| | | (8)__Coverage issued as a supplement to liability | | insurance; |
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| | | (9)__Workers' compensation; |
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| | | (10)__Automobile medical payment; or |
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| | | (11)__Insurance under which benefits are payable with | | or without regard to fault and that is required | | statutorily to be contained in any liability insurance | | policy or equivalent self-insurance. |
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| | | 3.__Small group health plans subject to this section.__The | | following small group health plans are subject to this section. |
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| | | A.__Except as provided in this paragraph, this section | | applies to any small group health plan that provides | | coverage to one or more employees of a small employer. |
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| | | B.__This section does not apply to individual health plans | | that are subject to section 2736-C. |
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| | | 4.__Premium rates.__Premium rates for small group health plans | | are subject to the following provisions. |
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| | | A.__The index rate for a rating period for any class of | | business may not exceed the index rate for any other class | | of business by more than 20%.__This paragraph does not apply | | to a class of business if any of the following apply: |
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| | | (1)__The class of business is one for which the carrier | | does not reject, and never has rejected, small | | employers included within the carrier's definition of | | employers eligible for the class of business or | | otherwise eligible employees and dependents who enroll | | on a timely basis, based upon their claims experience | | or health status; |
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| | | (2)__The carrier does not involuntarily transfer, and | | never has involuntarily transferred, a health benefit | | plan into or out of the class of business; and |
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| | | (3)__The class of business is available for purchase. |
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| | | B.__For a class of business, the premium rate charged during | | a rating period to small employers with similar case | | characteristics for the same or similar coverage, or the | | rates that could be charged to such employers under the | | rating system for that class of business, may not vary from | | the index rate by more than 25% of the index rate. |
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