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Ch. 591
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2007 Laws of Maryland
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3. PREVENT COMPLICATIONS FROM MEDICAL
CONDITIONS; OR
4. PROMOTE HEALTHY BEHAVIORS AND LIFESTYLE
CHOICES.
(III) "CARRIER" MEANS:
1. AN INSURER;
2. A NONPROFIT HEALTH SERVICE PLAN; OR
3. A HEALTH MAINTENANCE ORGANIZATION; OR
4. A DENTAL PLAN ORGANIZATION.
(2) IT IS NOT DISCRIMINATION OR A REBATE FOR A CARRIER TO
PROVIDE REASONABLE INCENTIVES TO AN INDIVIDUAL WHO IS AN INSURED, A
SUBSCRIBER, OR A MEMBER FOR PARTICIPATION IN A BONA FIDE WELLNESS
PROGRAM OFFERED BY THE CARRIER IF:
(I) THE CARRIER DOES NOT MAKE PARTICIPATION IN THE
BONA FIDE WELLNESS PROGRAM A CONDITION OF COVERAGE UNDER A POLICY
OR CONTRACT;
(II) PARTICIPATION IN THE BONA FIDE WELLNESS
PROGRAM IS VOLUNTARY AND A PENALTY IS NOT IMPOSED ON AN INSURED,
SUBSCRIBER, OR MEMBER FOR NONPARTICIPATION;
(III) AN INSURED, SUBSCRIBER, OR MEMBER IS NOT
REQUIRED TO ACHIEVE ANY SPECIFIC OUTCOME IN ORDER TO RECEIVE AN
INCENTIVE FOR PARTICIPATION IN THE BONA FIDE WELLNESS PROGRAM; AND
(IV) THE CARRIER DOES NOT MARKET THE BONA FIDE
WELLNESS PROGRAM IN A MANNER THAT REASONABLY COULD BE CONSTRUED
TO HAVE AS ITS PRIMARY PURPOSE THE PROVISION OF AN INCENTIVE OR
INDUCEMENT TO PURCHASE COVERAGE FROM THE CARRIER.
(3) ANY INCENTIVE OFFERED FOR PARTICIPATION IN A BONA
FIDE WELLNESS PROGRAM:
(I) SHALL BE REASONABLY RELATED TO THE BONA FIDE
WELLNESS PROGRAM; AND
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- 3798 -
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