33-22-2005. Duties of commissioner -- rulemaking authority. Subject to the conditions in 53-6-1201, the commissioner shall:
(1) adopt rules regarding the implementation of this part, including rules regarding the administration of the premium incentive payments, premium assistance payments, and tax credits, the approval of qualified association health plans, and the registration process. The rules regarding tax credits may not relate to the filing of tax returns and claiming the tax credit on the tax returns.
(2) supervise the creation of the purchasing pool within the limits described in this part;
(3) approve or disapprove the operating plan for the purchasing pool;
(4) if the board chooses to hire one, approve or disapprove the selection of a third-party administrator to handle the administration of the purchasing pool;
(5) with the assistance of the department of public health and human services, approve or disapprove the schedule of premium incentive payment or premium assistance payment amounts adopted by the board as provided in 33-22-2004;
(6) approve or disapprove any contracts between a health insurance issuer and the purchasing pool;
(7) approve or disapprove all group health plans being offered by insurers through the purchasing pool;
(8) conduct periodic audits of the financial transactions conducted by the purchasing pool;
(9) allow up to 30%, or more if requested by the board and approved by the commissioner, of the available funding for the premium incentive payments and premium assistance payments to be applied to small group health plan coverage purchased through a qualified association health plan;
(10) make applicable premium incentive payments or premium assistance payments for qualified association health plan coverage on behalf of eligible small employers and employees or direct the purchasing pool to make the payments; and
(11) approve or disapprove associations as qualified if their members consist of employers who sponsor group health plan coverage for their employees and purchase that coverage through an association that qualifies as a bona fide association, as defined in 33-22-1803, or nonbona fide, as provided for in administrative rule. A qualified association health plan is subject to applicable employer group health insurance law.