83-63-5 - Limitation on establishment of classes of business by small employer carriers.
§ 83-63-5. Limitation on establishment of classes of business by small employer carriers.
(1) A small employer carrier may establish a class of business only to reflect substantial differences in expected claims experience or administrative costs related to the following reasons:
(a) The small employer carrier uses more than one (1) type of system for the marketing and sale of health benefit plans to small employers;
(b) The small employer carrier has acquired a class of business from another small employer carrier; or
(c) The small employer carrier provides coverage through an association with membership of not less than twenty-five (25) small employers which has been formed for purposes other than obtaining insurance.
(2) A small employer carrier may establish up to nine (9) separate classes of business under subsection (1).
(3) The commissioner may establish regulations to provide for a period of transition in order for a small employer carrier to come into compliance with subsection (2) in the instance of acquisition of an additional class of business from another small employer carrier.
(4) The commissioner may approve the establishment of additional classes of business upon application to the commissioner and a finding by the commissioner that such action would enhance the efficiency and fairness of the small employer marketplace.
Sources: Laws, 1994, ch. 302, § 3, eff from and after January 1, 1995.