State Codes and Statutes

State Codes and Statutes

Statutes > Mississippi > Title-83 > 9 > 83-9-211

§ 83-9-211. Creation of association; membership; board of directors; adoption of plan, articles, bylaws and operating rules.
 

(1)  There is created a nonprofit legal entity to be known as the "Comprehensive Health Insurance Risk Pool Association." All insurers, as a condition of doing business, shall be members of the association. 

(2) (a)  The association shall operate subject to the supervision and approval of a nine-member board of directors consisting of: 

(i) Four (4) members appointed by the Insurance Commissioner. Two (2) of the commissioner's appointees shall be chosen from the general public and shall not be associated with the medical profession, a hospital or an insurer. One (1) appointee shall be representative of medical providers. One (1) appointee shall be representative of health insurance agents. Any board member appointed by the commissioner may be removed and replaced by him at any time without cause. 

(ii) Three (3) members appointed by the participating insurers, at least one (1) of whom is a domestic insurer. 

(iii) The Chair of the Senate Insurance Committee and the Chair of the House Insurance Committee, or their designees, who shall be nonvoting, ex officio members of the board. 

(iv) Of those members appointed by the Insurance Commissioner, one (1) shall serve for a term of one (1) year, two (2) for a term of two (2) years, and one (1) for a term of three (3) years. Of those members appointed by the participating insurers, one (1) shall serve for a term of one (1) year, one (1) shall serve for a term of two (2) years, and one (1) shall serve for a term of three (3) years. The appointing authority shall designate the period of service of each initial appointee at the time of appointment. 

(v) All terms after the initial term shall be for a period of three (3) years. 

(b) The board of directors shall elect one (1) of its members as chairman. 

(c) Board members may be reimbursed from monies of the association for actual and necessary expenses incurred by them as members in the manner and amount provided in Section 25-3-41, Mississippi Code of 1972, but shall not otherwise be compensated for their services. 

(3)  The association shall adopt a plan in accordance with Sections 83-9-201 through 83-9-222 and submit its articles, bylaws and operating rules to the State Department of Insurance for approval. If the association fails to adopt such plan and suitable articles, bylaws and operating rules within ninety (90) days after the appointment of the board, the State Department of Insurance shall adopt rules to effectuate the provisions of Sections 83-9-201 through 83-9-222; and such rules shall remain in effect until superseded by a plan and articles, bylaws and operating rules submitted by the association and approved by the State Department of Insurance. 

(4)  Individual board members shall not be liable and shall be immune from suit at law or equity for any conduct performed in good faith and which is within the subject matter over which they have been given jurisdiction. 
 

Sources: Laws,  1991, ch. 593, § 6; Laws,  1995, ch. 490, § 6; reenacted and amended, 1997, ch. 311, § 6; Laws, 2009, ch. 385, § 4, eff from and after July 1, 2009.