(a) In this section, 'product' means a discrete package of health benefits that are offered using a particular product network type within a geographic service area. (b) A carrier that elects not to renew all of a particular product in the State shall: (1) provide notice of the nonrenewal at least 90 days before the date of the nonrenewal to each affected: (i) policyholder; (ii) plan sponsor; (iii) participant; and (iv) beneficiary; (2) offer to each affected plan sponsor the option to purchase any other health insurance coverage currently being offered by the carrier; and (3) act uniformly without regard to the claims experience of any affected plan sponsor, or any health status–related factor of any affected individual. (c) A carrier may elect not to renew all group health benefit plans in the State. (d) When a carrier elects not to renew all group health benefit plans in the State, the carrier: (1) shall give notice of its decision to the affected individuals at least 180 days before the effective date of nonrenewal; (2) at least 30 working days before that notice, shall give notice to the Commissioner; and (3) may not write new business for groups in the State for a 5–year efore the effective date of nonrenewal; (2) at least 30 working days before that notice, shall give notice to the Commissioner; and (3) may not write new business for groups in the State for a 5–year period beginning on the date of notice to the Commissioner. (e) A health maintenance organization need not offer coverage to an individual who does not live, reside, or work within the health maintenance organization’s approved service areas. (f) A carrier may make a uniform modification of coverage for a product only at the time of renewal of a health benefit plan. (g) A carrier will not be considered to have elected not to renew all group health benefit plans in the State if the carrier complies with 45 C.F.R. § 147.106(d)(3).
Maryland Legal Code