ND Insurance Department Bulletin 94-3
Small Employer/Employee Health Insurance Law and Regulation Updated
[LOGO]
Glenn Pomeroy
Commissioner of Insurance
DEPARTMENT OF INSURANCE
STATE OF NORTH DAKOTA
# BULLETIN 94-3
TO: All Current and Potential Small Employer Carriers
Licensed to Write Health Insurance in North Dakota
FROM: Glenn Pomeroy, Commissioner
DATE: June 23, 1994
Glenn Pomeroy
SUBJECT: Small Employer/Employee Health Insurance Law and
Regulation Update
The purpose of this bulletin is to provide small employer
carriers information and dates on implementation of the small
employer health insurance law and regulation. The small employer
regulations have been approved by the Attorney General and will
be effective August 1, 1994.
# I. APPROVAL OF BASIC AND STANDARD PLANS PRIOR TO
MARKETING SMALL EMPLOYER COVERAGE
A small employer carrier is required to actively offer the basic
and standard plans on or before September 1, 1994. A small
employer carrier which does not have its basic and standard plans
approved by September 1, 1994, shall cease and desist marketing
to the small employer market until its basic and standard plans
have been approved. (N.D.C.C. § 26.1-36.3-06)
# II. PREVIOUSLY DENIED OR TERMINATED COVERAGE
In the case of an eligible employee or dependent of an eligible
employee who, any time prior to September 1, 1994, was excluded
from coverage or denied coverage by a small employer carrier, the
carrier shall provide written notice of the opportunity for the
eligible employee or dependent of such eligible employee to
enroll in the health benefit plan currently held by the small
employer. Additionally, all carriers must also provide written
notice offering comparable coverage to any small employer whose
coverage was terminated or nonrenewed on or after January 1,
1994. The written notices of the opportunity to enroll or the
(over)
600 EAST BOULEVARD ⢠BISMARCK, ND 58505 ⢠(701) 224-2440
Consumer Hotline: 1-800-247-0560
Bulletin 94-3
June 23, 1994
Page Two
by the small
employer. Additionally, all carriers must also provide written
notice offering comparable coverage to any small employer whose
coverage was terminated or nonrenewed on or after January 1,
1994. The written notices of the opportunity to enroll or the
(over)
600 EAST BOULEVARD ⢠BISMARCK, ND 58505 ⢠(701) 224-2440
Consumer Hotline: 1-800-247-0560
Bulletin 94-3
June 23, 1994
Page Two
offering of comparable coverage shall be provided by July 15,
1994. The opportunity to enroll for individuals and the offer of
comparable coverage to a small employer shall begin September 1,
1994, and last at least three months. (N.D. Admin. Code
§§ 45-06-06.1-06(4) and 45-06-06.1-13)
### III. NORTH DAKOTA REINSURANCE BOARD
The North Dakota Reinsurance Board will become operational on
September 1, 1994. Training will be provided in Bismarck in
August or September by the administering carrier--IEC Benefit
Administrators of Boise, Idaho. Training will cover eligibility,
premiums, claims processing, and reimbursement procedures for the
reinsurance program.
An interim assessment for the reinsurance program will be levied
and payable on September 1, 1994. The five carriers writing the
most small employer business will pay a pro-rated share of the
$75,000 assessment. Each of the remaining companies will pay an
equal share of the remaining balance due. This payment will be
credited toward the end of the year assessment.
Two brochures providing information on the small employer
availability are planned--one with information designed for small
employers and one with information designed for agents/brokers.
The Department plans to have these brochures available by
August 1, 1994.
If you require further information, please contact Beth Allen or
Bill Maxwell at the Department at (701) 224-2440.
GP/njb