Ch. 35

1997 LAWS OF MARYLAND

(1) CONFORM WITH THE FEDERAL OMNIBUS BUDGET RECONCILIATION
ACT OF 1990 AND THE MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS
MODEL ACT AND ANY REGULATIONS UNDER THE MODEL ACT ADOPTED BY THE
NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS; AND

(2) COMPLY WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 468C(b)(4).

In item (1) of this section, the specific title "Medicare Supplement Insurance
Minimum Standards Model Act" is substituted for the former general
reference to the "Model Act" to specify the name of the Model Act to which
this section refers.

Also in item (1) of this section, the former parenthetical reference to "Pub. L.
101-508", which further described the federal Omnibus Budget Reconciliation
Act of 1990, is deleted to conform with the style of citing federal statutes in
other revised articles of the Code.

Defined terms: "Commissioner" § 1-101

"Medicare supplement policy" § 15-901

15-909. POLICY PROVISIONS; POLICY REPLACEMENT; CANCELLATION,
NONRENEWAL, OR TERMINATION OF POLICIES.

(A) EFFECT OF SECTION.

THIS SECTION DOES NOT EXTEND THE NUMBER OF DAYS OF HOSPITALIZATION
OFFERED UNDER § 15-906(A)(3) OF THIS SUBTITLE TO THE EXTENT THOSE DAYS OF
HOSPITALIZATION HAVE BEEN USED UNDER THE ORIGINAL MEDICARE
SUPPLEMENT POLICY.

(B) OPEN ENROLLMENT PERIOD.

(1) IF AN APPLICATION FOR A MEDICARE SUPPLEMENT POLICY OR
CERTIFICATE IS SUBMITTED DURING THE 6-MONTH PERIOD BEGINNING WITH THE
FIRST MONTH IN WHICH AN INDIVIDUAL WHO IS AT LEAST 65 YEARS OLD FIRST
ENROLLS FOR BENEFITS UNDER MEDICARE PART B, A CARRIER:

(I) MAY NOT DENY OR CONDITION THE ISSUANCE OR
EFFECTIVENESS OF THE MEDICARE SUPPLEMENT POLICY OR CERTIFICATE OR
DISCRIMINATE IN THE PRICING OF THE MEDICARE SUPPLEMENT POLICY OR
CERTIFICATE BECAUSE OF THE HEALTH STATUS, CLAIMS EXPERIENCE, RECEIPT OF
HEALTH CARE, OR MEDICAL CONDITION OF THE APPLICANT; OR

(II) MAY NOT DENY, REDUCE, OR CONDITION COVERAGE OR
APPLY AN INCREASED PREMIUM RATING TO AN APPLICANT FOR A MEDICARE
SUPPLEMENT POLICY BECAUSE OF THE HEALTH STATUS, CLAIMS EXPERIENCE, OR
MEDICAL CONDITION OF THE APPLICANT OR THE USE OF MEDICAL CARE BY THE
APPLICANT.

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