Ch. 60                                     2004 LAWS OF MARYLAND

plan, if, after such period and before the enrollment date, there was a 63-day period
during all of which the individual was not covered under any creditable coverage.

[(h)] (G) "Eligible individual" means an individual:

(1)     (i) for whom, as of the date on which the individual seeks coverage
under this subtitle, the aggregate of the periods of creditable coverage is 18 or more
months; and

(ii) whose most recent prior creditable coverage was under an
employer sponsored plan, governmental plan, church plan, or health benefit plan
offered in connection with any of these plans;

(2)     who is not eligible for coverage under:
(i) an employer sponsored plan;

(ii) Part A or Part B of Title XVIII of the Social Security Act; or
(iii) a State plan under Title XIX of the Social Security Act;

(3)     who does not have coverage under a health benefit plan;

(4)     who has not had the most recent prior creditable coverage described
in paragraph (1)(ii) of this subsection terminated for nonpayment of premiums or
fraud by the individual; and

(5)     who, if the individual has been offered the option of continuation
coverage under a State or federal continuation provision:

(i) has elected that coverage; and

(ii) has exhausted that coverage.

[(i)] (H) "Enrollment date" means the date on which:

(1)     an individual enrolls in a health benefit plan; or

(2)     the first day of the waiting period before which the individual may
enroll.

[(j)] (I) "Governmental plan" means a plan as defined in § 3(32) of the
Employee Retirement Income Security Act of 1974 and any federal governmental
plan.

[(k)] (J) "Employer sponsored plan" means an employee welfare benefit plan
that provides medical care to employees or their dependents, and is not subject to
State regulation in accordance with the federal Employee Retirement Income
Security Act of 1974.

[(l)] (K) (1) "Health benefit plan" means a:

(i) hospital or medical policy or certificate, including those issued
under multiple employer trusts or associations located in Maryland or any other state
covering Maryland residents;

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