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2007 Laws of Maryland
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Ch. 59
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(A) [each] EACH individual enrolled on September 30, 2005 in a health benefit
plan OFFERED BY A CARRIER under Title 15, Subtitle 12 of the Insurance Article
may at the option of the enrollee remain covered under the policy issued under the
health benefit plan OR ANY POLICY ISSUED UNDER THE HEALTH BENEFIT PLAN
OFFERED BY THE CARRIER TO SMALL EMPLOYERS AND SELECTED BY THE
ENROLLEE DURING THE OPEN ENROLLMENT PERIOD DESCRIBED IN
SUBSECTION (B) OF THIS SECTION AT RENEWAL, subject to the termination
provisions under § 15-1212(b) of the Insurance Article, provided the enrollee continues
to:
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(1) work and reside in the State; and
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(2) is a self-employed individual organized as a sole proprietorship or
in any other legally recognized manner that a self-employed individual may organize:
(i) a substantial part of whose income derives from a trade or
business through which the individual has attempted to earn taxable income;
(ii) who has filed the appropriate Internal Revenue form or
forms and schedule for the previous taxable year; and
(iii) for whom a copy of the appropriate Internal Revenue form or
forms and schedule has been filed with the carrier.
(B) (1) IN THIS SECTION, "OPEN ENROLLMENT PERIOD" MEANS A
PERIOD OF AT LEAST 30 CONSECUTIVE DAYS THAT OCCURS IN EACH 12-MONTH
PERIOD DURING WHICH AN INDIVIDUAL WHO MEETS THE REQUIREMENTS OF
SUBSECTION (A) OF THIS SECTION MAY CHOOSE ANY POLICY ISSUED UNDER THE
HEALTH BENEFIT PLAN OFFERED BY THE CARRIER WITH WHICH THE
INDIVIDUAL WAS ENROLLED ON SEPTEMBER 30, 2005.
(2) A CARRIER THAT ENROLLS INDIVIDUALS WHO MEET THE
REQUIREMENTS OF SUBSECTION (A) OF THIS SECTION SHALL ESTABLISH AN
OPEN ENROLLMENT PERIOD FOR INDIVIDUALS WHO MEET THE REQUIREMENTS
OF SUBSECTION (A) OF THIS SECTION.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2007.
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Approved by the Governor, April 10, 2007.
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-898-
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