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S.C. Code Ann. § 38-33-210

Notification of grounds for denial, suspension or revocation of certificate of authority; hearings; judicial review

Known as the Health Maintenance Organization Act

The act spans §§ 38–38 (32 sections).

Enacted as 1976 Code SECTION 38-25-210 by 1987 Act No. 83, SECTION 1; recodified as SECTION 38-33-210 by 1987 Act No. 155, SECTION 24; 1993 Act No. 181, SECTION 633.

(A) When the director or his designee has cause to believe that grounds for the denial of an application for a certificate of authority exist, or that grounds for the suspension or revocation of a certificate of authority exist, he shall notify the health maintenance organization in writing specifically stating the grounds for denial, suspension, or revocation and fixing a time of at least thirty days thereafter for a hearing on the matter. However, if the ground for suspension or revocation relates solely to financial condition, the director or his designee may immediately and without hearing suspend the certificate of authority of the health maintenance organization.

(B) The provisions of Article 3, Chapter 23, Title 1, apply to administrative proceedings under this section. Whenever the director or his designee issues an order of suspension without an administrative hearing before the director or his designee based upon a health maintenance organization's financial condition, as authorized under subsection (A), the health maintenance organization has a right to judicial review before the Administrative Law Court in accordance with law.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.