Sec. 21. (a) An insurer who ceases to renew all small employer plans may not do the following:

(1) Accept any new small employer business for five (5) years after the notice of nonrenewal of the plans.

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Terms Used In Indiana Code 27-8-15-21

  • case characteristics: means demographic or other relevant characteristics of a small employer, as determined by a small employer insurer, that are considered by the insurer in the determination of premium rates for the small employer. See Indiana Code 27-8-15-6
  • commissioner: refers to the commissioner of the department of insurance. See Indiana Code 27-8-15-7
  • insurer: means any person who provides health insurance in Indiana. See Indiana Code 27-8-15-10
  • small employer: means any person, firm, corporation, limited liability company, partnership, or association actively engaged in business who, on at least fifty percent (50%) of the working days of the employer during the preceding calendar year, employed at least two (2) but not more than fifty (50) eligible employees, the majority of whom work in Indiana. See Indiana Code 27-8-15-14
(2) Transfer or otherwise provide coverage to any of the employers from the nonrenewed class of business unless the insurer offers to transfer or provide coverage to all affected employers and eligible employees and dependents without regard to case characteristics, claim experience, health status, or duration of coverage.

     (b) The commissioner may suspend the penalty under subsection (a)(1) upon a finding by the commissioner that the suspension would enhance the efficiency and fairness of the marketplace for small employer health insurance.

As added by P.L.127-1992, SEC.1.