20-1052. Establishment of health care services organizations

A. A person shall not establish or operate a health care services organization in this state, or sell or offer to sell, or solicit offers to purchase, or receive advance or periodic consideration in conjunction with a health care plan without obtaining and maintaining a certificate of authority pursuant to this article.

B. A health care services organization shall be incorporated under the laws of this or any other state.

C. A health care services organization shall possess and maintain unimpaired capital or surplus, or both, in the amount of one million five hundred thousand dollars at the time of obtaining a certificate of authority. Thereafter, a health care services organization that is subject to the unimpaired capital or surplus requirements of this section shall maintain unimpaired capital or surplus, or both, in the amount of one million dollars or in the amount prescribed in chapter 2, article 12 of this title, whichever is greater.

D. Unless preempted under federal law or unless federal law imposes greater requirements than this section, this section applies to a provider sponsored health care services organization.

20-1052. Establishment of health care services organizations

A. A person shall not establish or operate a health care services organization in this state, or sell or offer to sell, or solicit offers to purchase, or receive advance or periodic consideration in conjunction with a health care plan without obtaining and maintaining a certificate of authority pursuant to this article.

B. A health care services organization shall be incorporated under the laws of this or any other state.

C. A health care services organization shall possess and maintain unimpaired capital or surplus, or both, in the amount of one million five hundred thousand dollars at the time of obtaining a certificate of authority. Thereafter, a health care services organization that is subject to the unimpaired capital or surplus requirements of this section shall maintain unimpaired capital or surplus, or both, in the amount of one million dollars or in the amount prescribed in chapter 2, article 12 of this title, whichever is greater.

D. Unless preempted under federal law or unless federal law imposes greater requirements than this section, this section applies to a provider sponsored health care services organization.