PARRIS N. GLENDENING, Governor                               Ch. 24

(B) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO LIFE INSURANCE,
LIFE ANNUITY. OR DISABILITY INSURANCE POLICIES.

(C) AN INSURER, NONPROFIT HEALTH SERVICE PLAN, OR HEALTH
MAINTENANCE ORGANIZATION MAY NOT:

(1)     USE GENETIC INFORMATION A GENETIC TEST OR THE RESULTS OF A
GENETIC TEST TO REJECT, DENY, LIMIT, CANCEL, REFUSE TO RENEW, INCREASE
THE RATES OF, AFFECT THE TERMS OR CONDITIONS OF, OR OTHERWISE AFFECT A
HEALTH INSURANCE POLICY OR CONTRACT;

(2)     REQUEST OR REQUIRE THE COLLECTION OF GENETIC
INFORMATION A GENETIC TEST FOR THE PURPOSE OF DETERMINING WHETHER OR
NOT TO ISSUE OR RENEW HEALTH BENEFITS COVERAGE; OR

(3)     RELEASE GENETIC INFORMATION THE RESULTS OF A GENETIC TEST
WITHOUT THE PRIOR WRITTEN AUTHORIZATION OF THE INDIVIDUAL FROM WHOM
THE INFORMATION WAS DERIVED TEST WAS OBTAINED.

(C) (D) AN INDIVIDUAL WHO IS INJURED BY A VIOLATION OF THIS SECTION
MAY RECOVER IN A COURT OF COMPETENT JURISDICTION:

(1) EQUITABLE RELIEF, INCLUDING A RETROACTIVE ORDER
DIRECTING THE INSURER, NONPROFIT HEALTH SERVICE PLAN, OR HEALTH
MAINTENANCE ORGANIZATION TO PROVIDE HEALTH INSURANCE TO THE
INDIVIDUAL UNDER THE SAME TERMS AND CONDITIONS THAT WOULD HAVE
APPLIED HAD THE VIOLATION NOT OCCURRED; AND

(2) ACTUAL DAMAGES.

(1) FOR PURPOSES OF THIS SUBSECTION. §§ 55, 55A 234A AND 234C OF
THIS ARTICLE APPLY TO A NONPROFIT HEALTH SERVICE PLAN AND A HEALTH
MAINTENANCE ORGANIZATION.

(2) THE COMMISSIONER MAY ISSUE AN ORDER UNDER §§ 55, 55A 234A
AND 234C OF THIS ARTICLE IF THE COMMISSIONER FINDS A VIOLATION OF THIS
SECTION.

Article — Health - General

19-706.

(k) THE PROVISIONS OF ARTICLE 48A, § 223.1 OF THE CODE SHALL APPLY TO
HEALTH MAINTENANCE ORGANIZATIONS.

(L) (1) A health maintenance organization shall:

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

(ii) Permit a woman to receive an annual visit to an in-network
obstetrician/gynecologist for routine gynecological care without requiring the woman to
first visit a primary care provider.

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