Plain Text Law

§ 27–221

Statutes in effect as of October 1, 2026.

Md. Code Ann., Ins. § 27-221 (2026)
Title 27. Unfair Trade Practices and Other Prohibited Practices
Subtitle 2. Unfair Methods of Competition and Unfair and Deceptive Acts or Practices

§ 27–221Copy Citation

(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Carrier” means a person that is:
(i)
an insurer that holds a certificate of authority in the State and provides health insurance in the State;
(ii)
a health maintenance organization that holds a certificate of authority to operate in the State; or
(iii)
a nonprofit health service plan that holds a certificate of authority to operate in the State.
(3)
“Health coverage” means any of the following:
(i)
a health insurance contract that is issued or delivered in the State by an insurer;
(ii)
a contract that is issued or delivered in the State by a nonprofit health service plan; or
(iii)
a contract that is issued or delivered in the State by a health maintenance organization.
(4)
“Health status-related factor” has the meaning stated in § 15-1301 of this article.
(5)
“Individual contract” means a contract between a carrier and an individual covering:
(i)
the individual;
(ii)
the individual and the individual’s family members; or
(iii)
the family members of the individual.
(6)
(i)
“Reunderwrite” means to reevaluate any health status-related factor, occupation, hobby, or activity of an individual for the purpose of:
(1)
terminating health coverage of the individual; or
(2)
moving the individual from a more favorable rate class to a less favorable rate class.
(ii)
“Reunderwrite” does not include:
(1)
moving an individual from one rate tier to another rate tier solely due to the addition or deletion of a family member under the health coverage;
(2)
increasing the premium under an attained age rated contract solely due to the increasing age of the individual covered under the health coverage;
(3)
on receipt of an application from an insured to increase the benefits under an existing contract, evaluating the health status-related factors, occupation, hobbies, or activities of the insured for the purpose of increasing the benefits under the contract; or
(4)
during the period in which a carrier has the right to contest a policy, denying a claim, amending the policy, making an adjustment to the premium, or rescinding the policy based on a material misrepresentation or fraud in the application.
(b)
A carrier may not reunderwrite an individual for health coverage under an individual contract after the individual contract has been issued.