Title XXIII — CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS

354.010. Definitions. — As used in sections 354.010 to 354.380, unless the context clearly indicates otherwise, the following terms mean: (1) "Corporation", a domestic health services corporation subject to the provisions of sections 354.010 to 354.380; (2) "Director", the direct…

354.015. Health services corporations, laws applicable to — exceptions. — All health services corporations heretofore or hereafter organized shall be subject to the provisions of sections 354.010 to 354.380, to the provisions of the other laws of this state which are specifically…

354.020. Preexisting health services corporation to amend articles, effect of. — 1. Any health services corporation heretofore organized under the provisions of either chapter 352 or chapter 355 shall amend its articles of incorporation to comply with the provisions of sections 3…

354.025. Corporate purposes and authority. — A health services corporation may be organized for the purposes of establishing and operating a voluntary, nonprofit plan or plans under which hospital care, medical-surgical care, and other health care and services, or reimbursement t…

354.027. Discrimination in coverage or reimbursement for covered service by licensed persons, prohibited. — A health services corporation which provides its members or beneficiaries with coverage for certain services, or reimbursement therefor, shall provide such coverage or reim…

354.030. For-profit corporations excluded from act. — No group, association or organization created for or engaged in business or activity for profit, provision for the incorporation of which is made by any of the corporation laws of this state, shall be organized or operate, dir…

354.035. Procedure for organization of corporation. — A health services corporation may be organized in the manner provided for the organization of a general not-for-profit corporation in chapter 355 by filing articles of incorporation in triplicate in the office of the secretary…

354.040. Articles of incorporation, required information and contents. — In addition to the contents required or permitted by chapter 355, the articles of incorporation of a health services corporation shall comply with the following: (1) The name of the corporation shall not inc…

354.045. Issuance of certificate, effect of. — Upon the issuance of the certificate of incorporation by the secretary of state, the corporate existence shall begin, and such certificate of incorporation shall be conclusive evidence, except against the state, that all conditions p…

354.050. General powers of corporation. — The corporation shall have all the powers, rights and privileges of a corporation organized under chapter 355, except insofar as such provisions are inconsistent with the provisions of sections 354.010 to 354.380, but it shall not commenc…

354.055. Certificate of authority required — expiration of, extended how. — No corporation subject to the provisions of this chapter shall commence operations or transact any business in this state unless it shall first procure from the director of the department of commerce and …

354.060. Director to issue certificate, when. — 1. The director of the department of commerce and insurance shall determine that all the requirements of sections 354.010 to 354.380 for commencement of business have been complied with, and upon such determination shall issue to th…

354.065. Articles of incorporation, how amended — copy to director, when. — A corporation may amend its articles of incorporation from time to time in the manner provided in chapter 355 and shall file a duly certified copy of its certificate of amendment with the director of the …

354.070. Certificate of authority automatically extended, when. — When the annual statement of a corporation subject to the provisions of sections 354.010 to 354.380 is filed and all fees due from the corporation are tendered, the corporation's certificate of authority to do busi…

354.075. Capital required to do business. — No corporation subject to the provisions of sections 354.010 to 354.380 shall be permitted to do business in this state unless it shall have a paid-in capital or guaranty fund of not less than one hundred and fifty thousand dollars, in …

354.080. Reserves required, how computed. — The corporation shall maintain at all times reserves adequate to provide the hospital, medical-surgical and other health services made available to its members and beneficiaries and to meet all its costs and expenses. The reserves shall…

354.085. Membership contract forms, approval by director, when — time for filing — time for disapproval. — No corporation subject to the provisions of sections 354.010 to 354.380 shall deliver or issue for delivery in this state a form of membership contract, or any endorsement o…

354.090. Health services corporation contracts, purposes, parties to. — 1. A corporation subject to the provisions of sections 354.010 to 354.380 may enter into contracts for the rendering of hospital services, medical-surgical services and other health services on behalf of its …

354.095. Limitation of membership and benefits — certain benefits to be provided, when. — 1. A corporation subject to the provisions of sections 354.010 to 354.380 may, in the discretion of its board of directors, limit or define the classes of persons who shall be eligible to be…

354.105. Annual report required, contents of. — All corporations subject to the provisions of sections 354.010 to 354.380 shall make and file annually with the director on or before the first day of March of each year a report under oath upon a form to be prescribed by the direct…

354.115. Member's grievance, how and where filed — director may investigate, court action not barred. — Any individual member of a corporation subject to the provisions of sections 354.010 to 354.380 who believes himself to be aggrieved by any act or omission of such corporation …

354.120. Rules and regulations by director authorized — procedure, review. — The director may promulgate such reasonable rules and regulations not inconsistent with the provisions of sections 354.010 to 354.380 as he shall deem necessary for its proper administration, pursuant to…

354.125. Corporation not liable for injuries resulting from medical services rendered members. — A health services corporation shall not be liable for injuries resulting from neglect, misfeasance, malfeasance or malpractice on the part of any person, organization, agency or corpo…

354.130. Exemption from certain taxes, exceptions. — Every health services corporation shall be exempt from all taxes with respect to its membership dues or fees and other income, and shall be exempt from all franchise taxes and license fees except as otherwise specified in secti…

354.140. Dissolution, liquidation or rehabilitation of corporation, procedure for. — Any dissolution, liquidation, or rehabilitation of a corporation subject to the provisions of sections 354.010 to 354.380 shall be instituted and carried out pursuant to the provisions of chapter…

354.145. Appeal from director's actions or decisions, how taken. — Every final administrative action or decision of the director under sections 354.010 to 354.380 shall be subject to judicial review under and in accordance with the administrative procedure and review law of this …

354.150. Fees — waiver, when. — 1. Every health services corporation subject to the provisions of sections 354.010 to 354.380 shall pay to the director the fees specified in section 374.230. 2. Fees mandated in subdivision (1) of section 374.230 shall be waived if a majority shar…

354.152. Premiums, dues or fees subject to restrictions — violation, hearing — order prohibiting. — Premiums, dues or fees made by each corporation shall be subject to the following provisions: (1) Premiums, dues or fees shall not be excessive or inadequate, as herein defined, no…

354.155. Disclaimer as to nonhealth services corporations. — Nothing contained in sections 354.010 to 354.380 shall affect the right to organize a corporation under chapter 352 or chapter 355 or the powers or rights of corporations organized pursuant thereto which are not health …

354.165. Certain organizations exempt. — The provisions of sections 354.010 to 354.380 or of any law relating to insurance shall not apply to any labor organization's health plan providing services established and maintained solely for its members and their immediate families, or…

354.175. Wage continuation plans by employer exempt. — Provisions of sections 354.010 to 354.380 or of any law relating to insurance shall not apply to any employer's plan to insure the continued payment of wages or like compensation to employees during periods of sickness or dis…

354.180. Administrative order, director to issue, when. — 1. If the director determines that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of sections 354.010 to 354.380 or …

354.190. Examinations, procedures. — 1. The director shall examine and inquire into all violations of the laws of the state applicable to corporations subject to the provisions of sections 354.010 to 354.380, and examine the financial condition, affairs and management of any corp…

354.195. Records of examination, duty to keep. — Said director shall keep and preserve in a permanent form a full record of his proceedings, including a concise statement of the condition of every corporation subject to the provisions of sections 354.010 to 354.380 whose affairs …

354.200. Examinations, false testimony, penalty. — 1. Any person testifying falsely in reference to any matter material to the investigation, examination or inquiry shall, upon conviction thereof, be deemed guilty of a class A misdemeanor, punishable as provided by law. 2. Any pe…

354.205. Examinations — costs, how paid. — 1. The expenses of any proceedings concerning, or examinations of, a corporation subject to the provisions of sections 354.010 to 354.380, conducted by the department of commerce and insurance shall be assessed by the director upon the c…

354.207. Second medical opinion to be allowed by health services corporations, procedure, costs. — 1. A health services corporation shall allow enrollees to seek a second medical opinion or consultation from a willing second physician at no additional cost to the enrollee beyond …

354.210. Director may seek relief, when. — If the director has reason to believe that any health services corporation is in such financial condition that the assumption of additional obligations would be hazardous to its members or the general public, the director may issue order…

354.215. Examiner's sick leave to apply to health services corporations. — The provisions of sections 374.261 to 374.269, which relate to the insurance examiner's sick leave fund, shall apply to health services corporations certified to operate in this state in the same manner as…

354.220. Director may bring suit to recover fees or sums. — 1. The director may bring suit to recover any fees or other sums which he is authorized by law to demand or collect. 2. Any corporation subject to the provisions of sections 354.010 to 354.380 or person liable for any fe…

354.225. Enrollment representative, defined — annual report to furnish information — solicitors of members to be insurance agent or broker, exception. — 1. Any employee of a corporation subject to the provisions of sections 354.010 to 354.380 who, for compensation, solicits membe…

354.230. License required for enrollment representative. — No person shall act in this state as an enrollment representative unless he is licensed by the director as provided in this chapter. ­­-------- (L. 1983 H.B. 127)

354.235. Enrollment representative — license issued when, qualifications. — 1. The director shall issue a license to any natural person who is at least eighteen years of age, and has complied with the requirements of sections 354.010 to 354.380, authorizing the licensee to act as…

354.240. Nonresident may be licensed — examination waived, when. — 1. A person not a legal resident of this state may be licensed to act in this state as an enrollment representative upon compliance with the provisions of this chapter provided that the state in which the person r…

354.265. Nonrenewable temporary license issued, when. — A nonrenewable temporary license may be issued for a period not to exceed ninety days in cases where an applicant has theretofore filed a completed application for a license, has secured an appointment by a corporation subje…

[Repealed or reserved.]

354.280. Officers of corporation found to be of known bad character or incompetent — authority to transact business, effect. — The director shall not grant or continue authority to transact insurance in this state as to any corporation subject to the provisions of sections 354.01…

354.285. Management agreements to control corporation, notice to department, when — examination requirements — violations. — 1. All agreements or contracts under which any person, organization or corporation enjoys in fact the exclusive or dominant right to manage or control any …

354.290. Examiner's duties — examination contents — hearing on reports allowed — publication of report, when. — 1. Every examiner shall make a full and true report of every examination made by him, verified by his oath, which examination shall comprise only facts appearing upon t…

354.295. Certificate of authority not to be issued if controlling management involved in improper actions. — The director shall not approve any declaration of organization or articles of incorporation or issue a certificate of authority to any company until he has found that ther…