(1) The
general assembly recognizes that health-care coverage may be offered to the
citizens of this state by various entities with distinct organizational and functional
forms. The placement of this part 4 in this article should in no way be construed so
as to alter the distinct organizational and functional character of health
maintenance organizations or to alter the legal distinctions between such
organizations and other health-care coverage entities.
(2) Notwithstanding any law of this state to the contrary, any person may
apply to the commissioner for and obtain a certificate of authority to establish and
operate a health maintenance organization in compliance with part 1 of this article
and this part 4; however, the general assembly declares that nothing in part 1 of this
article or this part 4 shall be construed to ensure the success of any health
maintenance organization and the state accepts no responsibility for the financial
obligations of such organizations. No person shall establish or operate a health
maintenance organization in this state, nor sell or offer to sell, or solicit offers to
purchase or receive advance or periodic consideration in conjunction with a health
maintenance organization without obtaining a certificate of authority under this
part 4. A foreign corporation may qualify under this part 4 subject to its registration
to do business in this state as a foreign corporation.
(3) Every health maintenance organization as of July 6, 1973, shall submit an
application for a certificate of authority under subsection (4) of this section within
one hundred eighty days of the said date. Each such applicant may continue to
operate until the commissioner acts upon the application. In the event that an
application is denied under section 10-16-402, the applicant shall henceforth be
treated as a health maintenance organization whose certificate of authority has
been revoked.
(4) Each application for a certificate of authority shall be verified by an
officer or authorized representative of the applicant, shall be in a form prescribed
by the commissioner, and shall set forth or be accompanied by the following:
(a) A copy of the basic organizational document, if any, of the applicant such
as the articles of incorporation, articles of association, partnership agreement, trust
agreement, or other applicable documents and all amendments thereto, in
triplicate, for examination by the commissioner and attorney general. Where
required, said articles shall be filed and recorded in the office of the secretary of
state who shall issue a certificate of incorporation. A copy of such articles shall be
filed with the commissioner.
(b) A copy of the bylaws, rules and regulations, or similar document, if any,
regulating the conduct of the internal affairs of the applicant;
(c) A list of the names, addresses, and official positions of the persons who
are to be responsible for the conduct of the affairs of the applicant, including all
members of the board of directors, board of trustees, executive committee, or other
governing board or committee, the principal officers in the case of a corporation,
and the partners or members in the case of a partnership or association;
(d) A copy of any contract made or to be made between any providers or
persons listed in paragraph (c) of this subsection (4) and the applicant;
(e) A statement generally describing the health maintenance organization,
its health-care plan or plans, facilities, and personnel;
(f) A copy of the form of evidence of coverage to be issued to the enrollees;
(g) A copy of the form of the group contract, if any, which is to be issued to
employers, unions, trustees, or other organizations;
(h) Financial statements showing the applicant's assets, liabilities, and
sources of financial support. If the applicant's financial affairs are audited by
independent certified public accountants, a copy of the applicant's most recent
regular certified financial statement shall be deemed to satisfy this requirement
unless the commissioner directs that additional or more recent financial information
is required for the proper administration of part 1 of this article and this part 4.
(i) A description of the proposed method of marketing the plan, a financial
plan which includes a three-year projection of the initial operating results
anticipated, and a statement as to the sources of working capital as well as any
other sources of funding;
(j) A power of attorney duly executed by such applicant, if not domiciled in
this state, appointing the commissioner and the commissioner's successors in
office, and duly authorized deputies, as the true and lawful attorney of such
applicant in and for this state upon whom all lawful process in any legal action or
proceeding against the health maintenance organization on a cause of action
arising in this state may be served;
(k) A statement reasonably describing the geographic area or areas to be
served;
(l) A description of the complaint procedures to be utilized as required under
section 10-16-409;
(m) A description of the procedures and programs to be implemented to
meet the quality of health-care requirements in section 10-16-402 (1)(b);
(n) A description of the mechanism by which enrollees will be afforded an
opportunity to participate in matters of policy and operation under section 10-16-404 (2);
(o) Such other information as the commissioner may require to make the
determinations required in section 10-16-402;
(p) An access plan for each separate network of the health maintenance
organization as specified in section 10-16-704 (9). To the extent that the information
in the access plan contains the required information specified in paragraphs (e), (f),
(k), (l), (m), and (n) of this subsection (4), the health maintenance organization shall
be deemed to be in compliance with said paragraphs.
(5) A health maintenance organization shall, unless otherwise provided for in
part 1 of this article or this part 4, file a notice describing any modification of the
operation set out in the information required by subsection (4) of this section. Such
notice shall be filed with the commissioner prior to the modification. If the
commissioner does not disapprove within thirty days of filing, such modification
shall be deemed approved.