§257. Suspension or revocation of certificate of authority
A. The commissioner may suspend or revoke any certificate of authority issued to
a health maintenance organization under this Subpart if he finds that any of the following
conditions exist:
(1)The health maintenance organization is operating significantly in contravention
of its basic organizational document or in a manner contrary to that described in any
information submitted under R.S. 22:244, unless the health maintenance organization filed
with the commissioner those modifications as required by R.S. 22:244(D).
(2)The health maintenance organization does not provide or arrange for basic health
care services.
(3)The health maintenance organization is no longer financially responsible and may
reasonably be expected to be unab
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§257. Suspension or revocation of certificate of authority
A. The commissioner may suspend or revoke any certificate of authority issued to
a health maintenance organization under this Subpart if he finds that any of the following
conditions exist:
(1) The health maintenance organization is operating significantly in contravention
of its basic organizational document or in a manner contrary to that described in any
information submitted under R.S. 22:244, unless the health maintenance organization filed
with the commissioner those modifications as required by R.S. 22:244(D).
(2) The health maintenance organization does not provide or arrange for basic health
care services.
(3) The health maintenance organization is no longer financially responsible and may
reasonably be expected to be unable to meet its obligations to enrollees or prospective
enrollees.
(4) The health maintenance organization, or any person on its behalf, has advertised
or merchandised its services in an untrue, misrepresentative, misleading, deceptive, or unfair
manner.
(5) The continued operation of the health maintenance organization would be
hazardous to its enrollees.
(6) The health maintenance organization has otherwise failed to substantially comply
with this Subpart.
(7) The health maintenance organization has failed to file or to timely file any of the
financial statements as required under this Subpart.
(8) The health maintenance organization has failed to comply with any requirements
of any provision found under this Subpart.
(9) Repealed by Acts 2021, No. 159, §2, eff. July 1, 2021.
B. A certificate of authority shall be suspended or revoked only after compliance
with the requirements of R.S. 22:259 except in cases where such delay would cause
irreparable harm or substantial monetary loss in the opinion of the commissioner. In lieu of
suspension or revocation of a license duly issued, the commissioner may levy a fine not to
exceed one thousand dollars for each violation and up to one hundred thousand dollars
aggregate for all violations in a calendar year. The commissioner of insurance is authorized
to suspend the imposition of the fines authorized under this Section.
C. When the certificate of authority of a health maintenance organization is
suspended, the health maintenance organization shall not, during the period of such
suspension, enroll any additional enrollees, except newborn children or other newly acquired
dependents of existing enrollees, and shall not engage in any advertising or solicitation
whatsoever.
D. When the certificate of authority of a health maintenance organization is revoked,
such organization shall proceed, immediately following the effective date of the order of
revocation, to wind up its affairs, and shall conduct no further business except as may be
essential to the orderly conclusion of the affairs of such organization. It shall engage in no
further advertising or solicitation whatsoever. The commissioner may, by written order,
permit such further operation of the organization as he may find to be in the best interest of
enrollees, to the end that enrollees will be afforded the greatest practical opportunity to
obtain continuing health care coverage without further liability to the enrollee.
E. Where a certificate of authority is revoked or in the liquidation or windup of the
affairs of a health maintenance organization, the commissioner shall have the right to
enforce, for the benefit of the enrollees, contract performance by any provider or other third
party who had contracted with the health maintenance organization.
F. The commissioner is specifically empowered to take over and liquidate the affairs
of any health maintenance organization experiencing financial difficulty at such time as he
deems it necessary by applying to the Nineteenth Judicial District Court for permission to
take over and fix the conditions thereof. The Nineteenth Judicial District Court shall have
exclusive jurisdiction over any suit arising from such takeover and liquidation. The
commissioner shall be authorized to issue appropriate regulations to implement an orderly
procedure to wind up the affairs of any financially troubled health maintenance organization.
G. The commissioner may proceed by summary proceeding and shall not be required
to give bond or security.
NOTE: Former R.S. 22:247 redesignated as R.S. 22:147 by Acts 2008, No.
415, §1, eff. Jan. 1, 2009.