# COMAR Title 14 — Independent Agencies

## Subtitle 35 — Maryland Health Benefit Exchange

### Chapter 07 — Eligibility Standards for Enrollment in a Qualified Health Plan, Eligibility Standards for APTC and CSR, and Eligibility Standards for Enrollment in a Catastrophic Qualified Health Plan in the Individual Exchange

#### Regulation .13 Special Enrollment Periods — Change in Family Status Through the Individual Exchange.

*COMAR 14.35.07.13*

A. A qualified individual, an enrollee, a qualified individual’s dependent, and an enrollee’s dependent are eligible for a special enrollment period for change in family status if the qualified individual or enrollee gains a dependent or becomes a dependent through:

  (1) Marriage;

  (2) Birth;

  (3) Adoption;

  (4) Placement for adoption;

  (5) Placement in foster care;

  (6) A child support order; or

  (7) Other court order.

B. An enrollee is eligible for a special enrollment period for change in family status if the enrollee loses a dependent or is no longer considered a dependent through:

  (1) Divorce;

  (2) Legal separation; or

  (3) Death.

C. Family status changes shall be determined in accordance with the law of the state where the change in family status occurred.

D. If eligible for a special enrollment period under this regulation, a qualified individual, an enrollee, a qualified individual’s dependent or an enrollee’s dependent shall select a QHP within 60 days of the change in family status under §§A and B of this regulation.

E. Enrollment in a QHP selected by a qualified individual, an enrollee, the qualified individual’s dependent, or the enrollee’s dependent during a special enrollment period under this regulation shall be effective:

  (1) For marriages, the first day of the month following the date that the Individual Exchange receives the QHP selection;

  (2) For birth, adoption, placement for adoption, placement in foster care, or court order, on a date chosen by the qualified individual or enrollee that is either:

    (a) The date of birth, adoption, placement for adoption, placement in foster care, or effective date of court order; or

    (b) The first day of the month following the date that the Individual Exchange receives the QHP selection;

  (3) In the case of death, the first day of the month following the date that the Individual Exchange receives the QHP selection; and

  (4) For divorces or legal separation:

    (a) Before January 1, 2025:

      (i) The first date of the following month for QHP selections received by the Individual Exchange between the first and the 15th day of the month; or

      (ii) The first day of the next following month for QHP selections received by the Individual Exchange between the 16th and the last day of a month; or

    (b) On or after January 1, 2025, the first day of the month following the date that the Individual Exchange receives the QHP selection.