A BILL TO BE ENTITLED
AN ACT TO PROVIDE ACCESS TO HEALTH INSURANCE COVERAGE TO CERTAIN INDIVIDUALS THROUGH THE ESTABLISHMENT OF THE NORTH CAROLINA HEALTH INSURANCE RISK POOL.
The General Assembly of North Carolina enacts:
SECTION 1.1.  Article 50 of Chapter 58 of the General Statutes is amended by adding a new Part to read:
"Part 7. North Carolina Health Insurance Risk Pool.
"§ 58‑50‑245.  Definitions.
For the purposes of this Part:
(1)	"Administrator." – The Pool Administrator selected by the Executive Director in accordance with this Part.
(2)	"Benefit plan." – Coverage offered by the Pool to eligible individuals.
(3)	"Board." – The Board of Directors of the Pool.
(4)	"Commissioner." – The Commissioner of Insurance.
(5)	"Covered person." – Any individual resident of this State, excluding dependents, who is eligible to receive health benefits from any insurer.
(6)	"Church plan." –  The meaning given that term under section 3(33) of the Employee Retirement Income Security Act of 1974.
(7)	"Creditable coverage." – The same meaning as prescribed in G.S. 58‑68‑30(c)(1).
(8)	"Executive Director." – The individual selected by a majority vote of the Board members and hired to serve as the Executive Director of the Pool.
(9)	"Federally defined eligible individual." – The same meaning as "eligible individual" as prescribed in G.S. 58‑68‑60(b).
(10)	"Governmental plan." – The same meaning as prescribed in G.S. 58‑68‑60(h)(2).
(11)	"Group health plan." – An employee welfare benefit plan as defined in section 3(1) of the Employee Retirement Income Security Act of 1974 to the extent that the plan provides medical care, including items and services paid for as medical care to employees as defined under the terms of the plan directly or through insurance, reimbursement, or otherwise.
(12)	"Health insurance coverage." – The meaning prescribed in G.S. 58‑68‑25(a)(5). Health insurance coverage does not include benefits described in G.S. 58‑68‑25(b).
(13)	"Insurance arrangement." – A plan, program, contract, or other arrangement through which medical care services are provided by an employer to its officers or employees but does not include medical care services covered through an insurer.
(14)	"Insured." – An individual who is eligible to receive benefits from the Pool. 
(15)	"Insurer." – Any entity, other than the Pool, that provides health insurance coverage in this State. For the purposes of this Part, insurer includes:
a.	An insurance company;
b.	A hospital or medical service corporation;
c.	A health maintenance organization;
d.	A multiple employer welfare arrangement;
e.	A third‑party administrator or claims processor;
f.	An administrative service organization;
g.	The State Health Plan; and
h.	Any other nongovernmental entity providing a health benefit plan subject to State insurance regulation; and
(16)	"Medical care." – Amounts paid for:
a.	The diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body;
b.	Transportation primarily for and essential to medical care referred to in sub‑subdivision a. of this subdivision; and
c.	Insurance covering medical care referred to in sub‑subdivisions a. and b. of this subdivision.
(17)	"Plan of Operation." – The articles, bylaws, and operating rules and procedures adopted by the Board in accordance with this Part.
(18)	"Pool." – The North Carolina Health Insurance Risk Pool.
(19)	"Resident." – An individual who is in the country legally and who:
a.	Has been legally domiciled in this State for a period of at least 30 days, except that for a federally defined eligible individual, there shall not be a 30‑day requirement;
b.	Is legally domiciled in this State on the date of application to the Pool and who is eligible for enrollment in the Pool as a result of the Health Insurance Portability and Accountability Act of 1996; or
c.	Is legally domiciled in this State on the date of application to the Pool and is eligible for the credit for health insurance costs under section 35 of the Internal Revenue Code of 1986.
(20)	"State Health Plan." – The Teachers' and State Employees' Comprehensive Major Medical Plan as set forth in Parts 1, 2, and 3 of Article 3 of Chapter 135 of the General Statutes.
(21)	"Trade Adjustment Assistance Program."(TAA). – Title II of the Trade Act of 2002, P.L. 107‑210.
(22)	"Trust Fund." – The North Carolina Health Insurance Risk Pool Trust Fund. 
"§ 58‑50‑250.  Risk Pool established; board of directors; plan of operation.
(a)	Risk Pool Established. – There is hereby created the North Carolina Health Insurance Risk Pool. The Pool shall be established within the Department of Administration for budgetary purposes only. The Pool shall operate under the supervision and control of the Board.
(b)	Board Appointment; Membership. – The Board of the North Carolina Health Insurance Risk Pool shall consist of the Commissioner, who shall serve as an ex officio nonvoting member of the Board, and 11 members appointed as follows:
(1)	Three members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate.
(2)	Three members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives.
(3)	Three members appointed by the Governor.
(4)	Two members appointed by the Commissioner.
(c)	Board; Terms of Appointment; Vacancies; Compensation. – The initial Board members shall be appointed as follows: four of the members appointed by the General Assembly shall serve a term of four years, and two shall serve a term of three years; the members appointed by the Governor shall serve a term of two years; the members appointed by the Commissioner shall serve a term of one year. Subsequent Board members shall serve for terms of four years. A Board member's term shall continue until the member's successor is appointed by the original appointing authority. The Governor shall appoint a chair to serve for the initial two years of the Plan's operation. Subsequent chairs shall be elected by a majority vote of the Board members and shall serve for two‑year terms. A Board member may be removed by the appointing authority for cause. Board members shall receive travel allowances under G.S. 138‑6 when traveling to and from Board meetings, but shall not receive subsistence allowance or per diem under G.S. 138‑5.
(d)	Plan of Operation. – The Executive Director shall submit to the Board a Plan of Operation for the Pool and any amendments necessary or suitable to assure the fair, reasonable, and equitable administration of the Plan of Operation. The Plan of Operation shall become effective upon approval by the majority of the Board consistent with the date on which the coverage under this Part must be made available. The Executive Director shall submit a suitable Plan of Operation within 180 days after the appointment of the Board. The Plan of Operation shall:
(1)	Establish procedures for operation of the Pool.
(2)	Establish procedures for selecting a Pool Administrator in accordance with G.S. 58‑50‑255.
(3)	Establish procedures to create a fund for administrative expenses, which shall be managed by the Board.
(4)	Establish procedures for the collection, handling, disbursing, accounting, assessing, and auditing of assessments, assets, monies, and claims of the Pool and the Pool Administrator.
(5)	Develop and implement a program to publicize the existence of the Pool, the eligibility requirements, procedures for enrollment, and availability of State premium subsidies, and to maintain public awareness of the Pool.
(6)	Establish procedures under which applicants and participants may have grievances reviewed by a grievance committee appointed by the Executive Director in accordance with G.S. 58‑50‑295.
(7)	Establish procedures for identifying and confirming income levels of applicants for Pool coverage who are eligible to receive a State premium subsidy, if a State premium subsidy is available.
(8)	Provide for other matters as may be necessary and proper for the execution of the Executive Director's powers, duties, and obligations under this Part.
(e)	The Pool shall have the general powers and authority granted under the laws of this State to health insurers and the specific authority to do all of the following:
(1)	Enter into contracts as are necessary or proper to carry out the provisions and purposes of this Part, including the authority, with the approval of the Executive Director in collaboration with the Board, to enter into contracts with similar plans of other states for the joint performance of common administrative functions or with persons or other organizations for the performance of administrative functions.
(2)	Sue or be sued, including taking any legal actions necessary or proper to recover or collect assessments due the Pool.
(3)	Take legal action as necessary to:
a.	Avoid the payment of improper claims against the Pool or the coverage provided by or through the Plan.
b.	Recover any amounts erroneously or improperly paid by the Plan.
c.	Recover any amounts paid by the Pool as a result of mistake of fact or law.
d.	Recover other amounts due the Pool.
(4)	Establish rates and rate schedules in accordance with this Part.
(5)	Issue policies of insurance in accordance with the requirements of this Part.
(6)	Appoint appropriate legal, actuarial, and other committees as necessary to provide technical assistance in the operation of the Pool, policy, and other contract design, and any other function within the Pool's authority.
(7)	Establish policies, conditions, and procedures for reinsuring risks of participating health insurers, as defined in G.S. 58‑68‑25(a), desiring to issue Pool coverage in their own name. Provision of reinsurance shall not subject the Pool to any of the capital or surplus requirements, if any, otherwise applicable to reinsurers.
(8)	Employ and fix the compensation of employees.
(9)	Prepare and distribute certificate of eligibility forms and enrollment instruction forms to insurance producers and to the general public.
(10)	Provide for reinsurance of risks incurred by the Pool.
(11)	Issue additional types of health insurance policies to provide optional coverage, including Medicare supplemental insurance coverage.
(12)	Provide for and employ cost containment measures and requirements including preadmission screening, second surgical opinion, concurrent utilization review, disease management, individual case management, and other commonly used benefit plan design features for the purpose of making health insurance coverage offered by the Pool more cost‑effective.
(13)	Design, utilize, contract, or otherwise arrange for the delivery of cost‑effective health care services, including establishing or contracting with preferred provider organizations, health maintenance organizations, and other limited network provider arrangements.(14)	Adopt bylaws, policies, and procedures as may be necessary or convenient for the implementation of this Part and the operation of the Pool.
(15)	Assess all insurers in accordance with G.S. 58‑50‑290.(f)	The Executive Director, with the approval of the Board, shall operate the Pool in a manner so that the estimated cost of providing a benefit plan during any calendar year is not anticipated to exceed the total income the Pool expects to receive from policy premiums and other revenue available to the Pool. 
(g)	The Executive Director shall make an annual report to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Joint Legislative Health Care Oversight Committee, and the Committee on Employee Hospital and Medical Benefits. The report shall summarize the activities of the Pool in the preceding calendar year, including the net written and earned premiums, benefit plan enrollment, the expense of administration, and the paid and incurred losses.
(h)	Neither the Board nor the employees of the Pool are liable for any obligations of the Pool. There shall be no liability on the part of, and no cause of action of any nature shall arise against, the Pool or its agents or employees, the Board, the Executive Director, the Commissioner, or his representatives for any action taken by them in good faith in the performance of their powers and duties under this Part.
(i)	The members of the Board shall comply with the provisions of G.S. 14‑234 and other statutory provisions addressing conflicts of interest. 
"§ 58‑50‑255.  Administrator.
(a)	The Executive Director, in collaboration with the Board, shall select through a competitive bidding process one or more insurers to administer the Pool. The Executive Director shall evaluate bids submitted based on criteria established by the Board. The criteria shall allow for the comparison of information about each bidding administrator and selection of a Pool Administrator based on at least the following:
(1)	Proven ability to handle health insurance coverage to individuals.
(2)	Efficiency and timeliness of the claim processing procedures.
(3)	Estimated total charges for administering the Pool.
(4)	Ability to apply effective cost containment programs and procedures and to administer the Pool in a cost‑efficient manner.
(5)	Financial condition and stability.
(b)	The Administrator shall serve for a period specified in the contract between the Pool and the Administrator subject to removal for cause and subject to any terms, conditions, and limitations of the contract between the Pool and the Administrator. At least one year before the expiration of each period of service by an Administrator, the Executive Director shall invite eligible entities, including the current Administrator, unless the current Administrator was removed for cause, to submit bids to serve as the Administrator. Selection of the Administrator for the succeeding period shall be made at least six months before the end of the current period.
(c)	The Administrator shall perform such functions relating to the Pool as may be assigned to it, including:
(1)	Verification of eligibility.
(2)	Payment of claims.
(3)	Establishment of a premium billing procedure for collection of premiums from individuals covered under the Pool.
(4)	Other necessary functions to assure timely payment of benefits to covered persons under the Pool.
(d)	The Administrator shall submit regular reports to the Executive Director and the Board regarding the operation of the Pool. The contract between the Pool and the Administrator shall specify the frequency, content, and form of the report.
(e)	Following the close of each calendar year, the Administrator shall determine net written and earned premiums, the expense of administration, and the paid and incurred losses for the year and report this information to the Executive Director and the Board on a form prescribed by the Executive Director.
(f)	The Administrator shall be paid as provided in the contract between the Pool and the Administrator.
"§ 58‑50‑260.  Risk Pool rates and policy forms.
(a)	The Pool shall adopt and modify, as appropriate, rates, rate schedules, rate adjustments, expense allowances, agents' referral fees, claim reserve formulas, and any other actuarial function appropriate to the operation of the Pool. Rates and rate schedules may be adjusted for appropriate factors such as age, sex, and geographic variation in claim cost and shall take into consideration appropriate rating factors in accordance with established actuarial and underwriting practices.
(b)	The Pool shall determine the standard risk rate by considering the premium rates charged by other insurers offering health insurance coverage to individuals. The standard risk rate shall be established using reasonable actuarial techniques and shall reflect anticipated experience and expenses for the coverage. Pool rates shall be not less than one hundred seventy‑five percent (175%) and not more than two hundred percent (200%) of rates established as applicable for individual standard rates.
(c)	The Executive Director, with the approval of the Board, shall have the authority to develop incentive programs with premium discounts. The Pool may provide for premium surcharges for covered individuals who are smokers. Premium surcharge rates shall be established by the Executive Director, in collaboration with the Board.
(d)	Provider reimbursement rates under Pool coverage shall be limited to the rates allowed for providers under the Medicare Program. The Board shall establish reimbursement rates for services for which Medicare has not established an allowed rate.
(e)	The Pool shall submit all premium rates and premium rate schedules and amendments thereto to the Commissioner for review. If the Commissioner disagrees with the rates and rate schedules submitted by the Pool, the Commissioner may request that the General Assembly make changes to the rates or rate schedules. The rates and rate schedules shall become effective upon the Pool's submission to the Commissioner for review. The Commissioner, in reviewing the rates and rate schedules, shall consider the factors provided in this section. The Pool shall provide all individuals enrolled in the Pool with at least 45 days' notice of any change in Pool rates or rate schedules.
(f)	The Pool shall submit all policy forms to the Commissioner for approval, and the Commissioner shall approve the forms before the Pool may use them. Except for any provisions that are specifically treated otherwise under this Part, the provisions of this Chapter that apply to benefit plans and policy forms of health insurers generally shall apply to the benefit plans offered and policy forms used by the Pool.
"§ 58‑50‑265.  Eligibility for Pool coverage.
(a)	Any individual who is and continues to be a resident of this State is eligible for Pool coverage if evidence is provided of:
(1)	A notice of rejection or refusal to issue substantially similar health insurance coverage for health reasons by an insurer. A rejection or refusal by an insurer offering only stop‑loss, excess loss, or reinsurance coverage with respect to the applicant is not sufficient evidence of eligibility;
(2)	An offer to issue health insurance coverage only with a conditional rider that limits coverage for the individual's high‑risk medical condition;
(3)	A refusal by an insurer to issue health insurance coverage except at a rate exceeding the Pool rate;
(4)	A diagnosis of the individual with one of the medical or health conditions listed by the Board in accordance with this section. An individual diagnosed with one or more of these conditions is eligible for Pool coverage without applying for other health insurance coverage;
(5)	In the case of a federally defined eligible individual, the individual's maintenance of health insurance coverage, of which the most recent coverage was through an employer‑sponsored plan, for the previous 18 months with no gap in coverage greater than 63 days and exhaustion of any available COBRA or State continuation benefits; or
(6)	An individual who is legally domiciled in this State and is eligible for the credit for health insurance costs under the Trade Adjustment Assistance Reform Act of 2002, section 35 of the Internal Revenue Code of 1986. An individual who qualifies under this subdivision may elect to have dependent coverage under the Pool. As used in this subsection, "dependent" means a resident spouse or unmarried child under the age of 19 years, a child who is a student under the age of 23 years and who is financially dependent upon the child's parent or guardian, or a child of any age who is disabled and dependent upon the child's parent or guardian.
(b)	The Board, upon recommendation of the Executive Director, shall adopt a list of medical or health conditions for which a person shall be eligible for Pool coverage without applying for health insurance pursuant to subsection (a) of this section. The Board may amend the list as the Board considers appropriate.(c)	An individual is not eligible for coverage under the Pool if:
(1)	The individual has or obtains health insurance coverage substantially similar to or more comprehensive than a Pool policy, or would be eligible to have coverage if the person elected to obtain it, except that:
a.	An individual may maintain other coverage for the period of time the individual is satisfying any preexisting condition waiting period under a Pool policy; and
b.	An individual may maintain Pool coverage for the period of time the individual is satisfying a preexisting condition waiting period under another health insurance policy intended to replace the Pool policy.
(2)	The individual is determined to be eligible for enrollment in the State Medical Assistance Plan.
(3)	The individual has previously terminated Pool coverage unless 12 months have elapsed since the termination, except that this subdivision shall not apply with respect to an applicant who is a federally defined eligible individual or to an applicant eligible for or receiving benefits under the Trade Adjustment Assistance Program.
(4)	The individual is an inmate or resident of a public institution, except that this subdivision shall not apply with respect to an applicant who is a federally defined eligible individual.
(5)	The individual's premiums are paid for or reimbursed under any government‑sponsored program or by any government agency or health care provider, except as an otherwise qualifying full‑time employee of a government agency or health care provider. This subdivision shall not apply for individuals receiving benefits under the Trade Adjustment Assistance Program or to individuals receiving premium subsidies made available by the State based on individual income levels.
(6)	The individual has in effect on the date Pool coverage takes effect health insurance coverage from an insurer or insurance arrangement.
(d)	Coverage under the Pool shall cease:
(1)	On the date an individual is no longer a resident of this State.
(2)	On the date an individual requests coverage to end.
(3)	Upon the death of the covered individual.
(4)	On the date State law requires cancellation of the Pool policy.
(5)	At the option of the Pool, 30 days after the Pool makes any inquiry concerning the individual's eligibility or residence to which the individual does not reply.
(6)	Because the individual has failed to make the payments required under this Part.
(e)	Except as provided in subsection (d) of this section, an individual who ceases to meet the eligibility requirements of this section may be terminated at the end of the coverage period for which the premiums have been paid. The Board shall establish guidelines for terminating coverage under this subsection, which guidelines shall include notice to the covered individual of the termination and reasons therefor.
"§ 58‑50‑270.  Unfair referral to Pool.
It is an unfair trade practice under Article 63 of this Chapter for an insurer, insurance producer, as defined in G.S. 58‑33‑10(7), third‑party administrator, or an employer to refer an individual employee to the Pool or arrange for an individual employee to apply to the Pool for the purpose of separating that employee from group health insurance coverage provided in connection with the employee's employment or for the purpose of separating an individual covered by health insurance offered in the individual market. This section shall not prohibit an insurer or insurance producer from informing an individual of other coverage options, including coverage provided by the Pool.
"§ 58‑50‑275.  Minimum Pool benefits.
(a)	The Pool shall offer at least two types of health insurance coverage for individuals eligible under G.S. 58‑50‑265, including preferred provider organizations with different levels of deductibles and cost‑sharing, and at least one choice of a health savings account. The covered services and benefit levels may vary between the types of coverage, but at least two types of coverage must, at a minimum, cover the benefits and services outlined in the National Association of Insurance Commissioners' (NAIC) Model Health Pool for Uninsurable Individuals Act and be consistent with comprehensive coverage generally available to persons who are eligible for health insurance other than Medicare. All health insurance products offered by the Pool shall include disease or case management services.
(b)	Health insurance products offered by the Pool shall include not less than one million dollars ($1,000,000) lifetime limit and an annual limit of up to five thousand dollars ($5,000) per individual on coinsurance and deductible expenses. The Board, upon recommendation of the Executive Director, shall adjust limitations at least once every five years to reflect changes in the medical component of the Consumer Price Index.
"§ 58‑50‑280.  Preexisting conditions.
(a)	Except as otherwise provided by law, Pool coverage shall exclude charges or expenses incurred during the first 12 months following the effective date of coverage as to any condition for which medical advice, care, or treatment was recommended or received as to such conditions during the 12‑month period immediately preceding the effective date of coverage, except that no preexisting condition exclusion shall be applied to a federally defined eligible individual.
(b)	Subject to subsection (a) of this section, the preexisting condition exclusions shall be waived to the extent that similar exclusions, if any, have been satisfied under any prior health insurance coverage that was involuntarily terminated, provided that:
(1)	Application for Pool coverage is made not later than 63 days following the involuntary termination, and in such case coverage in the Pool shall be effective from the date on which the prior coverage was terminated; and
(2)	The applicant is not eligible for continuation or conversion rights that would provide coverage substantially similar to Pool coverage.
"§ 58‑50‑285.  Nonduplication of benefits.
(a)	The Pool shall be payor of last resort of benefits whenever any other benefit or source of third‑party payment is available. Benefits otherwise payable under coverage shall be reduced by all amounts paid or payable through any other health insurance coverage and by all hospital and medical expenses paid or payable under any workers' compensation coverage, automobile medical payment, or liability insurance, whether provided on the basis of fault or no‑fault, and by any hospital or medical benefits paid or payable under or provided pursuant to any State or federal law or program.
(b)	The Pool shall have a cause of action against an eligible person for the recovery of the amount of benefits paid that are not for covered expenses. Benefits due from the Pool may be reduced or refused as a setoff against any amount recoverable under this subsection.
"§ 58‑50‑290.  Assessments.
(a)	For the purposes of providing the funds necessary to carry out the powers and duties of the Pool, and except as provided in subsection (c) of this section, the Pool shall assess all insurers at such time and for such amounts as the Board finds necessary to ensure effective and efficient operation of the Pool. Assessments shall be due in not less than 30 days after prior written notice to the insurers and shall accrue interest at twelve percent (12%) per annum on and after the due date. An insurer or other entity covering a person in this State under a health benefit plan or other insurance arrangement is subject to assessment under this section whether or not the insurer or other entity is located in this State.
(b)	Except with respect to special assessments authorized under this section, and except as otherwise provided in subsection (c) of this section, the Pool shall assess each insurer in an amount not to exceed two dollars ($2.00) per covered individual insured, or administered by an insurer per month. The assessment shall be based on actual or expected losses, actuarially appropriate reserves, and administrative expenses in excess of expected or collected premiums and federal loss reimbursements, if any, received by the Pool. A special assessment may be made to cover only the additional losses of the Pool that result or are expected to result from unanticipated circumstances. The special assessment shall be based on actual or expected losses, actuarially appropriate reserves, and unanticipated administrative expenses.
(b1)	Effective until January 1, 2014, and except with respect to special assessments authorized under this section, the Pool shall assess each insurer an amount not to exceed the following limitations for each covered individual insured per month:
(1)	Seventy cents (70¢) for the 2008‑2009 calendar year.
(2)	One dollar ($1.00) for the 2009‑2010 calendar year.
(3)	One dollar and thirty cents ($1.30) for the 2010‑2011 calendar year.
(4)	One dollar and seventy cents ($1.70) for the 2011‑2012 calendar year.
(5)	Two dollars ($2.00) for the 2012‑2013 calendar year and all calendar years thereafter.
(c)	The Pool shall make reasonable efforts designed to ensure that each covered individual is counted only once with respect to any assessment. For that purpose, the Pool shall require each insurer that obtains excess or stop-loss coverage to include in its count of covered individuals all individuals whose coverage is insured (including by way of excess or stop‑loss coverage) in whole or in part, except that lives covered under the Pool and reinsured or administered by a third‑party administrator shall not be included in the count. The Pool shall allow a reinsurer to exclude from its number of covered individuals those individuals who have been counted by the primary insurer or by the primary reinsurer or primary excess or stop‑loss insurer for the purposes of determining its assessment under this section.
(d)	The Pool may verify each insurer's assessment based on annual statements and other reports deemed to be necessary by the Pool. The Pool may use any reasonable method of estimating the number of covered individuals of an insurer if the specific number is unknown.
(e)	If assessments and other receipts by the Pool exceed the actual losses and administrative expenses of the Pool, the excess shall be held at interest and used by the Pool to offset future losses or to reduce Pool premiums. Future losses include reserves for claims incurred but not reported.
(f)	The Commissioner may suspend or revoke, after notice and hearing, the license to transact insurance in this State of any insurer that fails to pay an assessment. As an alternative, the Commissioner may levy a forfeiture on any insurer that fails to pay an assessment when due. The forfeiture may not exceed five percent (5%) of the unpaid assessment per month, but no forfeiture shall be less than one hundred dollars ($100.00) per month.
(g)	The Health Insurance Program for Children (NC Health Choice) established under Part 8 of Article 2 of Chapter 108A of the General Statutes, and administered under Part 5 of Article 3 of Chapter 135 of the General Statutes, shall be subject to assessment or special assessment under this Part only if federal law permits the assessment, and additional federal funds are available for this purpose.
(h)	The Board may collect the assessments and other amounts owing under this Part annually or in periodic installments.
"§ 58‑50‑291.  Trust Fund created.
(a)	There is established in the State Treasurer's Office The North Carolina Health Insurance Risk Pool Trust Fund. The State Treasurer may invest monies in the Trust Fund as provided under G.S. 147‑69.2 and G.S. 147‑69.3.
All premiums, fees, charges, rebates, assessments, refunds, or any other receipts including, but not limited to, earnings on investments, occurring or arising in connection with the Pool, as established by this Article, shall be deposited into the Trust Fund. Disbursements from the Trust Fund shall include any and all amounts required to pay the claims, benefits, and administrative costs as may be determined by the Executive Director and the Board.
(b)	Disbursement from the Trust Fund may be made by warrant drawn on the State Treasurer by the Executive Director, or the Executive Director and the Board may by contract authorize the Administrator to draw the warrant.
"§ 58‑50‑295.  Complaint procedures.
An applicant or participant in coverage from the Pool is entitled to have complaints against the Pool reviewed by a grievance committee appointed by the Executive Director. Members of the Board shall not serve on the grievance committee. The grievance process shall comply with G.S. 58‑50‑62. The grievance committee shall report to the Board after completion of the review of each complaint. The Executive Director shall retain all written complaints regarding the Pool at least until the third anniversary of the date the Pool received the complaint. Independent review of an appeal decision upholding a noncertification or a second level grievance review decision upholding a noncertification shall be subject to review pursuant to Part 4 of this Article.
"§ 58‑50‑300.  Audit.
An audit of the Pool shall be conducted annually under the oversight of the State Auditor. The cost of the audit shall be reimbursed to the State Auditor from The North Carolina Health Insurance Risk Pool Trust Fund.
"§ 58‑50‑305.  Taxation.
The Pool established under this Part is exempt from any and all State taxes.
"§ 58‑50‑310.  Rules.
The Board may adopt rules, including temporary rules, to implement its duties under this Part. 
"§ 58‑50‑315.  Collective action.
The establishment of rates, forms, or procedures, and any other joint or collective action required by this Part may not be the basis of any legal action or criminal or civil liability or penalty against the Pool or any insurer."
SECTION 1.2.  On or before January 1, 2008, the Executive Director of the North Carolina Health Insurance Risk Pool shall notify the Centers for Medicare and Medicaid Services that the State has established the North Carolina Health Insurance Risk Pool and shall request that the North Carolina Health Insurance Risk Pool be approved as an acceptable "alternative mechanism" under the federal Health Insurance Portability and Accountability Act in accordance with 45 C.F.R. § 148.128(e).
SECTION 1.3.  The Board of Directors of the North Carolina Health Insurance Risk Pool, as appointed under Section 1.1 of this act, shall monitor methods of financing the Pool to ensure a stable funding source and allow for its continued operation. This monitoring shall include supplementary sources of funding, such as funds obtained from public and private not‑for‑profit foundations, insurer assessments including special assessments, or other appropriate and available State or non‑State funds. The Board shall also review on a regular basis:
(1)	The number of individuals in this State who are uninsured as of a date certain because of high‑risk conditions.
(2)	The number of uninsured individuals who would qualify for coverage under the Pool based on G.S. 58‑50‑265 and its Plan of Operation.
(3)	The cost of coverage under each of the health insurance plans developed by the Board, including administrative costs.
(4)	The extent to which assessments meet or exceed amounts necessary for coverage and Board operations.
(5)	The status of a request by the State to the Centers for Medicare and Medicaid Services for approval of the North Carolina Health Insurance Risk Pool to be considered an acceptable "alternative mechanism" under the federal Health Insurance Portability and Accountability Act in accordance with 45 C.F.R. § 148.128(e).
The Board shall report its findings and recommendations to the General Assembly on March 1, 2008, and annually thereafter.
SECTION 1.4.  The Executive Director of the North Carolina Health Insurance Risk Pool shall study methods for encouraging healthy behaviors and report its findings to the Board and to the General Assembly not later than one year after initial implementation of the Pool.
SECTION 1.5.  Notwithstanding G.S. 58‑50‑280(a), individuals enrolling in the Pool within six months of the date that enrollment into the North Carolina Health Insurance Risk Pool first begins shall be subject to a six‑month preexisting condition waiting period.
SECTION 1.6.  G.S. 120‑70.111(a) reads as rewritten:
"(a)	The Joint Legislative Health Care Oversight Committee shall review, on a continuing basis, the provision of health care and health care coverage to the citizens of this State, in order to make ongoing recommendations to the General Assembly on ways to improve health care for North Carolinians. To this end, the Committee shall study the delivery, availability, and cost of health care in North Carolina. The Committee shall also review, on a continuing basis, the implementation of the State Health Insurance Program for Children established under Part 8 of Article 2 of Chapter 108A of the General Statutes. As part of its review, the Committee shall advise and consult with the Department of Health and Human Services as provided under G.S. 108A‑70.21. The Committee shall review, on a continuing basis, the implementation of the North Carolina Health Insurance Risk Pool established under Part 7 of Article 50 of Chapter 58 of the General Statutes. As part of its review, the Committee shall advise and consult with the Executive Director of the North Carolina Health Insurance Risk Pool as provided under G.S. 58‑50‑250. The Committee may also study other matters related to health care and health care coverage in this State."
SECTION 2.  There is appropriated from the General Fund to The North Carolina Health Insurance High Risk Pool Trust Fund (Trust Fund) the sum of one million dollars ($1,000,000) for the 2007‑2008 fiscal year. These funds may be used to support reasonable expenses for personnel to carry out the Board's responsibilities under the Pool and shall be allocated for the reasonable expenses of the Board in conducting its duties under Section 1.1 of this act that are incurred on or before July 1, 2009. The Trust Fund is subject to the Executive Budget Act, except that Article 3C of Chapter 143 of the General Statutes does not apply to G.S. 58‑50‑250(e).
Appropriation of the funds from the General Fund to the Trust Fund is contingent upon successful application for and award of federal grant funds to implement the Pool. Federal funds received for this purpose shall be deposited to the Trust Fund. Upon receipt of the federal funds, the Board shall, from Trust Fund monies, reimburse the General Fund in the amount of one million dollars ($1,000,000). It is the intent of the General Assembly that in the event the State is not awarded the federal funds anticipated, the General Fund shall be held harmless.SECTION 3. Section 2 of this act becomes effective July 1, 2007. The remainder of this act is effective when it becomes law. G.S. 58‑50‑290(b1), as enacted by Section 1.1 of this act, is repealed January 1, 2014. Enrollment in the North Carolina Health Insurance Risk Pool shall commence no later than January 1, 2009.