Current with changes from the 2024 Legislative Session
Section 19-214.3 - Violations of Section 19-214.1 or Section 19-214.2(a)(1)(i) The Commission shall establish a process for a patient or a patient's authorized representative to file with the Commission a complaint against a hospital for an alleged violation of § 19-214.1 or § 19-214.2 of this subtitle.(ii) The process established under subparagraph (i) of this paragraph shall: 1. Include the option for a patient or a patient's authorized representative to file the complaint jointly with the Commission and the Health Education and Advocacy Unit; and2. Provide the patient or the patient's authorized representative with the following information: A. The Health Education and Advocacy Unit is available to assist the patient or the patient's authorized representative in filing and mediating a reconsideration request; andB. The address, phone number, facsimile number, e-mail address, mailing address, and website of the Health Education and Advocacy Unit.(2)(i) Subject to subparagraph (ii) of this paragraph, a complaint filed with the Commission is a public record and is subject to reasonable inspection.(ii) The Commission shall deny inspection of the complainant's name, address, or any other personal identifying information.(3) The filing of a complaint under this subsection does not prevent an individual from: (i) Exercising any right or seeking any remedy to which the individual may otherwise be entitled; or(ii) Filing a complaint with any other agency or a court.(b)(1) The remedies authorized under this section are in addition to any other statutory, legal, or equitable remedies that may be available and are not intended to be a prerequisite to, or exclusive of, any other remedy.(2) An individual or a governmental unit is not required to exhaust the administrative remedy authorized under this subtitle before filing suit.(c)(1) A waiver by any patient or other individual of any protection provided by § 19-214.1, § 19-214.2, or § 19-214.4 of this subtitle or any regulation adopted under this subtitle is null and void as being against the public policy of the State.(2) Except as prohibited by federal law, a provision in a hospital's financial assistance policy or agreement between the patient and a hospital that waives any substantive or procedural right or remedy related to conduct prohibited by § 19-214.1, § 19-214.2, or § 19-214.4 of this subtitle or any regulation adopted under this subtitle is null and void as being against the public policy of the State.(d)(1) If a hospital knowingly violates any provision of § 19-214.1 or § 19-214.2 of this subtitle or any regulation adopted under this subtitle, the Commission may impose a fine not to exceed $50,000 per violation.(2) Before imposing a fine, the Commission shall consider the appropriateness of the fine in relation to the severity of the violation.(3) A violation by a hospital or an outside collection agency of § 19-214.1 or § 19-214.2 of this subtitle or any regulation adopted under this subtitle is an unfair, abusive, and deceptive trade practice under the Maryland Consumer Protection Act.Amended by 2020 Md. Laws, Ch. 470, Sec. 1, eff. 10/1/2020.