clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Session Laws, 2003
Volume 799, Page 2519   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

ROBERT L. EHRLICH, JR., Governor

Ch. 356

1. TO EACH OFFICER AND EXECUTIVE OF THE NONPROFIT
HEALTH SERVICE PLAN; AND

2. TO EACH CANDIDATE FOR AN OFFICER OR EXECUTIVE
POSITION WITH THE NONPROFIT HEALTH SERVICE PLAN; AND

(II) ADHERE TO THE APPROVED GUIDELINES IN COMPENSATING
THE OFFICERS AND EXECUTIVES OF THE NONPROFIT HEALTH SERVICE PLAN.

(7) ON AN ANNUAL BASIS, THE COMMISSIONER SHALL REVIEW THE
COMPENSATION PAID BY THE NONPROFIT HEALTH SERVICE PLAN TO EACH OFFICER
AND EXECUTIVE.

(8) IF THE COMMISSIONER FINDS THAT THE COMPENSATION EXCEEDS
THE AMOUNT AUTHORIZED UNDER THE APPROVED GUIDELINES, THE
COMMISSIONER SHALL ISSUE AN ORDER PROHIBITING PAYMENT OF THE EXCESS
AMOUNT.

(E) THE APPROVAL OR RECEIPT OF REMUNERATION IN VIOLATION OF AN
ORDER ISSUED UNDER SUBSECTION (D)(8) OF THIS SECTION IS A VIOLATION OF §
14-115(C) OF THIS SUBTITLE AND SHALL BE CONSIDERED AN UNSOUND OR UNSAFE
BUSINESS PRACTICE UNDER § 14-116 OF THIS SUBTITLE.

[(c)] (F) (1) EXCEPT FOR AN EMPLOYEE UNDER SUBSECTION (C) OF THIS
SECTION, A person that violates subsection (a) OR (C) of this section is subject to a civil
penalty not exceeding [$5,000] $10,000 for each violation.

(2) Instead of or in addition to imposing a civil penalty, the
Commissioner may require the violator to make restitution to any person that has
suffered financial injury as a result of the violation.

[(d)](G) In determining the amount of financial penalty to be imposed, the
Commissioner shall consider:

(1)     the seriousness of the violation;

(2)     the good faith of the violator;

(3)     the violator's history of previous violations;

(4)     the deleterious effect of the violation on the public and the nonprofit
health service industry; and

(5)     the assets of the violator.

[(e)](H) (1) Before assessing a civil penalty OR RESTITUTION, the
Commissioner shall serve by certified mail, return receipt requested, on the person to
be charged a notice that contains:

(i) the specifications of the charge; and

(ii) the time and place of a hearing to be held on the charges.

- 2519 -

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 2003
Volume 799, Page 2519   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 11, 2023
Maryland State Archives