40-2d28. Regulatory action provisions; phase in.

40-2d28

Chapter 40.--INSURANCE
Article 2d.--HEALTH ORGANIZATION RISK-BASED CAPITAL REQUIREMENTS

      40-2d28.   Regulatory action provisions; phasein.(a) Any regulatory action based upon any RBC report requiredto be filed by a health organization for such health organization's operationsduring calendar years 2000 and 2001 shall be subject to the following:

      (1)   In the event of a company action level event with respect to any healthorganization, the commissioner shall take no regulatory action under this actwith respect to such health organization.

      (2)   In the event of a regulatory action level event with respect to anyhealth organization under either subsection (a) or (b) of K.S.A. 40-2d11, andamendments thereto, the commissioner shall take such action with respect tosuch health organization under K.S.A. 40-2d05 through 40-2d10, inclusive, andamendmentsthereto, as the commissioner deems necessary.

      (3)   In the event of a regulatory action level event with respect to anyhealth organization under any of subsections (c), (d), (e) or (f) ofK.S.A. 40-2d11, and amendments thereto, or an authorized control level event,thecommissioner shall take such action with respect to such health organizationunder K.S.A. 40-2d11 through 40-2d14, inclusive, and amendments thereto, as thecommissioner deems necessary.

      (4)   In the event of a mandatory control level event with respect to anyhealth organization, the commissioner shall take action with respect to suchhealth organization as required under K.S.A. 40-2d15 and 40-2d16, andamendmentsthereto.

      (b)   The provisions of subsection (a) shall not limit the right of thecommissioner to proceed as authorized by any other provision of chapter 40 ofthe Kansas Statutes Annotated, and amendments thereto or any rule andregulation adopted thereunder.

      History:   L. 2000, ch. 147, § 29; July 1.