(1) Except for sections 10-1-102, 10-1-116, 10-1-117, 10-1-118, 10-3-128, and 10-3-208, part 2 of article 1 of this title, and parts 4 to 8 of article 3 of this title, and as otherwise provided in this article, the provisions of the insurance law and provisions of nonprofit hospital, medical-surgical, and health service corporation laws shall not be applicable to any health maintenance organization granted a certificate of authority under this part 4.
(2) Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, shall not be construed as violating any provision of law relating to solicitation or advertising by health professionals; but such health professionals shall be individually subject to the laws, rules and regulations, and ethical provisions governing their individual profession.
(3) Any health maintenance organization authorized under part 1 of this article and this part 4 shall not be deemed to be practicing medicine and shall be exempt from the provisions of laws relating to the practice of medicine.
Source: L. 92: Entire article R&RE, p. 1712, � 1, effective July 1; (1) amended, p. 1600, � 127, effective July 1. L. 94: (1) amended, p. 1630, � 30, effective May 31. L. 97: (1) amended, p. 93, � 4, effective March 24. L. 99: (1) amended, p. 84, � 4, effective July 1. L. 2001: (1) amended, p. 287, � 13, effective March 30; (1) amended, p. 1050, � 34, effective July 1. L. 2003: (1) amended, p. 618, � 19, effective July 1. L. 2004: (1) amended, p. 991, � 13, effective August 4. L. 2013: (1) amended, (HB 13-1115), ch. 338, p. 1972, � 12, effective March 31, 2015. L. 2014: (1) amended, (HB 14-1315), ch. 295, p. 1218, �� 9, 10, effective January 1, 2015. L. 2016: (1) amended, (SB 16-189), ch. 210, p. 757, � 17, effective June 6.
Editor's note: (1) This section is similar to former � 10-17-125 as it existed prior to 1992.
(2) Amendments to subsection (1) by House Bill 01-1064 and House Bill 01-1319 were harmonized.
10-16-421.5. Acquisition of control of or merger of a health maintenance organization. No person may make a tender for or a request or invitation for tenders of, or enter into an agreement to exchange securities for or acquire in the open market or otherwise, any voting security of a health maintenance organization or enter into any other agreement if, after the consummation thereof, that person would, directly or indirectly, (or by conversion or by exercise of any right to acquire) be in control of the health maintenance organization, and no person may enter into an agreement to merge or consolidate with or otherwise to acquire control of a health maintenance organization, unless, at the time any offer, request, or invitation is made or any agreement is entered into, or prior to the acquisition of the securities if no offer or agreement is involved, the person has filed with the commissioner and has sent to the health maintenance organization information required by sections 10-3-801, 10-3-802, 10-3-803 (2) to (11), and 10-3-803.5 and the offer, request, invitation, agreement, or acquisition has been approved by the commissioner.
Source: L. 92: Entire section added, p. 1600, � 128, effective July 1. L. 2014: Entire section amended, (SB 14-152), ch. 312, p. 1354, � 3, effective July 1.