31A-30-203.   Eligibility for defined contribution arrangement market -- Enrollment.
     (1) (a) Beginning January 1, 2010, and during the open enrollment period described in Section 31A-30-208, an eligible small employer may choose to participate in a defined contribution arrangement.
     (b) Beginning January 1, 2012, and during the open enrollment period described in Section 31A-30-208, an eligible large employer may choose to participate in a defined contribution arrangement.
     (c) Defined contribution arrangement health benefit plans are employer group health plans individually selected by an employee of an employer.
     (2) (a) Participating insurers:
     (i) shall offer to accept all eligible employees of an employer described in Subsection (1), and their dependents, at the same level of benefits as anyone else who has the same health benefit plan in the defined contribution arrangement market; and
     (ii) may not impose a premium surcharge under Section 31A-30-106.7 in the defined contribution market.
     (b) A participating insurer may:
     (i) request an employer to submit a copy of the employer's quarterly wage list to determine whether the employees for whom coverage is provided or requested are bona fide employees of the employer; and
     (ii) deny or terminate coverage if the employer refuses to provide documentation requested under Subsection (2)(b)(i).

Enacted by Chapter 12, 2009 General Session
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Last revised: Thursday, May 28, 2009