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PARRIS N. GLENDENING, Governor
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Ch. 31
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(c) (1) Notwithstanding subsection (b) of this section, if the Commissioner
determines after a hearing that the surplus or bond provided by the dental plan
organization under subsections (a) and (b) of this section is excessive, the
Commissioner may reduce the amount of the surplus or bond required.
(2) The Commissioner may not reduce the amount of the surplus or bond
unless the Commissioner determines that the dental plan organization is solvent and
has surplus assets of at least $75,000 in excess of liabilities.
(3) A dental plan organization that is allowed to reduce the amount of its
surplus or bond under this subsection thereafter shall maintain surplus assets of at
least $75,000 in excess of liabilities.
(d) The gross contract and certificate income for 1 year of a dental plan
organization that is referred to in subsection (b) of this section may not include
income earned from a dental plan if:
(1) participation is wholly voluntary on the part of the enrollee;
(2) the cost for the dental plan is borne by the enrollee; and
(3) the payment for the dental plan is by payroll deduction on the basis of
every week, 2 weeks, or month.]
(B) (1) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, A
DENTAL PLAN ORGANIZATION SHALL DEPOSIT WITH THE COMMISSIONER OR WITH
ANY ORGANIZATION OR TRUSTEE ACCEPTABLE TO THE COMMISSIONER THROUGH
WHICH A CUSTODIAL OR CONTROLLED ACCOUNT IS UTILIZED USED, CASH,
SECURITIES, OR ANY COMBINATION OF THESE OR OTHER MEASURES THAT IS
ACCEPTABLE TO THE COMMISSIONER IN AN AMOUNT EQUAL TO $25,000 PLUS 25% OF
THE SURPLUS REQUIRED IN SUBSECTION (A) OF THIS SECTION, PROVIDED THAT THE
DEPOSIT SHALL NOT BE REQUIRED TO EXCEED $100,000.
(2) THE DEPOSIT SHALL BE:
(I) AN ADMITTED ASSET OF THE DENTAL PLAN ORGANIZATION IN
THE DETERMINATION OF SURPLUS;
(II) USED TO PROTECT THE INTERESTS OF THE DENTAL PLAN
ORGANIZATION'S ENROLLEES;
(III) USED TO ASSURE CONTINUATION OF LIMITED HEALTH CARE
SERVICES TO ENROLLEES OF A DENTAL PLAN ORGANIZATION THAT IS IN
REHABILITATION OR CONSERVATION; AND
(IV) IF A DENTAL PLAN ORGANIZATION IS PLACED IN
RECEIVERSHIP OR LIQUIDATION, AN ASSET SUBJECT TO PROVISIONS OF THE
UNIFORM INSURERS LIQUIDATION ACT.
(3) ALL INCOME FROM DEPOSITS SHALL BE AN ASSET OF THE DENTAL
PLAN ORGANIZATION.
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- 377 -
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