ROBERT L. EHRLICH, JR., Governor                             Ch. 486

maintenance organizations, and managed care organizations; authorizing an
insurer, nonprofit health service plan, health maintenance organization, or
managed care organization to require an insured or enrollee to satisfy certain
criteria to qualify for coverage for this benefit clarifying the circumstances
under which certain insurers, nonprofit health service plans, health
maintenance organizations, and managed care organizations must provide
coverage for the surgical treatment of morbid obesity; establishing a Task Force
to Study Utilization Review of the Surgical Treatment of Morbid Obesity;
providing for the membership, chairman, and duties of the Task Force; requiring
the Task Force to report its findings and recommendations to certain
committees of the General Assembly on or before a certain date; requiring the
Maryland Insurance Administration to report to certain committees of the
General Assembly certain information relating to complaints filed with the
Administration for denials of coverage for the surgical treatment of morbid
obesity; providing for the termination of this Act; and generally relating to the
treatment of morbid obesity under health insurance.

BY repealing and reenacting, with amendments,
Article — Insurance
Section 15-839
Annotated Code of Maryland
(2002 Replacement Volume and 2003 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Insurance

15-839.

(a)     (1) In this section the following words have the meanings indicated.

(2)     "Body mass index" means a practical marker that is used to assess
the degree of obesity and is calculated by dividing the weight in kilograms by the
height in meters squared.

(3)     "Morbid obesity" means a body mass index that is:

(i) greater than 40 kilograms per meter squared; or

(ii) equal to or greater than 35 kilograms per meter squared with a
comorbid medical condition, including hypertension, a cardiopulmonary condition,
sleep apnea, or diabetes.

(b)     This section applies to:

(1) insurers and nonprofit health service plans that provide hospital,
medical, or surgical benefits to individuals or groups on an expense-incurred basis
under health insurance policies or contracts that are issued or delivered in the State;

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