This text of Wyoming § 26-34-127 (Penalties and enforcement) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The commissioner, instead of suspension or revocation
of a certificate of authority under W.S. 26-34-121, may levy an
administrative penalty in an amount not less than one thousand
dollars ($1,000.00) nor more than ten thousand dollars
($10,000.00) if reasonable notice in writing is given of the
intent to levy the penalty and the health maintenance
organization has a reasonable time within which to remedy the
defect in its operations which gave rise to the penalty
citation. The commissioner may augment this penalty by an
amount equal to the sum that he calculates to be the damages
suffered by enrollees or other members of the public.
(b)If the commissioner or the administrator for any
reason has cause to believe that any violation of this chapter
has occurred or is threatened, the com
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(a) The commissioner, instead of suspension or revocation
of a certificate of authority under W.S. 26-34-121, may levy an
administrative penalty in an amount not less than one thousand
dollars ($1,000.00) nor more than ten thousand dollars
($10,000.00) if reasonable notice in writing is given of the
intent to levy the penalty and the health maintenance
organization has a reasonable time within which to remedy the
defect in its operations which gave rise to the penalty
citation. The commissioner may augment this penalty by an
amount equal to the sum that he calculates to be the damages
suffered by enrollees or other members of the public.
(b) If the commissioner or the administrator for any
reason has cause to believe that any violation of this chapter
has occurred or is threatened, the commissioner or administrator
may give notice to the health maintenance organization and to
the representatives, or other persons who appear to be involved
in the suspected violation, to arrange a conference with the
alleged violators or their authorized representatives for the
purpose of attempting to ascertain the facts relating to the
suspected violation, and, if it appears that any violation has
occurred or is threatened, to arrive at an adequate and
effective means of correcting or preventing the violation.
Proceedings under this subsection shall not be governed by any
formal procedural requirements, and may be conducted in a manner
the commissioner or the administrator deems appropriate under
the circumstances. However, unless consented to by the health
maintenance organization, no rule or order shall result from a
conference until the requirements of this section or W.S.
26-34-125 are satisfied.
(c) The commissioner may issue an order directing a health
maintenance organization or a representative of a health
maintenance organization to cease and desist from engaging in
any act or practice in violation of this chapter. Within fifteen
(15) days after service of the cease and desist order, the
respondent may request a hearing on the question of whether acts
or practices in violation of this chapter have occurred. The
hearing shall be conducted pursuant to the Wyoming
Administrative Procedure Act, and judicial review is available
as provided by that act.
(d) In the case of any violation of this chapter, if the
commissioner elects not to issue a cease and desist order, or in
case of noncompliance with a cease and desist order issued
pursuant to subsection (c) of this section, the commissioner may
institute a proceeding to obtain injunctive or other appropriate
relief in the district court.
(e) Notwithstanding any other provisions of this act, if a
health maintenance organization fails to comply with the net
worth requirement of this act, the commissioner is authorized to
take appropriate action to assure that the continued operation
of the health maintenance organization will not be hazardous to
its enrollees.