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Ch. 411 2002 LAWS OF MARYLAND
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(3) persons that offer a service benefit plan, as defined in federal law.
(c) If a parent eligible for family members' coverage is required under an order
to provide health insurance coverage for a child, an entity subject to this section:
(1) shall allow the insuring parent to enroll in family members' coverage
and include the child in that coverage regardless of enrollment period restrictions;
(2) if the insuring parent is enrolled in health insurance coverage but
does not include the child in the enrollment, shall:
(i) allow the noninsuring parent, child support enforcement
agency, or Department of Health and Mental Hygiene to apply for enrollment on
behalf of the child; and
(ii) include the child in the coverage regardless of enrollment period
restrictions; and
(3) may not terminate health insurance coverage for the child unless
written evidence is provided to the entity that:
(i) the order is no longer in effect;
(ii) the child has been or will be enrolled under other reasonable
health insurance coverage that will take effect on or before the effective date of the
termination;
(iii) the employer has eliminated family members' coverage for all of
its employees; or
(iv) the employer no longer employs the insuring parent, except that
if the parent elects to exercise the provisions of the federal Consolidated Omnibus
Budget Reconciliation Act of 1985 (COBRA), coverage shall be provided for the child
consistent with the employer's plan for postemployment health insurance coverage
for dependents.
(d) Notwithstanding any other provision of this article, an entity subject to
this section may not deny enrollment of a child under the health insurance coverage
of an insuring parent because the child:
(1) was born out of wedlock;
(2) is not claimed as a dependent on the insuring parent's federal income
tax return; [or]
(3) does not reside with the insuring parent or in the service area of the
entity; OR
(4) IS RECEIVING BENEFITS OR IS ELIGIBLE TO RECEIVE BENEFITS
UNDER THE MARYLAND MEDICAL ASSISTANCE PROGRAM.
(e) If a child has health insurance coverage through an insuring parent, an
entity subject to this section shall:
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