§ 26.1-18.1-12 — Protection against insolvency

North Dakota § 26.1-18.1-12

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-18.1: Health Maintenance Organizations

Text

1. Net worth requirements.
a. Before issuing any certificate of authority, the commissioner shall require that the
health maintenance organization have an initial net worth of one million dollars
and shall thereafter maintain the minimum net worth required under subdivision b.
b. Except as provided in subdivisions c and d, every health maintenance
organization must maintain a minimum net worth equal to the greater of:
(1) One million dollars;
(2) Two percent of annual premium revenues as reported on the most recent
annual financial statement filed with the commissioner on the first one
hundred fifty million dollars of premium and one percent of annual premium
on the premium in excess of one hundred fifty million dollars;
(3) An amount equal to the sum of three months uncovered health care
expenditures as reported on the most recent financial statement filed with
the commissioner; or
(4) An amount equal to the sum of:
(a) Eight percent of annual health care expenditures except those paid on
a capitated basis or managed hospital payment basis as reported on
the most recent financial statement filed with the commissioner; and
(b) Four percent of annual hospital expenditures paid on a managed
hospital payment basis as reported on the most recent financial
statement filed with the commissioner.
c. A health maintenance organization licensed before August 1, 1993, and licensed
only in this state must maintain the minimum requirements which are in effect at
the time this chapter became law.
d. (1) In determining net worth, no debt may be considered fully subordinated
unless the subordination clause is in a form acceptable to the commissioner.
Any interest obligation relating to the repayment of any subordinated debt
must be similarly subordinated.
(2) The interest expenses relating to the repayment of any fully subordinated
debt must be considered covered expenses.
(3) Any debt incurred by a note meeting the requirements of this section, and
otherwise acceptable to the commissioner, may not be considered a liability
and must be recorded as equity.
2. Deposit requirements.
a. Unless otherwise provided below, each health maintenance organization shall
deposit with the commissioner or, at the discretion of the commissioner, with any
organization or trustee acceptable to the commissioner through which a custodial
or controlled account is utilized, cash, securities, or any combination of these or
other measures that are acceptable to the commissioner which at all times shall
have a value of not less than three hundred thousand dollars.
b. A health maintenance organization that is licensed only in this state and is in
operation on August 1, 1993, shall make a deposit equal to one hundred
thousand dollars.
c. The deposit shall be an admitted asset of the health maintenance organization in
the determination of net worth.

d. All income from deposits is an asset of the organization. A health maintenance
organization that has made a securities deposit may withdraw that deposit or any
part thereof after making a substitute deposit of cash, securities, or any
combination of these or other measures of equal amount and value. Any
securities must be approved by the commissioner before being deposited or
substituted.
e. The deposit must be used to protect the interests of the health maintenance
organization's enrollees and to assure continuation of health care services to
enrollees of a health maintenance organization that is in rehabilitation or
conservation. The commissioner may use the deposit for administrative costs
directly attributable to a receivership or liquidation. If the health maintenance
organization is placed in receivership or liquidation, the deposit is an asset
subject to the provisions of the liquidation act.
f. The commissioner may reduce or eliminate the deposit requirement if the health
maintenance organization deposits with the state treasurer, insurance
commissioner, or other official body of the state or jurisdiction of domicile for the
protection of all subscribers and enrollees, wherever located, of the health
maintenance organization, cash, acceptable securities or surety, and delivers to
the commissioner a certificate to the effect, duly authenticated by the appropriate
state official holding the deposit.
3. Liabilities. Every health maintenance organization shall, when determining liabilities,
include an amount estimated in the aggregate to provide for any unearned premium
and for the payment of all claims for health care expenditures which have been
incurred, whether reported or unreported, which are unpaid and for which the
organization is or may be liable, and to provide for the expense of adjustment or
settlement of the claims. The liabilities must be computed in accordance with rules
adopted by the commissioner upon reasonable consideration of the ascertained
experience and character of the health maintenance organization.
4. Hold harmless.
a. Every contract between a health maintenance organization and a participating
provider of health care services must be in writing and must set forth that in the
event the health maintenance organization fails to pay for health care services as
set forth in the contract, the subscriber or enrollee is not liable to the provider for
any sums owed by the health maintenance organization.
b. In the event that the participating provider contract has not been reduced to
writing as required by this subsection or that the contract fails to contain the
required prohibition, the participating provider may not collect or attempt to collect
from the subscriber or enrollee sums owed by the health maintenance
organization.
c. No participating provider, or agent, trustee, or assignee thereof, may maintain any
action at law against a subscriber or enrollee to collect sums owed by the health
maintenance organization.
5. Continuation of benefits. The commissioner shall require that each health maintenance
organization have a plan for handling insolvency which allows for continuation of
benefits for the duration of the contract period for which premiums have been paid and
continuation of benefits to members who are confined on the date of insolvency in an
inpatient facility until their discharge or expiration of benefits. In considering a plan, the
commissioner may require:
a. Insurance to cover the expenses to be paid for continued benefits after an
insolvency.
b. Provisions in provider contracts that obligate the provider to provide services for
the duration of the period after the health maintenance organization's insolvency
for which premium payment has been made and until the enrollee's discharge
from inpatient facilities.
c. Insolvency reserves.
d. Acceptable letters of credit.

e. Any other arrangements to assure that benefits are continued as specified above.
6. Notice of termination. An agreement to provide health care services between a
provider and a health maintenance organization must require that if the provider
terminates the agreement, the provider shall give the organization at least sixty days'
advance notice of termination.