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<chapter num="01" heading="Health Insurance" title_num="31" subtitle_num="10">
  <regulation prefix="Regulation" num=".01" heading="Applicability.">
    <text>Every health insurance policy issued under Insurance Article, Title 15, Annotated Code of Maryland, as amended to date, shall comply with this chapter (except that Regulation .03D and J of this chapter are not applicable to policies issued under Insurance Article, Title 13, Subtitle 3), as well as with any other regulations promulgated under Insurance Article, §12-203, concerning the submission of forms. As used in these regulations, the word “forms” includes applications, policies, certificates, contracts, riders, and endorsements except when the context indicates otherwise.</text>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Definition.">
    <paragraph num="A.">
      <text>In this chapter, the following terms have the meanings indicated.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Terms Defined.</text>
      <paragraph num="(1)">
        <text>“Carrier” means a person that is:</text>
        <paragraph num="(a)">
          <text>An insurer; or</text>
        </paragraph>
        <paragraph num="(b)">
          <text>A nonprofit health service plan.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(2)">
        <text>“Health benefit plan” has the meaning stated in Insurance Article, §15-1301, Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>“Individual health benefit plan” means a health benefit plan issued by a carrier to a policyholder to cover:</text>
        <paragraph num="(a)">
          <text>The policyholder;</text>
        </paragraph>
        <paragraph num="(b)">
          <text>The policyholder's dependents; or</text>
        </paragraph>
        <paragraph num="(c)">
          <text>The policyholder and the policyholder's dependents.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(4)">
        <text>“Mail” means first class mail or compliance with the Uniform Electronics Transactions Act, Commercial Law Article, Title 21, Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(5)">
        <text>“Policyholder” means the person to whom the carrier’s contract is issued.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Filing of Health Insurance Forms for Approval.">
    <paragraph num="A.">
      <text>The filing of a form shall be accompanied by the filing of premium rates for it. Subsequent changes in premium rates shall be filed with supporting data at least 90 days before the date any change in the rate is proposed to become effective.</text>
    </paragraph>
    <paragraph num="A-1.">
      <text>A carrier submitting forms for approval, or premiums for forms pending approval or previously approved, shall print or type in a conspicuous manner immediately below the name of the carrier on the letter of transmittal the carrier’s National Association of Insurance Commissioners (NAIC) company code number.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Any name or title of a policy should be printed in a size of type smaller than that used for the name of the carrier.</text>
    </paragraph>
    <paragraph num="C.">
      <text>Reference to a standard of time shall specify time at the place the insured resides, or at the place the accident or illness occurs, or at the place the policy is delivered.</text>
    </paragraph>
    <paragraph num="D.">
      <text>A form will not be approved for issuance at any age which does not provide a reasonable period of full coverage before the age at which benefits terminate or are substantially reduced.</text>
    </paragraph>
    <paragraph num="E.">
      <text>If a rider or endorsement reduces or eliminates coverage of a policy, signed acceptance by the policyowner at the time of or before delivery of the policy is required.</text>
    </paragraph>
    <paragraph num="F.">
      <text>Any form which by its terms provides that only one of several benefits will be payable as a result of any one accident or sickness shall state that the largest of the benefits will be payable.</text>
    </paragraph>
    <paragraph num="G.">
      <text>If the claimant has the right to elect alternative benefits, the time allowed for the election shall be not less than 90 days from the date of the accident or commencement of the loss.</text>
    </paragraph>
    <paragraph num="H.">
      <text>If payment of benefits is related to the first visit of a physician or the date of the first medical attendance, this stipulation shall appear in the benefit provision to which it applies.</text>
    </paragraph>
    <paragraph num="I.">
      <text>Payment of benefits may be limited in duration to the time the insured is under the care of a physician, but may not be conditioned upon any specified frequency of visits or attendance by the physician.</text>
    </paragraph>
    <paragraph num="J.">
      <text>Except in the case of group health insurance, if any policy provision terminates upon entry of the insured into military service, or if the policy excludes any coverage while the insured is in military service, the policy shall provide for a refund upon request of the policyowner of pro rata unearned premium for any period during which the insured is not covered. However, if coverage is excluded only for loss resulting from military service while in military service, a refund is not required. In policies of noncancellable or guaranteed renewable health insurance, when the coverage is automatically reinstated upon discharge from military service or within a stated period not exceeding 6 months after discharge, a refund is not required.</text>
    </paragraph>
    <paragraph num="K.">
      <text>In lieu of the definitions contained in §§L, M, and N of this regulation, the policy may contain a definition which, in the opinion of the Commissioner, is not less favorable to the policyholder.</text>
    </paragraph>
    <paragraph num="L.">
      <text>During at least the first 12 months, or the first 52 weeks, of disability, total disability for which benefits may become due and payable shall be defined as “inability by reason of injury or sickness to perform each and every duty pertaining to the insured's occupation”. After the first 12 months, or the first 52 weeks, of disability, total disability may be defined as “inability to perform each and every duty of any business or occupation for which the insured is reasonably fitted by education, training and experience”.</text>
    </paragraph>
    <paragraph num="M.">
      <text>Partial disability shall be defined as “inability to perform one or more, but not all, of the important daily duties of the insured's occupation”.</text>
    </paragraph>
    <paragraph num="N.">
      <text>If a form provides coverage due to the wrecking or disablement of, or material damage to, an automobile, elevator, or other conveyance in which the insured is a passenger at the time of the accident, the wrecking, disablement, or material damage shall be defined substantially as damage which necessitates repair in order to place the conveyance in as good a condition as it was before the accident.</text>
    </paragraph>
    <paragraph num="O.">
      <text>An exception excluding liability for chronic or organic disease will not be permitted. Any disease to be excluded from coverage shall be stated with sufficient clarity so as to be readily identifiable.</text>
    </paragraph>
    <paragraph num="P.">
      <text>A provision may not contain the words “reimburse” or “reimbursement” or the phrase “amount actually expended”. A benefit may not be conditioned on the payment by the claimant of expenses for which the policy provides a benefit.</text>
    </paragraph>
    <paragraph num="Q.">
      <text>A form may not contain the phrase “strict compliance” or words of similar import.</text>
    </paragraph>
    <paragraph num="R.">
      <text>Except in the case of a health benefit plan, in any policy form in which the carrier has the right to change premium rates, the policy shall provide that notice of any increase in rates shall be given to the policyholder by mail at least 40 days before the expiration of the grace period applicable to the first increased premium.</text>
    </paragraph>
    <paragraph num="S.">
      <text>In any individual health benefit plan in which the carrier has the right to change premium rates, the health benefit plan shall provide that notice of any increase in premium rates shall be given to the policyholder by mail at least 45 days before the change in premium rates is proposed to become effective.</text>
    </paragraph>
    <paragraph num="T.">
      <text>A noncancellable or guaranteed renewable family health insurance policy which covers the spouse of the insured shall provide that, in the event of the death of the insured applicant, the spouse will become the successor insured.</text>
    </paragraph>
  </regulation>
  <annotations>
    <annotation type="Authority">Insurance Article, §§2-109, 12-203, 12-205, 13-110(a), 13-111(b), 14-109(3)(iv), 14-126(a)(1), 14-405(b)(9),14-410(c), 15-903, 15-904, 15-906 — 15-908, and 15-911,; Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: June 1, 1965</annotation>
    <annotation type="History" subtype="Administrative History">Amended effective May 1, 1968</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .02A-1 adopted effective July 19, 1993 (20:13 Md. R. 1169)</annotation>
    <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 09.30.44 to COMAR 31.10.01 effective September 7, 1998 (25:18 Md. R. 1439)</annotation>
    <annotation type="History" subtype="Administrative History">Chapter revised effective September 17, 2012 (39:18 Md. R. 1198)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .02B amended effective May 9, 2016 (43:9 Md. R. 532)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .03S amended effective May 9, 2016 (43:9 Md. R. 532)</annotation>
  </annotations>
</chapter>