Hospital Corporation of America and Subsidiaries - Page 65

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          change significantly during the years in issue from the process             
          used during 1979.  Annual approval of Parthenon's premium rates             
          is not required by the Tennessee captive insurance statute.                 
          Furthermore, contrary to respondent's contention, there is no               
          indication that HCA used or could use Parthenon's assets except             
          in conformity with the Tennessee captive insurance statute.                 
               Respondent contends that, from its inception, HCA agreed to            
          contribute additional capital to Parthenon.  Neither HCA nor the            
          sister subsidiaries, however, agreed to, nor did the Department             
          of Insurance require HCA or the sister subsidiaries to agree to             
          be responsible for, any losses of Parthenon when Parthenon was              
          reincorporated in Tennessee during 1979.  Although the Department           
          of Insurance, and HCA's management, may have expected HCA to                
          provide financial help if Parthenon were to experience financial            
          difficulties, there was no legal requirement or binding agreement           
          that HCA or the sister subsidiaries do so.                                  
               Respondent contends that the sister subsidiaries' lack of              
          choice as to insurer or insurance coverage demonstrates that the            
          insurance policies purchased by HCA and the sister subsidiaries             
          from Parthenon were not insurance policies as commonly understood           
          in the industry and that those policies were not entered into as            
          bona fide arm's-length contracts by the subsidiaries.  Respondent           








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