Sec. 31.11.09.02. Standards for Approval to Solicit

A. An insurer seeking the Commissioner's approval to solicit coverage in this State under a group health or blanket health insurance policy issued in another jurisdiction shall submit to the Commissioner documentation sufficient to enable the Commissioner to determine whether the type of group to be covered conforms substantially to one of the types of groups described in Insurance Article, §15-302 or 15-305, Annotated Code of Maryland. An insurer may not solicit this coverage in Maryland until the Commissioner has made that determination.

B. If the Commissioner determines that the type of group to be covered conforms substantially to one of the types of groups described in Insurance Article, §15-302 or 15-305, Annotated Code of Maryland, the insurer shall file with the Commissioner all forms and endorsements necessary to demonstrate that the insurer provides all of the applicable benefits which are required by Insurance Article, Annotated Code of Maryland, to be included in a group health or blanket health insurance policy issued in another jurisdiction.

C. If the Commissioner determines that the type of group to be covered does not conform substantially to one of the types of groups described in Insurance Article, §15-302 or 15-305, Annotated Code of Maryland, the insurer shall submit to the Commissioner each policy form, certificate form, application form, rider, and endorsement which it proposes to use in connection with insurance coverage provided to Maryland residents.

D. Each filing made pursuant to these regulations shall be made not less than 60 days in advance of the form's use. At the expiration of the 60-day period, unless extended by the Commissioner an additional 30 days, the right to solicit the filed coverage is considered approved unless the Commissioner has previously approved or disapproved the right to solicit the filed coverage.

E. The Commissioner may at any time withdraw approval previously given by sending to the insurer, not less than 30 days in advance of the effective date of the Commissioner's action, a notice of withdrawal setting forth the grounds for withdrawal in sufficient detail as to reasonably apprise the insurer of the basis for withdrawal.

F. Approval to solicit coverage in this State may not be given if any of the forms fail to contain those applicable benefits which are required by Insurance Article, Annotated Code of Maryland, to be included in a group or blanket health insurance policy issued in another jurisdiction.