Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 25.00 - Risk-based Capital (rbc) For Health Organizations
Section 25.06 - Mandatory Control Level Event

Universal Citation: 211 MA Code of Regs 211.25

Current through Register 1531, September 27, 2024

(1) Mandatory Control Level Event. Means any of the following events:

(a) The filing of an RBC Report which indicates that the Health Organization's total adjusted capital is less than its Mandatory Control Level RBC;

(b) Notification by the Commissioner to the Health Organization of an Adjusted RBC Report that indicates the event in 211 CMR 25.06(1)(a), provided the Health Organization does not challenge the Adjusted RBC Report under 211 CMR 25.07; or

(c) If, pursuant to 211 CMR 25.07, the Health Organization challenges an Adjusted RBC Report that indicates the event in 211 CMR 25.06(1)(a), notification by the Commissioner to the Health Organization that the Commissioner has, after a hearing, rejected the Health Organization's challenge.

(2) In the event of a Mandatory Control Level Event, the Commissioner shall take such actions as are necessary to place the Health Organization under regulatory control under M.G.L. c. 176A, §§ 23,33; c. 176B, §§ 13,17,21; c. 176E, §§ 13,16; c. 176F, § 13; and c. 176G, §§ 20 and 20A. In that event, the Mandatory Control Level Event shall be deemed sufficient grounds for the Commissioner to take action under M.G.L. c. 176A, §§ 23, 33; c. 176B, §§ 13,17, 21; c. 176E, §§ 13, 16; c. 176F, § 13; and c. 176G, §§ 20 and 20A, and the Commissioner shall have the rights, powers and duties with respect to the Health Organization as are set forth in M.G.L. c. 176A, §§ 23, 33; c. 176B, §§ 13, 17, 21; c. 176E, §§ 13, 16; c. 176F, § 13; and c. 176G, §§ 20 and 20A. If the Commissioner takes actions pursuant to an Adjusted RBC Report, the Health Organization shall be entitled to the protections of M.G.L. c. 176A, §§ 23, 33; c. 176B, §§ 13, 17, 21; c. 176E, §§ 13, 16; c. 176F, § 13; and c. 176G, §§ 20 and 20A, pertaining to summary proceedings. Notwithstanding any of the foregoing, the Commissioner may forego action for up to 90 days after the Mandatory Control Level Event if the Commissioner finds there is a reasonable expectation that the Mandatory Control Level Event may be eliminated within the 90 day period.

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