16 Del. Admin. Code § 70000-2

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

Section 70000-2 - Formation and Existence

2.1 Each MMCO seeking certification from DHSS shall demonstrate to the satisfaction of DHSS that:

2.1.1 The MMCO is duly formed and validly existing under the laws of the State of Delaware.

2.1.2 The MMCO has the necessary corporate or company power to enter into and perform its obligations under the State Medicaid Managed Care Contract (the "Contract").

2.1.3 The MMCO has taken all necessary corporate or company action to authorize the execution, delivery and performance of the Contract.

2.1.4 The execution and delivery of the Contract will not, and the performance of the MMCO's obligations under the Contract will not, result in a violation of any provision of the MMCO's certificate of incorporation, bylaws or other governing instrument or document.

2.1.5 An opinion of Delaware counsel to the MMCO will beprima facie evidence that the criteria in this Section 2 are satisfied.

16 Del. Admin. Code § 70000-2

18 DE Reg. 693( 3/1/2015) (Final)