North Dakota Code 26.1-53.1-03 – Registration requirements for a discount plan organization – Fees
1. Before doing business in or from this state as a discount plan organization, a discount plan organization:
Terms Used In North Dakota Code 26.1-53.1-03
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- Service of process: The service of writs or summonses to the appropriate party.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- year: means twelve consecutive months. See North Dakota Code 1-01-33
a. Must be authorized to transact business in this state through the secretary of state; and
b. Must be registered by the commissioner to operate as a discount plan organization.
2. An application for registration under this chapter must be filed with the commissioner on a form prescribed by the commissioner.
3. The application must demonstrate, set forth, or be accompanied by the following:
a. The five hundred dollar application fee; b. A list of the names, addresses, official positions, and biographical information of each individual responsible for conducting the applicant’s affairs, including each:
(1) Member of the board of directors, board of trustees, executive committee, or other governing board or committee; and
(2) Officer; c. A copy of the form of any contract made or arrangement to be made between the applicant and any individual listed in subdivision b; d. All marketing materials to be used in connection with marketing a discount plan in this state; e. A description of member complaint procedures to be established and maintained by the applicant; f. A copy of the applicant’s cancellation and refund policy; g. The name and address of the applicant’s agent for service of process, notice, or demand, or if not domiciled in this state, a duly executed instrument appointing the commissioner and the commissioner’s successors, the applicant’s attorney upon whom all process in any action or proceeding against the applicant may be served; and
h. Any other information the commissioner may reasonably require.
4. The department may request a copy of the form of all contracts to be made or sold in this state or to be made between the applicant and any providers or provider networks regarding provision of medical or ancillary services to members.
5. The department may request a copy of the form of any contract between the applicant and any person or other entity for the performance on the applicant’s behalf of any function, including marketing, administration, enrollment, investment management, and contracting for the provision of medical or ancillary services to cardholders.
6. After the receipt of an application filed pursuant to this section, the commissioner shall review the application and notify the applicant of any deficiencies in the application.
7. After receipt of a completed application, the commissioner shall:
a. Register the applicant as a discount plan if the commissioner is satisfied the applicant has met the following:
(1) The requirements of this section; and
(2) The ownership, control, and management of the applicant are competent and trustworthy and possess managerial experience that would make the proposed operation of the discount plan organization beneficial to discount plan members; or
b. Deny the registration application and state the grounds for denial.
8. Registration is effective for one year, unless before expiration the registration is renewed in accordance with this subsection or suspended or revoked in accordance with section 26.1-53.1-12.
9. Not later than March first of each year, the discount plan organization shall submit:
a. Updated information to anything provided pursuant to subsections 3, 4, and 5 and section 26.1-53.1-23; and
b. The renewal fee of two hundred fifty dollars.
10. The commissioner shall renew the registration of each discount plan organization that meets the requirements of this chapter and pays the appropriate renewal fee.