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California Law (Last Updated: March 4, 2014) |
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Insurance Code - INS |
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Division 2. CLASSES OF INSURANCE |
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Part 2. LIFE AND DISABILITY INSURANCE |
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Chapter 8.01. Nongrandfathered Small Employer Health Insurance |
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ARTICLE 2. Small Employer Carrier Requirements |
Section 10753.17.
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(a) No carrier shall provide or renew coverage subject to this chapter until a statement has been filed with the commissioner listing all of the carrier's health benefit plans currently in force that are offered or proposed to be offered for sale in this state, identified by form number, and, if previously approved by the commissioner, the date approved by the commissioner.
(b) No carrier shall issue, deliver, renew, or revise a health benefit plan lawfully provided pursuant to subdivision (a) until all of the following requirements are met:
(1) The carrier files with the commissioner a statement of the factors used to establish rates for the plan.
(2) Either:
(A) Thirty days expires after the statement is filed without written notice from the commissioner specifying the reasons for his or her opinion that the carrier's rating factors do not comply with the requirements of this chapter.
(B) Prior to that time the commissioner gives the carrier written notice that the carrier's rating factors as filed comply with the requirements of this chapter.
(c) If the commissioner notifies the carrier, in writing, that the carrier's rating factors do not comply with the requirements of this chapter, specifying the reasons for his or her opinion, it is unlawful for the carrier, at any time after the receipt of such notice, to utilize the noncomplying health benefit plan or rating factors in conjunction with the health benefit plans or benefit plan designs for which the filing was made.
(d) Each carrier shall maintain at its principal place of business copies of all information required to be filed with the commissioner pursuant to this section.
(e) Each carrier shall make the information and documentation described in this section available to the commissioner upon request.
(f) Nothing in this section shall be construed to permit the commissioner to establish or approve the rates charged to policyholders for health benefit plans.