Requirements for excess loss or stop-loss health insurance used in conjunction with self-insured employer benefit plans under the federal "Employee Retirement Income Security Act" - data collection 2013-18 - rules.

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(1) Any entity issuing excess loss insurance shall file all policy forms with the division and certify compliance with the provisions of this title.

(2) All excess loss insurance shall be issued to cover the employer's liability under the employer's self-insured obligation. Excess loss insurance shall meet the following requirements:

  1. The policy shall only be issued to insure an employer and not the employer's employees;

  2. Payment by the issuer of the insurance shall only be made to the employer and notthe employees or providers;

  3. Commencing with policies issued or renewed on and after January 1, 2003, the minimum retention to the employer shall be no less than fifteen thousand dollars per person per plan year with a minimum one hundred twenty percent of expected claims aggregate.

(3) Repealed.

Source: L. 94: Entire section added, p. 1913, § 9, effective July 1. L. 2002: (2)(c) amended, p. 1293, § 6, effective January 1, 2003. L. 2013: (3) added, (HB 13-1290), ch. 339, p. 1975, § 1, effective July 1.

Editor's note: Subsection (3)(d) provided for the repeal of subsection (3), effective September 1, 2019. (See L. 2013, p. 1976.)


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