Effective 28 Aug 1993

376.1030. Agreement of employer to pay benefits, requirements, form — copy filed with director — no excuse from liability. — 1. A multiple employer self-insured health plan shall require each employer, as a condition of participation in the plan, to execute an agreement by which the employer agrees personally to pay all claims for benefits covered under the plan which are incurred by his or its covered employees and their covered dependents, but which the plan or its stop-loss insurer has failed to pay. Such agreements shall be made on forms prescribed by the director and shall extend to all unpaid claims for benefits incurred by the employer's employees and their dependents during the time such employees and dependents were covered under the plan.

2. A clear and legible copy of each agreement executed by each participating employer shall be filed with the director by the plan as part of its application for a license. No license shall be issued unless copies of such agreements are filed. With respect to an employer who joins the plan after a license has been issued, the plan shall file a copy of the agreement executed by the employer within ten days after the employer joins the plan.

3. Neither failure of an employer to execute an agreement, nor failure of the plan to require such execution, shall excuse the employer from liability for unpaid claims incurred by covered employees and dependents. An employer shall be deemed to have notice of the requirements of this section, and upon joining the plan, the employer shall be deemed to have agreed to liability for unpaid claims of his covered employees and their dependents in the same manner as if an agreement had been executed.

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(L. 1993 H.B. 709 § 34)