{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-6103.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-6103.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-6103.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-6103.html"}],"law_id":70748,"edition_id":1,"section_id":70748,"structure_id":13837,"section_number":"38.2-6103","catch_line":"Issuance of license; capital and surplus; impairment","history":"2004, c. 668.","full_text":"A\n\nThe Commission shall issue a license to a dental plan organization after the filing of a complete application and payment of a $500 nonrefundable application fee, if the Commission is satisfied that:1\n\nThe persons who are responsible for conducting the affairs of the dental plan organization are trustworthy and capable of providing, arranging for, or paying benefits for the services offered by its dental plan;2\n\nThe dental plan organization is financially responsible and may reasonably be expected to meet its obligations to enrollees. In making this determination, the Commission shall consider, among other things, the following:\n\t\t\t\ta. The financial statements of the dental plan organization;\n\t\t\t\tb. The adequacy of working capital;\n\t\t\t\tc. Any contracts with plan dentists;\n\t\t\t\td. The deposit of acceptable securities, which shall be in an amount of no less than $50,000; and\n\t\t\t\te. The applicant’s minimum capital and surplus, which shall be the greater of $750,000 or 45 days of anticipated operating expenses and incurred claims expenses.3\n\nNothing in the method of operation is contrary to the public interest, as shown in the information submitted pursuant to § 38.2-6102 or Chapter 58 (§ 38.2-5800 et seq.) of this title or by independent investigation.B\n\nA licensed dental plan organization shall have and maintain at all times the minimum capital and surplus described in subdivision A 2 e. The licensee’s capital and surplus shall be subject also to the risk-based capital requirements of Chapter 55 (\u00a7 38.2-5500 et seq.) of this title.1\n\nIf the Commission finds that the minimum capital and surplus of a domestic dental plan organization is impaired, the Commission shall issue an order requiring the dental plan organization to eliminate the impairment within a period not exceeding 90 days. The Commission may by order served upon the dental plan organization prohibit the dental plan organization from issuing any new dental benefit contracts while the impairment exists. If at the expiration of the designated period the dental plan organization has not satisfied the Commission that the impairment has been eliminated, an order for the rehabilitation or liquidation of the dental plan organization may be entered as provided in Chapter 15 (§ 38.2-1500 et seq.) of this title.2\n\nIf the Commission finds an impairment of the minimum capital and surplus of any foreign dental plan organization, the Commission may order the dental plan organization to eliminate the impairment. The Commission may, by order served upon the dental plan organization, prohibit the dental plan organization from issuing any new dental benefit contracts while the impairment exists. If the dental plan organization fails to comply with the Commission’s order within a period of not more than 90 days, the Commission may suspend or revoke the license of the dental plan organization.","order_by":null,"text":{"0":{"id":255198,"text":"The Commission shall issue a license to a dental plan organization after the filing of a complete application and payment of a $500 nonrefundable application fee, if the Commission is satisfied that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":255199,"text":"The persons who are responsible for conducting the affairs of the dental plan organization are trustworthy and capable of providing, arranging for, or paying benefits for the services offered by its dental plan;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":255200,"text":"The dental plan organization is financially responsible and may reasonably be expected to meet its obligations to enrollees. In making this determination, the Commission shall consider, among other things, the following:\n\t\t\t\ta. The financial statements of the dental plan organization;\n\t\t\t\tb. The adequacy of working capital;\n\t\t\t\tc. Any contracts with plan dentists;\n\t\t\t\td. The deposit of acceptable securities, which shall be in an amount of no less than $50,000; and\n\t\t\t\te. The applicant’s minimum capital and surplus, which shall be the greater of $750,000 or 45 days of anticipated operating expenses and incurred claims expenses.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":255201,"text":"Nothing in the method of operation is contrary to the public interest, as shown in the information submitted pursuant to § 38.2-6102 or Chapter 58 (§ 38.2-5800 et seq.) of this title or by independent investigation.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":255202,"text":"A licensed dental plan organization shall have and maintain at all times the minimum capital and surplus described in subdivision A 2 e. The licensee’s capital and surplus shall be subject also to the risk-based capital requirements of Chapter 55 (\u00a7 38.2-5500 et seq.) of this title.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"B1"},"5":{"id":255203,"text":"If the Commission finds that the minimum capital and surplus of a domestic dental plan organization is impaired, the Commission shall issue an order requiring the dental plan organization to eliminate the impairment within a period not exceeding 90 days. The Commission may by order served upon the dental plan organization prohibit the dental plan organization from issuing any new dental benefit contracts while the impairment exists. If at the expiration of the designated period the dental plan organization has not satisfied the Commission that the impairment has been eliminated, an order for the rehabilitation or liquidation of the dental plan organization may be entered as provided in Chapter 15 (§ 38.2-1500 et seq.) of this title.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"6":{"id":255204,"text":"If the Commission finds an impairment of the minimum capital and surplus of any foreign dental plan organization, the Commission may order the dental plan organization to eliminate the impairment. The Commission may, by order served upon the dental plan organization, prohibit the dental plan organization from issuing any new dental benefit contracts while the impairment exists. If the dental plan organization fails to comply with the Commission’s order within a period of not more than 90 days, the Commission may suspend or revoke the license of the dental plan organization.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1"}},"ancestry":[{"id":13837,"edition_id":1,"name":"Dental Plan Organizations","identifier":"61","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:46:01","date_modified":"2026-06-26 03:46:01","permalink":{"id":218233,"object_type":"structure","relational_id":13837,"identifier":"61","token":"38.2\/61","url":"\/38.2\/61\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64365,"structure_id":13837,"section_number":"38.2-6100","catch_line":"Applicability of chapter","url":"\/38.2-6100\/","token":"38.2\/61\/38.2-6100","metadata":false},{"id":54851,"structure_id":13837,"section_number":"38.2-6101","catch_line":"Definitions","url":"\/38.2-6101\/","token":"38.2\/61\/38.2-6101","metadata":false},{"id":55280,"structure_id":13837,"section_number":"38.2-6102","catch_line":"License application","url":"\/38.2-6102\/","token":"38.2\/61\/38.2-6102","metadata":false},{"id":70748,"structure_id":13837,"section_number":"38.2-6103","catch_line":"Issuance of license; capital and surplus; impairment","url":"\/38.2-6103\/","token":"38.2\/61\/38.2-6103","metadata":false},{"id":71355,"structure_id":13837,"section_number":"38.2-6104","catch_line":"License renewals","url":"\/38.2-6104\/","token":"38.2\/61\/38.2-6104","metadata":false},{"id":55922,"structure_id":13837,"section_number":"38.2-6105","catch_line":"Required dental benefit contract provisions","url":"\/38.2-6105\/","token":"38.2\/61\/38.2-6105","metadata":false},{"id":55174,"structure_id":13837,"section_number":"38.2-6106","catch_line":"Optional provisions","url":"\/38.2-6106\/","token":"38.2\/61\/38.2-6106","metadata":false},{"id":56985,"structure_id":13837,"section_number":"38.2-6107","catch_line":"Grace period requirements","url":"\/38.2-6107\/","token":"38.2\/61\/38.2-6107","metadata":false},{"id":80352,"structure_id":13837,"section_number":"38.2-6108","catch_line":"Plan dentist contracts; preferred providers; assignment of benefits","url":"\/38.2-6108\/","token":"38.2\/61\/38.2-6108","metadata":false},{"id":55124,"structure_id":13837,"section_number":"38.2-6109","catch_line":"Delivery of contract forms","url":"\/38.2-6109\/","token":"38.2\/61\/38.2-6109","metadata":false},{"id":75166,"structure_id":13837,"section_number":"38.2-6110","catch_line":"Filing requirements for premium rates and subscription fees","url":"\/38.2-6110\/","token":"38.2\/61\/38.2-6110","metadata":false},{"id":73622,"structure_id":13837,"section_number":"38.2-6111","catch_line":"Examinations","url":"\/38.2-6111\/","token":"38.2\/61\/38.2-6111","metadata":false},{"id":62574,"structure_id":13837,"section_number":"38.2-6112","catch_line":"Licensing of agents","url":"\/38.2-6112\/","token":"38.2\/61\/38.2-6112","metadata":false},{"id":60406,"structure_id":13837,"section_number":"38.2-6113","catch_line":"Application of other laws","url":"\/38.2-6113\/","token":"38.2\/61\/38.2-6113","metadata":false}],"previous_section":{"id":55280,"structure_id":13837,"section_number":"38.2-6102","catch_line":"License application","url":"\/38.2-6102\/","token":"38.2\/61\/38.2-6102","metadata":false},"next_section":{"id":71355,"structure_id":13837,"section_number":"38.2-6104","catch_line":"License renewals","url":"\/38.2-6104\/","token":"38.2\/61\/38.2-6104","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-6103\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapter 668<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":55280,"section_number":"38.2-6102","catch_line":"License application","order_by":null,"url":"\/38.2-6102\/"}],"refers_to":[{"id":66658,"section_number":"38.2-1500","catch_line":"Scope of chapter","order_by":null,"url":"\/38.2-1500\/"},{"id":68244,"section_number":"38.2-5500","catch_line":"Applicability","order_by":null,"url":"\/38.2-5500\/"},{"id":77304,"section_number":"38.2-5800","catch_line":"Definitions","order_by":null,"url":"\/38.2-5800\/"},{"id":55280,"section_number":"38.2-6102","catch_line":"License application","order_by":null,"url":"\/38.2-6102\/"}],"permalink":{"id":218247,"object_type":"law","relational_id":70748,"identifier":"38.2-6103","token":"38.2\/61\/38.2-6103","url":"\/38.2-6103\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-6103\/","token":"38.2\/61\/38.2-6103","dublin_core":{"Title":"Issuance of license; capital and surplus; impairment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-6103","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commission<\/span> shall issue<\/span> a license to a dental plan organization<\/span> after the filing of a complete application and payment of a $500 nonrefundable application fee, if the Commission<\/span> is satisfied that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The persons<\/span> who are responsible for conducting the affairs of the dental plan organization<\/span> are trustworthy and capable of providing, arranging for, or paying benefits for the services offered by its dental plan; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The dental plan organization<\/span> is financially responsible and may reasonably be expected to meet its obligations to enrollees<\/span>. In making this determination, the Commission<\/span> shall consider, among other things, the following:\n\t\t\t\ta. The financial statements of the dental plan organization<\/span>;\n\t\t\t\tb. The adequacy of working capital;\n\t\t\t\tc. Any contracts<\/span> with plan dentists<\/span>;\n\t\t\t\td. The deposit of acceptable securities, which shall be in an amount of no less than $50,000; and\n\t\t\t\te. The applicant’s minimum capital and surplus, which shall be the greater of $750,000 or 45 days of anticipated operating expenses and incurred claims expenses. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Nothing in the method of operation is contrary to the public interest, as shown in the information submitted pursuant to § 38.2-6102<\/a> or Chapter 58 (§ 38.2-5800<\/a> et seq.) of this title or by independent investigation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A licensed dental plan organization<\/span> shall have and maintain at all times the minimum capital and surplus described in subdivision A 2 e. The licensee’s capital and surplus shall be subject also to the risk-based capital requirements of Chapter 55 (\u00a7 38.2-5500<\/a> et seq.) of this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If the Commission<\/span> finds that the minimum capital and surplus of a domestic dental plan organization<\/span> is impaired, the Commission<\/span> shall issue<\/span> an order<\/span> requiring the dental plan organization<\/span> to eliminate the impairment within a period not exceeding 90 days. The Commission<\/span> may by order<\/span> served upon the dental plan organization<\/span> prohibit the dental plan organization<\/span> from issuing any new dental benefit contracts<\/span> while the impairment exists. If at the expiration of the designated period the dental plan organization<\/span> has not satisfied the Commission<\/span> that the impairment has been eliminated, an order<\/span> for the rehabilitation or liquidation<\/span> of the dental plan organization<\/span> may be entered as provided in Chapter 15 (§ 38.2-1500<\/a> et seq.) of this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the Commission<\/span> finds an impairment of the minimum capital and surplus of any foreign dental plan organization<\/span>, the Commission<\/span> may order<\/span> the dental plan organization<\/span> to eliminate the impairment. The Commission<\/span> may, by order<\/span> served upon the dental plan organization<\/span>, prohibit the dental plan organization<\/span> from issuing any new dental benefit contracts<\/span> while the impairment exists. If the dental plan organization<\/span> fails to comply with the Commission<\/span>’s order<\/span> within a period of not more than 90 days, the Commission<\/span> may suspend or revoke the license of the dental plan organization<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nISSUANCE OF LICENSE; CAPITAL AND SURPLUS; IMPAIRMENT (\u00a7 38.2-6103)\n\nA. The Commission shall issue a license to a dental plan organization after the\nfiling of a complete application and payment of a $500 nonrefundable application\nfee, if the Commission is satisfied that:\n\n 1. The persons who are responsible for conducting the affairs of the dental\n plan organization are trustworthy and capable of providing, arranging for, or\n paying benefits for the services offered by its dental plan;\n\n 2. The dental plan organization is financially responsible and may reasonably\n be expected to meet its obligations to enrollees. In making this\n determination, the Commission shall consider, among other things, the\n following:\n \t\t\t\ta. The financial statements of the dental plan organization;\n \t\t\t\tb. The adequacy of working capital;\n \t\t\t\tc. Any contracts with plan dentists;\n \t\t\t\td. The deposit of acceptable securities, which shall be in an amount of no\n less than $50,000; and\n \t\t\t\te. The applicant’s minimum capital and surplus, which shall be the\n greater of $750,000 or 45 days of anticipated operating expenses and incurred\n claims expenses.\n\n 3. Nothing in the method of operation is contrary to the public interest, as\n shown in the information submitted pursuant to § 38.2-6102 or Chapter 58\n (§ 38.2-5800 et seq.) of this title or by independent investigation.\n\nB. A licensed dental plan organization shall have and maintain at all times the\nminimum capital and surplus described in subdivision A 2 e. The licensee’s\ncapital and surplus shall be subject also to the risk-based capital requirements\nof Chapter 55 (\u00a7 38.2-5500 et seq.) of this title.\n\n 1. If the Commission finds that the minimum capital and surplus of a domestic\n dental plan organization is impaired, the Commission shall issue an order\n requiring the dental plan organization to eliminate the impairment within a\n period not exceeding 90 days. The Commission may by order served upon the\n dental plan organization prohibit the dental plan organization from issuing\n any new dental benefit contracts while the impairment exists. If at the\n expiration of the designated period the dental plan organization has not\n satisfied the Commission that the impairment has been eliminated, an order for\n the rehabilitation or liquidation of the dental plan organization may be\n entered as provided in Chapter 15 (§ 38.2-1500 et seq.) of this title.\n\n 2. If the Commission finds an impairment of the minimum capital and surplus of\n any foreign dental plan organization, the Commission may order the dental plan\n organization to eliminate the impairment. The Commission may, by order served\n upon the dental plan organization, prohibit the dental plan organization from\n issuing any new dental benefit contracts while the impairment exists. If the\n dental plan organization fails to comply with the Commission’s order\n within a period of not more than 90 days, the Commission may suspend or revoke\n the license of the dental plan organization.\n\nHISTORY: 2004, c. 668.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}