Sec. 20. (a) The commissioner may suspend or revoke the certificate of authority issued to a limited service health maintenance organization under this chapter or deny an application submitted under this chapter upon determining that any of the following conditions exist:

(1) The limited service health maintenance organization is operating:

(A) significantly in contravention of the basic organizational document of the organization; or

(B) in a manner contrary to that described in and reasonably inferred from any other information submitted under section 8 of this chapter;

unless amendments to the organization's submissions have been filed and authorized under section 11 of this chapter.

(2) The limited service health maintenance organization issues an evidence of coverage that does not comply with the requirements of section 13 of this chapter.

(3) The limited service health maintenance organization is unable to fulfill its obligations to furnish limited health services.

(4) The limited service health maintenance organization is not financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees.

(5) The net worth of the limited service health maintenance organization is less than that required by section 16 of this chapter, or the limited service health maintenance organization has failed to correct any deficiency in its net worth as required by the commissioner.

(6) The limited service health maintenance organization has failed to implement in a reasonable manner the grievance system required by IC 27-13-10.

(7) The continued operation of the limited service health maintenance organization would be hazardous to the enrollees of the organization.

(8) The limited service health maintenance organization has otherwise failed to comply with this chapter.

(b) The commissioner may suspend or revoke a certificate of authority or deny an application for a certificate of authority by written order sent to the limited service health maintenance organization by certified mail or registered mail. The written order shall state the grounds for the suspension, revocation, or denial. A limited service health maintenance organization may request in writing a hearing within thirty (30) days after mailing of the order. If the limited service health maintenance organization requests a hearing within the time specified, the commissioner shall hold a hearing, which may not be less than twenty (20) days or more than sixty (60) days after the date of the notice for a hearing on the matter under IC 4-21.5.

(c) Immediately after the certificate of authority of a limited service health maintenance organization is revoked, the organization shall proceed to wind up its affairs. An organization whose certificate is revoked:

(1) shall not conduct further business except as may be essential to the orderly conclusion of the affairs of the organization; and

(2) shall not engage in further advertising or solicitation.

However, the commissioner may, by written order, permit the further operation of the organization as the commissioner may find to be in the best interest of enrollees, to the end that enrollees will be afforded the greatest practical opportunity to obtain continuing limited health services.

As added by P.L.26-1994, SEC.25.