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Session Laws, 1994
Volume 773, Page 1278   View pdf image
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Ch. 113                                        1994 LAWS OF MARYLAND

DEPARTMENT OF HEALTH AND MENTAL HYGIENE TO APPLY FOR THE ENROLLMENT ON
BEHALF OF THE CHILD AND INCLUDE THE CHILD IN THAT COVERAGE UNDER THE
ENROLLMENT REGARDLESS OF ENROLLMENT PERIOD RESTRICTIONS; AND

(3) MAY NOT DISENROLL OR ELIMINATE HEALTH INSURANCE COVERAGE
FOR THE CHILD IN ANY MANNER UNLESS WRITTEN EVIDENCE IS PROVIDED TO THE
INSURER THAT:

(I) THE ORDER IS NO LONGER IN EFFECT;

(II) THE CHILD HAS BEEN OR WILL BE ENROLLED UNDER OTHER
REASONABLE HEALTH INSURANCE COVERAGE WHICH WILL TAKE EFFECT NOT LATER
THAN THE EFFECTIVE DATE OF THE DISENROLLMENT;

(III)    THE EMPLOYER HAS ELIMINATED FAMILY HEALTH COVERAGE
FOR ALL OF ITS EMPLOYEES; OR

(IV)     THE EMPLOYER NO LONGER EMPLOYS THE PARENT UNDER
WHOSE NAME THE CHILD HAS BEEN ENROLLED FOR COVERAGE EXCEPT TO THE
EXTENT THAT IF THE PARENT ELECTS TO EXERCISE THE PROVISIONS OF THE
CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1985 (COBRA) THEN
COVERAGE MUST BE PROVIDED FOR THE CHILD CONSISTENT WITH THE EMPLOYER'S
PLAN RELATING TO POSTEMPLOYMENT MEDICAL COVERAGE FOR DEPENDENTS.

(D) FOR A CHILD WHO HAS HEALTH INSURANCE COVERAGE THROUGH A HEALTH
INSURER OF AN INSURING PARENT, THE INSURER SHALL:

(1) PROVIDE MEMBERSHIP CARDS TO THE NONINSURING PARENT;

(2) PROVIDE THE CLAIMS FORMS TO THE NONINSURING PARENT;

(3) PROVIDE TO THE NONINSURING PARENT ANY OTHER INFORMATION
NECESSARY FOR THE CHILD TO OBTAIN BENEFITS THROUGH THE INSURANCE
COVERAGE; AND                             

(4) PROCESS THE CLAIMS FORMS AND MAKE APPROPRIATE PAYMENT TO
THE NONINSURING PARENT, THE HEALTH CARE PROVIDER, OR THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE WHEN THE NONINSURING PARENT HAS INCURRED
EXPENSES RELATING TO THE HEALTH CARE PROVIDED TO THE CHILD.

490X.

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

(2) "INSURER" MEANS:

(I) A COMMERCIAL INSURER, A NONPROFIT HEALTH SERVICE
ORGANIZATION, OR A HEALTH MAINTENANCE ORGANIZATION OPERATING IN THIS
STATE UNDER A CERTIFICATE OF AUTHORITY ISSUED BY THE MARYLAND INSURANCE
COMMISSIONER;

- 1278 -

 

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Session Laws, 1994
Volume 773, Page 1278   View pdf image
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