VETOES
Subsection (c), which was intended to prohibit a company already
offering coverage for TMJ from terminating that coverage, is
worded in such a way as to provide two valid interpretations.
Under one interpretation, if the company has one policy which
provides some type of treatment for TMJ prior to April 1, 1988,
then that policy cannot be changed. Under the other
interpretation, if a company has one policy which provides some
type of treatment for TMJ prior to April 1, 1988, then all of
that company's policies must have that coverage.
For these reasons, it would not be responsible to sign a bill
that includes these serious interpretative problems, especially
if litigation is likely. Consequently, I have today vetoed House
Bill 1278.
Sincerely,
William Donald Schaefer
Governor
House Bill No. 1278
AN ACT concerning
Health Insurance - Reimbursement for Health Services
FOR the purpose of requiring any group or individual health
insurance contract or policy issued by an insurer or a
nonprofit health service plan that provides coverage for any
treatment, diagnostic, diagnostic or surgical procedure
involving any bone or joint of the skeletal structure to
provide the same coverage for the same treatment,
diagnostic, diagnostic or surgical procedure involving any
bone or joint of the face, neck, or head under certain
circumstances; providing for an exception; providing for a
certain coverage under certain policies; and generally
relating to health insurance coverage for procedures
involving the bones of the face, neck, or head.
BY adding to
Article 48A - Insurance Code
Section 490J
Annotated Code of Maryland
(1986 Replacement Volume and 1987 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 48A - Insurance Code
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