2021 Kentucky Revised Statutes
Chapter 304 - Insurance code
Subtitle 304.38 - Health Maintenance Organizations
304.38-075 Requirements for transfer of risk to provider -- Additional reserves may be required.


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304.38-075 Requirements for transfer of risk to provider -- Additional reserves may be required. (1) (2) Any health maintenance organization that contracts with a provider or provider organization for the transfer of risk to the provider shall take reasonable steps to ensure the transferee is able to accept and manage the risk to be transferred. The health maintenance organization shall submit a plan for evaluating a provider's or provider organization's ability to accept and manage risk to the department for approval at least forty-five (45) days prior to the proposed date of the transfer of any risk. If a health maintenance organization transfers risk to a provider: (a) Not in compliance with the standards listed in its approved plan; or (b) Prior to filing or receiving approval of its plan; the commissioner may require the health maintenance organization to retain additional reserves to cover the risk transferred. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1505, effective July 15, 2010. -- Created 2000 Ky. Acts ch. 255, sec. 3, effective July 14, 2000.
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