1. (a) Within 90 days after the filing of an application for a certificate of authority to operate as a health maintenance organization, the Commissioner shall issue the certificate of authority to the applicant if:

   1. (1) The application conforms with § 19-708 of this subtitle;
   2. (2) The applicant has paid the fees required by § 19-709 of this subtitle;
   3. (3) The Department has advised in writing that the health maintenance organization's proposed health-related services, operations, and functions that fall under the regulatory jurisdiction of the Department appear to meet its requirements or are approved by the Department; and
   4. (4) The Commissioner is satisfied that the requirements of § 19-710 of this subtitle are met.

2. (b)

   1. (1) Subject to paragraph (2) of this subsection, the provisions of Title 7 of the Insurance Article apply to health maintenance organizations.
   2. (2) Before approving a transaction under § 7-306 of the Insurance Article, the Insurance Commissioner shall consult with the Secretary.
3. (c) Subsection (b) of this section may not apply to any transaction preempted by federal law.

Added by Acts 1982, c. 21, § 2, eff. July 1, 1982. Amended by Acts 1988, c. 754, § 2, eff. July 1, 1988; Acts 1989, c. 5, § 1, eff. March 9, 1989; Acts 1997, c. 70, § 4, eff. Oct. 1, 1997; Acts 2002, c. 117, § 1, eff. Oct. 1, 2002.

Formerly Art. 43, § 844.