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Session Laws, 2004
Volume 801, Page 1075   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 287

(3) limit the total cost-sharing that may be incurred by an individual in
a year.

15-1209.

(a)     This section does not apply to any insurance enumerated in §
15-1201(f)(3)(i) through (xiii) of this subtitle.

(b)     A carrier shall issue its health benefit plans to each small employer that
meets the requirements of this section.

(C)     (1) A CARRIER THAT OFFERS INSURANCE IN THE SMALL GROUP MARKET
SHALL OFFER THE STANDARD PLAN TO EACH SMALL EMPLOYER THAT MEETS THE
REQUIREMENTS OF THIS SECTION.

(2) (I) IN THIS PARAGRAPH, "PROMINENT CARRIER" MEANS A CARRIER
THAT INSURES AT LEAST 25% 10% OF THE TOTAL LIVES INSURED IN THE SMALL
GROUP MARKET.

(II)     A PROMINENT CARRIER THAT OFFERS INSURANCE IN THE
SMALL GROUP MARKET SHALL OFFER AND ANY OTHER CARRIER THAT OFFERS
INSURANCE IN THE SMALL GROUP MARKET MAY OFFER THE LIMITED BENEFIT
PLAN, BUT ONLY TO A SMALL EMPLOYER:

1.       THAT HAS NOT PROVIDED THE STANDARD PLAN DURING
THE 12-MONTH PERIOD PRECEDING THE DATE OF APPLICATION OR IF THE SMALL
EMPLOYER HAS EXISTED FOR LESS THAN 12 MONTHS, FROM THE DATE THE SMALL
EMPLOYER COMMENCED ITS BUSINESS; AND

2.       FOR WHICH THE AVERAGE ANNUAL WAGE OF THE
EMPLOYEES
OF THE SMALL EMPLOYER'S GROUP EMPLOYER DOES NOT EXCEED 75%
OF THE AVERAGE ANNUAL WAGE IN THE STATE.

(III)   A SMALL EMPLOYER THAT QUALIFIES FOR AND CHOOSES THE
LIMITED BENEFIT PLAN MAY RENEW THE LIMITED BENEFIT PLAN EVEN IF THE
AVERAGE ANNUAL WAGE OF THE EMPLOYEES OF THE SMALL EMPLOYER EXCEEDS
75% OF THE AVERAGE ANNUAL WAGE IN THE STATE AT THE TIME OF RENEWAL.

(D)     FOR SMALL EMPLOYERS THAT QUALIFY FOR AND CHOOSE THE LIMITED
BENEFIT PLAN, A CARRIER:

(1)      MUST OFFER COVERAGE FOR ALL ELIGIBLE EMPLOYEES AND
DEPENDENTS UNDER THE LIMITED BENEFIT PLAN; AND

(2)      MAY NOT OFFER THE STANDARD PLAN FOR ANY MEMBERS
EMPLOYEES OF THE SMALL EMPLOYER'S GROUP EMPLOYER.

[(c)] (E) (1) Nothing in this subsection requires a small employer to
contribute to the premium payments for coverage of a dependent of an eligible
employee.

(2) To be covered under a health benefit plan offered by a carrier, a small
employer shall:

- 1075 -

 

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Session Laws, 2004
Volume 801, Page 1075   View pdf image
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