Ohio § 1751.03

§ 1751.03.

(A) Each application for a certificate of authority under this chapter shall be verified

by an officer or authorized representative of the applicant, shall be in a format

prescribed by the superintendent of insurance, and shall set forth or be accompanied

by the following: (1) A certified copy of the applicant's articles of incorporation and all amendments

to the articles of incorporation; (2) A copy of any regulations adopted for the government of the corporation, any bylaws,

and any similar documents, and a copy of all amendments to these regulations, bylaws,

and documents.  The corporate secretary shall certify that these regulations, bylaws, documents,

and amendments have been properly adopted or approved. (3) A list of the names, addresses, and official positions of the persons responsible

for the conduct of the applicant, including all members of the board, the principal

officers, and the person responsible for completing or filing financial statements

with the department of insurance, accompanied by a completed original biographical

affidavit and release of information for each of these persons on forms acceptable

to the department; (4) A full and complete disclosure of the extent and nature of any contractual or other

financial arrangement between the applicant and any provider or a person listed in

division (A)(3) of this section, including, but not limited to, a full and complete

disclosure of the financial interest held by any such provider or person in any health

care facility, provider, or insurer that has entered into a financial relationship

with the health insuring corporation; (5) A description of the applicant, its facilities, and its personnel, including, but

not limited to, the location, hours of operation, and telephone numbers of all contracted

facilities; (6) The applicant's projected annual enrollee population over a three-year period; (7) A clear and specific description of the health care plan or plans to be used by the

applicant, including a description of the proposed providers, procedures for accessing

care, and the form of all proposed and existing contracts relating to the administration,

delivery, or financing of health care services; (8) A copy of each type of evidence of coverage and identification card or similar document

to be issued to subscribers; (9) A copy of each type of individual or group policy, contract, or agreement to be used; (10) The schedule of the proposed contractual periodic prepayments or premium rates, or

both, accompanied by appropriate supporting data; (11) A financial plan which provides a three-year projection of operating results, including

the projected expenses, income, and sources of working capital; (12) The enrollee complaint procedure to be utilized as required under section 1751.19 of the Revised Code ; (13) A description of the procedures and programs to be implemented on an ongoing basis

to assure the quality of health care services delivered to enrollees, including, if

applicable, a description of a quality assurance program complying with the requirements

of sections 1751.73 to 1751.75 of the Revised Code ; (14) A statement describing the geographic area or areas to be served, by county; (15) A copy of all solicitation documents; (16) A balance sheet and other financial statements showing the applicant's assets, liabilities,

income, and other sources of financial support; (17) A description of the nature and extent of any reinsurance program to be implemented,

and a demonstration that errors and omission insurance and, if appropriate, fidelity

insurance, will be in place upon the applicant's receipt of a certificate of authority; (18) Copies of all proposed or in force related-party or intercompany agreements with

an explanation of the financial impact of these agreements on the applicant.  If the applicant intends to enter into a contract for managerial or administrative

services, with either an affiliated or an unaffiliated person, the applicant shall

provide a copy of the contract and a detailed description of the person to provide

these services.  The description shall include that person's experience in managing or administering

health care plans, a copy of that person's most recent audited financial statement,

and a completed biographical affidavit on a form acceptable to the superintendent

for each of that person's principal officers and board members and for any additional

employee to be directly involved in providing managerial or administrative services

to the health insuring corporation.  If the person to provide managerial or administrative services is affiliated with

the health insuring corporation, the contract must provide for payment for services

based on actual costs. (19) A statement from the applicant's board that the admitted assets of the applicant

have not been and will not be pledged or hypothecated; (20) A statement from the applicant's board that the applicant will submit monthly financial

statements during the first year of operations; (21) The name and address of the applicant's Ohio statutory agent for service of process,

notice, or demand; (22) Copies of all documents the applicant filed with the secretary of state; (23) The location of those books and records of the applicant that must be maintained,

which books and records shall be maintained in Ohio if the applicant is a domestic

corporation, and which may be maintained either in the applicant's state of domicile

or in Ohio if the applicant is a foreign corporation; (24) The applicant's federal identification number, corporate address, and mailing address; (25) An internal and external organizational chart; (26) A list of the assets representing the initial net worth of the applicant; (27) If the applicant has a parent company, the parent company's guaranty, on a form acceptable

to the superintendent, that the applicant will maintain Ohio's minimum net worth.  If no parent company exists, a statement regarding the availability of future funds

if needed. (28) The names and addresses of the applicant's actuary and external auditors; (29) If the applicant is a foreign corporation, a copy of the most recent financial statements

filed with the insurance regulatory agency in the applicant's state of domicile; (30) If the applicant is a foreign corporation, a statement from the insurance regulatory

agency of the applicant's state of domicile stating that the regulatory agency has

no objection to the applicant applying for an Ohio license and that the applicant

is in good standing in the applicant's state of domicile; (31) Any other information that the superintendent may require; (32) Documentation acceptable to the superintendent of the bond or securities required

by section 1751.271 of the Revised Code . (B)(1) A health insuring corporation, unless otherwise provided for in this chapter or in section 3901.321 of the Revised Code , shall file a timely notice with the superintendent describing any change to the

corporation's articles of incorporation or regulations, or any major modification

to its operations as set out in the information required by division (A) of this section

that affects any of the following: (a) The solvency of the health insuring corporation; (b) The health insuring corporation's continued provision of services that it has contracted

to provide; (c) The manner in which the health insuring corporation conducts its business. (2) If the change or modification is to be the result of an action to be taken by the

health insuring corporation, the notice shall be filed with the superintendent prior

to the health insuring corporation taking the action.  The action shall be deemed approved if the superintendent does not disapprove it

within sixty days of filing. (3) The filing of a notice pursuant to division (B)(1) or (2) of this section shall also

serve as the submission of a notice when required for the superintendent's review

for purposes of section 3901.341 of the Revised Code , if the notice contains all of the information that section 3901.341 of the Revised Code requires for such submissions and a copy of any written agreement.  The filing of such a notice, for the purpose of satisfying this division and section 3901.341 of the Revised Code , shall be subject to the sixty-day review period of division (B)(2) of this section. (C)(1) No health insuring corporation shall expand its approved service area until a copy

of the request for expansion, accompanied by documentation of the network of providers,

forms of all proposed or existing provider contracts relating to the delivery of health

care services, a schedule of proposed contractual periodic prepayments and premium

rates for group contracts accompanied by appropriate supporting data, enrollment projections,

plan of operation, and any other changes have been filed with the superintendent. (2) Within seventy-five days after the superintendent's receipt of a complete filing

under division (C)(1) of this section, the superintendent shall determine whether

the plan for expansion is lawful, fair, and reasonable. If the superintendent has not approved or disapproved all or a portion of a service

area expansion within the seventy-five-day period, the filing shall be deemed approved. (3) Disapproval of all or a portion of the filing shall be effected by written notice,

which shall state the grounds for the order of disapproval and shall be given in accordance

with Chapter 119. of the Revised Code. (D) The agent named under division (A)(21) of this section shall be one of the following: (1) A natural person who is a resident of this state; (2) A domestic or foreign corporation, nonprofit corporation, limited liability company,

partnership, limited partnership, limited liability partnership, limited partnership

association, professional association, business trust, or unincorporated nonprofit

association that has a business address in this state.  If the agent is an entity other than a domestic corporation, the agent shall meet

the requirements of Title XVII of the Revised Code for an entity of the agent's type

to transact business or exercise privileges in this state.