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18 payments, the expenses of administration, and the 19 incurred losses of the association for the year. The 20 association shall certify the amount of any net loss 21 for the preceding calendar year to the commissioner of 22 insurance and director of revenue and financewho23shall make payment to the association according to24procedures established under subsection 3, paragraph25"f". Anyremainingloss, after payment to the26association from the health insurance trust fund,27 shall be assessed by the association to all members in 28 proportion to their respective shares of total health 29 insurance premiums or payments for subscriber 30 contracts received in Iowa during the second preceding 31 calendar year, or with paid losses in the year, 32 coinciding with or ending during the calendar year or 33 on any other equitable basis as provided in the plan 34 of operation. In sharing losses, the association may 35 abate or defer in any part the assessment of a member, 36 if, in the opinion of the board, payment of the 37 assessment would endanger the ability of the member to 38 fulfill its contractual obligations. The association 39 may also provide for an initial or interim assessment 40 against members of the association if necessary to 41 assure the financial capability of the association to 42 meet the incurred or estimated claims expenses or 43 operating expenses of the association until the next 44 calendar year is completed. Net gains, if any, must 45 be held at interest to offset future losses or 46 allocated to reduce future premiums." 47 41. Page 23, by inserting after line 35 the 48 following: 49 "Sec. ___. Section 514E.5, subsection 2, Code 50 1997, is amended to read as follows: Page 12 1 2. Services and charges made for benefits provided 2 under the laws of the United States,including3 excluding Medicare and Medicaid, military service- 4 connected disabilities, but including medical services 5 provided for members of the armed forces and their 6 dependents or for employees of the armed forces of the 7 United States, and medical services financed on behalf 8 of all citizens by the United States. 9 However, the association policy shall pay benefits 10 as a primary payer in any case where benefit coverage 11 provided under the laws of the United States,12including Medicare and Medicaid,or under the laws of 13 this state is, by rule or statute, secondary to all 14 other coverages." 15 42. Page 24, line 19, by inserting after the word 16 "carrier" the following: "or organized delivery 17 system".
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