20-1005. Deposit requirement;
exception
A. A prepaid dental plan organization shall maintain on deposit with the state
treasurer through the director's office a surety bond, guaranteeing services under the
plan, or cash or securities eligible for investment of capital funds, in the following
amounts depending on the number of members entitled to dental care services pursuant to
contracts issued by the plan:
Number of members Deposit
5,000 or less $ 25,000
5,001 - 7,500 30,000
7,501 - 10,000 50,000
10,001 - 15,000 75,000
15,001 - 20,000 100,000
20,001 - 25,000 125,000
25,001 - 30,000 150,000
30,001 - 40,000 175,000
40,001 and above 200,000
B. The deposit prescribed by subsection A shall be held by the state treasurer in
trust for the benefit and protection of persons covered by a prepaid dental plan.
C. Any securities within the description of subsection A, with the approval of the
director, may be exchanged for similar securities or cash of equal amount. Interest on
securities deposited shall be payable to the prepaid dental plan organization depositing
such securities.
D. An unpaid final judgment arising upon a membership coverage shall be a lien on
the deposit prescribed by subsection A, subject to execution after thirty days from the
entry of final judgment. If the deposit is reduced, it shall be replenished within
ninety days by the prepaid dental plan organization.
E. Upon liquidation or dissolution of a prepaid dental plan organization and the
satisfaction of all its debts and liabilities, any balance remaining of the cash or
securities deposit prescribed in subsection A together with any other assets of the
prepaid dental plan organization shall be returned by the director to the prepaid dental
plan organization.
F. The deposit prescribed by subsection A shall not apply with respect to a prepaid
dental plan organization which is funded by the federal, state or a municipal government
or any political subdivision or body to the extent and for such period of time that the
prepaid dental plan organization can demonstrate to the director the presence of
operational commitments from such sources equivalent to such deposit.
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