HARRY HUGHES, Governor                                     1627

(D)  IN THE EVENT OF THE LIQUIDATION OR REHABILITATION OF A
HEALTH MAINTENANCE ORGANIZATION UNDER THIS SECTION, MEMBERS OF
THE HEALTH MAINTENANCE ORGANIZATION SHALL HAVE THE SAME PRIORITY
OF CLAIMS AS PROVIDED IN ARTICLE 48A, § 158A OF THE CODE.

(E)  (1) A HEALTH CARE PROVIDER MAY NOT ASSERT A CLAIM OF
SUBROGATION AGAINST:

(I)  A MEMBER OF AN INSOLVENT HEALTH MAINTENANCE
ORGANIZATION; OR

(II)  AGAINST ANY INDIVIDUAL, ORGANIZATION, OR
GOVERNMENT AGENCY WHICH HAS MADE PAYMENTS TO THE HEALTH
MAINTENANCE ORGANIZATION ON BEHALF OF A MEMBER.

(2) NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION,
A HEALTH CARE PROVIDER MAY ASSERT ANY CLAIM IT MAY HAVE AGAINST
THE RECEIVER OF THE INSOLVENT HEALTH MAINTENANCE ORGANIZATION.

19-709.

(b) In addition to the fee required under subsection (a) of
this section, each health maintenance organization shall pay a
reasonable sum, not exceeding [$2,500] $7,500, that the
Commissioner finds to be the cost of the investigations made by
the Commissioner and the Department as required under this
subtitle.

19-718.

(a)  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) (1) In an examination under subsection (a) of this
section, the officers and employees of the health maintenance
organization shall:

[(l)] (I) Cooperate with and help the Commissioner
and the agents; and

[(2)] (II) 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.

(2) (I) IF THE COMMISSIONER FINDS ACCOUNTS OF A
HEALTH MAINTENANCE ORGANIZATION BEING EXAMINED TO BE INADEQUATE,
OR INADEQUATELY KEPT OR POSTED, THE COMMISSIONER SHALL GIVE THE
HEALTH MAINTENANCE ORGANIZATION NOTICE AND A REASONABLE
OPPORTUNITY TO REWRITE, POST, OR BALANCE THE ACCOUNTS.

(II) IF, AFTER BEING NOTIFIED UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH, A HEALTH MAINTENANCE
ORGANIZATION BEING EXAMINED HAS FAILED TO COMPLETE OR CORRECT THE