1.__Assessments.__For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board shall assess member insurers at such a time and for such amounts as the board finds necessary.__Assessments are due not less than 30 days after written notice to the member insurers and accrue interest at 12% per annum on and after the due date.

2.__Maximum assessment.__Each insurer must be assessed by the board an amount not to exceed $2 per covered person insured or reinsured by each insurer per month for medical insurance.__An insurer may not be assessed on policies or contracts insuring federal or state employees.

3.__Determination of assessment.__The board shall make reasonable efforts to ensure that each covered person is counted only once with respect to an assessment.__For that purpose, the board shall require each insurer that obtains excess or stop loss insurance to include in its count of covered persons all individuals whose coverage is insured, in whole or in part, through excess or stop loss coverage.__The board shall allow a reinsurer to exclude from its number of covered persons those who have been counted by the primary insurer or by the primary reinsurer or primary excess or stop loss insurer for the purpose of determining its assessment under this subsection.__The board may verify each insurer's assessment based on annual statements and other reports determined to be necessary by the board.__The board may use any reasonable method of estimating the number of covered persons of an insurer if the specific number is unknown.

4.__Excess funds.__If assessments and other receipts by the association, board or plan administrator exceed the actual losses and administrative expenses of the plan, the board shall hold the excess as interest and may use those excess funds to offset future losses or to reduce plan premiums. As used in this subsection, "future losses" includes reserves for claims incurred but not reported.

5.__Failure to pay assessment.__The superintendent may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this State of any member insurer that fails to pay an assessment.__As an alternative, the superintendent may levy a penalty on any member insurer that fails to pay an assessment when due.__In addition, the superintendent may use any power granted to the superintendent by this Title to collect any unpaid assessment.

§3909.__Availability of coverage