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§ 2-115. Regulations during major disasters or emergencies

West's Annotated Code of MarylandInsuranceEffective: May 29, 2022

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 2. Maryland Insurance Administration
Subtitle 1. Organization of Administration; General Powers and Duties of Commissioner (Refs & Annos)
Effective: May 29, 2022
MD Code, Insurance, § 2-115
§ 2-115. Regulations during major disasters or emergencies
In general
(a) The Commissioner shall adopt regulations that may be applied when:
(1) the Governor has declared a state of emergency for the State or an area within the State under § 14-107 of the Public Safety Article;
(2) the President of the United States has issued a major disaster or emergency declaration for the State or an area within the State under the federal Stafford Act; or
(3) a national or public health emergency, that within the Commissioner's discretion affects the State:
(i) is issued:
1. by the President of the United States under § 2011, § 202(d),2 or § 3013 of the federal National Emergencies Act; or
2. by the Secretary of Health and Human Services under the federal Public Health Service Act;4 and
(ii) is based on a serious threat to health resulting from the existence of a deadly agent as defined in § 14-3A-01 of the Public Safety Article.
Scope of regulations
(b) The regulations may:
(1) apply to any person regulated by the Commissioner under this article or Title 19, Subtitle 7 of the Health--General Article; and
(2) address:
(i) submission of claims or proof of loss;
(ii) grace periods for payment of premiums and performance of other duties by insureds;
(iii) temporary postponement of cancellations, nonrenewals, premium increases, or policy modifications;
(iv) procedures for obtaining nonelective health care services;
(v) time restrictions for filling or refilling prescription drugs;
(vi) time frames applicable to an action by the Commissioner under this article; and
(vii) any other activity necessary to protect the residents of the State.
Issuance of bulletin to activate regulation
(c)(1) To activate a regulation adopted under this section, the Commissioner shall issue a bulletin specifying:
(i) that the regulation is activated;
(ii) the line or lines of business to which the regulation applies;
(iii) the geographic areas to which the regulation applies; and
(iv) the period of time for which the regulation applies.
(2)(i) Except as provided under subparagraph (ii) of this paragraph, a regulation activated under paragraph (1) of this subsection may not apply beyond the duration of, or the geographical area included within, the Governor's or President's declaration of a state of emergency or disaster.
(ii) A regulation activated under paragraph (1) of this subsection in response to a national or public health emergency described in subsection (a)(3) of this section may not apply beyond the duration of the President's or Secretary of Health and Human Services' declaration of a national or public health emergency.
(3) The Commissioner:
(i) shall provide a copy of the bulletin to the emergency contact designated by the person subject to the bulletin; and
(ii) may post a copy of the bulletin on the Administration's Web site.

Credits

Added by Acts 2008, c. 63, § 1, eff. Oct. 1, 2008. Amended by Acts 2022, c. 495, § 1, eff. May 29, 2022.

Footnotes

50 U.S.C.A. 1621
50 U.S.C.A. 1622(d)
50 U.S.C.A. 1631
42 U.S.C.A. 201 et seq
MD Code, Insurance, § 2-115, MD INSURANCE § 2-115
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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