2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 706c - Connecticut Health Insurance Exchange › Section 38a-1083. - Powers of exchange. Commissioner's authority to enforce payment of assessments or user fees.

(a) For purposes of sections 38a-1080 to 38a-1093, inclusive, “purposes of the exchange” means the purposes of and the pursuit of the goals of the exchange expressed in and pursuant to this section and the performance of the duties and responsibilities of the exchange set forth in sections 38a-1084 to 38a-1087, inclusive, which are hereby determined to be public purposes for which public funds may be expended. The powers enumerated in this section shall be interpreted broadly to effectuate the purposes of the exchange and shall not be construed as a limitation of powers.
(b) The goals of the exchange shall be to reduce the number of individuals without health insurance in this state and assist individuals and small employers in the procurement of health insurance by, among other services, offering easily comparable and understandable information about health insurance options.
(c) The exchange is authorized and empowered to:
(1) Have perpetual succession as a body politic and corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business;
(2) Adopt an official seal and alter the same at pleasure;
(3) Maintain an office in the state at such place or places as it may designate;
(4) Employ such assistants, agents, managers and other employees as may be necessary or desirable;
(5) Acquire, lease, purchase, own, manage, hold and dispose of real and personal property, and lease, convey or deal in or enter into agreements with respect to such property on any terms necessary or incidental to the carrying out of these purposes, provided all such acquisitions of real property for the exchange's own use with amounts appropriated by this state to the exchange or with the proceeds of bonds supported by the full faith and credit of this state shall be subject to the approval of the Secretary of the Office of Policy and Management and the provisions of section 4b-23;
(6) Receive and accept, from any source, aid or contributions, including money, property, labor and other things of value;
(7) Charge assessments or user fees to health carriers that are capable of offering a qualified health plan through the exchange or otherwise generate funding necessary to support the operations of the exchange and the all-payer claims database program established under section 19a-755a and impose interest and penalties on such health carriers for delinquent payments of such assessments or fees;
(8) Procure insurance against loss in connection with its property and other assets in such amounts and from such insurers as it deems desirable;
(9) Invest any funds not needed for immediate use or disbursement in obligations issued or guaranteed by the United States of America or the state and in obligations that are legal investments for savings banks in the state;
(10) Issue bonds, bond anticipation notes and other obligations of the exchange for any of its corporate purposes, and to fund or refund the same and provide for the rights of the holders thereof, and to secure the same by pledge of revenues, notes and mortgages of others;
(11) Borrow money for the purpose of obtaining working capital;
(12) Account for and audit funds of the exchange and any recipients of funds from the exchange;
(13) Make and enter into any contract or agreement necessary or incidental to the performance of its duties and execution of its powers, including, but not limited to, an agreement with the Office of Health Strategy to use funds collected under this section for the operation of the all-payer claims database established under section 19a-755a and to receive data from such database. The contracts entered into by the exchange shall not be subject to the approval of any other state department, office or agency, provided copies of all contracts of the exchange shall be maintained by the exchange as public records, subject to the proprietary rights of any party to the contract, except any agreement with the Office of Health Strategy shall be subject to approval by said office and the Office of Policy and Management and no portion of such agreement shall be considered proprietary;
(14) To the extent permitted under its contract with other persons, consent to any termination, modification, forgiveness or other change of any term of any contractual right, payment, royalty, contract or agreement of any kind to which the exchange is a party;
(15) Award grants to trained and certified individuals and institutions that will assist individuals, families and small employers and their employees in enrolling in appropriate coverage through the exchange. Applications for grants from the exchange shall be made on a form prescribed by the board;
(16) Limit the number of plans offered, and use selective criteria in determining which plans to offer, through the exchange, provided individuals and employers have an adequate number and selection of choices;
(17) Evaluate jointly with the Health Care Cabinet established pursuant to section 19a-725 the feasibility of implementing a basic health program option as set forth in Section 1331 of the Affordable Care Act;
(18) Establish one or more subsidiaries, in accordance with section 38a-1093, to further the purposes of the exchange;
(19) Make loans to each subsidiary established pursuant to section 38a-1093 from the assets of the exchange and the proceeds of bonds, bond anticipation notes and other obligations issued by the exchange or assign or transfer to such subsidiary any of the rights, moneys or other assets of the exchange, provided such assignment or transfer is not in violation of state or federal law;
(20) Sue and be sued, plead and be impleaded;
(21) Adopt regular procedures that are not in conflict with other provisions of the general statutes, for exercising the power of the exchange; and
(22) Do all acts and things necessary and convenient to carry out the purposes of the exchange, provided such acts or things shall not conflict with the provisions of the Affordable Care Act, regulations adopted thereunder or federal guidance issued pursuant to the Affordable Care Act.
(d) (1) The chief executive officer of the exchange shall provide to the commissioner the name of any health carrier that fails to pay any assessment or user fee under subdivision (7) of subsection (c) of this section to the exchange. The commissioner shall see that all laws respecting the authority of the exchange pursuant to said subdivision (7) are faithfully executed. The commissioner has all the powers specifically granted under this title and all further powers that are reasonable and necessary to enable the commissioner to enforce the provisions of said subdivision (7).
(2) Any health carrier aggrieved by an administrative action taken by the commissioner under subdivision (1) of this subsection may appeal therefrom in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district of New Britain.
(P.A. 11-53, S. 5; P.A. 13-247, S. 139; P.A. 14-217, S. 87; June Sp. Sess. P.A. 15-5, S. 503; June Sp. Sess. P.A. 17-2, S. 116; P.A. 18-68, S. 23; June Sp. Sess. P.A. 21-2, S. 294.)
History: P.A. 11-53 effective July 1, 2011; P.A. 13-247 amended Subsec. (a) to add reference to Sec. 38a-1091, and amended Subsec. (c) by adding provision authorizing the exchange to impose interest and penalties for delinquent payments in Subdiv. (7) and replacing provision re grant awards to Navigators with provision re grant awards to trained and certified individuals and institutions in Subdiv. (15), effective June 19, 2013; P.A. 14-217 added Subsec. (d) re commissioner's authority to enforce payment of assessments or user fees, effective June 13, 2014; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by redefining “purposes of the exchange”, and amended Subsec. (c) by making a technical change in Subdiv. (1), adding new Subdivs. (18) and (19) authorizing exchange to establish one or more subsidiaries and make loans or assign or transfer rights, moneys or other assets to subsidiary, and redesignating existing Subdivs. (18) to (20) as Subdivs. (20) to (22), effective June 30, 2015; June Sp. Sess. P.A. 17-2 replaced “38a-1091” with “38a-1093”, effective October 31, 2017; P.A. 18-68 amended Subsec. (c)(17) by replacing “SustiNet Health Care Cabinet” with “Health Care Cabinet established pursuant to section 19a-725”; June Sp. Sess. P.A. 21-2 amended Subsec. (c) by adding reference in Subdiv. (7) to all-payer claims database program and by adding provisions re agreement with Office of Health Strategy to use funds collected for operation of all-payer claims database and such agreement being subject to approval by said office and Office of Policy and Management and not proprietary in Subdiv. (13), effective January 1, 2022.