PARRIS N. GLENDENING, Governor

Ch. 294

(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.

15-1405.

AN INDIVIDUAL SHALL ESTABLISH THE INDIVIDUAL'S PERIOD OF CREDITABLE
COVERAGE BY PRESENTING THE CERTIFICATE DESCRIBED IN § 15-1403 OF THIS
SUBTITLE.

15-1406.

(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:

(1) REQUIRE A CARRIER TO PROVIDE PARTICULAR BENEFITS OTHER
THAN THOSE PROVIDED UNDER THE TERMS OF THE PARTICULAR HEALTH BENEFIT
PLAN; OR

(2) PREVENT A CARRIER FROM ESTABLISHING LIMITATIONS OR
RESTRICTIONS ON THE AMOUNT, LEVEL EXTENT, OR NATURE OF THE BENEFITS OR
COVERAGE FOR SIMILARLY SITUATED INDIVIDUALS ENROLLED IN THE HEALTH
BENEFIT PLAN.

(C) RULES FOR ELIGIBILITY TO ENROLL UNDER A PLAN INCLUDES RULES
DEFINING ANY APPLICABLE WAITING PERIODS FOR ENROLLMENT.

(D) A CARRIER SHALL ALLOW AN EMPLOYEE OR DEPENDENT WHO IS
ELIGIBLE, BUT NOT ENROLLED, FOR COVERAGE UNDER THE TERMS OF A GROUP
HEALTH BENEFITS PLAN TO ENROLL FOR COVERAGE UNDER THE TERMS OF THE
PLAN IF:

(1) THE EMPLOYEE OR DEPENDENT WAS COVERED UNDER AN
EMPLOYER-SPONSORED PLAN OR GROUP HEALTH BENEFITS PLAN AT THE TIME
COVERAGE WAS PREVIOUSLY OFFERED TO THE EMPLOYEE OR DEPENDENT;

(2) THE EMPLOYEE STATES IN WRITING. AT THE TIME COVERAGE WAS
PREVIOUSLY OFFERED. THAT COVERAGE UNDER AN EMPLOYER-SPONSORED PLAN

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