1. A. Variable Information.

   1. (1) Individual Contracts.

      1. (a) Except as specified in §A(1)(b) of this regulation, a carrier may not include variable material in an individual contract, or in a form to be used with an individual contract.

      2. (b) A carrier may include variable material in an individual contract or in a form to be used with an individual contract in the following portions of the form:

         1. (i) The specifications, data, or schedule page;
         2. (ii) The product marketing name;
         3. (iii) The address of the carrier;
         4. (iv) Signatures of officers of the carrier;
         5. (v) Descriptions of copayment amounts, deductibles, coinsurance amounts, out-of-pocket limits, annual maximums, or lifetime maximums;
         6. (vi) Specific dates, such as effective dates and termination dates; and
         7. (vii) Descriptions of benefit amounts, benefit limits, waiting periods or elimination periods.

      3. (c) If an individual contract or a form to be used with an individual contract contains variable material as permitted under §A(1)(b) of this regulation, the carrier shall:

         1. (i) Bracket the variable material or otherwise mark the variable material to denote variability; and
         2. (ii) Include a statement of variability, in duplicate, that discusses how each variable item may change.

      4. (d) After an individual contract or a form to be used with an individual contract is approved with variable material, a carrier may not submit a new statement of variability to be used with the previously approved individual contract or form, except for the following:

         1. (i) Copayment amounts;
         2. (ii) Coinsurance amounts;
         3. (iii) Deductible amounts;
         4. (iv) Out-of-pocket limits;
         5. (v) Annual maximums;
         6. (vi) Lifetime maximums;
         7. (vii) Benefit amounts;
         8. (viii) Benefit limits;
         9. (ix) Waiting periods; or
         10. (x) Elimination periods.

      5. (e) A carrier shall include the following with a new statement of variability filing for a previously approved individual contract or form:

         1. (i) A cover letter identifying the carrier and the carrier's National Association of Insurance Commissioners company code number; and
         2. (ii) The form number and date of approval of the form for which new variable material is being submitted.

   2. (2) Group Contracts.

      1. (a) A carrier may include variable material in a group contract or in a form to be used with a group contract, if the carrier:

         1. (i) Brackets the variable material or otherwise marks the variable material to denote variability; and
         2. (ii) Includes a statement of variability, in duplicate, that discusses how each variable item may change, including all textual variations that are intended.

      2. (b) After a group contract or a form to be used with a group contract is approved with variable material, a carrier may not submit a new statement of variability to be used with the previously approved group contract or form, except for the following:

         1. (i) Copayment amounts;
         2. (ii) Coinsurance amounts;
         3. (iii) Deductible amounts;
         4. (iv) Out-of-pocket limits;
         5. (v) Annual maximums;
         6. (vi) Lifetime maximums;
         7. (vii) Benefit amounts;
         8. (viii) Benefit limits;
         9. (ix) Waiting periods; or
         10. (x) Elimination periods.

      3. (c) A carrier shall include the following with a new statement of variability filing for a previously approved group contract or form:

         1. (i) A cover letter identifying the carrier and the carrier's National Association of Insurance Commissioners company code number; and
         2. (ii) The form number and date of approval of the form for which new variable material is being submitted.

2. B. Contracts with Insert Pages.

   1. (1) A carrier may file for approval of a contract on an insert page basis, only if:

      1. (a) Each insert page is identified by a unique form number appearing in the lower left corner of the insert page; and

      2. (b) The carrier includes the following in the filing submission:

         1. (i) A description of how the various insert pages will be combined;
         2. (ii) A listing of the insert pages that can be substituted for other specific insert pages; and
         3. (iii) The filing fee required under Insurance Article, §2-112, Annotated Code of Maryland, for each insert page with a unique form number.
   2. (2) A carrier may not file for approval of insert pages for use with a previously approved contract, if the previously approved contract was not approved on an insert page basis.

   3. (3) If a carrier files for approval of insert pages for a previously approved contract, the submission shall:

      1. (a) Identify by form number and date of approval any insert pages that the new insert pages will replace; and
      2. (b) Include a copy of the currently approved contract, unless the Commissioner waives the requirement or determines that a copy is not necessary to review the submission.

3. C. Contracts Comprised of Sections.

   1. (1) A carrier may file for approval of a contract on a sectional basis, only if:

      1. (a) Each section is identified by a unique form number appearing in the lower left corner of the first page of the section; and

      2. (b) The carrier includes the following in the filing submission:

         1. (i) A description of how the various sections will be combined;
         2. (ii) A listing of the sections that can be substituted for other specific sections; and
         3. (iii) The filing fee required under Insurance Article, §2-112, Annotated Code of Maryland, for each section with a unique form number.
   2. (2) A carrier may not file for approval of sections for use with a previously approved contract, if the previously approved contract was not approved on a sectional basis.

   3. (3) If a carrier files for approval of sections for a previously approved contract, the submission shall:

      1. (a) Identify by form number and date of approval any sections that the new sections will replace; and
      2. (b) Include a copy of the currently approved contract, unless the Commissioner waives the requirement or determines that a copy is not necessary to review the submission.

Authority: Insurance Article, §§2-109, 8-433(a), 12-203(a)(1)(i) and (2) and (b), 13-110(a), 14-109(3)(iv), 14-110(a)(2)(iii)1, 14-126, 14-405(b)(8) and (9), 14-410(c), 15-904, and 16-504(e), Annotated Code of Maryland

Effective date: June 1, 1967

Amended effective May 1, 1968

Regulations .01 and .02I amended effective September 23, 1985 (12:19 Md. R. 1848)

Regulation .01 amended effective July 19, 1993 (20:14 Md. R. 1169)

Regulation .02A-1 adopted effective July 19, 1993 (20:14 Md. R. 1169)

Chapter recodified from COMAR 09.30.45 to COMAR 31.04.17 effective September 7, 1998 (25:18 Md. R. 1439)

Chapter revised effective April 25, 2005 (32:8 Md. R. 743)

Regulation .03M amended effective October 1, 2019 (46:17 Md. R. 727)

Regulation .03O adopted effective June 20, 2016 (43:12 Md. R. 668)

Regulation .13A amended effective October 3, 2011 (38:20 Md. R. 1205)