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| Home > Statutes > USA New Jersey |
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USA Statutes : new_jersey
Title : TITLE 17B INSURANCE
Chapter : 17B:27A-29.
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17B:27A-29. Meetings, organization of board; terms.
13. a. Within 60 days of the effective date of this act, the commissioner shall give notice to all members of the time and place for the initial organizational meeting, which shall take place within 90 days of the effective date. The members shall elect the initial board, subject to the approval of the commissioner. The board shall consist of 10 elected public members and two ex officio members who include the Commissioner of Health and Senior Services and the commissioner or their designees. Initially, three of the public members of the board shall be elected for a three-year term, three shall be elected for a two-year term, and three shall be elected for a one-year term. Thereafter, all elected board members shall serve for a term of three years. The following categories shall be represented among the elected public members:
(1) Three carriers whose principal health insurance business is in the small employer market;
(2) One carrier whose principal health insurance business is in the large employer market;
(3) A health service corporation or a domestic stock insurer which converted from a health service corporation pursuant to the provisions of P.L.2001, c.131 (C.17:48E-49 et al.) and is primarily engaged in the business of issuing health benefit plans in this State;
(4) Two health maintenance organizations; and
(5) (Deleted by amendment, P.L.1995, c.298).
(6) (Deleted by amendment, P.L.1995, c.298).
(7) Three persons representing small employers, at least one of whom represents minority small employers.
No carrier shall have more than one representative on the board.
The board shall hold an election for the two members added pursuant to P.L.1995, c.298 within 90 days of the date of enactment of that act. Initially, one of the two new members shall serve for a term of one year and one of the two new members shall serve for a term of two years. Thereafter, the new members shall serve for a term of three years. The terms of the risk-assuming carrier and reinsuring carrier shall terminate upon the election of the two new members added pursuant to P.L.1995, c.298, notwithstanding the provisions of this section to the contrary.
In addition to the 10 elected public members, the board shall include six public members appointed by the Governor with the advice and consent of the Senate who shall include:
Two insurance producers licensed to sell health insurance pursuant to P.L.1987, c.293 (C.17:22A-1 et seq.);
One representative of organized labor;
One physician licensed to practice medicine and surgery in this State; and
Two persons who represent the general public and are not employees of a health benefits plan provider.
The public members shall be appointed for a term of three years, except that of the members first appointed, two shall be appointed for a term of one year, two for a term of two years and two for a term of three years.
A vacancy in the membership of the board shall be filled for an unexpired term in the manner provided for the original election or appointment, as appropriate.
b. If the initial board is not elected at the organizational meeting, the commissioner shall appoint the public members within 15 days of the organizational meeting, in accordance with the provisions of paragraphs (1) through (7) of subsection a. of this section.
c. (Deleted by amendment, P.L.1995, c.298).
d. All meetings of the board shall be subject to the requirements of the ~Open Public Meetings Act,~ P.L.1975, c.231 (C.10:4-6 et seq.).
e. At least two copies of the minutes of every meeting of the board shall be delivered forthwith to the commissioner.
L.1992,c.162,s.13; amended 1994, c.97; 1995, c.196, s.7; 1995, c.298, s.6; 1999, c.367, s.2; 2001, c.131, s.22.
17B:27A-29.1 Immunity from liability for board
11. A member of the board and an employee of the board shall not be liable in an action for damages to any person for any action taken or recommendation made by him within the scope of his functions as a member or employee, if the action or recommendation was taken or made without malice. The members of the board shall be indemnified and their defense of any action provided for in the same manner and to the same extent as employees of the State under the ~New Jersey Tort Claims Act,~ P.L.1972, c.45 (C.59:1-1 et seq.) on account of acts or omissions in the scope of their employment.
L.1995,c.298,s.11.
17B:27A-29.2 Rules, regulations for voluntary risk pooling arrangement
12. The board may, if necessary, adopt rules and regulations pursuant to the ~Administrative Procedure Act,~ P.L.1968, c.410 (C.52:14B-1 et seq.) to establish a voluntary risk pooling arrangement for program members.
If the board determines that such an arrangement is necessary, it shall submit the proposed rules and regulations to the Legislature for review on a day that the Legislature is in session and to the commissioner for his approval. If the Legislature does not take action in 30 days to amend or otherwise change the rules and regulations, the rules and regulations shall be effective upon approval by the commissioner or upon such later date as the board determines.
L.1995,c.298,s.12.
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