Section Ins 8.80 - Rating(1) In establishing the new business premium rate for the plan, a small employer insurer shall take into account the experience of all of its small employer health benefit plans. The differences between the plan's new business premium rate and the insurer's new business premium rates for all other small employer health benefit plans shall be based solely on the differences in the plan designs and not on the actual or anticipated experience of those insured under the basic health benefit plan.(2)(a)1. Except as provided in par. (b), the plan shall apply a higher rate to smokers than to nonsmokers. The rate applied to smokers shall be no higher than permitted under s. 111.35(3), Stats. The small employer insurer shall provide the small employer with enough copies of the statements required under s. 111.35(3) (a) 2. and (b) 2., Stats., for distribution to all plan participants.2. For the purpose of complying with s. 635.05, Stats., and s. Ins 8.52, smoking status shall be treated as a case characteristic.(b) Paragraph (a) does not apply to a health maintenance organization federally qualified under title 13 of the public health service act.Wis. Admin. Code Office of the Commissioner of Insurance Ins 8.80
Cr. Register, June, 1993, No. 450, eff. 7-1-93.