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HR 3590 EAS/PP
``(II) with respect to all such mar-
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kets for such entity for the calendar
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year is not less than 92 percent, or
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``(E) any entity--
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``(i) which is a mutual insurance com-
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pany,
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``(ii) which for the period reported on
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the 2008 Accident and Health Policy Expe-
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rience Exhibit of the National Association
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of Insurance Commissioners had--
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``(I) a market share of the insured
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population of a State of at least 40 but
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not more than 60 percent, and
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``(II) with respect to all markets
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described in subparagraph (D)(ii)(I), a
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medical loss ratio of not less than 90
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percent, and
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``(iii) with respect to annual payment
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dates in calendar years after 2011, for
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which the medical loss ratio (determined in
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a manner consistent with the determination
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of such ratio under section 2718(b)(1)(A) of
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the Public Health Service Act) with respect
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to all such markets for such entity for the
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preceding calendar year is not less than 89
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