Ch. 7

2007 Laws of Maryland

(G) (1) IN THIS SUBSECTION, "PROMINENT CARRIER" MEANS A
CARRIER THAT INSURES AT LEAST 10% OF THE TOTAL LIVES INSURED IN THE
SMALL GROUP MARKET.

(2)       (I) A PROMINENT CARRIER SHALL OFFER A WELLNESS
BENEFIT FOR A HEALTH BENEFIT PLAN OFFERED UNDER THIS SUBTITLE.

(II) A CARRIER THAT IS NOT A PROMINENT CARRIER MAY
OFFER A WELLNESS BENEFIT FOR A HEALTH BENEFIT PLAN OFFERED UNDER
THIS SUBTITLE.

(3)       A CARRIER MAY NOT CONDITION THE SALE OF A WELLNESS
BENEFIT TO A SMALL EMPLOYER ON PARTICIPATION OF THE ELIGIBLE
EMPLOYEES OF THE SMALL EMPLOYER IN WELLNESS PROGRAMS OR
ACTIVITIES.

15-1206.

(G) (1) A LICENSED INSURANCE PRODUCER SHALL PROVIDE TO A
SMALL EMPLOYER INFORMATION ABOUT. IN CONNECTION WITH THE SALE.
SOLICITATION. OR NEGOTIATION OF A HEALTH BENEFIT PLAN TO A SMALL
EMPLOYER. SHALL:

(I)        BONA FIDE WELLNESS PROGRAMS:

1. AS DEFINED IN § 27-210 OF THIS ARTICLE; AND

2. THAT MEET THE REQUIREMENTS OF ANY
REGULATIONS ADOPTED BY THE COMMISSION PROVIDE INFORMATION TO THE
SMALL EMPLOYER ABOUT WELLNESS BENEFITS: AND

(II)      THE ADVISE THE SMALL EMPLOYER TO CONSULT A TAX
ADVISOR ABOUT THE TAX ADVANTAGES OF A PAYROLL DEDUCTION PLAN THAT
SATISFIES UNDER § 125 OF THE INTERNAL REVENUE CODE.

(2) THE INFORMATION SHALL BE PROVIDED:

(I)        WHENEVER THE EMPLOYER PURCHASES OR RENEWS A
HEALTH INSURANCE POLICY BENEFIT PLAN: AND

(II)      ON REQUEST.

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