North Dakota Code 26.1-17.1-03 – Application for certificate of authority
An application for a certificate of authority to operate a prepaid limited health service organization must be filed with the commissioner on a form prescribed by the commissioner. Such application must be verified by an officer or authorized representative of the applicant and must set forth, or be accompanied by, the following:
Terms Used In North Dakota Code 26.1-17.1-03
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Partnership: includes a limited liability partnership registered under chapter 45-22. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Verified: means sworn to before an officer authorized to administer oaths. See North Dakota Code 1-01-42
1. A copy of the applicant’s basic organizational document, such as the articles of incorporation, articles of association, partnership agreement, trust agreement, or other applicable documents and all amendments to such documents.
2. A copy of all bylaws, rules and regulations, or similar documents, if any, regulating the conduct of the applicant’s internal affairs.
3. A list of the names, addresses, official positions, and biographical information of the individuals who are responsible for conducting the applicant’s affairs, including all members of the board of directors, board of trustees, executive committee, or other governing board or committee, the principal officers, and any person or entity owning or having the right to acquire ten percent or more of the voting securities of the applicant, and the partners or members in the case of a partnership or association.
4. A statement generally describing the applicant, its facilities, personnel, and the limited health service or services to be offered.
5. A copy of the form of any contract made or to be made between the applicant and any providers regarding the provision of limited health services to enrollees.
6. A copy of the form of any contract made or to be made between the applicant and any person listed in subsection 3.
7. 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 functions, including the following:
a. Marketing and enrollment. b. Administration.
c. Investment management.
d. Subcontracting for the provision of the limited health service to enrollees.
8. A copy of the form of any contract which is to be issued to employers, unions, trustees, or other organizations or individuals and a copy of any form of evidence of coverage to be issued to subscribers or enrollees.
9. A copy of the applicant’s most recent financial statements audited by independent certified public accountants. If the financial affairs of the applicant’s parent company are audited by independent certified public accountants but those of the applicant are not, then a copy of the most recent audited financial statement of the applicant’s parent company, certified by an independent certified public accountant, attached to which will be consolidating financial statements of the applicant, satisfies this requirement unless the commissioner determines that additional or more recent financial information is required for the proper administration of this chapter.
10. A copy of the applicant’s financial plan, including a three-year projection of anticipated operating results, a statement of the sources of working capital, and any other sources of funding and provisions for contingencies.
11. A schedule of rates and charges.
12. A description of the proposed method of marketing.
13. A statement acknowledging that all lawful process in any legal action or proceeding against the applicant on a cause of action arising in this state is valid if served upon the commissioner.
14. A description of the complaint procedures to be established and maintained as required under section 26.1-17.1-12.
15. A description of the quality assessment and utilization review procedures to be utilized by the applicant.
16. A description of how the applicant will comply with section 26.1-17.1-17.
17. The fee for issuance of a certificate of authority provided in section 26.1-17.1-23.
18. Such other information as the commissioner may reasonably require to make the determinations required by this chapter.