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Certification of hospital plan corporations - 40 Pa. Cons. Stat. § 6102Legal Research Home > Pennsylvania Statutes
§ 6102. Certification of hospital plan corporations.
(a) General rule.--A corporation not-for-profit incorporated
for the purpose of establishing, maintaining and operating a
nonprofit hospital plan shall not commence business until it
shall have received from the department a certificate of
authority authorizing the corporation to establish, maintain and
operate such a nonprofit hospital plan.
(b) Exemption.--The provisions of subsection (a) of this
section shall not apply to any nonprofit corporation
incorporated with the approval of the department under the
former provisions of section 218 of the Nonprofit Corporation
Law of 1933. For the purposes of this chapter such a corporation
shall be deemed to be a holder of a certificate of authority
issued under this section.
(c) Form of application.--Every application for a
certificate of authority under this section shall be made to the
department in writing and shall be in such form and contain such
information as the regulations of the department may require.
(d) Standards for issuance of certificate.--A certificate of
authority shall be issued by order of the department only if and
when the department shall find and determine that the
application complies with the provisions of this chapter and the
regulations of the department thereunder.
(e) Procedure before department.--For the purpose of
enabling the department to make the finding or determination
required by subsection (d) of this section, the department, by
publication of notice in the Pennsylvania Bulletin, shall afford
reasonable opportunity for hearing, which shall be public, and,
before or after any such hearing, it may make such inquiries,
audits and investigations, and may require the submission of
such supplemental studies and information, as it may deem
necessary or proper to enable it to reach a finding or
determination. The department, in granting a certificate of
authority, may impose such conditions as it may deem to be just
and reasonable. In every case the department shall make a
finding or determination in writing, stating whether or not the
application has been approved, and, if it has been approved in
part only, specifying the part which has been approved and the
part which has been denied. Any holder of a certificate of
authority, exercising the authority conferred thereby, shall be
deemed to have waived any and all objections to the terms and
conditions of such certificate.
(f) Judicial review.--Orders of the department upon an
application for a certificate of authority under this section
shall be subject to judicial review in the manner and within the
time provided by law.
Cross References. Section 6102 is referred to in sections
6124, 6304, 6329 of this title.
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Last modified: November 27, 2007 |