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<section article="gin" article_name="Insurance" number="9-412" title_number="9" title_name="Impaired Entities" subtitle_number="4" subtitle_name="Life and Health Insurance Guaranty Corporation Act">
  <level label="a">
    <level label="1">
      <text>The Commissioner and Board of Directors have the powers and duties described in this section to help in the detection and prevention of member insurer impairments or insolvencies.</text>
    </level>
    <level label="2">
      <text>The Corporation may help the Commissioner in detecting and preventing member insurer impairments or insolvencies as provided in this section.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>The Commissioner shall examine a member insurer if the Commissioner has reasonable cause to believe that the member insurer may be unable or potentially unable to fulfill its contractual obligations.</text>
    </level>
    <level label="2">
      <text>On a majority vote, the Board of Directors shall notify the Commissioner of any information that indicates that a member insurer may be unable or potentially unable to fulfill its contractual obligations.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>On a majority vote, the Board of Directors may request that the Commissioner order an examination of a member insurer that the Board in good faith believes may be unable or potentially unable to fulfill its contractual obligations.</text>
    </level>
    <level label="2">
      <text>The Commissioner may conduct the examination.</text>
    </level>
    <level label="3">
      <text>The examination may be conducted as a National Association of Insurance Commissioners examination or may be conducted by a person that the Commissioner designates.</text>
    </level>
    <level label="4">
      <text>The cost of an examination shall be paid by the Corporation.</text>
    </level>
    <level label="5">
      <text>The examination report shall be treated as are other examination reports.</text>
    </level>
    <level label="6">
      <text>An examination report may not be released to the Board of Directors before its release to the public, but this does not excuse the Commissioner from the duty to comply with subsection (d) of this section.</text>
    </level>
    <level label="7">
      <text>The Commissioner shall notify the Board of Directors when the examination is completed.</text>
    </level>
    <level label="8">
      <level label="i">
        <text>The request for an examination shall be kept on file by the Commissioner.</text>
      </level>
      <level label="ii">
        <text>A request for examination may not be open to public inspection before the release of the examination report to the public, and shall be released at that time only if the examination discloses that the examined member insurer is unable or potentially unable to meet its contractual obligations.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>The Commissioner shall report to the Board of Directors when the Commissioner has reasonable cause to believe that a member insurer, examined at the request of the Board of Directors, may be unable or potentially unable to fulfill its contractual obligations.</text>
  </level>
  <level label="e">
    <level label="1">
      <text>On a majority vote, the Board of Directors may make reports and recommendations to the Commissioner on any matter germane to the solvency, liquidation, rehabilitation, or conservation of a member insurer.</text>
    </level>
    <level label="2">
      <text>A report or recommendation made under this subsection is not a public document.</text>
    </level>
  </level>
  <level label="f">
    <text>On a majority vote, the Board of Directors may make recommendations to the Commissioner for the detection and prevention of member insurer impairments or insolvencies.</text>
  </level>
  <level label="g">
    <text>At the conclusion of a member insurer impairment or insolvency in which the Corporation carried out its duties or exercised its powers under this subtitle, the Board of Directors shall prepare and submit to the Commissioner a report on the history and causes of the impairment or insolvency, based on the information available to the Corporation.</text>
  </level>
</section>
