reglab/housing_qa huggingface dataset:
KS Stat § 40-2d06 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2d - Health Organization Risk-based Capital Requirements|40-2d06 Submission of RBC plan.

40-2d06. Submission of RBC plan. In the event of a company action level event, the health organization shall prepare and submit to the commissioner an RBC plan which shall:(a) Identify the conditions in the health organization's operation which contribute to the company action level event;(b) contain proposals of corrective actions which the health organization intends to take that would be expected to result in the elimination of the company action level event;(c) provide projections of the health organization's financial results in the current year and at least the two succeeding years, both in the absence of the proposed corrective actions and giving effect to the proposed corrective actions, including projections of statutory balance sheets, operating income, net income, capital and surplus, and RBC levels. The projections for both new and renewal business may include separate projections for each major line of business and separately identify each significant income, expense and benefit component;(d) identify the key assumptions impacting the health organization's projections and the sensitivity of the projections to the assumptions; and(e) identify the quality of, and problems associated with, the health organization's business, including, but not limited to, its assets, anticipated business growth and associated surplus strain, extraordinary exposure to risk, mix of business and use of reinsurance in each case, if any.History: L. 2000, ch. 147, § 7; July 1.
KS Stat § 40-2d07 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2d - Health Organization Risk-based Capital Requirements|40-2d07 Risk-based capital plan; submission.

40-2d07. Risk-based capital plan; submission. The RBC plan shall be submitted:(a) Within 45 days of the company action level event; or(b) within 45 days after notification to the health organization that the commissioner has rejected the health organization's challenge to an adjusted RBC report pursuant to K.S.A. 40-2d19, and amendments thereto.History: L. 2000, ch. 147, § 8; July 1.
KS Stat § 40-2d08 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2d - Health Organization Risk-based Capital Requirements|40-2d08 Same; notification by commissioner.

40-2d08. Same; notification by commissioner. Within 60 days after the submission by a health organization of an RBC plan to the commissioner, the commissioner shall notify the health organization whether the RBC plan shall be implemented or is, in the judgment of the commissioner, unsatisfactory. If the commissioner determines the RBC plan is unsatisfactory, the notification to the health organization shall state the reasons for the determination, and may state proposed revisions which, in the judgments of the commissioner, will render the RBC plan satisfactory. Upon notification from the commissioner, the health organization shall prepare a revised RBC plan and shall submit the revised RBC plan to the commissioner:(a) Within 45 days after the notification from the commissioner; or(b) within 45 days after a notification to the health organization that the commissioner has, pursuant to K.S.A. 40-2d19, and amendments thereto, rejected the health organization's challenge to the commissioner's original findings as authorized by this section.History: L. 2000, ch. 147, § 9; July 1.
KS Stat § 40-2d09 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2d - Health Organization Risk-based Capital Requirements|40-2d09 Same; notification of a regulatory action event.

40-2d09. Same; notification of a regulatory action event. In the event of a notification by the commissioner to a health organization that the health organization's RBC plan or revised RBC plan is unsatisfactory, the commissioner, subject to the health organization's right to a hearing under K.S.A. 40-2d19, and amendments thereto, may specify in the notification that the notification constitutes a regulatory action level event.History: L. 2000, ch. 147, § 10; July 1.
KS Stat § 40-2d10 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2d - Health Organization Risk-based Capital Requirements|40-2d10 Domestic health organization to file RBC plan in any state authorized to do business.

40-2d10. Domestic health organization to file RBC plan in any state authorized to do business. Every domestic health organization that files an RBC plan or revised RBC plan with the commissioner shall file a copy of the RBC plan or revised RBC plan with the insurance commissioner in any state in which the health organization is authorized to do business if:(a) Such state has an RBC provision substantially similar to K.S.A. 40-2d20, and amendments thereto; and(b) the insurance commissioner of that state has notified the health organization of such insurance commissioner's request for the filing in writing, in which case the health organization shall file a copy of the RBC plan or revised RBC plan in that state no later than the later of:(1) 15 days after the receipt of notice to file a copy of its RBC plan or revised RBC plan with the state; or(2) the date on which the final RBC plan or revised RBC plan is filed under K.S.A. 40-2d07 or 40-2d08, and amendments thereto.History: L. 2000, ch. 147, § 11; July 1.
KS Stat § 40-2d11 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2d - Health Organization Risk-based Capital Requirements|40-2d11 Regulatory action level event.

40-2d11. Regulatory action level event. "Regulatory action level event" means, with respect to any health organization, any of the following events:(a) The filing of an RBC report by the health organization which indicates that the health organization's total adjusted capital is greater than or equal to its authorized control level RBC but less than its regulatory action level RBC;(b) the notification by the commissioner to the health organization of an adjusted RBC report that indicates the event described in subsection (a) if:(1) The health organization does not challenge the adjusted RBC report pursuant to K.S.A. 40-2d19, and amendments thereto; or(2) the commissioner has rejected such challenge after a hearing; and(c) the failure of the health organization to file an RBC report by the filing date, unless the health organization has provided an explanation for such failure which is satisfactory to the commissioner and has cured the failure within 10 days after the filing date;(d) the failure of the health organization to submit an RBC plan to the commissioner within the time period set forth in K.S.A. 40-2d07, and amendments thereto;(e) notification by the commissioner to the health organization that:(1) The RBC plan or revised RBC plan submitted by the health organization is, in the judgment of the commissioner, unsatisfactory; and(2) (A) the health organization has not challenged the determination pursuant to K.S.A. 40-2d19, and amendments thereto; or(B) the commissioner has rejected such challenge.(f) Notification by the commissioner to the health organization that the health organization has failed to adhere to its RBC plan or revised RBC plan, but only if such failure has a substantial adverse effect on the ability of the health organization to eliminate the company action level event in accordance with its RBC plan or revised RBC plan and the commissioner has so stated in the notification, if:(1) The health organization has not challenged such determination pursuant to K.S.A. 40-2d19, and amendments thereto; or(2) the commissioner has rejected such challenge after a hearing.History: L. 2000, ch. 147, § 12; July 1.
KS Stat § 40-2d12 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2d - Health Organization Risk-based Capital Requirements|40-2d12 Same; commissioner's duties in regulatory action level event.

40-2d12. Same; commissioner's duties in regulatory action level event. In the event of a regulatory action level event, the commissioner shall:(a) Require the health organization to prepare and submit an RBC plan or, if applicable, a revised RBC plan;(b) perform such examination or analysis as the commissioner deems necessary of the assets, liabilities and operations of the health organization including a review of its RBC plan or revised RBC plan; and(c) subsequent to the examination or analysis, issue a corrective order specifying such actions as the commissioner determines are required.History: L. 2000, ch. 147, § 13; July 1.
KS Stat § 40-2d13 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2d - Health Organization Risk-based Capital Requirements|40-2d13 Corrective actions; submission of RBC plans, when.

40-2d13. Corrective actions; submission of RBC plans, when. In determining corrective actions, the commissioner may take into account such factors as are deemed relevant with respect to the health organization based upon the commissioner's examination or analysis of the assets, liabilities and operations of the health organization, including, but not limited to, the results of any sensitivity tests undertaken pursuant to the RBC instructions. The RBC plan or revised RBC plan shall be submitted:(a) Within 45 days after the occurrence of the regulatory action level event;(b) within 45 days after the notification to the health organization that the commissioner has rejected the health organization's challenge to an adjusted RBC report pursuant to K.S.A. 40-2d19, and amendments thereto; or(c) within 45 days after notification to the health organization that the commissioner has rejected the health organization's challenge to a revised RBC plan pursuant to K.S.A. 40-2d19, and amendments thereto.History: L. 2000, ch. 147, § 14; July 1.
KS Stat § 40-2d14 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2d - Health Organization Risk-based Capital Requirements|40-2d14 Review of RBC plans; expenses.

40-2d14. Review of RBC plans; expenses. The commissioner may retain actuaries and investment experts and other consultants as may be necessary in the judgment of the commissioner to review the health organization's RBC plan or revised RBC plan, examine or analyze the assets, liabilities and operations of the health organization and formulate the corrective order with respect to the health organization. The reasonable fees, costs and expenses relating to consultants shall be borne by the affected health organization or other party as directed by the commissioner.History: L. 2000, ch. 147, § 15; July 1.
KS Stat § 40-2d15 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2d - Health Organization Risk-based Capital Requirements|40-2d15 Authorized control level event; defined.

40-2d15. Authorized control level event; defined. "Authorized control level event" means any of the following events:(a) The filing of an RBC report by the health organization which indicates that the health organization's total adjusted capital is greater than or equal to its mandatory control level RBC but less than its authorized control level RBC;(b) the notification by the commissioner to the health organization of an adjusted RBC report that indicates the event described in subsection (a) if:(1) The health organization does not challenge the adjusted RBC report pursuant to K.S.A. 40-2d19, and amendments thereto; or(2) the commissioner has rejected such challenge after a hearing;(c) the failure of the health organization to respond, in a manner satisfactory to the commissioner, to a corrective order if the health organization has not challenged the corrective order under K.S.A. 40-2d19, and amendments thereto; or(d) if the commissioner has rejected the challenge to the corrective order or modified the corrective order pursuant to K.S.A. 40-2d19, and amendments thereto, the failure of the health organization to respond, in a manner satisfactory to the commissioner, to the corrective order subsequent to rejection or modification by the commissioner.History: L. 2000, ch. 147, § 16; July 1.
KS Stat § 40-2d16 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2d - Health Organization Risk-based Capital Requirements|40-2d16 Same; commissioner's duties in authorized control level event.

40-2d16. Same; commissioner's duties in authorized control level event. In the event of an authorized control level event with respect to a health organization, the commissioner:(a) Shall take such actions as are required under K.S.A. 40-2d11 through 40-2d14, and amendments thereto, regarding a health organization with respect to which a regulatory action level event has occurred; or(b) if the commissioner deems it to be in the best interests of the policyholders and creditors of the health organization and of the public, shall take such actions as are necessary to cause the health organization to be placed under regulatory control pursuant to K.S.A. 40-3605 et seq., and amendments thereto. In the event the commissioner takes such actions, the authorized control level event shall be deemed sufficient grounds for the commissioner to take action under K.S.A. 40-3605 et seq., and amendments thereto, and the commissioner shall have the rights, powers and duties with respect to the health organization as are set forth in K.S.A. 40-3605 et seq., and amendments thereto. In the event the commissioner takes actions under this subsection pursuant to an adjusted RBC report, the health organization shall be entitled to such protections as are afforded to health organizations under the provisions of K.S.A. 77-501 et seq., and amendments thereto, pertaining to summary proceedings.History: L. 2000, ch. 147, § 17; July 1.
KS Stat § 40-2d17 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2d - Health Organization Risk-based Capital Requirements|40-2d17 Mandatory control event; defined.

40-2d17. Mandatory control event; defined. "Mandatory control event" means any of the following events:(a) The filing of an RBC report by the health organization which indicates that the health organization's total adjusted capital is less than its mandatory control level RBC;(b) the notification by the commissioner to the health organization of an adjusted RBC report that indicates the event described in subsection (a) if:(1) The health organization does not challenge the adjusted RBC report pursuant to K.S.A. 40-2d19, and amendments thereto; or(2) the commissioner has rejected such challenge.History: L. 2000, ch. 147, § 18; July 1.
KS Stat § 40-2d18 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2d - Health Organization Risk-based Capital Requirements|40-2d18 Same; commissioner's actions.

40-2d18. Same; commissioner's actions. In the event of a mandatory control level event the commissioner shall take actions as are necessary to cause the health organization to be placed under regulatory control under K.S.A. 40-3605 et seq., and amendments thereto. In that event, the mandatory control level event shall be deemed sufficient grounds for the commissioner to take action under K.S.A. 40-3605 et seq., and amendments thereto, and the commissioner shall have the rights, powers and duties with respect to the health organization as are set forth in K.S.A. 40-3605 et seq., and amendments thereto. In the event the commissioner takes actions pursuant to an adjusted RBC report, the health organization shall be entitled to such protections as are afforded to health organizations under the provisions of K.S.A. 77-501 et seq., and amendments thereto, 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 there is a reasonable expectation that the mandatory control level event may be eliminated within the 90-day period.History: L. 2000, ch. 147, § 19; July 1.
KS Stat § 40-2d19 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2d - Health Organization Risk-based Capital Requirements|40-2d19 Hearing under Kansas administrative procedure act.

40-2d19. Hearing under Kansas administrative procedure act. (a) Upon notification to a health organization by the commissioner of an adjusted RBC report; or(b) upon notification to an health organization by the commissioner that:(1) The health organization's RBC plan or revised RBC plan is unsatisfactory; and(2) such notification constitutes a regulatory action level event with respect to such health organization; or(c) upon notification to any health organization by the commissioner that the health organization has failed to adhere to its RBC plan or revised RBC plan and that such failure has a substantial adverse effect on the ability of the health organization to eliminate the company action level event with respect to the health organization in accordance with its RBC plan or revised RBC plan; or(d) upon notification to an health organization by the commissioner of a corrective order with respect to the health organization, the health organization shall have the right to a hearing under the Kansas administrative procedure act, at which the health organization may challenge any determination or action by the commissioner. The health organization shall notify the commissioner of its request for a hearing within five days after the notification by the commissioner under subsections (a), (b), (c) or (d). Upon receipt of the health organization's request for a hearing, the commissioner shall set a date for the hearing, which date shall be no less than 10 nor more than 30 days after receipt of the health organization's request. Such hearing shall be governed by K.S.A. 77-513 through 77-532, and amendments thereto.History: L. 2000, ch. 147, § 20; July 1.
KS Stat § 40-2d20 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2d - Health Organization Risk-based Capital Requirements|40-2d20 RBC reports, plans and corrective orders are confidential; not to be used for rate making.

40-2d20. RBC reports, plans and corrective orders are confidential; not to be used for rate making. (a) All RBC reports, RBC plans and any corrective orders, including the working papers and the results of any analysis of a health organization performed under this act shall be kept confidential by the commissioner. This information shall not be made public or subject to subpoena, other than by the commissioner and then only for the purpose of enforcement actions taken by the commissioner pursuant to this act or any other provision of the insurance laws of this state.(b) RBC instructions, RBC reports, adjusted RBC reports, RBC plans and revised RBC plans are intended solely for use by the commissioner in monitoring the solvency of health organizations and the need for possible corrective action with respect to health organizations and shall not be used by the commissioner for ratemaking nor considered or introduced as evidence in any rate proceeding nor used by the commissioner to calculate or derive any elements of an appropriate premium level or rate of return for any line of insurance which an health organization or any affiliate is authorized to write.(c) (1) The commissioner may share or exchange any documents, materials or other information, including confidential and privileged documents referred to in subsection (a), received in the performance of the commissioner's duties under this act, with:(A) The NAIC;(B) other state, federal or international regulatory agencies; and(C) other state, federal or international law enforcement authorities.(2) (A) The sharing or exchanging of documents, materials or other information under this subsection shall be conditioned upon the recipient's authority and agreement to maintain the confidential and privileged status, if any, of the documents, materials or other information being shared or exchanged.(B) No waiver of an existing privilege or claim of confidentiality in the documents, materials or information shall occur as a result of disclosure to the commissioner under this section or as a result of sharing as authorized by paragraph (1) of subsection (c).(3) The commissioner of insurance is hereby authorized to adopt such rules and regulations establishing protocols governing the exchange of information as may be necessary to implement and carry out the provisions of this act.History: L. 2000, ch. 147, § 21; July 1.
KS Stat § 40-2d21 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2d - Health Organization Risk-based Capital Requirements|40-2d21 Comparison of health organization's total adjusted capital to RBC levels, prohibited generally.

40-2d21. Comparison of health organization's total adjusted capital to RBC levels, prohibited generally. The comparison of a health organization's total adjusted capital to any of its RBC levels is a regulatory tool, and shall not be used to rank health organizations generally. Therefore, except as otherwise required under the provisions of this act, the making, publishing, disseminating, circulating or placing before the public, or causing, directly or indirectly to be made, published, disseminated, circulated or placed before the public, in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio or television station, or in any other way, an advertisement, announcement or statement containing an assertion, representation or statement with regard to the RBC levels of any health organization, or of any component derived in the calculation, by any health organization, agent, broker or other person engaged in any manner in the insurance business is prohibited. Notwithstanding the foregoing, if any materially false statement with respect to the comparison regarding a health organization's total adjusted capital to any of its RBC levels or an inappropriate comparison of any other amount to the health organization's RBC levels is published in any written publication and the health organization is able to demonstrate to the commissioner with substantial proof the falsity or misrepresentative nature of such statement, the health organization may publish a rebuttal if the sole purpose of such publication is to rebut the materially false or improper statement.History: L. 2000, ch. 147, § 22; July 1.
KS Stat § 40-2d22 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2d - Health Organization Risk-based Capital Requirements|40-2d22 Provisions of act supplemental to other provisions of law.

40-2d22. Provisions of act supplemental to other provisions of law. The provisions of this act are supplemental to any other provisions of the laws of this state, and shall not preclude nor limit any other powers or duties of the commissioner under such laws, including but not limited to K.S.A. 40-3605 et seq., and amendments thereto.History: L. 2000, ch. 147, § 23; July 1.
KS Stat § 40-2d23 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2d - Health Organization Risk-based Capital Requirements|40-2d23 Foreign health organization; RBC report.

40-2d23. Foreign health organization; RBC report. Any foreign health organization, upon the written request of the commissioner, shall submit to the commissioner an RBC report as of the end of the calendar year just ended the later of:(a) The date an RBC report would be required to be filed by a domestic health organization under this act; or(b) Fifteen days after the request is received by the foreign health organization.Any foreign health organization, at the written request of the commissioner, shall submit promptly to the commissioner a copy of any RBC plan that is filed with the insurance commissioner of any other state.History: L. 2000, ch. 147, § 24; July 1.