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§ 19-214.3. Complaint against hospital for violation of § 19-214.1 or § 19-214.2; penalties

West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2020

West's Annotated Code of Maryland
Health--General
Title 19. Health Care Facilities (Refs & Annos)
Subtitle 2. Health Services Cost Review Commission (Refs & Annos)
Part II. Health Care Facility Rate Setting
Effective: October 1, 2020
MD Code, Health - General, § 19-214.3
§ 19-214.3. Complaint against hospital for violation of § 19-214.1 or § 19-214.2; penalties
Complaints against hospitals
(a)(1)(i) The Commission shall establish a process for a patient or a patient's authorized representative to file with the Commission a complaint against a hospital for an alleged violation of § 19-214.1 or § 19-214.2 of this subtitle.
(ii) The process established under subparagraph (i) of this paragraph shall:
1. Include the option for a patient or a patient's authorized representative to file the complaint jointly with the Commission and the Health Education and Advocacy Unit; and
2. Provide the patient or the patient's authorized representative with the following information:
A. The Health Education and Advocacy Unit is available to assist the patient or the patient's authorized representative in filing and mediating a reconsideration request; and
B. The address, phone number, facsimile number, e-mail address, mailing address, and website of the Health Education and Advocacy Unit.
(2)(i) Subject to subparagraph (ii) of this paragraph, a complaint filed with the Commission is a public record and is subject to reasonable inspection.
(ii) The Commission shall deny inspection of the complainant's name, address, or any other personal identifying information.
(3) The filing of a complaint under this subsection does not prevent an individual from:
(i) Exercising any right or seeking any remedy to which the individual may otherwise be entitled; or
(ii) Filing a complaint with any other agency or a court.
Additional remedies
(b)(1) The remedies authorized under this section are in addition to any other statutory, legal, or equitable remedies that may be available and are not intended to be a prerequisite to, or exclusive of, any other remedy.
(2) An individual or a governmental unit is not required to exhaust the administrative remedy authorized under this subtitle before filing suit.
Validity of waivers
(c)(1) A waiver by any patient or other individual of any protection provided by § 19-214.1, § 19-214.2, or § 19-214.4 of this subtitle or any regulation adopted under this subtitle is null and void as being against the public policy of the State.
(2) Except as prohibited by federal law, a provision in a hospital's financial assistance policy or agreement between the patient and a hospital that waives any substantive or procedural right or remedy related to conduct prohibited by § 19-214.1, § 19-214.2, or § 19-214.4 of this subtitle or any regulation adopted under this subtitle is null and void as being against the public policy of the State.
Fines and penalties
(d)(1) If a hospital knowingly violates any provision of § 19-214.1 or § 19-214.2 of this subtitle or any regulation adopted under this subtitle, the Commission may impose a fine not to exceed $50,000 per violation.
(2) Before imposing a fine, the Commission shall consider the appropriateness of the fine in relation to the severity of the violation.
(3) A violation by a hospital or an outside collection agency of § 19-214.1 or § 19-214.2 of this subtitle or any regulation adopted under this subtitle is an unfair, abusive, and deceptive trade practice under the Maryland Consumer Protection Act.

Credits

Added by Acts 2009, c. 310, § 1, eff. June 1, 2009; Acts 2009, c. 311, § 1, eff. June 1, 2009. Amended by Acts 2020, c. 470, § 1, eff. Oct. 1, 2020.
MD Code, Health - General, § 19-214.3, MD HEALTH GEN § 19-214.3
Current through all legislation from the 2020 Regular Session of the General Assembly.
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