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PARRIS N. GLENDENING, Governor
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S.B. 651
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(ii) whether the individuals are eligible individuals.
[(d)] (E) A carrier that denies individual health insurance coverage under
subsection [(c)] (D) of this section may not offer coverage in the individual market
until the later of:
(1) a period of 180 days after the date the coverage is denied; or
(2) until the carrier has demonstrated, to the Commissioner's
satisfaction that the carrier has sufficient policyholder surplus to underwrite
additional coverage.
[(e)] (F) A carrier may elect not to renew all individual health benefit plans in
the State.
[(f)] (G) When a carrier elects not to renew all individual health benefit plans
in the State, the carrier:
(1) shall give notice of its decision to the affected individuals at least 180
days before the effective date of nonrenewal;
(2) at least 30 working days before that notice, shall give notice to the
Commissioner; [and]
(3) IF THE CARRIER HAS AN AFFILIATE IN THE INDIVIDUAL MARKET,
SHALL GIVE NOTICE TO EACH AFFECTED INDIVIDUAL AT LEAST 180 DAYS BEFORE
THE EFFECTIVE DATE OF NONRENEWAL OF THE INDIVIDUAL'S OPTION TO
PURCHASE ALL OTHER INDIVIDUAL HEALTH BENEFIT PLANS CURRENTLY OFFERED
BY THE AFFILIATE OF THE CARRIER; AND
(4) may not write new business for individuals in the State for a 5-year
period beginning on the date of notice to the Commissioner.
[(g)] (H) A CARRIER THAT OFFERS AN INDIVIDUAL HEALTH BENEFIT PLAN
SHALL OFFER AN INDIVIDUAL HEALTH BENEFIT PLAN TO AN INDIVIDUAL WHO IS
NONRENEWED BY AN AFFILIATE OF THE CARRIER UNDER SUBSECTION (G) OF THIS
SECTION ON A GUARANTEE ISSUE BASIS, IF THE INDIVIDUAL APPLIES FOR
COVERAGE NO LATER THAN 63 DAYS AFTER THE EFFECTIVE DATE OF NONRENEWAL.
(I) A CARRIER THAT ISSUES COVERAGE UNDER SUBSECTION (H) OF THIS
SECTION MAY NOT RATE THE COVERAGE ON A SUBSTANDARD BASIS UNLESS THE
INDIVIDUAL WAS RATED ON A SUBSTANDARD BASIS UNDER THE PRIOR COVERAGE
PROVIDED TO THE INDIVIDUAL BY THE AFFILIATE OF THE CARRIER.
(J) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, A CARRIER THAT
ISSUES COVERAGE UNDER SUBSECTION (H) OF THIS SECTION SHALL WAIVE THE
WAITING PERIOD FOR COVERAGE OF A PREEXISTING CONDITION TO THE EXTENT
THAT THE INDIVIDUAL HAS SATISFIED A WAITING PERIOD UNDER THE INDIVIDUAL'S
PRIOR CONTRACT OR POLICY.
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(2) THE CARRIER THAT ISSUES COVERAGE UNDER SUBSECTION (H) OF
THIS SECTION MAY REQUIRE THE INDIVIDUAL TO SATISFY THE REMAINING PART OF
THE WAITING PERIOD IF ANY PART OF THE WAITING PERIOD UNDER THE
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- 4783 -
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