Ch. 295                                    2003 LAWS OF MARYLAND

(ii) the agency receiving the disclosure agrees in writing to keep the
disclosure confidential and in a manner consistent with this section; and

(iii) the Commissioner is satisfied that the agency will preserve the
confidential nature of the information.

(3) Notwithstanding the provisions of this subsection, final reports of
examinations are considered public documents and may be disclosed to the public.

(h) The Commissioner may not disclose any information obtained from
another state if the information is:

(1)     related to an examination made by the other state on an insurer
domiciled in that state; and

(2)     of a nature that would be considered confidential under paragraph
(1) of this subsection if the examination had been made by this State under § 2-205 or
§ 2-206 of this subtitle or § 23-103 [or], § 15-10B-19, OR § 15-10B-20 of this article.

15-10B-20.

(A)     IN ADDITION TO THE REQUIREMENTS UNDER § 15-10B-19 OF THIS
SUBTITLE, THE COMMISSIONER SHALL CONDUCT AN EXAMINATION OF ANY
PHARMACY BENEFIT MANAGER REGISTERED AS A PRIVATE REVIEW AGENT TO
DETERMINE WHETHER THE PHARMACY BENEFIT MANAGER IS ACTING IN
COMPLIANCE WITH THIS SUBTITLE.

(B)     THE EXAMINATION SHALL BE CONDUCTED:

(1)      IN ACCORDANCE WITH § 2-207 OF THIS ARTICLE; AND

(2)      AT LEAST ONCE EVERY 3 YEARS.

(C)     THE EXPENSE OF THE EXAMINATION SHALL BE PAID IN ACCORDANCE
WITH § 2-208 OF THIS ARTICLE.

(D)     THE REPORTS OF THE EXAMINATION SHALL BE ISSUED IN ACCORDANCE
WITH § 2-209 OF THIS ARTICLE.

SECTION 2. AND BE IT FURTHER ENACTED, That the Insurance
Commissioner shall, in accordance with § 2-1246 of the State Government Article,
submit a copy of the final report of the examination required under Section 1 of this
Act to the Senate Finance Committee and the House Health and Government
Operations Committee within 30 days of the completion of the final report.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2003.

Approved May 13, 2003.

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