1. A. If a PBM uses a contract form or amendment form which becomes effective and the contract form or amendment form is subsequently found by the Commissioner to be noncompliant, the Commissioner may:

   1. (1) Issue an order that:

      1. (a) Gives notice of the disapproval;
      2. (b) States a reason for the disapproval; and
      3. (c) States the effective date of the disapproval in the notice; and
   2. (2) Impose a penalty as provided under Insurance Article, §15-1642, Annotated Code of Maryland.
2. B. An order under this regulation is subject to a hearing under Insurance Article, §2-210, Annotated Code of Maryland.
3. C. A request for a hearing under this regulation does not stay that portion of the order that requires a PBM to cease and desist from the conduct identified in the order.

Authority: Insurance Article, §§2-109, 12-203(d)(2), 15-1628, and 15-1642, Annotated Code of Maryland

Effective date: Effective March 23, 2020 (47:6 Md. R. 343)

Regulation .02B amended effective February 7, 2022 (49:3 Md. R. 141)

Regulation .03 amended effective February 7, 2022 (49:3 Md. R. 141)

Regulation .04A amended effective February 7, 2022 (49:3 Md. R. 141)

Regulation .05A amended effective February 7, 2022 (49:3 Md. R. 141)