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Session Laws, 1997
Volume 795, Page 1017   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 35

EACH CERTIFICATE ISSUED TO AN INSURED UNDER A GROUP CONTRACT
SHALL INCLUDE A STATEMENT, IN A MANNER AND FORM APPROVED BY THE
COMMISSIONER, THAT ADVISES THE INSURED OF THE FOLLOWING:

(1) THE AVAILABILITY OF CONTINUATION COVERAGE UNDER THIS

SECTION;

(2) A SUMMARY OF THE ELIGIBILITY FOR AND DURATION OF THE
CONTINUATION COVERAGE; AND

(3) THE PROCEDURE FOR MAKING AN ELECTION TO RECEIVE
CONTINUATION COVERAGE IF THE INSURED DIES.

(G) DUTIES OF COMMISSIONER.
THE COMMISSIONER SHALL:

(1) PUBLISH AT LEAST ANNUALLY IN THE MARYLAND REGISTER AND
IN A NEWSPAPER OF GENERAL CIRCULATION IN EACH COUNTY NOTICE THAT
DESCRIBES THE CONTINUATION COVERAGE REQUIRED UNDER THIS SECTION;

(2) PRESCRIBE BY REGULATION THE FORM AND CONTENT OF THE
ELECTION NOTIFICATION FORM; AND

(3) MAKE ELECTION NOTIFICATION FORMS AVAILABLE TO EACH
EMPLOYER WHOSE EMPLOYEES ARE COVERED BY A GROUP CONTRACT.

(H) NOTICE OF CONTINUATION COVERAGE.

NOTICE OF THE AVAILABILITY OF CONTINUATION COVERAGE UNDER THIS
SECTION SHALL BE PROVIDED BY:

(1) THE SECRETARY OF HEALTH AND MENTAL HYGIENE AS SPECIFIED
IN § 4-217 OF THE HEALTH - GENERAL ARTICLE; AND

(2) LICENSED FUNERAL DIRECTORS AS SPECIFIED IN § 7-407 OF THE
HEALTH OCCUPATIONS ARTICLE.

(I) FAILURE OF EMPLOYER TO PROVIDE NOTICE OR ELECTION
NOTIFICATION FORM.

AN EMPLOYER THAT FAILS TO PROVIDE NOTICE OR AN ELECTION
NOTIFICATION FORM UNDER THIS SECTION IS NOT LIABLE TO A QUALIFIED
SECONDARY BENEFICIARY OR THE INSURED FOR BENEFITS THAT OTHERWISE
WOULD HAVE BEEN PAYABLE OR FOR OTHER DAMAGES THAT RESULT FROM THE
FAILURE TO PROVIDE THE NOTICE OR FORM.

(J) LIABILITY FOR TERMINATION OF COVERAGE.

AN EMPLOYER THAT TERMINATES CONTINUATION COVERAGE AFTER NOTICE
OR NONPAYMENT OF AN AMOUNT REQUIRED UNDER SUBSECTION (D)(2) OF THIS
SECTION BY A QUALIFIED SECONDARY BENEFICIARY, OR AN INSURER THAT
TERMINATES CONTINUATION COVERAGE AFTER NOTICE BY THE EMPLOYER, IS NOT

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Session Laws, 1997
Volume 795, Page 1017   View pdf image
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