Editorial Note on Part 422
Editorial Note: Nomenclature changes to part 422 appear at 70 FR 4741, Jan. 28, 2005.

Editorial Note on Subpart H of Part 422
Editorial Note: Nomenclature changes to subpart H of part 422 appear at 63 FR 35098, 35099, June 26, 1998.

§ 422.382 Minimum net worth amount. ( a ) At the time an organization applies to contract with CMS as a PSO under this part, the organization must have a minimum net worth amount, as determined under paragraph (c) of this section, of: ( 1 ) At least $1,500,000, except as provided in paragraph (a)(2) of this section.
( 2 ) No less than $1,000,000 based on evidence from the organization's financial plan (under § 422.384) demonstrating to CMS's satisfaction that the organization has available to it an administrative infrastructure that CMS considers appropriate to reduce, control or eliminate start-up administrative costs.
( b ) After the effective date of a PSO's MA contract, a PSO must maintain a minimum net worth amount equal to the greater of— ( 1 ) One million dollars;
( 2 ) Two percent of annual premium revenues as reported on the most recent annual financial statement filed with CMS for up to and including the first $150,000,000 of annual premiums and 1 percent of annual premium revenues on premiums in excess of $150,000,000;
( 3 ) An amount equal to the sum of three months of uncovered health care expenditures as reported on the most recent financial statement filed with CMS; or
( 4 ) Using the most recent financial statement filed with CMS, an amount equal to the sum of— ( i ) Eight percent of annual health care expenditures paid on a non-capitated basis to non-affiliated providers; and
( ii ) Four percent of annual health care expenditures paid on a capitated basis to non-affiliated providers plus annual health care expenditures paid on a non-capitated basis to affiliated providers.
( iii ) Annual health care expenditures that are paid on a capitated basis to affiliated providers are not included in the calculation of the net worth requirement (regardless of downstream arrangements from the affiliated provider) under paragraphs (a) and (b)(4) of this section.
( c ) *Calculation of the minimum net worth amount* — ( 1 ) *Cash requirement.* ( i ) At the time of application, the organization must maintain at least $750,000 of the minimum net worth amount in cash or cash equivalents.
( ii ) After the effective date of a PSO's MA contract, a PSO must maintain the greater of $750,000 or 40 percent of the minimum net worth amount in cash or cash equivalents.
( 2 ) *Intangible assets.* An organization may include intangible assets, the value of which is based on Generally Accepted Accounting Principles (GAAP), in the minimum net worth amount calculation subject to the following limitations— ( i ) *At the time of application.* ( A ) Up to 20 percent of the minimum net worth amount, provided at least $1,000,000 of the minimum net worth amount is met through cash or cash equivalents; or
( B ) Up to 10 percent of the minimum net worth amount, if less than $1,000,000 of the minimum net worth amount is met through cash or cash equivalents, or if CMS has used its discretion under paragraph (a)(2) of this section.
( ii ) *From the effective date of the contract.* ( A ) Up to 20 percent of the minimum net worth amount if the greater of $1,000,000 or 67 percent of the minimum net worth amount is met by cash or cash equivalents; or
( B ) Up to ten percent of the minimum net worth amount if the greater of $1,000,000 or 67 percent of the minimum net worth amount is not met by cash or cash equivalents.
( 3 ) *Health care delivery assets.* Subject to the other provisions of this section, a PSO may apply 100 percent of the GAAP depreciated value of health care delivery assets (HCDAs) to satisfy the minimum net worth amount.
( 4 ) *Other assets.* A PSO may apply other assets not used in the delivery of health care provided that those assets are valued according to statutory accounting practices (SAP) as defined by the State.
( 5 ) *Subordinated debts and subordinated liabilities.* Fully subordinated debt and subordinated liabilities are excluded from the minimum net worth amount calculation.
( 6 ) *Deferred acquisition costs.* Deferred acquisition costs are excluded from the calculation of the minimum net worth amount.
[63 FR 25377, May 7, 1998, as amended at 64 FR 71678, Dec. 22, 1999]