Current through Register Vol. 56, No. 24, December 18, 2024
(a) When
requesting relief from obligations pursuant to N.J.S.A. 17B:27A-26b or
17B:27A-38, the applicant shall
provide with its request the following information in a clear, concise and
complete manner:
1. A cover letter stating:
i. The name of the applicant;
ii. The form of relief and, if a deferral of
less than the full amount, specific amount/percentage of relief which the
applicant is requesting;
iii. A
statement of facts relied upon as the basis under which relief is sought,
including the specific factor(s) upon which the Commissioner may find that the
member is or would be placed in a financially impaired position as set forth in
N.J.A.C. 11:2-27.3(a)1 to
29; and
iv. The name, title,
telephone number and telefax number of a contact person familiar with the
filing to whom the Department may direct any additional questions;
2. A detailed explanation, with
supporting documentation, of the projected effect that fulfillment of the
obligation would have on the immediate and long term financial condition of the
applicant unless relief is granted as requested;
3. The most recent financial examination
report, whether conducted by the applicant's state of domicile or other
state;
4. A statement addressing
whether the applicant is planning to modify its method of doing business in any
way including, but not limited to, new acquisitions or new
restructuring;
5. If the applicant
is a member of a holding company system, the following shall be provided:
i. A list of all members of the holding
company system;
ii. A list of all
intercompany transactions for the period beginning January 1 in the year of the
filing to the date of the quarterly statement immediately preceding the date of
the filing, in the format set forth in the statutory annual statement filed by
the applicant; and
iii. A copy of
the registration statement filed pursuant to
N.J.S.A. 17:27A-3 and the applicant's
organizational chart;
6.
An actuarial opinion attesting to the adequacy of reserves specifically for all
accident and health lines of business, and for all lines of business which the
applicant transacts, in the format of and satisfying all requirements for the
actuarial opinion and memorandum required to be submitted as a part of the
annual statement filed by the applicant.
i.
If the applicant is a health maintenance organization, the applicant shall
obtain and file an actuarial opinion which complies with the requirements set
forth in (a)6 above;
7.
A report signed by the attesting actuary referred in (a)6 above, which
includes, in summary form if necessary, all data utilized, a complete
explanation of methods and assumptions and sufficient additional narrative to
account for any features of the data or circumstances necessary for proper
interpretation;
8. A copy of the
annual statement of the applicant, including all accompanying exhibits, filed
with this State immediately preceding the date of the relief filing;
9. Copies of all quarterly statements for the
period beginning January 1 in the year of the filing to the quarterly statement
immediately preceding the date of the filing;
10. Three year financial projections
beginning with the calendar year of the date of the filing assuming relief is
granted and assuming relief is denied. The projections shall include, in
summary form if necessary, all data utilized, and a complete explanation of
methods and assumptions utilized and relied upon by the applicant in making the
projections. The projections shall include results for the applicant's
operations worldwide by line of business and for the applicant's operations in
New Jersey only for health benefits plans issued pursuant to
N.J.S.A. 17B:27A-17 et seq. The
projections shall assume the same rate of assessment as in the first year for
the subsequent years, and shall include projections of the applicant's
operating results containing the information and in the format set forth in the
following:
i. For life and health insurers,
the balance sheet and summary of operations exhibits of the statutory annual
statement filed by the insurer;
ii.
For property and casualty insurers, the balance sheet and Underwriting and
Investment Exhibit of the statutory annual statement filed by the
insurer;
iii. For health service
corporations, hospital service corporations and medical service corporations,
the balance sheet and Underwriting and Investment Exhibit of the statutory
annual statement filed by the service corporation; and
iv. For health maintenance organizations, the
balance sheet and statement of revenue, expenses and net worth of the annual
statement filed by the health maintenance organization;
11. A description of any relief from
obligations imposed by this State or any other state granted or in effect
within the preceding 12 months, and the basis upon which such relief was
granted;
12. A non-refundable
filing fee of $ 1,000, unless the applicant is in rehabilitation or
conservation at the time of filing pursuant to
N.J.S.A. 17B:32-31 et seq. or such similar
law of the applicant's state of domicile; and
13. Any other information the Commissioner
may deem relevant to the consideration of the request.
(b) An applicant asserting that the
Department's review of its request be evaluated on a particular basis (that is,
pre-pooled, post-pooled, consolidated or unconsolidated), shall submit a
written statement which sets forth the specific reasons, with supporting
documentation, if any, for which it believes evaluation on a particular basis
is appropriate to that applicant, and the specific reasons, with supporting
documentation, if any, for which evaluation on other bases would be
inappropriate.
(c) All filings
shall be accompanied by the following certification signed by the chief
financial officer of the applicant: "I ......... certify that the attached
filing complies with all requirements set forth in N.J.A.C. 11:21-15 and that
all of the information it contains is true and accurate. I further certify that
I am authorized to execute this certification on behalf of the
applicant."