HARRY HUGHES, Governor                                       3769

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 OF
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 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 ARE COVERED BY A GROUP CONTRACT.

(J) NOTHING IN THIS SECTION SHALL AFFECT OR IN ANY WAY
LIMIT A QUALIFIED SECONDARY BENEFICIARY'S RIGHT TO CONVERSION
PRIVILEGES UNDER A GROUP CONTRACT.

Article - Health - General

19-703.

(D) HEALTH MAINTENANCE ORGANIZATIONS SHALL PROVIDE COVERAGE
REQUIRED UNDER ARTICLE 48A, § 490G OF THE CODE.