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§ 15-402. Coverage for dependent incapacitated children and individuals under guardianship

West's Annotated Code of MarylandInsuranceEffective: June 1, 2014

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 15. Health Insurance
Subtitle 4. Eligibility for Coverage; Continuation and Conversion of Policies (Refs & Annos)
Effective: June 1, 2014
MD Code, Insurance, § 15-402
§ 15-402. Coverage for dependent incapacitated children and individuals under guardianship
Currentness
Application of section
(a) This section applies to:
(1) each individual or group health insurance policy that is issued in the State; and
(2) each contract that is issued in the State by a nonprofit health service plan or a health maintenance organization.
Coverage for dependent incapacitated children and minors under guardianship
(b)(1) Notwithstanding any limiting age stated in a policy or contract subject to this section, a child, grandchild, or individual for whom guardianship is granted by court or testamentary appointment shall continue to be covered under the policy or contract as a dependent of an employee, member, or other covered individual if the child, grandchild, or individual under guardianship:
(i) is unmarried;
(ii) is chiefly dependent for support on the employee, member, or other covered individual; and
(iii) at the time of reaching the limiting age, is incapable of self-support because of mental or physical incapacity that started before the child, grandchild, or individual under guardianship attained the limiting age.
(2) A child, grandchild, or individual under guardianship who is covered under this section shall continue to be covered while remaining unmarried, dependent, and mentally or physically incapacitated until the coverage on the employee, member, or other covered individual on whom the child, grandchild, or individual under guardianship is dependent terminates.
Individuals eligible for coverage
(c) To be eligible for coverage under this section:
(1) a grandchild must be a dependent, and in the court-ordered custody, of the employee, member, or other covered individual; and
(2) an individual must be a dependent and in the custody of the employee, member, or other covered individual as a result of a guardianship, other than a temporary guardianship of less than 12 months duration, granted by court or testamentary appointment.

Credits

Added by Acts 1997, c. 35, § 2, eff. Oct. 1, 1997. Amended by Acts 1997, c. 256, § 1, eff. Oct. 1, 1997; Acts 2014, c. 355, § 2, eff. June 1, 2014.
Formerly Art. 48A, §§ 354A, 438, 471.
MD Code, Insurance, § 15-402, MD INSURANCE § 15-402
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