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WVC 33 - 26 B- 11 §33-26B-11. Powers and duties of the commissioner.

(a) The commissioner may suspend or revoke, after notice and hearing, the certificate of authority of a health maintenance organization for:

(1) Failure to pay an assessment when due; or

(2) Failure to comply with the plan of operation; or

(3) Failure either timely to comply with or timely to appeal its appointment under section eight of this article.

(b) Any action of the board of directors may be appealed to the commissioner by any health maintenance organization within thirty days of the action. The resulting action or order of the commissioner shall be subject to judicial review in a court of competent jurisdiction.

(c) The commissioner may require the association to notify the enrollees of an insolvent health maintenance organization, and any other interested parties, of the determination of insolvency and of their rights under this article. Such notification shall be by mail at their last known addresses, or by publication in a newspaper of general circulation, if sufficient information for notification by mail is not available.

(d) Powers of the commissioner established in this section are in addition to those granted or implied elsewhere in this chapter, and this section shall not be construed to diminish or eliminate those other powers.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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