PARRIS N. GLENDENING, Governor

Ch. 35

(III) IS PROPRIETARY AND CONFIDENTIAL COMMERCIAL
INFORMATION UNDER § 10-617(D) OF THE STATE GOVERNMENT ARTICLE.

(3) BEFORE A DIVESTITURE OR LIQUIDATION UNDER THIS SECTION,
THE PLAN OF DIVESTITURE OR LIQUIDATION MUST BE APPROVED BY THE
COMMISSIONER.

(4) ANY ACTION BY THE COMMISSIONER UNDER THIS SECTION MAY BE
APPEALED IN ACCORDANCE WITH TITLE 2 OF THIS ARTICLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 357.

Subsection (a)(2) of this section is revised in language that conforms to §
7-101(b) of this article.

For other provisions on acquisitions, see Title 7 of this article.

Defined terms: "Commissioner" § 1-101
"Person" § 1-101

14-134. RESERVED.

14-135. RESERVED.

PART VI. PROHIBITED ACTS; PENALTIES.

14-136. UNFAIR AND DISCRIMINATORY TRADE PRACTICES; OTHER PROHIBITED

ACTS.

(A) APPLICATION OF UNFAIR TRADE PRACTICES LAW.

NONPROFIT HEALTH SERVICE PLANS ARE SUBJECT TO TITLE 27 OF THIS
ARTICLE.

(B) OTHER PROHIBITED ACTS.

A CORPORATION AUTHORIZED UNDER THIS SUBTITLE THAT MAINTAINS OR
OPERATES A NONPROFIT HEALTH SERVICE PLAN MAY NOT:

(1) DENY A CLAIM MADE UNDER A CONTRACT, CERTIFICATE, OR
POLICY OF A NONPROFIT HEALTH SERVICE PLAN FOR AN UNFAIR OR UNFAIRLY
DISCRIMINATORY REASON;

(2) WITHOUT JUST CAUSE, REQUIRE A PERSON MAKING A CLAIM
UNDER A CONTRACT, CERTIFICATE, OR POLICY OF A NONPROFIT HEALTH SERVICE
PLAN TO ACCEPT LESS THAN THE AMOUNT DUE; OR

(3) FAIL TO NOTIFY IN WRITING A SUBSCRIBER OR CERTIFICATE
HOLDER OF A NONPROFIT HEALTH SERVICE PLAN OF A DENIAL OF A PROPERLY
COMPLETED CLAIM WITHIN 60 DAYS AFTER THE PLAN RECEIVES THE CLAIM.

(C) BURDEN OF PERSUASION.

IF IT APPEARS TO THE COMMISSIONER THAT AN ACT OR PRACTICE OR

- 903 -