(a) This section applies to arrangements under a health benefit plan offered by a carrier or a self-funded group health insurance plan in which a capitated payment is:

(1) calculated as a fixed amount per member or participant assigned or attributed to the health care practitioner or set of health care practitioners;

(2) to cover the provision of a set of services defined in the health care practitioner’s or set of health care practitioners’ contract and rendered by the health care practitioner or set of health care practitioners; and

(3) paid periodically regardless of utilization of the services by the members or participants.

(b) Subject to the requirements of subsection (c) of this section, a health care practitioner or set of health care practitioners is not engaged in insurance business as described in § 4-205 of this article solely because the health care practitioner or set of health care practitioners enters into a contract with a carrier that includes capitated payments for services provided by the health care practitioner or set of health care practitioners.

(c) A health care practitioner or set of health care practitioners is not engaged in insurance business as described in § 4-205(c) of this article solely because the health care practitioner or set of health care practitioners enters into a contract with an administrator that includes capitated payments for services provided by the health care practitioner or set of health care practitioners to members of a self-funded group health plan if:

(1) the health care practitioner or set of health care practitioners participates in the administrator’s network and accepts capitated payments;

(2) the self-funded group health plan retains the obligation to provide access to covered health care benefits to participants; and

(3) the contract does not include other reimbursement arrangements that are considered acts of an insurance business under § 4-205(c) of this article.

(d) Notwithstanding subsections (b) and (c) of this section, nothing in this section may be construed to:

(1) alter any requirement for a carrier or self-funded group health plan to pay a hospital or related institution the rate approved by the Health Services Cost Review Commission for hospital services; or

(2) supersede the Health Services Cost Review Commission’s jurisdiction or authority over rate review and approval for hospital services.