The requirement of subdivision 58-41-17(5) shall not prohibit a health maintenance organization from obtaining insurance or making other arrangements:

(1) For the cost of providing to any enrollee comprehensive health maintenance services, the aggregate value of which exceeds five thousand dollars in any year;

(2) For the cost of providing comprehensive health care services to its members on a nonelective emergency basis, or while they are outside the area served by the organization; or

(3) For not more than ninety–five percent of the amount by which the health maintenance organization’s costs for any of its fiscal years exceeds one hundred five percent of its income for such fiscal years.

Source: SL 1974, ch 321, § 10 (5).