PARRIS N. GLENDENING, Governor

Ch. 35

(I) ENGAGED IN GROSS, WILLFUL, AND CONTINUED
OVERCHARGING FOR A PROCEDURE, OPERATION, OR SERVICE; OR

(II) FILED FALSE STATEMENTS FOR COLLECTION OF FEES FOR
SERVICES THAT WERE NOT RENDERED.

(B) SAME — BY PERSON DEFENDING ACTION.

IF A NONPROFIT HEALTH SERVICE PLAN IS DENIED RELIEF IN AN ACTION
UNDER THIS SECTION, THE PERSON AGAINST WHOM THE ACTION WAS BROUGHT
MAY RECOVER THE COSTS AND EXPENSES REASONABLY INCURRED BY THE PERSON
IN DEFENDING THE ACTION.

(C) ADDITIONAL RIGHTS AND REMEDIES NOT LIMITED.

THIS SECTION DOES NOT LIMIT ANY ADDITIONAL RIGHTS OR REMEDIES THAT
A NONPROFIT HEALTH SERVICE PLAN MAY HAVE AT LAW OR IN EQUITY.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 361D.

In the introductory language of subsection (a) of this section, the reference to
a "person authorized to provide health care in the State" is substituted for the
former reference to a "health care provider". The definition of "health care
provider" in former Art. 48A, § 361D(a) was broader than the definition of
that term in § 14-101 of this subtitle. Therefore, the definition of "health care
provider" in former Art. 48A, § 361D(a) is deleted. Consequently, in
subsections (a)(1) and (2) and (b) of this section, the references to a "person"
are substituted for the former references to a "health care provider" and a
"provider" for consistency.

In subsection (a)(1)(i) of this section, the cross-reference to "Title 15 of this
article" is added for accuracy. Title 15 of this article contains provisions on
benefits and payments applicable to nonprofit health service plans.

Defined term: "Person" § 1-101
14-106. RESERVED.
14-107. RESERVED.

PART II. CERTIFICATES OF AUTHORITY.
14-108. CERTIFICATE OF AUTHORITY REQUIRED.

A CORPORATION SUBJECT TO THIS SUBTITLE MAY NOT ISSUE CONTRACTS FOR
THE RENDERING OF HEALTH CARE SERVICES TO SUBSCRIBERS UNLESS THE
COMMISSIONER HAS ISSUED A CERTIFICATE OF AUTHORITY TO THE CORPORATION
AUTHORIZING IT TO DO SO.

REVISOR'S NOTE: This section is new language derived without substantive
change from the first sentence of former Art. 48A, § 355(a).

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