2017 Maryland Code
Insurance
Title 15 - Health Insurance
Subtitle 14 - Maryland Health Insurance Portability and Accountability Act -- Large Group Market Reforms
§ 15-1409. Nonrenewal of plans

Universal Citation: MD Ins Code § 15-1409 (2017)
  • (a) "Product" defined. -- In this section, "product" means a discrete package of health benefits that are offered using a particular product network type within a geographic service area.
  • (b) Election not to renew particular coverage. -- A carrier that elects not to renew all of a particular product in the State shall:
    • (1) provide notice of the nonrenewal at least 90 days before the date of the nonrenewal to each affected:
      • (i) policyholder;
      • (ii) plan sponsor;
      • (iii) participant; and
      • (iv) beneficiary;
    • (2) offer to each affected plan sponsor the option to purchase any other health insurance coverage currently being offered by the carrier; and
    • (3) act uniformly without regard to the claims experience of any affected plan sponsor, or any health status-related factor of any affected individual.
  • (c) Election to nonrenew all plans. -- A carrier may elect not to renew all group health benefit plans in the State.
  • (d) Effect of election to nonrenew all plans. -- When a carrier elects not to renew all group health benefit plans in the State, the carrier:
    • (1) shall give notice of its decision to the affected individuals at least 180 days before the effective date of nonrenewal;
    • (2) at least 30 working days before that notice, shall give notice to the Commissioner; and
    • (3) may not write new business for groups in the State for a 5-year period beginning on the date of notice to the Commissioner.
  • (e) Approved service areas. -- A health maintenance organization need not offer coverage to an individual who does not live, reside, or work within the health maintenance organization's approved service areas.
  • (f) Uniform modification of coverage for product allowed only at time of renewal of plan. -- A carrier may make a uniform modification of coverage for a product only at the time of renewal of a health benefit plan.
  • (g) When carrier not considered to have elected not to renew. -- A carrier will not be considered to have elected not to renew all group health benefit plans in the State if the carrier complies with 45 C.F.R. ยง 147.106(d)(3).
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