<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 14.35.14.08" title_num="14" subtitle_num="35" chapter_num="14" heading="Cancellation.">
  <paragraph num="A.">
    <text>An individual’s enrollment in a QHP may be canceled only if:</text>
    <paragraph num="(1)">
      <text>The enrollee requests voluntary cancellation of the enrollee’s enrollment to the Exchange or the carrier under §C of this regulation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The enrollee’s coverage is rescinded under 45 CFR §147.128; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The enrollee does not provide the first month’s premium required to effectuate an enrollment by the due dates set forth at COMAR 14.35.07.11F.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>To request cancellation of the individual’s enrollment under §A of this regulation, the individual shall notify the Exchange or the carrier of the request to cancel before or on the last day of the month prior to the date the coverage begins.</text>
  </paragraph>
  <paragraph num="C.">
    <text>An enrollee may retroactively cancel the enrollee’s coverage if:</text>
    <paragraph num="(1)">
      <text>The enrollee attempted to cancel the enrollee’s coverage and the enrollee experienced a technical error that did not allow the enrollee to cancel the enrollee’s coverage;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The enrollee’s enrollment in a QHP through the Exchange was unintentional, inadvertent, or erroneous and was the result of the error or misconduct of an officer, employee, or agent of the Exchange, its instrumentalities, or a non-Exchange entity providing enrollment assistance or conducting enrollment activities; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The enrollee was enrolled in a QHP without the enrollee’s knowledge or consent by any third party, including third parties who have no connection with the Exchange.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Misconduct under §C(2) of this regulation means the failure of an officer, employee, or agent of the Exchange or HHS, its instrumentalities, or a non-Exchange entity providing enrollment assistance or conducting enrollment activities to comply with applicable standards under COMAR 14.35.14 or other applicable State or federal laws as determined by the Exchange.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Except as specified in §F of this regulation, the enrollee shall request cancellation under §C of this regulation by notifying the Exchange of the request:</text>
    <paragraph num="(1)">
      <text>Within 60 days after the enrollee discovered the technical error under §C(1) of this regulation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Within 60 days of discovering the unintentional, inadvertent, or erroneous enrollment under §C(2) of this regulation; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Within 60 days of discovering of the enrollment under §C(2) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>If the enrollee discovers an enrollment under §C of this regulation in the previous calendar year, the enrollee shall request termination under §C of this regulation by notifying the Exchange of the request by the end of March in the calendar year immediately following the calendar year with the enrollment under §C of this regulation.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Notification to the Exchange under §§E and F of this regulation shall be satisfied if the enrollee provides notice:</text>
    <paragraph num="(1)">
      <text>To an Exchange-certified navigator, an Exchange-authorized broker or an Exchange-certified consolidated service center representative; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Using any of the methods of communication listed under COMAR 14.35.07.03B.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>The effective date of the cancellation under §C of this regulation shall be:</text>
    <paragraph num="(1)">
      <text>For a retroactive cancellation under §C(1) or (2) of this regulation:</text>
      <paragraph num="(a)">
        <text>The day before the original coverage effective date; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A later date, as determined appropriate by the Exchange, based on the circumstances of the cancellation; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>For a retroactive cancellation under §C(3) of this regulation, the day before the original coverage effective date.</text>
    </paragraph>
  </paragraph>
</regulation>