* § 4403-c. Comprehensive HIV special needs plan certification. 1. No\nperson or group of persons may operate a comprehensive HIV special needs\nplan without first obtaining a certificate of authority from the\ncommissioner. Any person may apply for a comprehensive HIV special needs\ncertificate of authority, provided, however, that a shared health\nfacility, as defined in article forty-seven of this chapter, shall not\nbe eligible for such a certificate.\n 2. An applicant for certification shall submit the following\ninformation and documentation to the satisfaction of the commissioner:\n (a) a copy of the applicant's basic organizational documents and\nagreements of the applicant and all network members, including all\ncontracts and agreements relating to the provision of HIV services;\n (b) a copy of any current licensure or certification maintained by the\napplicant;\n (c) a description of any experience the applicant may have had in\nproviding HIV services which are licensed, certified, funded or approved\nby the department, including identification of any disciplinary,\nadministrative or criminal proceedings related to such services in the\npast ten years, the resolution thereof, and any other proceedings\ncurrently pending;\n (d) full disclosure of the financial condition of the applicant and of\nmembers of the board, officers, controlling persons, owners and\npartners, including, but not limited to, a statement of the applicant's\nassets, resources, accounts receivable, liabilities and proposed sources\nand uses of funds and the most recent certified income statement and\nbalance sheet;\n (e) a demonstration of the applicant's ability to provide or continue\nto provide quality HIV services;\n (f) a description of the geographic area served and to be served by\nthe applicant;\n (g) a description of the applicant's current capacity, and proposed\ncapacity, to provide or arrange for the provision of comprehensive HIV\nservices for a defined geographic area to a defined population; and\n (h) such other information as the commissioner shall require.\n 3. The commissioner shall not issue a comprehensive HIV special needs\nplan certificate of authority to an applicant therefor unless the\napplicant demonstrates that:\n (a) it has defined an enrolled population to which the comprehensive\nHIV special needs plan proposes to provide comprehensive HIV health\nservices, has demonstrated a willingness to enroll any person who is\neligible for enrollment within its defined catchment area and has\nestablished a mechanism by which the enrolled population may participate\nin determining the policies of the organization;\n (b) it has defined a specific network of providers and facilities that\nare capable of providing comprehensive HIV special needs services to the\nenrolled population described in paragraph (a) of this subdivision;\n (c) it has the capability of organizing, marketing, managing,\npromoting and operating a comprehensive HIV special needs plan;\n (d) it is financially responsible and sound and may be expected to\nmeet its obligations to its enrolled members. For the purposes of this\nparagraph, "financially responsible" means that the applicant is capable\nof assuming full financial risk on a prospective basis for the provision\nof comprehensive HIV special needs services within the geographic\ncatchment area defined by the applicant except that it may allow\nproviders to share financial risk under the terms of their contract, or\nit may obtain insurance or make other arrangements for the cost of\nproviding comprehensive HIV special needs health services to enrollees;\nany insurance or other arrangements proposed to meet this requirement\nshall be approved as to adequacy as a prerequisite to the issuance of\nany comprehensive HIV special needs certificate of authority by the\ncommissioner. In making a determination of financial soundness, the\ncommissioner shall consider financial information, contracts and\
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