20-1052

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.