Title XXIII — CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS

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…

354.300. Certificate of authority suspended or revoked, when. — Other provisions of law notwithstanding, the director may suspend or revoke, after a hearing, the certificate of authority or license of any corporation subject to the provisions of sections 354.010 to 354.380 for th…

354.305. Corporation advertising assets also to show liabilities — penalties. — 1. Whenever any corporation subject to the provisions of sections 354.010 to 354.380 doing business in this state advertises its assets, either in any newspaper or periodical, or by any sign, circular…

354.315. Data processing system authorized, cost, amount allowed — amortization not to exceed ten years. — Notwithstanding any prohibitions or restrictions contained in the statutes, any corporation subject to the provisions of sections 354.010 to 354.380 may acquire by purchase …

354.320. Corporate funds and securities use for private gain by officers and employees prohibited, penalty. — No officer, enrollment representative or employee of any corporation subject to the provisions of sections 354.010 to 354.380, formed under the laws of this state, or doi…

354.325. Investigation by director of investments — records to be kept by division — criminal action, when. — 1. The director of the department of commerce and insurance shall, as often as he may deem proper, make careful inquiry and investigation as to the manner in which the mo…

354.330. Public official failing to perform duties as to investment violations, penalty. — Any public official failing, neglecting or refusing to comply with any of the provisions of sections 354.320 and 354.325 shall be deemed guilty of a misdemeanor, and, upon conviction, shall…

354.335. Damages allowed if corporation without reasonable cause refuses to pay. — In any action against any corporation subject to the provisions of sections 354.010 to 354.380 to recover the amount of any loss under a policy of health insurance, if it appears from the evidence …

354.340. Unsatisfied judgments against corporation — suspension or revocation of certificate of authority until judgment satisfied. — Whenever any judgment shall be obtained in any of the courts of this state against any corporation subject to the provisions of sections 354.010 t…

354.345. Court decree of specific performance — membership contract, failure of corporation to comply, procedure, effect. — Any person, who has heretofore obtained or may hereafter obtain, in any of the courts of this state, a decree against any corporation subject to the provisi…

354.350. Fraudulent or bad faith conduct — investigation by division — hearing, procedure. — 1. It is unlawful for any corporation subject to the provisions of sections 354.010 to 354.380 transacting business in this state to: (1) Conduct its business fraudulently; (2) Fail to ca…

354.355. Injunctions, permanent or temporary, grounds, procedure — dissolution of corporation or rehabilitation, procedure. — Whenever it shall appear to the director of the department of commerce and insurance, from any examination made by himself, or from the report of a person…

354.357. Receivership, grounds, procedure. — 1. Whenever the director institutes proceedings under section 354.355, he may also institute proceedings in the same case for receivership for any organization or corporation having the exclusive or dominant right to manage or control …

354.362. Newborn child coverage required — notice of birth, when, effect. — The provisions of section 376.406 shall apply to all health services corporations subject to the provisions of sections 354.010 to 354.380. ­­-------- (L. 1983 H.B. 127)

354.380. Certain provisions of insurance law to be applicable. — The provisions of sections 375.936 and 376.770 to 376.800 shall apply to all health services corporations subject to the provisions of sections 354.010 to 354.380. ­­-------- (L. 1983 H.B. 127)

354.400. Definitions. — As used in sections 354.400 to 354.636, the following terms shall mean: (1) "Basic health care services", health care services which an enrolled population might reasonably require in order to be maintained in good health, including, as a minimum, emergenc…

354.405. Certificate of authority, who may make application — foreign corporation may qualify, requirements — procedure. — 1. Notwithstanding any law of this state to the contrary, any person may apply to the director for a certificate of authority to establish and operate a heal…

354.407. PACE projects not deemed health maintenance organizations, when. — Notwithstanding the provisions of section 354.405 to the contrary, a program for all-inclusive care for the elderly (PACE) project sponsored by a religious or charitable organization that is itself or is …

354.410. Certificate issued, when — annual deposit, requirements — capital account, amount, contents. — 1. The director shall issue or deny a certificate of authority to any person filing an application pursuant to section 354.405. Issuance of a certificate of authority may then …

354.415. Powers of organization. — 1. The powers of a health maintenance organization include, but are not limited to, the power to: (1) Purchase, lease, construct, renovate, operate, and maintain hospitals, medical facilities, or both, and their ancillary equipment, and such pro…

354.420. Advisory panels to afford enrollees participation in policy decisions. — The governing body of each health maintenance organization shall establish a mechanism to afford the enrollees an opportunity to participate in matters of policy and operation through the establishm…

354.425. Bonding of officers who disburse or invest funds — bond requirements. — Any director, officer or partner of a health maintenance organization who receives, collects, disburses, or invests funds in connection with the activities of such organization shall be fiduciaries o…

354.430. Evidence of coverage, requirements — rights of enrollee — toll-free telephone number required. — 1. Every enrollee residing in this state is entitled to evidence of coverage. If the enrollee obtains coverage through an insurance policy or a contract issued by a health se…

354.435. Annual reports filed with director, when — content — forms. — 1. Every health maintenance organization shall annually, on or before March first, file a report, verified by at least two principal officers, with the director, covering its preceding calendar year. 2. Such r…

354.440. Information to be available to enrollees. — Every health maintenance organization shall make available to its enrollees: (1) The most recent annual statement of financial condition, including a balance sheet and summary of receipts and disbursements; (2) A description of…

354.441. Disclosures to subscribers shall not be prohibited or restricted. — No health maintenance organization plan, medical group/staff model, independent practice association or any other entity shall prohibit or restrict any provider from disclosing to any subscriber, enrolle…

354.442. Disclosure information to enrollees required, when. — 1. Each enrollee, and upon request each prospective enrollee prior to enrollment, shall be supplied with written disclosure information. In the event of any inconsistency between any separate written disclosure statem…

354.443. Financial disclosures to the department required by health maintenance organizations, when. — 1. A health maintenance organization shall disclose to the department of commerce and insurance all financial arrangements, financial interest in, or contractual provisions with…

354.444. Administrative orders for violations — voluntary forfeitures, civil actions. — 1. If the director determines that a person has engaged, is engaged in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of se…

354.445. Complaints by enrollees, organization to establish system. — Every health maintenance organization shall establish and maintain a complaint system which provides reasonable procedures for the resolution of written complaints initiated by enrollees. ­­-------- (L. 1983 H.…

354.450. Investments authorized. — With the exception of investments made in accordance with subdivisions (1) and (2) of subsection 1 of section 354.415 and subsection 2 of section 354.415, the investable funds of a health maintenance organization shall be invested only in securi…

354.455. Deposit required, how made. — Unless otherwise provided in sections 354.400 to 354.636, each health maintenance organization shall deposit with the director, or with any organization or trustee acceptable to him through which a custodial or controlled account is utilized…

354.460. Advertising not to be untrue or misleading — deceptive solicitation — prohibited — how determined. — No health maintenance organization, or representative thereof, may cause or knowingly permit the use of advertising which is untrue or misleading, solicitation which is u…