2012 Pennsylvania Consolidated Statutes
Title 40 - INSURANCE
Chapter 61 - Hospital Plan Corporations
Section 6102 - Certification of hospital plan corporations

     § 6102.  Certification of hospital plan corporations.
        (a)  General rule.--A corporation not-for-profit incorporated
     for the purpose of establishing, maintaining and operating a
     nonprofit hospital plan shall not commence business until it
     shall have received from the department a certificate of
     authority authorizing the corporation to establish, maintain and
     operate such a nonprofit hospital plan.
        (b)  Exemption.--The provisions of subsection (a) of this
     section shall not apply to any nonprofit corporation
     incorporated with the approval of the department under the
     former provisions of section 218 of the Nonprofit Corporation
     Law of 1933. For the purposes of this chapter such a corporation
     shall be deemed to be a holder of a certificate of authority
     issued under this section.
        (c)  Form of application.--Every application for a
     certificate of authority under this section shall be made to the
     department in writing and shall be in such form and contain such
     information as the regulations of the department may require.
        (d)  Standards for issuance of certificate.--A certificate of
     authority shall be issued by order of the department only if and
     when the department shall find and determine that the
     application complies with the provisions of this chapter and the
     regulations of the department thereunder.
        (e)  Procedure before department.--For the purpose of
     enabling the department to make the finding or determination
     required by subsection (d) of this section, the department, by
     publication of notice in the Pennsylvania Bulletin, shall afford
     reasonable opportunity for hearing, which shall be public, and,
     before or after any such hearing, it may make such inquiries,
     audits and investigations, and may require the submission of
     such supplemental studies and information, as it may deem
     necessary or proper to enable it to reach a finding or
     determination. The department, in granting a certificate of
     authority, may impose such conditions as it may deem to be just
     and reasonable. In every case the department shall make a
     finding or determination in writing, stating whether or not the
     application has been approved, and, if it has been approved in
     part only, specifying the part which has been approved and the
     part which has been denied. Any holder of a certificate of
     authority, exercising the authority conferred thereby, shall be
     deemed to have waived any and all objections to the terms and
     conditions of such certificate.
        (f)  Judicial review.--Orders of the department upon an
     application for a certificate of authority under this section
     shall be subject to judicial review in the manner and within the
     time provided by law.

        Cross References.  Section 6102 is referred to in sections
     6124, 6304, 6329 of this title.

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