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Session Laws, 1997
Volume 795, Page 896   View pdf image
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Ch. 35

1997 LAWS OF MARYLAND

(4) ON THE ADOPTION OF AN AMENDMENT OR CHANGE, AFTER
APPROVAL BY THE COMMISSIONER, THE CORPORATION SHALL FILE WITH THE
COMMISSIONER A COPY OF THE AMENDMENT OR CHANGE THAT HAS BEEN
CERTIFIED BY AT LEAST TWO EXECUTIVE OFFICERS OF THE CORPORATION.

(C) DEMONSTRATION THAT FILINGS IN COMPLIANCE.

AT ANY TIME, THE COMMISSIONER MAY REQUIRE A NONPROFIT HEALTH
SERVICE PLAN IN THE STATE TO DEMONSTRATE THAT ITS FILINGS, INCLUDING THE
TERMS AND PROVISIONS OF ITS CONTRACTS, ITS TABLE OF RATES, AND ITS METHOD
FOR SETTING RATES, COMPLY WITH SUBSECTIONS (A) AND (B) OF THIS SECTION,
NOTWITHSTANDING THAT THE COMMISSIONER HAD PREVIOUSLY APPROVED THE
FILINGS.

(D) FILING NOT IN COMPLIANCE.

(1) IF, AFTER THE APPLICABLE REVIEW PERIOD ESTABLISHED UNDER
SUBSECTION (B) OF THIS SECTION, THE COMMISSIONER FINDS THAT A FILING DOES
NOT MEET THE REQUIREMENTS OF THIS SECTION, THE COMMISSIONER SHALL ISSUE
TO THE FILER AN ORDER THAT SPECIFIES THE WAYS IN WHICH THE FILING FAILS TO
MEET THE REQUIREMENTS OF THIS SECTION AND STATES WHEN, WITHIN A
REASONABLE PERIOD AFTER THE ORDER, THE FILING WILL NO LONGER BE
EFFECTIVE.

(2) (I) THE COMMISSIONER SHALL HOLD A HEARING BEFORE
ISSUING AN ORDER UNDER PARAGRAPH (1) OF THIS SUBSECTION.

(II) THE COMMISSIONER SHALL GIVE WRITTEN NOTICE OF THE
HEARING TO THE FILER AT LEAST 10 DAYS BEFORE THE HEARING.

(III) THE WRITTEN NOTICE SHALL SPECIFY THE MATTERS TO BE
CONSIDERED AT THE HEARING.

(3) AN ORDER ISSUED UNDER PARAGRAPH (1) OF THIS SUBSECTION

DOES NOT:

(I) AFFECT A CONTRACT OR POLICY MADE OR ISSUED BEFORE
THE EXPIRATION OF THE PERIOD SET FORTH IN THE ORDER; OR

(II) DIRECTLY AFFECT AN EXISTING CONTRACT OR POLICY
BETWEEN A NONPROFIT HEALTH SERVICE PLAN AND A SUBSCRIBER ESTABLISHED
IN ACCORDANCE WITH A COLLECTIVE BARGAINING AGREEMENT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 356.

In subsection (b)(1)(iii) of this section, the former requirement that the
waiting period "be suspended" is deleted as unnecessary in light of the
requirement that it begin "again" on the date the needed information is
provided.

In subsection (d)(3)(ii) of this section, the word "subscriber" is substituted for

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Session Laws, 1997
Volume 795, Page 896   View pdf image
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