2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 2 - Health Services Cost Review Commission › Part II - Health Care Facility Rate Setting › Section 19-214.3 - Violations of 19-214.1 or 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; and
2.    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; and
B.    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.