Sec. 42.1. (a) If a mandatory control level event occurs with respect to a health maintenance organization or a limited service health maintenance organization, the commissioner shall take the action necessary to place the health maintenance organization or limited service health maintenance organization under regulatory control under IC 27-13.
(b) A mandatory control level event is sufficient grounds for the commissioner to take action against a health maintenance organization or a limited service health maintenance organization under IC 27-13 and the commissioner has the rights, powers, and duties with respect to the health maintenance organization or limited service health maintenance organization that are set forth in IC 27-13.
(c) If the commissioner takes action against a health maintenance organization or a limited service health maintenance organization under an adjusted RBC report, the health maintenance organization or limited service health maintenance organization is entitled to the protections under IC 27-9-2 pertaining to summary proceedings.
(d) The commissioner may forego action under subsections (a) through (c) for not more than ninety (90) days after the mandatory control level event if the commissioner finds that there is a reasonable expectation that the mandatory control level event may be eliminated within the ninety (90) day period.
As added by P.L.51-2002, SEC.9.
Structure Indiana Code
Article 1. Department of Insurance
Chapter 36. Risk Based Capital Requirements
27-1-36-1. Exemption From Applicability of Chapter
27-1-36-2. "Adjusted Rbc Report"
27-1-36-3. "Authorized Control Level Event"
27-1-36-4. "Authorized Control Level Rbc"
27-1-36-5. "Company Action Level Event"
27-1-36-6. "Company Action Level Rbc"
27-1-36-9.2. "Fraternal Benefit Society"
27-1-36-9.4. "Health Maintenance Organization"
27-1-36-9.8. "Limited Service Health Maintenance Organization"
27-1-36-11. "Mandatory Control Level Event"
27-1-36-12. "Mandatory Control Level Rbc"
27-1-36-15. "Property and Casualty Insurer"
27-1-36-21. "Regulatory Action Level Event"
27-1-36-22. "Regulatory Action Level Rbc"
27-1-36-23. "Revised Rbc Plan"
27-1-36-24. "Total Adjusted Capital"
27-1-36-25. Rbc Report; Requirements; Filing
27-1-36-26. Life Insurer's and Fraternal Benefit Society's Rbc; Formula
27-1-36-26.1. Health Insurer's Rbc; Formula
27-1-36-27. Property and Casualty Insurer's Rbc; Formula
27-1-36-28. Inaccuracy of Rbc Report Filed by Domestic Insurer
27-1-36-29. "Company Action Level Event"
27-1-36-30. Preparation and Submission of Rbc Plan After Company Action Level Event
27-1-36-31. Timing for Submission of Rbc Plan After Company Action Level Event
27-1-36-32. Rbc Plan; Notice by Commissioner; Revised Rbc Plan
27-1-36-33. Notification by Commissioner as Regulatory Action Level Event
27-1-36-34. Filing Rbc Plan With Commissioner of State Other Than Indiana
27-1-36-35. "Regulatory Action Level Event"
27-1-36-36. Action by Commissioner After Regulatory Action Level Event
27-1-36-38. Consultants to Commissioner
27-1-36-39. "Authorized Control Level Event"
27-1-36-40. Action by Commissioner After Authorized Control Level Event
27-1-36-41. "Mandatory Control Level Event"
27-1-36-44. Confidential Department Hearing
27-1-36-45. Confidential Information
27-1-36-46. Comparison of Insurer's Total Adjusted Capital to Rbc Levels
27-1-36-47. Use of Documents Referred to in Chapter
27-1-36-48. Chapter Supplements Other Indiana Law
27-1-36-49. Submission of Rbc Report by Foreign Insurer
27-1-36-50. Filing of Rbc Plan by Foreign Insurer
27-1-36-51. Liquidation of Property of Foreign Insurer
27-1-36-53. Immunity From Liability