33-30A-7. Nonprofit corporation status; certificate of existence.

1. (1)

   Each purchasing cooperative shall be a nonprofit corporation, and the provisions of Chapter 3 of Title 14 shall apply to each purchasing cooperative; provided, however, that the provisions of this chapter shall control to the extent of any conflict with the provisions of Chapter 3 of Title 14.#

2. (2)

   Prior to authorization by the Commissioner to operate as a health plan purchasing cooperative, a nonprofit corporation must provide the Commissioner with a certificate of existence issued pursuant to Code Section 14-3-128.#

A purchasing cooperative may not amend its articles of incorporation to operate as a for profit corporation.#

Nothing in this Code section shall limit a cooperative from contracting with a for profit corporation to provide services specified in paragraph (10) of subsection (b) of Code Section 33-30A-4.#

1. (1)

   No person having had a financial interest in a purchasing cooperative’s financing, marketing, or delivery of services, other than as a representative of a member employer or a consumer of services, during the immediately preceding 12 month period shall serve as a member of the board of directors of the purchasing cooperative.#

2. (2)

   No person serving as a member of the board of directors of a purchasing cooperative shall have a financial interest in the purchasing cooperative’s financing, marketing, or delivery of services, other than as a representative of a member employer or as a consumer of services, during his or her term as a board member.#

A purchasing cooperative may establish, as it deems necessary and appropriate, an advisory group to assist its board of directors in deliberations. Such advisory group may include health care providers, carriers, insurance agents, consumers, or other persons.#