§ 23-76-118 - Protection against insolvency.
               	 		
23-76-118.    Protection against insolvency.
    (a)  Deposit Requirements.   (1)    (A)  All  health maintenance organizations authorized to transact business in  this state shall deposit through the Insurance Commissioner securities  eligible for deposit under    23-63-903 that at all times shall have a  par or market value of not less than three hundred thousand dollars  ($300,000), with the exception of limited benefit health maintenance  organizations whose security deposit shall not be less than one hundred  thousand dollars ($100,000).
            (B)  The  commissioner shall also be authorized to require a special surplus  deposit for the benefit of enrollees from each health maintenance  organization.
      (2)  All deposits  made through the commissioner and held in this state shall be subject to  the applicable provisions of      23-63-903 -- 23-63-907, 23-63-910, and  23-63-911, which refer to administration of deposits.
      (3)    (A)    (i)  A  health maintenance organization, excluding limited benefit health  maintenance organizations, that is in operation on August 1, 1997, shall  make a deposit equal to one hundred fifty thousand dollars ($150,000).
                  (ii)  In  the second year, the amount of the additional deposit for a health  maintenance organization that is in operation August 1, 1997, shall be  equal to one hundred fifty thousand dollars ($150,000), for a total of  three hundred thousand dollars ($300,000).
            (B)    (i)  A  limited benefit health maintenance organization that is in operation on  August 1, 1997, shall make a deposit equal to seventy-five thousand  dollars ($75,000).
                  (ii)  In  the second year, the amount of the additional deposit for a limited  benefit health maintenance organization that is in operation on August  1, 1997, shall be equal to twenty-five thousand dollars ($25,000) for a  total of one hundred thousand dollars ($100,000).
      (4)  The deposit shall be an admitted asset of the health maintenance organization in the determination of net worth.
      (5)    (A)  The  deposit shall 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.
            (B)  The commissioner may use the deposit for administrative costs directly attributable to a receivership or liquidation.
            (C)  If  the health maintenance organization is placed in receivership or  liquidation, the deposit shall be an asset subject to the provisions of  the Uniform Insurers Liquidation Act,    23-68-101 et seq.
(b)    (1)    (A)  No  participating provider or the provider's agent, trustee, or assignee  may maintain an action at law against a subscriber or enrollee to  collect sums owed by the health maintenance organization nor make any  statement, either written or oral, to any subscriber or enrollee that  makes demand for, or would lead a reasonable person to believe that a  demand is being made for, payment of any amounts owed by the health  maintenance organization.
            (B)    (i)  If  a participating provider has a pattern or practice of violating this  subsection and continues to violate this subsection after the Insurance  Commissioner has issued a written warning to the participating provider,  the commissioner may levy a penalty in an amount not less than one  hundred fifty dollars ($150) nor more than one thousand five hundred  dollars ($1,500).
                  (ii)  Before  imposing the penalty, the commissioner shall send a written notice to  the participating provider informing the provider of the right to a  hearing pursuant to      23-61-303 -- 23-61-307.
      (2)  "Participating  provider" means a "provider" as defined in    23-76-102(10) who, under  an express or implied contract with the health maintenance organization  or with its contractor or subcontractor, has agreed to provide health  care services to enrollees with an expectation of receiving payment,  other than copayment or deductible, directly or indirectly, from the  health maintenance organization.
(c)  Continuation of Benefits.  The commissioner shall require that each health maintenance  organization has a plan for handling insolvency that 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 such a  plan, the commissioner may require:
      (1)  Insurance to cover the expenses to be paid where date of services precedes the premium paid for it;
      (2)  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 enrollees' discharge from inpatient facilities;
      (3)  Insolvency reserves;
      (4)  Acceptable letters of credit; and
      (5)  Any other arrangements to assure that benefits are continued as specified in this subsection.