Ch. 356

2003 LAWS OF MARYLAND

(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:

(1) FOR A PERIOD OF TIME BEGINNING WITH THE DATE THE PLAN WAS
DETERMINED TO BE OUT OF COMPLIANCE WITH § 14-106 OF THIS SUBTITLE; AND

(2) IN AN AMOUNT EQUAL TO THE AMOUNT BY WHICH THE VALUE OF
THE NONPROFIT HEALTH SERVICE PLAN'S PREMIUM TAX EXEMPTION UNDER §
6-101(B) OF THIS ARTICLE EXCEEDS THE SUM OF:

(I) THE SUBSIDY REQUIRED UNDER THE SENIOR PRESCRIPTION
DRUG PROGRAM ESTABLISHED UNDER SUBTITLE 5, PART II OF THIS TITLE; AND

(II) OTHER FUNDS USED BY THE NONPROFIT HEALTH SERVICE
PLAN TO MEET THE PUBLIC SERVICE REQUIREMENT UNDER § 14-106 OF THIS
SUBTITLE.

(c)     A nonprofit health service plan that fails to timely file the report required
under § 14-106 of this subtitle shall pay the penalties under § 14-121 of this subtitle.

(d)     A party aggrieved by an order of the Commissioner issued under this
section has a right to a hearing in accordance with §§ 2-210 through 2-215 of this
article.

(E) PREMIUM TAX REVENUE COLLECTED BY THE ADMINISTRATION AS THE
RESULT OF AN ORDER ISSUED UNDER SUBSECTION (B) OF THIS SECTION SHALL BE
DEPOSITED INTO THE MARYLAND HEALTH INSURANCE PLAN FUND ESTABLISHED
UNDER § 14-504 OF THIS TITLE.

14-109.

An applicant for a certificate of authority shall:

(1)     file with the Commissioner an application on the form that the
Commissioner provides containing the information that the Commissioner considers
necessary;

(2)     pay to the Commissioner the applicable fee required by § 2-112 of this
article; and

(3)     file with the Commissioner copies of the following documents, certified
by at least two of the executive officers of the corporation:

(i) articles of incorporation, INCLUDING THE APPLICANTS
CORPORATE MISSION STATEMENT, with all amendments:

(ii) bylaws with all amendments;

(iii) each contract executed or proposed to be executed by the
corporation and a health care provider, embodying the terms under which health care
services are to be furnished to subscribers to the plan;

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