IC 27-8-8-16.2: Premium surcharge or assignment in lieu of credit

Sec. 16.2. (a) A member insurer that is not eligible to take a credit under section 16 of this chapter may, after approval by the commissioner, place a surcharge on the member insurer's premiums in a sum reasonably calculated to recoup the member insurer's assessments over a reasonable period, as approved by the commissioner.

(b) Any amount recouped under subsection (a) is not considered to be a premium for any other purpose, including computation of gross premium tax, medical loss ratio, or insurance producer commission.

(c) In lieu of the surcharge allowed by subsection (a), a member insurer that is not eligible to take a credit under section 16 of this chapter may assign the credit to the member insurer's affiliate (as defined in IC 27-1-23-1(b)).