HARRY HUGHES, Governor                                      2755

CHAPTER 723

(House Bill 447)

AN ACT concerning

Life Insurance Annuities and Health Insurance - Rates
for Blind and Hearing Impaired Persons

FOR the purpose of prohibiting certain insurers from making or
permitting any differentials in ratings, premium payments,
or dividends because of blindness or hearing impairment;
providing that actuarial justification may be considered for
a physical handicap other than blindness or hearing
impairment for certain forms of insurance; and generally
relating to the rates charged blind persons, partially blind
persons, or persons with hearing impairments for life and
health insurance and annuities.

BY repealing and reenacting, with amendments,

Article 48A - Insurance Code

Section 223

Annotated Code of Maryland

(1979 Replacement Volume and 1985 Supplement)

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

Article 48A - Insurance Code

223.

(a) (1) No person shall make or permit any unfair
discrimination between individuals of the same class and equal
expectation of life in the rates charged for any contract of life
insurance or of life annuity or in the dividends or other
benefits payable thereon, or in any other of the terms and
conditions of such contract.

(2) (I) Notwithstanding any other provisions in this
section, an insurer may not make or permit any differential in
ratings, premium payments or dividends FOR LIFE INSURANCE AND
ANNUITY CONTRACTS for any reason based on the blindness or other
physical handicap or disability of an applicant or policyholder
[unless there is actuarial].

(II) ACTUARIAL justification for the
differential MAY BE CONSIDERED FOR A PHYSICAL HANDICAP OR
DISABILITY OTHER THAN BLINDNESS OR HEARING IMPAIRMENT.