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Terms Used In Maryland Code, HEALTH - GENERAL 19-731

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(a) If a person violates any provision of §§ 19-705 and 19-705.1 of this subtitle, the Secretary may:

(1) Issue an administrative order that requires the health maintenance organization to:

(i) Cease inappropriate conduct or practices by it or any of the personnel employed by or associated with it and comply with the standards established by the Department; or

(ii) Provide any service required by §§ 19-705 and 19-705.1 of this subtitle that has been denied improperly;

(2) Impose a penalty of not less than $100 and not more than $125,000 for each violation; or

(3) Apply to any court for legal or equitable relief considered appropriate by the Secretary.

(b) If the Secretary issues an order or imposes any penalty under this section, the Secretary immediately shall provide written notice of the order or penalty to the Commissioner.