Unless the carrier otherwise subjects itself to this chapter, this chapter does not apply to any bona fide association insurance plan or to the insurance carrier underwriting the group plan if the bona fide association meets the following criteria:

(1) The association has been actively in existence for at least five years;

(2) The association has been formed and maintained in good faith for purposes other than obtaining insurance;

(3) The association does not condition membership in the association on any health status– related factor relating to an individual, including an employee of an employer or a dependent of an employee;

(4) Health insurance coverage offered through the association is available to all members regardless of any health status–related factor relating to such members or individual eligible for coverage through a member;

(5) The association does not make health insurance coverage offered through the association available other than in connection with a member of the association;

(6) The association and any plan issued through the association are complying with any applicable provisions of Title 47 and §§ 58-18-42 to 58-18-62, inclusive.

Source: SL 1995, ch 281, § 43; SL 1997, ch 289, § 23.