Hospital Corporation of America and Subsidiaries - Page 64

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          Parthenon.  Neither Parthenon nor the sister subsidiaries                   
          intended to or did treat the reserve strengthening payments as              
          equity investment.  Additionally, both the Department of                    
          Insurance and Blue Cross treated the reserve strengthening                  
          payments as insurance premiums.  We conclude that, in fact and in           
          substance, the sister subsidiaries did not own any of Parthenon's           
          stock.                                                                      
               Respondent contends further that the Department of Insurance           
          did not strictly regulate Parthenon.  The record in the instant             
          case establishes that the Tennessee Department of Insurance did             
          not promise, and we are persuaded that it did not extend special            
          privileges to Parthenon.  The supervision that the Department of            
          Insurance exercised over Parthenon's operations, including                  
          periodic financial examinations, was no different from the                  
          supervision exercised over any other captive insurer licensed in            
          the State of Tennessee.  Although the Department of Insurance did           
          not annually establish or approve the premium rates between                 
          Parthenon and its sister subsidiaries, the examination report of            
          Parthenon prepared by the Department of Insurance as of December            
          31, 1979, indicates that the basic premium rating process used by           
          Parthenon for that period had the approval of the Department of             
          Insurance.  Parthenon's process for setting premium rates did not           








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