| | 5.__Failure to pay assessment.__The superintendent may | suspend or revoke, after notice and hearing, the certificate | of authority to transact insurance in this State of any member | insurer that fails to pay an assessment.__As an alternative, | the superintendent may levy a penalty on any member insurer | that fails to pay an assessment when due. In addition, the | superintendent may use any power granted to the superintendent | by this Title to collect any unpaid assessment. |
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| §3909.__Availability of coverage |
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| | The association shall offer a choice of 2 or more coverage | options through the plan. The requirements of this plan become | effective April 1, 2003.__Policies offered through the | association must be available for sale August 1, 2003. The | association shall directly insure the coverage provided by the | plan, and the policies must be issued through the plan | administrator. |
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| §3910.__Requirements for coverage |
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| | 1.__Coverage offered. The plan must offer in an annually | renewable policy the coverage specified in this section for | each eligible person. If an eligible person is also eligible | for Medicare coverage, the plan may not pay or reimburse any | person for expenses paid by Medicare.__Any person whose health | insurance coverage is involuntarily terminated for any reason | other than nonpayment of premium may apply for coverage under | the plan.__If such coverage is applied for within 90 days | after the involuntary termination and if premiums are paid for | the entire period of coverage, the effective date of the | coverage is the date of termination of the previous coverage. |
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| | 2.__Major medical expense coverage.__The plan must offer | major medical expense coverage to every eligible person who is | not eligible for Medicare.__The coverage to be issued by the | plan, its schedule of benefits and exclusions and other | limitations must be established by the board and may be | amended from time to time subject to the approval of the | superintendent. In establishing the plan coverage, the board | shall take into consideration the levels of health insurance | provided in the State and medical economic factors as | determined appropriate. |
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| | 3.__Rates. Rates for coverage issued by the association | must meet the requirements of this subsection. |
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| A.__Rates may not be unreasonable in relation to the | benefits provided, the risk experience and the reasonable | expenses of providing the coverage. |
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