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§ 15-403.2. Coverage for dependent children of domestic partners

West's Annotated Code of MarylandInsuranceEffective: April 13, 2010

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: April 13, 2010
MD Code, Insurance, § 15-403.2
§ 15-403.2. Coverage for dependent children of domestic partners
Child dependent of the domestic partner defined
(a) In this section, “child dependent of the domestic partner” means an individual who:
(1) is:
(i) the natural child, stepchild, adopted child, or grandchild of the domestic partner of an insured;
(ii) a child placed with the domestic partner of an insured for legal adoption; or
(iii) a child who is under testamentary or court appointed guardianship, other than temporary guardianship of less than 12 months' duration, of the domestic partner of an insured;
(2) is a dependent, as that term is used in 26 U.S.C. §§ 104, 105, and 106, and any regulations adopted under those sections, of the domestic partner of an insured;
(3) resides with the insured;
(4) is unmarried; and
(5) is under the age of 25 years.
Application of section
(b) This section applies to each individual or group policy or contract that:
(1) allows family coverage; and
(2) is issued by:
(i) an insurer or nonprofit health service plan that provides inpatient hospital, medical, or surgical benefits to individuals or groups on an expense-incurred basis under health insurance policies or contracts that are issued or delivered in the State; or
(ii) a health maintenance organization that provides inpatient hospital, medical, or surgical benefits to individuals or groups under contracts that are issued or delivered in the State.
Coverage for dependent children of domestic partners
(c) Each policy or contract subject to this section shall provide that the same health insurance benefits and eligibility guidelines that apply to any covered dependent are available to a domestic partner of an insured or a child dependent of the domestic partner of an insured at the request of:
(1) an insured under an individual policy or contract that is subject to this section; or
(2) the group policyholder of a group policy or contract that is subject to this section.
Proof of eligibility of domestic partner or child dependent
(d) An insurer, nonprofit health service plan, or health maintenance organization may require a group policyholder that requests coverage for a domestic partner or child dependent of the domestic partner of an insured under subsection (c)(2) of this section to provide proof of the eligibility of the domestic partner or child dependent of the domestic partner for coverage under this section.
Regulations
(e) The Commissioner shall adopt regulations to implement this section.

Credits

Added by Acts 2007, c. 639, § 1, eff. June 1, 2007. Amended by Acts 2010, c. 72, § 1, eff. April 13, 2010.
MD Code, Insurance, § 15-403.2, MD INSURANCE § 15-403.2
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.
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