<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 31.12.02.07" title_num="31" subtitle_num="12" chapter_num="02" heading="Application.">
  <paragraph num="A.">
    <text>An application form shall stipulate the plan and any optional benefits being applied for.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Permissible Look-Back Periods.</text>
    <paragraph num="(1)">
      <text>Except as provided in §B(2) of this regulation, an application form may not ask any question relative to any previously existing injury, sickness, or condition which has not required medical care or advice during the:</text>
      <paragraph num="(a)">
        <text>7-year period immediately preceding the date of the application if the application is made for coverage under a group contract; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>5-year period immediately preceding the date of the application, if the application is made for coverage under an individual contract.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>An application may inquire about a dismemberment or other current impairment, the cause of which may have occurred before the time periods permitted by §B(1) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>If an application contains questions regarding past or present health conditions:</text>
    <paragraph num="(1)">
      <text>The questions shall be asked to the best of the applicant's knowledge and belief; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The application shall include a statement that all of the answers provided are representations and are not warranties.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>If a rider or endorsement modifies the coverage applied for, signed acceptance by the applicant is required at or before delivery of the contract.</text>
  </paragraph>
  <paragraph num="E.">
    <text>A statement may not appear in the application with respect to a proxy through which one or more members of the board of directors is authorized to vote in the election of directors, or at any meeting of the board of directors.</text>
  </paragraph>
  <paragraph num="F.">
    <text>If an application inquires about the applicant's participation in “hazardous activities”, the application shall list the activities that are considered to be “hazardous”.</text>
  </paragraph>
  <paragraph num="G.">
    <text>If an application inquires about the applicant's use of “other habit-forming drugs”, the application shall list the specific drugs that are considered “habit-forming”.</text>
  </paragraph>
  <paragraph num="H.">
    <text>If an application inquires about a symptom of an applicant, the question shall be asked about a “known symptom” of a physical condition or mental condition.</text>
  </paragraph>
  <paragraph num="I.">
    <text>If an application inquires if an applicant has had any indication of a physical condition or mental condition, the question shall be asked about a “known indication” of a physical condition or mental condition.</text>
  </paragraph>
  <paragraph num="J.">
    <text>Applications for Individual HMO Contracts.</text>
    <paragraph num="(1)">
      <text>If an application is to be used by more than one carrier, the application shall include check-off boxes to indicate the carrier to which application is being made.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Each carrier using the application shall:</text>
      <paragraph num="(a)">
        <text>File the application with the Commissioner for approval; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Receive approval of use of the application from the Commissioner before using it in Maryland.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="K.">
    <text>Applications for Group HMO Contracts.</text>
    <paragraph num="(1)">
      <text>A group application may be used by more than one carrier if each carrier using the application:</text>
      <paragraph num="(a)">
        <text>Files the application with the Commissioner; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Receives approval of the application from the Commissioner before using it in Maryland.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>If more than one carrier requests approval to use the same application with different group applicants, the application shall include check-off boxes to indicate the carrier to which application is being made.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If more than one carrier requests approval to use the same application with the same group applicant, the application shall clearly identify the coverages underwritten by each carrier.</text>
    </paragraph>
  </paragraph>
  <paragraph num="L.">
    <text>If an application is to be completed by more than one individual, the signature box in the application shall clearly indicate that the signature applies only to the portion of the application completed by that individual.</text>
  </paragraph>
</regulation>