Insurance, Administration

Rule R590-199

Plan of Orderly Withdrawal Rule Relating to Health Benefit Plans

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 33661
Filed: 05/20/2010 09:25:17 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 31A-2-201(3) allows the commissioner to write rules to implement the provisions of Title 31A. Subsection 31A-4-115(8) allows the commissioner to write rules to implement this section regarding an insurer's "Plan of Orderly Withdrawal." The rule sets the information that is to be a part of the withdrawal plan and the way in which it is to be implemented, including to whom and when notification of the withdrawal is to be sent.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The department has not received any written comments regarding this rule in the past five years.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule requires specific information to be provided to the commissioner for purposes of approving a plan of orderly withdrawal. This rule is needed to maintain a health benefit plan market that is stable, fair, and efficient for individuals and small employers. The rule promotes an orderly process by which an insurer can elect to nonrenew health benefit plan coverages.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at [email protected]

Authorized by:

Jilene Whitby, Information Specialist

Effective:

05/20/2010