Maryland § 2-115

§ 2-115.

    (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.