§ 5104. Filing and approval of rates and forms; supplemental orders
(a)(1) A health maintenance organization that has received a certificate of authority under
section 5102 of this title shall file and obtain approval of all policy forms and rates as provided in sections
4026 and 4027 of this title. This requirement shall include the filing of administrative
retentions for any business in which the organization acts as a third-party administrator
or in any other administrative processing capacity. The Commissioner or the Green
Mountain Care Board, as appropriate, may request and shall receive any information
that the Commissioner or the Board deems necessary to evaluate the filing. In addition
to any other information requested, the Commissioner or the Board shall require the
filing of information on costs for providing services to the organization’s Vermont
members affected by the policy form or rate, including Vermont claims experience,
and administrative and overhead costs allocated to the service of Vermont members.
Prior to approval, there shall be a public comment period pursuant to section 4026
of this title. A health maintenance organization shall file a summary of rate filings
pursuant to section 4026 of this title.
(2) The Commissioner or the Board shall refuse to approve the form of evidence of coverage,
filing, or rate if it contains any provision that is unjust, unfair, inequitable,
misleading, or contrary to the law of the State or plan of operation, or if the rates
are excessive, inadequate, or unfairly discriminatory, fail to protect the organization’s
solvency, or fail to meet the standards of affordability, promotion of quality care,
and promotion of access pursuant to section 4026 of this title. No evidence of coverage
shall be offered to any potential member unless the person making the offer has first
been licensed as an insurance agent in accordance with chapter 131 of this title.
(b) In connection with a rate decision, the Board may also make reasonable supplemental
orders and may attach reasonable conditions and limitations to such orders as the
Board finds, on the basis of competent and substantial evidence, necessary to ensure
that benefits and services are provided at reasonable cost under efficient and economical
management of the organization. The Commissioner and, except as otherwise provided
by 18 V.S.A. §§ 9375 and 9376, the Green Mountain Care Board shall not set the rate of payment or reimbursement
made by the organization to any physician, hospital, or health care provider. (Added 1979, No. 117 (Adj. Sess.); amended 1991, No. 166 (Adj. Sess.), § 15; 1993, No. 30, § 8, eff. May 21, 1993; 1993, No. 235 (Adj. Sess.), § 10b; 2011, No. 48, § 15d, eff. Jan. 1, 2012; 2011, No. 171 (Adj. Sess.), § 25a, eff. May 16, 2012; 2013, No. 79, § 5k, eff. Jan. 1, 2014; 2025, No. 11, § 10, eff. September 1, 2025.)