<?xml version='1.0' encoding='utf-8'?>
<chapter num="05" heading="Group Health Insurance Options for Alzheimer's Disease and for Diseases of the Elderly" title_num="31" subtitle_num="11">
  <regulation prefix="Regulation" num=".01" heading="Scope.">
    <paragraph num="A.">
      <text>This chapter is applicable to all group health insurance policies issued or renewed in Maryland on or after July 1, 1987, except as noted below.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Any group health insurance policy issued before the effective date of this chapter shall be subject to this chapter on the annual renewal date of the policy falling on or next following the effective date.</text>
    </paragraph>
    <paragraph num="C.">
      <text>This chapter is not applicable to group health insurance policies which:</text>
      <paragraph num="(1)">
        <text>Do not provide benefits for the cost of medical care on an expense-incurred basis; or</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Provide benefits for accidents only.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Definitions.">
    <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>“Alzheimer's disease” means a progressive brain disease diagnosed as Alzheimer's disease by the insured's licensed attending physician and confirmed by a second opinion of a licensed physician.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>“Diseases of the elderly” means any disease, illness, injury, or medical condition which has caused the elderly insured to become functionally impaired or disabled so as to require nursing home care or intermediate or custodial nursing care and which has been confirmed by a second opinion of a licensed physician.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>“Elderly” means an insured who is 65 years old or older.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>“Group health insurance policy” means an insurance policy issued in Maryland either:</text>
        <paragraph num="(a)">
          <text>Providing benefits for hospital, surgical, medical, major medical, or all of the above, in accordance with Insurance Article, §15-302, Annotated Code of Maryland; or</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Providing benefits for health, surgical, medical, major medical, or all of the above to a group of persons by a nonprofit health service plan, pursuant to Insurance Article, Title 14, Subtitle 1, Annotated Code of Maryland.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(5)">
        <text>“Group of persons” means the types of groups as defined in Insurance Article, §15-302, Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(6)">
        <text>“Insured” means a person covered under a group health insurance policy.</text>
      </paragraph>
      <paragraph num="(7)">
        <text>“Intermediate or custodial nursing care” means any form of health or health-related service, whether provided in a custodial or noncustodial setting, which is designed to provide therapeutic, rehabilitative, supportive, or maintenance care to a person who has chronic or deteriorating medical conditions which impair the person's ability to function at his or her own optimum level, but not including treatment of the conditions during the initial, acute stage of the condition or conditions.</text>
      </paragraph>
      <paragraph num="(8)">
        <text>“Nursing home” means a facility or institution or part of it that:</text>
        <paragraph num="(a)">
          <text>Provides nursing care for chronically ill or convalescent patients; or</text>
        </paragraph>
        <paragraph num="(b)">
          <text>Offers to provide 24-hour a day nursing care of patients in a home-type facility such as a:</text>
          <paragraph num="(i)">
            <text>Convalescent home,</text>
          </paragraph>
          <paragraph num="(ii)">
            <text>Nursing unit of a home for the aged,</text>
          </paragraph>
          <paragraph num="(iii)">
            <text>Psychiatric nursing home,</text>
          </paragraph>
          <paragraph num="(iv)">
            <text>Nursing facility for the handicapped,</text>
          </paragraph>
          <paragraph num="(v)">
            <text>Home for alcoholics, or</text>
          </paragraph>
          <paragraph num="(vi)">
            <text>Halfway house.</text>
          </paragraph>
        </paragraph>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Required Health Insurance Options.">
    <text>Each insurer shall offer the following options for its group health insurance policies:</text>
    <paragraph num="A.">
      <text>One option to cover Alzheimer's disease; and</text>
    </paragraph>
    <paragraph num="B.">
      <text>One option to cover Alzheimer's disease as well as diseases of the elderly.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Required Coverage.">
    <paragraph num="A.">
      <text>The coverages provided by the required health insurance options shall include, but are not limited to:</text>
      <paragraph num="(1)">
        <text>The institutional and professional care expenses for nursing home care alone, or in addition to intermediate or custodial nursing care, while confined in a nursing home or other custodial care facility or institution; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Expenses for the type of care described in §A(1) of this regulation  for an insured who is not confined to a facility or institution.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>The insurer may establish reasonable limits on the benefits offered for the above coverages including, but not limited to, copayments, deductibles, and maximum annual and lifetime limits.</text>
    </paragraph>
  </regulation>
  <annotations>
    <annotation type="Authority">Insurance Article, §§2-109, 14-124(b), and 15-801, Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: December 28, 1987 (14:26 Md. R. 2745)</annotation>
    <annotation type="History" subtype="Administrative History">Chapter recodified from COMAR 09.30.80 to COMAR 31.11.05 effective September 7, 1998 (25:18 Md. R. 1439)</annotation>
  </annotations>
</chapter>