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Statutes Text

Article - Insurance




§19–117.

    (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.

    (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.

    (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.



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