Ch. 35

1997 LAWS OF MARYLAND

not provide benefits on an expense-incurred basis.

In the introductory language of subsection (c) of this section, the reference to
"provid[ing] information" to the Commissioner is substituted for the former
reference to "giv[ing] notice" to the Commissioner for clarity and consistency
within this section.

In subsection (c)(2) of this section, the reference to preexisting condition
"provisions in" policies is added for clarity.

In subsection (d)(2) of this section, the reference to a statement that "the
Commissioner does not guarantee" the accuracy of the information is
substituted for the former reference to a statement that "the provision of this
information by the Commissioner does not mean that the Commissioner
guarantees" the accuracy of the information for brevity.

Also in subsection (d)(2) of this section, the former reference to a "notice" is
deleted as unnecessary in light of the reference to a "statement".

In subsection (f) of this section, the former reference to the Commissioner
adopting "necessary" regulations is deleted as implicit in light of the
Commissioner's discretion in adopting regulations.

Also in subsection (f) of this section, the former reference to information
required "by the Commissioner" is deleted as unnecessary in light of the
reference to information required "under subsection (c) of this section".

Defined terms: "Commissioner" § 1-101
"Health insurance" § 1-101
"Insurer" § 1-101
"Policy" § 1-101

15-106. HOME MEDICAL EQUIPMENT.

(A) PAYMENT FOR RENTED EQUIPMENT.

(1) AN INSURER UNDER A CONTRACT THAT PROVIDES AN INDIVIDUAL
WITH HOME MEDICAL EQUIPMENT PURSUANT TO AN INDIVIDUAL, GROUP, OR
BLANKET HEALTH INSURANCE POLICY OR CERTIFICATE THAT IS DELIVERED OR
ISSUED FOR DELIVERY IN THE STATE AND THAT PROVIDES BENEFITS ON AN
EXPENSE-INCURRED BASIS:

(I) SHALL PAY THE HOME MEDICAL EQUIPMENT PROVIDER
DIRECTLY IF THE INSURED HAS EXECUTED AN ASSIGNMENT OF BENEFITS; AND

(II) SUBJECT TO THE COPAYMENT AND DEDUCTIBLE PROVISIONS
IN THE INSURANCE CONTRACT, MAY NOT REQUIRE THE HOME MEDICAL
EQUIPMENT PROVIDER TO ACCEPT LESS THAN THE AGREED MONTHLY RENTAL
AMOUNT FOR EACH MONTH IN WHICH BENEFITS ARE PAYABLE UNDER THE
INSURANCE CONTRACT.

(2) A NONPROFIT HEALTH SERVICE PLAN UNDER A CONTRACT THAT
PROVIDES A SUBSCRIBER WITH HOME MEDICAL EQUIPMENT PURSUANT TO A

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