Filing notice with commissioner before exercising power; disapproval of exercise of power; exemptions from filing requirement

Sec. 3. (a) A domestic health maintenance organization must file notice with the commissioner, with supporting information that the commissioner deems adequate, before exercising any power granted in: (1) section 1(a)(1); or (2) section 1(a)(4); of this chapter if the proposed transaction is equal to or greater than ten percent (10%) of the health maintenance organization's admitted assets. (b) A domestic health maintenance organization must file notice with the commissioner, with the supporting information that the commissioner deems adequate, before exercising any power granted in section 1(a)(2), if the proposed transaction is equal to or greater than three percent (3%) of the health maintenance organization's admitted assets. (c) The commissioner may disapprove an exercise of power referred to in a notice received under subsection (a) or (b) only if, in the opinion of the commissioner, the exercise of the power would: (1) substantially and adversely affect the financial soundness of the health maintenance organization; and (2) endanger the ability of the health maintenance organization to meet its obligations. (d) If the commissioner does not disapprove an exercise of power referred to in a notice received under subsection (a) or (b) within thirty (30) days after the notice is filed with the commissioner, the exercise of power is considered approved. (e) The commissioner may adopt rules under IC 4-22-2 exempting from the filing requirement of this section certain activities that have a minimal effect on: (1) the financial soundness of the health maintenance organization; and (2) the ability of the health maintenance organization to meet its obligations.