Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 15 - RISK-BASED CAPITAL REQUIREMENTS FOR HEALTH MAINTENANCE ORGANIZATIONS (§§ 23-63-1501 — 23-63-1513) › Section 23-63-1505 - Authorized control level event

(a)
"Authorized control level event" means any of the following events:
(1)
The filing of an RBC report by the health organization that 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;
(2)
The notification by the Insurance Commissioner to the health organization of an adjusted RBC report that indicates the event in subdivision (a)(1) of this section, provided the health organization does not challenge the adjusted RBC report under §
23-63-1507
;
(3)
If under §
23-63-1507
the health organization challenges an adjusted RBC report that indicates the event in subdivision (a)(1) of this section, notification by the commissioner to the health organization that the commissioner, after a hearing, has rejected the health organization's challenge;
(4)
The failure of the health organization to respond to a corrective order in a way satisfactory to the commissioner, provided the health organization has not challenged the corrective order under §
23-63-1507
; or
(5)
If the health organization has challenged a corrective order under §
23-63-1507
and the commissioner, after a hearing, has rejected the challenge or modified the corrective order, the failure of the health organization to respond to a corrective order in a way satisfactory to the commissioner, after rejection or modification by the commissioner.
(b)
In the event of an authorized control level event with respect to a health organization, the commissioner shall:
(1)
Take the actions as are required under §
23-63-1504
regarding a health organization with respect to which a regulatory action level event has occurred; or
(2)
(A)
If the commissioner deems it to be in the best interests of the policyholders and creditors of the health organization and of the public, take such actions as are necessary to cause the health organization to be placed under regulatory control under the Uniform Insurers Liquidation Act, §§
23-68-101
,
23-68-102(2)
-(13),
23-68-104
,
23-68-105
,
23-68-113
, and
23-68-115
-
23-68-120
.
(B)
The authorized control level event is sufficient grounds for the commissioner to exercise the rights, powers, and duties with respect to the health organization under the Uniform Insurers Liquidation Act, §§
23-68-101
,
23-68-102(2)
-(13),
23-68-104
,
23-68-105
,
23-68-113
, and
23-68-115
-
23-68-120
.
(C)
If the commissioner takes actions under this subdivision (b)(2) pursuant to an adjusted RBC report, the health organization shall be entitled to the protections afforded to health organizations under the Uniform Insurers Liquidation Act, §§
23-68-101
,
23-68-102(2)
-(13),
23-68-104
,
23-68-105
,
23-68-113
, and
23-68-115
-
23-68-120
.
Acts 1999, No. 580, § 5; 2011, No. 760, § 5.