subsection (a).
(c) Additional employer duties.--To be eligible for a waiver
under subsection (a), an employer shall meet all of the
following requirements:
(1) If the private plan is in the form of self-funded
coverage, an employer must furnish a bond running to the
Commonwealth, issued by an entity authorized to transact
surety business in this Commonwealth under Article VI(e) of
the act of May 17, 1921 (P.L.682, No.284), known as The
Insurance Company Law of 1921. The form of surety shall be on
a form approved by the Insurance Department and in an amount
required by the department.
(2) The private plan shall provide for all eligible
employees throughout the employee's period of employment.
(3) An employer that provides a private plan under this
section shall provide each employee with a notice of the
availability of the program. The notice shall be provided to
each employee within five days of approval of a waiver, upon
hire and annually thereafter.
(d) Additional documentation to be submitted upon
approval.--Upon approval of an application for an exemption:
(1) The employer shall provide to the department all
reports required by regulations promulgated by the
department.
(2) If an exemption is based on the employer having a
self-funded plan, the employer shall provide satisfactory
evidence of maintenance of the form of surety as required by
the department under subsection (c)(1).
(e) Termination of waiver.--The department may terminate
approval to use a private plan granted under subsection (a) if
the secretary finds that the terms and conditions have been
violated or that the employer or private plan has failed to
confer any right, protection or benefit afforded to employees
under this chapter. The department shall be required to notify
an employer of a terminated waiver. Causes for termination of a
waiver shall include:
(1) failure to pay benefits;
(2) failure to pay benefits timely and in a manner
consistent with the program;
(3) failure to maintain an adequate security deposit;
(4) misuse of private plan trust funds;
(5) failure to submit any and all reports as required by
regulations promulgated by the department; or
(6) failure to comply with this section or regulations
promulgated by the department.
(f) Appeal.--If the secretary terminates a waiver for a
private plan under subsection (e), the employer shall have the
ability to appeal the decision of the secretary through the
regulatory process established under section 302.
(g) Protections and enforcement.--An employee covered under
a private plan shall retain all employee protections under
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