Alabama Administrative Code
Title 482 - ALABAMA DEPARTMENT OF INSURANCE
Chapter 482-1-116 - ALABAMA SMALL EMPLOYER ALLOCATION PROGRAM
Section 482-1-116-.03 - Applicability And Scope
Universal Citation: AL Admin Code R 482-1-116-.03
Current through Register Vol. 42, No. 11, August 30, 2024
(a) This Regulation shall apply to any health benefit plan that provides coverage to the employees of a small employer in this state if any of the following conditions are met:
(1) Any portion of the premium or
benefits is paid by or on behalf of the small employer.
(2) An eligible employee or dependent is
reimbursed, whether through wage adjustments or otherwise, by or on behalf of
the small employer for any portion of the premium.
(3) The health benefit plan is treated by the
employer or any of the eligible employees or dependents as part of a plan or
program for the purposes of Section 162, Section 125 or Section 106 of the
United States Internal Revenue Code.
(4) The health benefit plan is marketed to
individual employees through an employer.
(b)
(1)
Except as provided in Subdivision (2), for the purposes of this Regulation,
carriers that are affiliated companies or that are eligible to file a
consolidated tax return shall be treated as one carrier and any restrictions or
limitations imposed by this Regulation shall apply as if all health benefit
plans delivered or issued for delivery to small employers in this state by such
affiliated carriers were issued by one carrier.
(2) An affiliated carrier that is a health
maintenance organization having a certificate of authority under Section
27-21A-1,
et
seq., Code of
Ala. 1975, may be considered to be a separate carrier for the
purposes of this Regulation.
Author: Reyn Norman, Associate Counsel
Statutory Authority: Code of Ala. 1975, § 27-52-21.
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