Section 31A-8-211 - Deposit(1) Except as provided in Subsection (2), each health maintenance organization authorized in this state shall maintain a deposit with the commissioner under Section 31A-2-206 in an amount equal to the sum of: (b) 50% of the greater of: (ii) 2% of the annual premium revenues as reported on the most recent annual financial statement filed with the commissioner; or(iii) an amount equal to the sum of three months uncovered health care expenditures as reported on the most recent financial statement filed with the commissioner.(2)(a) The commissioner may exempt a health maintenance organization from the deposit requirement of Subsection (1) if:(i) the commissioner determines that the enrollees' interests are adequately protected;(ii) the health maintenance organization has been continuously authorized to do business in this state for at least five years; and(iii) the health maintenance organization has $5,000,000 surplus in excess of the health maintenance organization's company action level RBC as defined in Subsection 31A-17-601(8)(b).(b) The commissioner may rescind an exemption given under Subsection (2)(a).(3)(a) Each limited health plan authorized in this state shall maintain a deposit with the commissioner under Section 31A-2-206 in an amount equal to the minimum capital or permanent surplus plus 50% of the greater of: (i) .5 times minimum required capital or minimum permanent surplus; or(ii)(A) during the first year of operation, 10% of the limited health plan's projected uncovered expenditures for the first year of operation;(B) during the second year of operation, 12% of the limited health plan's projected uncovered expenditures for the second year of operation;(C) during the third year of operation, 14% of the limited health plan's projected uncovered expenditures for the third year of operation;(D) during the fourth year of operation, 18% of the limited health plan's projected uncovered expenditures during the fourth year of operation; or(E) during the fifth year of operation, and during all subsequent years, 20% of the limited health plan's projected uncovered expenditures for the previous 12 months.(b) Projections of future uncovered expenditures shall be established in a manner that is approved by the commissioner.(4) A deposit required by this section may be counted toward the minimum capital or minimum permanent surplus required under Section 31A-8-209.Amended by Chapter 32, 2020 General Session ,§ 15, eff. 5/12/2020.Amended by Chapter 308, 2002 General Session.