The commissioner may waive the requirements of 33-38-105 and 33-38-106 for any preferred provider organization company. The factors taken into account in granting a waiver include but are not limited to whether the company:
(1) has contracts in place with health care providers residing in this state;
(2) has contracts in place with users and purchasers of health care services residing in this state who use the medical care discount card in conjunction with a self-funded or fully insured health plan;
(3) is primarily in the preferred provider organization business or primarily in the medical care discount card supplier business; and
(4) was in business in this state prior to October 1, 2005.