Nebraska Statutes 44-6020. Hearings
Upon any of the following notifications, the insurer or health organization shall have the right to a hearing pursuant to the Administrative Procedure Act at which the insurer or health organization may challenge any determination or action by the director:
Terms Used In Nebraska Statutes 44-6020
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Adjusted risk-based capital report: means a risk-based capital report which has been adjusted by the director in accordance with subsection (6) of section 44-6015. See Nebraska Statutes 44-6003
- Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
- Corrective order: means an order issued by the director specifying corrective actions which the director has determined are required. See Nebraska Statutes 44-6004
- Director: means the Director of Insurance. See Nebraska Statutes 44-6005
- Health organization: means a health maintenance organization, prepaid limited health service organization, prepaid dental service corporation, or other managed care organization. See Nebraska Statutes 44-6007.02
- Insurer: means an insurer as defined in section 44-103 authorized to transact the business of insurance, except that insurer does not include health organizations, unincorporated mutual associations, assessment associations, health maintenance organizations, prepaid dental service corporations, prepaid limited health service organizations, monoline mortgage guaranty insurers, monoline financial guaranty insurers, title insurers, prepaid legal corporations, intergovernmental risk management pools, and any other kind of insurer to which the application of the Insurers and Health Organizations Risk-Based Capital Act, in the determination of the director, would be clearly inappropriate. See Nebraska Statutes 44-6008
- Risk-based capital plan: means a comprehensive financial plan containing the elements specified in subsection (2) of section 44-6016. See Nebraska Statutes 44-6012
(1) Notification to an insurer or a health organization by the director of an adjusted risk-based capital report;
(2) Notification to an insurer or a health organization by the director that:
(a) The insurer’s or health organization’s risk-based capital plan or revised risk-based capital plan is unsatisfactory; and
(b) Such notification constitutes a regulatory action level event with respect to such insurer or health organization;
(3) Notification to an insurer or a health organization by the director that the insurer or health organization has failed to adhere to its risk-based capital plan or revised risk-based capital plan and that such failure has a substantial adverse effect on the ability of the insurer or health organization to eliminate the company action level event with respect to the insurer or health organization in accordance with its risk-based capital plan or revised risk-based capital plan; or
(4) Notification to an insurer or a health organization by the director of a corrective order with respect to the insurer or health organization.
The insurer or health organization shall notify the director of its request for a hearing within five days after the notification by the director. Upon receipt of the insurer’s or health organization’s request for a hearing, the director shall set a date for the hearing, which date shall be no less than ten nor more than thirty days after the date of the insurer’s or health organization’s request.