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PARRIS N. GLENDENING, Governor
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Ch. 400
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(E) A CARRIER MAY IMPOSE A PREEXISTING CONDITION PROVISION ON AN
ELIGIBLE EMPLOYEE WHO IS A NEW ENROLLEE IF;
(I) THE SMALL EMPLOYER HAS NO MORE THAN NINE ELIGIBLE
EMPLOYEES;
(2) THE PREEXISTING CONDITION OF THE NEW ENROLLEE HAS EXISTED
FOR 6 MONTHS OR LESS; AND
(3) THE PREEXISTING CONDITION PROVISION IS IMPOSED ON THE NEW
ENROLLEE FOR A PERIOD NOT TO EXCEED 13 MONTHS.
15-1210.
(a) [(1)] A carrier that offers coverage to a small employer shall:
[(i)] (1) offer coverage to all of its eligible employees and all of
their eligible dependents;
[(ii)](2) at the election of the small employer, offer coverage to all
of its part-time employees who have a normal workweek, of at least 17 1/2 but less
than 30 hours per week and have been continuously employed for at least 4
consecutive months; AND
[(iii)]- (3) at the election of the small employer, offer coverage to all
of its employees who are covered under another public or private plan of health
insurance or another health benefit arrangement[; and
(iv) establish an annual open enrollment period for self-employed
individuals for at least 30 consecutive days in each 6-month period.
(2) Notwithstanding any other provision of this section and §§ 15-1209,
15-1211, and 15-1213 of this subtitle, a carrier may deny coverage to a self-employed
individual who applies for a health benefit plan at a time other than the carrier's
annual open enrollment period}.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) On or before January 1, 2001, the Maryland Health Care Commission, in
consultation with the Maryland Insurance Administration, health insurance carriers,
small employers, insurance agents and insurance brokers, shall report, in accordance
with § 2-1246 of the State Government Article, to the House Economic Matters
Committee and the Senate Finance Committee on the effect of group size in the small
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- 2193 -
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