North Carolina § 58-89A-105 - Employee benefit plans; required disclosure; other reports.

§ 58-89A-105. Employee benefit plans; required disclosure; other reports.

A licensee may sponsor and maintain employee benefit plans for the benefit of assigned employees. Any health insurance plan sponsored and maintained by a licensee shall only be fully insured by one of the following: A licensed insurance company that is authorized to write accident and health insurance, as defined in G.S. 58-7-15(3). A service corporation organized and licensed under Article 65 of this Chapter. A health maintenance organization organized and licensed under Article 67 of this Chapter. A client company may sponsor and maintain employee benefit plans for the benefit of assigned employees. , (c) Repealed by Session Laws 2008-124, s. 7.4, effective October 1, 2008. For the purposes of this section, a health insurance plan is fully insured only if all of the benefits provided under the plan are covered by an approved policy issued by one or more of the entities specified in subsection (a) of this section. A health insurance plan is not fully insured if the plan is any form of stop-loss insurance or any other form of reinsurance. Existing licensees shall comply with subsection (a) of this section by October 1, 2009. If on October 1, 2009, an existing licensee sponsors and maintains any health insurance plan that is not fully insured by one or more of the entities specified in subsection (a) of this section, the licensee may continue to sponsor and maintain the health insurance plan if it complies with G.S. 58-89A-106. History (2004-162, s. 1; 2008-124, s. 7.4; 2009-552, s. 2.) Editor's Note. - Session Laws 2009-552, s. 5, provides: "The Department of Insurance shall report to the 2010 General Assembly on the implementation, administration, and enforcement of this act. In its report, the Department shall recommend any statutory changes required to regulate professional employer organizations and enforce the provisions of this act." Effect of Amendments. - Session Laws 2008-124, s. 7.4, effective October 1, 2008, added the second sentence in subsection (a) and added subdivisions (a)(1) through (a)(3); deleted subsections (b) and (c) regarding sponsorship and insurance of employee health benefit plans; rewrote subsection (d); and added subsection (e). Session Laws 2009-552, s. 2, effective August 28, 2009, added subsection (a1); and rewrote subsection (e).