Section 26.1-36.7-06 - Assessments against insurers1. For the purpose of providing the funds necessary to carry out the purposes of the association under this chapter, the commissioner shall assess insurers writing or otherwise issuing group health benefit plans based on the insurer's group health benefit plan premium written in this state. The assessment must be paid quarterly within forty-five days of the end of the previous quarter on all earned group health benefit plan premiums for the previous calendar quarter. An assessment not paid within forty-five days of the end of the previous quarter accrues interest at twelve percent per annum beginning on the date due.2. An insurer writing less than one hundred thousand dollars, annually, in group health benefit plan premium is exempt from the assessments.3. The commissioner may verify the amount of each insurer's assessment based on annual statements and other reports determined to be necessary by the commissioner. The commissioner may use any reasonable method of estimating an insurer's group health benefit plan premium if the specific number is not reported to the commissioner.4. Any federal funding obtained by the association must be used to reduce the assessments of insurers writing or otherwise issuing group health benefit plans pursuant to this section.5. Before April second of each year, the association shall determine and report to the board the association's net gains or net losses for the previous calendar year.6. Before April sixteenth of each year, the association shall provide an estimate to the commissioner and the board of the amount of assessments needed for the association to carry out the powers and duties of the association under this chapter.7. Before May second of each year, the board may provide a recommendation to the commissioner and the board of the amount of assessments needed for the association to carry out the powers and duties of the association under this chapter.8. An insurer may apply to the commissioner for a deferral of all or part of an assessment imposed by the association under this section. The commissioner may defer all or part of the assessment if the commissioner determines the payment of the assessment would place the insurer in a financially impaired condition. If all or part of the assessment is deferred, the amount deferred must be assessed against other insurers in a proportionate manner consistent with this section. The insurer that receives a deferral remains liable to the association for the amount deferred and is prohibited from reinsuring any person through the association until such time as the insurer pays the assessments.9. The board shall use any surplus, including any interest earned on the surplus, to:b. Reduce future assessments to insurers writing or otherwise issuing group health benefit plans; orc. Pay off a line of credit issued pursuant to section 26.1-36.7-07.10. The commissioner 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 commissioner may levy a penalty on any member insurer that fails to pay an assessment when due. In addition, the commissioner may use any power granted to the commissioner by this title to collect any unpaid assessment.Amended by S.L. 2021 , ch. 232( HB 1087 ), § 7, eff. 4/1/2021.Amended by S.L. 2019 , ch. 243( HB 1106 ), § 4, eff. 1/1/2022.Added by S.L. 2019 , ch. 243( HB 1106 ), § 2, eff. 4/19/2019 (expires 1/1/2022).