ROBERT L. EHRLICH, JR., Governor                             Ch. 356

(4) EMPLOYED PRICING POLICIES THAT ENHANCE THE AFFORDABILITY
OF HEALTH CARE SERVICES OR HEALTH CARE PRODUCTS AND RESULT IN A HIGHER
MEDICAL LOSS RATIO THAN THAT ESTABLISHED BY A COMPARABLE FOR PROFIT
HEALTH INSURER; OR

[(2)] (5) served the public interest by any method or practice approved
by the Commissioner.

(e) [(1)] [A] NOTWITHSTANDING SUBSECTION (D) OF THIS SECTION, A
nonprofit health service plan that is subject to this section and issues comprehensive
health care benefits in the State shall;

(1) OFFER HEALTH CARE PRODUCTS IN THE INDIVIDUAL MARKET;

(2) OFFER HEALTH CARE PRODUCTS IN THE SMALL EMPLOYER GROUP
MARKET IN ACCORDANCE WITH TITLE 15, SUBTITLE 12 OF THIS ARTICLE; AND

(3) administer and subsidize the Senior Prescription Drug Program
established under Title 14, Subtitle 5, Part II of this title.

[(2)](F) The subsidy required under the Senior Prescription Drug
Program may not exceed the value of the nonprofit health service plan's premium tax
exemption under § 6-101(b) of this article.

[(f)](G) Each report filed with the Commissioner under subsection (c) of this
section is a public record.

14-107.

(a)     By November 1 of each year, the Commissioner shall issue an order
notifying each nonprofit health service plan that is required to file a report under §
14-106 of this subtitle of whether the plan has satisfied the requirements of § 14-106
of this subtitle.

(b)     [(1)] If the Commissioner determines that a nonprofit health service plan
has not satisfied the requirements of § 14-106 of this subtitle, [the nonprofit health
service plan shall have 1 year from the date the Commissioner issued the order under
subsection (a) of this section to comply with the requirements of § 14-106 of this
subtitle.

(2) If after the time period provided under paragraph (1) of this
subsection the Commissioner determines that a nonprofit health service plan has not
satisfied the requirements of § 14-106 of this subtitle:

(i) the Commissioner shall report the determination to the House
[Economic Matters] HEALTH AND GOVERNMENT OPERATIONS Committee and the
Senate Finance Committee, including the reasons for the determination; and

(ii) if required by an act of the General Assembly, the nonprofit
health service plan shall be subject to] THE COMMISSIONER SHALL ISSUE AN ORDER
REQUIRING THE NONPROFIT HEALTH SERVICE PLAN TO PAY the premium tax under
Title 6, Subtitle 1 of this article:

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