| C.__The percentage increase in the premium rate charged to a | small employer for a new rating period may not exceed the | sum of the following: |
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| (1)__The percentage change in the new business premium | rate measured from the first day of the prior rating | period to the first day of the new rating period. In | the case of a class of business for which the small | group carrier is not issuing new policies, the carrier | shall use the percentage change in the base premium | rate; |
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| (2)__An adjustment, not to exceed 15% annually and | adjusted pro rata for rating periods of less than one | year, due to the claim experience, health status or | duration of coverage or the employees or dependents of | the small employer as determined from the carrier's | rate manual for the class of business; and |
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| (3)__Any adjustment due to change in coverage or change | in the case characteristics of the small employer as | determined from the carrier's rate manual for the class | of business. |
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| D.__In the case of health benefit plans issued prior to the | effective date of this section, a premium rate for a rating | period may exceed the ranges described in paragraphs A or B | for a period of 5 years following the effective date of this | section. In that case, the percentage increase in the | premium rate charged to a small employer in such a class of | business for a new rating period may not exceed the sum of | the following: |
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| (1)__The percentage change in the new business premium | rate measured from the first day of the prior rating | period to the first day of the new rating period. In | the case of a class of business for which the small | group carrier is not issuing new policies, the carrier | shall use the percentage change in the base premium | rate; and |
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| (2)__Any adjustment due to change in coverage or change | in the case characteristics of the small employer as | determined from the carrier's rate manual for the class | of business. |
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| E.__This section is not intended to affect the use by a | small group carrier of legitimate rating factors other than | claims experience, health status or duration of coverage in | the determination of premium rates. A small group carrier | shall apply rating factors, including case characteristics, | consistently with respect to all small employers in a class | of business. |
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