Rhode Island General Laws 27-4.7-8. Hearings
Upon the occurrence of any of the following events the health organization has the right to a confidential department hearing, on the 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 (5) days after the notification by the commissioner under subdivisions (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 (10) days nor more than thirty (30) 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 RBC report;
(2) Notification to a health organization by the commissioner that:
(i) The health organization’s RBC plan or revised RBC plan is unsatisfactory; and
(ii) 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 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
(4) Notification to a health organization by the commissioner of a corrective order with respect to the health organization.
History of Section.
P.L. 2000, ch. 178, § 1; P.L. 2000, ch. 200, § 11; P.L. 2000, ch. 229, § 11.
Terms Used In Rhode Island General Laws 27-4.7-8
- Corrective order: means an order issued by the commissioner specifying corrective actions which the commissioner has determined are required;
(3) "Commissioner" means the director of the department of business regulation;
(4) "Domestic health organization" means a health organization domiciled in this state;
(5) "Foreign health organization" means a health organization that is licensed or authorized to do business in this state pursuant to this title but is not domiciled in this state;
(6) "NAIC" means the National Association of Insurance Commissioners;
(7) "Health organization" means a health maintenance organization, limited health service organization, dental or vision plan, hospital, medical, and dental indemnity or service corporation or other managed care organization or any other entity providing a plan of health insurance, health benefits, or health services subject to this title. See Rhode Island General Laws 27-4.7-2
- RBC: means risk-based capital;
(9) "RBC instructions" means the RBC report, including risk-based capital instructions adopted by the NAIC, as these RBC instructions may be amended by the NAIC in accordance with the procedures adopted by the NAIC;
(10) "RBC level" means a health organization's company action level RBC, regulatory action level RBC, authorized control level RBC, or mandatory control level RBC where:
(i) "Company action level RBC" means, with respect to any health organization, the product of two (2. See Rhode Island General Laws 27-4.7-2
- RBC plan: means a comprehensive financial plan containing the elements specified in § 27-4. See Rhode Island General Laws 27-4.7-2