40-2d16. Same; commissioner's duties in authorized control level event. In the event of an authorized control level event with respect to a health organization, the commissioner:
(a) Shall take such actions as are required under K.S.A. 40-2d11 through 40-2d14, and amendments thereto, regarding a health organization with respect to which a regulatory action level event has occurred; or
(b) if the commissioner deems it to be in the best interests of the policyholders and creditors of the health organization and of the public, shall take such actions as are necessary to cause the health organization to be placed under regulatory control pursuant to K.S.A. 40-3605 et seq., and amendments thereto. In the event the commissioner takes such actions, the authorized control level event shall be deemed sufficient grounds for the commissioner to take action under K.S.A. 40-3605 et seq., and amendments thereto, and the commissioner shall have the rights, powers and duties with respect to the health organization as are set forth in K.S.A. 40-3605 et seq., and amendments thereto. In the event the commissioner takes actions under this subsection pursuant to an adjusted RBC report, the health organization shall be entitled to such protections as are afforded to health organizations under the provisions of K.S.A. 77-501 et seq., and amendments thereto, pertaining to summary proceedings.
History: L. 2000, ch. 147, ยง 17; July 1.
Structure Kansas Statutes
Article 2d - Health Organization Risk-based Capital Requirements
40-2d01 Risk-based capital requirements; definitions.
40-2d02 Risk-based capital report.
40-2d03 Determination of risk-based capital.
40-2d04 Risk-based capital report; adjustment.
40-2d05 Company action level event; defined.
40-2d06 Submission of RBC plan.
40-2d07 Risk-based capital plan; submission.
40-2d08 Same; notification by commissioner.
40-2d09 Same; notification of a regulatory action event.
40-2d10 Domestic health organization to file RBC plan in any state authorized to do business.
40-2d11 Regulatory action level event.
40-2d12 Same; commissioner's duties in regulatory action level event.
40-2d13 Corrective actions; submission of RBC plans, when.
40-2d14 Review of RBC plans; expenses.
40-2d15 Authorized control level event; defined.
40-2d16 Same; commissioner's duties in authorized control level event.
40-2d17 Mandatory control event; defined.
40-2d18 Same; commissioner's actions.
40-2d19 Hearing under Kansas administrative procedure act.
40-2d20 RBC reports, plans and corrective orders are confidential; not to be used for rate making.
40-2d22 Provisions of act supplemental to other provisions of law.
40-2d23 Foreign health organization; RBC report.
40-2d24 Commissioner may require foreign health insurer to file RBC plan, when.
40-2d25 Mandatory control level event; foreign health organization; liquidation of property.
40-2d26 Notices by commissioner; effective, when.
40-2d28 Regulatory action provisions; phase in.
40-2d29 Rules and regulations.
40-2d30 Health organization risk-based capital act; citation.