2006 Louisiana Laws - RS 22:2036.8 — Hearings

§2036.8.  Hearings

Upon the occurrence of any of the following events, the health organization shall have the right to a confidential departmental hearing, on a record, 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 Paragraph (1), (2), (3), or (4) of this Section.  Upon receipt of the health organization's request for a hearing, the commissioner shall set a date for the hearing, which shall be no less than ten nor more than thirty days after the date of the health organization's request. The events include:

(1)  Notification to a health organization by the commissioner of an adjusted risk-based capital report.

(2)  Notification to a health organization by the commissioner that both of the following apply:

(a)  The health organization's risk-based capital plan or revised risk-based capital plan is unsatisfactory.

(b)  Notification constitutes a regulatory action level event with respect to the health organization.

(3)  Notification to a health organization by the commissioner that the health organization has failed to adhere to its risk-based capital plan or revised risk-based capital plan and that the 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 risk-based capital plan or revised risk-based capital plan.

(4)  Notification to a health organization by the commissioner of a corrective order with respect to the health organization.

Acts 2003, No. 1106, §1, eff. Dec. 31, 2003.