H.B. 2

VETOES

calendar year in connection with perpetual policies of fire insurance issued on
property in the State and in force during any part of that year; and

(2) pay to the Commissioner the total amount of taxes imposed by this
subtitle, as shown on the face of the report, after crediting the amount of taxes paid
with the declaration of estimated tax and each quarterly report filed under § 6-106 of
this subtitle.

10-131.

A person that violates § 10-103(b) or (c) [or § 10-130], § 10-130, OR § 10-133 of
this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not
exceeding $500 or imprisonment not exceeding 6 months or both for each violation.

10-133.

(A) IN THIS SECTION, "MEDICAL PROFESSIONAL LIABILITY INSURANCE"
MEANS INSURANCE PROVIDING COVERAGE AGAINST DAMAGES DUE TO MEDICAL
INJURY ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES
RENDERED OR WHICH SHOULD HAVE BEEN RENDERED BY A HEALTH CARE
PROVIDER.

(B) NOTWITHSTANDING § 10-130(A) OF THIS SUBTITLE, AN AUTHORIZED
INSURER THAT ISSUES POLICIES OF MEDICAL PROFESSIONAL LIABILITY INSURANCE
IN THE STATE SHALL:

(1) OFFER POLICYHOLDERS AND POTENTIAL POLICYHOLDERS THE
ABILITY TO PURCHASE AND RENEW COVERAGE DIRECTLY FROM THE AUTHORIZED
INSURER; AND

(2) FOR A POLICYHOLDER THAT PURCHASES OR RENEWS COVERAGE
DIRECTLY, PROVIDE A PREMIUM DISCOUNT OR REBATE IN AN AMOUNT EQUIVALENT
TO THE COMMISSION THE AUTHORIZED INSURER WOULD HAVE PAID AN INSURANCE
PRODUCER TO SELL THE SAME POLICY LESS 1% FOR ADMINISTRATIVE EXPENSE.

(C) A LICENSED INSURANCE PRODUCER MAY NOT ENTER INTO AN EXCLUSIVE
APPOINTMENT AGREEMENT WITH AN AUTHORIZED INSURER THAT ISSUES MEDICAL
PROFESSIONAL LIABILITY INSURANCE.

(D) (1) BEGINNING JANUARY 1, 2005 UNTIL DECEMBER 31, 2009, AN
AUTHORIZED INSURER THAT ISSUES POLICIES OF MEDICAL PROFESSIONAL
LIABILITY INSURANCE IN THE STATE MAY NOT PAY A COMMISSION AT A RATE THAT
EXCEEDS THE COMMISSION RATE PAID BY THAT AUTHORIZED INSURER ON
NOVEMBER 1, 2004 MINUS 5% OF THE PREMIUM; AND

(2) AN AUTHORIZED INSURER THAT WAS NOT ACTIVE IN THE STATE ON
NOVEMBER 1, 2004 MAY NOT PAY A COMMISSION AT A RATE THAT EXCEEDS 5%.

19-104.

(a) Each policy that insures a health care provider against damages due to
medical injury arising from providing or failing to provide health care shall contain
provisions that:

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