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§ 15-1106. Health benefit plan coverage based on individual insurability

West's Annotated Code of MarylandInsuranceEffective: October 1, 2009

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 15. Health Insurance
Subtitle 11. Miscellaneous Health Insurance Policies and Contracts and Health Benefit Plans (Refs & Annos)
Effective: October 1, 2009
MD Code, Insurance, § 15-1106
§ 15-1106. Health benefit plan coverage based on individual insurability
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Carrier” means:
(i) an insurer;
(ii) a nonprofit health service plan; or
(iii) a health maintenance organization.
(3) “Evidence of individual insurability” has the meaning stated in § 15-1105 of this subtitle.
(4) “Health benefit plan” has the meaning stated in § 15-1301 of this title.
Restrictions relating to rescission of contract or certificate
(b) If a carrier conditions coverage for a health benefit plan on evidence of individual insurability, the carrier may not rescind a contract or a certificate on the basis of written information submitted on or with, or omitted from, an application for the health benefit plan unless the carrier completed medical underwriting and resolved all reasonable medical questions related to the written information submitted on or with, or omitted from, the application before issuing the health benefit plan.
Burden of persuasion relating to rescission of health benefit plan
(c) The carrier shall have the burden of persuasion that its rescission of a health benefit plan complies with subsection (b) of this section.

Credits

Added by Acts 2009, c. 509, § 1, eff. Oct. 1, 2009; Acts 2009, c. 663, § 1, eff. Oct. 1, 2009.
MD Code, Insurance, § 15-1106, MD INSURANCE § 15-1106
Current through legislation effective through April 25, 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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