North Carolina § 58-50A-80 - Filing of application.

§ 58-50A-80. Filing of application.

An association sponsoring a MEWA shall file with the Commissioner an application for a license on a form prescribed by the Commissioner and signed under oath by officers of the association. The application shall include or have attached the following: A copy of the articles of incorporation, constitution, and bylaws of the association; A list of the names, addresses, and official capacities with the MEWA of the individuals who will be responsible for the management and conduct of the affairs of the MEWA, including all trustees, officers, and directors. Such individuals shall fully disclose the extent and nature of any contracts or arrangements between them and the MEWA, including possible conflicts of interest. A copy of the articles of incorporation, bylaws, or trust agreement that governs the operation of the MEWA. A copy of the policy, contract, certificate, summary plan description, or other evidence of the benefits and coverages provided to covered employees, including a table of the rates charged or proposed to be charged for each form of such contract. An actuary who is a member of the American Academy of Actuaries or the Society of Actuaries and has experience in establishing rates for a self-insured trust and health services being provided, shall certify that: The rates are neither inadequate, nor excessive, nor unfairly discriminatory. The rates are appropriate for the classes of risks for which they have been computed. An adequate description of the rating methodology has been filed with the Commissioner and such methodology follows consistent and equitable actuarial principles. A copy of a fidelity bond, in an amount determined by rules adopted by the Commissioner, issued in the name of the MEWA and covering any individuals managing or handling the funds or assets of the MEWA. In no case may the bond be less than fifty thousand dollars ($50,000) or more than five hundred thousand dollars ($500,000). A copy of the MEWA's excess insurance agreement. A feasibility study, made by an independent qualified actuary and an independent certified public accountant with an opinion acceptable to the Commissioner, that addresses market potential, market penetration, market competition, operating expenses, gross revenues, net income, total assets and liabilities, cash flow, and other items as the Commissioner requires. The study shall be for the greater of three years or until the MEWA has been projected to be profitable for 12 consecutive months. The study must show that the MEWA would not, at any month end of the projection period, have less than the reserves as required by G.S. 58-50A-70(d). A copy of an audited financial statement of the MEWA reflecting the minimum statutory reserve as required by G.S. 58-50A-70(d). Evidence satisfactory to the Commissioner showing that the MEWA will be operated in accordance with sound actuarial principles. The Commissioner shall not approve the MEWA unless it is determined that the MEWA is designed to provide sufficient revenues to pay current and future liabilities, as determined in accordance with sound actuarial principles. A copy of every contract between the MEWA and any administrator or service company. Such additional information as the Commissioner may require. History (1991, c. 611, s. 1; 2019-202, ss. 2(e), 8.) Editor's Note. - This section was formerly codified as G.S. 58-49-50 . It was recodified as G.S. 58-50A-80 by Session Laws 2019-202, s. 2(e), effective October 1, 2019, and applicable to contracts entered into, amended, or renewed on or after January 1, 2020. The historical citation from the former section has been added to this section as recodified. Session Laws 2019-202, s. 8, provides: "The Revisor of Statutes is hereby authorized to make any changes to the General Statutes made necessary by the recodification in Section 2 of this act, including changes to the following sections of the General Statutes: G.S. 58-2-161 , 58-3-122, 58-3-167, 58-3-169, 58-3-174, 58-3-176, 58-3-178, 58-3-190, 58-3-200, 58-3-215, 58-3-225, 58-3-227, 58-3-275, 58-28-35, 58-51-55, 58-65-90, 58-67-75, 58-68-25, and 90-21.50." In subdivisions (7) and (8), "G.S. 58-50A-70(d)" was substituted for "G.S. 58-49-40(d)" at the direction of the Revisor of Statutes. Session Laws 2019-202, s. 9 is a severability clause. Session Laws 2019-202, s. 10 made the amendment to this section by Session Laws 2019-202, s. 8, effective October 1, 2019, and applicable to contracts entered into, amended, or renewed on or after January 1, 2020.