WILLIAM DONALD SCHAEFER, Governor                   Ch. 754

(2) If a health maintenance organization offers
services that are within the scope of practice of a physician and
another health care practitioner who is licensed under the Health
Occupations Article, the health maintenance organization shall
offer those services through other licensed health care
practitioners, where appropriate, as determined by the health
maintenance organization.

(g) The procedures for offering health care services and
offering and terminating contracts to subscribers may not
discriminate unfairly on the basis of age, sex, race, health, or
economic status. This requirement does not prohibit:

(1)  Reasonable underwriting classifications for
establishing contract rates; or

(2)  Experience rating.

(H) (1) THE TERMS OF THE AGREEMENTS BETWEEN A HEALTH
MAINTENANCE ORGANIZATION AND PROVIDERS OF HEALTH SERVICES SHALL
CONTAIN A "HOLD HARMLESS" CLAUSE.

(2)  THE HOLD HARMLESS CLAUSE SHALL PROVIDE THAT THE
PROVIDER MAY NOT, UNDER ANY CIRCUMSTANCES, INCLUDING NONPAYMENT
OF MONEYS DUE THE PROVIDERS BY THE HEALTH MAINTENANCE
ORGANIZATION, INSOLVENCY OF THE HEALTH MAINTENANCE ORGANIZATION,
OR BREACH OF THE PROVIDER CONTRACT, BILL, CHARGE, COLLECT A
DEPOSIT, SEEK COMPENSATION, REMUNERATION, OR REIMBURSEMENT FROM,
OR HAVE ANY RECOURSE AGAINST THE SUBSCRIBER, MEMBER, ENROLLEE,
PATIENT, OR ANY PERSONS OTHER THAN THE HEALTH MAINTENANCE
ORGANIZATION ACTING ON THEIR BEHALF, FOR SERVICES PROVIDED IN
ACCORDANCE WITH THE PROVIDER CONTRACT.

(3)  COLLECTION FROM THE SUBSCRIBER OR MEMBER OF
COPAYMENTS OR SUPPLEMENTAL CHARGES IN ACCORDANCE WITH THE TERMS
OF THE SUBSCRIBER'S CONTRACT WITH THE HEALTH MAINTENANCE
ORGANIZATION, OR CHARGES FOR SERVICES NOT COVERED UNDER THE
SUBSCRIBER'S CONTRACT, MAY BE EXCLUDED FROM THE HOLD HARMLESS
CLAUSE.

(4)  EACH PROVIDER CONTRACT SHALL STATE THAT THE HOLD
HARMLESS CLAUSE WILL SURVIVE THE TERMINATION OF THE PROVIDER
CONTRACT, REGARDLESS OF THE CAUSE OF TERMINATION.

[(h)] (I) The health maintenance organization shall provide
evidence of adequate insurance coverage or an adequate plan for
self-insurance to satisfy claims for injuries that may occur from
providing health care.

[(i)] (J) The health maintenance organization shall provide
for having its health and medical facilities and services audited
and reviewed periodically:

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