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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
Currentness
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 website.

Credits

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

Footnotes

1
50 U.S.C.A. § 1621
2
50 U.S.C.A. § 1622(d)
3
50 U.S.C.A. § 1631
4
42 U.S.C.A. § 201 et seq.
MD Code, Insurance, § 2-115, MD INSURANCE § 2-115
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document