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

[(e)] (F) (1) Before assessing a civil penalty, the Commissioner shall serve
by certified mail, return receipt requested, on the person to be charged a notice that
contains:

(i) the specifications of the charge; and

(ii) the time and place of a hearing to be held on the charges.

(2) The Commissioner shall hold a hearing on the charges at least 20
days after the date of mailing the notice.

(3) The Commissioner or designee of the Commissioner shall conduct a
hearing on the charges in accordance with Title 2, Subtitle 2 of this article.

(4) Subject to Title 2, Subtitle 2 of this article, an appeal may be taken
from a final order of the Commissioner to the Circuit Court for Baltimore City.

[(f)] (G) In addition to any other penalty or remedy under this section, a
person that is found to have gained financially from a violation of a provision of this
article or a regulation adopted by the Commissioner shall forfeit the gain.

[(g)] (H) This section does not prevent a person damaged by a director, officer,
manager, employee, or agent of a corporation subject to this subtitle from bringing a
separate action in a court of competent jurisdiction.

14-504.

(a) (1) There is a Maryland Health Insurance Plan Fund.

(2) The Fund is a special nonlapsing fund that is not subject to § 7-302 of
the State Finance and Procurement Article.

(3)     The Treasurer shall separately hold and the Comptroller shall
account for the Fund.

(4)     The Fund shall be invested and reinvested at the direction of the
Board in a manner that is consistent with the requirements of Title 5, Subtitle 6 of
this article.

(5) Any investment earnings shall be retained to the credit of the Fund.

(6) On an annual basis, the Fund shall be subject to an independent
actuarial review setting forth an opinion relating to reserves and related actuarial
items held in support of policies and contracts.

(7) The Fund shall be used only to provide funding for the purposes
authorized under this subtitle.

(b) The Fund shall consist of:

(1) premiums for coverage that the Plan issues;

(2) premiums paid by enrollees of the Senior Prescription Drug Program;

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