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Ch. 16
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2000 LAWS OF MARYLAND
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(b) (1) This subsection does not apply to a late enrollee if:
(i) the individual requests enrollment within 30 days after
becoming an eligible employee;
(ii) a court has ordered coverage to be provided for a spouse or
minor child under a covered employee's health benefit plan; [or]
(iii) a request for enrollment is made within 30 days after the
eligible employee's marriage or the birth or adoption of a child; OR
(IV) THE INDIVIDUAL OR A FAMILY MEMBER OF THE INDIVIDUAL
WHO IS ELIGIBLE FOR ENROLLMENT UNDER § 15-301.1 OF THE HEALTH - GENERAL
ARTICLE REQUESTS ENROLLMENT WITHIN 30 DAYS AFTER BECOMING ELIGIBLE.
(2) Notwithstanding subsection (a) of this section, a late enrollee may be
subject to a 12-month preexisting condition provision or a waiting period until the
next open enrollment period not to exceed a 12-month period-
ic) A EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, A health
benefit plan that does not use a preexisting condition provision may impose on
enrollees:
(1) a waiting period not to exceed 90 days; or
(2) for 1 year, a surcharge not to exceed 1.5 times the community rate
established in accordance with § 15-1205 of this subtitle.
(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.
(a) This section does not apply to any insurance enumerated in §
15-1201(f)(3)(i) through (xiii) of this subtitle.
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