PARRIS N. GLENDENING, Governor                             Ch. 647

Article 48A - Insurance Code

356

(a) No corporation subject to the provisions of this subtitle shall amend its certificate
of incorporation, its bylaws, the terms and provisions of contracts executed or to be executed
with hospitals, physicians, chiropodists, chiropractors, pharmacists, dentists, psychologists, or
optometrists, and the terms and provisions of contracts issued, or proposed to be issued, to
subscribers of the plan, until such proposed amendments have been first submitted to, and
approved by, the Insurance Commissioner, and payment made of the fees provided for by § 41
of this article; nor shall any change be made in the table of rates charged, or proposed to be
charged to subscribers for any form of contract issued or to be issued for hospital, medical,
chiropodial chiropractic, pharmaceutical, dental psychological or optometric care until such
proposed change has been submitted to, and approved by, the Insurance Commissioner. Each
amendment shall be on file for a waiting period of 60 [working] days before it becomes
effective. When in the Commissioner's opinion an amendment is not accompanied by the
information needed to support it and the Commissioner does not have sufficient information to
determine whether the filing meets the requirements of this section, the nonprofit health service
plan shall be required to furnish the needed information and in this event the waiting period
shall be suspended and shall recommence as of the date the information is furnished. Upon
written application by the nonprofit health service plan, the Commissioner may authorize an
amendment which he has reviewed to become effective before the expiration of the waiting
period or any extension thereof or at any later date. A filing shall be deemed approved unless
disapproved by the Commissioner within the waiting period or any extension thereof. The
Commissioner shall disapprove or modify the proposed change or changes if the table of rates
appears by statistical analyst and reasonable assumptions to be excessive in relation to
benefits, or if the form contains provisions which are unjust, unfair, inequitable, inadequate,
misleading, deceptive or encourage misrepresentations of the coverage. In determining whether
to disapprove or modify the form or table of rates, the Commissioner shall give due
consideration to past and prospective loss experience within and outside this State to
underwriting practice and judgment to the extent appropriate, to a reasonable margin for
reserve needs, to past and prospective expenses both countrywide and those specifically
applicable to this State and to all other relevant factors within and outside this State.

Upon the adoption of any such amendment or change, following its approval by the
Insurance Commissioner, such corporation shall file a copy thereof with the Insurance
Commissioner, duly certified to by at least two (2) of the executive officers of such corporation.

376.

(a) (1) The Commissioner shall disapprove any form filed under § 375 of this
subtitle or withdraw any previous approval if the forms do not meet the requirements of
subsection (b) of this section. Furthermore the Commissioner may set forth reasonable rules
and regulations consistent with the requirements of subsection (c) of this section in order to
establish minimum benefits and coverages as may be required.

(2) IF THE COMMISSIONER UNDER PARAGRAPH (1) OF THIS SUBSECTION,
DISAPPROVES OR WITHDRAWS APPROVAL OF A FORM, THE COMMISSIONER SHALL
PROVIDE THE FILER OF THE FORM WITH:

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