PARRIS N. GLENDENING, Governor

Ch. 35

"SUBSCRIBER" MEANS A PERSON COVERED FOR BENEFITS UNDER A
PREFERRED PROVIDER INSURANCE POLICY ISSUED BY A PERSON THAT IS NOT AN
INSURER.

REVISOR'S NOTE: This subsection is new language derived without substantive
change from former Art. 48A, § 655(j).

The reference to "a person covered for benefits under" a preferred provider
insurance policy is substituted for the former reference to a "participant in,
subscriber to, or beneficiary of a preferred provider insurance policy for
clarity and consistency with subsection (b) of this section.

Defined terms: "Insurer" § 1-101
"Person" § 1-101

"Preferred provider insurance policy" § 14-201
14-202. SCOPE OF SUBTITLE.

(A) IN GENERAL.

(1) THIS SUBTITLE APPLIES TO INSURERS THAT ISSUE OR DELIVER
INDIVIDUAL OR GROUP HEALTH INSURANCE POLICIES IN THE STATE.

(2) THE PROVISIONS OF THIS SUBTITLE THAT APPLY TO INSURERS ALSO
APPLY TO NONPROFIT HEALTH SERVICE PLANS THAT ISSUE OR DELIVER
INDIVIDUAL OR GROUP HEALTH INSURANCE POLICIES IN THE STATE.

(B) EMPLOYEE BENEFIT PLANS.

EXCEPT AS OTHERWISE PROVIDED IN § 14-206 OF THIS SUBTITLE, THIS
SUBTITLE DOES NOT APPLY TO AN EMPLOYEE BENEFIT PLAN TO THE EXTENT THAT
THE PLAN IS GOVERNED BY THE EMPLOYEE RETIREMENT INCOME SECURITY ACT

OF 1974 (ERISA).

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, §§ 660 and 655(c).

Former Art. 48A, § 655(c), revised in subsection (a) of this section, defined an
"[i]nsurer" as any "for profit, nonprofit, or mutual insurer or health service
plan" that issues or delivers an individual or group health insurance policy in
the State "under Subtitles 20, 25, or 26 of this article". Although former Art.
48A, § 655(c) was a definition of "[i]nsurer", it served only to delimit the
scope of this subtitle. It is revised as a scope provision to clarify that function.
The Insurance Article Review Committee notes this change for the
consideration of the General Assembly. No substantive change is intended.

In subsection (a)(1) of this section, the former reference to a "profit,
nonprofit, or mutual" insurer is deleted as implicit in the general reference to
"insurers".

Also in subsection (a)(1) of this section, the former cross-reference to
"Subtitles 20, 25, or 26 of this article" is deleted as surplusage.

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