§ 4121. Regulations.
The department may promulgate regulations as necessary and
appropriate to implement this chapter.
§ 4122. Enforcement and penalties.
(a) General rule.--Subject to the other provisions of this
section, upon satisfactory evidence of the violation of any
section of this chapter by an insurer or any other person, one
or more of the following penalties may be imposed at the
commissioner's discretion:
(1) Suspension or revocation of the license of the
offending insurer or other person.
(2) Refusal, for a period not to exceed one year, to
issue a new license to the offending insurer or other person.
(3) A fine of not more than $5,000 for each violation of
this chapter.
(4) A fine of not more than $10,000 for each willful
violation of this chapter.
(b) Limitations.--
(1) Fines imposed under this section against an insurer
may not exceed $500,000 in the aggregate during a single
calendar year.
(2) Fines imposed under this section against any other
person may not exceed $100,000 in the aggregate during a
single calendar year.
(c) Additional remedies.--The enforcement remedies imposed
under this section are in addition to other remedies or
penalties that may be imposed under other applicable law of this
Commonwealth, including:
(1) The act of December 18, 1996 (P.L.1066, No.159),
known as the Accident and Health Filing Reform Act.
(2) The act of July 22, 1974 (P.L.589, No.205), known as
the Unfair Insurance Practices Act. Violations of this
chapter shall be deemed to be unfair methods of competition
and unfair or deceptive acts or practices under the Unfair
Insurance Practices Act.
(3) The act of June 25, 1997 (P.L.295, No.29), known as
the Pennsylvania Health Care Insurance Portability Act.
(d) Administrative procedure.--
(1) The administrative provisions of this section shall
be subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice
and procedure of Commonwealth agencies).
(2) A party against whom penalties are assessed in an
administrative action may appeal to Commonwealth Court as
provided in 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial
review of Commonwealth agency action).
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