1396

LAWS OF MARYLAND

[Ch. 276

STATEMENT WITH RESPECT TO ANY REPORT OR STATEMENT
REQUIRED BY THIS SUBTITLE OR BY THE COMMISSIONER UNDER
THIS SUBTITLE; (4) ADVERTISED OR MERCHANDISED, OR
ATTEMPTED TO MERCHANDISE, ITS SERVICES IN SUCH A MANNER
AS TO MISREPRESENT ITS SERVICES OR CAPACITY FOR SERVICE,
OR HAS ENGAGED IN DECEPTIVE, MISLEADING, UNFAIR, OR
UNAUTHORIZED PRACTICES WITH RESPECT TO ADVERTISING OR
MERCHANDISING; (5) PREVENTED THE COMMISSIONER AND/OR
THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE IN ACCORDANCE
WITH JOINT INTERNAL ADMINISTRATIVE RULES AND PROCEDURES
PROM THE PERFORMANCE OF ANY DUTY IMPOSED BY THIS
SUBTITLE; OR (6) FRAUDULENTLY PROCURED OR FRAUDULENTLY
ATTEMPTED TO PROCURE ANY BENEFIT UNDER THIS SUBTITLE, THE
COMMISSIONER MAY PURSUE ANY ONE OR MORE OF THE FOLLOWING
COURSES OF ACTION:

(I)     SUSPEND OR REVOKE THE CERTIFICATE OF
AUTHORITY TO DO BUSINESS AS A HEALTH MAINTENANCE
ORGANIZATION; OR

(II)        IMPOSE A PENALTY OF NOT MORE THAN
$1,000 FOR EACH AND EVERY UNLAWFUL ACT COMMITTED; OR

(III)         ISSUE AN ADMINISTRATIVE ORDER
REQUIRING THE HEALTH MAINTENANCE ORGANIZATION:

(A)     TO CEASE INAPPROPRIATE CONDUCT OR
PRACTICES BY IT OR ANY OF THE PERSONNEL EMPLOYED OR
ASSOCIATED WITH IT; OR

(B)      TO FULFILL ITS CONTRACTUAL
OBLIGATIONS; OR

(C)    TO PROVIDE A SERVICE WHICH HAS
BEEN IMPROPERLY DENIED; OR

(D)      TO TAKE APPROPRIATE STEPS TO
RESTORE ITS ABILITY TO SUPPLY A SERVICE WHICH IS PROVIDED
UNDER A CONTRACT; OR

(IV)    APPLY TO ANY COURT FOR LEGAL OR
EQUITABLE RELIEF DEEMED APPROPRIATE BY THE COMMISSIONER
AND/OR THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE IN
ACCORDANCE WITH JOINT INTERNAL ADMINISTRATIVE RULES AND
PROCEDURES.

(B) (1) BEFORE ANY ACTION UNDER THIS SECTION OR
UNDER SECTION 849(B)(4) OF THIS SUBTITLE IS TAKEN BY THE
COMMISSIONER AND/OR THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE, WRITTEN NOTICE SHALL BE GIVEN TO THE
ORGANIZATION, ITS AGENT OR OFFICER THEREOF ACCUSED OF
VIOLATING THE LAW, STATING SPECIFICALLY THE NATURE OF THE
ALLEGED VIOLATION AND FIXING A TIME AND PLACE, AT LEAST
TEN DAYS THEREAFTER, WHEN A HEARING OF THE MATTER WILL BE