Ch. 275                                    2004 LAWS OF MARYLAND

(3) REQUEST THE COMPTROLLER TO TRANSFER THE BALANCE IN THE
FUND, AFTER SUBTRACTION OF THE AMOUNT DETERMINED AS PROVIDED IN ITEM (2)
OF THIS SUBSECTION, TO THE GENERAL FUND OF THE STATE.

(H) UNDELIVERABLE CHECKS CREDITED TO THE FUND ARE NOT SUBJECT TO
TITLE 17 OF THE COMMERCIAL LAW ARTICLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2004.

Approved May 11, 2004.

CHAPTER 275
(Senate Bill 439)

AN ACT concerning

Insurance - Viatical Settlement Providers and Viatical Settlement Brokers

FOR the purpose of requiring viatical settlement providers and viatical settlement
brokers to register with the Maryland Insurance Commissioner under certain
circumstances; providing, that this Act applies only to certain contracts between
viators and viatical settlement providers; establishing certain registration
requirements; requiring viatical settlement providers and viatical settlement
brokers to make certain disclosures in a certain manner to viators under certain
circumstances; providing for renewal of registrations; authorizing the
Commissioner to deny a registration to an applicant or refuse to renew, suspend,
or revoke a registration under certain circumstances; authorizing the
Commissioner to impose a certain penalty or require restitution under certain
circumstances; establishing certain violations of this Act; clarifying who is
eligible to negotiate viatical settlement contracts between a viator and one or
more settlement providers; requiring viatical settlement contracts and
applications for viatical settlement contracts to contain a certain statement;
providing that the absence of a certain statement does not constitute a certain
defense; providing that it is a fraudulent insurance act for a person knowingly or
willfully to present, or cause to be presented, certain documentation or a certain
statement with knowledge that the documentation or statement contains certain
false or misleading information; requiring certain persons to report suspected
insurance fraud under certain circumstances and in a certain manner; providing
that certain information, documentation, or evidence provided by a viatical
settlement provider or a viatical settlement broker in connection with an
investigation of suspected insurance fraud is not subject to public inspection
under certain circumstances; requiring a viatical settlement provider to have in
place a certain antifraud plan, notify the Commissioner in writing within a
certain timeframe after instituting or modifying the antifraud plan, and file its
antifraud plan with the Commissioner; specifying certain items to be included in
the antifraud plan; providing for the confidentiality of the antifraud plan;
providing for the approval and disapproval of the antifraud plan and for

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