NAC695C.1288. Provider-sponsored organization: Penalties and remedies for violations; cease and desist order; request for hearing; injunctive relief.

     1. The Commissioner may, in lieu of suspension or revocation of a certificate of authority of a provider-sponsored organization pursuant to NAC 695C.1284, levy an administrative penalty in an amount not more than $2,500 for each act or violation if reasonable notice in writing is given of the intent to levy the penalty.

     2. If the Commissioner for any reason has cause to believe that any violation of this chapter has occurred or is threatened, the Commissioner may give notice to the provider-sponsored organization and to the representatives, or other persons who appear to be involved in the suspected violation, to arrange a conference with the alleged violators or their authorized representatives to attempt to determine the facts relating to the suspected violation, and, if it appears that any violation has occurred or is threatened, to arrive at an adequate and effective means of correcting or preventing the violation.

     3. The proceedings conducted pursuant to the provisions of subsection 2 will not be governed by any formal procedural requirements and may be conducted in such manner as the Commissioner may deem appropriate under the circumstances.

     4. The Commissioner may issue an order directing a provider-sponsored organization or a representative of a provider-sponsored organization to cease and desist from engaging in any act or practice in violation of the provisions of this chapter.

     5. Within 30 days after service of the order to cease and desist, the respondent may request a hearing on the question of whether acts or practices in violation of this chapter have occurred. The hearing will be conducted pursuant to the provisions of chapter 233B of NRS, and judicial review will be available as provided therein.

     6. In the case of any violation of the provisions of this chapter, if the Commissioner elects not to issue a cease and desist order, or in the event of noncompliance with a cease and desist order issued pursuant to subsection 4, the Commissioner may institute a proceeding to obtain injunctive relief, or seek other appropriate relief in the district court of the judicial district of the county in which the violator resides.

     (Added to NAC by Comm’r of Insurance by R148-99, eff. 1-27-2000)