.08 Confidential Information in Access Plans.

A. Subject to §15-802 of the Insurance Article, Annotated Code of Maryland, the following information that is included in a carrier’s access plan shall be considered confidential by the Commissioner:

(1) Methodology used to annually assess the carrier’s performance in meeting the standards established under this chapter;

(2) Methodology used to annually measure timely access to health care services; and

(3) Factors used by the carrier to build its network.

B. A carrier submitting an access plan or a network adequacy waiver request may submit a written request to the Commissioner that specific information included in the plan or request not be disclosed under the Public Information Act and shall:

(1) Identify the particular information that the carrier requests not be disclosed; and

(2) Cite the statutory authority that permits denial of access to the information.

C. The Commissioner may review a request made under §B of this regulation upon receipt of a request for access pursuant to the Public Information Act.

D. The Commissioner may notify the carrier that made a request under §B of this regulation before granting access to information that was the subject of the request.