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PARRIS N. GLENDENING, Governor Ch. 154
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(E) THE COMMISSIONER MAY REVOKE A CERTIFICATE OF AUTHORITY ISSUED
TO A FOREIGN CORPORATION SUBJECT TO THIS SUBTITLE IF:
(J) THE FOREIGN CORPORATION OPERATES A NONPROFIT HEALTH
SERVICE PLAN THAT IS AFFILIATED WITH A NONPROFIT HEALTH SERVICE PLAN
FORMED OR ORGANIZED UNDER THE LAWS OF THIS STATE; AND
(21 THE AFFILIATION BETWEEN THE FOREIGN NONPROFIT HEALTH
SERVICE PLAN AND THE NONPROFIT HEALTH SERVICE PLAN FORMED OR
ORGANIZED UNDER THE LAWS OF THIS STATE IS TERMINATED.
14-139.
(a) An officer, director, or employee of a corporation operating under this
subtitle may not:
(1) willfully violate a provision of this article or a regulation adopted
under this article;
(2) willfully misrepresent or conceal a material fact in a statement,
report, record, or communication submitted to the Commissioner;
(3) willfully misrepresent a material fact to the board of directors;
(4) misappropriate or fail to account properly for money that belongs to
the corporation, an insurer, insurance producer, subscriber, or certificate holder;
(5) engage in fraudulent or dishonest practices in connection with the
provision or administration of a health service plan;
(6) willfully fail to produce records or allow an examination under §
14-125 of this subtitle; or
(7) willfully fait to comply with a lawful order of the Commissioner.
(B) AN OFFICER DIRECTOR OR TRUSTEE OF A CORPORATION OPERATING
UNDER THIS SUBTITLE MAY NOT RECEIVE ANY IMMEDIATE OR FUTURE
REMUNERATION AS THE RESULT OF AN ACQUISITION OR PROPOSED ACQUISITION,
AS DEFINED UNDER § 6.5-101 OF THE STATE GOVERNMENT ARTICLE, EXCEPT IN THE
FORM OF COMPENSATION PAID FOR CONTINUED EMPLOYMENT WITH THE COMPANY
OR ACQUIRING ENTITY.
[(b)] (C) (1) A person that violates subsection (a) of this section is subject to a
civil penalty not exceeding $5,000 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.
[(c)] (D) In determining the amount of financial penalty to be imposed, the
Commissioner shall consider:
(1) the seriousness of the violation;
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