Sec. 38a-587. (Formerly Sec. 38-174ss). Suspension or revocation of certificate of authority. Hearing. Appeal.
Sec. 38a-587. (Formerly Sec. 38-174ss). Suspension or revocation of certificate
of authority. Hearing. Appeal. (a) The commissioner may suspend or revoke any
certificate of authority issued to a dental plan organization pursuant to sections 38a-577
to 38a-590, inclusive, if he finds that any of the following conditions exist: (1) The
dental plan organization is operating in a manner significantly contrary to that described
in section 38a-578; (2) the dental plan organization issues an evidence of coverage
which does not comply with the requirements of section 38a-582; (3) the dental plan
organization does not provide or arrange for an effective dental plan as determined by
the commissioner; (4) the dental plan organization can no longer be expected to meet
its obligations to enrollees; (5) the dental plan organization, or any authorized person
on its behalf, has advertised or merchandised its services in an untrue or misleading
manner as described in section 38a-586; or (6) the dental plan organization has failed to
comply with sections 38a-577 to 38a-590, inclusive, or any regulations adopted pursuant
thereto.
(b) When the commissioner has cause to believe that grounds for the suspension or
revocation of a certificate of authority exist, he shall notify the dental plan organization
in writing, specifically stating the grounds for suspension or revocation. A hearing on
the matter shall be granted by the commissioner within twenty days after such notification. After the hearing, or upon failure of the dental plan organization to appear at the
hearing, the commissioner shall take action on his findings.
(c) If the commissioner suspends the certificate of authority, the dental plan organization shall not accept any additional enrollees or engage in any advertising or solicitation during the period of the suspension.
(d) If the commissioner revokes the certificate of authority, the dental plan organization shall proceed to dissolve its structure immediately following the effective date of
the order of revocation, and shall conduct no further business except as may be essential
to the orderly conclusion of the affairs of the dental plan organization. The commissioner
by written order may permit such further operation of the dental plan organization as
he finds to be in the best interest of enrollees to the end that enrollees shall be afforded
the greatest practical opportunity to obtain continuing dental plan coverage.
(e) The commissioner may issue an order directing a dental plan organization or a
representative of a dental plan organization to cease and desist from engaging in any
act or practice in violation of the provisions of sections 38a-577 to 38a-590, inclusive.
Within twenty days after service of the order of cease and desist, the respondent may
request a hearing on the question of whether acts or practices in violation of said sections
have occurred. The hearing shall be provided within twenty days of such request.
(f) Any dental plan organization which has had its certificate of authority suspended
or revoked, or has otherwise been aggrieved by the action of the commissioner pursuant
to this section, may appeal therefrom in accordance with the provisions of section 4-183.
(P.A. 88-272, S. 11.)
History: Sec. 38-174ss transferred to Sec. 38a-587 in 1991.