<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 31.11.10.04" title_num="31" subtitle_num="11" chapter_num="10" heading="Group Health Insurance Standard Provisions.">
  <paragraph num="A.">
    <text>Entire Contract; Changes. Each group health insurance contract shall contain a provision that specifies:</text>
    <paragraph num="(1)">
      <text>Which documents constitute the entire contract of insurance; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>That a change in the policy may not be valid:</text>
      <paragraph num="(a)">
        <text>Until approved by an executive officer of the carrier, and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Unless the approval is endorsed on the policy or attached to the policy.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Contestability of Coverage.</text>
    <paragraph num="(1)">
      <text>Each group health insurance contract shall contain a provision that:</text>
      <paragraph num="(a)">
        <text>The contract may not be contested, except for nonpayment of premiums, after it has been in force for 2 years from its date of issue;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A statement made by any person covered under the policy relating to insurability may not be used in contesting the validity of the insurance with respect to which the statement was made after the insurance has been in force before the contest for a period of 2 years during the person's lifetime;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Absent fraud, each statement made by an applicant, group policyholder, or insured is considered to be a representation and not a warranty; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A statement made to effectuate insurance may not be used to avoid the insurance or reduce benefits under the policy unless:</text>
        <paragraph num="(i)">
          <text>The statement is contained in a written instrument signed by the group policyholder or insured, and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A copy of the statement is given to the group policyholder, insured, or beneficiary of the insured.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The provision required by §B(1) of this regulation does not preclude the assertion at any time of defenses based upon the person's ineligibility for coverage under the contract or upon other provisions in the contract.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Notice of Claim.</text>
    <paragraph num="(1)">
      <text>Each group contract shall contain a provision describing how and when a claim form can be requested from a carrier.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the carrier requires written notice of claim for the carrier to send a claim form to the claimant, the provision shall indicate that:</text>
      <paragraph num="(a)">
        <text>The written notice of claim is not required before 20 days after the occurrence or commencement of the loss covered by the policy; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The carrier may not invalidate or reduce a claim if it is shown that:</text>
        <paragraph num="(i)">
          <text>It was not reasonably possible to give notice within 20 days, and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Notice was given as soon as was reasonably possible.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Claim Forms. Each group health insurance contract shall contain a provision that:</text>
    <paragraph num="(1)">
      <text>The carrier shall provide claim forms for filing proof of loss to each claimant or to the group policyholder for delivery to the claimant; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the carrier does not provide the claim forms within 15 days after notice of claim is received, the claimant is considered to have complied with the requirements of the policy as to proof of loss if the claimant submits, within the time fixed in the policy for filing proof of loss, written proof of the occurrence, character, and extent of the loss for which the claim is made.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Proofs of Loss. Each group health insurance contract shall contain a provision that:</text>
    <paragraph num="(1)">
      <text>Written proof of loss shall be furnished to the carrier:</text>
      <paragraph num="(a)">
        <text>In case of claim for loss of time because of disability, within 90 days after the commencement of the period for which the carrier is liable, and that subsequent written proofs that the disability continues shall be furnished to the carrier at the intervals that the carrier reasonably requires; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>In case of claim for any loss other than loss of time because of disability, within 90 days after the date of the loss; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Failure to furnish the proof of loss within the time required does not invalidate or reduce a claim if it was not reasonably possible to submit the proof within the required time, if the proof is furnished as soon as reasonably possible and, except in the absence of legal capacity of the claimant, not later than 1 year from the time proof is otherwise required.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Time of Payment of Claims.</text>
    <paragraph num="(1)">
      <text>Each group health insurance contract shall contain a provision that:</text>
      <paragraph num="(a)">
        <text>Benefits payable under the policy for any loss other than benefits for the loss of time will be paid not more than 30 days after receipt of written proof of loss; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Subject to written proof of loss, all accrued indemnities for loss of time will be paid not less frequently than monthly during the continuance of the period for which the carrier is liable, and any balance remaining unpaid at the termination of the period will be paid as soon as reasonably possible after receipt of proof.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A policy is considered to provide for periodic payment for loss under §F(1)(b) of this regulation only if the policy contains a specific statement to that effect.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Payment of Claims.</text>
    <paragraph num="(1)">
      <text>Each group health insurance contract shall contain a provision that all benefits, other than those described in §G(2) and (3) of this regulation, will be payable to the insured.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Loss of Life Benefits.</text>
      <paragraph num="(a)">
        <text>Benefits for loss of life of the insured shall be payable to the beneficiary designated by the insured.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If the contract contains conditions pertaining to family status, the beneficiary may be the family member specified by the policy terms.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The payment of the loss of life benefits are subject to the provisions of the policy if no designated or specified beneficiary is living at the time of death of the insured.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>If a group health insurance policy contains a preferred provider benefit, the policy may indicate that benefits for services rendered by a preferred provider will be paid directly to the preferred provider rendering the services.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>At the option of the carrier, the contract may provide that if any benefit of the contract is payable to the estate of an individual, or to an individual who is a minor or otherwise not competent to give a valid release, the carrier may pay the benefit, up to an amount not exceeding $5,000, to any relative by blood or connection by marriage of the individual who is considered by the carrier to be equitably entitled to the benefit.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Legal Action. Each group health insurance contract shall contain a provision that an action at law or in equity may not be brought:</text>
    <paragraph num="(1)">
      <text>To recover on the policy before the expiration of 60 days after written proof of loss has been furnished in accordance with the requirements of the policy; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>After the expiration of 3 years after the written proof of loss is required to be furnished.</text>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>Grace Period.</text>
    <paragraph num="(1)">
      <text>Each group health insurance contract shall contain in substance the following provision: “Grace Period: A grace period of 30 days will be granted for payment of each premium due after the first premium, unless the carrier does not intend to renew the policy beyond the period for which premium has been accepted and notice of the intention not to renew is delivered to the group policyholder at least 45 days before the premium is due. During the grace period the policy shall continue in force.”</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Any additional provisions related to the grace period shall be expressly stated in the policy subject to the following limitations:</text>
      <paragraph num="(a)">
        <text>Unless a carrier receives a notice of the group policyholder's intention to terminate the policy before the end of the grace period, the carrier may collect premium for the 30-day grace period;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If a carrier receives a notice of intention to terminate the policy during the grace period, the carrier may collect premium for the period beginning on the first day of the grace period until the date on which notice is received or the date of termination stated in the notice, whichever is later; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>If premium for the 30-day grace period is paid after the grace period ends, a carrier may charge interest for the premium, but:</text>
        <paragraph num="(i)">
          <text>Interest may not begin to accrue during the 30-day grace period, and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The interest rate charged may not exceed an effective rate of 6 percent per year.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="J.">
    <text>Certificates. Each group health insurance contract shall contain a provision that:</text>
    <paragraph num="(1)">
      <text>Unless the carrier makes delivery directly to the employee or member, the carrier will provide to the group policyholder, for delivery to each employee or member of the insured group, a statement that summarizes the essential features of the insurance coverage of the employee or member and that indicates to whom benefits under the policy are payable; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If dependents are included in the coverage, only one statement need be issued for each family unit.</text>
    </paragraph>
  </paragraph>
  <paragraph num="K.">
    <text>Addition of Employees/Members. Each group health insurance contract shall contain a provision that eligible new employees, members, or dependents may be added periodically to the group originally insured in accordance with the terms of the policy.</text>
  </paragraph>
  <paragraph num="L.">
    <text>Misstatement of Age. If the premiums or benefits vary by age, each group health insurance contract shall contain:</text>
    <paragraph num="(1)">
      <text>A provision specifying an equitable adjustment of premiums or of benefits, or both, to be made in the event the age of an insured has been misstated; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A clear statement of the method of adjustment to be used.</text>
    </paragraph>
  </paragraph>
  <paragraph num="M.">
    <text>Group Policyholder Liable for Premium Until Notice of Termination is Received. Each group health insurance contract shall contain a provision that requires the employer, labor union, association, or other entity to which a contract of group health insurance has been issued to continue to pay the premium for an employee, member, or dependent under the policy until notice of termination of coverage has been received by the carrier.</text>
  </paragraph>
  <paragraph num="N.">
    <text>Premium Due Date.</text>
    <paragraph num="(1)">
      <text>Each group health insurance contract shall specify the premium due date.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The premium due date shall be the date the coverage period begins.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A carrier may offer each group policyholder the option to pay the premium through an electronic payment.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>If the group policyholder elects an electronic payment, the carrier may not debit or charge the amount of the premium due prior to the premium due date, except as authorized by the group policyholder.</text>
    </paragraph>
  </paragraph>
</regulation>