# COMAR Title 31 — Maryland Insurance Administration

## Subtitle 10 — Health Insurance — General

### Chapter 38 — Wellness Program Incentives

**Authority:** Insurance Article, §§2-109(a)(1) and 27-210(h)(4), Annotated Code of Maryland

**Administrative History:** Effective date: June 29, 2009 (36:13 Md. R. 907)

**Administrative History:** Regulation .01 amended effective June 6, 2016 (43:11 Md. R. 635)

**Administrative History:** Regulation .02 amended effective March 8, 2010 (37:5 Md. R. 433); June 6, 2016 (43:11 Md. R. 635)

**Administrative History:** Regulation .03B amended effective March 8, 2010 (37:5 Md. R. 433); June 6, 2016 (43:11 Md. R. 635)

**Administrative History:** Regulation .04 amended effective June 6, 2016 (43:11 Md. R. 635)

**Administrative History:** Regulation .05 amended effective June 6, 2016 (43:11 Md. R. 635)

#### Regulation .01 Purpose.

*COMAR 31.10.38.01*

The purpose of this chapter is to establish a limit on the value of incentives offered by carriers in wellness programs.

#### Regulation .02 Scope.

*COMAR 31.10.38.02*

This chapter applies only to the wellness programs as defined in Regulation .03 of this chapter, and Insurance Article, §27-210(h)(1), Annotated Code of Maryland.

#### Regulation .03 Definitions.

*COMAR 31.10.38.03*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Carrier” means:

    (a) An insurer;

    (b) A nonprofit health service plan;

    (c) A health maintenance organization; or

    (d) A dental plan organization.

  (2) “Wellness program” has the meaning stated in Insurance Article, §27-210(h)(1), Annotated Code of Maryland.

#### Regulation .04 Incentive Permitted.

*COMAR 31.10.38.04*

A carrier may offer an incentive for participation in a wellness program if the incentive:

A. Is reasonably related to the wellness program; and

B. Does not have a value that exceeds any limit established by Regulation .05 of this chapter.

#### Regulation .05 Value of Incentive Offered.

*COMAR 31.10.38.05*

An incentive offered for participation in a wellness program by a carrier may not have a value that exceeds $500 per year, per individual who is an insured, a subscriber, or a member.
