§ 6-5-303

In determining whether to approve an acquisition of a nonprofit health service plan or a nonprofit health maintenance organization, the Administration shall consider: (1) the criteria listed in § 6.5–301 of this subtitle; and (2) whether the acquisition: (i) is equitable to enrollees, insureds, shareholders, and certificate holders, if any, of the transferor; (ii) is in compliance with Title 2, Subtitle 6 of the Corporations and Associations Article; and (iii) ensures that the transferee will possess surplus in an amount sufficient to: 1. comply with the surplus required under law; and 2. provide for the security of the transferee’s certificate holders and policyholders.