{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-6530","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-6530","heading":"Bona fide association health plans","body":"A. \"Bona fide association\" means any association that has a\n\ncurrent form M-1 filed with and accepted by the United States\n\nDepartment of Labor showing Oklahoma as the state of operation and:\n\n1. Is formed under a pathway established in accordance with the\n\napplicable provisions of 29 CFR 2510; or\n\n2. Was previously established or is newly formed under federal\n\nregulatory guidance effective prior to August 20, 2018.\n\nB. \"Bona fide association health plan\" means a health benefit\n\nplan that is sponsored by a bona fide association as defined in\n\nsubsection A of this section.\n\nC. The provisions of the Small Employer Health Insurance Reform\n\nAct shall not apply to a health benefit plan issued to a bona fide\n\nassociation health plan.\n\nD. Each bona fide association health plan that meets the\n\nrequirements of this section shall be considered a large group for\n\npurposes of application of the Oklahoma Insurance Code.\n\nE. A bona fide association health plan shall be subject to the\n\nfollowing requirements:\n\n1. The bona fide association health plan shall be delivered or\n\nissued for delivery to a bona fide association in a form that meets\n\nthe requirements of Section 4502 of Title 36 of the Oklahoma\n\nStatutes;\n\n2. The bona fide association health plan shall comply with any\n\nfederal nondiscrimination requirement applicable to the association\n\nhealth plan;\n\n3. Small employer groups that have two (2) or more eligible\n\nemployees and that are members of the association may not be\n\nexcluded from the association health plan;\n\n4. a. Except as provided in subparagraph b of this\n\nparagraph, the association health plan shall maintain\n\nan eighty percent (80%) retention rate.\n\nb. The eighty percent (80%) retention rate specified in\n\nsubparagraph a of this paragraph shall not include\n\nemployer groups or working owners that:\n\n(1) go out of business, whether through merger,\n\nacquisition or any other reason,\n\n(2) no longer meet eligibility requirements for\n\nmembership in the association,\n\n(3) no longer meet participation requirements for\n\nemployers that are set forth in the plan\n\ndocuments, or\n\n(4) fail to pay premiums.\n\nc. A bona fide association health plan that fails to\n\nmaintain the eighty percent (80%) retention rate\n\nduring any year may have twelve (12) months to correct\n\nthe retention level before being required to become\n\nsubject to the requirements of the Small Employer\n\nHealth Insurance Reform Act.\n\nd. A bona fide association health plan may not require a\n\ncontract under this subsection between the bona fide\n\nassociation health plan and the member to be effective\n\nfor a period of longer than two (2) years. This\n\nprovision shall not be construed to prevent a contract\n\nfrom being extended for additional two-year periods or\n\npreventing the member from voluntarily electing a\n\ncontract period of longer than two (2) years; and\n\n5. Each bona fide association health plan shall be available to\n\nbe marketed and sold by all licensed agents and brokers of the\n\nhealth carrier, at the health carrier's standard commission and/or\n\nfee schedule for the calendar year.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"66f676d8d9f0ad94155befb44bab519957ed5940171528af69bbeac5882dd395","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-6529","next":"us-ok/okla.-stat.-tit.-36-36-6530.1"},"notice":"GroundRules: Original legal text. Not legal advice."}