Page:United States Statutes at Large Volume 111 Part 1.djvu/337

 PUBLIC LAW 105-33 —AUG. 5, 1997 111 STAT. 313 " (2) SPECIAL EXCEPTION FOR PROVIDER-SPONSORED ORGANIZATIONS. — "(A) IN GENERAL.—In the case of a provider-sponsored organization that seeks to offer a Medicare+Choice plan in a State, the Secretary shall waive the requirement of paragraph (1) that the organization be licensed in that State if— "(i) the organization files an application for such waiver with the Secretary by not later than November 1, 2002, and "(ii) the Secretary determines, based on the application and other evidence presented to the Secretary, that any of the grounds for approval of the application described in subparagraph (B), (C), or (D) has been met. " (B) FAILURE TO ACT ON LICENSURE APPLICATION ON A TIMELY BASIS.—The ground for approval of such a waiver application described in this subparagraph is that the State has failed to complete action on a licensing application of the organization within 90 days of the date of the State's receipt of a substantially complete application. No period before the date of the enactment of this section shall be included in determining such 90-day period. " (C) DENIAL OF APPLICATION BASED ON DISCRIMINATORY TREATMENT. — The ground for approval of such a waiver application described in this subparagraph is that the State has denied such a licensing application and— "(i) the standards or review process imposed by the State as a condition of approval of the license imposes any material requirements, procedures, or standards (other than solvency requirements) to such organizations that are not generally applicable to other entities engaged in a substantially similar business, or "(ii) the State requires the organization, as a condition of licensure, to offer any product or plan other than a Medicare+Choice plan. " (D) DENIAL OF APPLICATION BASED ON APPLICATION OF SOLVENCY REQUIREMENTS.— With respect to waiver applications filed on or after the date of publication of solvency standards under section 1856(a), the ground for approval of such a waiver application described in this subparagraph is that the State has denied such a licensing application based (in whole or in part) on the organization's failure to meet applicable solvency requirements and— "(i) such requirements are not the same as the solvency standards established under section 1856(a); or "(ii) the State has imposed as a condition of approval of the license documentation or information requirements relating to solvency or other material requirements, procedures, or standards relating to solvency that are different from the requirements, procedures, and standards applied by the Secretary under subsection (d)(2). For purposes of this paragraph, the term 'solvency requirements' means requirements relating to solvency and other

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