Search Rutgers Law Library N.J. Court Opinions

1 IN THE MATTER NEW JERSEY INDIVIDUAL HEALTH COVERAGE PROGRAM'S READOPTION OF <u -- rank: 1000

... targets pay no assessment and are exempted from the assessment. N.J.S.A. 17B:27A-12(d)(6). However, as just quoted, the Act mandates that ... number . . . and the actual number" of "non-group" persons insured. N.J.S.A. 17B:27A-12(d)(5).     When the Act was first adopted in 1992, it had a phase-in process for granting exemptions. N.J.S.A. 17B:27A-12(d)(6)(a)- (c), deleted by L. 1997, c. 146 ... requirement in 1994, which was well before the Legislature amended N.J.S.A. 17B:27A-12 in 1997. Accordingly, the Legislature could have ended or changed ... those issues. Footnote: 3      3 Portions of the Act, including N.J.S.A. 17B:27A-12, were amended in 1997 by L. 1997, c. 146. Unless ... thereon, the excess constitutes the carrier's "net paid loss." N.J.S.A. 17B:27A-12(a)(1)(b). Footnote: 13      13 It is also ...

docket:	A0566-98
court:	NJ Superior Court Appellate Division
decided:	2002-05-24
status:	published
citation:	353 N.J. Super. 494 803 A.2d 639
Document Size:	60194

2 IN THE MATTER OF THE CHALLENGES BY CHUBB COLONIAL LIFE INSURANCE COMPANY OF AMERICA -- rank: 986

... health benefit plans . . . on an open enrollment, community rated basis," N.J.S.A. 17B:27A-12. The Board's initial 1993-1996 loss assessments were calculated using N.J.S.A. 17B:27A-12, which has since been amended by L. 1997, c. 146 ... State, as well as any other penalties permitted by law. [ N.J.S.A. 17B:27A-12 (1996).] As an alternative to paying the assessment, a carrier ... of the individual coverage market, as determined by the Board. N.J.S.A. 17B:27A-12 (emphasis added). Acting on this authorization, in 1993, the Board ... 1997, c. 146, ยง 6(11)(a)(1); (2) removing N.J.S.A. 17B:27A-12(e)'s 35% limitation on any carrier's share of ... 1997, c. 146, ยง 6(11)(e); and (3) deleting N.J.S.A. 17B:27A-12(d)(6)(a)-(c)'s exemption phase-in, L. ...

docket:	a2911-06
court:	NJ Superior Court Appellate Division
decided:	2009-04-03
status:	unpublished
citation:
Document Size:	83837

3 IN THE MATTER CHALLENGES BY CHUBB COLONIAL LIFE INSURANCE COMPANY OF AMERICA, et al. -- rank: 983

... health benefit plans . . . on an open enrollment, community-rated basis," N.J.S.A. 17B:27A-12. The Board's initial 1996 loss assessments were calculated using N.J.S.A. 17B:27A-12, which has since been amended. The statute effective in 1996 ... State, as well as any other penalties permitted by law. [ N.J.S.A. 17B:27A-12 (1996).] As an alternative to paying the assessment, a carrier ... of the individual coverage market, as determined by the Board. N.J.S.A. 17B:27A-12 (emphasis added). Acting on this authorization, in 1993, the Board ... c. 146, ยง 6(6)(11)(a)(1); (2) removing N.J.S.A. 17B:27A-12(e)'s 35% limitation on any carrier's share of ... c. 146, ยง 6(6)(11)(e); and (3) deleting N.J.S.A. 17B:27A-12(d)(6)(a)-(c)'s exemption phase-in, L. ...

docket:	a6116-05
court:	njappellate
decided:	2007-08-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	85593

4 IMO Individual Health Coverage Program -- rank: 931

... among all members in accordance with their total market share." N.J.S.A. 17B: 27A-12. The Act imposes an assessment ("pay or play") on all ... on a "pro rata basis" pursuant to the statutory formula. N.J.S.A. 17B: 27A-12(d)(5), (6). In 1993, IHCP Board regulations introduced the ... an "equitable sharing of program losses" among all carriers. See N.J.S.A. 17B: 27A-12. The regulation is completely at odds with the statutory pro ... among all members in accordance with their total market share." N.J.S.A. 17B:27A-12. The IHCP Board consists of nine representatives: four insurance-carrier ... losses and administrative expenses in accordance with the provisions of [ N.J.S.A. 17B:27A-12]." The Board is mandated to "establish procedures for the equitable ... among all members in accordance with their total market share." N.J.S.A. 17B:27A-12. We conclude that the regulations at issue constitute a "` ...

docket:	a-46-02
court:
decided:	2004-05-10
status:
citation:	179 N.J. 570 847 A.2d 552
Document Size:	81267

5 IN THE MATTER OF THE APPEAL OF PROTECTIVE LIFE INSURANCE COMPANY OF THE INDIVIDUAL HEALTH COVERAGE PROGRAM BOARD OF DIRECTORS\' FINAL DECISION -- rank: 830

... supra , 302 N.J. Super. at 364-65; see also N.J.S.A. 17B:27A-12(a)(1)(b). The annual assessments are pooled and used ... earned thereon, the excess is the reimbursable net paid loss. N.J.S.A. 17B:27A-12(a)(1)(b); N.J.A.C. 11:20-8 ...

docket:	a0599-09
court:	superior court appellate division
decided:	2011-01-12
status:	unpublished
citation:
Document Size:	36845

6 I/M/O INDIVIDUAL HEALTH COVERAGE PROGRAM FINAL ADMINISTRATIVE ORDERS NOS. 96-01 & 96-22. (NEW JERSEY DEPARTMENT OF INSURANCE- INDIVIDUAL HEALTH COVERAGE PROGRAM) -- rank: 807

... are subject to an assessment to reimburse IHC Program losses. N.J.S.A. 17B:27A-12 and N.J.A.C. 11:20-8.1 to ... losses, unless the member has received an exemption from assessment. N.J.S.A. 17B:27A-12[;] 4) First Option did not apply for, or receive, an ...

docket:	a4638-95
court:	njappellate
decided:	1997-06-26
status:	published
citation:	302 N.J.Super. 360
Document Size:	21914

7 CELTIC INSURANCE COMPANY v. NEW JERSEY INDIVIDUAL HEALTH COVERAGE PROGRAM BOARD -- rank: 622

... IHCP has always been administered on an annual basis. See N.J.S.A. 17B:27A-12(a)(1) (1992) (which required that, by March 1, 1993 ... for the preceding year ending on December 31"); see also N.J.S.A. 17B:27A-12(a)(2) (1992). We find no constitutional infirmity or manifest ...

docket:	a0071-05
court:	New Jersey Superior Court Appellate Division
decided:	2006-00-18
status:	unpublished
citation:
Document Size:	19090

8 CELTIC INSURANCE COMPANY v. NEW JERSEY INDIVIDUAL HEALTH COVERAGE PROGRAM BOARD -- rank: 622

... IHCP has always been administered on an annual basis. See N.J.S.A. 17B:27A-12(a)(1) (1992) (which required that, by March 1, 1993 ... for the preceding year ending on December 31"); see also N.J.S.A. 17B:27A-12(a)(2) (1992). We find no constitutional infirmity or manifest ...

docket:	a4166-06
court:	New Jersey Superior Court Appellate Division
decided:	2006-00-18
status:	Published
citation:
Document Size:	17929

9 State of New Jersey v. Glen K. Bachelder -- rank: 622

... IHCP has always been administered on an annual basis. See N.J.S.A. 17B:27A-12(a)(1) (1992) (which required that, by March 1, 1993 ... for the preceding year ending on December 31"); see also N.J.S.A. 17B:27A-12(a)(2) (1992). We find no constitutional infirmity or manifest ...

docket:	A2908-05
court:	New Jersey Superior Court Appellate Division
decided:	2007-04-19
status:	unpublished
citation:
Document Size:	17915

10 KEVIN LARKIN v. MARCIA LARKIN -- rank: 622

... IHCP has always been administered on an annual basis. See N.J.S.A. 17B:27A-12(a)(1) (1992) (which required that, by March 1, 1993 ... for the preceding year ending on December 31"); see also N.J.S.A. 17B:27A-12(a)(2) (1992). We find no constitutional infirmity or manifest ...

docket:	A0072-05
court:	New Jersey Superior Court Appellate Division
decided:	2007-01-08
status:	unpublished
citation:
Document Size:	18311

11 CELTIC INSURANCE COMPANY v. NEW JERSEY INDIVIDUAL HEALTH COVERAGE PROGRAM BOARD -- rank: 622

... IHCP has always been administered on an annual basis. See N.J.S.A. 17B:27A-12(a)(1) (1992) (which required that, by March 1, 1993 ... for the preceding year ending on December 31"); see also N.J.S.A. 17B:27A-12(a)(2) (1992). We find no constitutional infirmity or manifest ...

docket:	a1459-05
court:	New Jersey Superior Court Appellate Division
decided:	2006-00-18
status:	unpublished
citation:
Document Size:	19089

12 AETNA LIFE INSURANCE COMPANY v. DIRECTOR, DIVISION OF TAXATION -- rank: 478

... paid as an individual health coverage program assessment pursuant to N.J.S.A. 17B:27A-12. 1 The Division denied the refund request as to the ...

docket:	02371-01
court:
decided:	2002-03-18
status:
citation:	20 N.J. Tax 87
Document Size:	58415