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House Journal: Page 803: Tuesday, March 25, 1997

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 finance who
23   shall make payment to the association according to
24   procedures established under subsection 3, paragraph
25   "f".  Any remaining loss, after payment to the
26   association 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, including
 3   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,
12   including 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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