The insurance commissioner may, subject to a
hearing if one is demanded pursuant to chapters 48.04 and 34.05 RCW, revoke, suspend, or refuse to accept or renew registration
from any health care service contractor, or he or she may issue a
cease and desist order, or bring an action in any court of
competent jurisdiction to enjoin a health care service contractor
from doing further business in this state, if such health care
service contractor:
(1) Fails to comply with any provision of chapter 48.44 RCW
or any proper order or regulation of the commissioner.
(2) Is found by the commissioner to be in such financial
condition that its further transaction of business in this state
would jeopardize the payment of claims and refunds to
subscribers.
(3) Has refused to remove or discharge a director or officer
who has been convicted of any crime involving fraud, dishonesty,
or like moral turpitude, after written request by the
commissioner for such removal, and expiration of a reasonable
time therefor as specified in such request.
(4) Usually compels claimants under contracts either to
accept less than the amount due them or to bring suit against it
to secure full payment of the amount due.
(5) Is affiliated with and under the same general
management, or interlocking directorate, or ownership as another
health care contractor which operates in this state without
having registered therefor, except as is permitted by this
chapter.
(6) Refuses to be examined, or if its directors, officers,
employees or representatives refuse to submit to examination or
to produce its accounts, records, and files for examination by
the commissioner when required, or refuse to perform any legal
obligation relative to the examination.
(7) Fails to pay any final judgment rendered against it in
this state upon any contract, bond, recognizance, or undertaking
issued or guaranteed by it, within thirty days after the judgment
became final or within thirty days after time for taking an
appeal has expired, or within thirty days after dismissal of an
appeal before final determination, whichever date is the later.
(8) Is found by the commissioner, after investigation or
upon receipt of reliable information, to be managed by persons,
whether by its directors, officers, or by any other means, who
are incompetent or untrustworthy or so lacking in health care
contracting or related managerial experience as to make the
operation hazardous to the subscribing public; or that there is
good reason to believe it is affiliated directly or indirectly
through ownership, control, or other business relations, with any
person or persons whose business operations are or have been
marked, to the detriment of policyholders or stockholders, or
investors or creditors or subscribers or of the public, by bad
faith or by manipulation of assets, or of accounts, or of
reinsurance.
[2009 c 549 § 7148; 1988 c 248 § 19; 1973 1st ex.s. c 65 § 2; 1969 c 115 § 3; 1961 c 197 § 13.]