16 Del. Admin. Code § 80000-3.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 80000-3.0 - Formation and Existence

3.1 Each ACO seeking approval from DHSS shall demonstrate to the satisfaction of DHSS that:

3.1.1 The ACO is duly formed and validly existing under the laws of the State of Delaware.

3.1.2 The ACO has the necessary corporate or company power to perform its obligations under the ACO Requirements and to enter into ACO Contracts with MMCOs.

3.1.3 The ACO has taken all necessary corporate or company action to authorize the execution, delivery, and performance of ACO Contracts.

3.1.4 The execution and delivery of ACO Contracts, and the performance of the ACO's obligations under the ACO Contract, will not result in a violation of any provision of the ACO's certificate of incorporation, bylaws, or other governing instrument or document whether at the State or Federal level.

16 Del. Admin. Code § 80000-3.0

23 DE Reg. 659( 2/1/2020) (final)