Subdivision 1. Assessment by board.
For the purpose of providing the funds necessary to
carry out the purposes of the association, the board of directors shall assess members as provided
in subdivisions 2, 3, and 4 at the times and for the amounts the board of directors finds necessary.
Assessments are due and payable on the date specified by the board of directors, but not less
than 30 days after written notice to the member. Assessments accrue interest at the rate of six
percent per year on or after the due date.
Subd. 2. Initial capitalization.
The interim board of directors shall determine the initial
capital operating requirements for the association. The board shall assess each licensed health
carrier $100 for the initial capital requirements of the association. The assessment is due and
payable no later than January 1, 1993.
Subd. 3. Retrospective assessment.
On or before July 1 of each year, the administering
carrier shall determine the association's net loss, if any, for the previous calendar year, the program
expenses of administration, and other appropriate gains and losses. If reinsurance premium
charges are not sufficient to satisfy the operating and administrative expenses incurred or estimated
to be incurred by the association, the board of directors shall assess each member participating in
the association in proportion to each member's respective share of the total insurance premiums,
subscriber contract payments, health maintenance organization payments, and other health
benefit plan revenue derived from or on behalf of small employers during the preceding calendar
year. The assessments must be calculated by the board of directors based on annual statements
and other reports considered necessary by the board of directors and filed by members with
the association. The amount of the assessment shall not exceed four percent of the member's
small group market premium. In establishing this assessment, the board shall consider a formula
based on total small employer premiums earned and premiums earned from newly issued small
employer plans. A member's assessment may not be reduced or increased by more than 50 percent
as a result of using that formula, which includes a reasonable cap on assessments on any premium
category or premium classification. The board of directors may provide for interim assessments as
it considers necessary to appropriately carry out the association's responsibilities. The board of
directors may establish operating rules to provide for changes in the assessment calculation.
Subd. 4. Additional assessments.
If the board of directors determines that the retrospective
assessment formula described in subdivision 3 is insufficient to meet the obligations of the
association, the board of directors shall assess each member not participating in the reinsurance
association, but which is providing health plan coverage in the small employer market, in
proportion to each member's respective share of the total insurance premiums, subscriber
contract payments, health maintenance organization payments, and other health benefit plan
revenue derived from or on behalf of small employers during the preceding calendar year. The
assessment must be calculated by the board of directors based on annual statements and other
reports considered necessary by the board of directors and filed by members with the association.
The amount of the assessment may not exceed one percent of the member's small group market
premium. Members who paid the retrospective assessment described in subdivision 3 are not
subject to the additional assessment.
If the additional assessment is insufficient to meet the obligations of the association, the
board of directors may assess members participating in the association who paid the retrospective
assessment described in subdivision 3 up to an additional one percent of the member's small
group market premium.
Subd. 5. Abatement or deferment.
The association may abate or defer, in whole or in part,
the retrospective assessment of a member if, in the opinion of the commissioner, payment of the
assessment would endanger the ability of the member to fulfill its contractual obligations or the
member is placed under an order of rehabilitation, liquidation, receivership, or conservation by a
court of competent jurisdiction. In the event that a retrospective assessment against a member
is abated or deferred, in whole or in part, the amount by which the assessment is abated or
deferred may be assessed against other members in accordance with the methodology specified in
subdivisions 3 and 4.
Subd. 6. Refund.
The board of directors may refund to members, in proportion to their
contributions, the amount by which the assets of the association exceed the amount the board
of directors finds necessary to carry out its responsibilities during the next calendar year.
A reasonable amount may be retained to provide funds for the continuing expenses of the
association and for future losses.
Subd. 7. Appeals.
A health carrier may appeal to the commissioner of commerce within
30 days of notice of an assessment by the board of directors. A final action or order of the
commissioner is subject to judicial review in the manner provided in chapter 14.
Subd. 8. Liability for assessment.
Employer liability for other costs of a health carrier
resulting from assessments made by the association under this section are limited by the rate
spread restrictions specified in section
History: 1992 c 549 art 2 s 22