WILLIAM DONALD SCHAEFER, Governor Ch. 610

(III)  EACH HEALTH MAINTENANCE ORGANIZATION
ALLOCATED A GROUP OR GROUPS UNDER SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL OFFER THE GROUP OR GROUPS THE HEALTH MAINTENANCE
ORGANIZATION'S EXISTING COVERAGE WHICH IS MOST SIMILAR TO EACH
GROUP'S COVERAGE WITH THE INSOLVENT HEALTH MAINTENANCE
ORGANIZATION AT RATES DETERMINED IN ACCORDANCE WITH THE SUCCESSOR
HEALTH MAINTENANCE ORGANIZATION'S EXISTING RATE METHODOLOGY;

(IV)  ANY ENROLLEE OR SUBSCRIBER WHOSE GROUP
COVERAGE HAD TERMINATED PRIOR TO THE DATE OF THE INSOLVENCY AND
WHO CONVERTED THEIR GROUP COVERAGE INTO INDIVIDUAL CONVERSION
COVERAGE SHALL BE OFFERED THE SAME CONVERSION COVERAGE THAT IS
OFFERED BY THE SUCCESSOR HEALTH MAINTENANCE ORGANIZATION TO
PERSONS CONVERTING FROM THE GROUP OF WHICH THE ENROLLEE OR
SUBSCRIBER HAD BEEN A FORMER MEMBER;

(5)  (I) EQUITABLY ALLOCATE THE INSOLVENT HEALTH
MAINTENANCE ORGANIZATION'S NONGROUP INDIVIDUAL CONTRACTS OF THOSE
NONGROUP INDIVIDUALS 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 NONGROUP INDIVIDUAL
CONTRACT OR 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;

(III)  EACH HEALTH MAINTENANCE ORGANIZATION
ALLOCATED A NONGROUP INDIVIDUAL OR INDIVIDUALS UNDER SUBPARAGRAPH
(I) OF THIS PARAGRAPH SHALL OFFER THE NONGROUP INDIVIDUAL OR
INDIVIDUALS THE HEALTH MAINTENANCE ORGANIZATION'S EXISTING
COVERAGE WHICH IS MOST SIMILAR TO THE NONGROUP INDIVIDUAL'S
COVERAGE WITH THE INSOLVENT HEALTH MAINTENANCE ORGANIZATION AT
RATES DETERMINED IN ACCORDANCE WITH THE SUCCESSOR HEALTH
MAINTENANCE ORGANIZATION'S EXISTING RATE METHODOLOGY; AND

(6)  TAKE ANY OTHER ACTION DEEMED NECESSARY BY THE
COMMISSIONER.

(F) THE CLAIMS AND EXPENSES OF HEALTH CARE PROVIDERS
INCURRED BY THE COMMISSIONER, AS A RECEIVER, IN CONTINUING PLAN
BENEFITS AS PROVIDED IN THE INSOLVENT HEALTH MAINTENANCE
ORGANIZATION'S PLAN OF INSOLVENCY ADOPTED UNDER § 19-710(O) OF
THIS SUBTITLE SHALL:

(1)  BE CONSIDERED EXPENSES FOR THE ADMINISTRATION OF
THE RECEIVERSHIP; AND

(2)  HAVE PRIORITY OVER ALL OTHER EXPENSES.

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