Ohio § 1739.16

§ 1739.16.

(A) If a multiple employer welfare arrangement operating a group self-insurance program

contracts with a third-party administrator that is not an employee of the arrangement,

it shall enter into a written agreement.  The agreement is subject to review and approval by the superintendent of insurance

in accordance with this section. (B) The agreement may provide both of the following: (1) The right of substitution of the third-party administrator and the revocation of

the agreement upon notice to the superintendent; (2) Restrictions upon the exercise of powers by the third-party administrator. (C) The terms of the agreement shall be reasonable and equitable.  The agreement and any amendments to the agreement shall be filed by the arrangement

with the superintendent at least thirty days prior to their use.  Any agreement and amendments that have not been disapproved by the superintendent

within thirty days after their filing with him shall be deemed to be approved. (D) The multiple employer welfare arrangement shall furnish a copy of the agreement and

any amendments to the agreement to each member upon request. (E) Except as provided in this division and division (D) of this section, the agreement

and any amendments to the agreement are confidential and privileged and shall not

be released to the public by the superintendent without the prior written consent

of the parties to the agreement.  However, the superintendent, without the prior written consent of the parties, may

release to the public, in the manner the superintendent considers appropriate, all

or any part of the agreement or any amendments to the agreement if the superintendent

does both of the following: (1) Prior to release, gives notice and opportunity to be heard to the arrangement and

its affiliates that would be affected by the release; (2) Determines that the release will serve the interests of the members and their employees,

or the public.