Notwithstanding any agreement to the contrary, the health maintenance organization shall:
(1) Retain full responsibility on a prospective basis for the provision of health care services pursuant to any applicable health benefit plan; and
(2) At all times, be able to demonstrate to the satisfaction of the director that the health maintenance organization can fulfill its nontransferable obligation to provide health care services to covered persons in any event, including the failure, for any reason, of a risk bearing entity.