40-2d19. Hearing under Kansas administrative procedure act. (a) Upon notification to a health organization by the commissioner of an adjusted RBC report; or
(b) upon notification to an health organization by the commissioner that:
(1) The health organization's RBC plan or revised RBC plan is unsatisfactory; and
(2) such notification constitutes a regulatory action level event with respect to such health organization; or
(c) upon notification to any health organization by the commissioner that the health organization has failed to adhere to its RBC plan or revised RBC plan and that such failure has a substantial adverse effect on the ability of the health organization to eliminate the company action level event with respect to the health organization in accordance with its RBC plan or revised RBC plan; or
(d) upon notification to an health organization by the commissioner of a corrective order with respect to the health organization, the health organization shall have the right to a hearing under the Kansas administrative procedure act, at which the health organization may challenge any determination or action by the commissioner. The health organization shall notify the commissioner of its request for a hearing within five days after the notification by the commissioner under subsections (a), (b), (c) or (d). Upon receipt of the health organization's request for a hearing, the commissioner shall set a date for the hearing, which date shall be no less than 10 nor more than 30 days after receipt of the health organization's request. Such hearing shall be governed by K.S.A. 77-513 through 77-532, and amendments thereto.
History: L. 2000, ch. 147, ยง 20; 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.