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§ 27-209. Rebates, special favors or advantages, or any valuable consideration or inducement no...

West's Annotated Code of MarylandInsuranceEffective: July 1, 2023

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 27. Unfair Trade Practices and Other Prohibited Practices (Refs & Annos)
Subtitle 2. Unfair Methods of Competition and Unfair and Deceptive Acts or Practices (Refs & Annos)
Effective: July 1, 2023
MD Code, Insurance, § 27-209
§ 27-209. Rebates, special favors or advantages, or any valuable consideration or inducement not specified in contract
Currentness
In general
(a) Except as otherwise expressly provided by law, a person, including a health maintenance organization, may not knowingly:
(1) allow, make, or offer to make a contract of life insurance or health insurance or an annuity contract or an agreement as to the contract other than as plainly expressed in the contract;
(2) pay, allow, give, or offer to pay, allow, or give directly or indirectly as an inducement to the insurance or annuity:
(i) a rebate of premiums payable on the contract;
(ii) a special favor or advantage in the dividends or other benefits under the contract;
(iii) paid employment or a contract for services of any kind; or
(iv) any valuable consideration or other inducement not specified in the contract;
(3) directly or indirectly give, sell, purchase, offer or agree to give, sell, or purchase, or allow as inducement to the insurance or annuity or in connection with the insurance or annuity, regardless of whether specified in the policy or contract, an agreement that promises returns and profits, or stocks, bonds, or other securities, or a present or contingent interest in or measured by stocks, bonds, or other securities, of an insurer or other corporation, association, or partnership, or dividends or profits accrued or to accrue on stocks, bonds, or other securities; or
(4) offer, promise, or give any valuable consideration not specified in the contract, except for educational materials, promotional materials, or articles of merchandise that cost no more than $50.
Receipt of materials contingent on sale or purchase of insurance
(b) A person may not make receipt of any educational materials, promotional materials, or articles of merchandise under subsection (a)(4) of this section contingent on the sale or purchase of insurance.
Exemptions
(c)(1) This section does not prohibit an insurer, a nonprofit health service plan, or a health maintenance organization from offering or providing products or services in conjunction with a policy at no charge or at a discounted price if:
(i) 1. A. the products or services are offered or provided to educate persons regarding, or to assess, monitor, control, or prevent, risk of loss to persons; and
B. the risk of loss to persons is associated with risks insured against by the policy or insurance or annuity contract; or
2. the products or services are:
A. substantially related to the insurance provided under the policy or contract; or
B. offered or provided to enhance the health of the insured or beneficiary; and
(ii) the offer or provision of products or services is available to all policyholders that have purchased the policy or contract associated with the offer or provision.
(2) An insurer, a nonprofit health service plan, or a health maintenance organization may include an offer or a provision of products or services under this subsection in an applicable contract or form or rate filing.
(3)(i) If the offer or provision of specific products or services under this subsection is included in any policy of insurance, health maintenance organization contract, nonprofit health service plan, or annuity contract, the products or services may not be discontinued during the term of the policy or contract unless discontinuation of the product or services is:
1. consented to in writing by the policyholder; or
2. the result of a uniform modification under § 15-1212, § 15-1309, or § 15-1409 of this article.
(ii) This paragraph does not prohibit a carrier from terminating a contract as otherwise authorized under this article.
(4) An insurer, a nonprofit health service plan, or a health maintenance organization may not increase the premium or deny a claim of a policyholder if the policyholder accepts, rejects, uses, or fails to use a product or service under this subsection.
(5)(i) Subject to subparagraph (ii) of this paragraph, the Commissioner may determine by regulation the types of products or services that meet the criteria in paragraph (1) of this subsection.
(ii) A product or service offered or provided in conjunction with an insurance policy or annuity contract that is primarily designed to enhance financial wellness shall be allowed if the Commissioner determines that the product or service includes an enhancement to the financial protection component of the insurance policy or annuity contract.

Credits

Added by Acts 1997, c. 35, § 2, eff. Oct. 1, 1997. Amended by Acts 1997, c. 515, § 1, eff. Oct. 1, 1997; Acts 2003, c. 173, § 1, eff. Oct. 1, 2003; Acts 2004, c. 24, § 1, eff. April 13, 2004; Acts 2009, c. 9, § 1, eff. Oct. 1, 2009; Acts 2014, c. 355, § 2, eff. June 1, 2014; Acts 2018, c. 485, § 1, eff. Oct. 1, 2018; Acts 2018, c. 486, § 1, eff. Oct. 1, 2018; Acts 2023, c. 38, § 1, eff. July 1, 2023.
Formerly Art. 48A, § 224.
MD Code, Insurance, § 27-209, MD INSURANCE § 27-209
Current with legislation effective through October 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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