1. A. Subject to Insurance Article, §15-802, Annotated Code of Maryland, the following information that is included in a carrier’s access plan shall be considered confidential by the Commissioner:

   1. (1) Proprietary methodology used to annually assess the carrier’s performance in meeting the standards established under this chapter;
   2. (2) Proprietary methodology used to annually measure timely access to health care services; and
   3. (3) Factors used by the carrier to build its network.

2. B. A carrier submitting an access plan or supplemental information required for the network adequacy waiver standards may submit a written request to the Commissioner that specific information included in the plan not be disclosed under the Public Information Act and shall:

   1. (1) Identify the particular information that the carrier requests not be disclosed; and
   2. (2) Cite the statutory authority that permits denial of access to the information.
3. C. The Commissioner may review a request made under §B of this regulation upon receipt of a request for access pursuant to the Public Information Act.
4. D. The Commissioner may notify the carrier that made a request under §B of this regulation before granting access to information that was the subject of the request.

Authority: Insurance Article, §§2-109(a)(1) and 15-112(a)—(d), Annotated Code of Maryland

Effective date: December 31, 2017 (44:25 Md. R. 1180)

Chapter revised effective May 15, 2023 (50:9 Md. R. 379)