2005 North Carolina Code - General Statutes § 58-50-135. Elections by carriers.

§ 58‑50‑135.  Elections by carriers.

(a)       Every small employer carrier shall elect either to become a risk‑assuming carrier and comply with the provisions of G.S. 58‑50‑140 or become a reinsuring carrier and comply with the provisions of G.S. 58‑50‑145. The election shall be binding for a five‑year period except that a newly licensed carrier's initial election shall be made for two years. The Commissioner may, for good cause, permit a carrier to modify its election during the five‑year period. All carriers under common ownership or control must make the same election in this State; provided, however, that the Commissioner may, for good cause, permit an affiliated carrier to make a separate election.

(b)       A small employer carrier that elects to stop participating as a reinsuring carrier and to become a risk‑assuming carrier shall not reinsure or continue to reinsure any small employer health benefit plans under G.S. 58‑50‑145 and G.S. 58‑50‑150 as soon as the carrier becomes a risk‑assuming carrier; however, a reinsuring carrier electing to become a risk‑assuming carrier shall pay a prorated assessment based upon business issued as a reinsuring carrier for any part of the year that the business was reinsured. A small employer carrier that elects to stop participating as a risk‑assuming carrier and to become a reinsuring carrier may reinsure small employer health benefit plans under the provisions of G.S. 58‑50‑145 and G.S. 58‑50‑150.

(c)       Any small employer carrier that stops writing, administering, or otherwise providing health benefit plans to employers in this State shall continue to be governed by this Act with respect to business conducted under this Act that was transacted before the effective date of termination and that remains in force. (1991, c. 630, s. 1; 1998‑211, s. 11.)