33-22-2004. Powers and duties of board. (1) The board shall:
     (a) establish an operating plan that includes but is not limited to administrative and accounting procedures for the operation of the purchasing pool and a schedule for premium incentive payments and premium assistance payments and that complies with the powers and duties provided for in this section;
     (b) require eligible small employers and employees to reapply for premium incentive payments or premium assistance payments on an annual basis;
     (c) upon timely reapplication, give priority to eligible small employers and their employees who are already receiving the premium incentive payments and premium assistance payments. If the reapplication is more than 30 days late, the priority will not be given and the eligible small employer will be added to the waiting list provided for in 33-22-2008.
     (d) upon timely reapplication as provided in subsection (1)(c), allow eligible small employers to retain eligibility to receive premium incentive payments and premium assistance payments on behalf of their employees if the number of their employees goes over the maximum number, not to exceed nine employees, established by the commissioner in administrative rule;
     (e) renew purchasing pool group health plan coverage for all employer groups, even if the employer group no longer receives or is eligible for a premium incentive payment or premium assistance payment;
     (f) adopt a premium incentive payment schedule that is based on a percentage of the eligible small employer's share of the premium and apply the schedule uniformly to all registered eligible small employers who join the purchasing pool or obtain qualified association health plan coverage;
     (g) adopt premium assistance payment amounts that, in combination with the premium incentive payments, are consistent with the amounts provided for in 33-22-2006 and 33-22-2008 or, with the assistance of the department of public health and human services, adopt a premium assistance payment schedule that is equitably proportional to the income or wage level for employees;
     (h) establish criteria for determining which employees will be eligible for a premium assistance payment and the amount that the employees will receive from among those eligible small employer groups that have registered with the commissioner pursuant to 33-22-2008 and applied for coverage under the purchasing pool group health plan or qualified association health plan. However, to the extent that federal funds are used to make some premium assistance payments, criteria for those payments must be consistent with any waiver requirements determined by the department of public health and human services pursuant to 53-2-216. Eligibility for employees is not limited to the waiver eligibility groups.
     (i) make appropriate changes to eligibility or other elements in the operating plan as needed to reach the goal of expending 90% of the funding dedicated to premium incentive payments and premium assistance payments during the current biennium;
     (j) limit the total amount of premium incentive payments and premium assistance payments paid to the amount of available state, federal, and private funding;
     (k) approve no more than six fully insured group health plans with different benefit levels that will be offered to eligible small employers participating in the purchasing pool;
     (l) prepare appropriate specifications and bid forms and solicit bids from health insurance issuers authorized to do business in this state;
     (m) contract with no more than three health insurance issuers to underwrite the group health plans that will be offered through the purchasing pool;
     (n) request that the department of public health and human services seek a federal waiver for medicaid matching funds for premium assistance payments based on the department's analysis, as provided in 53-2-216, if it is in the best interests of the purchasing pool;
     (o) comply with the participation requirements provided for in 33-22-1811;
     (p) meet at least four times annually; and
     (q) within 2 years after the purchasing pool is established and considered stable by the board, examine the possibility of offering an opportunity for individual sole proprietors without employees to purchase insurance from the purchasing pool without premium incentive payments, premium assistance payments, or tax credits.
     (2) The board may:
     (a) borrow money;
     (b) enter into contracts with insurers, administrators, or other persons;
     (c) hire employees to perform the administrative tasks of the purchasing pool;
     (d) assess its members for costs associated with administration of the purchasing pool and request that the commissioner transfer funds or request that the department of public health and human services transfer funds from the special revenue account, as provided in 53-6-1201, for that purpose;
     (e) set contribution levels for eligible small employers;
     (f) at least 30 days before the end of the current fiscal year, request that funds be transferred from the funds appropriated for premium incentive payments and premium assistance payments to the department of revenue for reimbursement of the general fund to offset tax credits if the number of eligible small employers seeking premium incentive payments and employees receiving premium assistance payments is insufficient to exhaust the appropriated funds for the premium incentive payments and premium assistance payments during a fiscal year;
     (g) at least 90 days before the end of the current fiscal year, request that funds be transferred from the funds allocated for tax credits to the funds appropriated for premium incentive payments and premium assistance payments if the number of eligible small employers seeking tax credits is insufficient to exhaust the funds allocated for tax credits during a fiscal year;
     (h) seek other federal, state, and private funding sources;
     (i) accept all small employers who apply for coverage under the small business health insurance pool group health plan even if they are not eligible for any tax credit or premium incentive payment and have not been registered by the commissioner pursuant to 33-22-2008;
     (j) receive from the commissioner's office or the department of public health and human services premium incentive payments on behalf of eligible small employers and premium assistance payments on behalf of employees, collect the employer or employee premiums from the eligible small employer or employees, and make premium payments to insurers on behalf of the eligible small employers and employees;
     (k) request the commissioner to direct more than 30% of the available funding for premium incentive payments and premium assistance payments to qualified association health plan coverage instead of purchasing pool coverage; and
     (l) pay appropriate commissions to licensed insurance producers who market purchasing pool coverage.

     History: En. Sec. 4, Ch. 595, L. 2005; amd. Sec. 19, Ch. 399, L. 2007; amd. Sec. 2, Ch. 87, L. 2009; amd. Sec. 17, Ch. 227, L. 2011; amd. Sec. 1, Ch. 331, L. 2013.