N.J. Admin. Code § 11:22-4.11 - Suspension or revocation
(a) The
Commissioner may suspend or revoke the license issued to an organized delivery
system upon a finding that:
1. The licensed
organized delivery system is operating in contravention of its basic
organizational documents;
2. The
licensed organized delivery system is unable to fulfill its obligations to the
carriers with whom it contracts;
3.
The net worth of the licensed organized delivery system is less than that
required by this subchapter, or the licensed organized delivery system has
failed to correct any deficiency in its net worth as required by the
Commissioner;
4. The continued
operation of the licensed organized delivery system would be hazardous to the
health and welfare of the enrollees or contract holders with whom it has
contracted to provide health care services or detrimental to a carrier with
whom it has contracted to provide the services;
5. The licensed organized delivery system has
failed to file any report required by
N.J.S.A.
17:48H-1 et seq. or this
subchapter;
6. The licensed
organized delivery system has failed to provide the health care services for
which it has been licensed or has provided health care services which are in
contravention of the contract or contracts filed with the
Commissioner;
7. The licensed
organized delivery system is unable to maintain the standards set forth in this
subchapter;
8. The licensed
organized delivery system has failed to comply with the provisions of
N.J.S.A.
26:2S-1 et seq.;
9. The licensed organized delivery system has
otherwise failed to comply with
N.J.S.A.
17:48H-1 et seq., or with other applicable
law, including this subchapter; or
10. There are other reasonable grounds that
warrant suspension or revocation.
(b) If the Commissioner has cause to believe
that grounds exist for the suspension or revocation of a license, the
Commissioner shall notify the licensed organized delivery system, in writing,
specifically stating the grounds for suspension or revocation and fixing a time
for a hearing in accordance with the Administrative Procedure Act,
N.J.S.A.
52:14B-1 et seq. and
52:14F-1 et seq., and the Uniform
Administrative Procedure Rules, N.J.A.C. 1:1. If a license is revoked, the
licensed organized delivery system shall submit a plan to the Commissioner
within 15 days of the revocation, for the winding up of its affairs, and shall
conduct no further business except as may be essential to the orderly
conclusion of its business. The Commissioner may, by written order, permit such
further operation of the system as the Commissioner finds to be in the best
interest of individuals receiving health care services from the
system.
(c) The Commissioner shall
notify all carriers with contracts with the system that are on file with the
Department of the proceedings.
Notes
See: 40 N.J.R. 1604(a), 40 N.J.R. 4221(a).
Former N.J.A.C. 11:22-4.11, Plan for insolvency, recodified to N.J.A.C. 11:22-4.12.
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