# Insurance (GIN)

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

### Subtitle 9. Miscellaneous Provisions

#### Section 27-901

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Credit life or disability insurance" means a type of insurance that will pay all or part of an individual's debt on the death or disability of the individual.

  (3) "Finance charge" has the meaning stated in Sec. 12-501 of the Commercial Law Article.

  (4) "Retail credit account" has the meaning stated in Sec. 12-501 of the Commercial Law Article.

(b) A person may not make, issue, charge, or cause to be made, issued, or charged to an individual any type of premium for credit life or disability insurance without the express written consent of the individual.

(c) The computation of a finance charge in a retail credit account may not be based in any part on the premiums due under a policy of credit life or disability insurance.

#### Section 27-902

(a) A policy or contract of motor vehicle insurance may not be canceled or nonrenewed solely because of:

  (1) the age of the holder of the policy or contract; or

  (2) the physical handicap or disability of the holder of the policy or contract.

(b) The premium for a policy or contract of motor vehicle insurance may not be increased solely because:

  (1) an insured under the policy or contract is older than 65 years of age; or

  (2) the holder of the policy or contract has a physical handicap or disability, unless there is actuarial justification for the increase.

#### Section 27-903

An insurer that submits to its policyholder a notice of initial or renewal premium due shall indicate the kind of insurance coverage for which the policyholder is being charged.

#### Section 27-904

An annuity contract may not contain a provision that reduces payments to an individual entitled to receive annuity payments under the contract because the individual receives an increase in Social Security payments.

#### Section 27-905

(a) An insurer may not send a billing statement to a policyholder under a policy or contract of motor vehicle liability insurance unless the billing statement includes a date by which any payment due under the billing statement must be received by the insurer for the insurance coverage to continue without penalty.

(b) An insurer may not use false or misleading language in a billing statement to induce the policyholder to pay a premium before it is required by the insurer.

#### Section 27-906

An insurer that issues or delivers in the State a policy of motor vehicle liability insurance that provides coverage for the repair of physical damage to the motor vehicle shall provide, on request of the insured, a copy of the warranty for aftermarket crash parts, if available.

#### Section 27-907

An insurer that issues or renews a private passenger motor vehicle insurance policy in the State shall give an actuarially justified discount in rate to each individual who has completed the immediately preceding 3 years of continuous coverage with that insurer without a moving traffic violation, with not more than one point, and with no chargeable traffic accident.

#### Section 27-909

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Gene product" means the biochemical material, either RNA or protein, made by a gene.

  (3)

    (i) "Genetic information" means information:

      (1) about chromosomes, genes, gene products, or inherited characteristics that may derive from an individual or a family member;

      (2) obtained for diagnostic and therapeutic purposes; and

      (3) obtained at a time when the individual to whom the information relates is asymptomatic for the disease.

    (ii) "Genetic information" does not include:

      (1) routine physical measurements;

      (2) chemical, blood, and urine analyses that are widely accepted and in use in clinical practice;

      (3) tests for use of drugs; or

      (4) tests for the presence of the human immunodeficiency virus.

  (4) "Genetic services" means health services that are provided to obtain, assess, and interpret genetic information for diagnostic and therapeutic purposes and for genetic education and counseling.

  (5) "Genetic test" means a laboratory test of human chromosomes, genes, or gene products that is used to identify the presence or absence of inherited or congenital alterations in genetic material that are associated with disease or illness.

(b) This section does not apply to life insurance policies, annuity contracts, long-term care insurance policies, or disability insurance policies.

(c) An insurer, nonprofit health service plan, or health maintenance organization may not:

  (1) use a genetic test, the results of a genetic test, genetic information, or a request for genetic services, to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms or conditions of, or otherwise affect a health insurance policy or contract;

  (2) request or require a genetic test, the results of a genetic test, or genetic information for the purpose of determining whether or not to issue or renew health benefits coverage; or

  (3) release identifiable genetic information or the results of a genetic test to any person who is not an employee of the insurer, nonprofit health service plan, or health maintenance organization or a participating health care provider who provides medical services to insureds or enrollees without the prior written authorization of the individual from whom the test results or genetic information was obtained.

(d) Disclosure of identifiable genetic information to an employee or health care provider authorized under subsection (c)(3) of this section shall only be for the purpose of:

  (1) providing medical care to patients; or

  (2) conducting research that has been approved by an institutional review board established in accordance with federal law.

(e) The authorization described in subsection (c)(3) of this section is required for each disclosure and shall describe the individual or entities making the disclosure, to whom the disclosure is to be made, and the information to be disclosed.

(f)

  (1) For purposes of this subsection, Sec.Sec. 4-113 and 4-114 of this article and Sec.Sec. 27-501 and 27-505 of this title apply to nonprofit health service plans and health maintenance organizations.

  (2) The Commissioner may issue an order under Sec.Sec. 4-113 and 4-114 of this article and Sec.Sec. 27-501 and 27-505 of this title if the Commissioner finds a violation of this section.

#### Section 27-909.1

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Genetic test" means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites that detects genotypes, mutations, or chromosomal changes.

  (3) "Insurance carrier" means a company authorized to sell insurance policies in the State.

(b)

  (1) This section applies only to life insurance and disability insurance policies or contracts.

  (2) This section does not prohibit an insurance carrier that offers, issues, or delivers a life insurance or disability insurance policy or contract in the State from:

    (i) accessing an applicant's medical record as part of the application process; or

    (ii) considering a medical diagnosis included in an individual's medical record, even if the diagnosis was based on the results of a genetic test.

(c)

  (1) Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, an insurance carrier that offers, issues, or delivers a life insurance or disability insurance policy or contract in the State may not unfairly discriminate against an individual by conditioning insurance rates, the provision or renewal of insurance coverage, or other conditions of insurance based on medical information, including the results of a genetic test for which there is not a relationship between the medical information and the cost of the insurance risk that the insurer would assume by insuring the applicant.

  (2) In demonstrating the relationship described in paragraph (1) of this subsection, the insurer may rely on actuarially sound principles or actual or reasonably anticipated experience.

  (3) An insurance carrier that offers, issues, or delivers a life insurance or disability insurance policy or contract in the State may not:

    (i) access sensitive medical information, including the genetic data of an individual, without first obtaining the individual's signed, written consent; or

    (ii) mandate existing or new genetic testing or full genome sequencing as a prerequisite for life insurance or disability insurance eligibility or coverage.

  (4) The insurance carrier, applicant, or policy or contract holder may not waive the provisions of paragraph (3)(ii) of this subsection under any circumstances.

(d) The Commissioner may issue an order under Sec.Sec. 4-113 and 4-114 of this article or Sec.Sec. 27-501 and 27-505 of this title if the Commissioner finds a violation of this section.

#### Section 27-910

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Enrollee" means an individual or member of an association or other private group arrangement entitled to health care services from a health network.

  (3) "Health care service" has the meaning stated in Sec. 19-701 of the Health - General Article.

  (4) "Health network" means an entity that:

    (i) holds a certificate of authority under this article or Title 19, Subtitle 7 of the Health - General Article; and

    (ii) is organized to provide health care services to individuals or an enrolled population in a regional or service area.

(b) A health network may not deny health care services to an enrollee on the basis of sex, sexual orientation, gender identity, race, age, religion, national origin, or a protected category under the Americans with Disabilities Act.

#### Section 27-911

(a) Each authorized insurer doing business in the State shall accept and honor each request by a policyholder for a change of insurance producer of record within 30 working days after receipt of the request unless the policyholder withdraws the request in writing.

(b) The new insurance producer of record must have a current appointment and contract with the authorized insurer before the change of insurance producer of record will be effective.

(c)

  (1) Subject to the provisions of paragraph (2) of this subsection, the new insurance producer of record shall be paid all commissions payable on the policy effective not later than the next anniversary date of the policy following the effective date of change.

  (2) The commissions payable under paragraph (1) of this subsection do not include:

    (i) vested life insurance commissions;

    (ii) supplemental health insurance commissions; or

    (iii) commissions or other compensation payable under an insurer's retirement or deferred compensation plan with the insurance producer.

(d) A request for a change of insurance producer of record shall:

  (1) be in writing; and

  (2) include:

    (i) the policyholder's name and address;

    (ii) the authorized insurer's name and address;

    (iii) the policy number;

    (iv) the name and address of the new insurance producer of record;

    (v) the date of the request;

    (vi) the signature of the policyholder; and

    (vii) the signature of acceptance by the new insurance producer.

(e) This section does not require an authorized insurer to:

  (1) appoint and contract with an insurance producer of record;

  (2) alter an insurer's existing contract with an insurance producer which provides for direct compensation in lieu of commission; and

  (3) require the payment of full commissions to a new insurance producer where the original writing insurance producer or current insurance producer continues to have responsibility for processing and matters relating to the policyholder.

#### Section 27-912

An insurer that accepts a transfer of the insurance business of a group of policyholders from an independent insurance producer may treat the policies transferred as renewals and not as new policies for underwriting purposes.

#### Section 27-913

(a) This section applies to:

  (1) insurers and nonprofit health service plans that provide hospital, medical, or surgical benefits to individuals or groups on an expense-incurred basis under health insurance policies or contracts that are issued or delivered in the State; and

  (2) health maintenance organizations that provide hospital, medical, or surgical benefits to individuals or groups under contracts that are issued or delivered in the State.

(b) Unless otherwise provided by law, an entity subject to this section may not make benefits under a policy or contract issued or delivered by the entity in the State for the treatment of a specified disease or diagnosis subject to different copayment amounts, coinsurance, deductibles, annual maximum limits, or lifetime maximum limits than those that apply to all other diseases covered under the policy or contract.

#### Section 27-914

(a) This section does not apply to life insurance policies, annuity contracts, long-term care insurance policies, or disability insurance policies.

(b) An insurer that provides health insurance, a nonprofit health service plan, or a health maintenance organization may not use race or ethnicity data to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms or conditions of, or otherwise affect a health insurance policy or contract.

(c) The Commissioner may issue an order under Sec.Sec. 4-113 and 4-114 of this article and Sec.Sec. 27-501 and 27-505 of this title if the Commissioner finds a violation of this section.

#### Section 27-915

(a) In this section, "organ transplantation" means the transplantation or transfusion of a human body part into the body of another individual for the purpose of treating or curing a medical condition.

(b) This section applies to:

  (1) insurers and nonprofit health service plans that provide coverage for organ transplantation to individuals or groups on an expense-incurred basis under health insurance policies or contracts that are issued or delivered in the State; and

  (2) health maintenance organizations that provide coverage for organ transplantation to individuals or groups under contracts that are issued or delivered in the State.

(c) An entity subject to this section may not deny coverage for an organ transplantation solely on the basis of an insured's or enrollee's disability.

(d) This section may not be construed to require an entity subject to this section to provide coverage for an organ transplantation that is not medically necessary.

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