Ch. 357

2003 LAWS OF MARYLAND

(3) (I) THE COMMISSIONER SHALL REVIEW THE PROPOSED
GUIDELINES AND, WITHIN 60 DAYS, APPROVE OR DISAPPROVE THE PROPOSED
GUIDELINES.

(II) FAILURE OF THE COMMISSIONER TO ACT ON THE PROPOSED
GUIDELINES WITHIN 60 DAYS SHALL CONSTITUTE APPROVAL.

(4) IF THE COMMISSIONER DISAPPROVES THE PROPOSED GUIDELINES,
THE BOARD SHALL REVISE AND SUBMIT NEW PROPOSED GUIDELINES THAT MEET
THE COMMISSIONER'S APPROVAL.

(5) THE BOARD SHALL REVIEW THE PROPOSED GUIDELINES AT LEAST
ANNUALLY AND, IF THE BOARD FINDS THAT CHANGES ARE NEEDED, THE BOARD
SHALL SUBMIT THE CHANGES TO THE COMMISSIONER IN ACCORDANCE WITH
PARAGRAPHS (1) THROUGH (3) OF THIS SUBSECTION.

(6) THE BOARD SHALL:

(I) PROVIDE A COPY OF THE APPROVED GUIDELINES:

1. TO EACH OFFICER AND EXECUTIVE OF THE NONPROFIT
HEALTH SERVICE PLAN; AND

2. TO EACH CANDIDATE FOR AN OFFICER OR EXECUTIVE
POSITION WITH THE NONPROFIT HEALTH SERVICE PLAN; AND

(II) ADHERE TO THE APPROVED GUIDELINES IN COMPENSATING
THE OFFICERS AND EXECUTIVES OF THE NONPROFIT HEALTH SERVICE PLAN.

(7) ON AN ANNUAL BASIS, THE COMMISSIONER SHALL REVIEW THE
COMPENSATION PAID BY THE NONPROFIT HEALTH SERVICE PLAN TO EACH OFFICER
AND EXECUTIVE.

(8) IF THE COMMISSIONER FINDS THAT THE COMPENSATION EXCEEDS
THE AMOUNT AUTHORIZED UNDER THE APPROVED GUIDELINES, THE
COMMISSIONER SHALL ISSUE AN ORDER PROHIBITING PAYMENT OF THE EXCESS
AMOUNT.

(E) THE APPROVAL OR RECEIPT OF REMUNERATION IN VIOLATION OF AN
ORDER ISSUED UNDER SUBSECTION (D)(8) OF THIS SECTION IS A VIOLATION OF §
14-115(C) OF THIS SUBTITLE AND SHALL BE CONSIDERED AN UNSOUND OR UNSAFE
BUSINESS PRACTICE UNDER § 14-116 OF THIS SUBTITLE.

[(c)] (F) (1) EXCEPT FOR AN EMPLOYEE UNDER SUBSECTION (C) OF THIS
SECTION, A person that violates subsection (a) OR (C) of this section is subject to a civil
penalty not exceeding [$5,000] $10,000 for each violation.

(2) Instead of or in addition to imposing a civil penalty, the
Commissioner may require the violator to make restitution to any person that has
suffered financial injury as a result of the violation.

[(d)] (G) In determining the amount of financial penalty to be imposed, the
Commissioner shall consider:

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