---
kind: "section"
citation: "45 C.F.R. § 153.210"
title: "45"
number: "153.210"
heading: "State establishment of a reinsurance program."
url: "https://uscodex.org/cfr/45/153.210"
---

# §153.210. State establishment of a reinsurance program.

- (a) **General requirement.** Each State is eligible to establish a reinsurance program for the years 2014 through 2016.
  - (1) If a State establishes a reinsurance program, the State must enter into a contract with one or more applicable reinsurance entities to carry out the provisions of this subpart.
  - (2) If a State contracts with or establishes more than one applicable reinsurance entity, the State must ensure that each applicable reinsurance entity operates in a distinct geographic area with no overlap of jurisdiction with any other applicable reinsurance entity.
  - (3) A State may permit an applicable reinsurance entity to subcontract specific administrative functions required under this subpart and subpart E of this part.
  - (4) A State must review and approve subcontracting arrangements to ensure efficient and appropriate expenditures of administrative funds collected under this subpart.
  - (5) A State must ensure that the applicable reinsurance entity completes all reinsurance-related activities for benefit years 2014 through 2016 and any activities required to be undertaken in subsequent periods.
- (b) **Multi-State reinsurance arrangements.** Multiple States may contract with a single entity to serve as an applicable reinsurance entity for each State. In such a case, the reinsurance programs for those States must be operated as separate programs.
- (c) **Non-electing States.** HHS will establish a reinsurance program for each State that does not elect to establish its own reinsurance program.
- (d) **Oversight.** Each State that establishes a reinsurance program must ensure that the applicable reinsurance entity complies with all provisions of this subpart and subpart E of this part throughout the duration of its contract.
- (e) **Reporting to HHS.** Each State that establishes a reinsurance program must ensure that each applicable reinsurance entity provides information regarding requests for reinsurance payments under the national contribution rate made under [§ 153.410](/cfr/45/153.410.md) for all reinsurance-eligible plans for each quarter during the applicable benefit year in a manner and timeframe established by HHS.

## Notes

### Amendments

[77 FR 17245, Mar. 23, 2012, as amended at 78 FR 15525, Mar. 11, 2013]

### Authority

Authority: 42 U.S.C. 18031, 18041, and 18061 through 18063.

### Source

Source: 77 FR 17245, Mar. 23, 2012, unless otherwise noted.

### Amendments

[77 FR 17245, Mar. 23, 2012, as amended at 78 FR 15525, Mar. 11, 2013]