Sec. 98-1.4. Certificate of incorporation or articles of organization

(a) No person shall file a certificate of incorporation or articles of organization, or amendment thereto, containing powers related to the operation of an MCO or an IPA with the Secretary of State, without first having submitted the proposed certificate, articles or amendment to the commissioner for his or her review and approval and received all approvals required by law.

(b) The proposed purpose and powers of an MCO shall include the following:

(1) to perform studies, feasibility surveys and planning with respect to the development and formation of an MCO; and in conjunction, to accumulate, compile and analyze statistics and such other data that will promote the health, safety and welfare of the general public; and

(2) upon obtaining a certificate of authority from the commissioner, to own, operate and manage a health maintenance organization or, as appropriate, a PHSP, or comprehensive HIV special needs plan, or managed long-term care plan or primary care partial capitation provider, including providing or arranging for the provision of comprehensive health services, to an enrolled population, and to have and exercise all powers necessary and convenient to effect any or all of the foregoing purposes for which the entity is formed, together with all the powers now or hereafter granted to it by the State of New York.