Subpart 1.Application to the commissioner.The requirements of Minnesota Statutes, section 62D.10 may be waived or the imposition of necessary underwriting restrictions may be authorized upon a written application to the commissioner stating the grounds for the request.
Subp. 2.Compliance.The commissioner shall determine whether or not compliance with the requirement for open enrollment would:
A. contravene the maximum enrollment limitation of 500,000 enrollees imposed by the act;B. prevent a health plan from competing effectively with other health plans or with commercial health insurers for the enrollment of new members or for the retention of current members;C. result in a health plan incurring unreasonably high expenses in relation to the value of the benefits or services it provides;D. jeopardize the availability or adequacy of a health plan's working capital and any required surpluses or reserves; orE. endanger the ability of a health plan to meet its current and future obligations to enrollees.Subp. 3.Considerations.In making this determination the commissioner of health shall:
A. consider information supplied by a health plan in its application for the waiver or underwriting restrictions;B. be permitted access to all health plan records pertinent to such application;C. consider prevailing practices and standards relating to the financing and delivery of health care service in the community; andD. consider any comments submitted by the commissioner of commerce or any interested party.Minn. R. agency 144, ch. 4685, OPEN ENROLLMENT, pt. 4685.3200
L 1983 c 289 s 114 subd 1; L 1984 c 655 art 1 s 92Statutory Authority: MS s 62D.10