SECTION 365:40-3-21. Annual registration of HMOs; statement filing (HMO Form B)

(a)   HMO Form B. An HMO filing an annual registration statement pursuant to O.A.C. 365:40-3-12 shall furnish the required information on HMO Form B as set forth in Appendix B of this Chapter.

(b)   Summary registration. An HMO filing an annual registration statement pursuant to O.A.C. 365:40-3-12 is also required to furnish information required on HMO Form C, as set forth in Appendix C of this Chapter. An HMO shall file a copy of HMO Form C in each state in which the HMO is authorized to do business, if requested by the HMO authority/agency of that state.

(c)   Amendments to HMO Form B.

(1)   15 day amendments. An amendment to HMO Form B (Appendix B of this Chapter) shall be filed within 15 days after the end of any month in which there is a material change to the information provided in the annual registration statement.

(2)   Filing date amendments. Amendments shall be filed in the HMO Form B format, as set forth in Appendix B of this Chapter, with only those items which are being amended and reported. Each amendment shall include at the top of the cover page "Amendment No. [insert number] to HMO Form B for [insert year]" and shall indicate the date of the change and not the date of the original filing.

(d)   Alternative and consolidated registrations.

(1)   Registration statement for affiliates. Any authorized HMO may file a registration statement on behalf of any affiliated HMO or HMOs which are required to register under Section 365:40-3-12. A registration statement may include information not required by the Holding Company Act regarding any HMO in the insurance holding company system even if such HMO is not authorized to do business in this State. In lieu of filing a registration statement on HMO Form B (Appendix B of this Chapter), the authorized HMO may file a copy of the registration statement or similar report which it is required to file in its State of domicile, provided:

(A)   the statement or report contains substantially similar information required to be furnished on HMO Form B; and

(B)   the filing HMO is the principal company in the insurance holding company system.

(2)   Principal company in holding company. The question of whether the filing HMO is the principal company in the insurance holding system is a question of fact and an HMO filing a registration statement or reporting in lieu of HMO Form B (Appendix B of this Chapter) on behalf of an affiliated HMO, shall set forth a brief statement of facts which will substantiate the filing HMO's claim that it, in fact, is the principal HMO in the insurance holding company system.

(3)   Section 365:40-3-12(f) or (g). Any HMO may take advantage of the provisions of Section 365:40-3-12(f) or (g) without obtaining the prior approval of the Insurance Commissioner. The Insurance Commissioner, however, reserves the right to require individual filings if he/she deems such filings necessary in the interest of clarity, ease of administration or the public good.

(e)   Disclaimers and termination of registration.

(1)   Disclaimer of affiliation. A disclaimer of affiliation or a request for termination of registration claiming that a person does not, or will not upon the taking of some proposed action, control another person (hereinafter referred to as the "subject") shall contain the following information:

(A)   the number of authorized, issued and outstanding voting securities of the subject.

(B)   with respect to the person whose control is denied and all affiliates of such person, the number and percentage of shares of the subject's voting securities which are held of record or known to be beneficially owned, and the number of shares concerning which there is a right to acquire, directly or indirectly.

(C)   all material relationships and bases for affiliation between the subject and the person whose control is denied and all affiliates of such person.

(D)   a statement explaining why such person should not be considered to control the subject.

(2)   Termination of registration. A request for termination of registration shall be deemed to have been granted unless the Insurance Commissioner notifies the registrant otherwise within 30 days after receipt of the request.

[Source: Added at 21 Ok Reg 77, eff 11-1-03 (emergency); Added at 21 Ok Reg 1672, eff 7-14-04]