WILLIAM DONALD SCHAEFER, Governor

(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) [(1) (1) (I) The terms of the agreements between a
health maintenance organization and providers of health services
shall contain a "hold harmless" clause.

(2) (II) (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) (III) (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) (IV) (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.]

(1) (2)(I) (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.

(2)(I) (II) 1. (2)(I) A HEALTH CARE PROVIDER OR ANY
REPRESENTATIVE OF A HEALTH CARE PROVIDER MAY NOT COLLECT OR
ATTEMPT TO COLLECT FROM ANY SUBSCRIBER OR ENROLLEE ANY MONEY OWED
BY THE HEALTH MAINTENANCE ORGANIZATION TO THE HEALTH CARE
PROVIDER.

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