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§ 991.2705. Enforcement

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. InsuranceEffective: December 24, 2018

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 40 P.S. Insurance (Refs & Annos)
Chapter 2. Insurance Companies (Refs & Annos)
Article XXVII. Quality Eye Care for Insured Pennsylvanians
Effective: December 24, 2018
40 P.S. § 991.2705
§ 991.2705. Enforcement
(a) Scope.--The department may investigate and enforce the provisions of this article only insofar as the actions or inactions being investigated relate to coverage under a health insurance policy.
(b) Insurance Commissioner power.--Upon satisfactory evidence of a violation of this article by any insurer or other person within the scope of the department's investigative and enforcement authority under subsection (a), the Insurance Commissioner may, in the Insurance Commissioner's discretion, pursue any of the following actions:
(1) Suspend, revoke or refuse to renew the license of the offending person.
(2) Enter a cease and desist order.
(3) Impose a civil penalty of not more than $5,000 for each action in violation of this article.
(4) Impose a civil penalty of not more than $10,000 for each action in willful violation of this article.
(c) Limitation.--Penalties imposed under this article shall not exceed $500,000 in the aggregate during a calender1 year.
(d) Violations by optometrists and opthalmologists.--A violation of this article by an optometrist shall constitute unprofessional conduct under the act of June 6, 1980 (P.L. 197, No. 57),2 known as the Optometric Practice and Licensure Act. A violation of this article by an ophthalmologist shall constitute unprofessional conduct under the act of December 20, 1985 (P.L. 457, No. 112),3 known as the Medical Practice Act of 1985, or the act of October 5, 1978 (P.L. 1109, No. 261),4 known as the Osteopathic Medical Practice Act.

Credits

1921, May 17, P.L. 682, No. 284, art. XXVII, § 2705, added 2018, Oct. 24, P.L. 681, No. 103, § 2, effective in 60 days [Dec. 24, 2018].

Footnotes

So in original.
63 P.S. § 244.1 et seq.
63 P.S. § 422.1 et seq.
63 P.S. § 271.1 et seq.
40 P.S. § 991.2705, PA ST 40 P.S. § 991.2705
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document