VETOES

(I)  THE PROCEDURES AND POLICIES OF THE PRIVATE
REVIEW AGENT WILL PROTECT THE CONFIDENTIALITY OF MEDICAL RECORDS
IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAWS; AND

(II)  THE PRIVATE REVIEW AGENT WILL BE
ACCESSIBLE TO PATIENTS AND PROVIDERS IN THIS STATE 5 WORKING DAYS
A WEEK DURING NORMAL BUSINESS HOURS.

(B)  THE DEPARTMENT MAY REVOKE A CERTIFICATE IF THE HOLDER
DOES NOT COMPLY WITH PERFORMANCE ASSURANCES REQUIRED UNDER THIS
SECTION OR FOR A VIOLATION OF THIS SUBTITLE OR ANY APPLICABLE
REGULATIONS.

(C)  (1) BEFORE DENYING OR REVOKING A CERTIFICATE UNDER THIS
SUBTITLE, THE DEPARTMENT SHALL PROVIDE THE APPLICANT OR
CERTIFICATE HOLDER WITH REASONABLE TIME TO SUPPLY OTHER
INFORMATION DEMONSTRATING COMPLIANCE WITH THE REQUIREMENTS OF
THIS SUBTITLE AND THE OPPORTUNITY TO REQUEST A HEARING.

(D)  SUBJECT TO THE HEARING PROVISIONS OF THIS SUBTITLE, THE
DEPARTMENT MAY REPRIMAND OR REVOKE OR SUSPEND THE CERTIFICATION
OF ANY PRIVATE REVIEW AGENT THAT:

(1)  FRAUDULENTLY OR DECEPTIVELY OBTAINS OR ATTEMPTS
TO OBTAIN A CERTIFICATION;

(2)  FRAUDULENTLY OR DECEPTIVELY USES A CERTIFICATION;

(3)  FAILS TO MEET SUBSTANTIALLY THE STANDARDS AND
QUALIFICATIONS ADOPTED BY THE DEPARTMENT UNDER THIS SUBTITLE; OR

(4)  FAILS TO COMPLY WITH THE REGULATIONS ADOPTED BY
THE DEPARTMENT UNDER THIS SUBTITLE.

19-1308.

(A)  BEFORE THE DEPARTMENT TAKES ANY ACTION UNDER § 19-1307
OF THIS SUBTITLE, THE DEPARTMENT SHALL GIVE THE PRIVATE REVIEW
AGENT AGAINST WHICH THE ACTION IS CONTEMPLATED:

(1)  WRITTEN NOTICE, BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, OF THE CHARGES FILED AGAINST IT AT LEAST 30 DAYS
BEFORE THE HEARING; AND

(2)  AN OPPORTUNITY FOR A HEARING BEFORE THE
SECRETARY.

(B)  THE SECRETARY SHALL GIVE NOTICE AND HOLD THE HEARING IN
ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT
ARTICLE.

19-1309.

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