LD 1190
pg. 7
Page 6 of 18 An Act To Create the Comprehensive Health Insurance Risk Pool Association Page 8 of 18
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LR 436
Item 1

 
§3905.__Liability and indemnification

 
1.__Liability.__The board and its employees may not be held
liable for any obligations of the association.__A cause of
action may not arise against the association; the board, its
agents or its employees; any member insurer or its agents,
employees or producers; or the superintendent for any action
or omission in the performance of powers and duties pursuant
to this chapter.

 
2.__Indemnification.__The board may provide in its bylaws or
rules for indemnification of, and legal representation for,
its members and employees.

 
§3906.__Duties and powers of association

 
1.__Duties.__The association shall:

 
A.__Establish administrative and accounting procedures for
the operation of the association;

 
B.__Establish procedures under which applicants and
participants in the plan may have grievances reviewed by
an impartial body and reported to the board;

 
C.__Select a plan administrator in accordance with section
3907;

 
D.__Collect the assessments provided in section 3908.__The
level of payments must be established by the board.__
Assessments must be collected pursuant to the plan of
operation approved by the board.__In addition to the
collection of such assessments, the association shall
collect an organizational assessment or assessments from
all insurers as necessary to provide for expenses that
have been incurred or are estimated to be incurred prior
to receipt of the first calendar year assessments.__
Organizational assessments must be equal in amount for all
insurers but may not exceed $500 per insurer for all such
assessments.__Assessments are due and payable within 30
days of receipt of the assessment notice by the insurer;

 
E.__Require that all policy forms issued by the
association conform to standard forms developed by the
association.__The forms must be approved by the
superintendent and must comply with this Title; and

 
F.__Develop and implement a program to publicize the existence
of the plan, the eligibility requirements for the


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