The Commissioner shall dismiss certain requests for arbitration if the disputed claim is:
(1) Related to a healthcare plan that is not regulated by the state;
(2) The basis for an action pending in state or federal court at the time of the request for arbitration;
(3) Subject to a binding claims resolution process entered into prior to July 1, 2021;
(4) Made against a healthcare plan subject to the exclusive jurisdiction of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sec. 1001, et seq.; or
(5) In accord with other circumstances as may be determined by department rule.