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<regulation prefix="Regulation" num=".03" citation="COMAR 31.10.35.03" title_num="31" subtitle_num="10" chapter_num="35" heading="Domestic Partner Coverage.">
  <paragraph num="A.">
    <text>The term “domestic partner” in a contract or rider to a contract shall include individuals of the same and the opposite sex.</text>
  </paragraph>
  <paragraph num="B.">
    <text>If an individual makes an application to include a domestic partner or a child dependent of a domestic partner as a dependent under a contract, the carrier may require the individual to submit not more than the following as proof of the domestic partner relationship:</text>
    <paragraph num="(1)">
      <text>The affidavit described in §C of this regulation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Proof that the individual meets one criteria from §D of this regulation; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Proof that the individual meets one criteria from §E of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Affidavit Attesting to Domestic Partnership.</text>
    <paragraph num="(1)">
      <text>An affidavit signed by both the insured and the domestic partner shall include only the following attestations:</text>
      <paragraph num="(a)">
        <text>Both individuals are 18 years old or older;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Neither individual is related to the other by blood or marriage within four degrees of consanguinity under civil law rule;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Neither individual is married or in a civil union or domestic partnership with another individual;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Both individuals have been financially interdependent for at least 6 consecutive months prior to application in which each individual contributes to some extent to the other individual's maintenance and support with the intention of remaining in the relationship indefinitely; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Both individuals share a common primary residence.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Carriers may develop their own affidavits or may use the affidavit set forth in §C(3) of this regulation.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The following is a sample affidavit that complies with the requirements of §B(1) of this regulation:AFFIDAVIT OF DOMESTIC PARTNERSHIP</text>
    </paragraph>
  </paragraph>
  <text>Instructions:</text>
  <text>In order to enroll your Domestic Partner for medical benefits, you and your Domestic Partner must sign this Affidavit of Domestic Partnership. Please carefully read this Affidavit and the information below.</text>
  <text>Both you and your Domestic Partner must certify that you are Domestic Partners by completing and signing below.</text>
  <text>I, {Name of Subscriber} and {Name of Partner} certify that we are Domestic Partners and that we:</text>
  <paragraph num="1.">
    <text>Are at least 18 years old;</text>
  </paragraph>
  <paragraph num="2.">
    <text>Are not related to the other by blood or marriage within four degrees of consanguinity under civil law rule;</text>
  </paragraph>
  <paragraph num="3.">
    <text>Are not married or in a civil union or domestic partnership with another individual;</text>
  </paragraph>
  <paragraph num="4.">
    <text>Have been financially interdependent for at least 6 consecutive months prior to application in which each individual contributes to some extent to the other individual's maintenance and support with the intention of remaining in the relationship indefinitely; and</text>
  </paragraph>
  <paragraph num="5.">
    <text>Share a common primary residence.</text>
  </paragraph>
  <text>We understand that a civil action may be brought against us for losses, including reasonable attorney fees and court costs, because of willful falsification of information in this Affidavit of Domestic Partnership.</text>
  <text>We understand that willful falsification of information contained in this Affidavit may result in our termination of enrollment.</text>
  <text>We certify under penalty of perjury under applicable state laws, that the foregoing is true and accurate to the best of our knowledge.</text>
  <text>_________________________________________________________________________</text>
  <text>Signature of Subscriber	Date</text>
  <text>_________________________________________________________________________</text>
  <text>Signature of Domestic Partner	Date</text>
  <paragraph num="D.">
    <text>The carrier shall accept any one of the following documents as proof of a common primary residence between domestic partners:</text>
    <paragraph num="(1)">
      <text>Common ownership of the primary residence via joint deed or mortgage agreement;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Common leasehold interest in the primary residence;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Driver's license or State-issued identification listing a common address; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Utility or other household bill with both the name of the insured and the name of the domestic partner appearing.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>The carrier shall accept any one of the following documents as proof of financial interdependence between domestic partners:</text>
    <paragraph num="(1)">
      <text>Joint bank account or credit account;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Designation as the primary beneficiary for life insurance or retirement benefits of the domestic partner;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Designation as primary beneficiary under the domestic partner's will;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Mutual assignments of valid durable powers of attorney under Estates and Trusts Article, §13-601, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Mutual valid written advanced directives under Health-General Article, §5-601 et seq., Annotated Code of Maryland, approving the other domestic partner as health care agent;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Joint ownership or holding of investments; or</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Joint ownership or lease of a motor vehicle.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>A carrier may require a group policyholder to obtain the documents specified under this chapter prior to enrolling a domestic partner or a child dependent of a domestic partner.</text>
  </paragraph>
</regulation>