SUMMARY OF INSURANCE LAWS ENACTED BY THE 2013 MARYLAND GENERAL ASSEMBLY

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1 OF INSURANCE LAWS ENACTED BY THE 2013 MARYLAND GENERAL ASSEMBLY 2013 HOUSE BILLS HB 228 Ch. 159 HB 342 Ch. 270 SB 446 Ch. 269 HB 348 Ch. 98 HB 354 Ch. 103 HB 360 Ch. 106 HB 361 Ch. 368 HB 370 Ch. 226 SB 313 Ch. 225 Maryland Health Progress Act of 2013 Altering eligibility requirements for the Maryland Medical Assistance Program and the definition of "former foster care adolescent" to conform to federal eligibility requirements; authorizing the Secretary of Health and Mental Hygiene to provide specified grants; adding to the purposes for which a specified assessment in hospital rates may be used; exempting the Maryland Health Benefit Exchange and its employees from specified provisions of law governing third party administrators; Effective Dates: June 1, 2013, January 1, 2014, and January 1, 2015 Homeowner s or Renter s Insurance and Private Passenger Motor Vehicle Insurance Bundling Requirement Prohibited Prohibiting an insurer, with respect to homeowner's insurance or renter's insurance, from denying, refusing to renew, or canceling coverage solely because the applicant or policyholder does not carry private passenger motor vehicle insurance with specified insurers; prohibiting an insurer, with respect to private passenger motor vehicle insurance, from taking specified actions solely because the applicant or policyholder does not carry homeowner's insurance or renter's insurance with specified insurers; Unemployment Insurance Employer Contributions Application for Refund or Adjustment Extending the time period during which an employer may apply to the Secretary of Labor, Licensing, and Regulation for an adjustment to unemployment insurance contributions due or a refund of unemployment contributions or interest paid. Unemployment Insurance Recovery of Benefits Monetary Penalty for Fraud Authorizing the Secretary of Labor, Licensing, and Regulation to recover from a claimant a specified monetary penalty under specified circumstances; altering the amount of interest the Secretary may recover under specified circumstances; specifying how specified funds recovered by the Secretary are to be applied; requiring a person who violates a specified provision of law to pay a specified monetary penalty; excluding specified monetary penalties from the amount that can be recovered by the Secretary through a specified method; Health Insurance Repeal of Obsolete Provisions of Law Repealing provisions of law that authorize health maintenance organizations to offer a benefit package that provides specified limited benefits; repealing provisions of law that authorize a specified group health insurance policy to provide for the continuation of specified benefit provisions after the death of a specified individual; repealing provisions of law that entitle specified insured individuals whose coverage is terminated for a specified reason to specified individual insurance policies; Effective Date: January 1, 2014 Health Insurance Conformity With and Implementation of Federal Patient Protection and Affordable Care Act Establishing fees for an initial SHOP Exchange navigator license, a renewal, and a reinstatement; providing that the federal Patient Protection and Affordable Care Act relating to annual limitations on cost sharing and deductibles, child-only plan offerings, minimum benefit requirements for catastrophic plans, health insurance premium rates, coverage for individuals participating in approved clinical trials, and contract requirements for specified dental plans apply to specified coverage in specified insurance markets; Effective Dates: June 1, 2013 and January 1, 2014 Workers Compensation Anne Arundel County Deputy Sheriff Altering a specified definition of "public safety employee" to include Anne Arundel County deputy sheriffs for purposes of establishing eligibility for enhanced workers' compensation benefits for a permanent partial disability award for less than a specified number of weeks; and applying the Act prospectively. 1

2 2013 HOUSE BILLS HB 392 Ch. 111 HB 431 Ch. 115 HB 537 Ch. 377 HB 583 Ch. 121 HB 695 Ch. 383 HB 724 Ch. 385 HB 942 Ch. 301 SB 624 Ch. 300 HB 955 Ch. 394 Motor Vehicle Liability Insurance Personal Injury Protection Coverage Prohibition on Premium Increase Prohibiting an insurer that issues a motor vehicle liability insurance policy that contains personal injury protection coverage from increasing the premium on the policy due to a claim or payment made under that coverage; defining "increase the premium" to include an increase in total premium for a policy due to a surcharge, retiering or other reclassification of the policy, or removal or reduction of a discount; altering a specified notice requirement; Insurance Maryland Insurance Acquisitions Disclosure and Control Act Revisions Authorizing the Maryland Insurance Commissioner to participate in a specified supervisory college; providing for the confidentiality of specified documents; providing that specified persons must comply with specified requirements when seeking to acquire control of a domestic insurer, including providing specified information to the Commissioner and specified persons; requiring specified persons seeking to divest control over a domestic insurer to provide specified notice; Effective Date: January 1, 2014 Insurance Producers Continuing Education Online Courses Prohibiting the Maryland Insurance Commissioner from disapproving a continuing education course for insurance producers solely on a specified basis; authorizing insurance producers to obtain all or part of the credit hours of continuing education required for license renewal from correspondence courses or online courses approved by the Commissioner; Unemployment Insurance Relief from Charges for Overpayment of Benefits Restrictions Altering the circumstances under which the Secretary of Labor, Licensing, and Regulation is prohibited from removing a benefit charge from the earned rating record of an employing unit; requiring, except under specified circumstances, the Secretary to remove benefits charged to a not for profit organization or governmental entity from the account of the not for profit organization or governmental entity under specified circumstances; Homeowner s Insurance Anti-Concurrent Causation Clause Notice and Study Requiring an insurer that issues a policy of homeowner's insurance in the State that contains an anti-concurrent causation clause to provide a policyholder with a notice; providing that the notice is not part of the policy or contract of insurance and does not create a private right of action; requiring specified committees of the General Assembly to study the handling by insurers and the National Flood Insurance Program of property insurance claims in cases where two or more factors could affect or cause the loss; requiring a report; Insurance Risk Based Capital Standards Fraternal Benefit Societies and Life Insurers Requiring that a fraternal benefit society's risk based capital be determined in accordance with a specified formula set forth in specified instructions; altering the circumstances under which a company action level event occurs in the case of a life insurer; establishing the circumstances under which a company action level event occurs for a fraternal benefit society; Identity Fraud Health Information and Health Care Records Prohibiting a person from knowingly and willfully possessing, obtaining, or helping another to possess or obtain personal identifying information with fraudulent intent to access health information or health care; prohibiting a person from using a specified device knowingly, willfully, and with fraudulent intent to access health information or health care; providing penalties for a violation; authorizing a court to order restitution; Task Force to Study Temporary Disability Insurance Programs and the Process for Assisting Individuals with Disabilities at Local Departments of Social Services Establishing the Task Force to Study Temporary Disability Insurance Programs and the Process for Assisting Individuals with Disabilities at Local Departments of Social Services; requiring the Task Force to study and make recommendations regarding specified matters; and requiring the Task Force to report its findings and recommendations to the Governor and the General Assembly on or before December 1, 2013; 2

3 2013 HOUSE BILLS HB 1132 Ch. 74 SB 749 Ch. 73 HB 1160 Ch. 576 HB 1203 Ch. 406 HB 1205 Ch. 407 HB 1216 Ch. 289 SB 581 Ch. 288 HB 1252 Ch, 291 SB 582 Ch. 290 HB 1330 Ch. 676 Maryland Automobile Insurance Fund Operational Changes Providing that the Maryland Automobile Insurance Fund is not subject to specified provisions of State law; providing that the Fund is independent of all State units; requiring the Board to employ specified attorneys for specified purposes; removing employees of the Fund from the State Personnel Management System except under specified circumstances; repealing provisions of law that authorize the Legislative Auditor to conduct certain audits of the Fund; Health Insurance Vision Services Provider Contracts Prohibiting a carrier from including in a vision provider contract a provision that requires a vision provider to provide services at a fee set by the carrier or provide discounts on materials that are not covered by benefits; Effective Date April 1, 2014 Homeowner s or Renter s Insurance Policy Exclusions for Specific Breeds or Mixed Breeds of Dogs Notices Requiring specified insurers that exclude coverage for losses caused by specific breeds or specific mixed breeds of dogs under homeowner's or renter's insurance policies to provide a specified notice to an applicant or insured at specified times; Study of Captive Insurers Requiring the Maryland Insurance Administration to study and examine methods to establish and properly regulate a captive insurer industry in the State; authorizing the Administration to hire a specified consultant to assist in the study; and requiring the Administration to report on specified matters to the Governor and specified legislative committees on or before December 31, Health Insurance Federal Mental Health Parity and Addiction Equity Act Notice and Authorization Forms Requiring health maintenance organizations and entities that issue or deliver specified health insurance policies or contracts to provide, on their Web sites and in print, notice about specified benefits for mental illness, emotional disorders, drug abuse, or alcohol abuse required under State law and under the federal Mental Health Parity and Addiction Equity Act and notice that members and insureds may contact the Maryland Insurance Administration for further information; Health Insurance Federal Mental Health Parity and Addiction Equity Act Utilization Review Criteria and Standards Requiring entities that propose to issue or deliver specified insurance policies or contracts in the State or to administer health benefit programs that provide specified coverage to ensure that, when conducting utilization review for mental health and substance abuse benefits, the criteria and standards used are in compliance with the federal Mental Health Parity and Addiction Equity Act; Workers Compensation Insurance Coverage Employer Compliance Altering the procedures for the Workers' Compensation Commission to enforce compliance with specified workers' compensation insurance coverage requirements; altering the requirement for how specified employers secure compensation for covered employees; clarifying the Commission's authority to order employers to secure compensation for covered employees; requiring the Commission to issue specified orders directing specified employers to attend specified hearings under specified circumstances; 3

4 2013 SENATE BILLS SB 65 Ch. 16 SB 224 Ch. 208 SB 313 Ch. 225 HB 370 Ch. 226 SB 446 Ch. 269 HB 342 Ch. 270 SB 496 Ch. 280 SB 581 Ch. 288 HB 1216 Ch. 289 SB 582 Ch. 290 HB 1252 Ch. 291 SB 624 Ch. 300 HB 942 Ch. 301 Workers Compensation Claim Processing Electronic Delivery of Decisions Providing that a copy of specified decisions by the Workers' Compensation Commission may be sent by electronic means to a party or the party's attorney of record under specified circumstances. State Employee and Retiree Health and Welfare Benefits Program Wellness Program Requiring the Secretary of Budget and Management to include a specified wellness program in the State Employee and Retiree Health and Welfare Benefits Program; establishing requirements for the wellness program; requiring the Secretary of Budget and Management to submit reports on implementation to the Governor and specified legislative committees on two specified dates, the latter being on or before February 1, 2016; Workers Compensation Anne Arundel County Deputy Sheriff Altering a specified definition of "public safety employee" to include Anne Arundel County deputy sheriffs for purposes of establishing eligibility for enhanced workers' compensation benefits for a permanent partial disability award for less than a specified number of weeks; and applying the Act prospectively. Homeowner s or Renter s Insurance and Private Passenger Motor Vehicle Insurance Bundling Requirement Prohibited Prohibiting an insurer, with respect to homeowner's insurance or renter's insurance, from denying, refusing to renew, or canceling coverage solely because the applicant or policyholder does not carry private passenger motor vehicle insurance with specified insurers; prohibiting an insurer, with respect to private passenger motor vehicle insurance, from taking specified actions solely because the applicant or policyholder does not carry homeowner's insurance or renter's insurance with specified insurers; Maryland Medical Assistance Program Telemedicine Requiring the Maryland Medical Assistance program to provide a specified reimbursement for services delivered by telemedicine except under specified circumstances. Health Insurance Federal Mental Health Parity and Addiction Equity Act Notice and Authorization Forms Requiring health maintenance organizations and entities that issue or deliver specified health insurance policies or contracts to provide, on their Web sites and in print, notice about specified benefits for mental illness, emotional disorders, drug abuse, or alcohol abuse required under State law and under the federal Mental Health Parity and Addiction Equity Act and notice that members and insureds may contact the Maryland Insurance Administration for further information; Health Insurance Federal Mental Health Parity and Addiction Equity Act Utilization Review Criteria and Standards Requiring entities that propose to issue or deliver specified insurance policies or contracts in the State or administer health benefit programs that provide specified coverage to ensure that, when conducting utilization review for mental health and substance abuse benefits, the criteria and standards used are in compliance with the federal Mental Health Parity and Addiction Equity Act; Identity Fraud Health Information and Health Care Records Prohibiting a person from knowingly and willfully possessing, obtaining, or helping another to possess or obtain personal identifying information with fraudulent intent to access medical information or services; prohibiting a person from using a specified device knowingly, willfully, and with fraudulent intent to access medical information or services; providing penalties for a violation; authorizing a court to order restitution; 4

5 2013 SENATE BILLS SB 682 Ch. 525 SB 736 Ch. 311 SB 749 Ch. 73 HB 1132 Ch. 74 SB 769 Ch. 318 SB 777 Ch. 321 SB 798 Ch. 324 SB 904 Ch. 575 HB 1160 Ch. 576 SB 930 Ch. 334 Portable Electronics Insurance Compensation of Employees of Vendors Disclosures to Customers and Study Providing that a vendor of portable electronics insurance or an authorized representative of the vendor may compensate employees of the vendor or an authorized representative in a specified manner; altering the content of disclosures that a vendor of portable electronics insurance must provide to customers under specified circumstances; requiring the Maryland Insurance Commissioner to make specified determinations and review specified laws, practices, guidelines, and standards relating to limited lines insurance; Insurance Fraudulent Insurance Acts Compensation for Deductible Providing that it is a fraudulent insurance act for a person to pay or otherwise compensate, or offer or promise to pay or compensate, an insured for all or part of a specified insurance deductible as an inducement to enter into a contract to furnish goods or services; and providing penalties for a violation of the Act. Maryland Automobile Insurance Fund Operational Changes Requiring health insurance carriers to provide a specified notice to insureds and enrollees, and post a specified notice on the carrier's Web site, that an insured or enrollee may access specified information and submit specified comments relating to proposed rate increases on the Maryland Insurance Administration's Web site. Effective Dates: July 1, 2013 and October 1, 2013 Health Benefit Plans Proposed Rate Increases Notice to Insureds Requiring health insurance carriers that file a proposed rate increase for a health benefit plan with the Maryland Insurance Commissioner to send a specified notice in a specified manner to insureds affected by the proposed rate increase; authorizing the notice to be sent by electronic mail under specified circumstances; and authorizing the Commissioner to adopt specified regulations. Insurance Ceding Insurers and Reinsurance Requiring that a domestic ceding insurer be allowed credit for reinsurance in specified manners under specified circumstances; providing for specified credit to be allowed under specified circumstances depending on the licensure or authorization status and accreditation status of the assuming insurer; establishing requirements and procedures for an assuming reinsurer to be accredited by the Maryland Insurance Commissioner; Hospitals Credentialing and Privileging Process Telemedicine Authorizing a hospital, in its credentialing and privileging process for a physician who provides medical services to patients at the hospital only through telemedicine from a distant-site hospital or distant-site telemedicine entity, to rely on credentialing and privileging decisions made for the physician by the distant-site hospital or distant-site telemedicine entity under specified circumstances. Health Insurance Vision Services Provider Contracts Prohibiting a carrier from including in a vision provider contract a provision that requires a vision provider to provide services at a fee set by the carrier or provide discounts on materials that are not covered by benefits; Effective Date: April 1, 2014 Maryland Automobile Insurance Fund Acceptance of Premiums on Installment Payment Basis and Premium Finance Agreements Authorizing the Maryland Automobile Insurance Fund to accept premiums on an installment payment basis under specified circumstances; requiring the Maryland Insurance Commissioner to ensure specified provisions of an installment payment plan; prohibiting the Fund from discriminating among insureds in a specified manner; prohibiting the Fund from considering, in determining specified commissions, whether a fund producer placed an insured in an installment payment plan; Effective Date: July 1,

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