WILLIAM DONALD SCHAEFER, Governor                         Ch. 392

breast implant removals and certain breast implant-related conditions under certain
circumstances; requiring certain health insurers to provide information to
subscribers and policyholders when certain coverage is denied under certain
circumstances; requiring the Commissioner to make certain information available
under certain circumstances; requiring the Commissioner to adopt certain
regulations; defining certain terms; and generally relating to requiring certain
health insurers to provide certain information related to the coverage of breast
implant removals and breast implant-related conditions.

BY adding to

Article 48A - Insurance Code

Section 490R

Annotated Code of Maryland

(1991 Replacement Volume and 1992 Supplement)

BY adding to

Article - Health - General

Section 19-706(h)

Annotated Code of Maryland

(1990 Replacement Volume and 1992 Supplement)

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

Article 48A - Insurance Code

490R.

(A)     (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2)      "BREAST IMPLANT" MEANS A SURGICALLY INSERTED POCKET OR
ENVELOPE UNDER THE SKIN THAT CONSISTS OF SOFT SILICONE GEL OR SALINE
SOLUTION OR A COMBINATION OF SOFT SILICONE GEL AND SALINE SOLUTION.

(3)      "BREAST IMPLANT-RELATED CONDITION" MEANS A CONDITION
RECOGNIZED BY THE U.S. FOOD AND DRUG ADMINISTRATION AS POSSIBLY LINKED
TO ARTIFICIAL BREAST IMPLANTS.

(B)     AN INSURER OR NONPROFIT HEALTH SERVICE PLAN THAT PROVIDES
HOSPITAL, MEDICAL, OR SURGICAL BENEFITS FOR ISSUANCE OR DELIVERY IN THE
STATE TO ANY GROUP OR INDIVIDUAL ON AN EXPENSE-INCURRED BASIS,
INCLUDING A HEALTH MAINTENANCE ORGANIZATION, SHALL GIVE NOTICE TO THE
SUBSCRIBER OR POLICYHOLDER ANNUALLY AT THE TIME OF POLICY RENEWAL
THAT THE SUBSCRIBER OR POLICYHOLDER MAY REQUEST INFORMATION
CONCERNING THE INSURER'S OR THE NONPROFIT HEALTH SERVICE PLAN'S
COMMISSIONER REGARDING THE INSURER'S, THE NONPROFIT HEALTH SERVICE
PLAN'S, OR THE HEALTH MAINTENANCE ORGANIZATION'S:

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