NDAC 45-08-02-05
Requirements for notice of discontinuance
Cite as N.D. Admin. Code ยง 45-08-02-05
1.
Any notice of discontinuance so given by the carrier must include a request to the group
policyholder or other entity involved to notify employees covered under the policy or
subscriber contract of the date as of which the group policy or contract will discontinue and to
advise that, unless otherwise provided in the policy, certificate, or contract, the carrier shall not
be liable for claims for losses incurred after such date. Such notice of discontinuance must
also advise, in any instance in which the plan involves employee contributions, that if the
policyholder or in any instance in which the plan involves employee contributions, that if the
policyholder or other entity continues to collect contributions for the coverage beyond the date
of discontinuance, the policyholder or other entity may be held solely liable for the benefits
with respect to which the contributions have been collected.
2.
The carrier will prepare and furnish to the policyholder or other entity at the same time a
supply of a notice form to be distributed to the employees or members concerned indicating
such discontinuance and the effective date thereof, and urging the employees or members to
refer to their certificates or contracts in order to determine what rights, if any, are available to
them upon such discontinuance.