Ch. 348

1996 LAWS OF MARYLAND

(III)) ANY CONTRACTUAL OR VOLUNTARY WAGE CONTINUATION
PLAN INTENDED TO PROVIDE WAGES DURING A PERIOD OF DISABILITY;

(IV)   THE MEDICAID PROGRAM OF TITLE XIX OF THE SOCIAL
SECURITY ACT;

(V)    THE MEDICARE PROGRAM;

(VI)   A POLICY PROVIDING BENEFITS UNDER § 539 OF THIS ARTICLE;
AND

(VI) ANY OTHER HEALTH, SICKNESS, ACCIDENT OR INCOME
DISABILITY INSURANCE AVAILABLE TO THE CLAIMANT, WHETHER PURCHASED BY
THE CLAIMANT OR PROVIDED BY OTHERS.

(2)     BENEFITS PAYABLE UNDER THE COVERAGES DESCRIBED UNDER §
539 OF THIS SUBTITLE SHALL BE REDUCED TO THE EXTENT THAT THE RECIPIENT
HAS RECOVERED BENEFITS UNDER WORKERS' COMPENSATION LAWS OF ANY STATE
OR THE FEDERAL GOVERNMENT.

(3)     IF A PERSON UNDER PARAGRAPH (1)(I) THROUGH (VII) OF THIS
SUBSECTION HAS PAID BENEFITS TO AN INDIVIDUAL AND THAT PERSON HAS A
RIGHT OF SUBROGATION, THE PERSON PAYING SUCH BENEFITS SHALL HAVE A
DIRECT CAUSE OF ACTION AGAINST ANY INSURER WHO HAS PAID BENEFITS, OR IS
LIABLE FOR BENEFITS UNDER § 541 OF THIS SUBTITLE.

(4)     THIS SUBSECTION MAY NOT BE CONSTRUED TO LIMIT ANY
RECOVERY BY AN INDIVIDUAL FOR NONECONOMIC DAMAGES AGAINST ANY
PERSON.

(e) Nothing herein shall prohibit a nonprofit health service plan or an authorized
insurer, with the approval of the Commissioner, from providing medical, hospital, and
disability benefits in connection with motor vehicle accidents.

544.

(a) All payments of benefits described under § 539 of this subtitle shall be made
periodically as the claims therefor arise and within 30 days after satisfactory proof thereof
is received by the insurer subject to the following limitations;

(1) The coverages described in § 539 of this subtitle may prescribe a period
of not less than 12 months after the date of accident within which the original claim for
benefits must be presented to the insurer.

(2) The coverages described in § 539 of this subtitle may provide that in any
instance where a lapse occurs in the period of total disability or in the medical treatment
of an injured person who has received benefits under such coverage or coverages and such
person subsequently claims additional benefits based upon an alleged recurrence of the
injury for which the original claim for benefits was made, the insurer may require
reasonable medical proof of such alleged recurrence; provided, that in no event shall the
aggregate benefits payable to any person exceed the maximum limits prescribed in the
policy.

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