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Session Laws, 1997
Volume 795, Page 1061   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 35

(I) 1. IS ISSUED OR DELIVERED IN THE STATE;

2. IS ISSUED TO A GROUP THAT IS INCORPORATED OR HAS A
MAIN OFFICE IN THE STATE; OR

3. COVERS INDIVIDUALS WHO RESIDE OR WORK IN THE

STATE;

(II) IS ISSUED, RENEWED, AMENDED, OR REISSUED ON OR AFTER
JULY 1, 1979; AND

(III) IF ISSUED BY AN INSURER, IS WRITTEN ON AN
EXPENSE-INCURRED BASIS.

(2) NOTWITHSTANDING ANY OTHER PROVISION OF A POLICY,
CONTRACT, OR CERTIFICATE SUBJECT TO THIS SUBSECTION, IF THE POLICY,
CONTRACT, OR CERTIFICATE PROVIDES FOR REIMBURSEMENT FOR A SERVICE
THAT IS WITHIN THE LAWFUL SCOPE OF PRACTICE OF A NURSE MIDWIFE, THE
INSURED OR ANY OTHER PERSON COVERED BY THE POLICY, CONTRACT, OR
CERTIFICATE IS ENTITLED TO REIMBURSEMENT FOR THE SERVICE REGARDLESS OF
WHETHER THE SERVICE IS PERFORMED BY A PHYSICIAN OR NURSE MIDWIFE.

(E) EMPLOYMENT BY PHYSICIAN NOT REQUIRED.

A POLICY THAT PROVIDES BENEFITS UNDER THIS SECTION FOR SERVICES
RENDERED BY A NURSE MIDWIFE MAY NOT REQUIRE, AS A CONDITION FOR THE
PAYMENT OF BENEFITS, THAT THE NURSE MIDWIFE BE EMPLOYED BY A PHYSICIAN
OR ACT UNDER A PHYSICIAN'S ORDERS.

(F) UTILIZATION OF BENEFITS SUBJECT TO PEER REVIEW.

THE UTILIZATION OF HEALTH INSURANCE BENEFITS PROVIDED UNDER THIS
SECTION FOR SERVICES RENDERED BY A NURSE MIDWIFE IS SUBJECT TO REVIEW
BY A PEER REVIEW COMMITTEE APPOINTED BY THE STATE BOARD OF NURSING.

REVISOR'S NOTE; This section is new language derived without substantive
change from former Art. 48A, §§ 354N, 470M, 477R, and 490A-2.

In subsections (b) and (c) of this section, the former phrases "[a]fter July 1,
1979" are deleted as obsolete.

Also in subsections (b) and (c) of this section, the former references to
"modify[ing]" or "altering]" a policy are deleted as included in the references
to "amend[ing]" a policy.

Also in subsections (b) and (c) of this section, the former references to "care"
and "treatment" rendered by a nurse midwife are deleted as included in the
references to "services".

In subsection (b) of this section, the reference to an "individual, group, or
blanket" health insurance policy is added for clarity. Consequently, the former
references to a "health" insurer and a "group or blanket health" insurer are
deleted as unnecessary in light of the reference to insurers that issue, renew,

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Session Laws, 1997
Volume 795, Page 1061   View pdf image
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