Delaware Administrative Code
Title 18 - Insurance
1400 - Health Insurance Specific Provisions
1405 - Requirements for Fully Insured Multiple Employer Welfare Arrangements and Association Health Plans
Section 1405-9.0 - Membership Requirements
Universal Citation: 18 DE Admin Code 1405-9.0
Current through Register Vol. 28, No. 3, September 1, 2024
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.
Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
