There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
Subtitle 38. Health Maintenance Organizations
304.38.040 Establishment of health maintenance organizations.
Download pdfhealth maintenance organization in compliance with this subtitle. (2) Health maintenance organizations which are corporations may be organized by applying the provisions of KRS Chapter 271B, if for profit, and KRS Chapter 273,
if for nonstock, nonprofit, to the extent that the same are not inconsistent with the
express provisions of this subtitle. (3) Each application for a certificate of authority shall be submitted to the commissioner upon a form prescribed by the commissioner and shall set forth or be
accompanied by:
(a) Evidence that the applicant has been issued a certificate of need in accordance with the provisions of KRS Chapter 216B or evidence that no certificate of
need is required by KRS Chapter 216B; (b) Articles of incorporation, articles of organization, partnership agreement, or other applicable documents in quadruplicate, acknowledged and verified by
the applicant; (c) The initial bylaws, operating agreement, or other equivalent documents of the organization in triplicate, or any other similar documents; (d) A statement which shall include describing the health maintenance organization:
1. The health services to be offered; 2. The financial risks to be assumed; 3. The initial geographic area to be served; 4. Pro forma financial projections for the first three (3) years of operations
including the assumptions the projections are based upon; 5. The sources of working capital and funding; 6. A description of the persons to be covered by the health maintenance
organization; 7. Any proposed reinsurance arrangements; 8. Any proposed management, administrative, or cost-sharing arrangements; and 9. A description of the health maintenance organization's proposed method
of marketing; (e) The names, addresses, and positions of the initial board of directors, board of trustees, or other governing body responsible for the conduct of the affairs of
the applicant; (f) Any proposed evidence of coverage to be issued by the applicant to individuals, enrollees, groups, or other contract holders; and (g) Evidence of financial responsibility as provided in KRS 304.38-060. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1500, effective July 15, 2010; and repealed and reenacted ch. 51, sec. 136, effective July 15, 2010. -- Amended 2007
Ky. Acts ch. 137, sec. 136, effective June 26, 2007. -- Amended 2002 Ky. Acts
ch. 105, sec. 32, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 427, sec. 3,
effective July 14, 2000. -- Amended 1986 Ky. Acts ch. 437, sec. 26, effective July
15, 1986. -- Amended 1980 Ky. Acts ch. 135, sec. 31, effective July 15, 1980. --
Created 1974 Ky. Acts ch. 357, subtit. 38, sec. 4, effective June 21, 1974. Legislative Research Commission Note (7/15/2010). This section was amended by 2010 Ky. Acts ch. 24 and repealed and reenacted by 2010 Ky. Acts ch. 51. These
Acts do not appear to be in conflict and have been codified together pursuant to 2010
Ky. Acts ch. 51, sec. 184. Legislative Research Commission Note (7/15/2010). 2010 Ky. Acts ch. 51, sec. 183, provides, "The specific textual provisions of Sections 1 to 178 of this Act which
reflect amendments made to those sections by 2007 Ky. Acts ch. 137 shall be deemed
effective as of June 26, 2007, and those provisions are hereby made expressly
retroactive to that date, with the remainder of the text of those sections being
unaffected by the provisions of this section."
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.