Standardized plan - cost shift

(1) If the administrator of a self-funded health insurance plan voluntarily provides to the commissioner its contracted rates and any other information deemed necessary and agreed upon by the administrator and the commissioner, the commissioner may evaluate whether the rates of the self-funded health insurance plan reflect a cost shift between the self-funded plan and the standardized plan offered by a carrier pursuant to section 10-16-1305.

(2) If the commissioner determines there is a cost shift, the commissioner shall, to the extent practicable, provide a description of which categories of services have experienced the greatest cost shift to the administrator of the self-funded health insurance plan.