31A-30-105.   Establishment of classes of business.
     (1) A covered carrier may establish a separate class of business only to reflect substantial differences in either expected claims experience or administrative costs related to the following reasons:
     (a) the covered carrier uses more than one type of system for the marketing and sale of health benefit plans to covered insureds;
     (b) the covered carrier has acquired a class of business from another covered carrier; or
     (c) the covered carrier provides coverage to one or more association groups.
     (2) A covered carrier may establish up to nine separate classes of business under Subsection (1).
     (3) The commissioner may establish regulations to provide for a period of transition in order for a covered carrier to come into compliance with Subsection (2) in the instance of acquisition of an additional class of business from another covered carrier.
     (4) The commissioner may approve the establishment of additional classes of business upon application to the commissioner and a finding by the commissioner that such action would substantially enhance the efficiency and fairness of the health insurance marketplace subject to this chapter.

Amended by Chapter 321, 1995 General Session
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Last revised: Thursday, May 28, 2009