Section 354.405

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS

Chapter 354

Effective - 28 Aug 2003   

  354.405.  Certificate of authority, who may make application — foreign corporation may qualify, requirements — procedure. — 1.  Notwithstanding any law of this state to the contrary, any person may apply to the director for a certificate of authority to establish and operate a health maintenance organization in compliance with this act.  No person shall establish or operate a health maintenance organization in this state without obtaining a certificate of authority pursuant to sections 354.400 to 354.636.  A foreign corporation may qualify pursuant to sections 354.400 to 354.636, subject to its registration to do business in this state as a foreign corporation pursuant to chapter 351 and compliance with the provisions of sections 354.400 to 354.636.

  2.  Every health maintenance organization doing business in this state on September 28, 1983, shall submit an application for a certificate of authority pursuant to subsection 3 of this section within one hundred twenty days of September 28, 1983.  Each such applicant may continue to operate until the director acts upon the application.  In the event that an application is not submitted or is denied pursuant to section 354.410, the applicant shall henceforth be treated as a health maintenance organization whose certificate of authority has been revoked.  Any health maintenance organization licensed by the department of commerce and insurance prior to September 28, 1983, and complying with the paid-in capital or guarantee fund requirements of section 354.410 shall be issued a certificate of authority upon filing an amended certificate of authority and an amended articles of incorporation that conform with sections 354.400 to 354.636.  When the annual statement of a health maintenance organization subject to the provisions of sections 354.400 to 354.636 is filed and all fees due from the health maintenance organization are tendered, the health maintenance organization's certificate of authority to do business in this state shall automatically be extended pending formal renewal by the director, or until such time as the director should refuse to renew the certificate.

  3.  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 director, and shall set forth or be accompanied by the following:

  (1)  A copy of the organizational documents of the applicant such as the articles of incorporation, articles of association, partnership agreement, trust agreement, or other applicable documents, and all amendments thereto;

  (2)  A copy of the bylaws, rules and regulations, or similar document, if any, regulating the conduct of the internal affairs of the applicant;

  (3)  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 if the applicant is a corporation, and the partners or members if the applicant is a partnership or association;

  (4)  A copy of any contract made or to be made between any providers and persons listed in subdivision (3) of this subsection and the applicant;

  (5)  A copy of the form of evidence of coverage to be issued to the enrollees;

  (6)  A copy of the form of the group contract, if any, which is to be issued to employers, unions, trustees, or other organizations;

  (7)  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 certified financial statement shall be deemed to satisfy this requirement unless the director directs that additional or more recent financial information is required for the proper administration of sections 354.400 to 354.636;

  (8)  A description of the proposed method of marketing the plan, a financial plan which includes a three-year projection of operating results anticipated, and a statement as to the sources of working capital as well as any other sources of funding;

  (9)  If the applicant is not domiciled in this state, a power of attorney duly executed by such applicant appointing the director, the director'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;

  (10)  A statement reasonably describing the geographic area or areas to be served;

  (11)  A description of the complaints procedures to be utilized as required by section 354.445;

  (12)  A description of the mechanism by which enrollees will be afforded an opportunity to participate in matters of policy and operation;

  (13)  Evidence demonstrating that the health maintenance organization has provided its enrollees with adequate access to health care providers; and

  (14)  Such other information as the director may require to make the determinations required in section 354.410.

  4.  Every health maintenance organization shall file with the director notice of its intention to modify any of the procedures or information described in and required to be filed by this section.  Such changes shall be filed with the director prior to the actual modification.  If the director does not disapprove the modification within forty-five days of filing, citing specific reasons for noncompliance, such modification shall be deemed approved.  If a filing that is deemed approved is a document described in subdivision (4), (5) or (6) of subsection 3 of this section, the director shall not disapprove the deemed filing for a period of twelve months thereafter.  If at any time during that twelve-month period the director determines that any provision of the deemed filing is contrary to state law, the director shall notify the health maintenance organization of the specific provision that is contrary to state law, and any specific statute to which the provision is contrary to, and request that the health maintenance organization file, within thirty days of receipt of the request, an amendment form that modifies the provision to conform to the state law.  Upon approval of the amendment form by the director, the health maintenance organization shall issue a copy of the amendment to each individual and entity to which the deemed filing was previously issued and shall attach a copy of the amendment to the deemed filing when it is subsequently issued.  Such amendment shall have the force and effect as if the amendment was in the original filing or policy.

  5.  A health maintenance organization shall file all contracts of reinsurance.  Any agreement between the organization and an insurer shall be subject to the laws of this state regarding reinsurance.  All reinsurance agreements and any modifications thereto shall be filed and approved.

  6.  When the director deems it appropriate, the director may exempt any item from the filing requirements of this section.

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(L. 1983 H.B. 127, A.L. 1997 H.B. 335, A.L. 2003 H.B. 121)