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<section article="gin" article_name="Insurance" number="15-1316" future_version_removed="true" title_number="15" title_name="Health Insurance" subtitle_number="13" subtitle_name="Maryland Health Insurance Portability and Accountability Act -- Individual Market Reforms">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Dependent” means an individual who is or who may become eligible for coverage under the terms of a health benefit plan because of a relationship with another individual.</text>
    </level>
    <level label="3">
      <text>“Health care practitioner” has the meaning stated in § 1–301 of the Health Occupations Article.</text>
    </level>
    <level label="4">
      <text>“Provider” means a health care practitioner or a health care facility that participates on a health benefit plan’s provider panel.</text>
    </level>
    <level label="5">
      <text>“Qualifying coverage in an eligible employer–sponsored plan” has the meaning stated in 45 C.F.R. § 155.300.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Beginning November 15, 2014, unless an alternative date is adopted by the federal Department of Health and Human Services, a carrier that sells health benefit plans to individuals in the State shall establish an annual open enrollment period.</text>
    </level>
    <level label="2">
      <text>The annual open enrollment period for 2014 shall begin on November 15, 2014, and extend through January 15, 2015, unless alternative dates are adopted by the federal Department of Health and Human Services.</text>
    </level>
    <level label="3">
      <text>The annual open enrollment period for years beginning on and after January 1, 2015, shall be:</text>
      <level label="i">
        <text>the dates adopted by the federal Department of Health and Human Services; or</text>
      </level>
      <level label="ii">
        <text>if authorized by the federal Department of Health and Human Services, the dates adopted by the Exchange.</text>
      </level>
    </level>
    <level label="4">
      <text>During the annual open enrollment period, an individual shall be permitted to:</text>
      <level label="i">
        <text>enroll in a health benefit plan offered by the carrier;</text>
      </level>
      <level label="ii">
        <text>discontinue enrollment in a health benefit plan offered by the carrier; or</text>
      </level>
      <level label="iii">
        <text>change enrollment in a health benefit plan offered by the carrier to a different health benefit plan offered by the carrier.</text>
      </level>
    </level>
    <level label="5">
      <text>If an individual enrolls in a health benefit plan offered by the carrier during the annual open enrollment period for 2014, the effective date of coverage shall be:</text>
      <level label="i">
        <text>January 1, 2015, if the application is received by the carrier on or before December 15, 2014, unless an alternative date is adopted by the federal Department of Health and Human Services;</text>
      </level>
      <level label="ii">
        <text>February 1, 2015, if the application is received by the carrier from December 16, 2014, through January 15, 2015, unless an alternative date is adopted by the federal Department of Health and Human Services; and</text>
      </level>
      <level label="iii">
        <text>March 1, 2015, if the application is received by the carrier from January 16, 2015, through February 15, 2015, unless an alternative date is adopted by the federal Department of Health and Human Services.</text>
      </level>
    </level>
    <level label="6">
      <text>If an individual enrolls in a health benefit plan offered by the carrier during the annual open enrollment period for years beginning on and after January 1, 2015, the effective date of coverage shall be:</text>
      <level label="i">
        <text>the date adopted by the federal Department of Health and Human Services; or</text>
      </level>
      <level label="ii">
        <text>if authorized by the federal Department of Health and Human Services, the date adopted by the Exchange.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>A carrier participating in the Individual Exchange shall provide:</text>
    <level label="1">
      <text>the special enrollment periods specified in 45 C.F.R. § 155.420 for individuals who purchase coverage through the Individual Exchange;</text>
    </level>
    <level label="2">
      <text>a special enrollment period for an individual who purchases coverage through the Individual Exchange if the individual or a dependent of the individual becomes pregnant, as confirmed by a health care practitioner; and</text>
    </level>
    <level label="3">
      <text>a special enrollment period for an individual who purchases coverage through the Individual Exchange if the individual or a dependent of the individual is:</text>
      <level label="i">
        <text>a patient being treated on a regular basis by or at a provider; and</text>
      </level>
      <level label="ii">
        <text>enrolled in a health benefit plan in which the provider treating the individual or dependent is terminated from the health benefit plan’s provider panel.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>A carrier shall provide:</text>
    <level label="1">
      <text>the special enrollment periods specified in 45 C.F.R. § 147.104(b)(2) for individuals who purchase coverage outside the Individual Exchange;</text>
    </level>
    <level label="2">
      <text>a special enrollment period for an individual who purchases coverage outside the Individual Exchange if the individual or a dependent of the individual becomes pregnant, as confirmed by a health care practitioner; and</text>
    </level>
    <level label="3">
      <text>a special enrollment period for an individual who purchases coverage outside the Individual Exchange if the individual or a dependent of the individual is:</text>
      <level label="i">
        <text>a patient being treated on a regular basis by or at a provider; and</text>
      </level>
      <level label="ii">
        <text>enrolled in a health benefit plan in which the provider treating the individual or dependent is terminated from the health benefit plan’s provider panel.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>A special enrollment period described in subsection (c)(2) or (d)(2) of this section shall:</text>
      <level label="i">
        <text>be open for a period of 90 days; and</text>
      </level>
      <level label="ii">
        <text>begin on the date the health care practitioner confirms the pregnancy.</text>
      </level>
    </level>
    <level label="2">
      <text>A special enrollment period described in subsection (c)(3) or (d)(3) of this section shall:</text>
      <level label="i">
        <text>be open for a period of 90 days; and</text>
      </level>
      <level label="ii">
        <text>begin on:</text>
        <level label="1">
          <text>the date of termination of the provider from the health benefit plan’s provider panel; or</text>
        </level>
        <level label="2">
          <text>if the consumer did not receive notice of the termination before the termination date, the date of the notice of termination.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>If an individual enrolls for coverage during one of the open enrollment periods described in subsection (b) of this section or during one of the special open enrollment periods described in subsections (c)(1) and (d)(1) of this section, coverage shall be effective in accordance with the requirements in 45 C.F.R. § 155.420.</text>
    </level>
    <level label="2">
      <text>If an individual enrolls for coverage or enrolls a dependent for coverage during a special enrollment period described in subsection (c)(2) or (d)(2) of this section, the coverage shall become effective on the first day of the month in which the individual receives confirmation of pregnancy.</text>
    </level>
    <level label="3">
      <text>If an individual enrolls for coverage or enrolls a dependent for coverage during a special enrollment period described in subsection (c)(3) or (d)(3) of this section, the individual shall select if coverage shall become effective:</text>
      <level label="i">
        <text>on the first day of the month following the date the health benefit plan was selected; or</text>
      </level>
      <level label="ii">
        <text>on the first day of the month in which the termination of the provider on the health benefit plan’s provider panel became effective.</text>
      </level>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>A health maintenance organization may:</text>
      <level label="i">
        <text>limit the individuals who may apply for coverage to those who live or reside in the health maintenance organization’s service area; and</text>
      </level>
      <level label="ii">
        <text>deny coverage to individuals if the health maintenance organization has demonstrated to the Commissioner that:</text>
        <level label="1">
          <text>it will not have the capacity to deliver services adequately to any additional individuals because of its obligations to existing enrollees; and</text>
        </level>
        <level label="2">
          <text>it is applying the provisions of this paragraph uniformly to all individuals without regard to the claims experience of those individuals and their dependents or any health status–related factor relating to the individuals and their dependents.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>A health maintenance organization that denies coverage to an individual in accordance with paragraph (1) of this subsection may not offer coverage in the individual market within the service area to any individual for a period of 180 days after the date the coverage is denied.</text>
    </level>
    <level label="3">
      <text>Paragraph (2) of this subsection does not:</text>
      <level label="i">
        <text>limit the health maintenance organization’s ability to renew coverage already in force; or</text>
      </level>
      <level label="ii">
        <text>relieve the health maintenance organization of the responsibility to renew coverage already in force.</text>
      </level>
    </level>
  </level>
  <level label="h">
    <level label="1">
      <text>A carrier may deny a health benefit plan to an individual if the carrier has demonstrated to the Commissioner that:</text>
      <level label="i">
        <text>it does not have the financial reserves necessary to offer additional coverage; and</text>
      </level>
      <level label="ii">
        <text>it is applying the provisions of this paragraph uniformly to all individuals in the individual market in the State without regard to the claims experience of those individuals and their dependents or any health status–related factor relating to the individuals and their dependents.</text>
      </level>
    </level>
    <level label="2">
      <text>A carrier that denies a health benefit plan to an individual in the State under paragraph (1) of this subsection may not offer coverage in the individual market before the later of:</text>
      <level label="i">
        <text>the 181st day after the date the carrier denies coverage; and</text>
      </level>
      <level label="ii">
        <text>the date the carrier demonstrates to the Commissioner that the carrier has sufficient financial reserves to underwrite additional coverage.</text>
      </level>
    </level>
    <level label="3">
      <text>Paragraph (2) of this subsection does not:</text>
      <level label="i">
        <text>limit the carrier’s ability to renew coverage already in force; or</text>
      </level>
      <level label="ii">
        <text>relieve the carrier of the responsibility to renew coverage already in force.</text>
      </level>
    </level>
    <level label="4">
      <text>Health benefit plans offered after the time period described in paragraph (2) of this subsection are subject to the requirements of this section.</text>
    </level>
  </level>
</section>
