Tennessee § 56-51-106 - Application for certificate of authority.

§ 56-51-106. Application for certificate of authority.

Before any entity may operate a prepaid limited health service organization, it must obtain a certificate of authority from the department. An application for a certificate of authority to operate a prepaid limited health service organization must be filed with the department on a form prescribed by the department. The application must be sworn to by an officer or authorized representative of the applicant and be accompanied by the following: A copy of the applicant's basic organizational document, including the articles of incorporation, articles of association, partnership agreements, trust agreement, or other applicable documents and all amendments to the documents; A copy of all bylaws, rules, and regulations, or similar documents, if any, regulating the conduct of the applicant's internal affairs; A list of the names, addresses, official positions, and biographical information of the individuals who are responsible for conducting the applicant's affairs, including, but not limited to, all members of the board of directors, board of trustees, executive committee, or other governing board or committee, the officers, contracted management company personnel, and any person or entity owning or having the right to acquire ten percent (10%) or more of the voting securities of the applicant. The listing must fully disclose the extent and nature of any contracts or arrangements between any individual who is responsible for conducting the applicant's affairs and the prepaid limited health service organization, including any possible conflicts of interest; A complete biographical statement, on forms prescribed by the department, an independent investigation report, with respect to each individual identified under subdivision (a)(3); A statement generally describing the applicant, its facilities and personnel, and the limited health service or services to be offered; A copy of the form of all contracts made or to be made between the applicant and any providers regarding the provision of limited health services to enrollees; A copy of the form of any contract made or arrangement to be made between the applicant and any person listed in subdivision (a)(3); A copy of the form of any contract made or to be made between the applicant and any person, corporation, partnership, or other entity for the performance on the applicant's behalf of any function, including, but not limited to, marketing, administration, enrollment, investment management, and subcontracting for the provision of limited health services to enrollees; A copy of the form of any prepaid limited health service contract that is to be issued to employers, unions, trustees, individuals, or other organizations and a copy of any form of evidence of coverage to be issued to subscribers; A copy of the applicant's most recent financial statements audited by an independent certified public accountant; A copy of the applicant's financial plan, including a three-year projection of anticipated operating results, a statement of the sources of funding, and provisions for contingencies, for which projection all material assumptions shall be disclosed; A schedule of rates and charges for each contract to be used that contains an opinion from a qualified independent actuary that the rates are not inadequate, excessive, or discriminatory; A description of the proposed method of marketing; A description of the subscriber complaint procedures to be established and maintained as required under § 56-51-131; A description of how the applicant will comply with § 56-51-138; The fee for issuance of a certificate of authority as provided in § 56-51-145; and Other information the department may reasonably require to make the determinations required by this chapter. The applicant shall meet the network adequacy requirements established pursuant to § 56-7-2356. Acts 2000, ch. 948, § 6; 2004, ch. 507, § 5.