Section 2-115 - Adoption of regulations in emergency.

§ 2-115. Adoption of regulations in emergency.
 

(a)  Declaration of emergency.- 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; or 

(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. 

(b)  In general.- 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)  Activation of regulation.-  

(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) 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. 

(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. 
 

[2008, ch. 63.]