§ 44-8306. Certificate of registration; application; fee; director; duties; renewal; application; fee; disciplinary actions; grounds; hearing; cease and desist order; penalty.

(1) Before doing business in or from this state as a discount medical plan organization, a discount medical plan organization: (a) May transact business in this state under Chapter 21; and (b) Shall obtain a certificate of registration from the director to operate as a discount medical plan organization. (2) Each application for a certificate of registration to operate as a discount medical plan organization shall: (a) Be in a form prescribed by the director and verified by an officer or authorized representative of the applicant; (b) Be accompanied by an application fee not to exceed five hundred dollars; (c) Include information on whether: (i) A previous application for a certificate of registration or licensure has been denied, revoked, suspended, or terminated for cause in any jurisdiction; and (ii) The applicant is under investigation for or the subject of any pending action or has been found in violation of a statute or regulation in any jurisdiction within the previous five years; and (d) Include information as the director may require that permits the director, after reviewing all of the information submitted pursuant to this subsection, to make a determination that the applicant: (i) Is financially responsible; (ii) Has adequate expertise or experience to operate a discount medical plan organization; and (iii) Is of good character. (3) After the receipt of an application filed pursuant to subsection (2) of this section, the director shall review the application and notify the applicant of any deficiencies in the application. (4) No more than ninety days after the date of receipt of a completed application, the director shall issue a certificate of registration if the director is satisfied that the applicant has met the requirements of subsection (2) of this section or shall deny the application and state the grounds for denial. (5) Prior to issuance of a certificate of registration by the director, each discount medical plan organization shall establish an Internet website in order to conform to the requirements of subsection (2) of section 44-8309. (6)(a) A registration is effective for one year unless before its expiration it is renewed in accordance with this subsection or suspended or revoked in accordance with subsection (7) of this section. (b) At least ninety days before a certificate of registration is set to expire, the discount medical plan organization shall submit: (i) A renewal application form; and (ii) The renewal fee. (c) The director shall renew the certificate of registration of each holder that meets the requirements of the Discount Medical Plan Organization Act and pays the renewal fee of three hundred dollars. (7)(a) The director may suspend or revoke a certificate of registration after notice and hearing held in accordance with the Administrative Procedure Act if the director finds that any of the following conditions exist: (i) The discount medical plan organization is not operating in compliance with the Discount Medical Plan Organization Act; (ii) The discount medical plan organization has advertised, merchandised, or attempted to merchandise its services in such a manner as to misrepresent its services or capacity for service or has engaged in deceptive, misleading, or unfair practices with respect to advertising or merchandising; (iii) The discount medical plan organization is not fulfilling its obligations as a discount medical plan organization; or (iv) The continued operation of the discount medical plan organization would be hazardous to its members. (b) If the director has cause to believe that grounds for the denial or nonrenewal of a certificate of registration exist, the director shall notify the discount medical plan organization in writing specifically stating the grounds for the refusal to grant or renew the certificate of registration. The applicant or registrant has thirty days after receipt of such notification to demand a hearing. The hearing shall be held no more than thirty days after receipt of such demand by the director and shall be held in accordance with the Administrative Procedure Act. (c)(i) The director shall, in his or her order suspending the authority of the discount medical plan organization to enroll new members, specify the period during which the suspension is to be in effect and the conditions, if any, that must be met by the discount medical plan organization prior to reinstatement of its certificate of registration to enroll members. (ii) The director may rescind or modify the order of suspension prior to the expiration of the suspension period. (iii) The certificate of registration of a discount medical plan organization shall not be reinstated unless requested by the discount medical plan organization. The director shall not grant the request for reinstatement if the director finds that the circumstances for which the suspension occurred still exist or are likely to recur. (8) In lieu of suspending or revoking a discount medical plan organization's certificate of registration under subsection (7) of this section, if the discount medical plan organization has violated any provision of the Discount Medical Plan Organization Act, the director may: (a) Issue and cause to be served upon the organization charged with the violation a copy of the findings and an order requiring the organization to cease and desist from engaging in the act or practice that constitutes the violation; and (b) Impose a monetary penalty of not more than one thousand dollars for each violation. (9) Each registered discount medical plan organization shall notify the director immediately whenever the discount medical plan organization's certificate of registration or other form of authority to operate as a discount medical plan organization in another state is suspended, revoked, or not renewed in that state. History: Laws 2008, LB855, § 38.