The requirements of Minnesota Statutes, section 62D.10 may be waived or the imposition of necessary underwriting restrictions may be authorized upon a written application to the commissioner stating the grounds for the request.
The commissioner shall determine whether or not compliance with the requirement for open enrollment would:
prevent a health plan from competing effectively with other health plans or with commercial health insurers for the enrollment of new members or for the retention of current members;
result in a health plan incurring unreasonably high expenses in relation to the value of the benefits or services it provides;
jeopardize the availability or adequacy of a health plan's working capital and any required surpluses or reserves; or
In making this determination the commissioner of health shall:
consider information supplied by a health plan in its application for the waiver or underwriting restrictions;
consider prevailing practices and standards relating to the financing and delivery of health care service in the community; and
MS s 62D.10
L 1983 c 289 s 114 subd 1; L 1984 c 655 art 1 s 92
October 11, 2007
Official Publication of the State of Minnesota
Revisor of Statutes