PARRIS N. GLENDENING, Governor Ch. 348
6. That an insurer may not refuse to underwrite a person
because the person refuses to waive the coverage and benefits described under this
section; and
7. That a waiver made under this subsection must be an
affirmative, written waiver.
(3) Failure of the first named insured to make an affirmative written waiver
under paragraph (1) of this subsection requires an insurer to provide all the coverages
and benefits described under subsections (b) and (c) of this section.
(4) A waiver made under this subsection by persons continuously insured by
the Maryland Automobile Insurance Fund shall be construed to bo effective until
withdrawn in writing.]
[(g)] (F) (1) An insurer may not refuse to underwrite a person because the
person refuses to waive the coverage and benefits described under this section.
(2) A violation of this subsection is subject to the penalties provided under
§§ 55 and 55A of this article.
(G) (1) IN THIS SUBSECTION, "MANAGED CARE OPTION" MEANS AN OFFER
BY AN INSURER TO PROVIDE THE BENEFITS REQUIRED UNDER THIS SECTION
THROUGH MANAGED CARE ARRANGEMENTS SUCH AS A HEALTH MAINTENANCE
ORGANIZATION (HMO) OR A PREFERRED PROVIDER ORGANIZATION (PPO).
(2) (I) A MANAGED CARE OPTION:
1.MAY BE MADE AVAILABLE BY ANY INSURER REQUIRED
TO OFFER BENEFITS UNDER THIS SECTION; AND
2. BEGINNING ON JANUARY 1, 1997, SHALL BE MADE BY THE
MARYLAND AUTOMOBILE INSURANCE FUND, AND EVERY MAJOR INSURER AS
DEFINED UNDER § 245 OF THIS ARTICLE.
(II) THE REQUIREMENT UNDER SUB-SUBPARAGRAPH (2)(I)2 OF
THIS PARAGRAPH SHALL APPLY ONLY WITH RESPECT TO THE MEDICAL, HOSPITAL
AND DISABILITY BENEFITS UNDER THIS SECTION APPLICABLE TO SOFT TISSUE
INJURIES.
(3) (I) A MANAGED CARE OPTION MAY INCLUDE CONDITIONS AND
LIMITATIONS TO COVERAGE, INCLUDING, BUT NOT LIMITED TO, DEDUCTIBLES AND
COINSURANCE REQUIREMENTS, AS APPROVED BY THE COMMISSIONER. THE
COMMISSIONER SHALL APPROVE ANY CONDITIONS AND LIMITATIONS IMPOSED BY
AN INSURER UNDER THIS PARAGRAPH UNLESS A FINDING IS MADE BY THE
COMMISSIONER THAT THE CONDITIONS AND LIMITATIONS ARE UNREASONABLE
WHEN COMPARED WITH BENEFITS PROVIDED.
(II) AN INSURER MAY OFFER, AND PROVIDE AT THE OPTION OF
THE NAMED INSURED, DEDUCTIBLE, COST-SHARING, OR COINSURANCE
ARRANGEMENTS WHEREBY THE RECIPIENT OF CARE, TREATMENT, SERVICES,
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