PARRIS N. GLENDENING, Governor

Ch. 499

19-3B-09.

(A)     A PERSON WHO VIOLATES ANY PROVISION OF THIS SUBTITLE OR ANY
REGULATION ADOPTED UNDER THIS SUBTITLE IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO A PENALTY NOT EXCEEDING $1,000 OR
IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH. EACH DAY A VIOLATION IS
CONTINUED AFTER THE FIRST CONVICTION IS A SEPARATE OFFENSE.

(B)      (1) IN ADDITION TO THE PROVISIONS OF SUBSECTION (A) OF THIS
SECTION, THE SECRETARY MAY IMPOSE AN ADMINISTRATIVE PENALTY OF UP TO
$1,000 FOR A VIOLATION OF ANY PROVISION OF THIS SUBTITLE OR ANY
REGULATIONS ADOPTED UNDER THIS SUBTITLE.

(2) THE SECRETARY SHALL ADOPT REGULATIONS TO PROVIDE
STANDARDS FOR THE IMPOSITION OF AN ADMINISTRATIVE PENALTY UNDER
PARAGRAPH (1) OF THIS SUBSECTION.

19-705.1.

(b) The standards of quality of care shall include:

(1) (I) A requirement that a health maintenance organization shall provide
for regular hours during which a member may receive services, including providing for services
to a member in a timely manner that takes into account the immediacy of need for services;
AND

(II) PROVISIONS FOR ASSURING THAT ALL COVERED SERVICES,
INCLUDING ANY SERVICES FOR WHICH THE HEALTH MAINTENANCE ORGANIZATION HAS
CONTRACTED, ARE ACCESSIBLE TO THE ENROLLEE WITH REASONABLE SAFEGUARDS
WITH RESPECT TO GEOGRAPHIC LOCATIONS.

19-706.

(k) A health maintenance organization shall:

(1) (I) Classify an obstetrician/gynecologist as a primary care physician; or

[(2)](II) [Permit] IF THE OBSTETRICIAN/GYNECOLOGIST CHOOSES NOT
TO BE A PRIMARY CARE PHYSICIAN, PERMIT a woman to receive [an annual visit to an
in network obstetrician/gynecologist for routine] gynecological care FROM AN
IN NETWORK OBSTETRICIAN/GYNECOLOGIST without requiring the woman to first
visit a primary care provider, PROVIDED THAT:

1. THE CARE IS MEDICALLY NECESSARY, INCLUDING CARE
THAT IS ROUTINE; AND

2. FOLLOWING EACH VISIT FOR GYNECOLOGICAL CARE,
THE OBSTETRICIAN/GYNECOLOGIST SHALL COMMUNICATE WITH THE WOMAN'S
PRIMARY CARE PHYSICIAN CONCERNING ANY DIAGNOSIS OR TREATMENT
RENDERED;

(2) CONDUCT AN ANNUAL PATIENT SURVEY FOR DETERMINING
PATIENT SATISFACTION WITH ACCESS TO GYNECOLOGICAL CARE; AND

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