Iowa Code 521F.8 – Confidential hearings
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Terms Used In Iowa Code 521F.8
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
521F.8 Confidential hearings.
1. A health organization receiving a notification pursuant to subsection 2 is entitled to a confidential hearing before the insurance division, at which the health organization may challenge a determination or action by the commissioner. Upon receipt of the health organization’s request for a hearing, the commissioner shall set a date for the hearing, which shall be not less than ten and not more than thirty days after the date of the health organization’s request.
2. A health organization shall notify the commissioner of the health organization’s request for a confidential hearing within five days after the occurrence of any of the following:
a. Notification to a health organization by the commissioner of an adjusted risk-based
capital report.
b. Notification to a health organization by the commissioner of both of the following:
(1) That the health organization’s risk-based capital plan or revised risk-based capital plan is unsatisfactory.
(2) That the notification pursuant to this paragraph constitutes a regulatory-action-level event with respect to the health organization.
c. Notification to a health organization by the commissioner that the health organization
has failed to adhere to its risk-based capital plan or revised risk-based capital plan and that the failure has a substantial adverse effect on the ability of the health organization to eliminate the company-action-level event in accordance with its risk-based capital plan or revised risk-based capital plan.
d. Notification to a health organization by the commissioner of a corrective order with
respect to the health organization.
2000 Acts, ch 1050, §8; 2000 Acts, ch 1232, §81
Referred to in §521F.4, 521F.5, 521F.6, 521F.7
1. A health organization receiving a notification pursuant to subsection 2 is entitled to a confidential hearing before the insurance division, at which the health organization may challenge a determination or action by the commissioner. Upon receipt of the health organization’s request for a hearing, the commissioner shall set a date for the hearing, which shall be not less than ten and not more than thirty days after the date of the health organization’s request.
2. A health organization shall notify the commissioner of the health organization’s request for a confidential hearing within five days after the occurrence of any of the following:
a. Notification to a health organization by the commissioner of an adjusted risk-based
capital report.
b. Notification to a health organization by the commissioner of both of the following:
(1) That the health organization’s risk-based capital plan or revised risk-based capital plan is unsatisfactory.
(2) That the notification pursuant to this paragraph constitutes a regulatory-action-level event with respect to the health organization.
c. Notification to a health organization by the commissioner that the health organization
has failed to adhere to its risk-based capital plan or revised risk-based capital plan and that the failure has a substantial adverse effect on the ability of the health organization to eliminate the company-action-level event in accordance with its risk-based capital plan or revised risk-based capital plan.
d. Notification to a health organization by the commissioner of a corrective order with
respect to the health organization.
2000 Acts, ch 1050, §8; 2000 Acts, ch 1232, §81
Referred to in §521F.4, 521F.5, 521F.6, 521F.7