Conn. Agencies Regs. § 38a-193-6 - Mandatory control level event
(a) As used in
Sections
38a-193-1 to
38a-193-13,
inclusive, of the Regulations of Connecticut State Agencies, "Mandatory Control
Level Event" means any of the following events:
(1) The filing of a RBC report which
indicates that the health care center's total adjusted capital is less than its
Mandatory Control Level RBC;
(2)
notification by the commissioner to the health care center of an adjusted RBC
report that indicates the event in subdivision (1) of this subsection, provided
the health care center does not challenge the adjusted RBC report under section
38a-193-7 of the
Regulations of Connecticut State Agencies; or
(3) if, pursuant to section
38a-193-7 of the
Regulations of Connecticut State Agencies, the health care center challenges an
adjusted RBC report that indicates the event in subdivision (1) of this
subsection, notification by the commissioner to the health care center that the
commissioner has, after a hearing, rejected the health care center's
challenge.
(b) In the
event of a Mandatory Control Level Event, the commissioner shall take such
actions as are necessary to place the health care center under regulatory
control under Chapter 704c of the Connecticut General Statutes. In that event,
the Mandatory Control Level Event shall be deemed sufficient grounds for the
commissioner to take action under Chapter 704c of the Connecticut General
Statutes, and the commissioner shall have the rights, powers and duties with
respect to the health care center as are set forth in Chapter 704c of the
Connecticut General Statutes. In the event the commissioner takes actions
pursuant to an adjusted RBC report, the health care center shall be entitled to
the protections of Chapter 704c of the Connecticut General Statutes pertaining
to summary proceedings. Notwithstanding any of the foregoing, the commissioner
may forego action for up to ninety (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 ninety-day
period.
Notes
Section republished to correct title number typo, "38b-193-6" to "38a-193-6". (December 1, 2017)
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