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Session Laws, 1999
Volume 796, Page 3808   View pdf image
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(II) PROVIDE ANY SERVICE REQUIRED BY §§ 19-705 AND 19-705.1 OF
THIS SUBTITLE THAT HAS BEEN DENIED IMPROPERLY;

(2) IMPOSE A PENALTY OF NOT LESS THAN $100 AND NOT MORE THAN
$125,000 FOR EACH VIOLATION; OR

(3) REQUIRE THE HEALTH MAINTENANCE ORGANIZATION TO MAKE
RESTITUTION TO ANY PERSON WHO HAS SUFFERED FINANCIAL INJURY BECAUSE OF
THE VIOLATION; OR

(3) SUSPEND, REVOKE, OR REFUSE TO RENEW THE CERTIFICATE OF
AUTHORITY OF THE HEALTH MAINTENANCE ORGANIZATION; OR

(4) (3) APPLY TO ANY COURT FOR LEGAL OR EQUITABLE RELIEF
CONSIDERED APPROPRIATE BY THE SECRETARY.

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

19-732.

If the [Department] SECRETARY takes action under § 19-728(a) of this subtitle
that obligator the Commiss
ioner to take action in any of the ways provided [by]
UNDER §§ 19-729 [through 19-731] AND 19-730 of this subtitle OR TAKES ACTION
UNDER
§ 19-731 OF THIS SUBTITLE, the aggrieved party, insofar as the appeal relates
to the action of the [Department] SECRETARY, 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. 19-732.

(A) [Any] EXCEPT FOR AN ORDER THAT IS ISSUED BY THE COMMISSIONER AS
DIRECTED BY THE
SECRETARY UNDER § 19-728(A) OF THIS SUBTITLE, A party
aggrieved by a final action of the Commissioner under this subtitle has the right to a
hearing and the right to appeal from the action of the Commissioner under §§ 2-210
through 2-215 of the Insurance Article.

(B) A PARTY AGGRIEVED BY AN ORDER OF THE SECRETARY UNDER THIS
SUBTITLE MAY APPEAL THAT ORDER TO THE BOARD OF REVIEW OF THE
DEPARTMENT AND TAKE ANY FURTHER APPEAL PROVIDED BY THE STATE

GOVERNMENT ARTICLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1999.

 

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Session Laws, 1999
Volume 796, Page 3808   View pdf image
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