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Section: 354.0415 Powers Of Organization. Rsmo 354.415


Published: 2015

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Missouri Revised Statutes













Chapter 354

Health Services Corporations--Health Maintenance Organizations--Prepaid Dental Plans

←354.410

Section 354.415.1

354.420→

August 28, 2015

Powers of organization.

354.415. 1. The powers of a health maintenance organization include,

but are not limited to, the power to:



(1) Purchase, lease, construct, renovate, operate, and maintain

hospitals, medical facilities, or both, and their ancillary equipment, and

such property as may reasonably be required for the organization's

principal office or for such other purposes as may be necessary in the

transaction of the business of the organization;



(2) Make loans to a medical group under contract with it in

furtherance of its program, or to make loans to any corporation under its

control for the purpose of acquiring or constructing medical facilities and

hospitals or in the furtherance of a program providing health care services

to enrollees;



(3) Furnish health care services through providers which are under

contract with, or employed by, the health maintenance organization;



(4) Contract with any person for the performance, on the

organization's behalf, of certain functions such as marketing, enrollment,

and administration;



(5) Contract with an insurance company licensed in this state, or

with a health services corporation authorized to do business in this state,

for the provision of insurance, indemnity, or reimbursement against the

cost of health care services provided by the health maintenance

organization;



(6) Offer, in addition to basic health care services:



(a) Additional health care services;



(b) Indemnity benefits covering out-of-area or emergency services;

and



(c) Indemnity benefits, in addition to those relating to out-of-area

and emergency services, provided through insurers or health services

corporations;



(7) Offer as an option one or more health benefit plans which contain

deductibles, coinsurance, coinsurance differentials, or variable

co-payments. Health benefit plans offered under this section that contain

deductibles shall be permitted only when combined with any health savings

account or health reimbursement account as described in the Medicare Reform

Act, P.L. No. 108-173, Title XII, Section 1201, provided that:



(a) The total out-of-pocket expenses paid for the receipt of basic

health services under the plan shall not exceed the annual contribution

limits for health savings accounts as determined by the Internal Revenue

Service;



(b) The health savings account or health reimbursement account must

be funded at a level equal to or greater than the out-of-pocket maximum

limits defined for the high deductible health plan; and



(c) A distribution from the health savings account or health

reimbursement account to pay a health care provider for a qualified medical

expense is made within thirty days of the submission of a claim.



2. Prior to the exercise of any power granted in subdivision (1) or

(2) of subsection 1 of this section, involving an amount in excess of five

hundred thousand dollars, a health maintenance organization shall file

notice, with adequate supporting information, with the director. The

director shall disapprove such exercise of power if, in his opinion, it

would substantially and adversely affect the financial soundness of the

health maintenance organization and endanger its ability to meet its

obligations. If the director does not disapprove such exercise of power

within sixty days of the filing, it shall be deemed approved.



3. The director may exempt from the filing requirement of subsection

2 of this section those activities having minimal effect.



(L. 1983 H.B. 127, A. L. 2013 S.B. 262)





1991



1991



354.415. 1. The powers of a health maintenance organization include, but

are not limited to, the power to:



(1) Purchase, lease, construct, renovate, operate, and maintain

hospitals, medical facilities, or both, and their ancillary equipment, and

such property as may reasonably be required for the organization's principal

office or for such other purposes as may be necessary in the transaction of

the business of the organization;







(2) Make loans to a medical group under contract with it in furtherance

of its program, or to make loans to any corporation under its control for the

purpose of acquiring or constructing medical facilities and hospitals or in

the furtherance of a program providing health care services to enrollees;







(3) Furnish health care services through providers which are under

contract with, or employed by, the health maintenance organization;







(4) Contract with any person for the performance, on the organization's

behalf, of certain functions such as marketing, enrollment, and

administration;







(5) Contract with an insurance company licensed in this state, or with a

health services corporation authorized to do business in this state, for the

provision of insurance, indemnity, or reimbursement against the cost of

health care services provided by the health maintenance organization;







(6) Offer, in addition to basic health care services:







(a) Additional health care services;







(b) Indemnity benefits covering out-of-area or emergency services; and







(c) Indemnity benefits, in addition to those relating to out-of-area and

emergency services, provided through insurers or health services corporations.







2. Prior to the exercise of any power granted in subdivision (1) or (2)

of subsection 1 of this section, involving an amount in excess of five

hundred thousand dollars, a health maintenance organization shall file

notice, with adequate supporting information, with the director. The

director shall disapprove such exercise of power if, in his opinion, it would

substantially and adversely affect the financial soundness of the health

maintenance organization and endanger its ability to meet its obligations. If

the director does not disapprove such exercise of power within sixty days of

the filing, it shall be deemed approved.







3. The director may exempt from the filing requirement of subsection 2

of this section those activities having minimal effect.







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