§ 26.1-18.1-21 — Summary orders and supervision

North Dakota § 26.1-18.1-21

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-18.1: Health Maintenance Organizations

Text

1. Whenever the commissioner determines that the financial condition of any health
maintenance organization is such that its continued operation might be hazardous to
its enrollees, creditors, or the general public, or that it has violated any provision of this
chapter, the commissioner may, after notice and hearing, order the health maintenance
organization to take action as may be reasonably necessary to rectify the condition or
violation, including one or more of the following:
a. Reduce the total amount of present and potential liability for benefits by
reinsurance or other method acceptable to the commissioner.
b. Reduce the volume of new business being accepted.
c. Reduce expenses by specified methods.
d. Suspend or limit the writing of new business for a period of time.
e. Increase the health maintenance organization's capital and surplus by
contribution.
f. Take other steps as the commissioner may deem appropriate under the
circumstances.
2. For purposes of this section, the violation by a health maintenance organization of any
law of this state to which the health maintenance organization is subject must be
deemed a violation of this chapter.
3. The commissioner may set uniform standards and criteria by rule for early warning that
the continued operation of any health maintenance organization might be hazardous to
its enrollees, creditors, or the general public and to set standards for evaluating the
financial condition of any health maintenance organization, which standards must be
consistent with the purposes expressed in subsection 1.
4. The remedies and measures available to the commissioner under this section are in
addition to, and not in lieu of, the remedies and measures available to the
commissioner under the provisions of section 26.1-06.1-09.