6304 - Certification of professional health service corporations.

     § 6304.  Certification of professional health service              corporations.        (a)  General rule.--A corporation not-for-profit incorporated     for the purpose of establishing, maintaining and operating a     nonprofit professional health service plan, nonprofit dental     service plan or nonprofit optometric service plan shall not     commence business until it shall have received from the     department a certificate of authority authorizing the     corporation to establish, maintain and operate a nonprofit     professional health service plan, a nonprofit dental service     plan or a nonprofit optometric service plan, as the case may be.        (b)  Exemptions.--The provisions of subsection (a) of this     section shall not apply to any nonprofit corporation     incorporated with the approval of the department under the     former provisions of section 219 or 220 of the Nonprofit     Corporation Law of 1933. For the purposes of this chapter such a     corporation shall be deemed to be a holder of a certificate of     authority issued under this section as:            (1)  an optometric service corporation, if incorporated        under the former provisions of section 219 of the Nonprofit        Corporation Law of 1933 for the primary purpose of providing        a nonprofit optometric service plan;            (2)  a general medical service corporation, if        incorporated under the former provisions of section 219 of        the Nonprofit Corporation Law of 1933 for any other purpose;        or            (3)  a dental service corporation, if incorporated under        the former provisions of section 220 of the Nonprofit        Corporation Law of 1933.        (c)  Form of application.--Every application for a     certificate of authority under this section shall be made to the     Insurance Department in writing and shall be in such form and     contain such information as the regulations of the Department of     Health and the Insurance Department may require. The Insurance     Department shall forward the application to the Department of     Health for action thereon and report to the Insurance     Department.        (d)  Standards for issuance of certificate.--A certificate of     authority shall be issued by order of the Insurance Department     only if and when the Department of Health and the Insurance     Department shall severally find and determine that the     application complies with the provisions of this chapter and the     regulations of the Department of Health and the Insurance     Department thereunder.        (e)  Procedure.--The proceedings before the Department of     Health and the Insurance Department shall be subject to the     provisions of section 6102(e) of this title (relating to     procedure before department) and the term department in such     section shall be deemed to be a reference also to the Department     of Health. Each department shall make a thorough investigation     of the applicant and the area in and the plan under which it     proposes to operate.        (f)  Judicial review.--The final orders of the Department of     Health and the Insurance Department upon an application for a     certificate of authority under this section shall be deemed to     be a single order for the purposes of judicial review and to     have been issued on the date the Insurance Department issues its     final order after having considered the final action of the     Department of Health upon the application. Such order, and all     other orders of each department, shall be subject to judicial     review in the manner and within the time provided by law.     § 6304.  Certification of professional health service                    corporations.        (a)  General rule.--A corporation not-for-profit incorporated     for the purpose of establishing, maintaining and operating a     nonprofit professional health service plan, nonprofit dental     service plan or nonprofit optometric service plan shall not     commence business until it shall have received from the     department a certificate of authority authorizing the     corporation to establish, maintain and operate a nonprofit     professional health service plan, a nonprofit dental service     plan or a nonprofit optometric service plan, as the case may be.        (b)  Exemptions.--The provisions of subsection (a) of this     section shall not apply to any nonprofit corporation     incorporated with the approval of the department under the     former provisions of section 219 or 220 of the Nonprofit     Corporation Law of 1933. For the purposes of this chapter such a     corporation shall be deemed to be a holder of a certificate of     authority issued under this section as:            (1)  an optometric service corporation, if incorporated        under the former provisions of section 219 of the Nonprofit        Corporation Law of 1933 for the primary purpose of providing        a nonprofit optometric service plan;            (2)  a general medical service corporation, if        incorporated under the former provisions of section 219 of        the Nonprofit Corporation Law of 1933 for any other purpose;        or            (3)  a dental service corporation, if incorporated under        the former provisions of section 220 of the Nonprofit        Corporation Law of 1933.        (c)  Form of application.--Every application for a     certificate of authority under this section shall be made to the     Insurance Department in writing and shall be in such form and     contain such information as the regulations of the Department of     Health and the Insurance Department may require. The Insurance     Department shall forward the application to the Department of     Health for action thereon and report to the Insurance     Department.        (d)  Standards for issuance of certificate.--A certificate of     authority shall be issued by order of the Insurance Department     only if and when the Department of Health and the Insurance     Department shall severally find and determine that the     application complies with the provisions of this chapter and the     regulations of the Department of Health and the Insurance     Department thereunder.        (e)  Procedure.--The proceedings before the Department of     Health and the Insurance Department shall be subject to the     provisions of section 6102(e) of this title (relating to     procedure before department) and the term department in such     section shall be deemed to be a reference also to the Department     of Health. Each department shall make a thorough investigation     of the applicant and the area in and the plan under which it     proposes to operate.        (f)  Judicial review.--The final orders of the Department of     Health and the Insurance Department upon an application for a     certificate of authority under this section shall be deemed to     be a single order for the purposes of judicial review and to     have been issued on the date the Insurance Department issues its     final order after having considered the final action of the     Department of Health upon the application. Such order, and all     other orders of each department, shall be subject to judicial     review in the manner and within the time provided by law.