Louisiana § 22:638 Hearings

Louisiana Statutes

§ 22:638 — Hearings

Louisiana·Title 22 Insurance

Upon the occurrence of any of the following events, the health organization shall have the right to demand a hearing in accordance with Chapter 12 of this Title, R.S. 22:2191 et seq. The events include:

(1)Notification to a health organization by the commissioner of an adjusted risk-based capital report.

(2)Notification to a health organization by the commissioner that both of the following apply:

(a)The health organization's risk-based capital plan or revised risk-based capital plan is unsatisfactory.

(b)Notification constitutes a regulatory-action level event with respect to the health organization.

(3)Notification to a health organization by the commissioner that the health organization has failed to adhere to its risk-based capital plan or revised risk-based capital plan and that

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Upon the occurrence of any of the following events, the health organization shall have the right to demand a hearing in accordance with Chapter 12 of this Title, R.S. 22:2191 et seq. The events include:
(1) Notification to a health organization by the commissioner of an adjusted risk-based capital report.
(2) Notification to a health organization by the commissioner that both of the following apply:
(a) The health organization's risk-based capital plan or revised risk-based capital plan is unsatisfactory.
(b) Notification constitutes a regulatory-action level event with respect to the health organization.
(3) Notification to a health organization by the commissioner that the health organization has failed to adhere to its risk-based capital plan or revised risk-based capital plan and that the failure has a substantial adverse effect on the ability of the health organization to eliminate the company-action level event with respect to the health organization in accordance with its risk-based capital plan or revised risk-based capital plan.
(4) Notification to a health organization by the commissioner of a corrective order with respect to the health organization.
NOTE: Former R.S. 22:638 redesignated as R.S. 22:886 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

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Legislative History

Acts 2003, No. 1106, §1, eff. Dec. 31, 2003; Redesignated from R.S. 22:2036.8 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2009, No. 317, §1; Acts 2009, No. 503, §1.