Financial examination: Procedure; appointment of examiner; maintenance and use of records; penalty for obstruction or interference.
1. If the Commissioner determines to examine a health maintenance organization pursuant to NRS 695C.311, he shall designate one or more examiners and instruct them as to the scope of the examination. The examiner shall, upon demand, exhibit his official credentials to the health maintenance organization being examined.
2. The Commissioner shall conduct each examination in an expeditious, fair and impartial manner.
3. The Commissioner, or the examiner if he is authorized in writing by the Commissioner, may administer oaths and examine under oath any person concerning any matter relevant to the examination.
4. Every health maintenance organization and its officers, attorneys, employees, agents and representatives shall make available to the Commissioner or his examiners the accounts, records, documents, files, information, assets and matters of the health maintenance organization in his possession or control relating to the subject of the examination and shall facilitate the examination.
5. If the Commissioner or examiner finds any accounts or records to be inadequate or inadequately kept or posted, he shall so notify the health maintenance organization and give the health maintenance organization a reasonable opportunity to reconstruct, rewrite, post or balance the account or record. If the health maintenance organization fails to maintain, complete or correct the records or accounting after the Commissioner or examiner has given the health maintenance organization written notice and a reasonable opportunity to do so, the Commissioner may employ experts to reconstruct, rewrite, post or balance the account or record at the expense of the health maintenance organization being examined.
6. The Commissioner or an examiner shall not remove any record, account, document, file or other property of the health maintenance organization being examined from the office or place of business of the health maintenance organization unless the Commissioner or examiner has the written consent of an officer of the health maintenance organization before the removal or pursuant to an order of court. This provision does not prohibit the Commissioner or examiner from making or removing copies or abstracts of a record, account, document or file.
7. Any person who, without just cause, refuses to be examined under oath or who willfully obstructs or interferes with an examiner in the exercise of his authority is guilty of a misdemeanor.
Last modified: February 27, 2006