PARRIS N. GLENDENING, Governor

Ch. 294

(2) THE ENTITY MAY CHARGE THE REQUESTING PLAN FOR THE
REASONABLE COST OF DISCLOSING THE INFORMATION.

767.

(A) IN DETERMINING A PERIOD OF CREDITABLE COVERAGE, ANY PERIOD
THAT AN INDIVIDUAL IS IN A WAITING PERIOD FOR ANY COVERAGE UNDER A
GROUP HEALTH BENEFIT PLAN OR AN AFFILIATION PERIOD MAY NOT BE TAKEN
INTO ACCOUNT IN DETERMINING ANY PERIOD OF CONTINUOUS CREDITABLE
COVERAGE

(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, A CARRIER
SHALL COUNT A PERIOD OF CREDITABLE COVERAGE WITHOUT REGARD TO THE
SPECIFIC BENEFITS COVERED DURING THE PERIOD.

(C) (1) A CARRIER MAY ELECT TO REDUCE THE PERIOD OF ANY
PREEXISTING CONDITION PROVISION BASED ON COVERAGE OF BENEFITS WITHIN
ANY CLASS OR CATEGORY OF BENEFITS SPECIFIED BY THE SECRETARY BY
REGULATION.

(2) ANY ELECTION MADE UNDER THIS SECTION SHALL BE MADE ON A
UNIFORM BASIS FOR ALL COVERED INDIVIDUALS.

(3) A CARRIER THAT MAKES AN ELECTION UNDER THIS SECTION SHALL
COUNT A PERIOD OF CREDITABLE COVERAGE WITH RESPECT TO ANY CLASS OR
CATEGORY OF BENEFITS IF ANY LEVEL OF BENEFITS IS COVERED WITHIN THAT
CLASS OR CATEGORY.

(D) A CARRIER THAT MAKES AN ELECTION UNDER SUBSECTION (C) OF THIS
SECTION SHALL:

(1) PROMINENTLY STATE IN ANY DISCLOSURE STATEMENTS
CONCERNING THE COVERAGE, AND TO EACH EMPLOYER AT THE TIME OF THE
OFFER OR SALE OF THE COVERAGE, THAT THE CARRIER HAS MADE THIS ELECTION;
AND

(2) INCLUDE IN THE STATEMENT A DESCRIPTION OF THE EFFECT OF
THE ELECTION ON THE MEMBER OR SUBSCRIBER.

768.

AN INDIVIDUAL SHALL ESTABLISH THE INDIVIDUAL'S PERIOD OF CREDITABLE
COVERAGE BY PRESENTING THE CERTIFICATE DESCRIBED IN § 766 OF THIS
SUBTITLE.

769.

(A) A CARRIER MAY NOT ESTABLISH RULES FOR ELIGIBILITY OF AN
INDIVIDUAL TO ENROLL UNDER A GROUP HEALTH BENEFITS PLAN BASED ON ANY
HEALTH STATUS-RELATED FACTOR.

(B) SUBSECTION (A) OF THIS SECTION DOES NOT:

- 2159 -