Okla. Stat. tit. 36, § 36-6944
This is the official text of Okla. Stat. tit. 36, § 36-6944, part of Oklahoma’s Stat. tit. 36, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 36,." Browse the sections below, each linked to its official government source.
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Challenge of determination or action by Insurance
Official statutory text
Commissioner - Required events - Hearing.
Upon the occurrence of any of the events specified in this
section, the health maintenance organization shall have the right to
a confidential departmental hearing, on the record, at which time
the health maintenance organization may challenge any determination
or action by the Insurance Commissioner. The health maintenance
organization shall notify the Commissioner of its request for a
hearing within five (5) days after the notification by the
Commissioner pursuant to the provisions of paragraph 1, 2, 3 or 4 of
this section. Upon receipt of the health maintenance organization’s
request for a hearing, the Commissioner shall set a date for the
hearing, which shall be not less than ten (10), nor more than thirty
(30) days after the date of the health maintenance organization’s
request. The events include:
1. Notification to a health maintenance organization by the
Commissioner of an adjusted Risk-Based Capital (RBC) report;
2. Notification to a health maintenance organization by the
Commissioner that:
a. the health maintenance organization’s RBC plan or
revised RBC plan is unsatisfactory, and
b. notification constitutes a Regulatory Action Level
Event with respect to the health maintenance
organization;
3. Notification to a health maintenance organization by the
Commissioner that the health maintenance organization has failed to
adhere to its RBC plan or revised RBC plan and that the failure has
a substantial adverse effect on the ability of the health
maintenance organization to eliminate the Company Action Level Event
with respect to the health maintenance organization in accordance
with its RBC plan or revised RBC plan; or
4. Notification to a health maintenance organization by the
Commissioner of a corrective order with respect to the health
maintenance organization.
Upon the occurrence of any of the events specified in this
section, the health maintenance organization shall have the right to
a confidential departmental hearing, on the record, at which time
the health maintenance organization may challenge any determination
or action by the Insurance Commissioner. The health maintenance
organization shall notify the Commissioner of its request for a
hearing within five (5) days after the notification by the
Commissioner pursuant to the provisions of paragraph 1, 2, 3 or 4 of
this section. Upon receipt of the health maintenance organization’s
request for a hearing, the Commissioner shall set a date for the
hearing, which shall be not less than ten (10), nor more than thirty
(30) days after the date of the health maintenance organization’s
request. The events include:
1. Notification to a health maintenance organization by the
Commissioner of an adjusted Risk-Based Capital (RBC) report;
2. Notification to a health maintenance organization by the
Commissioner that:
a. the health maintenance organization’s RBC plan or
revised RBC plan is unsatisfactory, and
b. notification constitutes a Regulatory Action Level
Event with respect to the health maintenance
organization;
3. Notification to a health maintenance organization by the
Commissioner that the health maintenance organization has failed to
adhere to its RBC plan or revised RBC plan and that the failure has
a substantial adverse effect on the ability of the health
maintenance organization to eliminate the Company Action Level Event
with respect to the health maintenance organization in accordance
with its RBC plan or revised RBC plan; or
4. Notification to a health maintenance organization by the
Commissioner of a corrective order with respect to the health
maintenance organization.
Status: in_force · Read it on the official government site
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