South Dakota Laws > Title 58 > Chapter 41 > § 58-41-17 - Time for issuance or denial of certificate--Fee--Conditions for issuance
Current as of: 2010
The director of the Division of Insurance shall issue or deny a certificate of authority to any person filing an application pursuant to this chapter within thirty days of receipt of the certification from the secretary of health. Issuance of a certificate of authority shall be granted upon payment of the application fee prescribed in § 58-41-26 if the director is satisfied that the following conditions are met:
(1) The persons responsible for the conduct of the affairs of the applicant are competent, trustworthy, and possess good reputations;
(2) The secretary certifies, in accordance with § 58-41-16, that the health maintenance organization's proposed plan of operation meets the requirements of § 58-41-12;
(3) The health maintenance contract constitutes an appropriate mechanism whereby the health maintenance organization will effectively provide or arrange for the provision of comprehensive health maintenance services on a prepaid basis, through insurance or otherwise, except to the extent of reasonable requirements for copayments;
(4) The health maintenance organization is financially responsible and may reasonably be expected to meet its obligations to enrollees and prospective enrollees;
(5) The health maintenance organization will assume full financial risk on a prospective basis for the provision of comprehensive health maintenance services, including hospital care;
(6) The enrollees will be afforded an opportunity to participate in matters of policy and operation pursuant to §§ 58-41-23 and 58-41-24;
(7) Nothing in the proposed method of operation, as shown by the information submitted pursuant to §§ 58-41-4 to 58-41-10, inclusive, or by independent investigation, is contrary to the public interest; and
(8) Any deficiencies certified by the secretary of the Department of Health have been corrected.
A certificate of authority shall be denied only after compliance with the requirements of §§ 58-41-87 to 58-41-90, inclusive.
U.S. Code Provisions: Health Maintenance Organizations (HMOs)