Ch. 132                                        1996 LAWS OF MARYLAND

decision of the Commissioner, shall be subject to appeal by any party involved; said
hearings, proceedings, and appeal shall be in accordance with the provisions of § 40 of
this article.

234D.

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

(2)      "ABUSE" HAS THE MEANING STATED IN § 4-501 OF THE FAMILY LAW
ARTICLE.

(3)      "VICTIM OF DOMESTIC VIOLENCE" HAS THE MEANING STATED IN §
4-513 OF THE FAMILY LAW ARTICLE.

(3) "COHABITANT" MEANS A PERSON WHO HAS HAD A SEXUAL
RELATIONSHIP WITH AN INDIVIDUAL AND RESIDED WITH THE INDIVIDUAL FOR A
PERIOD OF AT LEAST 90 DAYS.

(4) "VICTIM OF DOMESTIC VIOLENCE" MEANS AN INDIVIDUAL WHO:

(I) HAS RECEIVED DELIBERATE SEVERE, AND DEMONSTRABLE
PHYSICAL INJURY FROM A CURRENT OR FORMER SPOUSE, OR A CURRENT OR FORMER
COHABITANT; OR

(II) IS IN FEAR OF IMMINENT DELIBERATE, SEVERE, AND
DEMONSTRABLE PHYSICAL INJURY FROM A CURRENT OR FORMER SPOUSE, OR A
CURRENT OR FORMER COHABITANT.

(B)     EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, IF AN INDIVIDUAL IS
OR MAY BE A VICTIM OF DOMESTIC VIOLENCE OR SUBJECT TO ABUSE, AN INSURER,
NONPROFIT HEALTH SERVICE PLAN, OR HEALTH MAINTENANCE ORGANIZATION
MAY NOT USE INFORMATION ABOUT ABUSE OR THE INDIVIDUAL'S STATUS AS A
VICTIM OF DOMESTIC VIOLENCE TO:

(1)      CANCEL, REFUSE TO UNDERWRITE OR RENEW, OR REFUSE TO ISSUE
A POLICY OF LIFE INSURANCE OR HEALTH INSURANCE OR A HEALTH BENEFITS

PLAN;

(2)      REFUSE TO PAY A CLAIM, CANCEL, OR OTHERWISE TERMINATE A
POLICY OF LIFE INSURANCE OR HEALTH INSURANCE OR A HEALTH BENEFITS PLAN;

(3)      INCREASE RATES FOR LIFE INSURANCE, HEALTH INSURANCE, OR A
HEALTH BENEFITS PLAN; OR

(4)      IN LIFE INSURANCE POLICIES AND HEALTH BENEFITS PLANS, ADD A
SURCHARGE, APPLY A RATING FACTOR OR USE ANY OTHER UNDERWRITING
PRACTICE THAT ADVERSELY TAKES INTO ACCOUNT THE INFORMATION.

(C) AN INSURER IS NOT SUBJECT TO CIVIL LIABILITY FOR ANY TORT CAUSE
OF ACTION ARISING FROM INJURY TO OR DEATH OF AN INDIVIDUAL FOR WHOM A

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