A. In order to enforce the provisions of the Health Care Freedom of Choice Act, the Insurance Commissioner may conduct an examination of insurers’ and preferred provider organizations’ claims files pursuant to the procedure set forth in Section 1250.4 of this title.
B. The Commissioner, upon finding an insurer in violation of any provision of the Health Care Freedom of Choice Act, may issue a cease and desist order to the insurer directing the insurer to stop such unlawful practices. If the insurer refuses or fails to comply with the order, the Commissioner shall have the authority to revoke or suspend the insurer’s certificate of authority. The Commissioner shall use the authority specified in this subsection to the extent deemed necessary to obtain the insurer’s compliance with the order. The Attorney General shall offer assistance if requested by the Commissioner to enforce the Commissioner’s orders.
C. Reasonable attorney fees shall be awarded to the Commissioner if judicial action is necessary for the enforcement of the orders. Such fees shall be based upon those prevailing in the community. Fees collected by the Commissioner without the assistance of the Attorney General shall be credited to the Insurance Commissioner’s Revolving Fund. Fees collected by the Attorney General shall be credited to the Attorney General’s Revolving Fund.
Added by Laws 1999, c. 331, § 6, eff. Nov. 1, 1999. Amended by Laws 2000, c. 353, § 43, eff. Nov. 1, 2000.
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