(a) The commissioner in consultation with and with the approval of the State Health Officer, where necessary, may suspend or revoke any certificate of authority issued to a health maintenance organization under this chapter if he finds that any of the following conditions exist:
(1) The health maintenance organization is operating significantly in contravention of its basic organizational document or in a manner contrary to that described in any other information submitted under Section 27-21A-2, unless amendments to such submissions have been filed with the commissioner and the State Health Officer and approved by the commissioner;
(2) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with requirements of Section 27-21A-7;
(3) The health maintenance organization does not provide or arrange for basic health care services;
(4) The State Health Officer certifies to the commissioner that:
a. The health maintenance organization does not meet the requirements of subdivision (a)(2) of Section 27-21A-3; or
b. The health maintenance organization is unable to fulfill its obligations to furnish health care services;
(5) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;
(6) The health maintenance organization has failed to implement the complaint system required by Section 27-21A-10 in a reasonable manner to facilitate the resolution of valid complaints;
(7) The health maintenance organization, or any person on its behalf, has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive, or unfair manner;
(8) The continued operation of the health maintenance organization would be hazardous to its enrollees;
(9) The health maintenance organization has otherwise failed substantially to comply with this chapter.
(b) A certificate of authority shall be suspended or revoked only after compliance with the requirements of Section 27-21A-20.
(c) When the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of such suspension, enroll any additional enrollees except newborn children or other newly acquired dependents of existing enrollees, and shall not engage in any advertising or solicitation whatsoever.
(d) When the certificate of authority of a health maintenance organization is revoked, such organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs, and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of such organization. It shall engage in no further advertising, solicitation, or enrollment whatsoever. The commissioner may, by written order, permit such further operation of the organization as he may find to be in the best interest of enrollees, to the end that enrollees will be afforded the greatest practical opportunity to obtain continuing health care coverage.
Structure Code of Alabama
Chapter 21A - Health Maintenance Organizations.
Section 27-21A-1 - Definitions.
Section 27-21A-2 - Establishment of Health Maintenance Organizations.
Section 27-21A-3 - Issuance of Certificate of Authority.
Section 27-21A-4 - Powers of Health Maintenance Organizations.
Section 27-21A-5 - Governing Body.
Section 27-21A-6 - Fiduciary Responsibilities of Directors, Officers, Employees, and Partners.
Section 27-21A-7 - Evidence of Coverage and Charges for Health Care Services.
Section 27-21A-8 - Reporting Requirements.
Section 27-21A-9 - Information to Enrollees.
Section 27-21A-10 - Complaint System.
Section 27-21A-11 - Investments.
Section 27-21A-12 - Protection Against Insolvency.
Section 27-21A-13 - Prohibited Practices.
Section 27-21A-14 - Regulation of Producers.
Section 27-21A-15 - Powers of Insurers and Health Care Service Plans.
Section 27-21A-16 - Examination.
Section 27-21A-17 - Suspension or Revocation of Certificate of Authority.
Section 27-21A-19 - Regulations.
Section 27-21A-20 - Administrative Procedures.
Section 27-21A-22 - Penalties and Enforcement.
Section 27-21A-23 - Statutory Construction and Relationship to Other Laws.
Section 27-21A-24 - Filings and Reports as Public Documents.
Section 27-21A-25 - Confidentiality of Medical Information.
Section 27-21A-26 - State Health Officer's and Commissioner's Authority to Contract.
Section 27-21A-27 - Acquisition of Control of or Merger of a Health Maintenance Organization.
Section 27-21A-29 - Existing Health Maintenance Organizations.
Section 27-21A-30 - Coordination of Benefits.
Section 27-21A-31 - Health Maintenance Organization Advisory Council.