§58-42-5. Purposes, contents, and operation of risk sharing plans

(a)        Each plan promulgated or prepared pursuant to G.S. 58-42-1 shall:

(1)        Give consideration to:

a.         The need for adequate and readily accessible coverage;

b.         Optional methods of improving the market affected;

c.         The inherent limitations of the insurance mechanism;

d.         The need for reasonable underwriting standards; and

e.         The requirement of reasonable loss prevention measures;

(2)        Establish procedures that will create minimum interference with the voluntary market;

(3)        Distribute the obligations imposed by the plan, and any profits or losses experienced by the plan, equitably and efficiently among the participating insurers; and

(4)        Establish procedures for applicants and participants to have their grievances reviewed by an impartial body. The filing and processing of a grievance pursuant to this subdivision does not stay the requirement for participation in a plan mandated by G.S. 58-42-10.

(b)        Each plan may, on behalf of its participants:

(1)        Issue policies of insurance to eligible applicants;

(2)        Underwrite, adjust, and pay losses on insurance issued by the plan;

(3)        Appoint a service company or companies to perform the functions enumerated in this subsection; and

(4)        Obtain reinsurance for any part or all of its risks.

(1986, Ex. Sess., c. 7, s. 1; 1999-114, s. 1.)