2020 West Virginia Code
Chapter 33. Insurance
Article 40A. Risked-Based Capital for Health Organizations
§33-40A-7. Hearings
Upon the occurrence of any of the following events the health organization has 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 subsection (a), (b), (c) or (d) 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:
(a) Notification to a health organization by the commissioner of an adjusted RBC report;
(b) Notification to a health organization by the commissioner that:
(1) The health organization’s RBC plan or revised RBC plan is unsatisfactory; and
(2) Notification constitutes a regulatory action level event with respect to the health organization;
(c) Notification to a health organization by the commissioner that the health 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 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) Notification to a health organization by the commissioner of a corrective order with respect to the health organization.
