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Back to SB 286
Tennessee General Assembly· SB 286Signed by Governor.

Insurance Companies, Agents, Brokers, Policies - As enacted, authorizes categorizing certain foreign multiple employer welfare arrangements as domestic multiple employer welfare arrangements if specific conditions are me, the official text

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PUBLIC CHAPTER NO. 161

SENATE BILL NO. 286
         By Bailey

                                            Substituted for: House Bill No. 329

                                                         By Brock Martin

AN ACT to amend Tennessee Code Annotated, Title 56, Chapter 26, relative to multiple employer
          welfare arrangements.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 56-26-204(a}, is amended by adding the
following as a new subdivision:

                    (5)(A) As used in this subdivision (a)(5):

                                        (i) "Bank":

                                                  (a) Means an entity chartered pursuant to the laws of this state,
                                        the laws of a contiguous state, or the laws of the United States, or in the
                                        process of organizing to seek a charter, and authorized, or to be
                                        authorized, to conduct business as a savings and loan, savings bank,
                                        trust company, commercial bank, or other institution, and which is a
                                        member or affiliate member of a trade or professional organization
                                        organized to provide advocacy, leadership, and support for these
                                        entities; provided, that the entity's participation is authorized under
                                        Internal Revenue Code§ 501 (c)(9)(26 U.S.C. § 501 (c)(9)); and

                                                  (b) Includes the entity's parent, affiliate, or subsidiary, which is
                                        under common control within the meaning of Internal Revenue Code §
                                        414 (26 U.S.C. § 414);

                                        (ii) "Commissioner" means the commissioner of commerce and
                              insurance;

                                        (iii) "Multiple employer welfare arrangement" has the same meaning as
                              defined in 29 U.S.C. § 1002(40); and

                                        (iv) "Plan-sponsoring organization" means an association that:

                                                  (a) Sponsors a multiple employer welfare arrangement
                                        comprised only of banks;

                                                  (b) Has been actively in existence for at least five (5) years;

                                                  (c) Has at least one (1) substantial business purpose unrelated
                                        to offering and providing health insurance coverage or other employee
                                        benefits to its employer members and their employees; provided, that
                                        offering and providing such coverage or benefits may serve as the
                                        association's primary purpose;

                                                  (d) Does not condition membership in the association on any
                                        health status-related factor relating to an individual, including an
                                        employee of an employer or a dependent of an employee;
SB286

                                                 (e) Makes health insurance coverage offered through the
                                       association available to all members regardless of any health status-
                                       related factor relating to the members or individuals eligible for
                                       coverage through a member; and

                                                (f) Does not make health insurance coverage offered through
                                       the association available other than in connection with a member of
                                       the association.

                             (B) A foreign multiple employer welfare arrangement is deemed a domestic
                   multiple employer welfare arrangement if the foreign multiple employer welfare
                   arrangement:

                                       (i) Is comprised only of banks together with their plan-sponsoring
                             organization, and their respective employees;

                                       (ii) Is duly licensed as a multiple employer welfare arrangement by the
                             regulatory agency having jurisdiction over the regulation of insurance in a
                             state physically contiguous to this state;

                                       (iii) Has no more than two thousand five hundred (2,500) residents of
                             this state who are employees of its member banks enrolled in or receiving
                             health, sickness, and accident benefits as insureds, members, enrollees, or
                             subscribers of the multiple employer welfare arrangement;

                                       (iv) Is subject to adequate regulatory oversight by the contiguous
                             domiciliary state, including, but not limited to, solvency examination authority
                             and actuarially sound reserve-adequacy requirements, as determined in the
                             commissioner's sole discretion; and

                                       (v) Applies for and receives a certificate of authority from the
                             commissioner to operate as a foreign multiple employer welfare arrangement.

                             (C) The commissioner may, in the commissioner's sole discretion, waive any
                   portion of this chapter, and any portion of chapter 7 of this title, for a qualifying
                   multiple employer welfare arrangement upon a determination that the multiple
                   employer welfare arrangement is subject to reasonable and adequate oversight by
                   the regulatory agency having jurisdiction over the regulation of insurance in the
                   multiple employer welfare arrangement's domicile.

          SECTION 2. Tennessee Code Annotated, Section 56-26-204, is amended by deleting
subsections (b) and (c) and substituting:

                   (b) The commissioner may promulgate rules in accordance with the Uniform
          Administrative Procedures Act, compiled in title 4, chapter 5, as deemed necessary to
          provide for the solvency, administration, examination, and enforcement of the pooling
          agreements. However, the rules must not prohibit or deter any association lawfully formed
          under the laws of this state or another state from offering health insurance coverage to its
          members within this state, including through a multiple employer welfare arrangement, if the
          health insurance coverage complies with federal law. To the extent deemed necessary by
          the commissioner, each employer member of the approved group must be classified as a
          self-insurer as otherwise provided in this chapter.

                    (c) A pool created or deemed domestic under this section is subject to taxation under
          chapter 4 of this title, filing and approval under this chapter, and laws for protection of
          policyholders under chapter 7 of this title.

          SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.

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         SENATE BILL NO. 286

PASSED:  March 31, 2025

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                              ~4NI_D~McNALLY

                            SPEAKER OF THE SENATE

                         c~
                         CAMERON SEXTON, SPEAKER
                         HOUSE OF REPRESENTATIVES

/'tpri ~ APPROVED this   I
         day of               2025

         •

         BILL LEE, GOVERNOR
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