Effective 28 Aug 1993

376.1002. Certificate of authority required — penalty for noncompliance — law inapplicable, when — exempt organizations. — 1. It is unlawful for any multiple employer self-insured health plan to transact business in this state without a certificate of authority issued by the director of the department of commerce and insurance. Any of the acts described in subsection 2 of section 375.786, effected by mail or otherwise, by or on behalf of a multiple employer self-insured health plan, constitutes the transaction of business in this state.

2. Any multiple employer self-insured health plan which transacts business in this state without the certificate of authority required by sections 376.1000 to 376.1045 is considered to be an unauthorized insurer within the meaning of section 375.786, and all remedies and penalties prescribed in section 375.786 shall be fully applicable.

3. Sections 376.1000 to 376.1045 do not apply to:

(1) Any plan or arrangement established or maintained by municipalities, counties, or other political subdivisions of the state pursuant to sections 537.620 to 537.650;

(2) Any multiple employer self-insured health plan which is not subject to the application of state insurance laws under the provisions of the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001, et seq.; or

(3) Any person or entity found by operation of the provisions of section 374.194 not to be subject to the jurisdiction of the department of commerce and insurance.

4. A multiple employer self-insured health plan which was in existence prior to August 28, 1993, and which is associated with or organized or sponsored by a homogenous association exempt from taxation under 26 U.S.C. 501(c)(6) and controlled by a board of directors a majority of whom are members of the association, is exempt from the requirements of sections 376.1000 to 376.1045 and the insurance laws of this state. To prove exemption from taxation under 26 U.S.C. 501(c)(6), the association shall provide to the director a certificate issued by the United States Internal Revenue Service demonstrating the association's tax exempt status.

­­--------

(L. 1993 H.B. 709 § 23)