Senate File 2349 H-8288 Amend Senate File 2349, as passed by the Senate, as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 507A.4, subsection 9, Code 2018, is 4 amended to read as follows: 5 9. a. Transactions involving a multiple employer welfare 6 arrangement, as defined in section 3 of the federal Employee 7 Retirement Income Security Act of 1974, 29 U.S.C. §1002, 8 paragraph 40, if the multiple employer welfare arrangement 9 meets all of the following conditions: 10 (1) The arrangement is administered by an authorized 11 insurer or an authorized third-party administrator. 12 (2) The arrangement has been in existence and provided 13 health insurance in Iowa for at least five years prior to July 14 1, 1997. 15 (3) (2) The arrangement was is established by a trade, 16 industry, or professional association of employers that 17 has a constitution or bylaws, and has been is organized and 18 maintained in good faith for at least ten continuous years 19 prior to July 1, 1997 with membership stability as defined by 20 rules adopted by the commissioner . 21 (4) (3) The arrangement registers with and obtains 22 and maintains a certificate of registration issued by the 23 commissioner of insurance . 24 (5) (4) The arrangement is subject to the jurisdiction 25 of the commissioner of insurance, including regulatory 26 oversight and complies with all rules and solvency standards as 27 established by rules adopted by the commissioner of insurance 28 pursuant to chapter 17A . 29 b. A multiple employer welfare arrangement registered with 30 the commissioner of insurance that does not meet the solvency 31 standards requirements established by rule adopted by the 32 commissioner of insurance is pursuant to chapter 17A shall be 33 subject to chapter 507C . 34 c. A multiple employer welfare arrangement that meets all 35 -1- SF2349.4742 (1) 87 ko/rj 1/ 3 #1.

of the conditions of paragraph “a” shall not be considered any 1 of the following: 2 (1) An insurance company or association of any kind or 3 character under section 432.1 . 4 (2) A member of the Iowa individual health benefit 5 reinsurance association under section 513C.10 . 6 (3) A member insurer of the Iowa life and health insurance 7 guaranty association under section 508C.5, subsection 12 . 8 d. A multiple employer welfare arrangement registered with 9 the commissioner of insurance shall file with the commissioner 10 of insurance on or before March 1 of each year a copy of the 11 report required to be filed by the multiple employer welfare 12 arrangement with the United States department of labor pursuant 13 to 29 C.F.R. §2520.101-2 . A newly formed multiple employer 14 welfare arrangement shall file with the commissioner a copy 15 of the report required to be filed pursuant to 29 C.F.R. 16 §2520.101-2 by a newly formed multiple employer welfare 17 arrangement with the United States department of labor thirty 18 days prior to operating in any state. The copy shall be filed 19 with the commissioner within thirty calendar days of the date 20 that the multiple employer welfare arrangement files the report 21 with the United States department of labor. 22 e. When not otherwise provided, a A foreign or domestic 23 multiple employer welfare arrangement doing business in this 24 state shall pay to the commissioner of insurance the fees 25 as required in pursuant to section 511.24 unless otherwise 26 provided by law . 27 Sec. 2. Section 509.1, Code 2018, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 8A. A policy of group health insurance 30 coverage issued to an associated health plan pursuant 31 to section 513D.1 that is subject to regulation by the 32 commissioner. 33 Sec. 3. Section 509.1, subsection 9, unnumbered paragraph 34 1, Code 2018, is amended to read as follows: 35 -2- SF2349.4742 (1) 87 ko/rj 2/ 3

A policy issued to a resident of this state under a group 1 life, accident, or health insurance policy issued to a group 2 other than one described in subsections 1 through 8 8A , subject 3 to the following requirements: 4 Sec. 4. NEW SECTION . 513D.1 Association health plans. 5 The commissioner shall adopt rules that allow for the 6 creation of association health plans that are consistent with 7 the United States department of labor’s regulations in 29 8 C.F.R. pt. 2510. 9 Sec. 5. NEW SECTION . 513D.2 Rules and enforcement. 10 1. The commissioner shall adopt rules, as necessary, 11 pursuant to chapter 17A to administer this chapter. 12 2. The commissioner may take any enforcement action under 13 the commissioner’s authority to enforce compliance with this 14 chapter. > 15 ______________________________ LANDON of Polk -3- SF2349.4742 (1) 87 ko/rj 3/ 3