(1)__Subject to continuous maximum price regulation under the provisions of any state or federal law;

(2)__As to which the State's authority is preempted; or

(3)__Furnished or provided by:

(a)__Insurers; or

(b)__Nonprofit hospitals, medical service organizations or health maintenance organizations authorized to transact business within the State pursuant to Title 24 and Title 24-A.

D.__"Unconscionable price" means a price that is actionable under this section.__There is a rebuttable presumption that a price is unconscionable when it exceeds by more than 15% the sum of:

(1)__The price at which similar goods or services were offered for sale or sold by that person immediately prior to the beginning date of the abnormal market disruption.__If that person did not offer such goods or services immediately prior to the abnormal market disruption, then the price is the price at which similar goods or services were offered for sale or sold by another person similarly situated prior to the abnormal market disruption; and

(2)__The increased cost calculated according to the method used by that person prior to the abnormal market disruption.

2.__Declaration.__ Whenever it appears upon due inquiry and consultation with the Attorney General that an abnormal market disruption exists or that there is a substantial likelihood that an abnormal market disruption is imminent, the Governor may, in the Governor's sole discretion and after considering whether the declaration of an abnormal market disruption itself will disrupt