SECTION 365:40-3-24. Adequacy of surplus

  The factors set forth in Section 365:40-3-13(d) are not intended to be an exhaustive list. In determining the adequacy and reasonableness of an HMO's surplus, no single factor is necessarily controlling. The Commissioner, instead, will consider the net effect of all of these factors plus other factors bearing on the financial condition of the HMO. In comparing the surplus maintained by other HMOs, the Commissioner will consider the extent to which each of these factors varies from company to company and in determining the quality and liquidity of investments in subsidiaries, the Commissioner will consider the individual subsidiary and may discount or disallow its valuation to the extent that the individual investments so warrant.

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