376.1030. Agreement of employer to pay benefits, requirements, form--copy filed with director--no excuse from liability.
Agreement of employer to pay benefits, requirements, form--copy filedwith director--no excuse from liability.
376.1030. 1. A multiple employer self-insured health planshall require each employer, as a condition of participation inthe plan, to execute an agreement by which the employer agreespersonally to pay all claims for benefits covered under the planwhich are incurred by his or its covered employees and theircovered dependents, but which the plan or its stop-loss insurerhas failed to pay. Such agreements shall be made on formsprescribed by the director and shall extend to all unpaid claimsfor benefits incurred by the employer's employees and theirdependents during the time such employees and dependents werecovered under the plan.
2. A clear and legible copy of each agreement executed byeach participating employer shall be filed with the director bythe plan as part of its application for a license. No licenseshall be issued unless copies of such agreements are filed. Withrespect to an employer who joins the plan after a license hasbeen issued, the plan shall file a copy of the agreement executedby the employer within ten days after the employer joins theplan.
3. Neither failure of an employer to execute an agreement,nor failure of the plan to require such execution, shall excusethe employer from liability for unpaid claims incurred by coveredemployees and dependents. An employer shall be deemed to havenotice of the requirements of this section, and upon joining theplan, the employer shall be deemed to have agreed to liabilityfor unpaid claims of his covered employees and their dependentsin the same manner as if an agreement had been executed.
(L. 1993 H.B. 709 § 34)