(a)  In addition to the penalties and other enforcement provisions of this act, the commissioner or the department of the attorney general may seek both temporary and permanent injunctive relief when:

(1)  A discount medical plan is being operated by a person or entity that is not registered pursuant to this chapter; or

(2)  Any person, entity or discount medical plan organization has engaged in any activity prohibited by this chapter or any regulation adopted pursuant to this chapter.

Terms Used In Rhode Island General Laws 27-74-15

  • Commissioner: means the health insurance commissioner. See Rhode Island General Laws 27-74-3
  • Discount medical plan: means a business arrangement or contract in which a person, in exchange for fees, dues, charges or other consideration, offers access for its members to providers of medical or ancillary services and the right to receive discounts on medical or ancillary services provided under the discount medical plan from those providers. See Rhode Island General Laws 27-74-3
  • Discount medical plan organization: means an entity that, in exchange for fees, dues, charges or other consideration, provides access for discount medical plan members to providers of medical or ancillary services and the right to receive medical or ancillary services from those providers at a discount. See Rhode Island General Laws 27-74-3
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means an individual, a corporation, a partnership, an association, a joint venture, a joint stock company, a trust, an unincorporated organization, any similar entity or any combination of the foregoing. See Rhode Island General Laws 27-74-3

(b)  The superior court shall have jurisdiction over any proceeding brought pursuant to this section.

(c)  The authority to seek injunctive relief is not conditioned on the commissioner having conducted any proceeding pursuant to the provisions of the “Administrative Procedures act,” chapter 35 of Title 42.

History of Section.
P.L. 2010, ch. 156, § 1; P.L. 2010, ch. 158, § 1.