519A.4 - PLAN OF OPERATION.

        519A.4  PLAN OF OPERATION.         1.  The association shall submit a plan of operation to the      commissioner, together with any amendments necessary or suitable to      assure the fair, reasonable, and equitable administration of the      association consistent with sections 519A.2 to 519A.13.  The plan of      operation and any amendments thereto shall become effective only      after promulgation of the plan or amendment by the commissioner as a      rule pursuant to section 17A.4:  Provided that the initial plan may      in the discretion of the commissioner become effective immediately      upon filing with the secretary of state pursuant to section 17A.5,      subsection 2, paragraph "b", subparagraph (1).         If the association fails to submit a suitable plan of operation      within twenty-five days following the effective date of this chapter      or if at any time thereafter the association fails to submit suitable      amendments to the plan, the commissioner shall adopt rules necessary      to effectuate sections 519A.2 to 519A.13.  Such rules shall continue      in force until modified by the commissioner or superseded by a plan      submitted by the association and approved by the commissioner.         2.  The plan of operation shall provide for economic, fair and      nondiscriminatory administration, and for the prompt and efficient      provision of medical malpractice insurance.  The plan shall contain      other provisions including, but not limited to, preliminary      assessment of all members for initial expenses necessary to commence      operations, establishment of necessary facilities, management of the      association, assessment of members to defray losses and expenses,      commission arrangements, reasonable and objective underwriting      standards, acceptance and cession of reinsurance, appointment of      servicing carriers or other servicing arrangements and procedures for      determining amounts of insurance to be provided by the association.         3.  All member insurers shall comply with the plan of operation.      
         Section History: Early Form
         [C77, 79, 81, § 519A.4]         Referred to in § 519A.1, 519A.2, 519A.3, 519A.5, 519A.10, 519A.13