Whenever the board determines that the account created pursuant to section seven-a of this article contains a surplus above those amounts necessary to provide fully for the expected costs of claims and other expenses listed in subsection (a), section seven of this article, the plan may use such surpluses to subsidize the premium of certain low income enrollees whose eligibility shall be established by legislative rule. The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to establish criteria for enrollees with low income eligible for premium subsidy pursuant to this section.
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