WILLIAM DONALD SCHAEFER, Governor

Section 361F, 470S, and 477Y

Annotated Code of Maryland

(1986 Replacement Volume and 1988 Supplement)

BY adding to

Article 48A - Insurance Code

Section 490K

Annotated Code of Maryland

(1986 Replacement Volume and 1988 Supplement)

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

Article 48A - Insurance Code

361F.

(A) IN THIS SECTION, "INTENSIVE CARE POLICY" MEANS A HEALTH
INSURANCE POLICY THAT PROVIDES BENEFITS EXCLUSIVELY FOR TREATMENT
RECEIVED IN A SPECIFICALLY DESIGNATED FACILITY OF A HOSPITAL
THAT:

(1)  PROVIDES THE HIGHEST LEVEL OF CARE FOR THE
TREATMENT; AND

(2)  IS RESTRICTED TO PATIENTS WHO ARE PHYSICALLY,
CRITICALLY ILL OR INJURED.

(a) (B) Except as otherwise provided in this section, the
Insurance Commissioner, in accordance with regulations issued by
him, shall permit health insurance policies to contain
nonduplication provisions or provisions to coordinate the
coverage with other health insurance policies, including those of
nonprofit health service plans, and those of commercial group,
blanket, and individual policies, and with other established
programs under which the insured may make a claim.

(b) (C) Notwithstanding the provisions of subsection (a) of
this section or any other provision of this article, a nonprofit
health insurance policy or nonprofit health service plan may not
contain nonduplication provisions or provisions to coordinate
coverage with any individually underwritten and issued,
guaranteed renewable, specified disease policy, as defined in §
468H of this article, OR ANY INDIVIDUALLY UNDERWRITTEN AND
ISSUED, GUARANTEED RENEWABLE, LIMITED BENEFIT HOSPITAL INDEMNITY
POLICY OR INTENSIVE CARE POLICY, which [does] DO not provide
benefits on an expense-incurred basis.

470S.

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