# Insurance (GIN)

## Title 27. Unfair Trade Practices and Other Prohibited Practices

### Subtitle 2. Unfair Methods of Competition and Unfair and Deceptive Acts or Practices

#### Section 27-221

(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 Sec. 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.

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Md. Code Ann., Ins. (as displayed at mgaleg.maryland.gov, October 16, 2026)
