(1) ISSUE AN ORDER UNDER § 19-731 OF THIS SUBTITLE; OR
(2) SEND A WRITTEN DIRECTIVE TO THE COMMISSIONER UNDER §
19-728(A) OF THIS SUBTITLE THAT;
(I) SETS OUT THE QUALITY ASSURANCE MEDICAL DIRECTOR'S
FINDINGS AND THE REASONS FOR THE FINDINGS; AND
(II) DIRECTS THE COMMISSIONER TO SUSPEND, REVOKE, OR
REFUSE TO RENEW THE CERTIFICATE OF AUTHORITY OF THE HEALTH
MAINTENANCE ORGANIZATION OR TAKE ANY OTHER APPROPRIATE ACTION,
INCLUDING, IF APPLICABLE, IMPOSITION OF ANY OF THE SANCTIONS SPECIFIED IN §
19-730 OF THIS SUBTITLE FOR A VIOLATION OF § 19-729 OF THIS SUBTITLE.
19-728.
(a) (1) If, as to a matter that is within the jurisdiction of the Department
under this subtitle, the Secretary finds that a health maintenance organization does
not meet the requirements of this subtitle or the rules and regulations adopted under
it [and cannot or will not make corrective changes or new arrangements to meet
these requirements], the Secretary may send to the Commissioner a written directive
that sets out the findings of the Secretary and reasons for them and directs the
Commissioner to suspend [or revoke] REVOKE, OR REFUSE TO RENEW the certificate
of authority of the health maintenance organization or to take any other appropriate
action that the Secretary specifies, INCLUDING, IF APPLICABLE, IMPOSITION OF ANY
OF THE SANCTIONS SPECIFIED IN § 19-730 OF THIS SUBTITLE FOR A VIOLATION OF §
19-720 OF THIS SUBTITLE.
(2) The Commissioner shall comply with [the] A directive ISSUED BY
THE SECRETARY UNDER PARAGRAPH (1) OF THIS SUBSECTION.
(b) (A) The Commissioner is responsible for:
(1) Determining whether each health maintenance organization is or
will be able to provide a fiscally sound operation and adequate provision against risk
of insolvency and may adopt reasonable rules and regulations designed to achieve this
goal; and
(2) Actuarial and financial evaluations and determinations of each
health maintenance organization.
(e) (B) (1) If the Commissioner determines that a health maintenance
organization is not operating in a fiscally sound manner, the Commissioner shall
notify the Department of the determination.
(2) After notifying the Department in accordance with the provisions of
paragraph (1) of this subsection, the Commissioner shall monitor the health
maintenance organization on a continuous basis until the Commissioner determines
that the health maintenance organization is operating in a fiscally sound manner.
19-729.
(a) A health maintenance organization may not:
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