Ch. 348                                    1996 LAWS OF MARYLAND

PURPOSE OF HAVING THAT PERSON SOLICIT OR ATTEMPT TO SOLICIT CLIENTS FOR
THE LAWYER OR HEALTH CARE PRACTITIONER.

(4) THIS SUBSECTION MAY NOT BE CONSTRUED TO PROHIBIT PUBLIC
COMMUNICATIONS OR ACTIVITY PERMITTED BY APPLICABLE RULES OF
PROFESSIONAL CONDUCT OR ANY ACTIVITY PROTECTED UNDER THE STATE OR
FEDERAL CONSTITUTIONS.

(G) (1) (i) A person convicted of violating SUBSECTION (F) OF THIS
SECTION, OR any OTHER provision of this section where the claim or act that is the
subject of the fraud has a value of $300 or greater is guilty of a felony and for each such
violation shall restore to the victim the property taken or the value of the property taken
and shall be fined as described in paragraph (2) of this subsection or be imprisoned for
not more than 15 years or both.

(ii) A person convicted of any of the provisions of this section where
the claim or act that is the subject of the fraud has a value of under $300 is guilty of a
misdemeanor and shall restore to the victim the property taken or the value of the
property taken and shall be fined as described in paragraph (2) of this subsection or be
imprisoned for not more than 18 months or both.

(2)     In addition to the penalties provided in paragraph (1) of this subsection:

(i) A person convicted of violating any provision of subsection (b) of
this section shall for each such violation be subject to a fine, the maximum of which shall
not exceed three times the value of the claim or act that is the subject of the fraud or
$10,000, whichever is greater, and the minimum of which shall be $500.

(ii) A person convicted of violating any provision of subsection (c), (d),
[or] (e), OR (F) of this section is for each such violation subject to a fine not to exceed
$10,000.

(3)     (I) The penalties imposed under this section may be imposed separate
from and consecutive to or concurrent with a sentence for any other offense based upon
the act or acts establishing a violation of this section.

(II) EACH ACT OF SOLICITATION UNDER SUBSECTION (F) OF THIS
SECTION SHALL CONSTITUTE A SEPARATE VIOLATION FOR THE PURPOSES OF
PENALTIES IMPOSED UNDER THIS SUBSECTION.

[(g)](H) Notwithstanding any other provision of law, a penalty imposed for a
violation pursuant to subsection [(f)] (G)(2) of this section shall be mandatory and not
subject to suspension.

233AC.

The Insurance Fraud Division shall:

(1)     Have the authority to investigate any person suspected of engaging in
insurance fraud;

(2)     Where appropriate after an investigation[, refer]:

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