SECTION 3.3710. Failure to Provide an Adequate Network

(a) If the commissioner determines, after notice and opportunity for hearing, that the insurer's network and any local market access plan supporting the network are inadequate to ensure that preferred provider benefits are reasonably available to all insureds or are inadequate to ensure that all medical and health care services and items covered pursuant to the health insurance policy are provided in a manner ensuring availability of and accessibility to adequate personnel, specialty care, and facilities, the commissioner may order one or more of the following sanctions pursuant to the authority of the commissioner in Insurance Code Chapters 82 and 83 to issue cease and desist orders:

(1) reduction of a service area;

(2) cessation of marketing in parts of the state; and/or

(3) cessation of marketing entirely and withdrawal from the preferred provider benefit plan market.

(b) This section does not affect the authority of the commissioner to order any other appropriate corrective action, sanction, or penalty pursuant to the authority of the commissioner in the Insurance Code in addition to or in lieu of the sanctions specified in subsection (a) of this section.

Source Note: The provisions of this §3.3710 adopted to be effective December 6, 2011, 36 TexReg 3411; amended to be effective February 21, 2013, 38 TexReg 827