ROBERT L, EHRLICH, JR., Governor

Ch. 321

(b)     The Commissioner shall issue a certificate to an applicant that has met all
the requirements of this subtitle and all applicable regulations of the Commissioner.

(c)     A certificate issued under this subtitle is not transferable.

(D) THE COMMISSIONER MAY CONSIDER AN APPLICANT AS HAVING MET A
PARTICULAR CERTIFICATION REQUIREMENT UNDER THIS SUBTITLE IF:

(1)     THE APPLICANT HAS OBTAINED UTILIZATION MANAGEMENT
ACCREDITATION FROM AN APPROVED ACCREDITING ORGANIZATION AS
DETERMINED BY THE COMMISSIONER;

(2)      THE APPROVED ACCREDITING ORGANIZATION HAS REQUIREMENTS
THAT MEET OR EXCEED THE PARTICULAR REQUIREMENT IN THIS SUBTITLE; AND

(3)      THE APPLICANT DEMONSTRATES THAT THE APPLICANT MEETS OR
EXCEEDS THE PARTICULAR REQUIREMENT UNDER THIS SUBTITLE.

(E)     THE COMMISSIONER MAY ADOPT REGULATIONS TO IMPLEMENT THE
PROVISIONS OF THIS SECTION.

(F)     THE COMMISSIONER MAY NOT ISSUE A CERTIFICATE TO AN APPLICANT
WITH UTILIZATION MANAGEMENT ACCREDITATION BY AN APPROVED ACCREDITING
ORGANIZATION UNLESS THE APPLICANT MEETS ALL THE REQUIREMENTS OF THIS
SUBTITLE AND ALL APPLICABLE REGULATIONS OF THE COMMISSIONER.

(G)     A REPORT OF AN APPROVED ACCREDITING ORGANIZATION USED BY THE
COMMISSIONER AS EVIDENCE THAT THE APPLICANT HAS MEET MET A PARTICULAR
REQUIREMENT FOR A PRIVATE REVIEW AGENT CERTIFICATE SHALL BE MADE
AVAILABLE BY THE COMMISSIONER TO THE PUBLIC ON REQUEST.

[(d)] (H) (1) The Commissioner, after consultation with payors, including
the Health Insurance Association of America, the League of Life and Health Insurers
of Maryland, and the Maryland Association of Health Plans, and providers of health
care, including the MHA: the Association of Maryland Hospitals and Health Systems,
CareFirst BlueCross BlueShield, the Medical and Chirurgical Faculty of Maryland,
and licensed or certified providers of treatment for a mental illness, emotional
disorder, or a drug abuse or alcohol abuse disorder, shall adopt regulations to
implement the provisions of this subtitle.

(2) (i) Subject to the provisions of subparagraph (iii) of this paragraph,
the regulations adopted by the Commissioner shall include a uniform treatment plan
form for utilization review of services for the treatment of a mental illness, emotional
disorder, or a substance abuse disorder.                   

(ii) The uniform treatment plan form adopted by the
Commissioner:

1. shall adequately protect the confidentiality of the patient;

and                                                        

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