18 Del. Admin. Code § 1405-9.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1405-9.0 - Membership Requirements

9.1 Prior to issuing a health benefit plan to a fully insured association or MEWA, an insurer shall confirm that the fully insured association or MEWA:

9.1.1 Meets the bona fide association test outlined in 18 Del.C. § 3506;

9.1.2 Meets the commonality-of-interest test. Pursuant to 83 FR 28,961 (to be codified at 29 CFR 2510.3-5(c)), employer members of an association or MEWA will be treated as having a commonality of interest if the standards of either subsection 9.1 .2.1 or 9.1.2.2 are met, provided these standards are not implemented in a manner that is subterfuge for discrimination as is prohibited under 18 Del.C. Ch. 23 and 29 CFR 2510.3-5(d):

9.1.2.1 The employers are in the same trade, industry, line of business, or profession; or

9.1.2.2 Each employer has a principal place of business in the State of Delaware; and

9.1.3 Does not restrict membership to employers located within a particular geographic region of the State; and

9.1.4 Accepts employers with a principal place of business located in any part of the State.

18 Del. Admin. Code § 1405-9.0

22 DE Reg. 509 (12/1/2018) (Final)