(a) A policy will be considered to provide benefits on an expense-incurred basis if benefits payable under the policy are based on both medical expenses incurred and flat fees regardless of actual expenses incurred.
(b) This section applies to health benefit plans issued under Subtitle 12 of this title.
(c) This section does not apply if:
(1) coverage is terminated because an individual fails to pay a required premium;
(2) coverage is terminated for fraud or material misrepresentation by the individual; or
(3) any coverage provided by a succeeding health benefit plan:
(i) is provided at a cost to the individual that is less than or equal to the cost to the individual of the extended benefit required under this section; and
(ii) does not result in an interruption of benefits.
(d) During an extension period required under this section a premium may not be charged.
(e) (1) This subsection applies to:
(i) insurers and nonprofit health service plans that provide hospital, medical, or surgical benefits on an expense-incurred basis under group or blanket health insurance policies that are issued or delivered in the State; and
(ii) health maintenance organizations that provide hospital, medical, or surgical benefits under contracts that are issued or delivered in the State.
(2) If an individual is totally disabled when the individual’s coverage terminates, an entity subject to this subsection shall continue to pay covered benefits, in accordance with the policy in effect at the time the individual’s coverage terminates, for expenses incurred by the individual for the condition causing the disability until the earlier of:
(i) the date the individual ceases to be totally disabled; or
(ii) 12 months after the date coverage terminates.
(3) An entity subject to this subsection may at any time require the individual to provide proof of total disability.
(f) (1) This subsection applies to:
(i) insurers and nonprofit health service plans that provide hospital, medical, or surgical benefits on an expense-incurred basis under individual health insurance policies that are issued or delivered in the State; and
(ii) health maintenance organizations that provide hospital, medical, or surgical benefits under individual contracts that are issued or delivered in the State.
(2) If an individual has a claim in progress when the individual’s coverage terminates, an entity subject to this subsection shall continue to pay covered benefits, in accordance with the policy in effect at the time the individual’s coverage terminates, related to the claim until the earlier of:
(i) the date the individual is released from the care of a physician for the condition that is the basis of the claim; or
(ii) 12 months after the date coverage terminates.
(g) (1) This subsection applies to:
(i) group, blanket, and individual policies that limit coverage to hospital or surgical benefits on an expense-incurred basis; and
(ii) group, blanket, and individual hospital indemnity policies.
(2) If an individual is confined in a hospital on the date coverage terminates, a policy subject to this subsection shall continue to pay covered benefits, in accordance with the policy in effect at the time the individual’s coverage terminates, for the confinement until the earlier of:
(i) the date the individual is discharged from the hospital; or
(ii) 12 months after the date coverage terminates.
(h) (1) This subsection applies to insurers, nonprofit health service plans, and health maintenance organizations that provide group, blanket, or individual vision benefits.
(2) If an individual has ordered glasses or contact lenses before the date coverage terminates, an entity subject to this subsection that provides coverage for glasses or contact lenses shall continue to provide covered benefits, in accordance with the policy in effect at the time the individual’s coverage terminates, for the glasses or contact lenses if the individual receives the glasses or contact lenses within 30 days after the date of the order.
(i) (1) This subsection applies to insurers that provide group, blanket, or individual accidental death or dismemberment benefits.
(2) An insurer subject to this subsection shall provide covered benefits, in accordance with the policy in effect at the time the individual’s coverage terminates, for a covered loss that occurs after the date coverage terminates if:
(i) an accident occurs while the individual is covered; and
(ii) the loss occurs within 90 days after the accident.
(j) (1) This subsection applies to insurers, nonprofit health service plans, health maintenance organizations, and dental plan organizations that provide group, blanket, or individual dental benefits.
(2) Except as provided in paragraph (3) of this subsection, an entity subject to this subsection shall provide covered benefits, in accordance with the policy in effect at the time the individual’s coverage terminates, for a course of treatment for at least 90 days after the date coverage terminates if the treatment:
(i) begins before the date coverage terminates; and
(ii) requires two or more visits on separate days to a dentist’s office.
(3) An entity subject to this subsection that provides coverage for orthodontics shall provide covered benefits, in accordance with the policy in effect at the time the individual’s coverage terminates, for orthodontics:
(i) for 60 days after the date coverage terminates if the orthodontist has agreed to or is receiving monthly payments; or
(ii) until the later of 60 days after the date coverage terminates or the end of the quarter in progress, if the orthodontist has agreed to accept or is receiving payments on a quarterly basis.
Structure Maryland Statutes
Subtitle 8 - Required Health Insurance Benefits
Section 15-801 - Benefits for Alzheimer's Disease and Care of Elderly Individuals
Section 15-803 - Payments for Blood Products
Section 15-804 - Coverage for Off-Label Use of Drugs
Section 15-805 - Reimbursement for Pharmaceutical Products
Section 15-806 - Choice of Pharmacy for Filling Prescriptions
Section 15-807 - Coverage for Medical Foods and Modified Food Products
Section 15-808 - Benefits for Home Health Care
Section 15-809 - Benefits for Hospice Care Services
Section 15-810 - Benefits for in Vitro Fertilization
Section 15-810.1 - Coverage for Standard Fertility Preservation Procedures
Section 15-811 - Hospitalization Benefits for Childbirth
Section 15-812 - Inpatient Hospitalization Coverage for Mothers and Newborn Children
Section 15-813 - Benefits for Disability Caused by Pregnancy or Childbirth
Section 15-814 - Coverage for Breast Cancer Screenings
Section 15-815 - Coverage for Reconstructive Breast Surgery
Section 15-816 - Benefits for Routine Gynecological Care
Section 15-817 - Coverage for Child Wellness Services
Section 15-818 - Benefits for Treatment of Cleft Lip and Cleft Palate
Section 15-819 - Coverage for Outpatient Services and Second Opinions
Section 15-820 - Benefits for Orthopedic Braces
Section 15-821 - Diagnostic and Surgical Procedures for Bones of Face, Neck, and Head
Section 15-822 - Coverage for Diabetes Equipment, Supplies, and Self-Management Training
Section 15-823 - Coverage for Osteoporosis Prevention and Treatment
Section 15-824 - Coverage for Maintenance Drugs
Section 15-825 - Coverage for Detection of Prostate Cancer
Section 15-826 - Coverage for Prescription Drugs
Section 15-826.1 - Coverage for Contraceptive Drugs and Devices
Section 15-826.2 - Coverage for Male Sterilization
Section 15-826.3 - Coverage for Fertility Awareness-Based Methods
Section 15-827 - Coverage for Patient Cost for Clinical Trials
Section 15-828 - Coverage for Charges Related to Dental Care
Section 15-829 - Coverage for Detection of Chlamydia
Section 15-830 - Referrals to Specialists
Section 15-831 - Coverage of Prescription Drugs
Section 15-832 - Coverage for Removal of Testicle
Section 15-832.1 - Inpatient Hospitalization Coverage Following Mastectomy
Section 15-833 - Extension of Benefits
Section 15-834 - Coverage for Prostheses
Section 15-835 - Required Coverage for Habilitative Services
Section 15-836 - Hair Prosthesis
Section 15-837 - Colorectal Cancer Screening Coverage
Section 15-838 - Hearing Aid Coverage for a Minor Child
Section 15-839 - Coverage for Treatment of Morbid Obesity
Section 15-840 - Coverage for Medically Necessary Residential Crisis Services
Section 15-841 - Coverage for Smoking Cessation Treatment
Section 15-842 - Copayment or Coinsurance for Prescription Drugs and Devices Limited
Section 15-843 - Coverage for Amino Acid-Based Elemental Formula
Section 15-844 - Benefits for Prosthetic Devices
Section 15-845 - Coverage for Refills of Prescription Eye Drops
Section 15-846 - Coverage for Cancer Chemotherapy
Section 15-847 - Coverage for Specialty Drugs
Section 15-847.1 - Copayment or Coinsurance Limits for Certain Drugs -- Annual Increase Regulated
Section 15-848 - Coverage for Ostomy Equipment and Supplies
Section 15-849 - Coverage for Abuse-Deterrent Opioid Analgesic Drug Products
Section 15-850 - Prior Authorizations for Opioid Antagonist
Section 15-851 - Prior Authorization for Drug Products to Treat Opioid Use Disorder -- Prohibition
Section 15-853 - Coverage for Lymphedema Diagnosis, Evaluation, and Treatment
Section 15-854 - Prior Authorization for Prescription Drug
Section 15-855 - Coverage for Pediatric Autoimmune Neuropsychiatric Disorders