Section 15-1A-21 - Rescission of coverage(a) This section applies to all grandfathered plans and to every health benefit plan that is not a grandfathered plan.(b)(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 1, 2019.Added by 2020 Md. Laws, Ch. 621,Sec. 1, eff. 5/8/2020.Added by 2020 Md. Laws, Ch. 620,Sec. 1, eff. 5/8/2020.