Ch. 610

LAWS OF MARYLAND

[(d)] (G) In the event of the liquidation or rehabilitation
of a health maintenance organization under this section, members
of the health maintenance organization shall have the same
priority of claims as provided in Article 48A, § 158A of the
Code.

[(e)] (H) (1) A health care provider may not assert a claim
of subrogation against:

(i) A member of an insolvent health maintenance
organization; or

(ii) Against any individual, organization, or
government agency which has made payments to the health
maintenance organization on behalf of a member.

(2) Notwithstanding paragraph (1) of this subsection,
a health care provider may assert any claim it may have against
the receiver of the insolvent health maintenance organization.

19-710.

(h) [(l) 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.]

(O) (1) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS
SUBSECTION, INDIVIDUAL ENROLLEES AND SUBSCRIBERS OF HEALTH
MAINTENANCE ORGANIZATIONS SHALL NOT BE LIABLE TO ANY HEALTH CARE
PROVIDER FOR ANY COVERED SERVICES PROVIDED TO THE ENROLLEE OR
SUBSCRIBER.

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