(1) No employer-organized association shall in this state self-insure in order to provide health benefit plans for its members unless it holds a certificate of filing from the commissioner.
(2) To qualify for a certificate of filing and to maintain a certificate of filing, the employer-organized association shall comply with the provisions of KRS § 304.17A-

Terms Used In Kentucky Statutes 304.17A-320

  • Association: means an entity, other than an employer-organized association, that has been organized and is maintained in good faith for purposes other than that of obtaining insurance for its members and that has a constitution and bylaws. See Kentucky Statutes 304.17A-005
  • Employer-organized association: means any of the following:
    (a) Any entity that was qualified by the commissioner as an eligible association prior to April 10, 1998, and that has actively marketed a health insurance program to its members since September 8, 1996, and which is not insurer- controlled. See Kentucky Statutes 304.17A-005
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010

800 to 304.17A-844 to the extent not in conflict with the expressed provisions of this section.
(3) Each association that holds a certificate of filing from the commissioner shall be subject to the following:
(a) All assessments placed on insurers under KRS § 304.17B-021;
(b) All rating restrictions placed on employer-organized associations under KRS
304.17A-0954;
(c) All rate review requirements placed on insurers under this subtitle;
(d) All data collection requirements placed on insurers under this subtitle; and
(e) Provisions of Subtitle 12 of this chapter that apply to health insurers.
(4) Each association that holds a certificate of filing from the commissioner shall notify its members that health benefit plans issued to its members through the association are not protected through the Kentucky Life and Health Insurance Guaranty Association.
(5) Under the provisions of KRS § 304.17A-840, the commissioner may revoke the certificate of filing of any association. A violation of any provision of this section shall be deemed a violation of KRS § 304.17A-800 to KRS § 304.17A-844 for purposes of KRS § 304.17A-840.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1224, effective July 15, 2010. — Amended 2003 Ky. Acts ch. 78, sec. 24, effective June 24, 2003. — Amended 2000
Ky. Acts ch. 476, sec. 23, effective January 1, 2001. — Created 1998 Ky. Acts ch.
496, sec. 40, effective April 10, 1998.