689C.107 - Affiliated carriers deemed one carrier in certain circumstances; affiliated carrier that is health maintenance organization considered separate carrier; ceding arrangement prohibited in cer

689C.107  Affiliated carriers deemed one carrier in certain circumstances; affiliated carrier that is health maintenance organization considered separate carrier; ceding arrangement prohibited in certain circumstances.

      1.  For the purposes of this chapter, and except as otherwise provided in subsection 2, two or more carriers which are affiliated companies or which are eligible to file a consolidated tax return shall be deemed to be one carrier, and any restrictions or limitations imposed by the provisions of this chapter apply as if the health benefit plans delivered or issued for delivery to small employers in this state by such carriers were issued by one carrier.

      2.  An affiliated carrier that is a health maintenance organization having a certificate of authority issued pursuant to the provisions of chapter 695C of NRS may be considered a separate carrier for the purposes of this chapter.

      3.  Unless otherwise authorized by the Commissioner, a carrier shall not enter into any ceding arrangement with respect to a health benefit plan delivered or issued for delivery to a small employer in this state if, as a result of the ceding arrangement, the ceding carrier retains less than 30 percent of the insurance obligation or risk for that health benefit plan.

      (Added to NRS by 1997, 2919)