MARVIN MANDEL, Governor

1397

HELD.

(2) AFTER A HEARING OR UPON FAILURE OF THE
ACCUSED TO APPEAR AT THE HEARING, THE COMMISSIONER, IN
ACCORDANCE WITH JOINT INTERNAL ADMINISTRATIVE RULES AND
PROCEDURES, SHALL IMPOSE ANY OF THE ABOVE PENALTIES
DEEMED ADVISABLE.

(C) IF THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE
TAKES ACTION UNDER SECTION 849(B)(4) OF THIS SUBTITLE,
WHICH OBLIGATES THE COMMISSIONER TO TAKE ACTION IN ANY OR
ALL OF THE WAYS PROVIDED BY THIS SECTION, THE AGGRIEVED
PARTY MAY APPEAL AS PROVIDED BY SECTIONS 255 AND 2 56 OF
ARTICLE 41 OF THIS CODE, THE ADMINISTRATIVE PROCEDURE
ACT, INSOFAR AS THE APPEAL PERTAINS TO THE ACTION OF THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE.

851.

NO HEALTH MAINTENANCE ORGANIZATION MAY BE PREVENTED
FROM SOLICITING MEMBERS THROUGH ADVERTISING ITS SERVICES,
CHARGES OR OTHER NONPROFESSIONAL ASPECTS OF ITS
OPERATION. HOWEVER, THIS SECTION MAY NOT BE CONSTRUED TO
AUTHORIZE ANY ADVERTISING WHICH IDENTIFIES, REFERS TO, OR
MAKES ANY QUALITATIVE JUDGMENT CONCERNING ANY HEALTH
PROFESSIONAL WHO PROVIDES SERVICES FOR A HEALTH
MAINTENANCE ORGANIZATION.

852.

NO HEALTH MAINTENANCE ORGANIZATION MAY CANCEL THE
ENROLLMENT OF A MEMBER OR REFUSE TO TRANSFER A MEMBER
FROM A GROUP TO AN INDIVIDUAL BASIS FOR REASONS RELATING
TO AGE, SEX, RACE, OR HEALTH STATUS. HOWEVER, NOTHING
CONTAINED HEREIN MAY PREVENT CANCELLATION OF A CONTRACT
WITH MEMBERS WHO VIOLATE ANY PUBLISHED POLICIES OF THE
ORGANIZATION WHICH HAVE BEEN APPROVED BY THE COMMISSIONER
AND THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE IN
ACCORDANCE WITH THEIR JOINT INTERNAL ADMINISTRATIVE RULES
AND PROCEDURES.

853.

(A) (1) NO HEALTH MAINTENANCE ORGANIZATION MAY
INCLUDE IN ITS NAME THE WORDS "INSURER", "CASUALTY",
"SURETY", "HEALTH AND ACCIDENT" OR ANY WORDS GENERALLY
REGARDED AS DESCRIPTIVE OF THE INSURANCE INDUSTRY.

(2) THIS PROVISION DOES NOT APPLY TO AN
INSURER OR HEALTH SERVICE CORPORATION LICENSED AND
REGULATED PURSUANT TO THE LAWS OF THIS STATE, EXCEPT WITH
RESPECT TO ITS HEALTH MAINTENANCE ORGANIZATION ACTIVITIES
AUTHORIZED AND REGULATED PURSUANT TO THIS SUBTITLE.