(a) (1) The Commissioner shall conduct an examination of an insurer, health maintenance organization, or private review agent at: (i) the home office of a domestic insurer, foreign insurer, health maintenance organization, or private review agent; (ii) the United States branch office of an alien insurer, health maintenance organization, or private review agent; or (iii) a branch or agency office of the insurer, health maintenance organization, or private review agent. (2) The Commissioner shall conduct an examination of a person other than an insurer, health maintenance organization, or private review agent at: (i) the place of business of the person; or (ii) any place where records of the person are kept. (b) Each person that is examined and its officers, employees, agents, and representatives shall: (1) produce and make freely available to the Commissioner or an examiner the accounts, records, documents, files, information, assets, and matters that are in the possession or control of the person and relate to the subject of the examination; and (2) otherwise help the examination to the extent reasonably possible. (c) (1) At the expense of the person being examined, the Commissioner may retain an actuary, accountant, or other expert, who is not otherwise a part of the staff of the Administration, if reasonably necessary to conduct an examination under this article. (2) The actuary, accountant, or other expert may rewrite, post, or balance the accounts of the person being examined. (d) (1) If the Commissioner considers it necessary to value real estate involved in an examination, the Commissioner may request in writing that the person being examined appoint one or more competent appraisers, approved by the Commissioner, to appraise the real estate. (2) If the person does not appoint an appraiser within 10 days after the request was delivered to the person, the Commissioner may appoint an appraiser. (3) The appraisal shall be made promptly, and a copy of the appraisal report shall be provided to the Commissioner. (4) The person being examined shall pay the reasonable expense of the appraisal. §2-208. IN EFFECT (a) Subject to subsection (b) of this section, the expense incurred in an examination made under § 2-205 of this subtitle, § 2-206 of this subtitle for surplus lines brokers and insurance holding corporations, § 23-207 of this article for premium finance companies, § 15-10B-19 of this article for private review agents, § 15-10B- 20 of this article, or § 14-610 of this article for discount medical plan organizations and discount drug plan organizations shall be paid by the person examined in the following manner: (1) the person examined shall pay to the Commissioner the travel expenses, a living expense allowance, and a per diem as compensation for examiners, actuaries, and typists: (i) to the extent incurred for the examination; and (ii) at reasonable rates set by the Commissioner; (2) the Commissioner may present a detailed account of expenses incurred to the person examined periodically during the examination or at the end of the examination, as the Commissioner considers proper; and (3) a person may not pay and an examiner may not accept any compensation for an examination in addition to the compensation under item (1) of this subsection. (b) If the Commissioner conducts an examination of an administrative services organization that administers the delivery system for specialty mental health services established under § 15-103(b)(21) of the Health - General Article, the administrative services organization may not use State funds or otherwise pass onto the State the expenses described in subsection (a) of this section. §2-208. // EFFECTIVE MAY 18, 2025 PER CHAPTER 224 OF 2023 // The expense incurred in an examination made under § 2-205 of this subtitle, § 2-206 of this subtitle for surplus lines brokers and insurance holding corporations, § 23-207 of this article for premium finance companies, § 15-10B-19 of this article for private review agents, § 15-10B-20 of this article, or § 14-610 of this article for discount medical plan organizations and discount drug plan organizations shall be paid by the person examined in the following manner: (1) the person examined shall pay to the Commissioner the travel expenses, a living expense allowance, and a per diem as compensation for examiners, actuaries, and typists: (i) to the extent incurred for the examination; and (ii) at reasonable rates set by the Commissioner; (2) the Commissioner may present a detailed account of expenses incurred to the person examined periodically during the examination or at the end of the examination, as the Commissioner considers proper; and (3) a person may not pay and an examiner may not accept any compensation for an examination in addition to the compensation under item (1) of this section.
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