Section 10843 Of Article 5. Additional Powers Of And Restrictions On Purchasing Alliances From California Insurance Code >> Division 2. >> Part 2. >> Chapter 9. >> Article 5.
10843
. A purchasing alliance shall not do any of the following:
(a) Purchase health care services, assume risk for the cost or
provision of health services, or otherwise contract with health care
providers for the provision of health care services directly to
enrollees.
(b) Exclude a small employer or eligible employee or dependent of
an eligible employee of a small employer from membership in the
purchasing alliance who agrees to pay fees for membership and the
premium for coverage through the purchasing alliance and who abides
by the bylaws and rules of the purchasing alliance.
(c) Prohibit the participation of small employers, as described in
subdivision (a) of Section 1357.03 of the Health and Safety Code and
in subdivision (b) of Section 10705, or utilize risk adjustment
practices that conflict with the small employer group health
provisions described in subdivisions (a) and (b) of Section 1357.12
of the Health and Safety Code and subdivision (b) of Section 10714.
(d) Charge a fee not directly related to the operation of the
purchasing alliance.
(e) As a condition of participation, require an employer or small
employer, eligible employee or dependent to subscribe to nonhealth
care or nonhealth insurance related products or services.
(f) Operate the purchasing alliance or market the purchasing
alliance in a service region in a way that would cause the purchasing
alliance to select a risk pool with health care utilization that is
significantly below the average for all similar groups with similar
coverage in the same region.
(g) Engage in any competitive act or practice that results in the
selection of small employers and his or her enrollees and dependents
based on actual or expected health status, claims experience, medical
utilization, industry, occupation, or geographic location within the
service region.
(h) Require or take any action inconsistent or in conflict with
state laws or regulations.