§ 2-115
445 words·~2 min read·
/md/insurance/2-115A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§2–115.
(a)The Commissioner shall adopt regulations that may be applied when:
(1)the Governor has declared a state of emergency for the State or an area within the State under § 14–107 of the Public Safety Article;
(2)the President of the United States has issued a major disaster or emergency declaration for the State or an area within the State under the federal Stafford Act; or
(3)a national or public health emergency, that within the Commissioner’s discretion affects the State:
(i)is issued:
1. by the President of the United States under § 201, § 202(d), or § 301 of the federal National Emergencies Act; or
2. by the Secretary of Health and Human Services under the federal Public Health Service Act; and
(ii)is based on a serious threat to health resulting from the existence of a deadly agent as defined in § 14–3A–01 of the Public Safety Article.
(b)The regulations may:
(1)apply to any person regulated by the Commissioner under this article or Title 19, Subtitle 7 of the Health – General Article; and
(2)address:
(i)submission of claims or proof of loss;
(ii)grace periods for payment of premiums and performance of other duties by insureds;
(iii)temporary postponement of cancellations, nonrenewals, premium increases, or policy modifications;
(iv)procedures for obtaining nonelective health care services;
(v)time restrictions for filling or refilling prescription drugs;
(vi)time frames applicable to an action by the Commissioner under this article; and
(vii)any other activity necessary to protect the residents of the State.
(1)To activate a regulation adopted under this section, the Commissioner shall issue a bulletin specifying:
(i)that the regulation is activated;
(ii)the line or lines of business to which the regulation applies;
(iii)the geographic areas to which the regulation applies; and
(iv)the period of time for which the regulation applies.
(i)Except as provided under subparagraph
(ii)of this paragraph, a regulation activated under paragraph
(1)of this subsection may not apply beyond the duration of, or the geographical area included within, the Governor’s or President’s declaration of a state of emergency or disaster.
(ii)A regulation activated under paragraph
(1)of this subsection in response to a national or public health emergency described in subsection (a)(3) of this section may not apply beyond the duration of the President’s or Secretary of Health and Human Services’ declaration of a national or public health emergency.
(3)The Commissioner:
(i)shall provide a copy of the bulletin to the emergency contact designated by the person subject to the bulletin; and
(ii)may post a copy of the bulletin on the Administration’s website.