§ 10-16-105-6

(1) A carrier offering an individual or group health benefit plan shall not require any individual, as a condition of enrollment or continued enrollment under the plan, to pay a premium or, for group plans, a contribution that is greater than the premium or contribution for a similarly situated individual enrolled in the plan on the basis of any health-status-related factor in relation to the individual or to an individual enrolled under the plan as a dependent of the individual.(2) The prohibition in subsection (1) of this section does not:(a) Restrict the amount that a carrier may charge an employer for coverage under a group health benefit plan; or(b) Prevent a carrier from establishing premium discounts or rebates or modifying otherwise applicable copayments, coinsurance, or deductibles in return for adherence to programs of health promotion and disease prevention if otherwise allowed by state or federal law.(3) Repealed.(4) A small employer carrier may impose a premium surcharge of up to thirty-five percent above the modified community rate on a small employer group whose small group insurance has been discontinued because of nonpayment of premiums or fraud.

remium surcharge of up to thirty-five percent above the modified community rate on a small employer group whose small group insurance has been discontinued because of nonpayment of premiums or fraud. The small employer carrier may impose the premium surcharge when the small business group reapplies for coverage in the small group market. A small employer carrier may require the increased premium to apply to the small business group for up to twelve months.Amended by 2017 Ch. 283, § 19, eff. 6/1/2017.Amended by 2016 Ch. 210, § 14, eff. 6/6/2016.Added with amended and relocated provisions by 2013 Ch. 217, § 9, eff. 5/13/2013.Subsections (1) and (2) are similar to former § 10-16-107 (6); subsections (3)(a), (3)(b), and (3)(c) are similar to former § 10-16-105 (13)(a); subsection (3)(d) is similar to former § 10-16-105 (13)(d); and subsection (4) is similar to former § 10-16-105 (14)(a), as those sections existed prior to 2013.