1. (a) A multiple employer welfare arrangement that holds an initial certificate of authority must apply for a final certificate of authority not later than the first anniversary of the date of issuance of the initial certificate.

2. (b) The multiple employer welfare arrangement must file an application for a final certificate of authority on a form prescribed by the commissioner and furnish the information required by the commissioner. The application for a final certificate of authority must include only:

   1. (1) the names and addresses of:

      1. (A) the association or group of employers sponsoring the arrangement;
      2. (B) the board members of the arrangement; and
      3. (C) if the employers in the arrangement are not an association, at least five employers;
   2. (2) proof of compliance with the bonding requirements;
   3. (3) a copy of each plan document and each agreement with service providers; and

   4. (4) a funding report containing:

      1. (A) a statement certified by the board and an actuarial opinion that all applicable requirements of Section 846.153 have been met;

      2. (B) an actuarial opinion describing the extent to which contributions or premium rates:

         1. (i) are not excessive;
         2. (ii) are not unfairly discriminatory; and
         3. (iii) are adequate to provide for the payment of all obligations and the maintenance of required cash reserves and surplus by the arrangement;
      3. (C) a statement of the current value of the assets and liabilities accumulated by the arrangement and a projection of the assets, liabilities, income, and expenses of the arrangement for the next 12-month period; and

      4. (D) a statement of the costs to be charged for coverage, including an itemization of amounts for:

         1. (i) administrative expenses;
         2. (ii) reserves; and
         3. (iii) other expenses associated with operation of the arrangement.
3. (c) The reserves described in Section 846.154(a) must have been established or be established before the final certificate of authority is issued.
4. (d) If, after examination and investigation, the commissioner is satisfied that the multiple employer welfare arrangement meets the requirements of this chapter, the commissioner shall issue a final certificate of authority to the arrangement.
5. (e) The commissioner shall maintain the information required under Subsection (b)(1)(C) and Subsection (b)(3) as confidential information.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.