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S.B. 651
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VETOES
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Section 15-1308 and 15-1309
Annotated Code of Maryland
(1997 Volume and 2001 Supplement)
BY adding to
Article - Insurance
Section 27-603(g)
Annotated Code of Maryland
(1997 Volume and 2001 Supplement)
BY adding to
Article - Health - General
Section 19-706(ww)
Annotated Code of Maryland
(2000 Replacement Volume and 2001 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Insurance
15-1308.
(A) IN THIS SECTION "AFFILIATE" MEANS A PERSON THAT DIRECTLY OR
INDIRECTLY, THROUGH ONE OR MORE INTERMEDIARIES, CONTROLS, IS
CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH ANOTHER PERSON.
[(a)] (B) Subject to subsections [(c)] (D) and [(g)] (K) of this section, a carrier
shall issue the individual health benefit plan elected under § 15-1305 or §
15-1306(a)(1) of this subtitle to any eligible individual.
[(b)] (C) (1) A carrier may not limit coverage under any individual health
benefit plan issued to an eligible individual under a preexisting condition provision.
(2) A carrier may impose a preexisting condition provision on an
individual who has had a period of at least 63 days during all of which the individual
was not covered under any creditable coverage and who would otherwise have been
an eligible individual.
[(c)] (D) A carrier may refuse to issue an individual health benefit plan to an
eligible individual, if the carrier demonstrates to the satisfaction of the Commissioner
that:, ...
(1) it does not have the policyholder surplus necessary to underwrite
additional coverage; and
(2) it is applying this section uniformly to all individuals in the
individual market in this State without regard to:
(i) any health status-related factor; and
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- 4782 -
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