PARRIS N. GLENDENING, Governor

Ch. 35

(B) WAITING PERIOD; DEEMED APPROVAL; DISAPPROVAL OR
MODIFICATION.

(1)  (I) AN AMENDMENT MAY NOT TAKE EFFECT UNTIL 60 DAYS
AFTER IT IS FILED WITH THE COMMISSIONER.

(II) IF AN AMENDMENT IS NOT ACCOMPANIED BY THE
INFORMATION NEEDED TO SUPPORT IT AND THE COMMISSIONER DOES NOT HAVE
SUFFICIENT INFORMATION TO DETERMINE WHETHER THE FILING MEETS THE
REQUIREMENTS OF THIS SECTION, THE COMMISSIONER SHALL REQUIRE THE
NONPROFIT HEALTH SERVICE PLAN TO PROVIDE THE NEEDED INFORMATION.

(III) IF THE COMMISSIONER REQUIRES ADDITIONAL
INFORMATION, THE WAITING PERIOD UNDER THIS PARAGRAPH SHALL BEGIN
AGAIN ON THE DATE THE NEEDED INFORMATION IS PROVIDED.

(IV) ON WRITTEN APPLICATION BY THE NONPROFIT HEALTH
SERVICE PLAN, THE COMMISSIONER MAY AUTHORIZE AN AMENDMENT THAT THE
COMMISSIONER HAS REVIEWED TO BECOME EFFECTIVE BEFORE THE EXPIRATION
OF THE WAITING PERIOD OR ANY EXTENSION OF THE WAITING PERIOD OR AT A
LATER DATE.

(2) A FILING IS DEEMED APPROVED UNLESS DISAPPROVED BY THE
COMMISSIONER WITHIN THE WAITING PERIOD OR ANY EXTENSION OF THE WAITING
PERIOD.

(3) (I) THE COMMISSIONER SHALL DISAPPROVE OR MODIFY THE
PROPOSED CHANGE IF:

1. THE TABLE OF RATES APPEARS BY STATISTICAL
ANALYSIS AND REASONABLE ASSUMPTIONS TO BE EXCESSIVE IN RELATION TO
BENEFITS; OR

2. THE FORM CONTAINS PROVISIONS THAT ARE UNJUST,
UNFAIR, INEQUITABLE, INADEQUATE, MISLEADING, OR DECEPTIVE OR
ENCOURAGE MISREPRESENTATIONS OF THE COVERAGE.

(II) IN DETERMINING WHETHER TO DISAPPROVE OR MODIFY THE
FORM OR TABLE OF RATES, THE COMMISSIONER SHALL CONSIDER:

1. PAST AND PROSPECTIVE LOSS EXPERIENCE WITHIN AND

OUTSIDE THE STATE;

2. UNDERWRITING PRACTICE AND JUDGMENT TO THE
EXTENT APPROPRIATE;

3. A REASONABLE MARGIN FOR RESERVE NEEDS;

4. PAST AND PROSPECTIVE EXPENSES, BOTH COUNTRYWIDE
AND THOSE SPECIFICALLY APPLICABLE TO THE STATE; AND

5. ANY OTHER RELEVANT FACTORS WITHIN AND OUTSIDE

THE STATE.

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