§ 19-730. Penalties - Violation of § 19-729 of this subtitle.
(a) In general.- If any person violates any provision of § 19-729 of this subtitle, the Commissioner may:
(1) Issue an administrative order that requires the health maintenance organization to:
(i) Cease inappropriate conduct or practices by it or any of the personnel employed or associated with it;
(ii) Fulfill its contractual obligations;
(iii) Provide a service that has been denied improperly;
(iv) Take appropriate steps to restore its ability to provide a service that is provided under a contract;
(v) Cease the enrollment of any additional enrollees except newborn children or other newly acquired dependents of existing enrollees; or
(vi) Cease any advertising or solicitation;
(2) In addition to suspending or revoking a certificate of authority:
(i) Impose a penalty of not less than $100, but not more than $125,000 for each violation; and
(ii) Order the health maintenance organization to pay restitution to any person who has suffered financial injury because of the violation;
(3) Suspend, revoke, or refuse to renew the certificate of authority to do business as a health maintenance organization;
(4) Suspend, revoke, or refuse to renew the certificate of a medical director of a health maintenance organization; or
(5) Apply to any court for legal or equitable relief considered appropriate by the Commissioner or the Department, in accordance with the joint internal procedures.
(b) Notice.- If the Commissioner issues an order or imposes any penalty under this section, the Commissioner immediately shall provide written notice of the order or penalty to the Secretary.
§ 19-730. Penalties - Violation of § 19-729 of this subtitle.
(a) In general.- If any person violates any provision of § 19-729 of this subtitle, the Commissioner may:
(1) Issue an administrative order that requires the health maintenance organization to:
(i) Cease inappropriate conduct or practices by it or any of the personnel employed or associated with it;
(ii) Fulfill its contractual obligations;
(iii) Provide a service that has been denied improperly;
(iv) Take appropriate steps to restore its ability to provide a service that is provided under a contract;
(v) Cease the enrollment of any additional enrollees except newborn children or other newly acquired dependents of existing enrollees; or
(vi) Cease any advertising or solicitation;
(2) In addition to suspending or revoking a certificate of authority:
(i) Impose a penalty of not less than $100, but not more than $125,000 for each violation; and
(ii) Order the health maintenance organization to pay restitution to any person who has suffered financial injury because of the violation;
(3) Suspend, revoke, or refuse to renew the certificate of authority to do business as a health maintenance organization;
(4) Suspend, revoke, or refuse to renew the certificate of a medical director of a health maintenance organization; or
(5) Apply to any court for legal or equitable relief considered appropriate by the Commissioner or the Department, in accordance with the joint internal procedures.
(b) Notice.- If the Commissioner issues an order or imposes any penalty under this section, the Commissioner immediately shall provide written notice of the order or penalty to the Secretary.
§ 19-730. Penalties - Violation of § 19-729 of this subtitle.
(a) In general.- If any person violates any provision of § 19-729 of this subtitle, the Commissioner may:
(1) Issue an administrative order that requires the health maintenance organization to:
(i) Cease inappropriate conduct or practices by it or any of the personnel employed or associated with it;
(ii) Fulfill its contractual obligations;
(iii) Provide a service that has been denied improperly;
(iv) Take appropriate steps to restore its ability to provide a service that is provided under a contract;
(v) Cease the enrollment of any additional enrollees except newborn children or other newly acquired dependents of existing enrollees; or
(vi) Cease any advertising or solicitation;
(2) In addition to suspending or revoking a certificate of authority:
(i) Impose a penalty of not less than $100, but not more than $125,000 for each violation; and
(ii) Order the health maintenance organization to pay restitution to any person who has suffered financial injury because of the violation;
(3) Suspend, revoke, or refuse to renew the certificate of authority to do business as a health maintenance organization;
(4) Suspend, revoke, or refuse to renew the certificate of a medical director of a health maintenance organization; or
(5) Apply to any court for legal or equitable relief considered appropriate by the Commissioner or the Department, in accordance with the joint internal procedures.
(b) Notice.- If the Commissioner issues an order or imposes any penalty under this section, the Commissioner immediately shall provide written notice of the order or penalty to the Secretary.
