Ch. 420

LAWS OF MARYLAND

(b) A health maintenance organization may not use any
advertising that [identifies, refers to, or] makes any
qualitative judgment about any person who provides services for a
health maintenance organization.

19-728.

(b)  The Commissioner is responsible for:

(1)  Determining whether each health maintenance
organization is or will be able to provide a fiscally sound
operation and adequate provision against risk of insolvency AND
MAY ADOPT REASONABLE RULES AND REGULATIONS DESIGNED TO ACHIEVE
THIS GOAL; and

(2)  Actuarial and financial evaluations and
determinations of each health maintenance organization.

(c)  (1) If the Commissioner determines that a health
maintenance organization is not operating in a fiscally sound
manner, the Commissioner shall notify the Department of the
determination.

(2) After NOTIFYING the Department [receives notice]
in accordance with the provisions of paragraph (1) of this
subsection, the [Department] COMMISSIONER shall monitor the
health maintenance organization on a continuous basis until the
[Department] COMMISSIONER determines that the health maintenance
organization is operating in a fiscally sound manner.

SECTION 2. AND BE IT FURTHER ENACTED, That changes made to
§ 19-116 of the Health - General Article as enacted by this Act
shall remain effective only for a period of 1 year and, at the
end of June 30, 1988, and with no further action required by the
General Assembly, the changes made by this Act to § 19-116 of the
Health - General Article shall be abrogated and of no further
force and effect.

SECTION 3. AND BE IT FURTHER ENACTED, That the provisions
of this Act relating to the certificate of need requirements for
an ambulatory surgical facility or center shall not apply for a
health maintenance organization that has written a letter of
notification prior to January 1, 1987 to the Health Resources
Planning Commission indicating its intent to establish an
ambulatory surgical facility or center.

SECTION 2 3. 4. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1987.

Approved May 14, 1987.

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