Maine Code § 24-A-4221

Penalties and enforcement
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1. The superintendent may levy an administrative penalty in an amount not less than $100 nor
more than $500, if reasonable notice in writing is given of the intent to levy the penalty and the health
maintenance organization has a reasonable time within which to remedy the defect in its operations that
gave rise to the penalty citation. The superintendent may augment this penalty by an amount equal to
the sum that the superintendent calculates to be the damages suffered by enrollees or other members of
the public.
[RR 2021, c. 1, Pt. B, §349 (COR).]
2. If the superintendent or the Commissioner of Health and Human Services shall for any reason
have cause to believe that any violation of this chapter has occurred or is threatened, the superintendent
or Commissioner of Health and Human Services may give notice to the health maintenance
organization and to the representatives, or other persons who appear to be involved in such suspected
violation, to arrange a conference with the alleged violators or their authorized representatives for the
purpose of attempting to ascertain the facts relating to such suspected violation and, in the event it
appears that any violation has occurred or is threatened, to arrive at an adequate and effective means of
correcting or preventing such violation.
Proceedings under this subsection shall not be governed by any formal procedural requirements and
may be conducted in such manner as the superintendent or the Commissioner of Health and Human
Services may deem appropriate under the circumstances.
[PL 1975, c. 503 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]

3. The superintendent may issue an order directing a health maintenance organization or a
representative of a health maintenance organization to cease and desist from engaging in any act or
practice in violation of this chapter.
Within 10 days after service of the order of cease and desist, the respondent may request a hearing on
the question of whether acts or practices in violation of this chapter have occurred.
[PL 1975, c. 503 (NEW).]
4. In the case of any violation under this chapter, if the superintendent elects not to issue a cease
and desist order, or in the event of noncompliance with a cease and desist order issued pursuant to this
section, the superintendent may apply to the Superior Court to issue an injunction restraining the
company in whole or in part from proceeding further with its business, or the superintendent may apply
for an order of the court to command performance consistent with contractual obligations of the health
maintenance organization.
[RR 2021, c. 1, Pt. B, §350 (COR).]

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