Section 45-06-14-06 - Application1.Initial application. A multiple employer welfare arrangement that seeks to offer an employee welfare benefit plan that is not fully insured shall apply for a certificate of authority. Applications must be submitted on forms prescribed by the commissioner. The appropriate filing fee pursuant to North Dakota Century Code section 26.1-01-07 must accompany the application. An application must be submitted no later than sixty days prior to the requested date for authority to self-fund. An incomplete application must be returned to the applicant. An application not returned to the applicant within fourteen days of receipt must be acted upon within sixty days of receipt.2.Documents which must accompany application. A multiple employer welfare arrangement shall file all of the following with its initial application: a. A copy of the organizational documents of the multiple employer welfare arrangement, including the articles of incorporation and bylaws, partnership agreement, or instrument;b. A copy of each insurance or reinsurance contract that purports to insure or guarantee any portion of benefits or coverage offered by the multiple employer welfare arrangement;c. A copy of the benefit plan description and any other materials intended to be distributed to potential members; andd. The names and addresses of all persons performing or expected to perform the functions of a financial administrator or service company.3.Renewal. Authority to operate as an existing multiple employer welfare arrangement will automatically renew annually with the filing of the multiple employer welfare arrangement's annual report to the commissioner and the payment of the appropriate fee pursuant to North Dakota Century Code section 26.1-01-07, subject to the multiple employer welfare arrangement maintaining its financial ability to pay claims and expenses.4.Merger. Two or more existing multiple employer welfare arrangements may apply to merge, provided the merged multiple employer welfare arrangement assumes all financial and regulatory obligations of the former multiple employer welfare arrangements. Merger applications must be filed with the commissioner and are subject to the same requirements as prospective new multiple employer welfare arrangements.5.Approval or disapproval. Upon approval of an application, the commissioner shall issue a certificate authorizing the proposed self-funded multiple employer welfare arrangement. The initial certificate for a new multiple employer welfare arrangement is effective until revoked by the commissioner. Approval of an application for authority to self-fund must be granted if the proposed multiple employer welfare arrangement conforms with all requirements of this chapter.N.D. Admin Code 45-06-14-06
Effective January 1, 2007.Amended by Administrative Rules Supplement 2017-364, April 2017, effective 4/1/2017.General Authority: NDCC 28-32-02
Law Implemented: NDCC 26.1-01-07.4, 26.1-07.1