| | | C.__The percentage increase in the premium rate charged to a | | small employer for a new rating period may not exceed the | | sum of the following: |
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| | | (1)__The percentage change in the new business premium | | rate measured from the first day of the prior rating | | period to the first day of the new rating period. In | | the case of a class of business for which the small | | group carrier is not issuing new policies, the carrier | | shall use the percentage change in the base premium | | rate; |
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| | | (2)__An adjustment, not to exceed 15% annually and | | adjusted pro rata for rating periods of less than one | | year, due to the claim experience, health status or | | duration of coverage or the employees or dependents of | | the small employer as determined from the carrier's | | rate manual for the class of business; and |
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| | | (3)__Any adjustment due to change in coverage or change | | in the case characteristics of the small employer as | | determined from the carrier's rate manual for the class | | of business. |
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| | | D.__In the case of health benefit plans issued prior to the | | effective date of this section, a premium rate for a rating | | period may exceed the ranges described in paragraphs A or B | | for a period of 5 years following the effective date of this | | section. In that case, the percentage increase in the | | premium rate charged to a small employer in such a class of | | business for a new rating period may not exceed the sum of | | the following: |
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| | | (1)__The percentage change in the new business premium | | rate measured from the first day of the prior rating | | period to the first day of the new rating period. In | | the case of a class of business for which the small | | group carrier is not issuing new policies, the carrier | | shall use the percentage change in the base premium | | rate; and |
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| | | (2)__Any adjustment due to change in coverage or change | | in the case characteristics of the small employer as | | determined from the carrier's rate manual for the class | | of business. |
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| | | E.__This section is not intended to affect the use by a | | small group carrier of legitimate rating factors other than | | claims experience, health status or duration of coverage in | | the determination of premium rates. A small group carrier | | shall apply rating factors, including case characteristics, | | consistently with respect to all small employers in a class | | of business. |
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