All applications and renewal filings should be directed to the Company Licensing and Examinations Division at colicexam@nd.gov.
Multiple Employer Welfare Arrangements (MEWAs) are arrangements that allow a group of employers collectively to offer health insurance coverage to their employees. MEWA plans are generally available to the employees (and sometimes their dependents) of the employers who are part of the arrangement. People who do not have an employment connection to the group cannot obtain coverage through the MEWA plan. MEWAs are subject to N.D.C.C. § 26.1-04-03 and N.D. Admin.Code § 45-06-14.
- $500 filing fee made payable to the North Dakota Insurance Commissioner;
- A copy of the organizational documents of the MEWA, including bylaws, partnership agreement, or instrument;
- A copy of each executed insurance or reinsurance contract that purports to insure or guarantee any portion of benefits or coverage offered by the MEWA;
- A copy of the benefit plan description and any other materials intended to be distributed to potential members;
- The names and address of all persons performing or expected to perform the functions of a financial administrator or service company; and
- Include all service agreements with the application.
Upon approval of an application, the Commissioner shall issue a certificate authorizing the proposed self-funded MEWA. The initial certificate for a new MEWA is effective until revoked by the Commissioner. Approval of an application for authority to self-fund must be granted if the proposed MEWA conforms with all requirements of the chapter (N.D. Admin. Code § 45-06-14-06).
A MEWA may terminate its self-funded authority and cease to provide coverage effective at the end of a fund year. The MEWA must notify the Commissioner within 90 days of its decision to terminate. A MEWA may not terminate its self-funding authority less than 90 days prior to the end of the fund year (N.D. Admin. Code § 45-06-14-07).
A MEWA must apply to the Insurance Commissioner for authorization to dissolve. Dissolution without authorization is prohibited and void and does not absolve a MEWA from fulfilling its continuing obligations and does not absolve its members from assessments under subsection 3 of section N.D. Admin. Code § 45-06-14-14. The MEWAs assets must be distributed to the members and covered persons as provided in the bylaws. Authorization must be granted if either of the following conditions is met:
- The MEWA demonstrates it has no outstanding liabilities, including incurred but not reported liabilities; or
- The MEWA has obtained an irrevocable commitment from a licensed insurer to pay all outstanding liabilities and provide all related services including the payment of claims, preparation of reports and the administration of transactions associated with the period during which the MEWA provided coverage.
Authority to operate as an existing MEWA will automatically renew annually with the filing of:
- MEWAs annual financial statement to the Insurance Commissioner;
- Financial statements must contain a balance sheet;
- statement of revenues, expenses and surplus; a statement of changes in financial position and a schedule of investment;
- Financial statements must be filed with the Commissioner no later than 180 days after the end of the MEWAs fiscal year end annually;
- Financial statements for MEWAs with greater than $2 million in premiums must be audited by an independent certified public accountant;
- Financial statements must include reserves for all incurred losses, both reported and unreported, and for unearned premiums.
- Financial statements must contain a balance sheet;
- Payment of $100 pursuant to N.D.C.C. § 26.1-01-07;
- In addition, the MEWA must maintain its financial ability to pay claims and expenses pursuant to N.D. Admin. Code § 45-06-14-16.