This text of Louisiana § 22:1060.17 (Enforcement provisions) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§1060.17. Enforcement provisions
A. Whenever the commissioner has reason to believe that any health insurance issuer
is not in compliance with any of the provisions of this Subpart, the commissioner shall notify
the health insurance issuer. The commissioner may, in addition to the penalties in
Subsection C of this Section, issue and cause to be served upon the health insurance issuer
an order requiring the health insurance issuer to cease and desist from any violation.
B. Any health insurance issuer who violates a cease and desist order issued by the
commissioner pursuant to this Subpart while the order is in effect shall be subject to one or
more of the following at the commissioner's discretion:
(1)A monetary penalty of not more than twenty-five thousand dollars for each act
or violatio
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§1060.17. Enforcement provisions
A. Whenever the commissioner has reason to believe that any health insurance issuer
is not in compliance with any of the provisions of this Subpart, the commissioner shall notify
the health insurance issuer. The commissioner may, in addition to the penalties in
Subsection C of this Section, issue and cause to be served upon the health insurance issuer
an order requiring the health insurance issuer to cease and desist from any violation.
B. Any health insurance issuer who violates a cease and desist order issued by the
commissioner pursuant to this Subpart while the order is in effect shall be subject to one or
more of the following at the commissioner's discretion:
(1) A monetary penalty of not more than twenty-five thousand dollars for each act
or violation and every day that the health insurance issuer is not in compliance with the cease
and desist order, not to exceed an aggregate of two hundred fifty thousand dollars for any
six-month period.
(2) Suspension or revocation of the health insurance issuer's certificate of authority
to operate in this state.
(3) Injunctive relief from the district court of the district in which the violation may
have occurred or in the Nineteenth Judicial District Court.
C. As a penalty for violating this Subpart, the commissioner may refuse to renew or
may suspend or revoke the certificate of authority of any health insurance issuer. In lieu of
suspension or revocation of a certificate of authority, the commissioner may levy a monetary
penalty of not more than one thousand dollars for each act or violation, not to exceed an
aggregate of two hundred fifty thousand dollars.
D. An aggrieved party affected by the commissioner's decision, act, or order may
demand a hearing in accordance with Chapter 12 of this Title, R.S. 22:2191 et seq., except
as otherwise provided by this Subpart. If a health insurance issuer has demanded a timely
hearing, the penalty, fine, or order by the commissioner shall not be imposed until the time
as the division of administrative law makes a finding that the penalty, fine, or order is
warranted in a hearing held in the manner provided in Chapter 12 of this Title.