LD 1611
pg. 58
Page 57 of 73 PUBLIC Law Chapter 469 Page 59 of 73
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LR 2137
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time not to exceed 30 days. In the case of a filing that meets
the criteria in subsection 2-B, paragraph E, the
superintendent may suspend the effective date for a longer
period not to exceed 30 days from the date the carrier
satisfactorily responds to any reasonable discovery requests.

 
B.__A filing and supporting information are public records
except as provided by Title 1, section 402, subsection 3 and

 
become part of the official record of any hearing held
pursuant to subsection 2-B, paragraphs B or F.

 
C. Rates for small group health plans must be filed in
accordance with this section and subsections 2-B and 2-C for
premium rates effective on or after July 1, 2004, except
that the filing of rates for small group health plans are
not required to account for any savings offset payment or
any recovery of that offset payment pursuant to subsection
2-B, paragraph D and section 6913 for rates effective before
July 1, 2005.

 
2-B.__Rate review and hearings.__Except as provided in
subsection 2-C, rate filings are subject to this subsection.

 
A.__The superintendent shall disapprove any premium rates
filed by any carrier, whether initial or revised, for a
small group health plan unless it is anticipated that the
aggregate benefits estimated to be paid under all the small
group health plans maintained in force by the carrier for
the period for which coverage is to be provided will return
to policyholders at least 75% of the aggregate premiums
collected for those policies, as determined in accordance
with accepted actuarial principles and practices and on the
basis of incurred claims experience and earned premiums. For
the purposes of this calculation, any savings offset
payments paid pursuant to section 6913 must be treated as
incurred claims.

 
B.__If at any time the superintendent has reason to believe that
a filing does not meet the requirements that rates not be
excessive, inadequate or unfairly discriminatory or that the
filing violates any of the provisions of chapter 23, the
superintendent shall cause a hearing to be held.__Hearings held
under this subsection must conform to the procedural requirements
set forth in Title 5, chapter 375, subchapter 4.__The
superintendent shall issue an order or decision within 30 days
after the close of the hearing or of any rehearing or reargument
or within such other period as the superintendent for good cause
may require, but not to exceed an additional 30 days.__In the
order or decision, the superintendent shall either approve or
disapprove the rate


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