HARRY HUGHES, Governor

1045

the Secretary must withdraw approval from the
organization before the Commissioner acts.

Defined terms: "Commissioner" § 19-701
"Department" § 1-101 "Secretary" § 1-101
"Health maintenance organization" § 19-701

19-729. PROHIBITED ACTS; REMEDIES.

(A) PROHIBITED ACTS.

A HEALTH MAINTENANCE ORGANIZATION MAY NOT:

(1)  VIOLATE ANY PROVISION OF THIS SUBTITLE OR
ANY RULE OR REGULATION ADOPTED UNDER IT;

(2)  FAIL TO FULFILL ITS OBLIGATIONS TO PROVIDE
THE HEALTH CARE SERVICES SPECIFIED IN ITS CONTRACTS WITH
SUBSCRIBERS;

(3)  MAKE ANY FALSE STATEMENT WITH RESPECT TO ANY
REPORT OR STATEMENT REQUIRED BY THIS SUBTITLE OR BY THE
COMMISSIONER UNDER THIS SUBTITLE;

(4)  ADVERTISE, MERCHANDISE, OR ATTEMPT TO
MERCHANDISE ITS SERVICES IN A WAY THAT MISREPRESENTS ITS
SERVICES OR CAPACITY FOR SERVICE;

(5)  ENGAGE IN A DECEPTIVE, MISLEADING, UNFAIR,
OR UNAUTHORIZED PRACTICE AS TO ADVERTISING OR MERCHANDISING;

(6)  PREVENT OR ATTEMPT TO PREVENT THE
COMMISSIONER OR THE DEPARTMENT FROM PERFORMING ANY DUTY
IMPOSED BY THIS SUBTITLE;

(7)  FRAUDULENTLY OBTAIN OR FRAUDULENTLY ATTEMPT
TO OBTAIN ANY BENEFIT UNDER THIS SUBTITLE; OR

(8)  FAIL TO FULFILL THE BASIC REQUIREMENTS TO
OPERATE AS A HEALTH MAINTENANCE ORGANIZATION AS PROVIDED IN
§ 19-710 OF THIS SUBTITLE.

(B) REMEDIES.

IF ANY HEALTH MAINTENANCE ORGANIZATION VIOLATES THIS
SECTION, THE COMMISSIONER MAY PURSUE ANY ONE OR MORE OF THE
COURSES OF ACTION DESCRIBED IN § 19-730 OF THIS SUBTITLE.

REVISOR'S NOTE: Subsections (a)(1) through (7) and (b)
of this section formerly appeared as the
introductory clause of Article 43, § 850(a).

Subsection (a)(8) of this section is new language
added to state explicitly a basic intention of

the statute.