Conn. Agencies Regs. § 38a-193-6

Current through September 27, 2024

Section 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.

Conn. Agencies Regs. § 38a-193-6

Adopted effective January 31, 2000

Section republished to correct title number typo, "38b-193-6" to "38a-193-6". (December 1, 2017)