Ch. 60                                     2004 LAWS OF MARYLAND

(ii) policy forms with the largest and next to largest premium
volume of all policy forms offered by the carrier in this State; and

(2) an election whether to use the weighted average valuation described
in § 15-1301(t)(l)(i) or (ii) of this subtitle.

(b)     (1) An election made under this section shall be binding for a 2-year
period.

(2)     After the initial 2-year period, and for each subsequent 2-year
period, carriers shall again make the elections required by this section.

(3)     An election shall be made on a form and in a manner required by the
Commissioner.]

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.

[(b) Subject to subsections (d) and (k) of this section, a carrier shall issue the
individual health benefit plan elected under § 15-1305 or § 15-1306(a)(l) of this
subtitle to any eligible individual.

(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.

(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

(ii) whether the individuals are eligible individuals.

(e)     A carrier that denies individual health insurance coverage under
subsection (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

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