31A-8-211.   Deposit.
     (1) Except as provided in Subsection (2), each health maintenance organization authorized in this state shall maintain a deposit with the commissioner under Section 31A-2-206 in an amount equal to the sum of:
     (a) $100,000; and
     (b) 50% of the greater of:
     (i) $900,000;
     (ii) 2% of the annual premium revenues as reported on the most recent annual financial statement filed with the commissioner; or
     (iii) an amount equal to the sum of three months uncovered health care expenditures as reported on the most recent financial statement filed with the commissioner.
     (2) (a) After a hearing the commissioner may exempt a health maintenance organization from the deposit requirement of Subsection (1) if:
     (i) the commissioner determines that the enrollees' interests are adequately protected;
     (ii) the health maintenance organization has been continuously authorized to do business in this state for at least five years; and
     (iii) the health maintenance organization has $5,000,000 surplus in excess of the health maintenance organization's company action level RBC as defined in Subsection 31A-17-601(8)(b).
     (b) The commissioner may rescind an exemption given under Subsection (2)(a).
     (3) (a) Each limited health plan authorized in this state shall maintain a deposit with the commissioner under Section 31A-2-206 in an amount equal to the minimum capital or permanent surplus plus 50% of the greater of:
     (i) .5 times minimum required capital or minimum permanent surplus; or
     (ii) (A) during the first year of operation, 10% of the limited health plan's projected uncovered expenditures for the first year of operation;
     (B) during the second year of operation, 12% of the limited health plan's projected uncovered expenditures for the second year of operation;
     (C) during the third year of operation, 14% of the limited health plan's projected uncovered expenditures for the third year of operation;
     (D) during the fourth year of operation, 18% of the limited health plan's projected uncovered expenditures during the fourth year of operation; or
     (E) during the fifth year of operation, and during all subsequent years, 20% of the limited health plan's projected uncovered expenditures for the previous 12 months.
     (b) Projections of future uncovered expenditures shall be established in a manner that is approved by the commissioner.
     (4) A deposit required by this section may be counted toward the minimum capital or minimum permanent surplus required under Section 31A-8-209.

Amended by Chapter 308, 2002 General Session
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Last revised: Thursday, May 28, 2009