Crofton, MD asked in Health Care Law for Maryland

Q: What is the definition of “ insurance policies that are issued or delivered in the State”?

Regarding Maryland Insurance Article Section 15-810, "Benefits for In Vitro Fertilization.” Specifically, if I live and work in MD, would my insurance (BCBS federal) be considered to be issued/delivered in the state?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Probably, yes, but that's not the end of the inquiry. Whether federal laws override state laws regarding specific insurance plans offered under an employer-employee plan is another question altogether. There are federal agency health insurance plans, and there are private plans issued under the federal ERISA law, which may override Maryland state laws to the contrary. There is a federal law that reserves to states the right to pass their own laws governing insurance regulation within their borders, but there are also exceptions. ERISA, for example, often preempts contrary state laws affecting plans issued under it provisions. This is a complex area, and there are no easy one-size-fits-all answers.

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