PARRIS N. GLENDENING, Governor

Ch, 35

THE COMMISSIONER MAY IMPOSE A PENALTY NOT EXCEEDING $500 FOR EACH
VIOLATION OF § 27-303 OF THIS SUBTITLE OR A REGULATION ADOPTED UNDER §
27-303 OF THIS SUBTITLE.

(B) FOR VIOLATION OF § 27-304.

THE PENALTY FOR A VIOLATION OF § 27-304 OF THIS SUBTITLE IS AS PROVIDED
IN §§ 1-301, 4-113, 4-114, AND 27-103 OF THIS ARTICLE.

(C) RESTITUTION.

(1) ON FINDING A VIOLATION OF THIS SUBTITLE, THE COMMISSIONER
MAY REQUIRE AN INSURER OR NONPROFIT HEALTH SERVICE PLAN TO MAKE
RESTITUTION TO EACH CLAIMANT WHO HAS SUFFERED ACTUAL ECONOMIC
DAMAGE BECAUSE OF THE VIOLATION.

(2) RESTITUTION MAY NOT EXCEED THE AMOUNT OF ACTUAL
ECONOMIC DAMAGE SUSTAINED, SUBJECT TO THE LIMITS OF ANY APPLICABLE
POLICY.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 230A(e).

Defined terms: "Commissioner" § 1-101
"Insurer" § 1-101
"Policy" § 1-101

27-306. APPEALS.

AN APPEAL FROM AN ORDER ISSUED BY THE COMMISSIONER UNDER THIS
SUBTITLE SHALL BE TAKEN IN ACCORDANCE WITH § 2-215 OF THIS ARTICLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 230A(f)(1)(ii).

Defined term: "Commissioner" § 1-101

SUBTITLE 4. FRAUDULENT INSURANCE ACTS.
27-401. "CLAIM" DEFINED.

(1) IN THIS SUBTITLE, "CLAIM" MEANS A DEMAND FOR PAYMENT OR
BENEFIT UNDER A POLICY OR CONTRACT BY AN INSURED, THIRD PARTY, OR
REPRESENTATIVE OF THE INSURED OR THIRD PARTY.

(2) "CLAIM" INCLUDES A DEMAND FOR PAYMENT OR BENEFIT MADE

AGAINST:

(I) THE STATE UNDER TITLE 12 OF THE STATE GOVERNMENT
ARTICLE, TITLE 8, SUBTITLE 1 OF THE STATE PERSONNEL AND PENSIONS ARTICLE,
OR TITLE 9 OF THE LABOR AND EMPLOYMENT ARTICLE; OR

(II) THE MASS TRANSIT ADMINISTRATION WHEN ACTING AS A
SELF-INSURER UNDER § 1-103 OF THE TRANSPORTATION ARTICLE.

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