§432D-13  Examinations.  (a)  Thecommissioner may examine the affairs of any health maintenance organization orof any providers with whom such organization has contracts, agreements, orother arrangements as often as is reasonably necessary for the protection ofthe interests of the people of this State but shall make such examination notfewer than once every three years.

(b)  Every health maintenance organization andprovider shall submit its books and records for examination and in every wayfacilitate the completion of the examination.  In the event a healthmaintenance organization or the provider fails to comply with the directions ofthe commissioner, the commissioner may examine the affiliates of the healthmaintenance organization or provider to obtain the information.  For thepurpose of examinations, the commissioner may administer oaths to, and examinethe officers and agents of, the health maintenance organization and theprincipals of providers concerning their business.

(c)  The cost of examinations under thissection shall be assessed against the health maintenance organization beingexamined and remitted to the commissioner for deposit into the complianceresolution fund.

(d)  In lieu of such examination, thecommissioner may accept the report of an examination made by the commissioneror director of the department of health of another state. [L 1995, c 179, pt of§1; am L 2004, c 122, §91]