(a) A provision in an agreement or instrument that relates to the administration of a plan that purports to relieve an administrator from responsibility or liability for a duty or requirement imposed under this subtitle is void as against public policy.
(b) Notwithstanding subsection (a) of this section:
(1) a plan may purchase insurance for its administrators or for itself to cover liability or losses that occur because of an act or omission of an administrator if the insurance allows recourse by the insurer against the administrator in a case of breach of responsibility under this subtitle by the administrator;
(2) an administrator may purchase insurance to cover the administrator’s possible liability under this subtitle if the insurance is obtained for and paid from the administrator’s own account; or
(3) an employer or an employee organization may purchase insurance to cover possible liability of one or more persons that act as administrators with respect to a plan.
Structure Maryland Statutes
Title 8 - Entities That Act as Insurers
Subtitle 3 - Third Party Administrators
Section 8-303 - Registration Required
Section 8-304 - Qualifications of Applicants
Section 8-305 - Applications for Registration
Section 8-307 - Issuance of Registration
Section 8-308 - Term and Renewal of Registration
Section 8-308.1 - Reinstatement of Registration
Section 8-309 - Denials, Refusals to Renew, Suspensions, and Revocations
Section 8-310 - Administrator's Duties With Respect to Plan
Section 8-311 - Agreement Between Administrator and Plan Sponsor or Insurer
Section 8-312 - Books and Records About Plan
Section 8-313 - Notice to Pharmacies of Change in Pharmaceutical Benefits
Section 8-314 - Errors and Omissions Policy
Section 8-315 - Waiver of Liability by Administrator Void; Liability Insurance
Section 8-316 - Prohibited Activities of Administrator
Section 8-317 - Allowing Another to Act as Administrator in Violation of Subtitle
Section 8-319 - Investigations by Commissioner
Section 8-320 - Enforcement of Subtitle
Section 8-321 - Liability of Administrator
Section 8-321.1 - Third Party Administrator to Comply With 27-803