Current through 2024 Legislative Session Act Chapter 531
Section 5825 - Mandatory control level event(a) "Mandatory Control Level Event" means any of the following events:(1) The filing of an RBC report which indicates that the health organization's total adjusted capital is less than its Mandatory Control Level RBC;(2) Notification by the Commissioner to the health organization of an adjusted RBC report that indicates the event in Paragraph (1), provided the health organization does not challenge the adjusted RBC report under §5826; or(3) If, pursuant to § 5826, the health organization challenges an adjusted RBC report that indicates the event in Paragraph (1), notification by the Commissioner to the health organization that the Commissioner has, after a hearing, rejected the health organization's challenge.(b) In the event of a Mandatory Control Level Event, the Commissioner shall take such actions as are necessary to place the health organization under regulatory control under Chapter 59 of this Title. In that event, the Mandatory Control Level Event shall be deemed sufficient grounds for the Commissioner to take action Chapter 59 of this Title, and the Commissioner shall have the rights, powers and duties with respect to the health organization as are set forth in Chapter 59 of this Title. If the Commissioner takes actions pursuant to an adjusted RBC report, the health organization shall be entitled to the protections of Chapter 59 of this Title pertaining to summary proceedings. Notwithstanding any of the foregoing, the Commissioner may forego action for up to ninety (90) days after the Mandatory Control Level Event if the Commissioner finds there is a reasonable expectation that the Mandatory Control Level Event may be eliminated within the ninety-day period.Added by Laws 2013, ch. 425,s 3, eff. 9/2/2014.