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Current as of January 01, 2025 | Updated by Findlaw Staff
(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 1, § 202(d), 2 or § 301 3 of the federal National Emergencies Act; or
2. by the Secretary of Health and Human Services under the federal Public Health Service Act; 4 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.
(c)(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.
(2)(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.
Cite this article: FindLaw.com - Maryland Code, Insurance § 2-115 - last updated January 01, 2025 | https://codes.findlaw.com/md/insurance/md-code-insurance-sect-2-115/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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