Ch. 348                                    1996 LAWS OF MARYLAND

2. CONVICTED OF HOMICIDE BY MOTOR VEHICLE WHILE
INTOXICATED UNDER ARTICLE 27, § 388A OF THE CODE IN CONNECTION WITH THE
ACCIDENT; OR

3. CONVICTED OF VEHICULAR ASSAULT IN CONNECTION
WITH THE ACCIDENT.

(3) FOR PURPOSES OF THIS SUBSECTION, THERE IS A REBUTTABLE
PRESUMPTION THAT A PERSON KNOWS OR HAS REASON TO KNOW THAT A MOTOR
VEHICLE IS NOT COVERED BY THE REQUIRED SECURITY UNDER SUBSECTION (A) OF
THIS SECTION IF SECURITY PREVIOUSLY IN EFFECT HAD LAPSED, TERMINATED, OR
WAS OTHERWISE INEFFECTIVE FOR A PERIOD OF AT LEAST 30 DAYS BEFORE THE
ACCIDENT.

(4) IF A PERSON HAS WAIVED THE RIGHT TO RECOVER FOR
NONECONOMIC LOSS UNDER THIS SUBSECTION:

(I) THE PERSON MAY NOT PRESENT ANY EVIDENCE OF
NONECONOMIC LOSS TO THE TRIER OF FACT; AND

(II) THE TRIER OF FACT MAY NOT BE INFORMED OF THE
EXISTENCE OF THE WAIVER OR ITS EFFECT ON THE TOTAL AMOUNT OF THE
PERSON'S RECOVERY.

SECTION 3. AND BE IT FURTHER ENACTED, That notwithstanding any
other provision of law, for the period beginning July 1, 1996 through June 30, 1997, with
respect to health care services, as defined in § 19-1501 of the Health—General Article,
relating to soft tissue injuries resulting from a motor vehicle accident, an insurer
providing benefits under Article 48A, § 539 or providing coverage under Article 48A, §
541(a) and (c) may not be required to pay and a person providing such health care
services may not require or request payment in excess of that provided under the federal
medicare system as of January 1, 1996. If a reimbursement rate has not been calculated
for the medicare system, for a health care service, the amount payable may not exceed
80% of the provider's usual and customary charge. A provider subject to this section may
not bill the insured or injured person or otherwise attempt to collect any difference
between the amount payable under this section and any other amount charged by the
provider.

SECTION 4. AND BE IT FURTHER ENACTED, That the Insurance Fraud
Division of the Maryland Insurance Administration, in consultation with the Maryland
State Police, the Baltimore City Police Department, and other interested parties, shall
establish as a pilot project an accident reporting unit in Baltimore City. The purpose of
the accident reporting unit shall bo to reduce the incident of insurance fraud. The Fraud
Division is authorized to impose an annual assessment on each insurer or other entity
authorized to operate in the State under Article 48A of the Code based on the written
premium volume of the insurer or other entity. The assessment may bo imposed for no
more than 3 years, and the total of all assessments may not exceed $500,000. The
assessment shall be paid into the Insurance Fraud Division Fund and shall be used solely
for the operation of the accident reporting unit.

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