Required Deposit

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Sec. 17. (a) Each limited service health maintenance organization shall deposit in a joint-name account with:

(1) the commissioner; or

(2) any bank or bank and trust company or other financial institution acceptable to the commissioner through which a custodial or controlled account is used;

cash, securities acceptable to the commissioner, or any combination of these, in an amount equal to fifty thousand dollars ($50,000).

(b) For the purposes of section 16 of this chapter:

(1) a deposit made by an organization under this section shall be treated as an admitted asset of the organization in the determination of net worth; and

(2) all income from deposits of an organization under this section shall be an asset of the organization.

(c) An organization may withdraw:

(1) a deposit made under this section; or

(2) any part of the deposit;

after making a substitute deposit of equal amount and value.

(d) Any obligations of the United States government deposited with the commissioner under this section must be approved by the commissioner before being substituted under subsection (c).

(e) The deposit made by a limited service health maintenance organization under this section shall be used to protect the interest of the enrollees of the organization and to assure continuation of limited health care services to enrollees of a limited service health maintenance organization that is in rehabilitation or conservation.

(f) If a limited service health maintenance organization is placed in rehabilitation or liquidation, the deposit made by the organization under this section shall be an asset subject to IC 27-9.

(g) The commissioner is not required to but may reduce or eliminate the deposit requirement of this section for a limited service health maintenance organization if the organization:

(1) has made an acceptable deposit with the state or jurisdiction in which the organization is domiciled for the protection of all enrollees, wherever located; and

(2) delivers to the commissioner a certificate to that effect, authenticated by the appropriate state official holding the deposit.

As added by P.L.26-1994, SEC.25.


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