Section 230-RICR-20-30-10.10 - Rules Related to Fair MarketingA. Marketing of health plans. A small employer carrier shall actively market each of its health benefit plans to small employers in this state, unless otherwise permitted or required by Rhode Island or federal law.B. Offering health plans. A small employer carrier shall actively offer all health benefit plans it actively markets in this state to any small employer that applies for or makes an inquiry regarding health insurance coverage from the small employer carrier, unless otherwise permitted or required by Rhode Island or federal law. The offer may be provided directly to the small employer or delivered through a producer. The offer shall be in writing and shall include at least the following information: 1. a general description of the benefits contained in any health benefit plans being offered to the small employer; and2. information describing how the small employer may enroll in the plans.C. Price quote. A small employer carrier shall provide a price quote to a small employer directly or through an authorized producer within ten working days of receiving a request for a quote and such information as is necessary to provide the quote. A small employer carrier shall notify a small employer directly or through an authorized producer within five working days of receiving a request for a price quote of any additional information needed by the small employer carrier to provide the quote.D. Requirement to issue. Subject to R.I. Gen. Laws § 27-50-7(b)(2), a small employer carrier shall issue any health benefit plan to any eligible small employer that applies for the plan.E. Use of group size or any health status to determine eligibility prohibited. A small employer carrier may not directly or indirectly use group size or any health status-related factor as criteria for establishing eligibility for a health benefit plan.F. Toll-free number. 1. A small employer carrier shall establish and maintain a toll-free telephone service to provide information to small employers regarding the availability of small employer health benefit plans in this state.2. The toll-free number shall be included in the local telephone directory and identified as a small employer health insurance contact number.3. The service shall provide information to callers on how to apply for coverage from the carrier. The information may include the names and phone numbers of producers located geographically proximate to the caller or such other information that is reasonably designed to assist the caller to locate an authorized producer or to otherwise apply for coverage.G. Membership or contribution to association or group. The small employer carrier shall not require a small employer to join or contribute to any association or group as a condition of being accepted for coverage by the small employer carrier, except that, if membership in an association or other group is a requirement for accepting a small employer into a particular health benefit plan, a small employer carrier may apply such requirement.H. Requirement or condition to purchase other insurance. A small employer carrier may not require, as a condition of the offer or sale of a health benefit plan to a small employer, that the small employer purchase or qualify for any other insurance product or service.I. Initial determination of compliance with Act. Carriers offering individual and group health benefit plans in this state shall be responsible for initially determining whether the plans are subject to the requirements of the Act and this regulation. The final determination of compliance rests with the health insurance commissioner.J. Required information from applicants. Carriers shall elicit the following information from applicants for such plans at the time of application: 1. Whether or not any portion of the premium will be paid by or on behalf of a small employer, either directly or through wage adjustments or other means of reimbursement; and2. Whether or not the prospective policyholder, certificate holder or any prospective insured individual intends to treat the health benefit plan as part of a plan or program under §162 (other than §162(l)), §125 or §106 of the United States Internal Revenue Code (26 U.S.C. §§ 162(I), 125 or 106).K. Failure to collect information. If a small employer carrier fails to comply with § 10.10(J) of this Part, the small employer carrier shall be deemed to be on notice of any information that could reasonably have been obtained if the small employer carrier had complied with § 10.10(J) of this Part.230 R.I. Code R. 230-RICR-20-30-10.10