Ch. 348

1996 LAWS OF MARYLAND

CARE SERVICES THEN THE REVIEWING INDIVIDUAL MUST BE, OR THE REVIEWING
PANEL MUST INCLUDE, AN INDIVIDUAL IN THE SAME SPECIALTY AS THE
INDIVIDUAL SUBJECT TO REVIEW.

(4) IF THE INSURER REFERS A BILL TO A PRO WITHIN 30 DAYS OF
RECEIPT OF A BILL, THE INSURER NEED NOT PAY THE BILL SUBJECT TO THE
REFERRAL UNTIL A DETERMINATION HAS BEEN MADE BY THE PRO. THE INSURED
MAY NOT BE BILLED FOR ANY HEALTH CARE SERVICES DURING THE PEER REVIEW
PROCESS.

(5) IN THE CASE OF FIRST PARTY BENEFITS, IF A PRO DETERMINES
THAT HEALTH CARE SERVICES WERE MEDICALLY NECESSARY, THE INSURER MUST
PAY THE OUTSTANDING AMOUNT PLUS INTEREST AT 12% PER YEAR ON ANY
AMOUNT WITHHELD BY THE INSURER PENDING PRO REVIEW.

(6) IF IT IS DETERMINED BY A PRO THAT A HEALTH CARE
PRACTITIONER HAS PROVIDED UNNECESSARY HEALTH CARE SERVICES, OR THAT
FUTURE HEALTH CARE SERVICES WILL BE UNNECESSARY, OR BOTH, THE INSURER
IS NOT LIABLE FOR THE MEDICALLY UNNECESSARY HEALTH CARE SERVICES. IN
THE CASE OF FIRST PARTY BENEFITS IF THE INSURED OR A HEALTH CARE
PRACTITIONER HAS COLLECTED SUCH PAYMENT, IT MUST RETURN THE AMOUNT
PAID PLUS INTEREST AT 12% PER YEAR WITHIN 30 DAYS.

542.

(a)     Nothing in this subtitle shall bo deemed to affect the right of any person to
claim and sue for damages or losses sustained by him as the result of a motor vehicle
accident.

(b)    (1) If an injured person receives a written offer, from a motor vehicle
insurance liability insurer or that insurer's authorized agent, to settle a claim for bodily
injury or death and the amount of the offer of settlement in combination with any other
settlements arising out of the same occurrence would exhaust the applicable bodily injury
or death limits of the liability insurance, policies, bonds, and securities, the injured person
shall submit by certified mail, to any insurer that provides uninsured motorist coverage
for the bodily injury or death, a copy of the liability insurer's written offer to settle.

(2) Within 60 days after receipt of the notice required under paragraph (1)
of this subsection, the uninsured motorist insurer shall send the injured person:

(i) Written consent to acceptance of the settlement offer and to the
execution of releases; or

(ii) Written refusal to consent to acceptance of the settlement offer.

(3)     Within 30 days after a refusal under paragraph (b)(2)(ii) of this
subsection, the uninsured motorist insurer shall pay to the injured person the amount of
the settlement offer.

(4)     (i) Payment as described in paragraph (3) of this subsection shall
preserve the uninsured motorist insurer's subrogation rights against the liability insurer
and its insured:

- 2288 -