§ 26.1-08-09 — Participating members (Repealed effective December 31, 2027)

1. There is established a comprehensive health association with participating members.
2. All participating members shall maintain their membership in the association, as a
condition for writing policies in this state.
3. Each participating member of the association shall share the losses due to claims and
administrative expenses of the association. The difference between the total claims
expense of the association and the benefit plan premiums received is the liability of the
participating members. Such participating members shall share in the excess costs of
the association in an amount equal to the ratio of a participating member's total annual
premium volume for health insurance received from or on behalf of state residents, to
the total health insurance premium volume received by all of the participating
members as determined by the lead carrier and approved by the board. For
determining the liability of participating members, health insurance coverage includes
Medicare supplemental health insurance as defined under section 1882(g)(1) of the
federal Social Security Act [42 U.S.C. 1395ss(g)(1)] but does not include federal
employees health benefits plans or Medicare part C plans.
4. Each member's liability may be determined retroactively and payment of the
assessment is due within thirty days after notice of the assessment is given. Failure by
a member to tender to the lead carrier on behalf of the association the full amount
assessed within thirty days of notification by the lead carrier is grounds for termination
of membership.