2854

LAWS OF MARYLAND

Ch. 751

(1)  THE AVAILABILITY OF BENEFITS UNDER THIS SECTION;
AND

(2)  A SUMMARY OF THE ELIGIBILITY FOR AND DURATION OF
SUCH BENEFITS.

(G) (1) NO EMPLOYER WHO TERMINATES COVERAGE FOLLOWING
NOTICE BY THE INSURED OR QUALIFIED SECONDARY BENEFICIARY AND NO
INSURER WHO TERMINATES COVERAGE FOLLOWING NOTICE BY THE EMPLOYER
SHALL BE LIABLE TO THE INSURED OR QUALIFIED SECONDARY BENEFICIARY
FOR BENEFITS WHICH WOULD HAVE OTHERWISE BEEN PAYABLE UNDER THIS
SECTION IF TERMINATION. IS:

(I)  MADE IN GOOD FAITH;

(II)  REASONABLE UNDER THE CIRCUMSTANCES; AND

(III)  NOT THE RESULT OF A MUTUAL OR MATERIAL
MISTAKE OF FACT.

(2) NOTWITHSTANDING PARAGRAPH (1) OF THIS
SUBSECTION , RECEIPT BY THE EMPLOYER OF THE TERMINATION
STATEMENT SHALL BE CONCLUSIVE EVIDENCE OF TERMINATION AND NEITHER
THE EMPLOYER OR INSURER SHALL BE LIABLE TO THE QUALIFIED
SECONDARY BENEFICIARY OR THE INSURED FOR BENEFITS WHICH WOULD
HAVE OTHERWISE BEEN PAYABLE UNDER THIS SECTION.

(H) THE OBLIGATIONS OF THE INSURED TO THE QUALIFIED

SECONDARY BENEFICIARY UNDER THIS SECTION ARE SUBJECT TO

MODIFICATION OR NULLIFICATION IF ORDERED BY A SHALL ARISE ONLY BY
AGREEMENT BETWEEN THE INSURED AND THE SECONDARY BENEFICIARY OR
ADDITIONAL COSTS PAYABLE BY THE INSURED UNDER SUBSECTION (E) OF
THIS SECTION MAY BE ALLOCATED BETWEEN THE INSURED AND A QUALIFIED
SECONDARY BENEFICIARY BY REASON OF HAVING BEEN THE INSURED'S
SPOUSE OR MAY BE REIMBURSED IN FULL TO THE INSURED BY SUCH
QUALIFIED SECONDARY BENEFICIARY BY AGREEMENT BETWEEN THE PARTIES
OR, AS EQUITY MAY REQUIRE, BY ORDER OF THE COURT UNDER TITLE 10,
TITLE 11, OR TITLE 12 OF THE FAMILY LAW ARTICLE AT THE TIME OF
THE APPLICABLE CHANGE IN STATUS OR THEREAFTER.

(I) THE COMMISSIONER SHALL:

(1)  PUBLISH AT LEAST ONCE ANNUALLY IN THE MARYLAND
REGISTER AND IN A NEWSPAPER OF GENERAL CIRCULATION IN EACH OF THE
COUNTIES OF THE STATE AND BALTIMORE CITY NOTICE APPRISING THE
PUBLIC OF THE COVERAGE REQUIRED UNDER THIS SECTION;

(2)  BY REGULATION PRESCRIBE THE FORM AND CONTENT OF
THE TERMINATION STATEMENT; AND

(3)  MAKE TERMINATION STATEMENT FORMS AVAILABLE TO
EVERY EMPLOYER WHOSE EMPLOYEES EMPLOYEES ARE COVERED BY A GROUP
CONTRACT.