A private review agent may not:
(1) violate any provision of this subtitle or any rule or regulation adopted under this subtitle;
(2) fail to meet the requirements for certification under this subtitle;
(3) obtain or attempt to obtain certification based on inaccurate information;
(4) fraudulently or deceptively obtain or use a certificate;
(5) fail to make available the services of sufficient numbers of registered nurses, medical records technicians, or similarly qualified persons supported and supervised by appropriate physicians to carry out its utilization review activities;
(6) fail to meet any applicable regulations the Commissioner adopts under this subtitle relating to the qualifications of private review agents or the performance of utilization review;
(7) fail to protect the confidentiality of medical records in accordance with applicable State and federal laws;
(8) use criteria and standards to conduct utilization review unless the criteria and standards used by the private review agent are:
(i) objective;
(ii) clinically valid;
(iii) compatible with established principles of health care; or
(iv) flexible enough to allow deviations from norms when justified on a case-by-case basis; or
(9) act as a private review agent without holding a certificate issued under this subtitle.
Structure Maryland Statutes
Subtitle 10B - Private Review Agents
Section 15-10B-01 - Definitions
Section 15-10B-02 - Purpose of Subtitle
Section 15-10B-04 - Certificates -- Application; Fees
Section 15-10B-05 - Certificates -- Additional Information
Section 15-10B-06 - Determinations by Private Review Agent
Section 15-10B-07 - Adverse Decisions by Private Review Agent
Section 15-10B-08 - Requirements of Internal Grievance Process
Section 15-10B-09 - Requirements of Internal Grievance Process -- Maternity and Newborn Care
Section 15-10B-09.1 - Requirements of Grievance Decision
Section 15-10B-10 - Certificates -- Expiration; Renewal
Section 15-10B-11 - Private Review Agent -- Prohibitions
Section 15-10B-12 - Private Review Agent -- Penalties
Section 15-10B-13 - Right to Hearing and Appeal From Action of Commissioner
Section 15-10B-14 - Waiver of Requirements for Review of Certain Patients
Section 15-10B-15 - List of Private Review Agents
Section 15-10B-16 - Reporting Requirements
Section 15-10B-17 - Patient Referrals by Private Review Agents
Section 15-10B-18 - Withdrawal and Submission of Certificate
Section 15-10B-19 - Examination by Commissioner
Section 15-10B-20 - Examination by Commissioner -- Pharmacy Benefit Manager