# COMAR Title 14 — Independent Agencies

## Subtitle 35 — Maryland Health Benefit Exchange

### Chapter 11 — Fair Hearings of Individual Exchange Eligibility Determinations

#### Regulation .03 Opportunity for a Fair Hearing.

*COMAR 14.35.11.03*

A. An opportunity for a fair hearing shall be granted if an applicant claims that:

  (1) The determination or redetermination received from the Exchange of the applicant’s eligibility for enrollment in a qualified health plan is incorrect;

  (2) The determination or redetermination received from the Exchange of the applicant’s eligibility for an insurance affordability program is incorrect; or

  (3) The determination or redetermination received from the Exchange of the applicant’s eligibility for enrollment in a qualified health plan or an insurance affordability program is untimely as set forth in applicable law.

B. The administrative law judge need not grant a fair hearing if the sole issue is a federal or State law requiring an automatic change adversely affecting some or all applicants.