Md. Code, Ins. § 2-115

Current with changes from the 2024 legislative session from Chs. 2 through 1049, effective on or before 6/1/2024
Section 2-115 - Adoption of regulations in emergency
(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.
(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.

Md. Code, IN § 2-115

Amended by 2022 Md. Laws, Ch. 495, Sec. 1, eff. 5/29/2022.