Ch. 685                                    1997 LAWS OF MARYLAND

(15) (11) fees for form and rate filings under §§ XX-XXX, XX-XXX,
XX-XXX, XX-XXX, XX-XXX, and XX-XXX of this article [48A §§ 242, 242A, 334,
356, 375, and 436H].........................................................................................................$100

(16) (12) service of legal process fee under §§ 3-318(b),3-319(d), and 4-107
of this article......................................................................................................................$15

(b) A court may award reimbursement of a service of process fee imposed under
subsection (a)(16) (A)(12) of this section to a prevailing plaintiff in any proceeding against
an insurer or surplus lines broker.]

2-112.1.

(A) (1) IN THIS SECTION THE FOLLOWING . WORDS HAVE THE MEANINGS
INDICATED.

(2) (I) "INSURER" MEANS AN INSURER OR OTHER ENTITY AUTHORIZED
TO ENGAGE IN BUSINESS IN THE STATE UNDER A CERTIFICATE OF AUTHORITY OR
LICENSE ISSUED BY THE COMMISSIONER

(II) "INSURER" INCLUDES:

1. A HEALTH MAINTENANCE ORGANIZATION OPERATING
UNDER A CERTIFICATE OF AUTHORITY ISSUED BY THE COMMISSIONER UNDER TITLE 19,
SUBTITLE 7 OF THE HEALTH - GENERAL ARTICLE;

2. A NONPROFIT HEALTH SERVICE PLAN OPERATING UNDER
TITLE 14, SUBTITLE I OF THIS ARTICLE;

3. A DENTAL PLAN REGULATED UNDER TITLE 14, SUBTITLE 4
OF THIS ARTICLE; AND

4. A FRATERNAL BENEFIT SOCIETY REGULATED UNDER TITLE
S. SUBTITLE 4 OF THIS ARTICLE.

(3) (I) "PREMIUMS" HAS THE MEANING STATED § 1-101 OF THIS ARTICLE
TO THE EXTENT IT IS ALLOCABLE TO THIS STATE

(II) "PREMIUMS" INCLUDES ANY AMOUNTS RAID TO A HEALTH
MAINTENANCE ORGANIZATION AS COMPENSATION FOR PROVIDING TO MEMBERS THE
SERVICES SPECIFIED UNDER TITLE 19, SUBTITLE 7 OF THE HEALTH- GENERAL ARTICLE
TO THE EXTENT IT IS ALLOCABLE TO THIS STATE.

(B) IN ADDITION TO THE FEES COLLECTED UNDER § 2-112 OF THIS SUBTITLE
THE COMMISSIONER SHALL COLLECT IN ADVANCE A FEE FROM EACH INSURER THAT IS
THE PRODUCT OF THE TOTAL VALUATION FEES COLLECTED UNDER § 2-112 (11), (12),
AND (13) OF THIS SUBTITLE FOR FISCAL YEAR 1997 MULTIPLIED BY THE RATE
DETERMINED UNDER SUBSECTION (C) OF THIS SECTION.

(C) THE RATE SHALL EQUAL THE FRACTION OBTAINED BY DIVIDING THE GROSS
DIRECT PREMIUM WRITTEN BY THE INSURER IN CALENDAR YEAR 1996 BY THE TOTAL
AMOUNT OF GROSS DIRECT PREMIUMS WRITTEN IN THIS STATE BY ALL INSURERS IN
CALENDAR YEAR 1996.

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