANGED FOR, OR ADMINISTERED DIRECTLY
ON A PREPAID, POSTPAID INDIVIDUAL, OR GROUP CAPITATION BASIS.

(C)  "DENTAL PLAN ORGANIZATION" MEANS ANY PERSON WHO
UNDERTAKES TO PROVIDE DIRECTLY, ARRANGES FOR, OR ADMINISTERS A
DENTAL PLAN THAT PROVIDES DENTAL SERVICES.

(D)  "DENTAL SERVICES" MEANS ANY SERVICE INCLUDED IN THE
PRACTICE OF DENTISTRY AS DEFINED IN THE HEALTH OCCUPATIONS
ARTICLE, § 4-101(L).

(E)  "ENROLLEE" MEANS AN INDIVIDUAL OR ANY DEPENDENT OF THE
INDIVIDUAL WHO IS ENROLLED IN A DENTAL PLAN ORGANIZATION.

(F)  "EVIDENCE OF COVERAGE" MEANS ANY CERTIFICATE,
AGREEMENT, OR CONTRACT ISSUED TO AN ENROLLEE THAT SETS OUT THE
DENTAL SERVICES TO WHICH THE ENROLLEE IS ENTITLED.

582.

(A)  THIS SUBTITLE MAY NOT BE CONSTRUED TO INCLUDE OR AFFECT
A DENTIST OR PROFESSIONAL DENTAL CORPORATION THAT ACCEPTS PAYMENT
ON A FEE-FOR-SERVICE BASIS FOR PROVIDING SPECIFIC DENTAL SERVICES
TO INDIVIDUAL PATIENTS FOR WHOM THE SERVICES HAVE BEEN
PREDIAGNOSED.

(B)  THIS SUBTITLE MAY NOT APPLY TO NONPROFIT HEALTH SERVICE
PLANS THAT ARE SUBJECT TO THE PROVISIONS OF SUBTITLE 20 OF THIS
ARTICLE, A DULY AUTHORIZED AND CERTIFICATED INSURER WHOSE
ACTIVITIES ARE AUTHORIZED AND REGULATED UNDER OTHER PROVISIONS OF
THIS ARTICLE, HEALTH MAINTENANCE ORGANIZATIONS THAT ARE
AUTHORIZED BY AND SUBJECT TO THE PROVISIONS OF TITLE 19, SUBTITLE
7 OF THE HEALTH - GENERAL ARTICLE OF THE ANNOTATED CODE OF
MARYLAND, AND DENTAL PLANS WHOSE REGULATION BY THE STATE IS
PREEMPTED BY FEDERAL LAW.