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Certification of professional health service corporations - 40 Pa. Cons. Stat. § 6304

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     § 6304.  Certification of professional health service
              corporations.
        (a)  General rule.--A corporation not-for-profit incorporated
     for the purpose of establishing, maintaining and operating a
     nonprofit professional health service plan, nonprofit dental
     service plan or nonprofit optometric service 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 a nonprofit
     professional health service plan, a nonprofit dental service
     plan or a nonprofit optometric service plan, as the case may be.
        (b)  Exemptions.--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 219 or 220 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 as:
            (1)  an optometric service corporation, if incorporated
        under the former provisions of section 219 of the Nonprofit
        Corporation Law of 1933 for the primary purpose of providing
        a nonprofit optometric service plan;
            (2)  a general medical service corporation, if
        incorporated under the former provisions of section 219 of
        the Nonprofit Corporation Law of 1933 for any other purpose;
        or
            (3)  a dental service corporation, if incorporated under
        the former provisions of section 220 of the Nonprofit
        Corporation Law of 1933.
        (c)  Form of application.--Every application for a
     certificate of authority under this section shall be made to the
     Insurance Department in writing and shall be in such form and
     contain such information as the regulations of the Department of
     Health and the Insurance Department may require. The Insurance
     Department shall forward the application to the Department of
     Health for action thereon and report to the Insurance
     Department.
        (d)  Standards for issuance of certificate.--A certificate of
     authority shall be issued by order of the Insurance Department
     only if and when the Department of Health and the Insurance
     Department shall severally find and determine that the
     application complies with the provisions of this chapter and the
     regulations of the Department of Health and the Insurance
     Department thereunder.
        (e)  Procedure.--The proceedings before the Department of
     Health and the Insurance Department shall be subject to the
     provisions of section 6102(e) of this title (relating to
     procedure before department) and the term department in such
     section shall be deemed to be a reference also to the Department
     of Health. Each department shall make a thorough investigation
     of the applicant and the area in and the plan under which it
     proposes to operate.
        (f)  Judicial review.--The final orders of the Department of
     Health and the Insurance Department upon an application for a
     certificate of authority under this section shall be deemed to
     be a single order for the purposes of judicial review and to
     have been issued on the date the Insurance Department issues its
     final order after having considered the final action of the
     Department of Health upon the application. Such order, and all
     other orders of each department, shall be subject to judicial
     review in the manner and within the time provided by law.

        Cross References.  Section 6304 is referred to in section
     6322 of this title.

Last modified: November 27, 2007