Title 33, Chapter 20, Section 9
( 33-20-9)
(a) The Commissioner shall be authorized to issue a certificate of
authority in accordance with this chapter and other proper
requirements of the Commissioner if the Commissioner is satisfied
that: (1) All items required to be filed are in proper form and meet his
approval; (2) The applicant is established as a bona fide health care
corporation; (3) The services rendered by the corporation are not an
unnecessary duplication of similar services in the community
served and are desirable for the public necessity and convenience; (4) The applicant's proposed methods of solicitation of contracts
and its proposed conditions or methods of operation appear to be
fair and reasonable; (5) The method of establishing rates charged is fair, reasonable,
and adequate and the benefits to be provided are fair and
reasonable, provided that rates established in accordance with the
applicable provisions of this chapter and Chapter 24 of this title
may differ for separate services or classes or kinds of service,
including service in different facilities, and between subscribers
in different groups if based upon the experience of the group or
locality and between subscribers in groups and individual
subscribers not in groups; and (6) The amount provided as working capital is only provided by
individuals or groups which have no financial interest in the
activities of the health care corporation. Interest charged for
working capital, if any, shall be reasonable, shall be subject to
the general laws of this state governing permissible rates of
interest, and shall be approved by the Commissioner; and payment
of interest, if any, and repayment of such working capital shall
be permitted only after provision has been adequately made for
operating expenses, payments of benefits, and the establishment of
required services. (b) On an application for an original certificate of authority, the
Commissioner may, in his discretion, consider and rely upon
recommendations of the medical societies, the hospitals, or any
other persons in the areas in which the health care corporation
proposes to operate. |