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



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



(c)  Moneys credited to the compliance
resolution fund that are not used for insurance regulation, general
administration 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 any
assessment made against any mutual benefit society under article 1 of chapter
432, health maintenance organization under chapter 432D, and any other entity
offering or providing health benefits or services under the regulation of the
commissioner if the commissioner determines that the entity may reach
insolvency or other financial difficulty if the assessment is made against the
entity. [L 1999, c 127, §1; am L 2000, c 243, §§6, 11(2) and c 253, §150; am L
2002, c 39, §§6, 7; am L 2003, c 3, §20, c 197, §4, and c 212, §§16, 131; am L
2006, c 154, §2]