[§432D-16]  Summary orders and supervision.  (a) Whenever the commissioner determines that the financial condition of any healthmaintenance organization is such that its continued operation might behazardous to its enrollees, creditors, or the general public, or that it hasviolated any provision of this chapter, the commissioner, after notice andhearing, may order the health maintenance organization to take such action asmay be reasonably necessary to rectify such condition or violation, including butnot limited to one or more of the following:

(1)  Reducing the total amount of present andpotential liability for benefits by reinsurance or other method acceptable tothe commissioner;

(2)  Reducing the volume of new business beingaccepted;

(3)  Reducing expenses by specified methods;

(4)  Suspending or limiting the writing of newbusiness for a period of time;

(5)  Increasing the health maintenance organization'scapital and surplus by contribution; or

(6)  Taking such other steps as the commissioner maydeem appropriate under the circumstances.

(b)  For purposes of this section, theviolation by a health maintenance organization of any law of this State towhich such health maintenance organization is subject shall be deemed aviolation of this chapter.

(c)  The commissioner is authorized, by rule,to set uniform standards and criteria for early warning that the continuedoperation of any health maintenance organization might be hazardous to itsenrollees, creditors, or the general public and to set standards for evaluatingthe financial condition of any health maintenance organization, which standardsshall be consistent with the purposes expressed in subsection (a).

(d)  The remedies and measures available to thecommissioner under this section shall be in addition to, and not in lieu of,the remedies and measures available to the commissioner under the provisions ofarticle 15 of chapter 431. [L 1995, c 179, pt of §1]