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Ch. 153
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2002 LAWS OF MARYLAND
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Article - Insurance
14-106.
(a) It is the public policy of this State that the exemption from taxation for
nonprofit health service plans under § 6-101(b)(1) of this article is granted so that
funds which would otherwise be collected by the State and spent for a public purpose
shall be used in a like manner and amount by the nonprofit health service plan.
(b) This section does not apply to a nonprofit health service plan that insures
fewer than 10,000 covered lives in Maryland.
(c) By March 1 of each year or a deadline otherwise imposed by the
Commissioner for good cause, each nonprofit health service plan shall file with the
Commissioner a premium tax exemption report that:
(1) is in a form approved by the Commissioner; and
(2) demonstrates that the plan has used funds equal to the value of the
premium tax exemption provided to the plan under § 6-101(b) of this article, in a
manner that serves the public interest in accordance with [subsection]
SUBSECTIONS (d) AND (E) of this section.
(d) [Except as provided in subsection (e) of this section, a] A nonprofit health
service plan may satisfy the public service requirement in subsection (c)(2) of this
section by establishing that the plan has:
(1) increased access to, or the affordability of, one or more health care
products or services by offering and selling health care products or services that are
not required or provided for by law; or
(2) served the public interest by any method or practice approved by the
Commissioner.
[(e) The Commissioner may not consider the fact that a nonprofit health
service plan offers a product through the substantial, available, affordable coverage
program when determining whether the plan has satisfied the requirements of
subsection (c)(2) of this section.]
(E) (1) A NONPROFIT HEALTH SERVICE PLAN THAT IS SUBJECT TO THIS
SECTION AND ISSUES COMPREHENSIVE HEALTH CARE BENEFITS IN THE STATE
SHALL ADMINISTER AND SUBSIDIZE THE SENIOR PRESCRIPTION DRUG PROGRAM
ESTABLISHED UNDER TITLE 14, SUBTITLE 5, PART II OF THIS TITLE.
(2) THE SUBSIDY REQUIRED UNDER THE SENIOR PRESCRIPTION DRUG
PROGRAM MAY NOT EXCEED THE VALUE OF THE NONPROFIT HEALTH SERVICE
PLAN'S PREMIUM TAX EXEMPTION UNDER § 6-101(B) OF THIS ARTICLE.
(f) Each report filed with the Commissioner under subsection (c) of this
section is a public record.
SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:
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- 1538 -
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