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§ 19-117. Legally protected health care

West's Annotated Code of MarylandInsuranceEffective: June 1, 2023

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 19. Property and Casualty Insurance
Subtitle 1. General Provisions (Refs & Annos)
Effective: June 1, 2023
MD Code, Insurance, § 19-117
§ 19-117. Legally protected health care
Adverse action defined
(a)(1) In this section, “adverse action” includes:
(i) refusing to renew or execute a contract or agreement with a health care practitioner;
(ii) making a report or commenting to an appropriate private or governmental entity regarding practices of legally protected health care as defined in § 2-312 of the State Personnel and Pensions Article; and
(iii) increasing a premium for or making another type of unfavorable change regarding terms of coverage under a medical professional liability insurance contract agreement with a health care practitioner.
(2) “Adverse action” does not include making a rate filing in accordance with § 11-206 of this article.
In general
(b) An insurer that issues to, delivers to, or renews medical professional liability insurance for a health care practitioner licensed, certified, or otherwise authorized by law to practice in the State may not take adverse action against a health care practitioner in whole or in part because the health care practitioner provides legally protected health care or makes a referral for legally protected health care.
Professional misconduct
(c) This section does not prohibit the medical professional liability insurer from taking adverse action against a health care practitioner for conduct that would otherwise constitute professional misconduct.

Credits

Added by Acts 2023, c. 246, § 1, eff. June 1, 2023; Acts 2023, c. 247, § 1, eff. June 1, 2023.
MD Code, Insurance, § 19-117, MD INSURANCE § 19-117
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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