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Session Laws, 1999
Volume 796, Page 1051   View pdf image
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(iii) Provide a service that has been denied improperly;

(iv) Take appropriate steps to restore its ability to provide a service
that is provided under a contract;

(v) Cease the enrollment of any additional enrollees except
newborn children or other newly acquired dependents or existing enrollees; or

(vi) Cease any advertising or solicitation;

(2) Impose a penalty of not more than $5,000 for each unlawful act
committed;

(3) IMPOSE ANY PENALTY THAT COULD BE IMPOSED ON AN INSURER
UNDER § 4-113(D) OF THE INSURANCE ARTICLE;

[(3)] (4) Suspend or revoke the certificate of authority to do business as
a health maintenance organization; or

[(4)] (5) Apply to any court for legal or equitable relief considered
appropriate by the Commissioner or the Department, in accordance with the joint
internal procedures.

19-731.

(a) Before the Commissioner or the Department takes any action under §
19-728(a)[, § 19-729, or § 19-730] of this subtitle, the Commissioner shall give a
written notice to the health maintenance organization or its agent or to the officer of
the organization who is accused of violating the law, that states specifically the
nature of the alleged violation and sets a time, place, and date that a hearing of the
matter will be held. The hearing date may not be less than 10 days after the notice.

(b) After the hearing or on failure of the accused to appear at the hearing, and
in accordance with rules and regulations adopted under this subtitle, the
Commissioner may impose any of the penalties described in § 19-730 of this subtitle
that the Commissioner considers advisable.

19-732.

If the Department takes action under § 19-728(a) of this subtitle that obligates
the Commissioner to take action in any of the ways provided by §§ 19-729 through
19-731 of this subtitle, the aggrieved party, insofar as the appeal relates to the action
of the Department, may:

(1) Appeal that decision to the Board of Review of the Department; and

(2) Then take any further appeal allowed by the Administrative
Procedure Act.

19-733.

[Any] EXCEPT AS OTHERWISE PROVIDED UNDER § 19-732 OF THIS SUBTITLE,
ANY party aggrieved by a final action of the Commissioner under this subtitle has the

 

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Session Laws, 1999
Volume 796, Page 1051   View pdf image
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