Ohio § 1753.37 Right to confidential hearing - request for hearing - challenge to determination or action

Ohio Statutes

§ 1753.37 — Right to confidential hearing - request for hearing - challenge to determination or action

Ohio § 1753.37

Title 17Corporations-Partnerships

Ch. 1753Physician-health Plan Partnership Act; Risk-based Capital For Insurers Model Act

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Bluebook

Ohio Rev. Code Ann. § 1753.37 (2026).

Text

(A)A health insuring corporation has the right to a confidential hearing upon receiving any of the following from the superintendent of insurance:

(1)An adjusted RBC report;

(2)Notification that the health insuring corporation's RBC plan or revised RBC plan is unsatisfactory and a statement that the notification constitutes a regulatory action level event for the health insuring corporation;

(3)Notification that the superintendent has determined that the health insuring corporation has failed to adhere to its RBC plan or revised RBC plan, which failure has a substantial adverse effect on the ability of the health insuring corporation to eliminate the conditions leading to a company action level event in accordance with its RBC plan or revised RBC plan;

(4)A corrective order issued

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(A) A health insuring corporation has the right to a confidential hearing upon receiving any of the following from the superintendent of insurance:

(1) An adjusted RBC report;

(2) Notification that the health insuring corporation's RBC plan or revised RBC plan is unsatisfactory and a statement that the notification constitutes a regulatory action level event for the health insuring corporation;

(3) Notification that the superintendent has determined that the health insuring corporation has failed to adhere to its RBC plan or revised RBC plan, which failure has a substantial adverse effect on the ability of the health insuring corporation to eliminate the conditions leading to a company action level event in accordance with its RBC plan or revised RBC plan;

(4) A corrective order issued under division (B)(3) of section1753.34of the Revised Code.

(B) A health insuring corporation shall notify the superintendent of its request for a hearing within five days after its receipt of any item listed in division (A) of this section. Upon the superintendent's receipt of the health insuring corporation's request for a hearing, the superintendent shall set a date for the hearing, which date shall be no less than ten days and no more than thirty days after the superintendent's receipt of the health insuring corporation's request.

(C) A health insuring corporation may challenge any determination or action taken by the superintendent under sections1753.31to1753.43of the Revised Code at the hearing held pursuant to this section.