| (8)__Coverage issued as a supplement to liability | insurance; |
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| (9)__Workers' compensation; |
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| (10)__Automobile medical payment; or |
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| (11)__Insurance under which benefits are payable with | or without regard to fault and that is required | statutorily to be contained in any liability insurance | policy or equivalent self-insurance. |
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| | 3.__Small group health plans subject to this section.__The | following small group health plans are subject to this section. |
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| A.__Except as provided in this paragraph, this section | applies to any small group health plan that provides | coverage to one or more employees of a small employer. |
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| B.__This section does not apply to individual health plans | that are subject to section 2736-C. |
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| | 4.__Premium rates.__Premium rates for small group health plans | are subject to the following provisions. |
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| A.__The index rate for a rating period for any class of | business may not exceed the index rate for any other class | of business by more than 20%.__This paragraph does not apply | to a class of business if any of the following apply: |
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| (1)__The class of business is one for which the carrier | does not reject, and never has rejected, small | employers included within the carrier's definition of | employers eligible for the class of business or | otherwise eligible employees and dependents who enroll | on a timely basis, based upon their claims experience | or health status; |
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| (2)__The carrier does not involuntarily transfer, and | never has involuntarily transferred, a health benefit | plan into or out of the class of business; and |
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| (3)__The class of business is available for purchase. |
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| B.__For a class of business, the premium rate charged during | a rating period to small employers with similar case | characteristics for the same or similar coverage, or the | rates that could be charged to such employers under the | rating system for that class of business, may not vary from | the index rate by more than 25% of the index rate. |
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