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Session Laws, 1993
Volume 772, Page 3517   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                          H.B. 422

(A)     SUBJECT TO THE HEARING PROVISIONS OF §§ 35 THROUGH 39 OF THIS
ARTICLE, THE COMMISSIONER MAY REFUSE TO ISSUE OR RENEW, OR MAY REVOKE
OR SUSPEND A REINSURANCE INTERMEDIARY'S LICENSE, OR A REINSURANCE
INTERMEDIARY'S AGENT OR BROKER'S CERTIFICATE OF QUALIFICATION, IF THE
REINSURANCE INTERMEDIARY HAS VIOLATED ANY PROVISION OF THIS SUBTITLE
OR § 175 OF THIS ARTICLE.

(B)      IN LIEU OF OR IN ADDITION TO THE PENALTIES PROVIDED IN
SUBSECTION (A) OF THIS SECTION, THE COMMISSIONER MAY:

(1)      IMPOSE A PENALTY OF NOT MORE THAN $5,000 FOR EACH
VIOLATION OF THIS SUBTITLE;

(2)      ON BEHALF OF AND FOR THE BENEFIT OF THE INSURER OR
REINSURER AND ITS POLICYHOLDERS AND CREDITORS, BRING A CIVIL ACTION FOR
RECOVERY OF COMPENSATORY DAMAGES OR SEEK OTHER APPROPRIATE RELIEF;

AND

(3)      IMPOSE ANY OTHER PENALTY AUTHORIZED BY THIS ARTICLE.

(C) NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR RESTRICT THE
RIGHTS OF POLICYHOLDERS OR CLAIMANTS.

(D)     AN ORDER OF THE COMMISSIONER ISSUED UNDER THIS SECTION SHALL
BE SUBJECT TO JUDICIAL REVIEW IN ACCORDANCE WITH § 40 OF THIS ARTICLE.

(E)      A RECEIVER APPOINTED IN ACCORDANCE WITH SUBTITLE 10 OF THIS
ARTICLE MAY BRING A CIVIL ACTION FOR RECOVERY OF DAMAGES OR OTHER
APPROPRIATE SANCTIONS FOR THE BENEFIT OF THE INSURER, IF THE RECEIVER
DETERMINES THAT THE REINSURANCE INTERMEDIARY OR ANY OTHER PERSON
HAS FAILED TO MATERIALLY COMPLY WITH THE PROVISIONS OF THIS SUBTITLE
AND HAS CAUSED AN INSURER UNDER AN ORDER OR REHABILITATION OR
LIQUIDATION TO SUFFER ANY LOSS OR DAMAGE...

717.

THE COMMISSIONER MAY ADOPT REGULATIONS TO IMPLEMENT AND
ADMINISTER THE PROVISIONS OF THIS SUBTITLE.

Article - Health - General

19-718.

(a)      The Commissioner or an agent of the Commissioner shall examine the
financial affairs and status of each health maintenance organization at least once every 3
years.

(b)      (1) In an examination under subsection (a) of this section, the officers and
employees of the health maintenance organization shall:

(i) Cooperate with and help the Commissioner and the agents; and

- 3517 -

 

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Session Laws, 1993
Volume 772, Page 3517   View pdf image
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