(1) The commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to part 1 of this article 16 and this part 4 if the commissioner finds that any of the following conditions exist:
The health maintenance organization is operating significantly in contravention of itsbasic organizational document, its health care plan, or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to section 10-16-401, unless amendments to such submissions have been filed with and approved by the commissioner;
The health maintenance organization issues evidence of coverage or uses a scheduleof charges for health care services which do not comply with the requirements of section 10-16406;
The health care plan does not provide or arrange for basic health care services;(d) The commissioner determines that:
The health maintenance organization does not meet the requirements of section 1016-402 (1)(b); or
The health maintenance organization is unable to fulfill its obligations to furnishhealth care services as required under its health care plan;
The health maintenance organization is no longer financially responsible and mayreasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;
The health maintenance organization has failed to implement a mechanism affordingthe enrollees an opportunity to participate in matters of policy and operation pursuant to section 10-16-404;
The health maintenance organization has failed to implement the complaint systemrequired by section 10-16-409 in a manner to reasonably resolve valid complaints;
The health maintenance organization, or any person on its behalf, has advertised ormerchandised its services in an untrue, misrepresentative, misleading, deceptive, or unfair manner;
The continued operation of the health maintenance organization would be hazardousto its enrollees;
The health maintenance organization has otherwise failed to substantially comply with part 1 of this article or this part 4.
A certificate of authority shall be suspended or revoked only after compliance withthe requirements of section 10-16-419.
When the certificate of authority of a health maintenance organization is suspended,the health maintenance organization shall not, during the period of such suspension, enroll any additional enrollees except newborn children or other newly acquired dependents of existing enrollees, and shall not engage in any advertising or solicitation whatsoever.
When the certificate of authority of a health maintenance organization is revoked,such organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs, and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of such organization. It shall engage in no further advertising or solicitation whatsoever. The commissioner may, by written order, permit such 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 health care coverage.
Source: L. 92: Entire article R&RE, p. 1708, § 1, effective July 1. L. 2017: IP(1) and
(1)(d) amended, (SB 17-249), ch. 283, p. 1546, § 10, effective June 1.
Editor's note: This section is similar to former § 10-17-119 as it existed prior to 1992.