Ch. 35

1997 LAWS OF MARYLAND

(2) IF THE COMMISSIONER DISAPPROVES AN ANTIFRAUD PLAN, THE
AUTHORIZED INSURER SHALL SUBMIT A NEW ANTIFRAUD PLAN TO THE
COMMISSIONER WITHIN 60 DAYS AFTER THE DATE OF DISAPPROVAL.

(E) EXAMINATION TO DETERMINE COMPLIANCE WITH ANTIFRAUD PLAN.

DURING AN EXAMINATION UNDER § 2-205 OF THIS ARTICLE, THE
COMMISSIONER SHALL EXAMINE THE AUTHORIZED INSURER'S PROCEDURES TO
DETERMINE WHETHER THE AUTHORIZED INSURER IS COMPLYING WITH ITS
ANTIFRAUD PLAN.

(F) PUBLIC INSPECTION OF PLAN.

THE COMMISSIONER MAY WITHHOLD FROM PUBLIC INSPECTION ANY PART OF
AN ANTIFRAUD PLAN FOR AS LONG AS THE COMMISSIONER CONSIDERS THE
WITHHOLDING TO BE IN THE PUBLIC INTEREST.

(G) REGULATIONS.

THE COMMISSIONER SHALL ADOPT REGULATIONS THAT ESTABLISH MINIMUM
STANDARDS FOR ANTIFRAUD PLANS REQUIRED TO BE FILED UNDER THIS SECTION.

(H) VIOLATIONS OF SUBTITLE,

IT IS A VIOLATION OF THIS SUBTITLE IF THE COMMISSIONER FINDS THAT AN
AUTHORIZED INSURER HAS FAILED TO:

(1) FILE AN ANTIFRAUD PLAN;

(2) FILE A REVISED ANTIFRAUD PLAN AFTER DISAPPROVAL BY THE
COMMISSIONER OF THE INITIAL ANTIFRAUD PLAN; OR

(3) COMPLY WITH THE ANTIFRAUD PLAN FILED BY THE AUTHORIZED

INSURER.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 233B(b), (c), (d), and (f).

In subsection (a)(1) of this section, the former phrase "[o]n or before
December 31, 1991" is deleted as obsolete.

Also in subsection (a)(1) of this section, the former reference to
"implement[ing]" an insurance antifraud plan is deleted as included in the
reference to instituting]" an antifraud plan.

In subsections (b)(l)(i), (d)(1) and (2), (e), and (h) of this section, the
references to an "authorized" insurer are added to clarify that authorized
insurers are required to have antifraud plans.

In subsection (c)(1) of this section, new language is added to state expressly
that each authorized insurer must file its antifraud plan with the
Commissioner.

The Insurance Article Review Committee notes, for consideration by the

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