§ 44-8315 — Violations of act; cease and desist order; hearing; appeal; director; additional powers

(1) The director may issue an order directing a discount medical plan organization to cease and desist from engaging in any action or practice in violation of the Discount Medical Plan Organization Act. Within ten days after service of the cease and desist order, the organization may request a hearing on the question of whether an action or practice in violation of the act has occurred. Such hearing shall be conducted as provided by the Administrative Procedure Act. The organization may appeal the decision of the director. Such appeal shall be in accordance with the Administrative Procedure Act.
(2)(a) In addition to the penalties and other enforcement provisions of the Discount Medical Plan Organization Act, the director may seek both temporary and permanent injunctive relief when:
(i) A discount medical plan is being operated by a person or entity that is not registered pursuant to the act; or
(ii) Any person, entity, or discount medical plan organization has engaged in any activity prohibited by the act or any rules or regulations adopted and promulgated pursuant to the act.
(b) The district court of Lancaster County shall have exclusive jurisdiction over any proceeding brought pursuant to this section.
(3) The director's authority to seek relief under this section is not conditioned upon having conducted any proceeding pursuant to the provisions of the Administrative Procedure Act.

Legislative History

Source: Laws 2008, LB855, § 47. Cross References: Administrative Procedure Act, see section 84-920.