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NORTH CAROLINA STATUTES AND CODES

§ 58-89A-107. Examinations of self-funded health benefit plans.

§ 58‑89A‑107. Examinations of self‑funded health benefit plans.

(a)        The Commissionermay conduct an examination of a licensee's self‑funded employee benefitplan as often as the Commissioner considers appropriate.

(b)        An examinationunder this Article shall be conducted in accordance with the Examination Law ofthis Chapter, G.S. 58‑2‑131 through G.S. 58‑2‑133.

(c)        In lieu of anexamination of any foreign or alien licensee's self‑funded employeebenefit plan, the Commissioner may, in the Commissioner's discretion, accept anexamination report on the licensee's self‑funded employee benefit planprepared by the appropriate regulator for the licensee's state of domicile.

(d)        When making anexamination under this section, the Commissioner may retain attorneys, appraisers,independent actuaries, independent certified public accountants, or otherprofessionals and specialists as examiners, the reasonable cost of which shallbe borne by the licensee that is the subject of the examination.

(e)        The amount paid bya PEO for an examination of its health benefit plan under this section shallnot exceed sixty thousand dollars ($60,000), unless the PEO and theCommissioner agree on a higher amount. The State Treasurer shall deposit allfunds received under this section in the Insurance Regulatory Fund establishedunder G.S. 58‑6‑25. Funds received under this section shall be usedby the Department for offsetting the actual expenses incurred by the Departmentfor examinations under this section.  (2009‑552, s. 3.)

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