Current with changes from the 2024 Legislative Session
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; or2. 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.Amended by 2022 Md. Laws, Ch. 495, Sec. 1, eff. 5/29/2022.