§ 58-67-30. Management and exclusive agreements; custodial agreements. - North Carolina Statutes

§ 58‑67‑30. Management and exclusive agreements; custodial agreements.

(a)        No healthmaintenance organization shall enter into an exclusive agency, management, orcustodial agreement unless the agreement is first filed with the Commissionerand approved under this section within 45 days after filing or such reasonableextended period as the Commissioner shall specify by notice that is givenwithin the 45 day period.

(b)        The Commissionershall disapprove an agreement submitted under subsection (a) of this section ifthe Commissioner determines that the agreement:

(1)        Subjects the healthmaintenance organization to excessive charges;

(2)        Extends for anunreasonable period of time;

(3)        Does not containfair and adequate standards of performance;

(4)        Enables personsunder the contract to manage the health maintenance organization who are notsufficiently trustworthy, competent, experienced, and free from conflict ofinterest to manage the health maintenance organization with due regard for theinterests of its enrollees, creditors, or the public; or

(5)        Contains provisionsthat impair the interests of the organization's enrollees, creditors, or thepublic. (1987,c. 631, s. 10; 2001‑223, s. 20.5.)