1038

LAWS OF MARYLAND

Ch. 21

enables the Commissioner to required financial
information.

Defined, terms: "Commissioner" § 19-701
"Health maintenance organization" § 19-701
"Includes"/"including" § 1-101

19-718. FINANCIAL AFFAIRS.

(A)  EXAMINATION.

THE COMMISSIONER OR AN AGENT OF THE COMMISSIONER SHALL
EXAMINE THE FINANCIAL AFFAIRS AND STATUS OF EACH HEALTH
MAINTENANCE ORGANIZATION AT LEAST ONCE EVERY 3 YEARS.

(B)  ASSISTANCE AND RECORDS.

IN AN EXAMINATION UNDER SUBSECTION (A) OF THIS SECTION,
THE OFFICERS AND EMPLOYEES OF THE HEALTH MAINTENANCE
ORGANIZATION SHALL:

(1)  COOPERATE WITH AND HELP THE COMMISSIONER AND
THE AGENTS; AND

(2)  GIVE THEM CONVENIENT ACCESS TO ALL BOOKS,
RECORDS, PAPERS, AND DOCUMENTS THAT RELATE TO THE BUSINESS
OF THE HEALTH MAINTENANCE ORGANIZATION, INCLUDING FINANCIAL
RECORDS OF PROVIDERS THAT PROVIDE SERVICES UNDER CONTRACT-

(C)  OATH.

THE COMMISSIONER MAY EXAMINE UNDER OATH ANY OFFICER,
AGENT, EMPLOYEE, OR SUBSCRIBER OF THE HEALTH MAINTENANCE
ORGANIZATION, OR ANY OTHER PERSON WHO HAS OR EVER HAD ANY
RELATION TO ITS AFFAIRS, TRANSACTIONS, OR FINANCIAL
CONDITIONS.

(D)  HEALTH AND MEDICAL RECORDS.

(1)  HEALTH AND MEDICAL RECORDS OF MEMBERS OF A
HEALTH MAINTENANCE ORGANIZATION MAY BE EXAMINED BY THE
COMMISSIONER ONLY UNDER A COURT ORDER ON A SHOWING OF GOOD
CAUSE.

(2)  THESE RECORDS SHALL BE AVAILABLE TO ANY
OTHER PERSON WHO THE DEPARTMENT AUTHORIZES UNDER PROCEDURES
THAT KEEP THE IDENTITY OF PATIENTS AS CONFIDENTIAL AS
POSSIBLE.

REVISOR'S NOTE: This section formerly appeared as
Article 43, § 847(f)(2), (3), and the second and
third sentences of (1).

In subsection (c) of this section, the former
reference to a person with "substantial part in"