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Session Laws, 1999
Volume 796, Page 3807   View pdf image
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(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) Suspend [or revoke], REVOKE, OR REFUSE TO RENEW the certificate
of authority to do business as a health maintenance organization;

(4) SUSPEND, REVOKE, OR REFUSE TO RENEW THE CERTIFICATE OF A
MEDICAL DIRECTOR OF A HEALTH MAINTENANCE ORGANIZATION;

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

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

(B) IF THE COMMISSIONER ISSUES AN ORDER OR IMPOSES ANY PENALTY
UNDER THIS SECTION, THE COMMISSIONER IMMEDIATELY SHALL PROVIDE WRITTEN
NOTICE OF THE ORDER OR PENALTY TO THE SECRETARY.

[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.]

19-731.

(A) IF A PERSON VIOLATES ANY PROVISION OF § 19-729 §§ 19-705 AND 19-705.1
OF THIS SUBTITLE, THE SECRETARY, IN ADDITION TO ANY ACTION TAKEN UNDER §
19-728(A) OF THIS SUBTITLE, MAY:

(1) ISSUE AN ADMINISTRATIVE ORDER THAT REQUIRES THE HEALTH
MAINTENANCE ORGANIZATION TO:

(I) CEASE INAPPROPRIATE CONDUCT OR PRACTICES BY IT OR ANY
OF THE PERSONNEL EMPLOYED BY OR ASSOCIATED WITH IT AND COMPLY WITH THE
STANDARDS ESTABLISHED BY THE DEPARTMENT; OR

 

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Session Laws, 1999
Volume 796, Page 3807   View pdf image
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