Sec. 21. (a) An insurer who ceases to renew all small employer plans may not do the following: (1) Accept any new small employer business for five (5) years after the notice of nonrenewal of the plans. (2) Transfer or otherwise provide coverage to any of the employers from the nonrenewed class of business unless the insurer offers to transfer or provide coverage to all affected employers and eligible employees and dependents without regard to case characteristics, claim experience, health status, or duration of coverage. (b) The commissioner may suspend the penalty under subsection (a)(1) upon a finding by the commissioner that the suspension would enhance the efficiency and fairness of the marketplace for small employer health insurance.
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