Title 15. Health Insurance — Subtitle 9. Medicare Supplement Act
Statutes in effect as of October 1, 2026.
Md. Code Ann., Ins. § 15-901 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–901LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Applicant” means:
(1)
for an individual Medicare supplement policy or subscriber contract, the individual who seeks to contract for insurance benefits; or
(2)
for a group Medicare supplement policy or subscriber contract, the proposed certificate holder.
(c)
“Carrier” means an insurer, nonprofit health service plan, or fraternal benefit society that is authorized to issue health insurance policies under this article.
(d)
“Certificate” means a certificate that is delivered or issued for delivery in the State under a group Medicare supplement policy.
(e)
“Certificate form” means the form on which the certificate is delivered or issued for delivery in the State by the carrier.
(f)
“CMS” means the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services.
(g)
“Medicaid” means the Health Insurance for the Aged Act, Title XIX of the Social Security Amendments of 1965, as amended.
(h)
“Medicare” means the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965, as amended.
(i)
“Medicare benefit period” means the unit of time used in the Medicare Program to measure use of services and availability of benefits under Medicare Part A.
(j)
“Medicare eligible expense” means a health care expense of the kind covered by Medicare to the extent the service for which the expense was incurred is considered reasonable under Medicare rules and regulations.
(k)
(1)
“Medicare supplement policy” or “Medigap policy” means an individual or group policy of health insurance or subscriber contract that is advertised, marketed, or designed primarily as a supplement to reimbursements under Medicare for the hospital, medical, or surgical expenses of individuals eligible for Medicare.
(2)
“Medicare supplement policy” or “Medigap policy” does not include:
(i)
a policy that is issued pursuant to a contract under § 1876 of the federal Social Security Act, 42 U.S.C. § 1395mm; or
(ii)
a policy that is issued under a demonstration project authorized pursuant to amendments to the federal Social Security Act.
(l)
“Policy” includes:
(1)
a policy that is issued to an individual;
(2)
a certificate, as that term is used in Title 14, Subtitle 1 of this article, that is issued to an individual subscriber;
(3)
a certificate, as that term is used in Title 8, Subtitle 4 of this article, that is issued to a member of a fraternal benefit society; and
(4)
a group policy authorized to be issued under this article.
(m)
“Policy form” means the form on which the policy is delivered or issued for delivery in the State by the carrier.
Md. Code Ann., Ins. § 15-902 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–902LinkCopy Citation
This subtitle is not intended to prohibit or apply to policies, including group conversion policies, provided to Medicare eligible individuals, if the policies are not marketed or held to be Medicare supplement policies.
Md. Code Ann., Ins. § 15-903 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–903LinkCopy Citation
(a)
Notwithstanding any other provision to the contrary, this subtitle applies to:
(1)
Medicare supplement policies and subscriber contracts that are delivered or issued for delivery in the State after July 1, 1992;
(2)
certificates that are issued under group Medicare supplement policies or subscriber contracts, which certificates have been delivered or issued for delivery in the State;
(3)
individual or group Medicare supplement policies and certificates that are issued by nonprofit health service plans under Title 14, Subtitle 1 of this article;
(4)
Medicare supplement policies and certificates that are issued by fraternal benefit societies under Title 8, Subtitle 4 of this article; and
(5)
Medicare supplement group or blanket policies and certificates that are issued by insurers subject to Subtitle 3 of this title.
(b)
This subtitle does not apply to a policy of:
(1)
one or more employers or labor organizations; or
(2)
the trustees of a fund established by one or more employers or labor organizations for employees, members, former employees, or former members.
(c)
A health maintenance organization that enrolls members eligible for Medicare benefits under Title XVIII of the Social Security Act is subject to the requirements of this subtitle to the extent any of the provisions of this subtitle apply to the Medicare eligible members.
Md. Code Ann., Ins. § 15-904 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–904LinkCopy Citation
(a)
A carrier may not issue, deliver, or renew a Medicare supplement policy in the State unless the Medicare supplement policy complies with this subtitle.
(b)
(1)
Notwithstanding any other provision of this subtitle, an insurer or a nonprofit health service plan that is authorized to issue Medicare supplement policies under this article may issue Medicare supplement policies under the Medicare Select Program.
(2)
The requirements for a Medicare supplement policy issued under the Medicare Select Program shall be consistent with requirements set forth in the federal Omnibus Budget Reconciliation Act of 1990 and any subsequent relevant federal law and regulations.
(3)
The Maryland Department of Health shall determine the adequacy of the network established by an insurer or a nonprofit health service plan under the Medicare Select Program, as to the number of providers, geographic location, hours of operation, promptness of service, and range of services, in the same manner as determined for a health maintenance organization under §§ 19–705.1 and 19–705.2 of the Health – General Article.
(c)
The Commissioner may adopt regulations, in consultation with the Secretary of Health, to establish the requirements of the Medicare Select Program.
Md. Code Ann., Ins. § 15-905 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–905LinkCopy Citation
A carrier shall restore any benefit that was eliminated from a Medicare supplement policy because of the federal Medicare Catastrophic Coverage Act of 1988.
Md. Code Ann., Ins. § 15-906 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–906LinkCopy Citation
(a)
A Medicare supplement policy shall provide the minimum benefits required by federal law.
(b)
(1)
For benefits designed to cover deductibles or coinsurance amounts under Medicare, a Medicare supplement policy shall provide for an automatic change in those benefits to coincide with changes in applicable Medicare deductible and copayment provisions.
(2)
Subject to approval by the Commissioner, a carrier may reserve the right in a Medicare supplement policy to change premiums to correspond with changes in benefits under paragraph (1) of this subsection.
(c)
Payment of a benefit for a Medicare eligible expense under a Medicare supplement policy may be conditioned on the same or less restrictive payment conditions that apply to a Medicare claim, including the determination of medical necessity.
(d)
(1)
Unless otherwise expressly authorized under this article or a regulation adopted by the Commissioner under this article, coverage under a Medicare supplement policy may not be subject to any exclusion, limitation, or reduction that is inconsistent with the exclusions, limitations, or reductions under Medicare.
(2)
To the extent a benefit is available to the insured under Medicare, a Medicare supplement policy shall provide that coverage for the benefit is not duplicated.
(e)
If the insured is receiving medical assistance under Medicaid, a Medicare supplement policy shall provide for the suspension of policy benefits and premiums for a maximum of 24 months.
(f)
(1)
A Medicare supplement policy, contract, or certificate in force in the State may not provide benefits that duplicate benefits provided by Medicare.
(2)
Unless approved by the Commissioner, a Medicare supplement policy may not be offered at an introductory premium rate.
Md. Code Ann., Ins. § 15-907 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–907LinkCopy Citation
(a)
In this section, “low-dose mammography” means an x-ray examination of the breast using dedicated equipment, including an x-ray tube, filter, compression device, screens, films, and cassettes, specifically for mammography that delivers an average radiation exposure of less than one rad mid-breast with two views for each breast.
(b)
If the federal standard under § 1882(p) of the federal Social Security Act is amended to authorize the inclusion of an annual mammography screening benefit in the core group of basic benefits for Medicare supplement policies, a Medicare supplement policy shall provide for coverage for an annual screening by low-dose mammography for the presence of occult breast cancer.
Md. Code Ann., Ins. § 15-908 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–908LinkCopy Citation
The Commissioner shall approve Medicare supplement policies that include benefits in addition to the minimum benefits listed in § 15-906(a) of this subtitle if the Medicare supplement policies and benefits:
(1)
conform with the federal Omnibus Budget Reconciliation Act of 1990 and the Medicare Supplement Insurance Minimum Standards Model Act and any regulations under the Model Act adopted by the National Association of Insurance Commissioners; and
(2)
comply with the applicable provisions of this article.
Md. Code Ann., Ins. § 15-909 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–909LinkCopy Citation
(a)
This section does not extend the number of days of hospitalization offered under § 15–906(a) of this subtitle to the extent those days of hospitalization have been used under the original Medicare supplement policy.
(b)
(1)
If an application for a Medicare supplement policy or certificate is submitted during the 6–month period beginning with the first month in which an individual who is at least 65 years old first enrolls for benefits under Medicare Part B, a carrier:
(i)
may not deny or condition the issuance or effectiveness of the Medicare supplement policy or certificate or discriminate in the pricing of the Medicare supplement policy or certificate because of the health status, claims experience, receipt of health care, or medical condition of the applicant; or
(ii)
may not deny, reduce, or condition coverage or apply an increased premium rating to an applicant for a Medicare supplement policy because of the health status, claims experience, or medical condition of the applicant or the use of medical care by the applicant.
(2)
Notwithstanding paragraph (1)(ii) or (8)(iii)2 of this subsection, a carrier may include in a Medicare supplement policy a provision that complies with subsection (d) of this section.
(3)
A carrier that issues Medicare supplement policies in the State shall issue any Medicare supplement policy the carrier sells to an individual eligible for Medicare if the individual:
(i)
was enrolled in Medicare Part B while enrolled in the Maryland Medical Assistance Program;
(ii)
was not disenrolled or terminated from the Maryland Medical Assistance Program until at least 6 months following the effective date of enrollment in Medicare Part B;
(iii)
applies for the Medicare supplement policy during the 63–day period following the later of notice of termination or disenrollment or the date of termination from the Maryland Medical Assistance Program; and
(iv)
submits evidence of the date of termination or disenrollment from the Maryland Medical Assistance Program with the application for a Medicare supplement policy.
(4)
A carrier that issues Medicare supplement policies in the State shall issue any Medicare supplement policy currently open to new enrollees to an individual eligible for Medicare if the individual:
(i)
became eligible for Medicare before January 1, 2020;
(ii)
qualifies under any federal special enrollment period guaranteed issue right, including for plans issued on or after January 1, 2020;
(iii)
applies for the Medicare supplement policy during the 63–day period following the qualifying event for the federal special enrollment period guaranteed issue right; and
(iv)
submits evidence of the date of the qualifying event for the federal special enrollment period guaranteed issue right with the application for a Medicare supplement policy.
(5)
(i)
A carrier shall make available Medicare supplement policy plans A and D to an individual who is under the age of 65 years but is eligible for Medicare due to a disability, if an application for a Medicare supplement policy or certificate is submitted:
(1)
during the 6–month period following the applicant’s enrollment in Part B of Medicare; or
(2)
if the applicant is notified by Medicare of the applicant’s retroactive enrollment in Medicare, during the 6–month period following notification of enrollment in Medicare.
(ii)
For a Medicare supplement policy plan A or D required to be made available under subparagraph (i) of this paragraph, a carrier:
(1)
may not deny or condition the issuance or effectiveness of a Medicare supplement policy plan A or D because of the health status, claims experience, receipt of health care, or medical condition of the applicant; or
(2)
may not deny, reduce, or condition coverage to the applicant for a Medicare supplement policy plan A or D because of the health status, claims experience, or medical condition of the applicant or the use of medical care by the applicant.
(iii)
For a Medicare supplement policy plan A required to be made available under subparagraph (i) of this paragraph, a carrier may not charge individuals who are under the age of 65 years, but are eligible for Medicare due to a disability, a rate higher than the average of the premiums paid by all policyholders age 65 and older in the State who are covered under that plan A policy form.
(6)
A carrier may elect to offer Medicare supplement policy plans to individuals who are under the age of 65 years, but eligible for Medicare due to a disability, in addition to the Medicare supplement policy plans A and D that are required to be offered under paragraph (5)(i) of this subsection.
(7)
Paragraph (5) of this subsection may not be construed to require a carrier to offer a Medicare supplement policy plan to individuals who are under the age of 65 years, but are eligible for Medicare due to a disability, if the plan is not offered to individuals who are eligible for Medicare due to age.
(8)
(i)
This paragraph applies only on and after July 1, 2023.
(ii)
During the 30 days following the birthday of an individual enrolled in a Medicare supplement policy, a carrier shall make available to the individual different Medicare supplement policies with benefits that are equal to or less than the benefits of the individual’s existing coverage.
(iii)
(1)
For purposes of this paragraph, a Medicare supplement policy has equal or lesser benefits unless:
(A)
it contains one or more significant benefits not included in the Medicare supplement policy being replaced; or
(B)
it contains the same significant benefits included in the Medicare supplement policy being replaced but it reduces the cost–sharing responsibilities of the enrollee for the benefits.
(2)
The Commissioner shall adopt regulations establishing a matrix for identifying which Medicare supplement policies have equal or lesser benefits.
(iv)
For a Medicare supplement policy required to be made available under subparagraph (ii) of this paragraph, a carrier may not:
(1)
deny or condition the issuance or effectiveness of a Medicare supplement policy, or discriminate in the pricing of the policy, because of the health status, claims experience, or medical condition of the individual or the receipt of health care by the individual; or
(2)
deny, reduce, or condition coverage to the individual for a Medicare supplement policy because of the health status, claims experience, or medical condition of the individual or the use of medical care by the individual.
(v)
A carrier that offers Medicare supplement policies shall notify an insured of the insured’s rights under this paragraph at least 30 days, but not more than 60 days, before the insured’s birthday.
(c)
Regardless of the applicant’s age, each Medicare supplement policy or applicable certificate that a carrier currently has available shall be made available to each applicant who qualifies under subsection (b) of this section.
(d)
(1)
Notwithstanding any other provision of law, a Medicare supplement policy or certificate may not exclude or limit benefits for losses incurred more than 6 months after the effective date of coverage because the losses involved a preexisting condition.
(2)
A Medicare supplement policy or certificate may not define a preexisting condition more restrictively than a condition for which a physician gave medical advice or recommended or gave treatment within 6 months before the effective date of coverage.
(e)
If a Medicare supplement policy or certificate replaces another Medicare supplement policy or certificate, the succeeding carrier shall waive the time periods applicable to preexisting conditions, waiting periods, elimination periods, and probationary periods in the new Medicare supplement policy or certificate for similar benefits to the extent the time was spent under the original Medicare supplement policy or certificate.
(f)
A carrier may not cancel or nonrenew a Medicare supplement policy or certificate for any reason other than for nonpayment of premium or material misrepresentation.
(g)
(1)
(i)
If the group policyholder terminates a group Medicare supplement policy without replacing the group Medicare supplement policy under paragraph (3) of this subsection, the carrier shall offer each certificate holder an individual Medicare supplement policy.
(ii)
The carrier shall offer the certificate holder at least the following:
(1)
an individual Medicare supplement policy that provides for continuation of the benefits contained in the group policy; or
(2)
an individual Medicare supplement policy that provides only the benefits that are required under § 15–906(a) of this subtitle.
(2)
If membership in a group is terminated, the carrier:
(i)
shall offer the certificate holder the conversion options under paragraph (1) of this subsection; or
(ii)
at the option of the group policyholder, shall offer the certificate holder a continuation of coverage under the group Medicare supplement policy.
(3)
(i)
If a group Medicare supplement policy is replaced by another group Medicare supplement policy purchased by the same policyholder, the succeeding carrier shall offer coverage to each individual who was covered under the old group Medicare supplement policy on its date of termination.
(ii)
Under the new group Medicare supplement policy, coverage may not be excluded for a preexisting condition that would have been covered under the group Medicare supplement policy being replaced.
Md. Code Ann., Ins. § 15-910 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–910LinkCopy Citation
(a)
Each Medicare supplement policy or certificate shall have prominently printed on the first page of the policy or certificate or attached to it, a notice that states that the applicant may:
(1)
return the Medicare supplement policy or certificate within 30 days after its delivery; and
(2)
receive a refund of the premium if after examination of the Medicare supplement policy or certificate, the applicant is not satisfied for any reason.
(b)
The carrier shall pay a refund made under this section directly to the applicant in a timely manner.
Md. Code Ann., Ins. § 15-911 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–911LinkCopy Citation
(a)
In this section, “loss ratio” means the ratio of losses incurred to premiums earned on policies that are issued, delivered, or renewed in the State.
(b)
Medicare supplement policies shall return aggregate benefits that are reasonable in relation to the premium charged.
(c)
(1)
For purposes of administering this subtitle and §§ 12-203 through 12-205 of this article, the Commissioner shall adopt reasonable regulations to establish minimum standards for loss ratios of Medicare supplement policies.
(2)
The minimum standards for loss ratios shall be based on incurred claims experience and earned premiums in accordance with accepted actuarial principles and practices and the principles and standards of the National Association of Insurance Commissioners.
(d)
The minimum acceptable loss ratios for Medicare supplement policies are:
(1)
for group Medicare supplement policies, at least 75% of the aggregate amount of premiums earned; and
(2)
for individual Medicare supplement policies or subscriber contracts that are issued or renewed on a policy anniversary after July 1, 1991, at least 65% of the aggregate amount of premiums earned.
(e)
(1)
To demonstrate compliance with the applicable minimum loss ratio standards established in the State for Medicare supplement policies, each carrier that provides Medicare supplement policies or certificates in the State shall file annually with the Commissioner the carrier’s rates, rating schedule, and supporting documentation.
(2)
Each filing of rates and rating schedules shall demonstrate that the actual and expected losses in relation to premiums comply with the requirements of this subtitle.
(f)
The Commissioner may require a carrier to adjust rates or give credits or refunds to policyholders of Medicare supplement policies that in practice do not meet the minimum loss ratio standards required under this section.
Md. Code Ann., Ins. § 15-912 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–912LinkCopy Citation
(a)
The Commissioner shall adopt reasonable regulations to establish specific standards for policy provisions of Medicare supplement policies and certificates.
(b)
(1)
The standards adopted by the Commissioner are in addition to and shall be in accordance with applicable laws of the State, including this title and Title 14, Subtitle 1 of this article.
(2)
No requirement of this article that relates to minimum required policy benefits, other than the minimum standards contained in this subtitle, shall apply to Medicare supplement policies and certificates.
(c)
The standards may cover, but are not limited to:
(1)
terms of renewability;
(2)
initial and subsequent conditions of eligibility;
(3)
nonduplication of coverage;
(4)
probationary periods;
(5)
benefit limitations, exceptions, and reductions;
(6)
elimination periods;
(7)
replacement requirements;
(8)
recurrent conditions;
(9)
definitions of terms; and
(10)
any other provisions required under federal Medicare law or CMS regulations.
Md. Code Ann., Ins. § 15-913 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–913LinkCopy Citation
The Commissioner shall adopt reasonable regulations that specify prohibited policy provisions, not otherwise specifically authorized by statute, that in the opinion of the Commissioner are unjust, unfair, or unfairly discriminatory to any individual insured or proposed to be insured under a Medicare supplement policy or certificate.
Md. Code Ann., Ins. § 15-914 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–914LinkCopy Citation
The Commissioner shall adopt reasonable regulations to establish minimum standards for benefits, claim payments, marketing practices, and compensation arrangements and reporting practices for Medicare supplement policies and certificates.
Md. Code Ann., Ins. § 15-915 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–915LinkCopy Citation
(a)
The Commissioner shall adopt reasonable regulations as necessary to conform Medicare supplement policies and certificates to the requirements of federal law and regulations.
(b)
The regulations may include, but are not limited to, provisions that:
(1)
require rate adjustments, credits, or refunds if the Medicare supplement policies or certificates do not meet loss ratio requirements;
(2)
establish a uniform methodology for calculating and reporting loss ratios;
(3)
ensure public access to policies, premiums, and loss ratio information of carriers of Medicare supplement insurance;
(4)
establish a process for approving or disapproving policy forms and certificate forms; and
(5)
establish a policy for holding public hearings before approval of premium increases and a process for approving or disapproving proposed schedules of premium changes.
Md. Code Ann., Ins. § 15-916 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–916LinkCopy Citation
(a)
The Commissioner shall prepare in clear, plain English the text of a Medicare supplement buyer’s guide that carriers must provide to prospective buyers of Medicare supplement policies under this section.
(b)
The buyer’s guide shall:
(1)
contain an outline of Medicare coverage; and
(2)
include advice and other information about purchasing Medicare supplement policies, including a reference to the right of the buyer to cancel a Medicare supplement policy during the first 30 days after it is delivered, as provided in § 15-910 of this subtitle.
(c)
The Commissioner shall submit the text of the buyer’s guide for publication in the Maryland Register and at the same time send a copy of the text to the Department of Aging.
(d)
The carrier or insurance producer of the carrier shall deliver to the prospective buyer a Medicare supplement buyer’s guide that is printed in at least 12-point type:
(1)
before accepting an application;
(2)
when an existing policy is converted to a Medicare supplement policy; and
(3)
at any other time required by the Commissioner by regulation.
(e)
A carrier shall provide:
(1)
a copy of the Medicare supplement buyer’s guide to an individual covered under a group health insurance policy when the individual becomes eligible for Medicare by reason of age; and
(2)
any information required under § 15-919 of this subtitle that is applicable to the continuing coverage under the group health insurance policy of the individual eligible for Medicare.
(f)
(1)
The text of the Medicare supplement buyer’s guide shall be as the Commissioner submits for publication under subsection (c) of this section.
(2)
The form of the Medicare supplement buyer’s guide shall be as required by the Commissioner by regulation.
Md. Code Ann., Ins. § 15-917 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–917LinkCopy Citation
(a)
In order to provide for full and fair disclosure in the sale of Medicare supplement policies, a Medicare supplement policy or certificate may not be delivered in the State unless an outline of coverage is provided to the applicant at the time the application is delivered.
(b)
(1)
In this subsection, “format” means style, arrangements, and overall appearance, including the size, color, and prominence of type and arrangement of text and captions.
(2)
The Commissioner shall prescribe the format and content of the outline of coverage required by this section.
(3)
The outline of coverage shall include:
(i)
a description of the principal benefits and coverage provided in the Medicare supplement policy;
(ii)
a statement of the exceptions, reductions, and limitations contained in the Medicare supplement policy;
(iii)
a statement of the renewal provisions, including any reservation by the carrier of a right to change premiums;
(iv)
disclosure of the existence of any automatic renewal premium increases based on the policyholder’s age; and
(v)
a statement that the outline of coverage is a summary of the Medicare supplement policy that is issued or applied for and that the Medicare supplement policy should be consulted to determine governing contractual provisions.
Md. Code Ann., Ins. § 15-918 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–918LinkCopy Citation
(a)
The Commissioner may prescribe by regulation a standard form and the contents of an informational brochure for individuals eligible for Medicare by reason of age, which is intended to improve the buyer’s ability to choose the most appropriate coverage and to improve the buyer’s understanding of Medicare.
(b)
Except for direct response insurance policies, the Commissioner may require by regulation that the informational brochure be provided to each prospective insured eligible for Medicare at the time of delivery of the outline of coverage.
(c)
For direct response insurance policies, the Commissioner may require by regulation that the informational brochure be provided on request to a prospective insured eligible for Medicare by reason of age, but not later than the time of delivery of the policy.
Md. Code Ann., Ins. § 15-919 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–919LinkCopy Citation
(a)
(1)
Under any circumstance stated in this section, a carrier or insurance producer of a carrier shall give to a prospective buyer eligible for Medicare by reason of age a written statement as required, for each circumstance, by this section.
(2)
The written statement shall be given before the carrier or insurance producer accepts an application.
(b)
If the proposed policy excludes or limits benefits for preexisting conditions, a statement shall be given that describes in plain language the limitations or exclusions.
(c)
If the proposed policy provides coverage for care in a Medicare–approved skilled nursing facility, but the policy does not provide coverage for care in other nursing home facilities or for custodial or rest home care, a statement shall be given that describes clearly those expenses that the policy does not cover.
(d)
(1)
If the proposed policy does not comply with the requirements of §§ 15–904, 15–906, 15–907, and 15–908 of this subtitle for a Medicare supplement policy, a statement printed in 12–point type shall be given that:
“This policy (or certificate) is not a Medicare supplement policy (or certificate). It is not designed to fill the ‘gaps’ of Medicare. If you are eligible for Medicare, review the Medicare supplement buyer’s guide available from the company”.
(2)
The statement required by paragraph (1) of this subsection shall be printed on or attached to the first page of:
(i)
the policy form or certificate; or
(ii)
an outline of coverage delivered to the individual covered under the policy or certificate.
(3)
A carrier or insurance producer of a carrier need not provide the statement required under paragraph (1) of this subsection for:
(i)
a policy or certificate that is issued in accordance with a contract under § 1876 of the federal Social Security Act, 42 U.S.C. § 1395mm;
(ii)
a disability income policy; or
(iii)
a policy or contract of one or more employers or labor organizations or the trustees of a fund established by one or more employers or labor organizations or a combination of employers or labor organizations, for employees, former employees, a combination of employees or former employees, members, former members, or a combination of members or former members of the labor organization.
(4)
Notwithstanding paragraph (1) of this subsection, the Commissioner shall adopt regulations necessary to conform this subsection to the requirements of applicable federal law.
(e)
If the proposed policy provides accident–only benefits, a statement printed in 12–point type shall be given that contains the language in subsection (d) of this section and the following:
“This is an accident only policy. It does not pay benefits for loss due to sickness”.
Md. Code Ann., Ins. § 15-920 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–920LinkCopy Citation
The Commissioner may adopt regulations for captions or notice requirements, determined to be in the public interest and designed to inform prospective insureds that particular insurance coverages are not Medicare supplement coverages, for all health insurance policies sold to individuals eligible for Medicare, other than Medicare supplement policies or disability income policies.
Md. Code Ann., Ins. § 15-921 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–921LinkCopy Citation
The Commissioner may adopt reasonable regulations to govern the full and fair disclosure of the information in connection with the replacement of health insurance policies, subscriber contracts, or certificates by individuals eligible for Medicare.
Md. Code Ann., Ins. § 15-922 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–922LinkCopy Citation
(a)
(1)
In this section, “compensation” means any pecuniary or nonpecuniary remuneration related to the sale or renewal of a Medicare supplement policy or certificate.
(2)
“Compensation” includes bonuses, gifts, and finders’ fees.
(3)
“Compensation” does not include noncash prizes or awards.
(b)
A carrier or other entity may provide a commission or other compensation to an insurance producer or other representative for the sale of a Medicare supplement policy or certificate only if the first year commission or other first year compensation is not more than 200% of the commission or other compensation paid for selling or servicing the Medicare supplement policy or certificate in the second year or period.
(c)
A carrier or other entity must provide the same commission or other compensation in subsequent renewal years as the commission or other compensation provided in the second year or period and for no fewer than 5 renewal years.
(d)
If an existing Medicare supplement policy or certificate is replaced, the carrier or other entity may not provide to its insurance producers or other producers, and an insurance producer or other producer may not receive, compensation greater than the renewal compensation payable by the succeeding carrier on renewal Medicare supplement policies or certificates.
Md. Code Ann., Ins. § 15-922.1 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–922.1LinkCopy Citation
(a)
This section applies to a Medicare supplement policy issued:
(1)
under § 15–909(b)(6) of this subtitle; or
(2)
to an individual at least 65 years old.
(b)
A carrier shall pay the same commission rates to an insurance producer for the sale of a Medicare supplement policy without regard to whether the policy is sold during an open enrollment period, as an underwritten policy, or under § 15–909(b)(6) of this subtitle.
Md. Code Ann., Ins. § 15-923 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–923LinkCopy Citation
Each carrier that offers a Medicare supplement policy in the State shall provide a copy of any Medicare supplement advertisement that the carrier intends to use in the State whether through a written, radio, or television medium to the Commissioner for review at least 5 business days before the carrier uses the advertisement.
Md. Code Ann., Ins. § 15-924 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–924LinkCopy Citation
(a)
Solicitation of the sale of a health insurance policy proposed to be issued to an individual eligible for Medicare may be made only in accordance with this section and § 15-925 of this subtitle.
(b)
(1)
When soliciting the sale of a health insurance policy to an individual eligible for Medicare, a carrier or insurance producer shall ask the individual whether the individual:
(i)
is already covered by an existing Medicare supplement policy; and
(ii)
is entitled to Medicaid benefits.
(2)
The carrier or insurance producer shall obtain a written statement from the individual that verifies the individual’s information provided under paragraph (1) of this subsection.
(c)
When soliciting or advertising the sale of a health insurance policy to an individual eligible for Medicare, a carrier or insurance producer may not:
(1)
represent or imply that the carrier or insurance producer represents, works for, or is compensated by a federal, State, or local government agency;
(2)
falsely represent or imply that the carrier or insurance producer is offering insurance to supplement Medicare that is approved or recommended by a federal, State, or local government agency;
(3)
use terms such as “Medicare consultant”, “Medicare advisor”, “Medicare bureau”, or “disability insurance consultant” when describing the carrier or insurance producer in a letter, envelope, reply card, or any other writing or advertisement or in any oral representation; or
(4)
knowingly make a misrepresentation or incomplete or fraudulent comparison by commission or omission of a policy or carrier to induce or attempt to induce the individual to:
(i)
purchase, amend, lapse, surrender, forfeit, change, duplicate, or not renew coverage already in force;
(ii)
replace a policy that is only technically at variance with the policy being offered by the carrier or insurance producer; or
(iii)
take out a policy with another carrier.
Md. Code Ann., Ins. § 15-925 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–925LinkCopy Citation
(a)
When soliciting the sale of a health insurance policy, a carrier or insurance producer may not knowingly offer a Medicare supplement policy to an individual not eligible for Medicare.
(b)
A carrier or insurance producer may only sell or offer to sell a Medicare supplement policy to an individual eligible for Medicaid benefits in accordance with the provisions of 42 U.S.C. § 1395ss and this subtitle.
(c)
A carrier or insurance producer may not negligently or knowingly sell or offer to sell to an individual a Medicare supplement policy that duplicates to any extent an existing Medicare supplement policy that covers that individual.
(d)
A carrier or insurance producer may not use the terms “Medicare supplement”, “Medigap”, or other words of similar meaning in advertising or otherwise in soliciting the sale of a health insurance policy or other policy, unless the policy conforms to §§ 15-904, 15-906, 15-907, and 15-908 of this subtitle.
Md. Code Ann., Ins. § 15-926 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–926LinkCopy Citation
(a)
Each carrier that issues Medicare supplement policies shall provide to CMS any data, statistics, or other information that CMS requests about the carrier’s Medicare supplement policies.
(b)
On request from CMS, the Commissioner may provide to CMS any information about Medicare supplement policies that are issued in the State.
Md. Code Ann., Ins. § 15-927 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–927LinkCopy Citation
In addition to any other applicable penalties for violations of this article, the Commissioner may require a carrier that violates this subtitle or a regulation adopted under this subtitle to cease marketing any Medicare supplement policy or certificate in the State that is related directly or indirectly to the violation, or may require the carrier to take actions necessary to comply with this subtitle, or both.
Md. Code Ann., Ins. § 15-928 (2026)
Title 15. Health Insurance
Subtitle 9. Medicare Supplement Act
§ 15–928LinkCopy Citation
This subtitle is the Medicare Supplement Act.