§ 15-1902. Contract between carrier and a clinically integrated organization

   (a) Provision to pay. -- Notwithstanding any other provision of this article or the Health - General Article, a contract between a carrier and a clinically integrated organization may include a provision to pay:

   (1) for services associated with the coordination of covered medical services to qualifying individuals; and

   (2) a bonus, fee-based incentive, bundled fees, or other incentives to promote the efficient, medically appropriate delivery of covered medical services to qualifying individuals.

(b) Regulations regarding payments and incentives. -- The Commissioner, in consultation with the Maryland Health Care Commission, may adopt regulations specifying the types of payments and incentives permissible under this section.

(c) Filing; confidentiality. --

   (1) A carrier shall file a copy of a contract between the carrier and a clinically integrated organization with the Commissioner.

   (2) If the contract includes a provision to pay a bonus or other incentive that does not comply with § 15-113 of this title, the Commissioner shall provide a copy of the contract to the executive director of the Maryland Health Care Commission.

   (3) Notwithstanding any other provision of law, a copy of a contract filed with the Commissioner or provided by the Commissioner to the executive director of the Maryland Health Care Commission under this subsection, is:

      (i) confidential and privileged;

      (ii) not subject to:

         1. Title 10, Subtitle 6 of the State Government Article;

         2. subpoena; or

         3. discovery; and

      (iii) not admissible in evidence in any private action.

HISTORY: 2010, chs. 598, 599.