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Martin O'Malley, Governor
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S.B. 714
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(g) It is not discrimination or a rebate to issue policies of health insurance
that provide for increases in benefits to policyholders who maintain their policies
continuously in force without lapse for specified periods.
(H) (1) (I) IN THIS SUBSECTION THE FOLLOWING WORDS HAVE
THE MEANINGS INDICATED.
(II) "BONA FIDE WELLNESS PROGRAM" MEANS A PROGRAM
THAT IS DESIGNED TO:
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1. PREVENT OR DETECT DISEASE OR ILLNESS;
2. REDUCE OR AVOID POOR CLINICAL OUTCOMES;
3. PREVENT COMPLICATIONS FROM MEDICAL
4. PROMOTE HEALTHY BEHAVIOR AND LIFESTYLE
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CONDITIONS; OR
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CHOICES.
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(III) "CARRIER" MEANS:
1. AN INSURER;
2. A NONPROFIT HEALTH SERVICE PLAN; OR
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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;
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- 4443 -
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