§ 15-1A-21
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/md/insurance/15-1a-21A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§15–1A–21.
(a)This section applies to all grandfathered plans and to every health benefit plan that is not a grandfathered plan.
(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.
(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 31, 2024.