HARRY HUGHES, Governor

2765

disapprove or modify the form or table of rates, the Commissioner
shall give due consideration to past and prospective loss
experience within and outside this State, to underwriting
practice and judgment to the extent appropriate, to a reasonable
margin for reserve needs, to past and prospective expenses both
countrywide and those specifically applicable to this State, and
to all other relevant factors within and outside this State.

Upon the adoption of any such amendment or change, following
its approval by the Insurance Commissioner, such corporation
shall file a copy thereof with the Insurance Commissioner, duly
certified to by at least two (2) of the executive officers of
such corporation.

(B)  THE COMMISSIONER IS EMPOWERED AT ANY TIME TO REQUIRE
ANY NONPROFIT HEALTH SERVICE PLAN IN THIS STATE TO DEMONSTRATE
THAT ITS FILINGS, INCLUDING THE TERMS AND PROVISIONS OF ITS
CONTRACTS AND ITS TABLE OF RATES AND ITS METHOD FOR SETTING
RATES, ARE IN COMPLIANCE WITH SUBSECTION (A) HEREOF,
NOTWITHSTANDING THAT THE FILINGS THEN IN EFFECT HAD PREVIOUSLY
BEEN APPROVED BY THE COMMISSIONER.

(C)   IF AT ANY TIME SUBSEQUENT TO THE APPLICABLE REVIEW
PERIOD PROVIDED FOR IN SUBSECTION (A) OF THIS SECTION, THE
COMMISSIONER FINDS THAT A FILING DOES NOT MEET THE REQUIREMENTS
OF THIS SECTION, THE COMMISSIONER SHALL, AFTER A HEARING HELD
UPON NOT LESS THAN 10 DAYS' WRITTEN NOTICE TO THE FILER,
SPECIFYING THE MATTERS TO BE CONSIDERED AT THE HEARING, ISSUE AN
ORDER TO THE FILER SPECIFYING IN WHAT RESPECTS THE COMMISSIONER
FINDS THAT THE FILING FAILS TO MEET THE REQUIREMENTS OF THIS
SECTION, AND STATING WHEN, WITHIN A REASONABLE PERIOD THEREAFTER,
THE FILING SHALL BE NO LONGER EFFECTIVE. THE ORDER SHALL NOT
AFFECT ANY CONTRACT OR POLICY MADE OR ISSUED PRIOR TO THE
EXPIRATION OF THE PERIOD SET FORTH IN THE ORDER. THE ORDER SHALL
NOT DIRECTLY AFFECT ANY EXISTING CONTRACT OR POLICY BETWEEN A
NONPROFIT HEALTH SERVICE PLAN AND A PARTICIPANT, ESTABLISHED
PURSUANT TO A COLLECTIVE BARGAINING PROCEDURE.

356A.

THE COMMISSIONER MAY ADOPT REASONABLE RULES AND REGULATIONS
AS NECESSARY TO CARRY OUT ANY OF THE PROVISIONS OF THIS SUBTITLE.

360.

Whenever the Commissioner shall have reason to believe that
any corporation subject to the provisions of this subtitle is
being operated for profit or fraudulently conducted, or is not
complying with the provisions of this subtitle, OR IS KNOWINGLY
FAILING TO COMPLY WITH ANY LAWFUL RULE, REGULATION OR ORDER OF
THE COMMISSIONER, [he] THE COMMISSIONER shall be authorized to
revoke the certificate of authority theretofore granted, and may
at any time thereafter institute, or cause to be instituted, the
necessary proceedings under the provisions of subtitle 10 to
rehabilitate or liquidate a corporation subject to the provisions
of this subtitle.