§431:2-216  Assessments of health insurers. (a)  Each mutual benefit society under article 1 of chapter 432, healthmaintenance organization under chapter 432D, and any other entity offering orproviding health benefits or services under the regulation of the commissioner,except an insurer licensed to offer accident and health or sickness insuranceunder article 10A, shall deposit with the commissioner by July 1 of each yearan assessment of $10,000 for the first seventy thousand private, nongovernmentmembers the entity covers and an additional assessment on a pro rata basis tobe determined and imposed by the commissioner for covered members exceedingseventy thousand; provided that in the third year and each year thereafter,assessments shall be borne on a pro rata basis.  The aggregate annualassessment shall not exceed $1,000,000.  This assessment shall be credited tothe compliance resolution fund.  If assessments are increased, the commissionershall provide to any organization or entity subject to the increasedassessment, justification for the increase.

(b)  The assessments shall be used to defrayany administrative costs, including personnel costs, associated with theprograms of the division, and costs incurred by supporting offices and divisions. Any law to the contrary notwithstanding, the commissioner may use the moneysfrom assessments to employ or retain, by contract or otherwise, without regardto chapter 76, hearings officers, attorneys, investigators, accountants,examiners, and other necessary professional, technical, administrative, andsupport personnel to implement and carry out the purposes of title 24 as itrelates to accident and health or sickness insurance; provided that anyposition, except any attorney position, that was subject to chapter 76 prior toJuly 1, 1999, shall remain subject to chapter 76.

(c)  Moneys credited to the complianceresolution fund that are not used for insurance regulation, generaladministration purposes, or as otherwise allowed pursuant to section 26-9(o)shall not revert to the general fund nor shall be used for other purposes.

(d)  The commissioner may suspend anyassessment made against any mutual benefit society under article 1 of chapter432, health maintenance organization under chapter 432D, and any other entityoffering or providing health benefits or services under the regulation of thecommissioner if the commissioner determines that the entity may reachinsolvency or other financial difficulty if the assessment is made against theentity. [L 1999, c 127, §1; am L 2000, c 243, §§6, 11(2) and c 253, §150; am L2002, c 39, §§6, 7; am L 2003, c 3, §20, c 197, §4, and c 212, §§16, 131; am L2006, c 154, §2]