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PARRIS N. GLENDENING, Governor
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H.B. 91
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(3) may not write new business for small employers in the State for a
period of 5 years beginning on the date of notice to the Commissioner.
(D) WHEN A CARRIER ELECTS NOT TO RENEW A PARTICULAR HEALTH
BENEFIT PLAN FOR ALL SMALL EMPLOYERS IN THE STATE, THE CARRIER SHALL:
(1) PROVIDE NOTICE OF THE NONRENEWAL AT LEAST 90 DAYS BEFORE
THE DATE OF THE NONRENEWAL TO;
(I) EACH AFFECTED:
1. SMALL EMPLOYER; AND
2. ENROLLED EMPLOYEE; AND
(II) THE COMMISSIONER;
(2) OFFER TO EACH AFFECTED SMALL EMPLOYER THE OPTION TO
PURCHASE ALL OTHER HEALTH BENEFIT PLANS CURRENTLY OFFERED BY THE
CARRIER IN THE SMALL GROUP MARKET; AND
(3) ACT UNIFORMLY WITHOUT REGARD TO THE CLAIMS EXPERIENCE OF
ANY AFFECTED SMALL EMPLOYER, OR ANY HEALTH STATUS-RELATED FACTOR OF
ANY AFFECTED INDIVIDUAL.
[(d)] (E) Within 7 days after cancellation or nonrenewal of a health benefit
plan, the carrier shall send to each enrolled employee written notice of its action and
the conversion rights available to each enrolled employee under § 15-412 of this
article.
15-1301.
(h) "Eligible individual" means an individual:
(1) (i) for whom, as of the date on which the individual seeks coverage
under this subtitle, the aggregate of the periods of creditable coverage is 18 or more
months; and
(ii) whose most recent prior creditable coverage was under an
employer sponsored plan, governmental plan, church plan, or health benefit plan
offered in connection with any of these plans;
(2) who is not eligible for coverage under:
(i) an employer sponsored plan;
(ii) Part A or Part B of Title XVIII of the Social Security Act; OR
(iii) a State plan under Title XIX of the Social Security Act; [or
(iv) a health benefit plan;]
(3) WHO DOES NOT HAVE COVERAGE UNDER A HEALTH BENEFIT PLAN;
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- 4259 -
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