2000 Minnesota Statutes

     62L.10 Supervision by commissioner. 

    Subdivision 1.    Reports.  A health carrier doing 
 business in the small employer market shall file by April 1 of 
 each year an annual actuarial opinion with the commissioner 
 certifying that the health carrier complied with the 
 underwriting and rating requirements of this chapter during the 
 preceding year and that the rating methods used by the health 
 carrier were actuarially sound.  A health carrier shall retain a 
 copy of the opinion at its principal place of business. 

    Subd. 2.    Records.  A health carrier doing business in 
 the small employer market shall maintain at its principal place 
 of business a complete and detailed description of its rating 
 practices and renewal underwriting practices, including 
 information and documentation that demonstrate that its rating 
 methods and practices are based upon commonly accepted actuarial 
 assumptions and are in accordance with sound actuarial 
 principles. 

    Subd. 3.    Submissions to commissioner.  Subsequent to 
 the annual filing, the commissioner may request information and 
 documentation from a health carrier describing its rating 
 practices and renewal underwriting practices, including 
 information and documentation that demonstrates that a health 
 carrier's rating methods and practices are in accordance with 
 sound actuarial principles and the requirements of this 
 chapter.  Except in cases of violations of this chapter or of 
 another chapter, information received by the commissioner as 
 provided under this subdivision is nonpublic.  

    Subd. 4.    Review of premium rates.  The commissioner 
 shall regulate premium rates charged or proposed to be charged 
 by all health carriers in the small employer market under 
 section 62A.02.  The commissioner of health has, with respect to 
 carriers under that commissioner's jurisdiction, all of the 
 powers of the commissioner of commerce under that section. 

    Subd. 5.    Transitional practices.  The commissioner 
 shall disapprove index rates, premium variations, or other 
 practices of a health carrier if they violate the spirit of this 
 chapter and are the result of practices engaged in by the health 
 carrier between April 23, 1992, and July 1, 1993, where the 
 practices engaged in were carried out for the purpose of evading 
 the spirit of this chapter.  Each health carrier shall report to 
 the commissioner, within 30 days and on a form prescribed by the 
 commissioner, each cancellation, nonrenewal, or other 
 termination of coverage of a small employer between April 23, 
 1992, and June 30, 1993.  The health carrier shall provide any 
 related information requested by the commissioner within the 
 time specified in the request.  Any health carrier that engages 
 in a practice of terminating or inducing termination of coverage 
 of small employers in order to evade the effects of Laws 1992, 
 chapter 549, is guilty of an unfair method of competition and an 
 unfair or deceptive act or practice in the business of insurance 
 and is subject to the remedies provided in sections 72A.17 to 
 72A.32. 

    HIST: 1992 c 549 art 2 s 10