1. A. An opportunity for a fair hearing shall be granted if an applicant claims that:

   1. (1) The determination or redetermination received from the Exchange of the applicant’s eligibility for enrollment in a qualified health plan is incorrect;
   2. (2) The determination or redetermination received from the Exchange of the applicant’s eligibility for an insurance affordability program is incorrect; or
   3. (3) The determination or redetermination received from the Exchange of the applicant’s eligibility for enrollment in a qualified health plan or an insurance affordability program is untimely as set forth in applicable law.
2. B. The administrative law judge need not grant a fair hearing if the sole issue is a federal or State law requiring an automatic change adversely affecting some or all applicants.

Authority: Insurance Article, §§31-106(c)(1)(iv) and 31-108(b)(1), (10), and (17), Annotated Code of Maryland

Effective date: June 8, 2015 (42:11 Md. R. 726)

Regulation .01 amended effective November 29, 2021 (48:24 Md. R. 1025)

Regulation .02B amended effective November 29, 2021 (48:24 Md. R. 1025)

Regulation .09C amended effective November 29, 2021 (48:24 Md. R. 1025)

Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)