"NEW SECTION.  Sec. 7   (1) All retainer health care practices shall contain or incorporate in its retainer agreement a guarantee of the continuity of coverage of the retainer agreement. For the purposes of this section, a retainer agreement is "renewed" when it is continued beyond the earliest date upon which the retainer agreement could have been terminated for other than nonpayment of the retainer fee.
     (2) The guarantee of continuity of coverage required in retainer agreements shall not prevent a retainer health care practice from canceling or nonrenewing a retainer agreement for:
     (a) Nonpayment of premium; or
     (b) Change or implementation of federal or state laws that no longer permit the continued offering of such coverage.
     (3) This section does not apply in the following cases:
     (a) A retainer health care practice has zero retainer agreements in place;
     (b) A retainer health care practice is withdrawing from offering retainer agreements because the retainer health care practice has demonstrated to the commissioner that its clinical, financial, or administrative capacity to serve retainer subscribers would be exceeded; or
     (c) A retainer health care practice discontinues if: (i) The retainer health care practice provides notice to each retainer subscriber of such discontinuation at least ninety days prior to the date of the discontinuation; (ii) the retainer health care practice provides notice to the commissioner of its intent to discontinue offering retainer agreements in the state; (iii) in exercising the option to discontinue offering retainer agreements, the retainer health care practice acts uniformly without regard to any health status-related factor of retainer subscribers; and (iv) the retainer health care practice, or any provider within the retainer health care practice, may not engage in any offering retainer agreements in this state for a five-year period beginning on the date of the discontinuation of the retainer agreement not so renewed."