(1) In order to enter the small employer market, health insurance carriers must:

(a) Have prior approval by the commissioner of at least one basic and one standard health benefit plan for issuance in the small employer market; and            

(b) Notify the commissioner of:

(i) All the carrier's health benefit plans intended for use in the small employer market, and the date of approval of all forms used in connection with those plans; and

(ii) The carrier's intent to comply with all provisions of the Small Employer Health Insurance Availability Act, including guaranteed issue requirements for all health benefit plans actively marketed by the carrier.

(2) Each new carrier applying for a certificate of authority to sell disability insurance in this state shall include with its application a statement whether it intends to operate as a small employer carrier in this state.

(3) If a small employer carrier opts to discontinue offering a particular type or all group health insurance coverage in the small group market, the provisions of 33-22-524 and 33-22-1810, MCA, apply.

(4) A carrier that has been prohibited from writing coverage for small employers in this state pursuant to 33-22-1810(1)(g) , MCA, may not resume offering health benefit plans to small employers in this state until the carrier has received permission from the commissioner to reenter the small employer market as a small employer carrier.