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§ 15-1A-21. Rescinding coverage

West's Annotated Code of MarylandInsuranceEffective: May 8, 2020

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 15. Health Insurance
Subtitle 1a--Consumer Protections (Refs & Annos)
Effective: May 8, 2020
MD Code, Insurance, § 15-1A-21
§ 15-1A-21. Rescinding coverage
Application of section
(a) This section applies to all grandfathered plans and to every health benefit plan that is not a grandfathered plan.
In general
(b)(1) Subject to § 15-1106 of this title, a carrier may not rescind the coverage under a health benefit plan unless:
(i) the insured individual performs an act, a practice, or an omission that constitutes fraud or makes a misrepresentation of material fact as prohibited by the health benefit plan; and
(ii) except as provided in paragraph (2) of this subsection, the carrier complies with 45 C.F.R. § 147.128.
(2) If the Commissioner adopts regulations as described in subsection (c) of this section, a carrier that rescinds the coverage under a health benefit plan in accordance with subsection (b) of this section shall comply with the adopted regulations.
Regulations
(c) To the extent necessary, the Commissioner shall adopt regulations that:
(1) establish requirements that a carrier shall comply with to rescind coverage under subsection (b) of this section; and
(2) are consistent with 45 C.F.R. § 147.128 and any federal rules and guidance as those provisions were in effect December 1, 2019.

Credits

Added by Acts 2020, c. 620, § 1, eff. May 8, 2020; Acts 2020, c. 621, § 1, eff. May 8, 2020.
MD Code, Insurance, § 15-1A-21, MD INSURANCE § 15-1A-21
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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