Ch. 610

LAWS OF MARYLAND

(3) IF A COURT UNDER SUBPARAGRAPH (II) OF PARAGRAPH
(1) OF THIS SUBSECTION APPROVES A CHANGE TO THE TERMS OF A
CONTRACT THAT DIMINISHES THE COMPENSATION OF A PROVIDER OR A
PARTICIPATING ENTITY PROVIDING ADMINISTRATIVE, FINANCIAL, OR
MANAGEMENT SERVICES, THE CHANGE MAY NOT:

(I)  BE EFFECTIVE FOR MORE THAN 60 DAYS; AND

(II)  EXCEPT BY MUTUAL CONSENT, BE RENEWED OR
EXTENDED.

(E) IN ADDITION TO THE COMMISSIONER'S AUTHORITY UNDER
ARTICLE 48A, SUBTITLE 10 OF THE CODE, THE COMMISSIONER AS A
LIQUIDATOR MAY, SUBJECT TO APPROVAL BY A COURT:

(1)  CONTRACT WITH A SOLVENT HEALTH MAINTENANCE
ORGANIZATION OR OTHER APPROPRIATE ENTITY TO OPERATE THE INSOLVENT
HEALTH MAINTENANCE ORGANIZATION, INCLUDING THE PROVISION' OF
MEDICAL CARE, ON A SHORT-TERM BASIS;

(2)  OPERATE THE INSOLVENT HEALTH MAINTENANCE
ORGANIZATION, WHICH MAY INCLUDE COMPENSATING HEALTH CARE
PROVIDERS IN ACCORDANCE WITH THE TERMS OF THE HEALTH CARE
PROVIDER'S CONTRACT WITH THE INSOLVENT HEALTH MAINTENANCE
ORGANIZATION;

(3)  (I) DIRECT ALL OTHER HEALTH MAINTENANCE
ORGANIZATIONS THAT PARTICIPATED IN AN OPEN ENROLLMENT PROCESS
WITH THE INSOLVENT HEALTH MAINTENANCE ORGANIZATION AT A GROUP'S
LAST REGULAR OPEN ENROLLMENT PERIOD TO OFFER ENROLLEES OR
SUBSCRIBERS OF THE INSOLVENT HEALTH MAINTENANCE ORGANIZATION A
30-DAY OPEN ENROLLMENT PERIOD TO BEGIN ON THE DATE OF THE
INSOLVENCY;

(II) EACH HEALTH MAINTENANCE ORGANIZATION
DIRECTED TO OFFER ENROLLEES OR SUBSCRIBERS OF THE INSOLVENT
HEALTH MAINTENANCE ORGANIZATION A 30-DAY OPEN ENROLLMENT PERIOD
SHALL OFFER THE ENROLLEES OF THE INSOLVENT HEALTH MAINTENANCE
ORGANIZATION THE SAME COVERAGE AND RATES THAT IT OFFERED. THE
ENROLLEES AT THE LAST REGULAR OPEN ENROLLMENT PERIOD;

(4)  (I) EQUITABLY ALLOCATE THE INSOLVENT HEALTH
MAINTENANCE ORGANIZATION'S GROUP CONTRACTS OF THOSE GROUPS NOT
OFFERED OTHER COVERAGE UNDER PARAGRAPH (3) OF THIS SUBSECTION,
AMONG ALL HEALTH MAINTENANCE ORGANIZATIONS OPERATING WITHIN A
PORTION OF THE INSOLVENT HEALTH MAINTENANCE ORGANIZATION'S
SERVICE AREA;

(II) BEFORE ALLOCATING THE GROUP CONTRACTS
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE COMMISSIONER SHALL
CONSIDER THE HEALTH CARE DELIVERY SYSTEM AND FINANCIAL RESOURCES
OF ALL POSSIBLE SUCCESSOR HEALTH MAINTENANCE ORGANIZATIONS;

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