Ch. 35

1997 LAWS OF MARYLAND

THE BOARD HAS THE GENERAL POWERS AND AUTHORITY GRANTED UNDER
THE LAWS OF THE STATE TO HEALTH INSURERS AND HEALTH MAINTENANCE
ORGANIZATIONS AUTHORIZED TO TRANSACT BUSINESS, EXCEPT FOR THE POWER
TO ISSUE HEALTH BENEFIT PLANS DIRECTLY TO GROUPS OR INDIVIDUALS.

(C) SPECIFIC POWERS OF BOARD.

THE BOARD MAY:

(1) ENTER INTO CONTRACTS AS NECESSARY OR PROPER TO CARRY
OUT THIS SUBTITLE AND, WITH APPROVAL OF THE COMMISSIONER, ENTER INTO
CONTRACTS WITH SIMILAR PROGRAMS OF OTHER STATES FOR THE JOINT
PERFORMANCE OF COMMON FUNCTIONS OR WITH PERSONS OR OTHER
ORGANIZATIONS FOR THE PERFORMANCE OF ADMINISTRATIVE FUNCTIONS;

(2) SUE OR BE SUED;

(3) TAKE ANY LEGAL ACTION NECESSARY OR PROPER TO RECOVER
ASSESSMENTS AND PENALTIES FOR, ON BEHALF OF, OR AGAINST THE POOL OR
REINSURING CARRIERS OR NECESSARY TO AVOID THE PAYMENT OF IMPROPER
CLAIMS AGAINST THE BOARD;

(4) DEFINE THE HEALTH BENEFIT PLANS AND MEDICAL CONDITIONS
FOR WHICH CLAIMS MAY BE REINSURED WITH THE POOL IN ACCORDANCE WITH
THIS SUBTITLE;

(5) ESTABLISH RULES, CONDITIONS, AND PROCEDURES THAT RELATE
TO REINSURANCE OF CLAIMS BY THE POOL;

(6) ESTABLISH ACTUARIAL FUNCTIONS AS APPROPRIATE FOR THE
OPERATION OF THE POOL;

(7) ASSESS REINSURING CARRIERS IN ACCORDANCE WITH THE
PROVISIONS OF § 15-1221 OF THIS SUBTITLE;

(8) MAKE ADVANCE INTERIM ASSESSMENTS AS MAY BE REASONABLE
AND NECESSARY FOR ORGANIZATIONAL AND INTERIM OPERATING EXPENSES, TO
BE CREDITED AGAINST ANY ASSESSMENTS DUE AFTER THE CLOSE OF THE FISCAL
YEAR;

(9) APPOINT APPROPRIATE COMMITTEES AS NECESSARY TO PROVIDE
TECHNICAL ASSISTANCE IN THE OPERATION OF THE POOL, POLICY AND OTHER
CONTRACT DESIGN, AND ANY OTHER FUNCTION WITHIN THE AUTHORITY OF THE
POOL; AND

(10) BORROW MONEY TO CARRY OUT THE PURPOSES OF THE POOL.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 708.

In subsection (c)(3) of this section, the reference to "reinsuring carriers" is
substituted for the former reference to "participating carriers" to allow the

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