<?xml version='1.0' encoding='utf-8'?>
<section article="ghg" article_name="Health - General" number="19-705.1" title_number="19" title_name="Health Care Facilities" subtitle_number="7" subtitle_name="Health Maintenance Organizations">
  <level label="a">
    <text>The Secretary shall adopt regulations that set out reasonable standards of quality of care that a health maintenance organization shall provide to its members.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>The standards of quality of care shall include:</text>
      <level label="i">
        <text>A requirement that a health maintenance organization shall provide for regular hours during which a member may receive services, including providing for services to a member in a timely manner that takes into account the immediacy of need for services;</text>
      </level>
      <level label="ii">
        <text>A requirement that a health maintenance organization shall have a system for providing a member with 24–hour access to a physician in cases where there is an immediate need for medical services, and for promoting timely access to and continuity of health care services for members, including:</text>
        <level label="1">
          <text>Providing 24–hour access by telephone to a person who is able to appropriately respond to calls from members and providers concerning after–hours care; and</text>
        </level>
        <level label="2">
          <text>Providing a 24–hour toll free telephone access system for use in hospital emergency departments in accordance with § 19–705.7 of this subtitle;</text>
        </level>
      </level>
      <level label="iii">
        <text>A requirement that any nonparticipating provider shall submit to the health maintenance organization the appropriate documentation of the medical complaint of the member and the services rendered;</text>
      </level>
      <level label="iv">
        <text>A requirement that a health maintenance organization shall have a physician available at all times to provide diagnostic and treatment services;</text>
      </level>
      <level label="v">
        <text>A requirement that a health maintenance organization shall ensure that:</text>
        <level label="1">
          <text>Each member who is seen for a medical complaint is evaluated under the direction of a physician; and</text>
        </level>
        <level label="2">
          <text>Each member who receives diagnostic evaluation or treatment is under the medical management of a health maintenance organization physician who provides continuing medical management;</text>
        </level>
      </level>
      <level label="vi">
        <text>A requirement that each member shall have an opportunity to select a primary physician, a physician assistant, a certified nurse–midwife, a licensed certified midwife, or a certified nurse practitioner from among those available to the health maintenance organization; and</text>
      </level>
      <level label="vii">
        <text>A requirement that a health maintenance organization print, in any directory of participating providers or hospitals, in a conspicuous manner, the address, telephone number, and facsimile number of the State agency that members, enrollees, and insureds may call to discuss quality of care issues, life and health insurance complaints, and assistance in resolving billing and payment disputes with the health plan or health care provider, as follows:</text>
        <level label="1">
          <text>For quality of care issues and life and health care insurance complaints, the Maryland Insurance Administration; and</text>
        </level>
        <level label="2">
          <text>For assistance in resolving a billing or payment dispute with the health plan or a health care provider, the Health Education and Advocacy Unit of the Consumer Protection Division of the Office of the Attorney General.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>This subsection may not be construed to require that a health maintenance organization include certified nurse practitioners on the health maintenance organization’s provider panel as primary care providers.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>The health maintenance organization shall make available and encourage appropriate history and baseline examinations for each member within a reasonable time of enrollment set by it.</text>
    </level>
    <level label="2">
      <text>Medical problems that are a potential hazard to the person’s health shall be identified and a course of action to alleviate these problems outlined.</text>
    </level>
    <level label="3">
      <text>Progress notes indicating success or failure of the course of action shall be recorded.</text>
    </level>
    <level label="4">
      <text>The health maintenance organization shall:</text>
      <level label="i">
        <text>Offer or arrange for preventive services that include health education and counseling, early disease detection, immunization, and hearing loss screening of newborns provided by a hospital before discharge;</text>
      </level>
      <level label="ii">
        <text>Develop or arrange for periodic health education on subjects which impact on the health status of a member population; and</text>
      </level>
      <level label="iii">
        <text>Notify every member in writing of the availability of these and other preventive services.</text>
      </level>
    </level>
    <level label="5">
      <text>The health maintenance organization shall offer services to prevent a disease if:</text>
      <level label="i">
        <text>The disease produces death or disability and exists in the member population;</text>
      </level>
      <level label="ii">
        <text>The etiology of the disease is known or the disease can be detected at an early stage; and</text>
      </level>
      <level label="iii">
        <text>Any elimination of factors leading to the disease or immunization has been proven to prevent its occurrence, or early disease detection followed by behavior modification, environmental modification, or medical intervention has been proven to prevent death or disability.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>To implement these standards of quality of care, a health maintenance organization shall have a written plan that is updated and reviewed at least every 3 years.</text>
    </level>
    <level label="2">
      <text>The plan shall include the following information:</text>
      <level label="i">
        <text>Statistics on age, sex, and other general demographic data used to determine the health care needs of its population;</text>
      </level>
      <level label="ii">
        <text>Identification of the major health problems in the member population;</text>
      </level>
      <level label="iii">
        <text>Identification of any special groups of members that have unique health problems, such as the poor, the elderly, the mentally ill, and educationally disadvantaged; and</text>
      </level>
      <level label="iv">
        <text>A description of community health resources and how they will be used.</text>
      </level>
    </level>
    <level label="3">
      <text>The health maintenance organization shall state its priorities and objectives in writing, describing how the priorities and objectives relating to the health problems and needs of the member population will be provided for.</text>
    </level>
    <level label="4">
      <level label="i">
        <text>The health maintenance organization shall provide at the time membership is solicited a general description of the benefits and services available to its members, including benefit limitations and exclusions, location of facilities or providers, and procedures to obtain medical services.</text>
      </level>
      <level label="ii">
        <text>The health maintenance organization shall place the following statement, in bold print, on every enrollment card or application: “If you have any questions concerning the benefits and services that are provided by or excluded under this agreement, please contact a membership services representative before signing this application or card”.</text>
      </level>
    </level>
    <level label="5">
      <text>The plan shall contain evidence that:</text>
      <level label="i">
        <text>The programs and services offered are based on the health problems of and the community health services available to its member population;</text>
      </level>
      <level label="ii">
        <text>There is an active program for preventing illness, disability, and hospitalization among its members; and</text>
      </level>
      <level label="iii">
        <text>The services designed to prevent the major health problems identified among child and adult members and to improve their general health are provided by the health maintenance organization.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>The health maintenance organization shall have an internal peer review system that will evaluate the utilizational services and the quality of health care provided to its members.</text>
    </level>
    <level label="2">
      <text>The review system shall:</text>
      <level label="i">
        <text>Provide for review by appropriate health professionals of the process followed in the provision of health services;</text>
      </level>
      <level label="ii">
        <text>Use systematic data collection of performances and patient results;</text>
      </level>
      <level label="iii">
        <text>Provide interpretation of this data to the practitioners;</text>
      </level>
      <level label="iv">
        <text>Review and update continuing education programs for health professionals providing services to its members;</text>
      </level>
      <level label="v">
        <text>Identify needed change and proposed modifications to implement the change; and</text>
      </level>
      <level label="vi">
        <text>Maintain written records of the internal peer review process.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>Except as provided in paragraph (5) of this subsection, the Department shall conduct an annual external review of the quality of the health services of the health maintenance organization in a manner that the Department considers to be appropriate.</text>
    </level>
    <level label="2">
      <text>The external review shall be conducted by:</text>
      <level label="i">
        <text>A panel of physicians and other health professionals that consists of persons who:</text>
        <level label="1">
          <text>Have been approved by the Department;</text>
        </level>
        <level label="2">
          <text>Have substantial experience in the delivery of health care in a health maintenance organization setting, but who are not members of the health maintenance organization staff or performing professional services for the health maintenance organization; and</text>
        </level>
        <level label="3">
          <text>Reside outside the area serviced by the health maintenance organization; or</text>
        </level>
      </level>
      <level label="ii">
        <text>The Department.</text>
      </level>
    </level>
    <level label="3">
      <text>The final decision on the type of external review that is to be employed rests solely with the Secretary.</text>
    </level>
    <level label="4">
      <text>The external review shall consist of a review and evaluation of:</text>
      <level label="i">
        <text>An internal peer review system and reports;</text>
      </level>
      <level label="ii">
        <text>The program plan of the health maintenance organization to determine if it is adequate and being followed;</text>
      </level>
      <level label="iii">
        <text>The professional standards and practices of the health maintenance organization in every area of services provided;</text>
      </level>
      <level label="iv">
        <text>The grievances relating specifically to the delivery of medical care, including their final disposition;</text>
      </level>
      <level label="v">
        <text>The physical facilities and equipment; and</text>
      </level>
      <level label="vi">
        <text>A statistically representative sample of member records.</text>
      </level>
    </level>
    <level label="5">
      <text>A health maintenance organization accredited by an accreditation organization approved by the Secretary in accordance with § 19–2302 of this title shall be exempt from the external review.</text>
    </level>
  </level>
</section>
