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PARRIS N. GLENDENING, Governor Ch. 15
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(d) [For] EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, FOR a
period not to exceed 6 months after the date an individual becomes an eligible
employee, a health benefit plan may require deductibles and cost-sharing for benefits
for a preexisting condition of the eligible employee in amounts not exceeding 1.5 times
the amount of the standard deductibles and cost-sharing of other eligible employees if:
(1) the employee was not previously covered by a public or private plan of
health insurance or another health benefit arrangement; and
(2) the employee was not previously employed by that employer.
(E) SUBSECTIONS (C) AND (D) OF THIS SECTION DO NOT APPLY TO AN
INDIVIDUAL OR A FAMILY MEMBER OF AN INDIVIDUAL WHO IS ELIGIBLE FOR
ENROLLMENT IN THE MCHP PRIVATE OPTION PLAN ESTABLISHED UNDER 15-301.1
OF THE HEALTH - GENERAL ARTICLE AND IS A LATE ENROLLEE.
15-1213.
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(a) This section does not apply to any insurance enumerated in §
15-1201(f)(3)(i) through (xiii) of this subtitle.
(b) Each benefit offered in addition to the Standard Plan that increases access
to care choices or lowers the cost-sharing arrangement in the Standard Plan is subject
to all of the provisions of this subtitle applicable to the Standard Plan, including:
(1) guaranteed issuance;
(2) guaranteed renewal;
(3) adjusted community rating; and
(4) the prohibition on preexisting condition limitations.
(c) (1) Each benefit offered in addition to the Standard Plan that increases
the type of services available or the frequency of services is not subject to guaranteed
issuance but is subject to all other provisions of this subtitle applicable to the Standard
Plan, including:
(i) guaranteed renewal;
(ii) adjusted community rating; and
(iii) the prohibition on preexisting condition limitations.
(2) For each additional benefit offered under this subsection, a carrier
shall accept or reject the application of the entire group.
(3) The Commissioner may prohibit a carrier from offering an additional
benefit under this subsection if the Commissioner finds that the additional benefit will
be sold in conjunction with the Standard Plan in a manner designed to promote risk
selection or underwriting practices otherwise prohibited by this subtitle.
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