Current through August 31, 2024
Section 422.400 - State licensure requirementExcept in the case of a PSO granted a waiver under subpart H of this part, each MA organization must-
(a) Be licensed under State law, or otherwise authorized to operate under State law, as a risk-bearing entity (as defined in § 422.2 ) eligible to offer health insurance or health benefits coverage in each State in which it offers one or more MA plans;(b) If not commercially licensed, obtain certification from the State that the organization meets a level of financial solvency and such other standards as the State may require for it to operate as an MA organization; and(c) Demonstrate to CMS that- (1) The scope of its license or authority allows the organization to offer the type of MA plan or plans that it intends to offer in the State; and(2) If applicable, it has obtained the State certification required under paragraph (b) of this section.