A.R.S. § 20-1691.12 — Arizona Code / Title 20 / Chapter 6 / Article 15 / Section 1691.12
20-1691.12 Insurance producer training course requirements
Status: in_force

20-1691.12. Insurance producer training course requirements

A. An individual may not sell, solicit or negotiate long-term care insurance unless the individual:

1. Is licensed as an insurance producer for accident and health or sickness.

2. Has completed eight hours of initial long-term care training.

3. Has completed four hours of long-term care training in each two-year period succeeding July 1, 2009, after the two-year period within which the individual completed the initial long-term care training.

B. An individual may satisfy the training requirement prescribed in subsection A of this section only by completing an approved continuing education course that is offered by an approved provider pursuant to chapter 18 of this title.  The completion of such a course may also satisfy the insurance continuing education requirement prescribed by chapter 18 of this title.

C. The training courses required by subsection A of this section consist of topics that are related to long-term care insurance, long-term care services and, if applicable, qualified state long-term care insurance partnership programs including, as consistent with the minimum standards that apply to approved continuing education courses:

1. State and federal rules and requirements and the relationship between qualified state long-term care insurance partnership programs and other public and private coverage of long-term care services, including medicaid.

2. Available long-term care services and long-term care service providers.

3. Changes or improvements in long-term care services or long-term care service providers.

4. Alternatives to the purchase of private long-term care insurance.

5. The effect of inflation on benefits and the importance of inflation protection.

6. Consumer suitability standards and guidelines.

D. An insurer that is subject to this article shall obtain verification that an insurance producer received training that is required by subsection A of this section before the insurance producer is allowed to sell, solicit or negotiate the insurer's long-term care products.

E. An insurer that is subject to this article shall maintain and make available to the director on request sufficient records with respect to the training of insurance producers who sell, solicit or negotiate the insurer's long-term care insurance products to allow the department to provide assurance to the Arizona health care cost containment system administration that the insurance producers have received the training prescribed by this section.

F. A nonresident insurance producer's satisfaction of a substantially similar long-term care training requirement of any other state satisfies the nonresident insurance producer's long-term care training requirement as prescribed by this section.
A.R.S. § 20-1062 — Arizona Code / Title 20 / Chapter 4 / Article 9 / Section 1062
20-1062 Regulation of agents
Status: in_force

20-1062. Regulation of agents

The director may, after notice and hearing, promulgate such reasonable rules and regulations as are necessary to provide for the licensing of agents which shall include provisions for examination, licensing, annual fees and disciplinary procedures similar to those proposed in chapter 2, article 3 of this title.
A.R.S. § 20-104 — Arizona Code / Title 20 / Chapter 1 / Article 1 / Section 104
20-104 "Insurer" defined
Status: in_force

20-104. "Insurer" defined

"Insurer" includes every person engaged in the business of making contracts of insurance.
A.R.S. § 20-1352 — Arizona Code / Title 20 / Chapter 6 / Article 4 / Section 1352
20-1352 Time for payment of claims
Status: in_force

20-1352. Time for payment of claims

There shall be a provision as follows:

"Time of payment of claims: Indemnities payable under this policy for any loss other than loss for which this policy provides any periodic payment, will be paid immediately upon receipt of due written proof of such loss. Subject to due written proof of loss, all accrued indemnities for loss for which this policy provides periodic payment will be paid ___________ (insert period for payment which must not be less frequently than monthly) and any balance remaining unpaid upon the termination of liability will be paid immediately upon receipt of due written proof."
A.R.S. § 20-1376.04 — Arizona Code / Title 20 / Chapter 6 / Article 4 / Section 1376.04
20-1376.04 Prohibiting denial of occupational or physical therapist contract benefits
Status: in_force

20-1376.04. Prohibiting denial of occupational or physical therapist contract benefits

If a disability insurance contract provides coverage for occupational or physical therapy services, and provides both an in-network and out-of-network benefit, an insurer shall not deny a claim for covered occupational or physical therapy services obtained out-of-network solely on the basis that a physician did not refer the insured to the occupational or physical therapist or prescribe specific occupational or physical therapy services.  An insurer may impose coinsurance, copayments, deductibles, dollar caps, limitations on the number of visits, provider network restrictions or other cost containment measures as a condition of coverage of occupational and physical therapy services for both in-network and out-of-network benefits.
A.R.S. § 20-833 — Arizona Code / Title 20 / Chapter 4 / Article 3 / Section 833
20-833 Relationship of health care professional and patient; financial incentives; definition
Status: in_force

20-833. Relationship of health care professional and patient; financial incentives; definition

A. Nothing in this article alters the relationship of physician and patient, registered nurse practitioner and patient, dentist and patient or optometrist and patient.

B. The corporation shall not in any way influence the subscriber in the subscriber's free choice of hospital, physician, registered nurse practitioner, dentist or optometrist other than to limit its benefits to participating hospitals, physicians, dentists and optometrists.

C. Nothing in this article abridges the right of any physician, hospital, dentist or optometrist to decline patients in accordance with the standards and practices of such physician, hospital, dentist or optometrist, and the corporation shall not be deemed to be engaged in the corporate practice of medicine, dentistry or optometry.

D. A contract between the corporation and a health care professional shall not contain a financial incentive plan that includes a specific payment made to or withheld from the health care professional as an inducement to deny, reduce, limit or delay medically necessary care that is covered by the contract  with a subscriber or group of subscribers for a specific disease or condition.  This section does not prohibit per diem or per case payments, diagnostic related grouping payments, or financial incentive plans, including capitation payments or shared risk arrangements, that are not connected to specific medical decisions relating to a subscriber or a group of subscribers for a specific disease or condition. Each corporation shall file with its annual report a written statement with the director that certifies that the corporation is in compliance with this subsection.

E. For the purposes of this section, "health care professional" has the same meaning prescribed in section 20-3151.
A.R.S. § 20-2902 — Arizona Code / Title 20 / Chapter 18 / Article 1 / Section 2902
20-2902 Continuing education requirements; nonresident license in another state; nonresident license in this state
Status: in_force

20-2902. Continuing education requirements; nonresident license in another state; nonresident license in this state

A. To qualify for renewal of a resident license:

1. If the license period immediately preceding the renewal commenced before January 1, 2014 and the licensee held a nonresident license in another state to transact insurance at any time during the license period, the licensee shall have completed during that license period at least forty credit hours of approved insurance continuing education courses offered by an approved provider.

2. If the license period immediately preceding the renewal commenced on or after January 1, 2014, the licensee shall have completed during that license period at least forty-eight credit hours, including at least six credit hours of ethics training, of approved insurance continuing education courses offered by an approved provider.

B. Subsection A of this section does not apply to a licensee who, as of January 1, 2014, meets and continues to meet the following criteria:

1. Has been continuously licensed as an insurance agent, broker or producer in this state since January 1, 1995.

2. Has not at any time since January 1, 1995, held a nonresident insurance producer license in another state.

3. Has never been the subject of an order issued by the director finding that the licensee has violated any provision of this title in which the director ordered any of the following:

(a) The suspension, revocation or denial or renewal of the licensee's agent, broker or producer license.

(b) The licensee to cease and desist from the conduct constituting the violation.

(c) The licensee to pay restitution or a civil penalty.

C. A licensee who instructs an approved course on behalf of an approved provider shall receive two times the credit hours assigned to the approved course.

D. A licensee may receive credit for a particular approved course only once during a single license period.

E. After the licensee completes an approved continuing education course, the approved provider shall furnish the licensee with a certificate of compliance that certifies that the licensee has taken and completed the course. The licensee and a person authorized to sign on behalf of the approved provider shall sign the certificate.  The director may require that the licensee include the signed certificate of compliance with the application for renewal of the resident license.

F. The certificate of compliance shall be in a form approved by the director and shall set forth at least the following information:

1. The licensee's name and license number.

2. The name of the approved provider.

3. The subjects and titles of the approved continuing education courses that the licensee completed.

4. The dates that the licensee completed the approved continuing education courses.

5. The number of credit hours in ethics training that the licensee earned by completing the approved continuing education course.

6. The total number of credit hours that the licensee earned by completing the approved continuing education course.

G. The director shall not renew a licensee's resident license unless the licensee has provided evidence that the licensee has completed the credit hours prescribed in subsection A of this section.

H. Except as provided in subsections I and J of this section, a nonresident licensee shall submit proof to the director of having earned the continuing education credit requirements that are needed to satisfy the requirements of the nonresident licensee's home state to comply with the continuing education requirements prescribed in this section.

I. If the nonresident licensee's home state does not recognize credits earned by residents of this state, the nonresident licensee shall satisfy the continuing education prescribed in this section only by earning continuing education credits from an approved provider.

J. If the home state of a nonresident licensee does not have a continuing education requirement, the nonresident licensee is subject to the same continuing education requirements as a resident licensee.

K. The department may not require a proctor to administer any required post-course examination for a self-study continuing education course that a licensee completes online.
A.R.S. § 20-1404.03 — Arizona Code / Title 20 / Chapter 6 / Article 5 / Section 1404.03
20-1404.03 Blanket disability insurers; autism spectrum disorder; coverage; exceptions; definitions
Status: in_force

20-1404.03. Blanket disability insurers; autism spectrum disorder; coverage; exceptions; definitions

A. A blanket disability insurer shall not:

1. Exclude or deny coverage for a treatment or impose dollar limits, deductibles and coinsurance provisions based solely on the diagnosis of autism spectrum disorder. For the purposes of this paragraph, "treatment" includes diagnosis, assessment and services.

2. Exclude or deny coverage for medically necessary behavioral therapy services. To be eligible for coverage, behavioral therapy services shall be provided or supervised by a licensed or certified provider.

B. This section does not:

1. Apply to a policy or contract that is issued to an individual or a small employer.

2. Apply to limited benefit coverage as defined in section 20-1137.

3. Require coverage for services provided outside of this state.

C. The coverage required by this section is subject to all the terms and conditions of the blanket disability contract. This section does not prevent a blanket disability insurer from imposing deductibles, coinsurance or other cost sharing in relation to the coverage required by this section.

D. For the purposes of this section:

1. "Autism spectrum disorder" a pervasive, developmental disorder that meets the criteria for autism spectrum disorder as defined in the most recent edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association.

2. "Behavioral therapy" means interactive therapies derived from evidence based research, including applied behavior analysis, which includes discrete trial training, pivotal response training, intensive intervention programs and early intensive behavioral intervention.

3. "Small employer" has the same meaning prescribed in section 20-2301.
A.R.S. § 20-482.03 — Arizona Code / Title 20 / Chapter 2 / Article 8.1 / Section 482.03
20-482.03 Required plan contents
Status: in_force

20-482.03. Required plan contents

A plan of reorganization of a domestic mutual insurer shall include all of the following:

1. A statement of the reasons for the proposed action.

2. A description of how the plan will be carried out, including any transaction included within the plan and a description of any mutual holding company, intermediate stock holding company or other corporation organized pursuant to the plan.

3. A description of all significant terms of the reorganization.

4. New or revised intercompany agreements.

5. A description of the overall effect of the plan on policies issued by the converting mutual insurer.  The description must show that policyholder interests collectively are properly preserved and protected and that the plan is fair and equitable to the policyholders.

6. The record date for determining whether a member of the converting mutual insurer is an eligible member.

7. The proposed effective date of the reorganization or the manner in which the proposed effective date of the reorganization is established.

8. The proposed amendments to or restatement of the articles of incorporation and bylaws of the converting mutual insurer and the proposed articles of incorporation and bylaws of any mutual holding company, intermediate stock holding company or other corporation organized pursuant to the plan.

9. A description of any plans for the initial sale of voting stock to third parties by the converted stock insurer or any intermediate stockholding company, or a statement that the converted stock insurer or intermediate stock holding company has no current plans for the sale of voting stock.

10. The intention, if any, that a director or officer of the converting mutual insurer, mutual holding company, intermediate stock holding company or other corporation organized pursuant to the plan, within the six-month period following the effective date of the conversion or reorganization, may purchase or acquire shares of capital stock or other securities of an issuer to be issued pursuant to the plan.

11. A provision that all policies in force on the effective date of the conversion or reorganization will remain in force under the terms of those policies and that on the effective date of the reorganization, any voting rights of the members provided for under the policies or under this title are extinguished.
A.R.S. § 20-2410 — Arizona Code / Title 20 / Chapter 14 / Article 1 / Section 2410
20-2410 Penalties
Status: in_force

20-2410. Penalties

A risk retention group which violates any provision of this chapter is subject to civil penalties set forth in section 20-220 and section 20-456 and to revocation or suspension of its license and the right to do business in this state.
A.R.S. § 20-1092 — Arizona Code / Title 20 / Chapter 4 / Article 10 / Section 1092
20-1092 Control of assets; definition
Status: in_force

20-1092. Control of assets; definition

A. The director may require that a domestic life and disability stock reinsurer designate and comply with either or a combination of the following:

1. That pursuant to all written agreements with ceding insurers, assets in an amount up to the net reserves established by such reinsurer be deposited by or withheld from such reinsurer as security for the payment of obligations under any reinsurance agreement if such assets are held subject to withdrawal by, and under the control of, any ceding insurer.

2. That pursuant to all written agreements, assets in an amount up to the net reserves established by the reinsurer be placed in a trust account or custodial account with a bank which is a member of the federal reserve system located in the United States or in any bank located in this state.

B. For the purposes of this section, "net reserves" means the gross policy and claim reserves established by the reinsurer less policy and claim reserves retroceded and, on risks retained by the reinsurer, less policy loans, net deferred and uncollected premiums, and premiums due and unpaid.
A.R.S. § 20-2326 — Arizona Code / Title 20 / Chapter 13 / Article 1 / Section 2326
20-2326 Drugs; cancer treatment; definitions
Status: in_force

20-2326. Drugs; cancer treatment; definitions

A. Any health benefits plan that is offered by an accountable health plan and that provides coverage for prescription drugs shall not limit or exclude coverage for any prescription drug prescribed for the treatment of cancer on the basis that the prescription drug has not been approved by the United States food and drug administration for the treatment of the specific type of cancer for which the prescription drug has been prescribed, if the prescription drug has been recognized as safe and effective for treatment of that specific type of cancer in one or more of the standard medical reference compendia prescribed in subsection B or medical literature that meets the criteria prescribed in subsection B. The coverage required under this subsection includes covered medically necessary services associated with the administration of the prescription drug.  This subsection does not:

1. Require coverage of any prescription drug used in the treatment of a type of cancer if the United States food and drug administration has determined that the prescription drug is contraindicated for that type of cancer.

2. Require coverage for any experimental prescription drug that is not approved for any indication by the United States food and drug administration.

3. Alter any law with regard to provisions that limit the coverage of prescription drugs that have not been approved by the United States food and drug administration.

4. Require reimbursement or coverage for any prescription drug that is not included in the drug formulary or list of covered prescription drugs specified in the health benefits plan.

5. Prohibit a health benefits plan from limiting or excluding coverage of a prescription drug, if the decision to limit or exclude coverage of the prescription drug is not based primarily on the coverage of prescription drugs required by this section.

6. Prohibit the use of deductibles, coinsurance, copayments or other cost sharing in relation to drug benefits and related medical benefits offered.

B. For the purposes of subsection A:

1. The acceptable standard medical reference compendia are the following:

(a) The American hospital formulary service drug information, a publication of the American society of health system pharmacists.

(b) The national comprehensive cancer network drugs and biologics compendium.

(c) Thomson Micromedex compendium DrugDex.

(d) Elsevier gold standard's clinical pharmacology compendium.

(e) Other authoritative compendia as identified by the secretary of the United States department of health and human services.

2. Medical literature may be accepted if all of the following apply:

(a) At least two articles from major peer reviewed professional medical journals have recognized, based on scientific or medical criteria, the drug's safety and effectiveness for treatment of the indication for which the drug has been prescribed.

(b) No article from a major peer reviewed professional medical journal has concluded, based on scientific or medical criteria, that the drug is unsafe or ineffective or that the drug's safety and effectiveness cannot be determined for the treatment of the indication for which the drug has been prescribed.

(c) The literature meets the uniform requirements for manuscripts submitted to biomedical journals established by the international committee of medical journal editors or is published in a journal specified by the United States department of health and human services as acceptable peer reviewed medical literature pursuant to section 186(t)(2)(B) of the social security act (42 United States Code section 1395x(t)(2)(B)).
A.R.S. § 20-2302 — Arizona Code / Title 20 / Chapter 13 / Article 1 / Section 2302
20-2302 Scope of article
Status: in_force

20-2302. Scope of article

A. This article applies to any health benefits plan that provides coverage to eligible employees or dependents in this state and that is issued by an accountable health plan if:

1. Any portion of the premium or benefits is paid by or on behalf of the employer.

2. The eligible employee or dependent is reimbursed by or on behalf of the employer for any portion of the premium.

3. The health benefits plan is treated by the employer or any of the eligible employees or dependents as part of a plan or program for the purposes of section 106, 162 or 220 of the internal revenue code.

B. This article applies to a health benefits plan that qualifies as a group health plan under section 2791(a)(1) of the health insurance portability and accountability act of 1996 (P.L. 104-191; 110 Stat. 1936).

C. This article does not apply to any policy that is issued on an individual basis.
A.R.S. § 20-1569 — Arizona Code / Title 20 / Chapter 6 / Article 9 / Section 1569
20-1569 Amount of unearned premium reserve; release
Status: reserved

20-1569. Amount of unearned premium reserve; release

A. The unearned premium reserve of every title insurer shall consist of:

1. The amount of the unearned premium reserve held as of January 1, 1968.

2. The amount of all additions required to be made to the reserve by this section, less withdrawals permitted by this section.

B. Every title insurer shall add to its unearned premium reserve in respect to each title insurance policy, whether primary insurance, reinsurance or coinsurance, issued by it on real estate a sum of money out of the fees due or received for the title insurance and deemed to be unearned portions of fees and a sum equal to ten cents for each one thousand dollars of the face amount of net retained liability, as defined in section 20-1562, and shall separately record the aggregate amounts set aside and reserved with respect to policies, contracts or agreements written in each calendar year.

C. The amounts set aside as additions to the unearned premium reserve shall be deducted in determining net profits of any title insurer.

D. For the purpose of determining the amounts of the unearned premium reserve that may be withdrawn pursuant to subsection E of this section, and the interest of the policyholders under section 20-1571, all policies of title insurance shall be considered as dated on July 1 in the year of issue.

E. The aggregate of the amounts set aside in unearned premium reserve in any calendar year pursuant to subsection B of this section shall be released from the reserve and restored to income in the year of release pursuant to the formula prescribed in the accounting practices and procedures manual adopted by the national association of insurance commissioners.
A.R.S. § 20-734 — Arizona Code / Title 20 / Chapter 4 / Article 1 / Section 734
20-734 Acceptance of reinsurance by mutual insurers
Status: in_force

20-734. Acceptance of reinsurance by mutual insurers

A. A domestic mutual insurer may accept reinsurance for the same kinds of insurance and within the same limits as it is authorized to transact direct unless such reinsurance is prohibited by its articles of incorporation.

B. A domestic mutual insurer may reinsure all or substantially all its business in force, or all or substantially all of a major class thereof, with another insurer, stock or mutual, by an agreement of bulk reinsurance after compliance with this section.

C. In advance of such reinsurance the agreement therefor shall be filed with and be subject to the approval of the director within a reasonable time after filing. The director shall not approve the agreement unless he finds it to be fair and equitable to each domestic insurer involved, and that such reinsurance if effectuated would not substantially reduce the protection or service to its policyholders. If the director does not so approve, he shall so notify each insurer involved in writing specifying his reasons therefor.

D. The plan and agreement for such reinsurance shall be approved by vote of not less than two thirds of each domestic mutual insurer's members voting thereon at meetings of members called for the purpose, pursuant to such reasonable notice and procedure as the director may approve. If a life insurer, the right to vote may be limited to members whose policies have face amounts of not less than one thousand dollars and have been in force one year or more.

E. If for reinsurance of a mutual insurer in a stock insurer, the agreement shall provide for payment in cash to each member of the insurer entitled thereto as upon a conversion of such insurer pursuant to paragraph 4 of subsection B of section 20-730, of his equity in the business reinsured as determined under a fair formula approved by the director, which equity shall be based upon the member's equity in the reserves, assets, whether or not admitted assets, and surplus, if any, of the mutual insurer to be taken over by the stock insurer.
A.R.S. § 20-471 — Arizona Code / Title 20 / Chapter 2 / Article 7 / Section 471
20-471 Definition of insurance service charge; limit; prohibited use
Status: in_force

20-471. Definition of insurance service charge; limit; prohibited use

A. "Insurance service charge" means any charge, other than the insurance premium, for the service of placing, renewing, approving or recording on the records and accounts of any mortgagee, vendor, holder or lender any substitution of insurers or change in insurance on the collateral security for a loan.

B. Except as provided in subsection C of this section, it shall be unlawful for any mortgagee, vendor, holder or lender to charge an insurance company, insurance agency, borrower, mortgagor or purchaser with payment of an insurance service charge.

C. An insurance service charge of eight dollars may be charged as a condition to acceptance of an insurance policy tendered to satisfy the requirements of a real estate mortgage contract when a mortgagee, vendor, holder or lender performs services in connection with this subsection, as follows:

1. An insurance policy is tendered without an authorization signed by the borrower appointing the insurance producer tendering the policy attached thereto, unless a prior authorization not revoked has been delivered to the lender.

2. An insurance policy is tendered without the borrower's mortgage loan number as assigned for payment identification or a legal description of the insured property printed in bold-faced type on the face of the policy.

3. An original, a renewal or a replacement insurance policy is tendered less than ten days prior to an expiration date, renewal date or continuous policy premium anniversary date, or expiration of an insurance binder issued preliminary to issuance of a permanent policy.

4. An insurance policy is tendered by an agent other than an agent appearing on the records of the mortgagee as authorized to represent the borrower at any time during the term of such insurance other than within thirty days prior to the policy's expiration date, renewal or continuous policy premium anniversary date.
A.R.S. § 20-2201 — Arizona Code / Title 20 / Chapter 12 / Article 1 / Section 2201
20-2201 Voluntary plans; assessments; fund
Status: in_force

20-2201. Voluntary plans; assessments; fund

A. If the director finds after a hearing that in any part of this state any liability insurance coverage is not readily available in the voluntary insurance market and that the public interest requires such availability, the director may authorize the formation of voluntary plans to provide the coverage for any class or classes of risk in this state which are entitled to but otherwise unable to obtain the coverage. The director may request insurers, agents and brokers to prepare the plans or assist as needed in the preparation and administration of the plans.

B. A plan formulated pursuant to this section shall give consideration to all of the following:

1. The need for adequate and readily accessible coverage.

2. Alternative methods of improving the market affected.

3. Inherent limitations of providing coverage.

4. The need for reasonable underwriting standards.

5. The requirement of reasonable loss prevention measures.

C. The plans shall establish procedures that will encourage use of the voluntary insurance market as a condition of placement of coverage through the plan.

D. The director may annually assess each insurer authorized to transact liability insurance in this state up to two hundred dollars for the costs of administering the plan. Monies collected from assessments shall be deposited in the assessment fund for voluntary plans established by subsection E of this section.

E. An assessment fund for voluntary plans is established consisting of the monies that are deposited pursuant to subsection D of this section. The director shall administer the fund monies as a continuing appropriation for the purposes provided for in this section.  Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 20-2903 — Arizona Code / Title 20 / Chapter 18 / Article 1 / Section 2903
20-2903 Record keeping
Status: in_force

20-2903. Record keeping

A. Licensees shall maintain their own continuing education records described in section 20-2902, subsection F and shall keep the records until the second renewal date after the period for which the continuing education credits were earned.

B. In order to verify the attendance and successful course completion of all licensees enrolled in an approved course, approved providers shall maintain records for five years in a manner acceptable to the director. The records are subject to audit by the department. Each approved provider shall maintain records that include at least the following information for each approved continuing education course provided by the approved provider:

1. The title and subject.

2. A list of attendees.

3. The name of the instructor.

4. A copy of the continuing education course outline.

5. Other information deemed necessary by the director.

C. Based on an audit prescribed in subsection B of this section, if the director discovers that an approved provider has failed to maintain records in the manner prescribed in subsection B of this section, the director shall immediately notify the contractor described in section 20-2904 of the approved provider's noncompliance and the contractor shall remove the approved provider from the contractor's list of approved providers. The contractor shall not accept that provider organization as an approved provider for at least one year. The approved provider's noncompliance does not affect the licensee's ability to obtain a renewal of a nonresident license if the licensee complies with section 20-2902 and subsection A of this section.
A.R.S. § 20-1402.03 — Arizona Code / Title 20 / Chapter 6 / Article 5 / Section 1402.03
20-1402.03 Group disability insurers; autism spectrum disorder; coverage; exceptions; definitions
Status: in_force

20-1402.03. Group disability insurers; autism spectrum disorder; coverage; exceptions; definitions

A. A group disability insurer shall not:

1. Exclude or deny coverage for a treatment or impose dollar limits, deductibles and coinsurance provisions based solely on the diagnosis of autism spectrum disorder. For the purposes of this paragraph, "treatment" includes diagnosis, assessment and services.

2. Exclude or deny coverage for medically necessary behavioral therapy services. To be eligible for coverage, behavioral therapy services shall be provided or supervised by a licensed or certified provider.

B. This section does not:

1. Apply to a policy that is issued to an individual or a small employer.

2. Apply to long term care insurance, life insurance, annuities and limited benefit coverage as defined in section 20-1137.

3. Require coverage for services provided outside of this state.

C. The coverage required by this section is subject to all the terms and conditions of the group disability contract.  This section does not prevent a group disability insurer from imposing deductibles, coinsurance or other cost sharing in relation to the coverage required by this section.

D. For the purposes of this section:

1. "Autism spectrum disorder" means a pervasive, developmental disorder that meets the criteria for autism spectrum disorder as defined in the most recent edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association.

2. "Behavioral therapy" means interactive therapies derived from evidence based research, including applied behavior analysis, which includes discrete trial training, pivotal response training, intensive intervention programs and early intensive behavioral intervention.

3. "Small employer" has the same meaning prescribed in section 20-2301.
A.R.S. § 20-1342.05 — Arizona Code / Title 20 / Chapter 6 / Article 4 / Section 1342.05
20-1342.05 Eosinophilic gastrointestinal disorder; formula
Status: in_force

20-1342.05. Eosinophilic gastrointestinal disorder; formula

A. Any policy of disability insurance that is offered by a disability insurer and that contains a prescription drug benefit shall cover amino acid-based formula that is ordered by a physician or by a registered nurse practitioner if:

1. The insured has been diagnosed with an eosinophilic gastrointestinal disorder.

2. The insured is under the continuous supervision of a physician who is licensed pursuant to title 32, chapter 13 or 17 or a registered nurse practitioner who is licensed pursuant to title 32, chapter 15.

3. There is risk of a mental or physical impairment without the use of the formula.

B. A disability insurer shall cover at least seventy-five per cent of the cost of the formula.  The disability insurer may limit the maximum annual benefit for formula under this section to twenty thousand dollars.

C. This section does not apply to limited benefit coverage as defined in section 20-1137.
A.R.S. § 20-1096.02 — Arizona Code / Title 20 / Chapter 4 / Article 12 / Section 1096.02
20-1096.02 Capital
Status: in_force

20-1096.02. Capital

To qualify for its initial authority to transact business and to qualify for renewal of its authority to transact business, a mechanical reimbursement reinsurer is required to possess and thereafter maintain minimum required capital stock in an amount of one hundred thousand dollars.
A.R.S. § 20-1905 — Arizona Code / Title 20 / Chapter 9 / Article 1 / Section 1905
20-1905 Authorized agency as witness
Status: in_force

20-1905. Authorized agency as witness

An authorized agency or personnel of such agency may be required to testify in any litigation in which an insurer is named as a party.
A.R.S. § 20-3603 — Arizona Code / Title 20 / Chapter 30 / Article 1 / Section 3603
20-3603 Asset or reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer
Status: in_force

20-3603. Asset or reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer

A. An asset or a reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer that does not meet the requirements of section 20-3602 shall be allowed in an amount not exceeding the liabilities carried by the ceding insurer.  The director may adopt by rule pursuant to section 20-3604, subsection B specific additional requirements relating to or prescribing any or all of the following:

1. The valuation of assets or reserve credits.

2. The amount and forms of security supporting reinsurance arrangements described in subsection B of this section.

3. The circumstances pursuant to which credit will be reduced or eliminated.

B. The reduction shall be in the amount of funds held by or on behalf of the ceding insurer, including funds held in trust for the ceding insurer, under a reinsurance contract with the assuming insurer as security for the payment of obligations thereunder, if the security is held in the United States subject to withdrawal solely by, and under the exclusive control of, the ceding insurer or, in the case of a trust, held in a qualified United States financial institution as defined in section 20-3601, subsection B. This security may be in the form of:

1. Cash.

2. Securities listed by the securities valuation office of the national association of insurance commissioners, including those deemed exempt from filing as defined by the purposes and procedures manual of the securities valuation office, and qualifying as admitted assets.

3. Clean, irrevocable and unconditional letters of credit, issued or confirmed by a qualified United States financial institution, as defined in section 20-3601, subsection A, effective not later than December 31 of the year for which the filing is being made, and in the possession of, or in trust for, the ceding insurer on or before the filing date of its annual statement.  Letters of credit that meet applicable standards of issuer acceptability as of the dates of their issuance or confirmation, notwithstanding the issuing or confirming institution's subsequent failure to meet applicable standards of issuer acceptability, shall continue to be acceptable as security until their expiration, extension, renewal, modification or amendment, whichever occurs first.

4. Any other form of security acceptable to the director.
A.R.S. § 20-1812 — Arizona Code / Title 20 / Chapter 8 / Article 1 / Section 1812
20-1812 Disclosure statement; contents; refunds
Status: in_force

20-1812. Disclosure statement; contents; refunds

A. At the time of or before the execution of a life care contract and the transfer of any money or other property to a provider pursuant thereto, the provider shall deliver to the person with whom the life care contract is entered into:

1. A disclosure statement that contains a copy of the provider's certified financial statements and feasibility study prepared according to section 20-1802 and any other information required by the director. The cover of the disclosure statement shall contain the following statement in bold-faced print:  "A permit for this life care facility has been issued by the Arizona department of insurance and financial institutions. This permit does not constitute approval, recommendation or endorsement of the life care facility by the department, nor does it evidence the accuracy or completeness of the information in this statement."

2. If the life care contract offers a refund, a separate disclosure document that indicates:

(a) Whether an entrance fee will be charged and when the person must pay the entrance fee.

(b) Whether any part of the entrance fee, or any other amount, paid at any time by the contract holder or resident will be refunded to the person or the person's heirs.

(c) If a refund will be paid to the person or the person's heirs, the amount or amounts to be paid and the time for payment of the amounts.

(d) The specific conditions or limits, if any, on the payment of any refund, including a requirement for reoccupancy of a vacated unit, or any other limit or condition.

B. The disclosure language prescribed in subsection A, paragraph 2 of this section shall be in at least ten-point boldface type, shall be signed by the contract holder and the contract holder's partner or spouse, if any, and shall be witnessed by at least two independent persons.  The purchaser must separately initial each disclosure prescribed by subsection A, paragraph 2 of this section and verify that the person has read and understands the information presented in each disclosure. The provider shall give an initialed copy of the separate disclosure statement to the contract holder at the time of signing, and the provider shall keep a signed copy of the initialed disclosure statement. The director may recommend or require that the separate disclosures be in a specified form.  The form must contain the information required by this section.
A.R.S. § 20-876 — Arizona Code / Title 20 / Chapter 4 / Article 4 / Section 876
20-876 Beneficiaries
Status: in_force

20-876. Beneficiaries

A. At all times the owner of a benefit contract may change the beneficiary or beneficiaries in accordance with the laws or rules of the society unless the owner waives this right and requests in writing that the beneficiary designation be irrevocable. A society may limit the scope of beneficiary designations and shall provide that no revocable beneficiary has or may obtain any vested interest in the proceeds of a certificate until the certificate becomes due and payable in conformity with the provisions of the benefit contract.

B. A society may provide for the payment of funeral benefits to the extent of that portion of any payment under a certificate that reasonably appears to be due to any person who is equitably entitled to the payment and who incurred expenses resulting from the burial of a member. Any amount paid pursuant to this section shall not exceed one thousand dollars.

C. If a lawful beneficiary to whom death benefits are payable does not exist at the death of a person insured under a benefit contract, the benefit shall be paid to the estate of the deceased insured, except to the extent that funeral benefits have been paid pursuant to subsection B. If the owner of the certificate is a person other than the insured, the benefits shall be paid to the certificate owner.
A.R.S. § 20-481.14 — Arizona Code / Title 20 / Chapter 2 / Article 8 / Section 481.14
20-481.14 Termination of registration
Status: in_force

20-481.14. Termination of registration

The director shall terminate the registration of any insurer which demonstrates that it no longer is a member of an insurance holding company system.
A.R.S. § 20-1057.06 — Arizona Code / Title 20 / Chapter 4 / Article 9 / Section 1057.06
20-1057.06 Prior authorization
Status: in_force

20-1057.06. Prior authorization

A health care services organization shall not request information from a health care professional that does not apply to the medical condition at issue for the purposes of determining whether to approve or deny a prior authorization request.
A.R.S. § 20-258 — Arizona Code / Title 20 / Chapter 2 / Article 2 / Section 258
20-258 Multiple line insurers
Status: in_force

20-258. Multiple line insurers

For the purposes of this title, a multiple line insurer may transact any two or more kinds of insurance, as defined in sections 20-252, 20-253, 20-255, 20-256 and 20-257.
A.R.S. § 20-645 — Arizona Code / Title 20 / Chapter 3 / Article 4 / Section 645
20-645 Judgment upon assessment
Status: in_force

20-645. Judgment upon assessment

A. Upon the return day of the order to show cause provided for in section 20-643, if the member or subscriber does not appear and serve duly verified objections upon the receiver, the court shall make an order adjudging that the member or subscriber is liable for the amount of the assessment against him, together with costs, and that the receiver may have judgment against the member or subscriber therefor.

B. If, on such return day, the member or subscriber appears and serves duly verified objections upon the receiver, there shall be a full hearing before the court which, after the hearing, shall make such order as the facts warrant.

C. Any such order shall have the same force and effect, shall be entered and docketed and may be appealed from, as if it were a judgment in an original action brought in the court in which the proceeding is pending.
A.R.S. § 20-482.06 — Arizona Code / Title 20 / Chapter 2 / Article 8.1 / Section 482.06
20-482.06 Concurrent reorganization with a domestic or foreign mutual insurer
Status: in_force

20-482.06. Concurrent reorganization with a domestic or foreign mutual insurer

The concurrent reorganization of a domestic mutual insurer with one or more mutual insurers, domestic or foreign, into a single mutual insurance holding company, whether domestic or foreign, may be accomplished by a joint application and a joint plan of reorganization and may be approved by the director by complying with the requirements of this article. The director may determine that such other procedures are unnecessary to avoid duplicative costs and efforts in satisfying the requirements of this article and effectuating the reorganization.
A.R.S. § 20-287 — Arizona Code / Title 20 / Chapter 2 / Article 3 / Section 287
20-287 Nonresident licensing
Status: in_force

20-287. Nonresident licensing

A. Unless the director denies a license pursuant to section 20-295, the director shall issue a nonresident person a nonresident insurance producer license if all of the following apply:

1. The person is currently licensed as a resident and in good standing in the person's home state.

2. The person has submitted the proper request for licensure and has paid the fees prescribed in section 20-167.

3. The person has submitted the application for licensure as an insurance producer that the person submitted to the person's home state or a completed uniform application on a form prescribed by the national association of insurance commissioners.

4. The person's home state issues nonresident insurance producer licenses to residents of this state on the same basis.

B. To remain continuously licensed in this state, a resident insurance producer who moves from this state to another state shall file, within thirty days after requesting a clearance letter, a change of address form as prescribed in section 20-286, subsection C and apply for licensure from the new resident state.  After receiving the license from the new resident state, the insurance producer shall immediately notify the director of the new resident license.  A fee or license application is not required.

C. Notwithstanding any other provision of this chapter, the director shall issue:

1. A nonresident surplus lines broker license pursuant to subsection A of this section to a person who is licensed as a surplus lines producer or broker in the person's home state.  Except as provided in subsection A of this section, this section does not amend or supersede article 5 of this chapter.

2. A nonresident insurance producer license pursuant to subsection A of this section to a person who is licensed in the person's home state to transact limited lines insurance.  The license shall grant the person the same scope of authority granted under the license issued by the person's home state.  For the purposes of this paragraph, limited lines insurance is any authority that is granted by the home state and that restricts the authority of the license to less than the total authority prescribed in the associated major line insurance.

D. Except as otherwise provided in this title, a nonresident licensee is subject to this title as though the licensee were licensed as a resident.
A.R.S. § 20-841.05 — Arizona Code / Title 20 / Chapter 4 / Article 3 / Section 841.05
20-841.05 Prescription drug formulary; definitions
Status: in_force

20-841.05. Prescription drug formulary; definitions

A. A corporation with a prescription drug benefit that uses a drug formulary as a component of the subscription contract shall provide to its subscribers notice in the contract and any disclosure form regarding the applicable drug formulary.  The corporation shall write the notice so that the language and format are easy to understand.  The notice shall include an explanation of what a drug formulary is, how the corporation determines which prescription drugs are included or excluded and how often the corporation reviews the contents of the drug formulary.

B. A corporation described in subsection A of this section shall:

1. Develop and maintain a process by which health care professionals may request authorization for a medically necessary formulary or nonformulary prescription drug during nonbusiness hours.  If the corporation does not maintain that process, the corporation shall reimburse a subscriber for the subscriber's out-of-pocket expense minus any deductible or copayment for a prescription drug that was purchased by the subscriber without preauthorization but that was later approved by the corporation.

2. Develop and maintain a process by which health care professionals may request authorization for medically necessary nonformulary prescription drugs.  The corporation shall approve an alternative prescription drug when either of the following conditions is met:

(a) The equivalent prescription drug on the formulary has been ineffective in the treatment of the subscriber's disease or condition.

(b) The equivalent prescription drug on the formulary has caused an adverse or harmful reaction in the subscriber.

C. If the subscriber's pharmacy benefit plan does not require authorization, subsection B, paragraph 2 of this section does not apply.

D. If the subscriber's treating health care professional makes a determination that the subscriber meets any of the conditions described in subsection B of this section, any denial to cover the nonformulary prescription drug by the corporation shall be made in writing by a licensed pharmacist or medical director. The written denial shall contain an explanation of the denial, including the medical or pharmacological reasons why the authorization was denied, and the licensed pharmacist or medical director who made the denial shall sign it.  The corporation shall send a copy of the written denial to the subscriber's treating health care professional who requested the authorization.  The corporation shall maintain copies of all written denials and shall make the copies available to the department for inspection during regular business hours.

E. Any subscription contract that is issued, amended or renewed by a corporation and that includes prescription drug benefits shall not limit or exclude coverage for at least sixty days after the corporation's notice or the pharmacy's notice pursuant to subsection F of this section to the subscriber, whichever occurs first, for a prescription drug for a subscriber to refill a previously prescribed drug if the prescription drug was previously approved for coverage under the drug formulary or pharmacy benefit plan for the subscriber's medical condition and the health care professional continues to prescribe the prescription drug for the same medical condition. The limitation or exclusion prohibited by this subsection applies if the prescription drug is appropriately prescribed and is considered safe and effective for treating the subscriber's medical condition.  This subsection does not prohibit the health care professional from prescribing another prescription drug that is covered by the drug formulary and that is medically appropriate for the subscriber, including generic drug substitutions.

F. A corporation shall provide written notice of the removal of any prescription drug from the corporation's drug formulary to each pharmacy vendor with which the corporation has a contract.  On notice from the corporation, the contracted pharmacy vendor at the point of dispensing a prescription drug that has been removed from the drug formulary shall notify the subscriber by means of a verbal consultation or other direct communication with a subscriber that the subscriber may be required to consult with a health care professional to obtain a new prescription for a replacement drug after the sixty day period prescribed in subsection E of this section.  The notice prescribed in this subsection is not required if the pharmacy vendor is a pharmacy that is owned by the corporation or a corporate affiliate of that corporation.

G. This section does not:

1. Prohibit a corporation from applying deductibles, coinsurance or other cost containment or quality assurance measures.

2. Apply to a corporation that provides a multitiered benefit plan that allows access to prescription drugs without authorization by the corporation.

3. Apply to any corporation that holds a certificate of authority to operate either as a dental service corporation or an optometric service corporation.

H. For the purposes of this section:

1. "Health care professional" means a person who has an active nonrestricted license pursuant to title 32 and is authorized to write drug prescriptions to treat medical conditions.

2. "Prescription drug" means any prescription medication as defined in section 32-1901 that is prescribed by a health care professional to a subscriber to treat the subscriber's condition.
A.R.S. § 20-372 — Arizona Code / Title 20 / Chapter 2 / Article 4 / Section 372
20-372 Disclosure of information relating to rates
Status: in_force

20-372. Disclosure of information relating to rates

No person or organization shall wilfully withhold information from, or knowingly give false or misleading information to, the director, any statistical agency designated by the director, any rating organization or any insurer, which will affect the rates or premiums chargeable under this article.
A.R.S. § 20-1504 — Arizona Code / Title 20 / Chapter 6 / Article 7 / Section 1504
20-1504 Variations from standard policy format and page numbers
Status: in_force

20-1504. Variations from standard policy format and page numbers

The pages of the standard fire insurance policy may be renumbered and the format rearranged for convenience in the preparation of individual contracts, and to provide space for the listing of rates and premiums for coverages insured thereunder or under endorsements attached or printed thereon, and such other data as may be conveniently included for duplication on daily reports for office records.
A.R.S. § 20-3336 — Arizona Code / Title 20 / Chapter 25 / Article 2 / Section 3336
20-3336 Pharmacy benefit managers; prescribing; formulary exception process requirements; exception; enforcement; definitions
Status: in_force

20-3336. Pharmacy benefit managers; prescribing; formulary exception process requirements; exception; enforcement; definitions

A. On renewal of a health care plan, a health care insurer, pharmacy benefit manager or utilization review agent shall provide a covered individual and prescribing health care provider with access to a clear and convenient process to request a formulary exception process. The health care insurer, pharmacy benefit manager or utilization review agent may use its existing formulary exception process to satisfy this requirement if the medical exceptions process is consistent with the requirements prescribed in this section.

B. A health care insurer, pharmacy benefit manager or utilization review agent shall respond to a formulary exception determination request within seventy-two hours after receiving the formulary exception request and relevant clinical documentation. The covered individual or the covered individual's prescribing health care provider may request an expedited review in cases where exigent circumstances exist, and the health care insurer, pharmacy benefit manager or utilization review agent shall respond within twenty-four hours after receiving the formulary exception request and relevant clinical documentation.

C. For a covered individual who renews the same health care plan, a health care insurer, pharmacy benefit manager or utilization review agent shall approve a formulary exception for the covered individual if the covered individual has been previously approved to receive the nonformulary prescription drug under the same health care plan and the prescribing health care provider uses the formulary exception process and provides relevant clinical documentation to certify all of the following:

1. The covered individual has tried a formulary equivalent prescription drug that was a part of the covered individual's prescription drug benefit at the time of the trial, the formulary equivalent prescription drug was not effective in the treatment of the covered individual's medical condition and the health care provider specifies the contraindication or adverse or harmful reaction in the covered individual.

2. The covered individual has experienced a positive therapeutic outcome on the requested drug for more than ninety days.

3. Formulary equivalent prescription drugs are contraindicated or will likely cause a serious adverse reaction.

D. If a covered individual does not qualify for a formulary exception pursuant to subsection C of this section, the covered individual may still apply for a formulary exception using the health care insurer's, pharmacy benefit manager's or utilization review agent's formulary exception process.  When evaluating whether the covered individual should qualify for a formulary exception to continue on a nonformulary prescription drug, the health care insurer, pharmacy benefit manager or utilization review agent shall consider the following factors:

1. Whether the covered individual has experienced a positive therapeutic outcome on the previously approved drug.

2. Whether the formulary prescription drug is not in the best interest of the covered individual based on medical necessity because the covered individual's use of the formulary prescription drug is expected to cause either of the following:

(a) A negative impact on the covered individual's comorbid condition.

(b) A clinically predictable negative drug interaction.

3. Whether the formulary prescription drug is contraindicated or will likely cause a serious adverse reaction.

E. A health care insurer's or pharmacy benefit manager's denial of coverage for a nonformulary prescription drug shall be made in writing to the covered individual by a licensed pharmacist or medical director who made the decision to deny coverage.  The written denial shall contain an explanation of the denial that includes the medical or pharmacological reasons why the authorization was denied. The health care insurer, pharmacy benefit manager or utilization review agent shall send a copy of the written denial to the covered individual's treating health care provider who requested the formulary exception.  The health care insurer, pharmacy benefit manager or utilization review agent shall maintain copies of all written denials and shall make the copies available to the department for inspection. A covered individual or the covered individual's authorized representative may appeal any determination to deny a formulary exception under chapter 15, article 2 of this title.  The written notification shall include the process by which a covered individual may appeal the determination.

F. A formulary exception for a covered individual that is authorized by a health care insurer, pharmacy benefit manager or utilization review agent shall be in effect until the end of the covered individual's plan year.  The approval of a formulary exception shall be in writing and delivered to the covered individual and the covered individual's treating health care provider.

G. This section does not:

1. Prevent a health care provider from prescribing another prescription drug that is covered by the health care insurer or the pharmacy benefit manager if the health care provider deems the prescription drug medically necessary for the covered individual.

2. Prevent a health care insurer or pharmacy benefit manager that is contracted to provide pharmacy benefit management services from managing its formulary in compliance with this section, including:

(a) Adding a prescription drug to its formulary.

(b) Removing a prescription drug from its formulary if the drug manufacturer has removed the prescription drug for sale in the United States.

(c) Setting the cost sharing for nonformulary prescription drugs.

H. If a health care insurer, pharmacy benefit manager or utilization review agent violates this section, the director may enforce this section pursuant to section 20-3333 or chapter 15, article 1 of this title, as applicable.

I. A policy that is issued or renewed by a disability insurer does not include a policy that provides limited benefit coverage as defined in section 20-1137.

J. This section applies only to pharmacy benefit managers that are subject to section 20-3333.

K.  For the purposes of this section:

1. "Exigent circumstances" means a covered individual is suffering from a health condition that may seriously jeopardize the covered individual's life, health or ability to regain maximum function or when a covered individual is undergoing a current course of treatment using a nonformulary prescription drug.

2. "Formulary exception" means that health plan coverage of a health care provider's selected prescription drug is granted.

3. "Health care insurer" has the same meaning prescribed in section 20-2501.

4. "Health care plan" means a policy, contract or evidence of coverage that a health care insurer issues to an insured, enrollee or subscriber.

5. "Utilization review agent" means a utilization review agent as defined in section 20-2530 that is contracted to provide pharmacy benefit management services for a health care insurer.
A.R.S. § 20-1098.04 — Arizona Code / Title 20 / Chapter 4 / Article 14 / Section 1098.04
20-1098.04 Formation of captive insurers; redomestication
Status: in_force

20-1098.04. Formation of captive insurers; redomestication

A. An agency captive insurer or protected cell captive insurer shall be incorporated as a stock insurer with its capital divided into shares and held by the stockholders. Each owner of an agency captive insurer shall be licensed as an insurance producer.

B. A group captive insurer may be formed in any of the following ways:

1. Incorporated as a stock insurer with its capital divided into shares and held by the stockholders.

2. Incorporated as a mutual insurer without capital stock, the governing body of which is elected by the member organizations of its association.

3. Organized as a reciprocal insurer pursuant to article 2 of this chapter.

4. Incorporated as a nonprofit corporation pursuant to title 10, chapter 25.

C. A pure captive insurer may be formed in any of the following ways:

1. Incorporated as a stock insurer with its capital divided into shares and held by the stockholders.

2. Incorporated as a nonprofit corporation pursuant to title 10, chapter 25.

3. Incorporated as a limited liability company that is manager-managed pursuant to title 29.

D. The capital stock of a captive insurer that is incorporated as a stock insurer may be authorized with no par value.

E. A captive insurer that is formed as a corporation shall have at least three incorporators, at least one of whom shall be a resident of this state.  Notwithstanding subsection B, paragraph 3 of this section, a captive insurer that is formed as a reciprocal insurer may be organized by three or more subscribers, none of whom shall be required to be a resident of this state.

F. A pure captive insurer shall have at least one director. Any other kind of corporate captive insurer shall have at least three directors.  Any group captive insurer formed as a reciprocal insurer shall have at least three subscribers' advisory committee members.  In addition to independent directors, a group captive insurer may have as many directors as it has members.

G. A captive insurer that is formed as a corporation shall have at least one member of the board of directors who is a resident of this state.  A captive insurer that is formed as a limited liability company shall have at least one member of its board of managers who is a resident of this state.  A captive insurer that is formed as a reciprocal insurer shall have at least one member of the subscribers' advisory committee who is a resident of this state.

H. The articles of incorporation or bylaws of a captive insurer that is formed as a corporation with more than one director may authorize a quorum of a board of directors to consist of at least one-third of the fixed or prescribed number of directors, but at least two directors. The subscribers' agreement or other organizing document of a captive insurer formed as a reciprocal insurer may authorize a quorum of a subscribers' advisory committee to consist of at least one-third of the number of its members, but at least two members.

I. Any foreign or alien insurer may become a domestic captive insurer by complying with the requirements of this article relating to the licensing of a domestic captive insurer and by complying with all applicable requirements of the laws of this state relating to the domestication of a corporation to this state.  The effective date of a license that is issued to a foreign or alien insurer domesticated to this state shall be the date of filing its articles of domestication with the corporation commission.
A.R.S. § 20-770 — Arizona Code / Title 20 / Chapter 4 / Article 2 / Section 770
20-770 Certificate of authority
Status: in_force

20-770. Certificate of authority

A. The certificate of authority of a reciprocal insurer shall be issued to its attorney in the name of the insurer.

B. The director may refuse, suspend or revoke the certificate of authority, in addition to other grounds therefor, for failure of the attorney to comply with any provision of this title.
A.R.S. § 20-1621.05 — Arizona Code / Title 20 / Chapter 6 / Article 10.1 / Section 1621.05
20-1621.05 Reasonableness of benefits in relation to premium charged
Status: in_force

20-1621.05. Reasonableness of benefits in relation to premium charged

A. An insurer's premium rates shall be reasonable in relation to the benefits provided and shall not be excessive, inadequate or unfairly discriminatory.

B. At least once every three years, the director shall establish by order a loss ratio standard.  In establishing the loss ratio standard, the director shall consider the standard prescribed in subsection A of this section and the actual and expected loss experience of insurers, including a reasonable catastrophe provision.  The director shall also consider other rate components, including reasonable general and administrative expenses, reasonable acquisition expenses, reasonable creditor compensation, investment income, premium taxes, licenses, fees, assessments and reasonable underwriting profit and contingencies.

C. Concurrently with the establishment of a loss ratio standard pursuant to subsection B of this section, the director, by order, shall establish prima facie rates.  If an insurer's actual rates do not exceed the prima facie rates, the insurer's rates are presumed not to be excessive and the insurer is not required to file its rates with the director, subject to the following:

1. On or before April 1 of each year, on a form prescribed by the director, the insurer shall certify to the director that the rates currently applied by the insurer do not exceed the prima facie rates and that the rates are not inadequate or unfairly discriminatory.  The insurer shall also state the actual rates then in effect.  If the insurer changes the rates before the next April 1, the insurer shall file an amended certification with the director.

2. At any time the director may require the insurer to make rate filings according to section 20-1621.04.

D. The reasonable cost of actuarial or other professional services necessary to perform the duties required by this section are chargeable as examination expenses pursuant to section 20-159 and shall be allocated among insurers transacting credit property insurance or credit unemployment insurance in this state in proportion to the relative amounts of combined direct credit property and credit unemployment insurance premiums received in this state for the calendar year immediately before the date of the director's order pursuant to this section.
A.R.S. § 20-411.02 — Arizona Code / Title 20 / Chapter 2 / Article 5 / Section 411.02
20-411.02 Nonresident surplus lines broker; remittance of tax on insurance procured out of state
Status: in_force

20-411.02. Nonresident surplus lines broker; remittance of tax on insurance procured out of state

A. The director shall license a nonresident person as a surplus lines broker in accordance with section 20-287.

B. Except as otherwise provided, a nonresident surplus lines broker is subject to this title as if the broker were licensed as a resident.

C. A license from this state is not required for a nonresident who procures surplus lines insurance in another state in which the nonresident is licensed solely because of the allocation of premium to this state to determine the surplus lines tax due to this state pursuant to section 20-416, subsection E.  The nonresident shall remit the tax according to this article. The director shall prescribe the form of any reports or statements that are necessary for the nonresident to remit the tax.
A.R.S. § 20-1411 — Arizona Code / Title 20 / Chapter 6 / Article 5 / Section 1411
20-1411 Eligibility; prohibiting cancellation because of eligibility for certain benefits
Status: in_force

20-1411. Eligibility; prohibiting cancellation because of eligibility for certain benefits

A. An insurer issuing group disability or blanket disability insurance contracts shall not consider the availability of or a person's eligibility for medical assistance pursuant to title XIX of the social security act (P.L. 89-97; 79 Stat. 344; 42 United States Code section 1396a (1980)) when considering eligibility for coverage or calculating payments under its plans for eligible policyholders.

B. To the extent that payment for covered expenses has been made under the state program pursuant to title XIX of the social security act for health care items or services furnished to an individual, the state is considered to have acquired the rights of the individual to payment by any other party for those health care items or services. On presentation of proof that the state program pursuant to title XIX of the social security act has paid for covered items or services, the insurer shall make payments to the state program pursuant to title XIX of the social security act according to the coverage provided in the policy or certificate.

C. An insurer issuing group disability or blanket disability insurance contracts may not impose on a state agency that has been assigned the rights of an individual who is eligible for medical assistance and who is covered for health benefits from the insurer any requirements that are different from the requirements applicable to an agent or assignee of any other covered individual.

D. An insurer issuing group disability or blanket disability insurance contracts shall not cancel or fail to renew the contract of any person based on that person's eligibility for or enrollment in a program funded under title XIX of the social security act or title 36, chapter 29 or 34. Nothing in this section prohibits cancellation or failure to renew for nonpayment of monies due under the contract.
A.R.S. § 20-150 — Arizona Code / Title 20 / Chapter 1 / Article 2 / Section 150
20-150 Delegation of director's authority
Status: in_force

20-150. Delegation of director's authority

A. Any power, duty or function, whether ministerial or discretionary, vested by this title in the director may be exercised or discharged by any deputy, assistant or examiner or by any other person designated by the director pursuant to section 20-148 acting in the director's name and by his delegated authority.

B. The director shall be responsible for the official acts of his deputy, assistant, examiner or employee or any other person designated by the director pursuant to section 20-148 acting in the director's name and by his authority.
A.R.S. § 20-671 — Arizona Code / Title 20 / Chapter 3 / Article 6 / Section 671
20-671 Special meetings closed
Status: in_force

20-671. Special meetings closed

Notwithstanding any law to the contrary, special meetings of the board in which the financial condition of any member insurer is discussed shall not be open to the public and only members of the board, the director of the department of insurance and financial institutions and other persons specifically authorized by the board may attend such meetings.
A.R.S. § 20-481.22 — Arizona Code / Title 20 / Chapter 2 / Article 8 / Section 481.22
20-481.22 Power to make rules
Status: in_force

20-481.22. Power to make rules

The director may, upon notice and opportunity for all interested persons to be heard, issue such rules and orders as shall be necessary to carry out the provisions of this article, subject to title 41, chapter 6.
A.R.S. § 20-614 — Arizona Code / Title 20 / Chapter 3 / Article 4 / Section 614
20-614 Injunctions
Status: in_force

20-614. Injunctions

A. On application by the director for an order to show cause, or at any time thereafter, the court may without notice issue an injunction restraining the insurer, its officers, directors, stockholders, members, subscribers and agents and all other persons from the transaction of its business or the waste or disposition of its property until further order of the court.

B. The court may at any time during a proceeding under this article issue other injunctions or orders as is deemed necessary to prevent any of the following:

1. Interference with the receiver or the proceeding.

2. The waste of the assets of the insurer.

3. The commencement or prosecution of any actions.

4. The obtaining of preferences, judgments, attachments or other liens.

5. The making of any levy against the insurer or against its assets or any part of its assets.

C. An injunction issued pursuant to subsection A or B of this section does not operate to enjoin or prohibit any right to cause the netting, liquidation, setoff, termination, acceleration or close out of obligations or enforcement of any security agreement or arrangement or other credit enhancement or guarantee or reimbursement obligation under or in connection with any netting agreement or qualified financial contract as provided in section 20-637.

D. The court may also prescribe exclusive conditions and procedures for access to information from the receiver including procedures for the inspection or copying of the records of the insurer or receiver. The court may not place conditions on a reinsurer's contract rights to access to claim files other than the payment of reasonable charges for locating and copying the records.

E. Notwithstanding any other law, a bond is not required of the director or receiver as a prerequisite for the issuance of any injunction or restraining order pursuant to this section or for the filing of any appeal or other action for which a bond may be required.

F. Notwithstanding any other provision of this chapter, a federal home loan bank may not be stayed, enjoined or prohibited from exercising or enforcing any right or cause of action against collateral pledged by an insurer member under any federal home loan bank security agreement or any pledge, security, collateral or guarantee agreement or other similar arrangement or credit enhancement relating to a security agreement to which that federal home loan bank is a party.
A.R.S. § 20-395 — Arizona Code / Title 20 / Chapter 2 / Article 4.1 / Section 395
20-395 Apportionment agreements among insurers
Status: in_force

20-395. Apportionment agreements among insurers

Insurers may make agreements among themselves with respect to equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods, and such insurers may agree among themselves on the use of reasonable rate modifications for such insurance, with all such agreements and rate modifications subject to the approval of the director.
A.R.S. § 20-627 — Arizona Code / Title 20 / Chapter 3 / Article 4 / Section 627
20-627 Claims against foreign insurers
Status: in_force

20-627. Claims against foreign insurers

A. In a delinquency proceeding in a reciprocal state against an insurer domiciled in that state, claimants against the insurer who reside within this state may file claims either with the ancillary receiver, if any, appointed in this state, or with the domiciliary receiver. All such claims shall be filed on or before the last date fixed for the filing of claims in the domiciliary delinquency proceedings.

B. Controverted claims belonging to claimants residing in this state may either be proved in the domiciliary state as provided by the law of that state, or if ancillary proceedings have been commenced in this state, be proved in those proceedings. In the event that any such claimant elects to prove his claim in this state, he shall file his claim with the ancillary receiver and shall give notice in writing to the receiver in the domiciliary state, either by registered mail or by personal service at least forty days prior to the date set for hearing. The notice shall contain a concise statement of the amount of the claim, the facts on which the claim is based, and the priorities asserted, if any. If the domiciliary receiver within thirty days after the giving of such notice shall give notice in writing to the ancillary receiver and to the claimant, either by registered mail or by personal service, of his intention to contest such claim, he shall be entitled to appear or to be represented in any proceeding in this state involving adjudication of the claim. The final allowance of the claim by the courts of this state shall be accepted as conclusive as to its amount and shall also be accepted as conclusive as to its priority, if any, against special deposits or other security located within this state.
A.R.S. § 20-400.09 — Arizona Code / Title 20 / Chapter 2 / Article 4.2 / Section 400.09
20-400.09 Rules
Status: in_force

20-400.09. Rules

The director may promulgate rules necessary to implement the provisions of this article.
A.R.S. § 20-1001 — Arizona Code / Title 20 / Chapter 4 / Article 7 / Section 1001
20-1001 Definitions
Status: in_force

20-1001. Definitions

In this article, unless the context otherwise requires:

1. "Member" means an individual who is enrolled in a group prepaid dental plan as a principal subscriber together with such person's dependents who are entitled to dental care services under the plan solely because of their status as dependents of the principal subscriber.

2. "Membership coverage" means any certificate or contract issued to a member setting out the dental coverage to which such member is entitled.

3. "Prepaid dental plan" means any contractual arrangement whereby any prepaid dental plan organization undertakes to provide directly or to arrange for prepaid dental services and to pay or make reimbursement for any remaining portion of such prepaid dental services on a prepaid basis through insurance or otherwise.

4. "Prepaid dental plan organization" means any person who undertakes to conduct one or more prepaid dental plans providing only dental services.

5. "Prepaid dental services" means services included in the practice of dentistry as described in section 32-1202.

6. "Provider" means any person licensed or otherwise authorized to furnish prepaid dental services in this state.
A.R.S. § 20-416 — Arizona Code / Title 20 / Chapter 2 / Article 5 / Section 416
20-416 Tax on surplus lines
Status: in_force

20-416. Tax on surplus lines

A. On or before the due date prescribed in section 20-415, each surplus lines broker shall remit to the state treasurer through the director a tax on the premiums, exclusive of sums collected to cover federal and state taxes, examination fees and stamping fees collected pursuant to section 20-167, on surplus lines insurance covering Arizona single-state risks subject to tax transacted by the broker during the preceding reporting period, as shown by the statement of surplus lines business filed with the director.

B. On or before the due date prescribed in section 20-415, each surplus lines broker shall remit to the clearinghouse responsible for administering the compact or multistate agreement entered into by the director pursuant to section 20-416.01 a tax on the premiums, exclusive of the sums collected to cover federal and state taxes, examination fees and stamping fees collected pursuant to section 20-167, on surplus lines insurance covering multistate risks subject to tax for insureds whose home state is Arizona transacted by the broker during the preceding reporting period, as shown by the statement of surplus lines business filed with the clearinghouse.

C. The tax required by subsections A and B of this section is at the rate of three percent of the gross premiums, including policy fees other than stamping fees prescribed in section 20-167, and shall not be applied to premiums returned on account of cancellation or reduction of premium and shall not be applied to gross premiums and returned premiums on business exempted from surplus lines provisions under section 20-420. The surplus lines broker shall collect the tax from the insured in addition to the full amount of the gross premium charged by the insurer for the insurance. The surplus lines broker shall return the tax on any portion of the premium unearned at the termination of the insurance policy to the policyholder. The surplus lines broker is prohibited from absorbing the tax and from rebating, for any reason, any part of the tax or commission.

D. Notwithstanding section 20-415 and subsection A of this section, if a surplus lines broker fails to timely renew the license held by the broker to transact surplus lines insurance and the broker's license is revoked by order of the director or the director accepts the consent to voluntary termination of the license, the broker shall file a statement of surplus lines business from the end of the last reporting period covered by the statement filed by the broker through the date the license was last valid and shall remit all outstanding surplus lines taxes to the director. The broker shall file the statement of surplus lines business and shall remit any outstanding surplus lines taxes within thirty days after the nonrenewal, revocation or voluntary termination of the license.

E. Except as provided in subsection F of this section, for the purpose of determining the surplus lines tax, the total premium charged for surplus lines insurance placed in a single transaction with one underwriter or group of underwriters, whether in one or more policies, shall be allocated to this state in the proportion as the total premium on the insured properties or operations in this state, computed on the exposure in this state on the basis of any single standard rating method in use in all states or countries where the insurance applies, bears to the total premium so computed in all the states or countries.

F. The surplus lines tax on insurance on motor transit operations conducted between this and other states is payable on the total premium charged on all surplus lines insurance less the portion of the premium determined as provided in subsection E of this section charged for operations in other states taxing the premium of an insured maintaining its headquarters office in this state or the premium for operations outside of this state of an insured maintaining its headquarters office outside of this state and a branch office in this state.

G. Such tax shall be apportioned in the manner provided by section 20-224, subsection D.

H. All surplus lines taxes collected on Arizona single-state risks pursuant to this section and section 20-416.01 are monies that belong to this state and constitute a debt to this state. All surplus lines tax on coverage procured for an insured whose home state is Arizona that would otherwise be payable to another state as the other state's portion of a multistate risk shall constitute monies of this state and a debt to this state if the other state has not entered into a compact or multistate agreement to which Arizona is a party to effectuate the nonadmitted and reinsurance reform act of 2010 (15 United States Code section 8201).

I. From and after December 31, 2019, the director may require that reports and payments under this section and sections 20-408, 20-416.01 and 20-417 be submitted electronically.  If the director requires electronic submission, the director shall include on the department's official website a list of one or more acceptable third-party services through which a surplus lines broker must submit the reports and payments.
A.R.S. § 20-1057.11 — Arizona Code / Title 20 / Chapter 4 / Article 9 / Section 1057.11
20-1057.11 Health care services organizations; autism spectrum disorder; coverage; exceptions; definitions
Status: in_force

20-1057.11. Health care services organizations; autism spectrum disorder; coverage; exceptions; definitions

A. A health care services organization shall not:

1. Exclude or deny coverage for a treatment or impose dollar limits, deductibles and coinsurance provisions based solely on the diagnosis of autism spectrum disorder. For the purposes of this paragraph, "treatment" includes diagnosis, assessment and services.

2. Exclude or deny coverage for medically necessary behavioral therapy services. To be eligible for coverage, behavioral therapy services shall be provided or supervised by a licensed or certified provider.

B. This section does not:

1. Apply to an evidence of coverage that is issued to an individual or a small employer.

2. Apply to limited benefit coverage as defined in section 20-1137.

3. Require coverage for services provided outside of this state.

C. The coverage required by this section is subject to all the terms and conditions of the evidence of coverage.  This section does not prevent an organization from imposing deductibles, coinsurance or other cost sharing in relation to the coverage required by this section.

D. For the purposes of this section:

1. "Autism spectrum disorder" means a pervasive, developmental disorder that meets the criteria for autism spectrum disorder as defined in the most recent edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association.

2. "Behavioral therapy" means interactive therapies derived from evidence based research, including applied behavior analysis, which includes discrete trial training, pivotal response training, intensive intervention programs and early intensive behavioral intervention.

3. "Small employer" has the same meaning prescribed in section 20-2301.
A.R.S. § 20-2217 — Arizona Code / Title 20 / Chapter 12 / Article 1 / Section 2217
20-2217 Annual examination by the director
Status: in_force

20-2217. Annual examination by the director

The director shall make an examination into the affairs of the association at least annually. The examination shall be conducted and the report filed in the manner prescribed in section 20-156.
A.R.S. § 20-841.10 — Arizona Code / Title 20 / Chapter 4 / Article 3 / Section 841.10
20-841.10 Cancer treatment medications; cost sharing; definition
Status: in_force

20-841.10. Cancer treatment medications; cost sharing; definition

A. A contract that is issued, delivered or renewed by a corporation on or after January 1, 2016 and that provides coverage both for cancer treatment medications that are injected or intravenously administered by a health care provider and for patient-administered cancer treatment medications, including medications that are orally administered or self-injected, may not require a higher copayment, deductible or coinsurance amount for patient-administered cancer treatment medications than is required for those cancer treatment medications that are injected or intravenously administered by a health care provider, regardless of the formulation or benefit category.

B. A corporation may not increase copayment, deductible or coinsurance amounts for covered cancer treatment medications that are injected or intravenously administered in order to avoid compliance with subsection A of this section, but may increase copayment, deductible or coinsurance amounts for cancer treatment medications if the increase is applied generally to other medical or pharmaceutical benefits under the contract and is not done to circumvent subsection A of this section.

C. A corporation may not reclassify benefits with respect to cancer treatment medications in a manner that is inconsistent with this section.

D. For the purposes of this section, "cancer treatment medications" means prescription drugs and biologics that are used to kill, slow or prevent the growth of cancerous cells.
A.R.S. § 20-1241.09 — Arizona Code / Title 20 / Chapter 6 / Article 1.1 / Section 1241.09
20-1241.09 Rules; exemption from rule making procedures
Status: in_force

20-1241.09. Rules; exemption from rule making procedures

A. The director may adopt rules necessary to implement the requirements of this article.

B. The department is exempt from title 41, chapter 6, articles 3 and 5 for the purposes of adopting rules that establish the form and content of any consumer notices, disclosure forms, buyer's guides and other forms required by this article.  The requirements adopted by rule for any such notices, forms and guides shall substantially conform to those adopted in model regulations adopted by the national association of insurance commissioners.
A.R.S. § 20-1632 — Arizona Code / Title 20 / Chapter 6 / Article 11 / Section 1632
20-1632 Cancellation, nonrenewal and reduction of limits for reasons other than nonpayment of premium; notices to insured; refund of unearned premium
Status: in_force

20-1632. Cancellation, nonrenewal and reduction of limits for reasons other than nonpayment of premium; notices to insured; refund of unearned premium

A. A notice by the insurer to the policyholder of cancellation or reduction in the limits of liability or coverage for reasons other than nonpayment of premium shall be sent to the named insured at least ten days before the effective date of the cancellation or reduction in limits of liability or coverage. Notice of nonrenewal for reasons other than nonpayment of premium shall be sent at least forty-five days before the effective date of the nonrenewal. A notice under this subsection shall include or be accompanied by all of the following:

1. A statement in writing of the specific facts that constitute the reasons, consistent with this article, for such action by the insurer and a notice indicating the named insured's right to complain to the director of the insurer's action within ten days after receipt of the notice by the insured.

2. Notice of the insured's possible eligibility for insurance through the automobile assigned risk plan, and the notice shall state that all information included in the notice is given pursuant to this article.

3. Except as provided in paragraph 4 of this subsection, a refund of unearned premium. For the purposes of this paragraph, the insurer shall either send the notice and refund of unearned premium together at least ten days before the effective date or send the notice before the refund of unearned premium if both the notice and the refund of unearned premium are sent separately to the insured at least ten days before the effective date.  As an alternative to sending the refund by mail, an insurer may refund the unearned premium by any electronic means previously established with the insured to make and receive premium payments for the policy.

4. In the case of a notice of cancellation or nonrenewal of a policyholder whose premium payment is collected and remitted on the insurer's behalf by the insurer's affiliate, the insurer shall refund any unearned premium to the policyholder within ten days after the policy cancellation or nonrenewal. For the purposes of this paragraph, "affiliate" has the same meaning prescribed in section 20-481.

B. Failure of the insurer to comply with subsection A of this section shall invalidate any cancellation, nonrenewal or reduction in limits of liability or coverage.

C. If a premium has been financed, a refund of unearned premium shall be returned as provided in section 6-1416.
A.R.S. § 20-386 — Arizona Code / Title 20 / Chapter 2 / Article 4.1 / Section 386
20-386 Filings open to inspection
Status: in_force

20-386. Filings open to inspection

The director shall open to public inspection at any reasonable time each filing and supporting information filed pursuant to this article except information in a filing or supporting information that is a trade secret under title 44, chapter 4, article 1.  The insurer or filer shall have the burden of asserting to the director that the information is a trade secret. A person may obtain copies of materials open to public inspection upon request and payment of a reasonable charge.
A.R.S. § 20-1363 — Arizona Code / Title 20 / Chapter 6 / Article 4 / Section 1363
20-1363 Relation of earnings to insurance
Status: in_force

20-1363. Relation of earnings to insurance

A. There may be a provision as follows: "Relation of earnings to insurance: If the total monthly amount of loss of time benefits promised for the same loss under all valid loss of time coverage upon the insured, whether payable on a weekly or monthly basis, shall exceed the monthly earnings of the insured at the time disability commenced or his average monthly earnings for the period of two years immediately preceding a disability for which claim is made, whichever is the greater, the insurer will be liable only for such proportionate amount of such benefits under this policy as the amount of such monthly earnings or such average monthly earnings of the insured bears to the total amount of monthly benefits for the same loss under all such coverage upon the insured at the time such disability commences and for the return of such part of the premiums paid during such two years as shall exceed the pro rata amount of the premiums for the benefits actually paid hereunder; but this shall not operate to reduce the total monthly amount of benefits payable under all such coverage upon the insured below the sum of two hundred dollars or the sum of the monthly benefits specified in such coverages, whichever is the lesser, nor shall it operate to reduce benefits other than those payable for loss of time."

B. The policy provision set forth in subsection A of this section may be inserted only in a policy which the insured has the right to continue in force subject to its terms by the timely payment of premiums until at least age fifty or, in the case of a policy issued after age forty-four for at least five years from its date of issue. The insurer may, at its option, include in this provision a definition of "valid loss of time coverage," approved as to form by the director, which definition shall be limited in subject matter to coverage provided by governmental agencies or by organizations subject to regulation by insurance law or by insurance authorities of this or any other state of the United States or any province of Canada, or to any other coverage the inclusion of which may be approved by the director or any combination of such coverages. In the absence of such definition the term shall not include any coverage provided for the insured pursuant to any compulsory benefit statute, including any workers' compensation or employer's liability statute, or benefits provided by union welfare plans or by employer or employee benefit organizations.
A.R.S. § 20-1317 — Arizona Code / Title 20 / Chapter 6 / Article 3 / Section 1317
20-1317 Provisions inapplicable to single premium or term policies
Status: in_force

20-1317. Provisions inapplicable to single premium or term policies

Any of the provisions required by sections 20-1303 to 20-1316, inclusive, or any portion thereof which are not applicable to single premium or term policies or to policies issued or granted pursuant to nonforfeiture provisions shall to that extent not be incorporated therein.
A.R.S. § 20-443.01 — Arizona Code / Title 20 / Chapter 2 / Article 6 / Section 443.01
20-443.01 Misrepresentation in sale of insurance; violation; classification
Status: in_force

20-443.01. Misrepresentation in sale of insurance; violation; classification

A. It is unlawful for a person to knowingly make any misrepresentation as proscribed by section 20-443 in the sale of insurance.

B. A person who violates this section is guilty of a class 5 felony.
A.R.S. § 20-1096.11 — Arizona Code / Title 20 / Chapter 4 / Article 12 / Section 1096.11
20-1096.11 Scope and limitations of article
Status: in_force

20-1096.11. Scope and limitations of article

A. This article does not alter or diminish any right, privilege or authority granted to any insurer under any section of this title.

B. All mechanical reimbursement reinsurers operating pursuant to a certificate of authority as required by this article are exempt from the applicability of the insurance laws of this state, except if the laws are specifically made applicable.
A.R.S. § 20-1408 — Arizona Code / Title 20 / Chapter 6 / Article 5 / Section 1408
20-1408 Right to obtain individual policy; requirements; exceptions; definition
Status: in_force

20-1408. Right to obtain individual policy; requirements; exceptions; definition

A. Each group disability insurance policy delivered or issued for delivery in this state shall provide for the right of all persons covered under the group contract to convert to an individual disability policy on the death of the named insured, the entry of a decree of dissolution of marriage or any other condition other than the failure of the insured to pay the required premium specifically stated in the policy under which coverage would otherwise terminate as to a covered spouse or covered dependent children of the named insured.

B. All persons exercising their right to an individual disability policy under subsection A are entitled to have an individual disability policy issued to them by the issuer on a form provided for conversion which provides coverage most similar to that provided under the group policy. Each person entitled to have a conversion policy issued to him may elect a lesser form of coverage.

C. A written application and the first premium payment for the converted policy shall be made to the insurer within thirty-one days following termination of coverage under the existing policy. A monthly premium rate shall be offered to the person exercising continuation or conversion rights, and payment of one monthly premium shall be deemed sufficient consideration to enact the continuation or conversion policy. The effective date of the conversion policy is the day following the termination of insurance under the group policy.

D. Coverage provided through the conversion policy shall be without additional evidence of insurability and shall not impose any preexisting condition limitations, exclusions or other contractual time limitations other than those remaining unexpired under the policy or contract from which conversion is exercised.

E. Conversion of coverage may, at the option of the spouse exercising the right, include covered dependent children for whom the spouse has responsibility for care or support.

F. The insurer may elect to provide group insurance coverage in lieu of the issuance of a converted individual policy.

G. Each certificate of coverage shall include notice of the conversion privilege.

H. This section does not apply to disability income policies, to accidental death or dismemberment policies or to single term nonrenewable policies.

I. Conversion is not available to a person eligible for medicare or eligible for or covered by other similar disability benefits which together with the conversion coverage would constitute overinsurance.

J. At the time of filing a petition for dissolution of marriage, the clerk of the court shall provide to the petitioner for a dissolution of marriage two copies of the notice of the right of a dependent spouse to convert health insurance coverage under this section. The petitioner shall cause one copy of the notice to be served on the respondent together with a copy of the petition, summons and preliminary injunction. The director shall prepare the notice which must include a summary of this section. The clerk of the court or the director is not liable for damages arising from information contained in or omitted from the notices prepared or provided under this section.

K. This section also applies to blanket accident and sickness insurance policies and to all disability insurance issued by hospital, medical, dental and optometric service corporations, health care services organizations and fraternal benefit societies.

L. Any person who is a United States armed forces reservist, who is ordered to active military duty on or after August 22, 1990 and who had coverage under a disability insurance policy provided by the person's employer at such time shall have the right to reinstate such coverage upon release from active military duty subject to the following conditions:

1. Following reemployment by the reservist's former employer, the reservist shall make written application to the insurer within ninety days of discharge from active military duty or within one year of hospitalization continuing after discharge. Coverage shall be effective upon receipt of application by the insurer.

2. The coverage reinstated shall be the same coverage provided by the employer to other employees and their dependents in the employer group health insurance plan at the time of application.

3. The insurer may exclude from such coverage any health or physical condition arising during and occurring as a direct result of active military duty.

M. Each dependent of a person eligible for reinstatement under this provision shall be afforded the same rights and be subject to the same conditions as the insured, if the dependent was insured under the disability insurance policy at the time the eligible person entered active duty. Any dependent of such person born during the period of active military duty shall have the same rights as other dependents noted in this section.

N. The director shall adopt emergency rules applicable to persons who are leaving active service in the armed forces of the United States and returning to civilian status consistent with the provisions of subsection L of this section, including:

1. Conditions of eligibility.

2. Coverage of dependents.

3. Preexisting conditions.

4. Termination of insurance.

5. Probationary periods.

6. Limitations.

7. Exceptions.

8. Reductions.

9. Elimination periods.

10. Requirements for replacement.

11. Any other conditions of group and blanket disability contracts.

O. A group policy or any conversion policy that is issued under this section shall not be cancelled or nonrenewed except if:

1. The individual has failed to pay premiums or contributions pursuant to the terms of the health insurance coverage or the insurer has not received premium payments in a timely manner.

2. The individual has performed an act or practice that constitutes fraud or has made an intentional misrepresentation of material fact under the terms of the coverage.

3. The insurer has ceased to offer coverage to individuals that is consistent with the requirements of sections 20-1379 and 20-1380.

4. In the case of an insurer that offers health care coverage in this state through a network plan, no member of the group resides, lives or works in the service area served by the network plan or in an area for which the insurer is authorized to transact business but only if the coverage is terminated uniformly without regard to any health status-related factor of any covered individual.

5. In the case of an insurer who offers health coverage in the group market only through one or more bona fide associations, the membership of an employer in the association has ceased but only if that coverage is terminated uniformly without regard to any health status-related factor or any covered individual.

P. A conversion policy may be modified if the modification complies with the notice and disclosure requirements set forth in the group policy and evidence of coverage. A modification of a conversion policy which has already been issued to an insured shall not result in the effective elimination of any benefit originally included in the conversion policy.

Q. For the purposes of this section, "network plan" means a health care plan provided by an insurer under which the financing and delivery of health care services are provided, in whole or in part, through a defined set of providers under contract with the insurer.
A.R.S. § 20-612 — Arizona Code / Title 20 / Chapter 3 / Article 4 / Section 612
20-612 Delinquency proceedings; jurisdiction; venue; nature of remedy; appeal
Status: in_force

20-612. Delinquency proceedings; jurisdiction; venue; nature of remedy; appeal

A. The superior court is vested with exclusive original jurisdiction of delinquency proceedings under this article and is authorized to make all necessary and proper orders to carry out the purposes of this article.

B. The venue of delinquency proceedings against a domestic, foreign or alien insurer shall be in Maricopa county.

C. Delinquency proceedings pursuant to this article constitute the sole and exclusive method of liquidating, rehabilitating, reorganizing or conserving an insurer, and a court shall not entertain a petition for the commencement of such proceedings unless it has been filed in the name of the state on the relation of the director of the department of insurance and financial institutions.

D. An appeal shall lie to the supreme court from an order granting or refusing rehabilitation, liquidation or conservation and from every other order in delinquency proceedings having the character of a final order as to the particular portion of the proceedings embraced therein.
A.R.S. § 20-1556 — Arizona Code / Title 20 / Chapter 6 / Article 8.1 / Section 1556
20-1556 Contingency reserve
Status: in_force

20-1556. Contingency reserve

A. In addition to the paid in capital and surplus provided in section 20-1542 each mortgage guaranty insurer shall establish a contingency reserve after establishing the unearned premium reserve.  The mortgage guaranty insurer shall annually contribute to the contingency reserve an amount that in the aggregate is the greater of either fifty percent of the net earned premium or the minimum policyholder position required by section 20-1550 divided by ten. The annual contributions to the contingency reserve made during each calendar year shall be maintained for a period of one hundred twenty months, except that the insurer may make withdrawals in any year in which the actual incurred losses and loss expenses exceed thirty-five percent of the corresponding net earned premiums, and these releases shall not be made without prior approval by the insurance director or commissioner of the insurer's state of domicile.

B. In addition to withdrawals made pursuant to subsection A of this section, with the prior approval of the insurance director or commissioner of the insurer's state of domicile, the mortgage guaranty insurer may withdraw from the contingency reserve an amount that is not more than the amount by which the policyholder position exceeds the minimum policyholder position prescribed in section 20-1550.  The mortgage guaranty insurer shall provide or identify any information, analysis and other necessary documentation that supports the request submitted to the director or commissioner.
A.R.S. § 20-548 — Arizona Code / Title 20 / Chapter 3 / Article 2 / Section 548
20-548 Obligations of receivers or trustees
Status: in_force

20-548. Obligations of receivers or trustees

An insurer may invest in certificates, notes or other obligations issued by trustees or receivers of any institution created or existing under the laws of the United States or of any state, district or territory thereof, which, or the assets of which, are being administered under the direction of any court having jurisdiction, if such obligation in the opinion of the director is adequately secured as to principal and interest.
A.R.S. § 20-2220 — Arizona Code / Title 20 / Chapter 12 / Article 1 / Section 2220
20-2220 Prohibition from membership in Arizona guaranty fund
Status: in_force

20-2220. Prohibition from membership in Arizona guaranty fund

The association shall not be a member of the Arizona guaranty fund nor shall that fund or this state or any of its political subdivisions be otherwise responsible for losses sustained by the joint underwriting association.
A.R.S. § 20-288 — Arizona Code / Title 20 / Chapter 2 / Article 3 / Section 288
20-288 Exemption from examination
Status: in_force

20-288. Exemption from examination

A. An individual who applies for an insurance producer license in this state and who was previously licensed for the same lines of authority in another state is not required to take an examination if either:

1. The applicant is currently licensed in the other state.

2. The application is received within ninety days after the cancellation of the resident license that the applicant held in another state and the other state issues a certification that, at the time of cancellation, the applicant was in good standing in that state, or other reliable information available to the director indicates that the applicant is or was licensed in good standing for the line of authority requested. This paragraph does not apply to an applicant who fails an examination administered by this state for a specific line of authority four times within a twelve-month period, who becomes licensed as a resident in another state for the specific line of authority and who cancels the license in the other state and applies for a resident license in this state within one year of the last examination administered to the applicant by this state for the specific line of authority.

B. The following applicants are not required to take an examination:

1. An applicant for timely renewal of a license.

2. An applicant for the same type of license that covers the same lines of authority for which the applicant was licensed in this state, other than under a temporary license, within the twelve months preceding the date of application.

3. An applicant for an insurance producer license with authority for limited line insurance as defined in section 20-281, unless the applicant seeks to offer limited line crop insurance.

4. An applicant for a license as a nonresident insurance producer who meets the requirements of section 20-287, subsection A.

5. An applicant for a rental car agent license that is issued pursuant to section 20-331.

6. An applicant for a self-service storage agent license that is issued pursuant to section 20-332.

7. An applicant who resides in a state that does not license adjusters and who will be only adjusting portable electronics insurance policy claims in this state.
A.R.S. § 20-3206 — Arizona Code / Title 20 / Chapter 22 / Article 1 / Section 3206
20-3206 Rule making; examinations
Status: in_force

20-3206. Rule making; examinations

A. The director may adopt rules reasonably necessary to regulate life settlements and transactions consistent with the provisions of this chapter.

B. The director, whenever the director deems it reasonably necessary to protect the interests of the public, may examine the business and affairs of any licensee or applicant for a license. The director may order any licensee or applicant to produce any records, books, files or other information to ascertain whether or not the licensee or applicant is acting or has acted in violation of this title or otherwise contrary to the interests of the public.  The licensee or applicant shall pay any expenses incurred in conducting any examination.

C. In lieu of an examination of any foreign or alien licensee licensed in this state, the director, at the director's discretion, may accept an examination report on the licensee prepared by the director for the licensee's state of domicile or port-of-entry state.

D. Names of and individual identification data for all owners and insureds is private and confidential information and shall not be disclosed by the director unless required by law.

E. The provider shall maintain records of all consummated transactions and life settlement contracts for three years after the death of the insured. The director may inspect these records during reasonable business hours.
A.R.S. § 20-431.09 — Arizona Code / Title 20 / Chapter 2 / Article 5.1 / Section 431.09
20-431.09 Penalties
Status: in_force

20-431.09. Penalties

In addition to any other penalties provided by law, an insurer or producer that violates this article commits an unfair trade practice in violation of section 20-442.
A.R.S. § 20-482.04 — Arizona Code / Title 20 / Chapter 2 / Article 8.1 / Section 482.04
20-482.04 Plan review and approval; general provisions; hearing
Status: in_force

20-482.04. Plan review and approval; general provisions; hearing

A. The director shall review a plan of reorganization that is submitted to the director.  On review, the director shall approve the plan if the director finds all of the following:

1. The applicable provisions of this article, and other applicable provisions of law, have been fully met.

2. The plan protects the rights of policyholders.

3. The plan is fair and equitable to the members and the plan does not prejudice the interests of the members.

4. The converted stock insurer has capital or surplus, or any combination thereof, that is required of a domestic stock insurer on initial authorization to transact like kinds of insurance, and otherwise is able to satisfy the requirements of this state for transacting its insurance business.

5. The plan does not substantially reduce the security of the policyholders and the service to be rendered to the policyholders.

6. The financial condition of the mutual holding company or any subsidiary of the mutual holding company does not jeopardize the financial stability of the converted stock insurer.

7. The financial condition of the converting mutual insurer is not jeopardized by the conversion or reorganization, and the conversion or reorganization does not jeopardize the financial stability of the mutual holding company or any subsidiary of the mutual holding company.

8. The competence, experience and integrity of those persons who control the operation of the converted stock insurer are not contrary to the interests of policyholders of the converted stock insurer and of the public in allowing the plan to proceed.

B. To the extent the plan contains a provision that allows for the acquisition or merger of other insurance companies, the director shall apply the standards for scrutinizing mergers and acquisitions provided in section 20-481.07, subsection A, paragraph 3.  The director may not approve a plan that fails to meet these standards.

C. An approval of a plan by the director expires if the plan is not carried out within one year after the date of the approval, unless the director extends the time period for good cause on written application for such extension.

D. The director may retain, at the expense of the converting mutual insurer, qualified experts not otherwise a part of the staff of the department to assist in reviewing the plan and supplemental documents.

E. The director may hold a hearing as prescribed in section 20-161 for the purposes of receiving comments on whether a plan should be approved and on any other matter relating to the reorganization. The hearing, if held, shall be held within sixty days after the director receives a completed filing of the plan and all information required by the director.
A.R.S. § 20-485.04 — Arizona Code / Title 20 / Chapter 2 / Article 9 / Section 485.04
20-485.04 Advertising; approval
Status: in_force

20-485.04. Advertising; approval

An administrator may use only such advertising pertaining to the business underwritten by an insurer as has been approved by such insurer in advance of its use.
A.R.S. § 20-3653 — Arizona Code / Title 20 / Chapter 31 / Article 1 / Section 3653
20-3653 Clinical review criteria
Status: in_force

20-3653. Clinical review criteria

A. Clinical review criteria that are used by a health care insurer, pharmacy benefit manager or utilization review agent to establish a step therapy protocol shall be based on clinical practice guidelines that:

1. Recommend that the prescription drugs be taken in the specific sequence required by the step therapy protocol.

2. Except as provided in subsection B of this section, are developed and endorsed by a multidisciplinary panel of experts that manages conflicts of interest among the members of the writing and review groups by doing both of the following:

(a) Requiring the members to disclose any potential conflict of interest with an entity, including a health care insurer or pharmaceutical manufacturer, and recuse themselves from voting if they have a conflict of interest.

(b) Using a methodologist to work with writing groups to provide objectivity in data analysis and ranking of evidence through preparing evidence tables and facilitating consensus.

3. Are based on high quality studies, research and medical practice.

4. Are created by an explicit and transparent process that does all of the following:

(a) Minimizes biases and conflicts of interest.

(b) Explains the relationship between treatment options and outcomes.

(c) Rates the quality of the evidence supporting recommendations.

(d) Considers relevant patient subgroups and preferences.

5. Are regularly updated at least once a year through a review of new evidence and research and newly developed treatments.

B. If no clinical practice guidelines exist that meet the requirements prescribed in subsection A, paragraph 2 of this section, peer reviewed publications may be used.

C. When considering clinical review criteria to establish a step therapy protocol, a utilization review agent shall also consider the needs of atypical patient populations and diagnoses.

D. Each health care insurer, pharmacy benefit manager and utilization review agent shall annually certify to the department that the clinical review criteria used in the insurer's, manager's or agent's step therapy protocol for prescription drugs meet the requirements prescribed by this article.  On the department's request, the health care insurer, pharmacy benefit manager or utilization review agent shall submit the insurer's, manager's or agent's clinical review criteria for approval.  The department may require a health care insurer to submit an annual certification or clinical review criteria submission for a pharmacy benefit manager or utilization review agent that acts on behalf of the health care insurer, and the health care insurer and the pharmacy benefit manager or utilization review agent shall be held jointly responsible for any errors, omissions, misstatements or misrepresentations in that annual certification or submission.  A health care insurer that submits an annual certification or clinical review criteria submission on behalf of the health care insurer's pharmacy benefit manager or utilization review agent shall provide the pharmacy benefit manager or utilization review agent at least fifteen days' advance notice of the certification or submission, and the pharmacy benefit manager or utilization review agent may submit an independent certification or submission, in lieu of having the health care insurer make the certification or submission on the pharmacy benefit manager's or utilization review agent's behalf.

E. This section does not require a health care insurer to establish a new entity to develop clinical review criteria used for a step therapy protocol.
A.R.S. § 20-202.01 — Arizona Code / Title 20 / Chapter 2 / Article 1 / Section 202.01
20-202.01 Stock insurer's initial free surplus defined
Status: in_force

20-202.01. Stock insurer's initial free surplus defined

Initial free surplus of a stock insurer is the minimum amount of investment required for the lines authorized over and above the minimum required capital stock.
A.R.S. § 20-831 — Arizona Code / Title 20 / Chapter 4 / Article 3 / Section 831
20-831 Annual statement; examination
Status: in_force

20-831. Annual statement; examination

A. Not later than March 31 of each year every corporation shall file with the director a statement of its financial condition, transactions and affairs as of the preceding December 31 as prescribed in sections 20-223 and 20-234 and shall pay the annual renewal fee prescribed in section 20-167.

B. At the time of filing its annual statement as required by section 20-223, a corporation shall also disclose to the director, in the form or manner prescribed by the director, information similar to that required of other corporations transacting business in this state pursuant to title 10, chapter 39, article 2 that is not already filed with or available to the director.

C. The director may appoint an examiner, deputy examiner or other person to examine into the affairs of the corporation who has the power of visitation and examination, is entitled to free access to all the books, papers and documents relating to the business of the corporation and may summon the officers, agents or employees or any other persons and require them to testify under oath concerning the affairs, transactions and condition of the corporation.  An examination shall be conducted at least every five years.

D. The corporation shall pay the cost of the examination and audit, but the corporation is not required to pay for more than one audit or examination in any one year. The corporation shall pay the costs as provided for insurers pursuant to section 20-159.

E. A corporation that fails to timely file the annual statement required under subsection A of this section or fails to provide information required under subsection B of this section is subject to the penalties prescribed in section 20-223.
A.R.S. § 20-1809 — Arizona Code / Title 20 / Chapter 8 / Article 1 / Section 1809
20-1809 Examination
Status: in_force

20-1809. Examination

The director may conduct an examination of the affairs of any provider as often as he deems it necessary for the protection of the interests of the people of this state and for this purpose shall have the powers set forth in this title with respect to examinations of insurers.
A.R.S. § 20-1095.10 — Arizona Code / Title 20 / Chapter 4 / Article 11 / Section 1095.10
20-1095.10 Scope and limitations of article
Status: in_force

20-1095.10. Scope and limitations of article

A. This article applies to any home warranty or home protection contract, and to service contracts covering motor vehicles.

B. This article does not alter or diminish any right, privilege or authority granted to any insurer under any section of this title.

C. All service companies operating pursuant to a permit as required by this article and those items exempt pursuant to section 20-1095.02 are exempt from the applicability of the insurance laws of this state, except if the laws are specifically made applicable.
A.R.S. § 20-1097.09 — Arizona Code / Title 20 / Chapter 4 / Article 13 / Section 1097.09
20-1097.09 Liability of corporation; civil penalty
Status: in_force

20-1097.09. Liability of corporation; civil penalty

A. Notwithstanding section 20-1097.13, subsection C, if after a hearing the director finds that an insurance producer or salesperson of a corporation authorized to sell prepaid legal insurance contracts has made wilful misrepresentations, the director may impose a civil penalty on the prepaid legal insurance corporation of not more than one hundred thousand dollars for each wilful misrepresentation.

B. Notwithstanding section 20-1097.13, subsection C, if after a hearing the director finds that an insurance producer or salesperson of a corporation authorized to sell prepaid legal insurance contracts has made negligent misrepresentations, the director may impose a civil penalty on the prepaid legal insurance corporation of not more than ten thousand dollars for each misrepresentation.

C. No order of the director pursuant to this section or order of the court to enforce it, or the holding of a hearing, may in any manner relieve or absolve any person affected by the order or hearing from any other liability, penalty or forfeiture under law.

D. Any monies collected from any civil penalty imposed pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 20-829 — Arizona Code / Title 20 / Chapter 4 / Article 3 / Section 829
20-829 Directors
Status: in_force

20-829. Directors

The directors of a corporation governed by this article shall at all times include representatives of:

1. Dentists licensed to practice in this state who have contracted with the corporation to render dental service to subscribers, if the corporation is a dental service corporation.

2. Optometrists licensed to practice in this state who have contracted with the corporation to render optometric service to subscribers, if the corporation is an optometric service corporation.

3. The general public, exclusive of dentists and optometrists.
A.R.S. § 20-3341 — Arizona Code / Title 20 / Chapter 25 / Article 3 / Section 3341
20-3341 Definitions
Status: in_force

20-3341. Definitions

In this article, unless the context otherwise requires:

1. "Drug coverage":

(a) Means any form of compensation paid to a pharmacy that dispenses prescription drugs for a patient under a contractual or other legal obligation with a health insurer or pharmacy benefit manager.

(b) Does not include either of the following:

(i) Coverage provided pursuant to title 36, chapter 29, article 1.

(ii) Any amounts paid by an individual on his or her own behalf or on behalf of another individual without a contractual or legal obligation to do so.

2. "Health care plan" has the same meaning prescribed in section 20-3151.

3. "Health insurer" has the same meaning prescribed in section 20-242.

4. "Third party" means a health insurer or pharmacy benefit manager that provides or manages drug coverage under a health care plan.

5. "340B covered entity" means an entity that participates in the 340B drug discount program authorized by 42 United States Code section 256b.

6. "340B drug" means a drug that is purchased by a 340B covered entity through the 340B drug discount program authorized by 42 United States Code section 256b and that is dispensed by a pharmacy.
A.R.S. § 20-389 — Arizona Code / Title 20 / Chapter 2 / Article 4.1 / Section 389
20-389 Rate service organizations; license; application
Status: in_force

20-389. Rate service organizations; license; application

A. A rate service organization shall not provide any service relating to the rates of any insurance subject to this article nor may any insurer utilize the service of such organization for such purposes unless the organization has obtained a license from the director.

B. No rate service organization may refuse to supply any services for which it is licensed in this state to any insurer authorized to do business in this state and offering to pay the fair and usual compensation for the services.

C. A rate service organization applying for a license shall include with its application:

1. A copy of its constitution, charter, articles of organization, agreement, association or incorporation and a copy of its bylaws and any other rules or regulations governing its activities.

2. A list of its members and subscribers.

3. The name and address of one or more residents of this state upon whom notices, process affecting it or orders of the director may be served.

4. A statement showing its technical qualifications for acting in the capacity for which it seeks a license.

5. Any other relevant information or documents the director may require.

D. If the director finds that the applicant and the natural persons through whom it acts are qualified to provide the services proposed and that all requirements of law are met, the director shall issue a license specifying the authorized activity of the applicant. The director shall not issue a license if the proposed activity would tend to establish a monopoly or to lessen or to destroy price competition. Licenses issued pursuant to this section remain in effect until the licensee withdraws from this state or until the license is suspended or revoked.

E. A rate service organization shall promptly file any amendment to a document required to be filed pursuant to this section. Failure to file any such amendment is a ground for suspension of the license during the period of noncompliance. Repeated failures to file such amendments are grounds for revocation of the license.

F. Pending its application to the director for a license to provide services as a rate service organization, every rating organization providing services in this state on the effective date of this section may continue to provide services after that date as a rate service organization subject to the provisions of this article. A rate service organization shall apply for a license within thirty days after the effective date of this article.
A.R.S. § 20-297 — Arizona Code / Title 20 / Chapter 2 / Article 3 / Section 297
20-297 Assumed business name; trade name
Status: in_force

20-297. Assumed business name; trade name

A. An insurance producer doing business under any name other than the producer's legal name shall notify the director on a form prescribed by the director before using the assumed name.

B. The director may deny the use of an assumed business name, require the use of a different assumed business name or require the use of an assumed business name if an insurance producer uses or proposes to use an assumed business name that either:

1. Is so similar to the legal name or name already assumed under this section by any other licensed insurance producer so as to cause uncertainty or confusion.

2. Tends to deceive or mislead the public as to the nature of the business that is or will be conducted.

C. An insurance producer shall notify the director in writing within thirty days after any material change to the information filed with the director under this section.

D. The director shall not issue any license in a trade name except to a business entity and on proof satisfactory to the director that the trade name has been lawfully registered.
A.R.S. § 20-485.07 — Arizona Code / Title 20 / Chapter 2 / Article 9 / Section 485.07
20-485.07 Payment of claims on behalf of insurer
Status: in_force

20-485.07. Payment of claims on behalf of insurer

All claims paid by the administrator from funds collected on behalf of the insurer shall be paid only on drafts of and as authorized by such insurer.
A.R.S. § 20-1005 — Arizona Code / Title 20 / Chapter 4 / Article 7 / Section 1005
20-1005 Deposit requirement; exception
Status: in_force

20-1005. Deposit requirement; exception

A. A prepaid dental plan organization shall maintain on deposit with the state treasurer through the director's office a surety bond, guaranteeing services under the plan, or cash or securities eligible for investment of capital funds, in the following amounts depending on the number of members entitled to dental care services pursuant to contracts issued by the plan:

Number of members   Deposit

5,000 or less     $ 25,000

5,001 - 7,500      30,000

7,501 - 10,000      50,000

10,001 - 15,000     75,000

15,001 - 20,000    100,000

20,001 - 25,000    125,000

25,001 - 30,000    150,000

30,001 - 40,000    175,000

40,001 and above   200,000

B. The deposit prescribed by subsection A shall be held by the state treasurer in trust for the benefit and protection of persons covered by a prepaid dental plan.

C. Any securities within the description of subsection A, with the approval of the director, may be exchanged for similar securities or cash of equal amount. Interest on securities deposited shall be payable to the prepaid dental plan organization depositing such securities.

D. An unpaid final judgment arising upon a membership coverage shall be a lien on the deposit prescribed by subsection A, subject to execution after thirty days from the entry of final judgment. If the deposit is reduced, it shall be replenished within ninety days by the prepaid dental plan organization.

E. Upon liquidation or dissolution of a prepaid dental plan organization and the satisfaction of all its debts and liabilities, any balance remaining of the cash or securities deposit prescribed in subsection A together with any other assets of the prepaid dental plan organization shall be returned by the director to the prepaid dental plan organization.

F. The deposit prescribed by subsection A shall not apply with respect to a prepaid dental plan organization which is funded by the federal, state or a municipal government or any political subdivision or body to the extent and for such period of time that the prepaid dental plan organization can demonstrate to the director the presence of operational commitments from such sources equivalent to such deposit.
A.R.S. § 20-715 — Arizona Code / Title 20 / Chapter 4 / Article 1 / Section 715
20-715 Membership in mutual insurer
Status: in_force

20-715. Membership in mutual insurer

A. Each holder of one or more insurance policies or contracts issued by a domestic mutual insurer, other than a contract of reinsurance, is a member of the insurer with all the rights and obligations of such membership, and each such policy or contract so issued shall so specify.

B. Any person, government or governmental agency, state or political subdivision thereof, public or private corporation, board, association, firm, estate, trustee or fiduciary may be a member of a domestic, foreign or alien mutual insurer.
A.R.S. § 20-234 — Arizona Code / Title 20 / Chapter 2 / Article 1 / Section 234
20-234 Filing requirement; participation in the insurance regulatory information system
Status: in_force

20-234. Filing requirement; participation in the insurance regulatory information system

A. On or before March 1 of each year or on or before the earliest date the company is required to file an annual statement with any state if later, each domestic, foreign and alien insurer that is authorized to transact insurance in this state shall file with the national association of insurance commissioners a copy of its annual statement convention blank, along with any additional filings that are prescribed by the director for the preceding year. The filed information shall be in the format and scope that are required by the director and shall include the signed jurat page and the actuarial certification. Any amendments and addendums to the annual statement filing that are filed subsequently with the director also shall be filed with the national association of insurance commissioners. If the director requires an insurer that is admitted to transact insurance by more than one state to file a quarterly financial statement, the insurer shall also file the quarterly statement on diskette or another electronic medium designated by the director with the national association of insurance commissioners.

B. In the absence of actual malice, members of the national association of insurance commissioners, their duly authorized committees, subcommittees, task forces, delegates and employees and all other persons who are charged with the responsibility of collecting, reviewing, analyzing and disseminating the information contained in the annual statement convention blanks are agents of the director and are not subject to civil liability for libel, slander or other cause of action relating to the collection, review, analysis or dissemination of the data and information that are collected.

C. All financial analysis ratios and examination synopses concerning insurance companies that are submitted to the department by the national association of insurance commissioners' insurance regulatory information system are confidential and shall not be disclosed by the department.

D. The director may suspend, revoke or refuse to renew the certificate of authority of any insurer failing to file its annual statement when due or within an extension of time that the director, for good cause, may have granted.

E. A foreign insurer that is domiciled in a state which has a statute substantially similar to subsection A and has complied with that statute is exempt from the requirements of this section.

F. This section does not apply to domestic life and disability reinsurers authorized to transact insurance pursuant to chapter 4, article 10 of this title.
A.R.S. § 20-1057.03 — Arizona Code / Title 20 / Chapter 4 / Article 9 / Section 1057.03
20-1057.03 Chiropractic care; definitions
Status: in_force

20-1057.03. Chiropractic care; definitions

A. Every health care services organization shall provide coverage for chiropractic services provided by network chiropractic providers pursuant to this section.

B. A health care services organization is not required to provide coverage for chiropractic services obtained from a provider who is not a member of the health care services organization's provider network.

C. An enrollee may obtain medically necessary chiropractic services from a network chiropractic provider through self-referral for a minimum of twelve visits in an annual contract period, unless the enrollee's evidence of coverage with the health care services organization allows for additional visits or benefits.

D. This section does not:

1. Require a health care services organization to provide services that are not covered by the enrollee's evidence of coverage and does not diminish or impair any preexisting condition limitation in the evidence of coverage.

2. Prohibit an enrollee from seeking chiropractic services in addition to the limits prescribed in this section from any chiropractic provider if the enrollee accepts financial responsibility for those services.

E. Nothing in this section prohibits the use of deductibles, coinsurance, copayments or other cost sharing in relation to the chiropractic benefits offered.

F. For the purposes of this section:

1. "Chiropractic services" means only nonsurgical and noninvasive treatment of neck and back pain through physiotherapy, musculoskeletal manipulation and other physical corrections of musculoskeletal conditions within the scope of the chiropractic practice.

2. "Musculoskeletal" means any function of the musculoskeletal system that is integrated with neurological function and is expressed by biological regulatory mechanisms.

3. "Network chiropractic provider" means a chiropractic physician who is licensed pursuant to title 32, chapter 8 and who is under written contract with the health care services organization to provide services pursuant to this section.

4. "Self-referral" means obtaining treatment by a provider without referral from a primary care physician.
A.R.S. § 20-622 — Arizona Code / Title 20 / Chapter 3 / Article 4 / Section 622
20-622 Order of liquidation of alien insurers
Status: in_force

20-622. Order of liquidation of alien insurers

An order to liquidate the business of a United States branch of an alien insurer having trusteed assets in this state shall be in the same terms as those prescribed for domestic insurers, except that the assets of the business of such United States branch shall be the only assets included therein.
A.R.S. § 20-1207 — Arizona Code / Title 20 / Chapter 6 / Article 1 / Section 1207
20-1207 Dividends
Status: in_force

20-1207. Dividends

There shall be a provision in participating policies that, beginning not later than the end of the third policy year, the insurer shall annually ascertain and apportion the divisible surplus, if any, that will accrue on the policy anniversary or other dividend date specified in the policy provided the policy is in force and all premiums to that date are paid. Except as provided in this section, any dividend so apportioned shall, at the option of the party entitled to elect such option, be either payable in cash or applied to any one of such other dividend options as may be provided by the policy. If any such other dividend options are provided, the policy shall further state which option shall be automatically effective if the party has not elected some other option. If the policy specifies a period within which the other dividend option may be elected, such period shall be not less than thirty days following the date on which the dividend is due and payable. The annually apportioned dividend shall be deemed to be payable in cash even though the policy provides that payment of the dividend is to be deferred for a specified period, but such period shall not exceed six years from the date of apportionment and interest shall be added to the dividend at a specified rate. If a participating policy provides that the benefit under any paid-up nonforfeiture provision is to be participating, it may provide that any divisible surplus apportioned while the insurance is in force under the nonforfeiture provision shall be applied in the manner set forth in the policy.
A.R.S. § 20-2212 — Arizona Code / Title 20 / Chapter 12 / Article 1 / Section 2212
20-2212 Deficits; equitable assessments; premium tax credits
Status: in_force

20-2212. Deficits; equitable assessments; premium tax credits

A. On a determination that within the next one hundred eighty days thereafter the association will be unable to pay its outstanding lawful obligations as they mature in the regular course of business as shown by an excess of such lawful obligations over admitted assets, the association shall certify to the director the existence of this condition.

B. At the time of certification, the association shall submit a schedule of policyholder surcharges and a plan of member assessments which, in combination, are sufficient to assure the continued sound financial operation of the association. The surcharge may not exceed ten per cent of the total premium paid for a policy or policies obtained through the association. Member assessments shall not exceed one per cent of each member's net direct premium in this state attributable to the line of insurance, the writing of which requires it to be a member of the association.

C. Any member of the association subject to an assessment in any one calendar year shall be allowed a premium tax credit beginning in the following calendar year, at the rate of twenty per cent per year for five years.

D. The association shall certify to the director the estimated amount of any deficit remaining after the termination of all underwriting activities of the association. Policyholder surcharges are limited to ten per cent of the annual premium.
A.R.S. § 20-1113 — Arizona Code / Title 20 / Chapter 5 / Article 1 / Section 1113
20-1113 Contents of policy
Status: in_force

20-1113. Contents of policy

A. The written instrument in which a contract of insurance is set forth is the policy.

B. Every policy shall specify:

1. The names of the parties to the contract.

2. The insurer's name.

3. The subject of the insurance.

4. The risks insured against.

5. The time when the insurance thereunder takes effect and the period during which the insurance is to continue.

6. The premium.

7. The conditions pertaining to the insurance.

C. If under the policy the exact amount of premium is determinable only at stated intervals or termination of the contract, a statement of the basis and rates upon which the premium is to be determined and paid shall be included.

D. The provisions of subsections A, B and C shall not apply to surety contracts, or to group insurance policies.

E. A policy may contain additional provisions not inconsistent with this title and which are:

1. Required to be inserted by the laws of the insurer's domicile.

2. Necessary, on account of the manner in which the insurer is constituted or operated, in order to state the rights and obligations of the parties to the contract.

3. Desired by the insurer and neither prohibited by law nor in conflict with any provisions required to be included therein.
A.R.S. § 20-481.26 — Arizona Code / Title 20 / Chapter 2 / Article 8 / Section 481.26
20-481.26 Penalties; cease and desist order; violation; classification
Status: in_force

20-481.26. Penalties; cease and desist order; violation; classification

A. An insurer failing to file without just cause a registration statement required by this article after notice and a hearing shall pay a penalty of two hundred fifty dollars for each day's delay in filing, not to exceed fifty thousand dollars. The director may reduce the penalty if the insurer demonstrates that the imposition of the penalty would constitute a financial hardship to the insurer. The director shall deposit, pursuant to sections 35-146 and 35-147, the penalties collected in the state general fund.

B. Every director or officer of an insurance holding company system who knowingly violates, participates in, assents to or permits an officer or agent of the insurer to engage in transactions or make investments that have not been properly reported or submitted pursuant to section 20-481.02, 20-481.05 or 20-481.09 or who violates this article in his individual capacity after notice and a hearing shall pay a civil penalty of not more than ten thousand dollars for each violation. In determining the amount of the civil penalty, the director shall consider the appropriateness of the penalty with respect to the gravity of the violation, the history of previous violations and other matters as justice may require.

C. If it appears to the director that an insurer subject to this article or a director, officer, employee or agent of the insurer has engaged in a transaction or entered into a contract that is subject to this article and that would not have been approved had such approval been requested, the director may order the insurer to cease and desist immediately any further activity under that transaction or contract. After notice and a hearing the director also may order the insurer to void the contract and restore the status quo if that action is in the best interest of the policyholders, the creditors or the public.

D. A knowing violation of this article is a class 1 misdemeanor. Notwithstanding any other law, an insurer that wilfully violates this article may be fined not more than fifty thousand dollars or an individual who wilfully violates this article may be fined in his individual capacity not more than ten thousand dollars.

E. An officer, director or employee of an insurance holding company system who wilfully and knowingly subscribes to or makes or causes to be made any false statements, reports or filings with the intent to deceive the director in the performance of his duties under this article is guilty of a class 6 felony. No insurance holding company system shall pay a fine on behalf of an officer, director or employee found guilty under this subsection.

F. Whenever it appears to the director that any person has committed a violation of section 20-481.02 and that violation prevents a full understanding by the director of the enterprise risk to the insurer by affiliates or by the insurance holding company system, the violation may serve as an independent basis for disapproving dividends or distributions and for placing the insurer under an order of supervision in accordance section 20-169.
A.R.S. § 20-2802 — Arizona Code / Title 20 / Chapter 17 / Article 1 / Section 2802
20-2802 Scope of chapter
Status: in_force

20-2802. Scope of chapter

A. This chapter does not apply to:

1. A provider employed by or under contract with the enrollee's health care services plan.

2. A health care services plan administered under title 36.

3. A health care services plan that only covers health care expenses incurred by an enrollee who is subsequently admitted to a licensed hospital as part of the treatment.

B. This chapter does not create any private right or cause of action for or on behalf of any enrollee, provider or other person, whether a resident or nonresident of this state. This chapter provides solely an administrative remedy to the director for any violation of this chapter or any related rule.
A.R.S. § 20-583 — Arizona Code / Title 20 / Chapter 3 / Article 3 / Section 583
20-583 Assets eligible for deposit
Status: in_force

20-583. Assets eligible for deposit

A. All deposits required for authority to transact insurance in this state shall consist of cash or any combination of the securities described in the following sections: section 20-537, section 20-538 and section 20-551, subsection A. The deposits by domestic stock life and disability insurers only or either of assets described in section 20-538 shall be limited to bonds and other evidences of indebtedness of this state or any of the counties or incorporated cities, towns or duly organized school districts within this state, and the deposits of assets described in section 20-551, subsection A shall be limited to banks or trust companies, credit unions and savings and loan associations which are domiciled in this state, but such limitations shall not apply to that part of those deposits which are in excess of the minimum amount necessary to transact insurance in this state.

B. All such deposits required pursuant to the laws of another state, province or country, or pursuant to the retaliatory provision set forth in section 20-230, shall consist of such assets as are required or permitted by such laws or as required pursuant to the retaliatory provision.
A.R.S. § 20-761 — Arizona Code / Title 20 / Chapter 4 / Article 2 / Section 761
20-761 "Reciprocal" insurance defined
Status: in_force

20-761. "Reciprocal" insurance defined

"Reciprocal" insurance is that resulting from an inter-exchange among persons, known as "subscribers," of reciprocal agreements of indemnity, the inter-exchange being effectuated through an "attorney-in-fact" common to all such persons.
A.R.S. § 20-384 — Arizona Code / Title 20 / Chapter 2 / Article 4.1 / Section 384
20-384 Rating criteria
Status: in_force

20-384. Rating criteria

A. In setting rates, an insurer shall apply the criteria prescribed in this section.

B. An insurer shall give due consideration to past and prospective loss and expense experience within and outside this state, to catastrophe hazards, to a reasonable margin for underwriting profit and contingencies, to investment income from unearned premium and loss reserves, to trends within and outside this state, to reasonable dividends or savings to be allowed or returned by insurers to their policyholders, members or subscribers and to all other factors, including judgment factors.

C. Risks may be classified in any reasonable way for the establishment of rates and minimum premiums. Classifications shall not be based on race, color, creed or national origin. Rates produced may be modified for individual risks in accordance with rating plans or schedules that establish reasonable standards for measuring probable variations in hazards or expenses, or both.

D. The expense provisions included in the rates to be used by an insurer may reflect the operating methods of the insurer and its own expense experience.

E. Rates and supplementary rate information established pursuant to this article shall not be based on or include loss and expense experience attributable to insurance coverage issued to an industrial insured pursuant to section 20-400.10.
A.R.S. § 20-1345 — Arizona Code / Title 20 / Chapter 6 / Article 4 / Section 1345
20-1345 Policy and attachments as entire contract; changes in policy
Status: in_force

20-1345. Policy and attachments as entire contract; changes in policy

There shall be a provision as follows: "Entire contract; changes: This policy, including the endorsements and the attached papers, if any, constitutes the entire contract of insurance.  No change in this policy shall be valid until approved by an executive officer of the insurer and unless such approval be endorsed hereon or attached hereto.  No agent has authority to change this policy or to waive any of its provisions."
A.R.S. § 20-1724 — Arizona Code / Title 20 / Chapter 7 / Article 2 / Section 1724
20-1724 Sale of professional liability insurance coverage for licensed health care providers by insurers other than by health care insurance companies; requirements; exemptions
Status: in_force

20-1724. Sale of professional liability insurance coverage for licensed health care providers by insurers other than by health care insurance companies; requirements; exemptions

A. Notwithstanding any other provision of this title, after the effective date of this act and until October 1, 1980, any authorized insurer or surplus line broker offering or proposing to offer professional liability insurance to any type of health care provider, other than health care institutions, shall make such coverage available to every health care provider within every underwriting or rating classification of such type of health care provider. In offering such coverage the rates and scope of coverage for any such health care provider shall be subject to the provisions of paragraphs 2, 3 and 4 of subsection B of section 20-1721.

B. Any authorized insurer or surplus line broker providing professional liability insurance to licensed health care providers other than health care institutions on the effective date of this section shall not be subject to the provisions of subsection A if such insurer continues to make professional liability insurance available to all such insureds on the same basis offered on the effective date of this section, except that such insurer may reduce coverage to primary coverage limits set forth in section 20-1701, paragraph 11 and may adjust rates for coverage in accordance with title 20, chapter 2, article 4, and if such insurer does not offer coverage to any such health care provider not insured by such insurer on the effective date of this section.
A.R.S. § 20-481.24 — Arizona Code / Title 20 / Chapter 2 / Article 8 / Section 481.24
20-481.24 Adequacy of surplus
Status: in_force

20-481.24. Adequacy of surplus

For purposes of this article, in determining whether an insurer's surplus as regards policyholders is reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs, the following factors shall be considered:

1. The size of the insurer as measured by its assets, capital and surplus, reserves, premium writings, insurance in force and other appropriate criteria.

2. The extent to which the insurer's business is diversified among the several lines of insurance.

3. The number and size of risks insured in each line of business.

4. The extent of the geographical dispersion of the insurer's insured risks.

5. The nature and extent of the insurer's reinsurance program.

6. The quality, diversification and liquidity of the insurer's investment portfolio.

7. The recent past and projected future trend in the size of the insurer's investment portfolio.

8. The surplus as regards policyholders maintained by other comparable insurers.

9. The adequacy of the insurer's reserves.

10. The quality and liquidity of investments in affiliates. If in the judgment of the director the investment warrants it, the director may treat any such investment as a disallowed asset for purposes of determining the adequacy of surplus as regards policyholders.
A.R.S. § 20-695 — Arizona Code / Title 20 / Chapter 3 / Article 7 / Section 695
20-695 Statute of limitations
Status: in_force

20-695. Statute of limitations

With respect to the handling of claims pursuant to section 20-687 the board may by resolution provide that claims not filed within four months from the date of notice to creditors shall be barred.
A.R.S. § 20-791 — Arizona Code / Title 20 / Chapter 4 / Article 2 / Section 791
20-791 Impaired reciprocal insurers
Status: in_force

20-791. Impaired reciprocal insurers

A. If the assets of a reciprocal insurer are at any time insufficient to discharge its liabilities, other than any liability on account of funds contributed by the attorney or others, and to maintain the required surplus, its attorney shall forthwith make up the deficiency or levy an assessment upon the subscribers for the amount needed to make up the deficiency, but subject to the limitation set forth in the power of attorney or policy.

B. If the attorney fails to make up the deficiency or to make the assessment within thirty days after the director orders him to do so, or if the deficiency is not fully made up within sixty days after the date the assessment was made, the insurer shall be deemed insolvent and shall be proceeded against as authorized by this title.

C. If liquidation of such an insurer is ordered, an assessment shall be levied upon the subscribers for such an amount, subject to limits as provided by this article, as the director determines to be necessary to discharge all liabilities of the insurer, exclusive of any funds contributed by the attorney or other persons, but including the reasonable cost of the liquidation.
A.R.S. § 20-444 — Arizona Code / Title 20 / Chapter 2 / Article 6 / Section 444
20-444 False or deceptive advertising of insurance or status as insurer
Status: in_force

20-444. False or deceptive advertising of insurance or status as insurer

A. No person shall make, publish, disseminate, circulate or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated or placed before the public, in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio or television station, or in any other way, any advertisement, announcement, sales material or statement containing any assertion, representation or statement with respect to the business of insurance or with respect to any person in the conduct of his insurance business, which is untrue, deceptive or misleading.

B. No person that is not an insurer shall assume or use any name which deceptively infers or suggests that it is an insurer.
A.R.S. § 20-1404.04 — Arizona Code / Title 20 / Chapter 6 / Article 5 / Section 1404.04
20-1404.04 Contracts; dentists; covered services; definition
Status: in_force

20-1404.04. Contracts; dentists; covered services; definition

A. A contract, entered into or renewed on or after January 1, 2011, between a blanket disability insurer and a dentist who is licensed to practice in this state shall not require the dentist to provide services to an individual covered under a blanket disability policy based on a fee set by the blanket disability insurer unless the services for which the fee applies is a covered service under the individual's blanket disability policy.

B. This section does not restrict the ability of a blanket disability insurer to establish dental benefits for services offered by plans that are administered but not insured by the blanket disability insurer.

C. For the purposes of this section, "covered service" means a service for which any reimbursement is available under a blanket disability policy without regard to contractual limitations by a deductible, copayment, coinsurance, waiting period, annual or lifetime maximum, frequency limitation, alternative benefit payment, exclusion or other limitation.
A.R.S. § 20-841.13 — Arizona Code / Title 20 / Chapter 4 / Article 3 / Section 841.13
20-841.13 Biomarker testing; coverage; definitions
Status: in_force

20-841.13. Biomarker testing; coverage; definitions

A. A hospital service corporation or medical service corporation that issues, amends, delivers or renews a subscription contract on or after January 1, 2023 shall provide coverage for biomarker testing.

B. A subscription contract shall cover biomarker testing for the purposes of diagnosis, treatment, appropriate management or ongoing monitoring of a subscriber's disease or condition to guide treatment decisions when the test provides clinical utility as demonstrated by medical and scientific evidence, including any of the following:

1. Labeled indications for tests that are approved or cleared by the United States food and drug administration or indicated tests for a drug that is approved by the United States food and drug administration.

2. Centers for medicare and medicaid services national coverage determinations or medicare administrative contractor local coverage determinations.

3. Nationally recognized clinical practice guidelines and consensus statements.

C. A hospital service corporation or medical service corporation must ensure that coverage is provided in a manner that limits disruptions in care, including the need for multiple biopsies or biospecimen samples.

D. The subscriber and prescribing practitioner must have access to a clear, readily accessible and convenient process to request an exception to a coverage policy of a hospital service corporation or medical service corporation.  The process shall be readily accessible on the hospital service corporation's or medical service corporation's website. This subsection does not require a separate process if the hospital service corporation's or medical service corporation's existing process complies with this subsection.

E. For the purposes of this section:

1. "Biomarker":

(a) Means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes or pharmacologic responses to a specific therapeutic intervention.

(b) Includes gene mutations or protein expression.

2. "Biomarker testing":

(a) Means the analysis of a patient's tissue, blood or other biospecimen for the presence of a biomarker.

(b) Includes single-analyte tests, multiplex panel tests and whole genome sequencing.

3. "Clinical utility" means the test result provides information that is used in the formulation of a treatment or monitoring strategy that informs a patient’s outcome and impacts the clinical decision. The most appropriate test may include both information that is actionable and some information that cannot be immediately used in the formulation of a clinical decision.

4. "Consensus statements" means statements that:

(a) Are developed by an independent, multidisciplinary panel of experts using a transparent methodology and reporting structure that includes a conflict of interest policy.

(b) Are based on the best available evidence for the purpose of optimizing clinical care outcomes.

(c) Are aimed at specific clinical circumstances.

5. "Nationally recognized clinical practice guidelines" means evidence-based clinical practice guidelines that both:

(a) Are developed by independent organizations or medical professional societies using a transparent methodology and reporting structure and a conflict of interest policy.

(b) Establish standards of care that are informed by a systematic review of evidence and an assessment of the benefits and costs of alternative care options that includes recommendations intended to optimize patient care.
A.R.S. § 20-222 — Arizona Code / Title 20 / Chapter 2 / Article 1 / Section 222
20-222 Service of process; time to answer
Status: in_force

20-222. Service of process; time to answer

A. Duplicate copies of legal process against an insurer for whom the director is attorney shall be served upon him. At the time of service the plaintiff shall pay to the director five dollars, taxable as costs in the action. Upon receiving such service the director shall promptly forward a copy thereof by registered mail to the person last so designated by the insurer to receive process.

B. Where process is served upon the director as an insurer's attorney, no further proceedings shall be had against the insurer, and the insurer shall not be required to appear, answer or plead until expiration of forty days after date of such service upon the director.

C. Process served upon the director and copy thereof forwarded as in this section provided shall constitute service thereof upon the insurer.
A.R.S. § 20-696.03 — Arizona Code / Title 20 / Chapter 3 / Article 8 / Section 696.03
20-696.03 Statement of actuarial opinion based on an asset adequacy analysis
Status: in_force

20-696.03. Statement of actuarial opinion based on an asset adequacy analysis

A. The statement of actuarial opinion submitted pursuant to this section consists of:

1. A paragraph identifying the appointed actuary and the actuary's qualifications pursuant to section 20-696.02, subsection B.

2. A scope paragraph that identifies the subjects on which an opinion is to be expressed, that describes the scope of the appointed actuary's work, including a table of reserves and related actuarial items that have been analyzed for asset adequacy and the method of analysis, and that identifies the reserves and related actuarial items covered by the opinion that have not been analyzed for asset adequacy.

3. A reliance paragraph that describes those areas, if any, in which the appointed actuary who issues the opinion pursuant to this section has deferred to other experts to develop data, procedures or assumptions and that is supported by a statement of each expert in the form prescribed by the director.

4. An opinion paragraph expressing the appointed actuary's opinion with respect to the adequacy of the supporting assets to mature the liabilities.

5. One or more additional paragraphs as required in individual company cases as follows:

(a) The appointed actuary considers it necessary to state a qualification of the appointed actuary's opinion.

(b) The appointed actuary must disclose an inconsistency in the method of analysis or basis of asset allocation used at the prior opinion date with that used for this opinion.

(c) The appointed actuary must disclose whether additional reserves as of the prior opinion date are released as of this opinion date and the extent of the release.

(d) The appointed actuary chooses to add a paragraph briefly describing the assumptions that form the basis for the actuarial opinion.

B. If the appointed actuary is unable to form an opinion, the appointed actuary shall refuse to issue a statement of actuarial opinion. If the appointed actuary’s opinion is adverse or qualified, the appointed actuary shall issue an adverse or qualified actuarial opinion explicitly stating the reasons for the opinion.

C. If the appointed actuary relies on the certification of others on matters concerning the accuracy or completeness of any data underlying the actuarial opinion or the appropriateness of any other information used by the appointed actuary in forming the actuarial opinion, the actuarial opinion should indicate the persons the actuary is relying on and a precise identification of the items that are subject to reliance.  In addition, the persons on whom the appointed actuary relies shall provide a certification that precisely identifies the items on which the person is providing information and a statement as to the accuracy, completeness or reasonableness, as applicable, of the items.  This certification shall include the signature, title, company, address and telephone number of the person who is rendering the certification and the date on which it is signed.
A.R.S. § 20-1108 — Arizona Code / Title 20 / Chapter 5 / Article 1 / Section 1108
20-1108 Admissibility of application as evidence
Status: in_force

20-1108. Admissibility of application as evidence

A. An application for the issuance of any life or disability insurance policy or contract is not admissible in evidence in any action relative to such policy or contract, unless a true copy of the application was attached to or otherwise made a part of the policy when issued and delivered. This subsection does not apply to industrial life insurance policies.

B. If any policy of life or disability insurance delivered in this state is reinstated or renewed, and the insured or the beneficiary or assignee of the policy makes written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer, within thirty days after receipt of the request at its home office or at any of its branch offices, shall deliver or send to the person making the request a copy of the application. If the copy is not delivered or sent after having been requested, the insurer is precluded from introducing the application in evidence in any action or proceeding based on or involving the policy or its reinstatement or renewal.

C. As to kinds of insurance other than life insurance, an application for insurance signed by or on behalf of the insured is not admissible in evidence in any action between the insured and the insurer arising out of the policy so applied for, if the insurer has failed, at the expiration of thirty days after receipt by the insurer of written demand therefor by or on behalf of the insured, to furnish to the insured a copy of the application reproduced by any legible means.
A.R.S. § 20-3214 — Arizona Code / Title 20 / Chapter 22 / Article 1 / Section 3214
20-3214 Injunctions; civil remedies; cease and desist
Status: in_force

20-3214. Injunctions; civil remedies; cease and desist

A. In addition to the penalties and other enforcement provisions of this chapter, if any person violates any provision of this chapter or any rule adopted pursuant to this chapter, the director may seek an injunction in a court of competent jurisdiction in the county where the person resides or has a principal place of business and may apply for temporary and permanent orders that the director determines are necessary to restrain the person from further committing the violation.

B. Any person who is damaged by the acts of another person in violation of this chapter or any rule adopted pursuant to this chapter may bring a civil action for damages against the person committing the violation in a court of competent jurisdiction.

C. The director may issue a cease and desist order pursuant to section 20-456 upon a person who violates any provision of this chapter, any rule or order adopted by the director or any written agreement entered into with the director.

D. If the director finds that an action presents an immediate danger to the public and requires an immediate final order, the director may issue an emergency cease and desist order reciting with particularity the facts underlying the findings.  The emergency cease and desist order is effective immediately upon service of a copy of the order on the respondent and remains effective for ninety days.  If the department begins nonemergency cease and desist proceedings under subsection C of this section, the emergency cease and desist order remains effective, absent an order by a court of competent jurisdiction. In addition to actual damages, if the violation of this chapter was willful, the trial court may award statutory damages in an amount up to three times the actual damages awarded.  The provisions of this chapter may not be waived by agreement.  No choice of law provision may be used to prevent the application of this chapter to any settlement in which a party to the settlement is a resident of this state.
A.R.S. § 20-1694 — Arizona Code / Title 20 / Chapter 6 / Article 18 / Section 1694
20-1694 Definitions
Status: in_force

20-1694. Definitions

In this article, unless the context otherwise requires:

1. "Certificate holder" means the individual insured group member.

2. "Conditional renewal" means a renewal that is conditioned on change of limits, change in type of coverage, reduction or elimination of coverage, increased deductibles or addition of exclusions or increased premiums in excess of ten percent, except for premium increases that are generated as a result of increased exposure units or as a result of experience rating, loss rating, retrospective rating or audit.

3. "Group policyholder" means those groups described in section 20-1694.01, subsection C to which an identity theft group insurance policy may be issued.

4. "Identity theft group insurance" means a form of identity theft insurance covering groups of persons as prescribed in this article.

5. "Identity theft insurance" means insurance against losses and expenses resulting from a stolen identity event.

6. "Stolen identity event" includes the theft, accidental release, publication or misappropriation of information related to an individual's personal identification or social security number or other method of identifying the individual that results in or could reasonably result in the wrongful use of the information.
A.R.S. § 20-546 — Arizona Code / Title 20 / Chapter 3 / Article 2 / Section 546
20-546 Common stocks
Status: in_force

20-546. Common stocks

An insurer may invest in nonassessable, except for taxes or wages, common stocks or shares of any solvent institution, created or existing under the laws of the United States or of any state, district or territory of the United States.
A.R.S. § 20-644 — Arizona Code / Title 20 / Chapter 3 / Article 4 / Section 644
20-644 Publication and service of assessment order
Status: in_force

20-644. Publication and service of assessment order

The receiver shall cause a notice of the assessment order, setting forth a brief summary of the contents of the order, to be published in such manner as shall be directed by the court, and enclosed in a sealed envelope, addressed and mailed postage prepaid, to each member or subscriber liable thereunder at his last known address as it appears on the records of the insurer, at least twenty days before the return day of the order to show cause provided for in section 20-643.
A.R.S. § 20-668 — Arizona Code / Title 20 / Chapter 3 / Article 6 / Section 668
20-668 Powers and duties of the director
Status: in_force

20-668. Powers and duties of the director

A. The director shall:

1. Report to the board when the director has reasonable cause to believe that any member insurer examined or being examined at the request of the board may be insolvent or in a financial condition hazardous to the policyholders or to the public.

2. Notify the board of the existence of an insolvent insurer not later than three working days after the director receives notice of such insolvency.

3. Upon request of the board, provide the fund with a statement of the net direct written premiums of each member insurer.

4. Immediately make available to the fund for the purpose of making payment upon all covered claims such assets of the insolvent insurer which are not required for payment of any claim accorded a higher priority pursuant to section 20-629.

B. The director may:

1. Require that the fund notify the insureds of the insolvent insurer and any other interested parties of the determination of insolvency and of their rights pursuant to this article. Such notification shall be by mail at their last known address, where available. If sufficient information for notification by mail is not available, notice shall be by publication in a newspaper of general circulation.

2. Suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the director may assess a civil penalty on any member insurer which fails to pay an assessment when due. The penalty shall not exceed five per cent of the unpaid assessment per month. No penalty shall be less than one hundred dollars per month, which amount shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

3. Revoke the designation of any servicing facility if the director finds claims are being handled unsatisfactorily.

C. Any final action or order of the director pursuant to this article shall be subject to review pursuant to chapter 1, article 2 of this title.
A.R.S. § 20-321 — Arizona Code / Title 20 / Chapter 2 / Article 3.2 / Section 321
20-321 Definitions
Status: in_force

20-321. Definitions

In this article, unless the context otherwise requires:

1. "Adjuster":

(a) Means any person who for compensation, fee or commission either:

(i) Adjusts, investigates or negotiates settlement of claims arising under property and casualty insurance contracts on behalf of either the insurer or the insured.

(ii) Holds oneself out to perform a service listed in item (i) of this subdivision.

(b) Does not include:

(i) A licensed attorney-at-law who is qualified to practice law in this state.

(ii) A salaried employee of an insurer or of a managing general agent.  For the purposes of this item, "salaried employee" means an employee whose compensation is not contingent on the outcome of a claim determination.

(iii) A licensed insurance producer who adjusts or assists in adjustment of losses arising under policies procured through the insurance producer.

(iv) An employee of a political subdivision who adjusts or assists in the adjustment of losses arising under policies covering the political subdivision or persons indemnified by the political subdivision.

(v) An independent contractor retained by a licensed adjuster or a person listed in items (i), (ii), (iii) and (iv) of this subdivision for the sole purpose of providing technical assistance in connection with a claim. Independent contractors may include photographers, estimators, engineers, private detectives or handwriting experts.

(vi) An individual who collects claim information from or furnishes claim information to insureds or claimants and who conducts data entry, including entering data into an automated claims adjudication system, if not more than twenty-five persons, as described in this item, are under the supervision of a single licensed adjuster or licensed producer.

(vii) A licensed insurance producer who supervises or adjusts claims pursuant to item (vi) of this subdivision.

(viii) Registered third-party administrators and their employees who are engaged in administering accident and health or life insurance claims.

(ix) An individual who adjusts, investigates or negotiates settlement of only workers' compensation claims.

2. "Automated claims adjudication system" means a preprogrammed computer system that is designed for the collection, data entry, calculation and final resolution of portable consumer electronic products insurance claims and that:

(a) May be used only by a licensed adjuster, a licensed producer or supervised individuals operating pursuant to this paragraph.

(b) Must comply with all claims payment requirements under this title and be certified as compliant by a licensed adjuster.

3. "Portable consumer electronic products" means electronic devices and related accessories that are portable in nature.
A.R.S. § 20-1277 — Arizona Code / Title 20 / Chapter 6 / Article 2 / Section 1277
20-1277 Assignability of group life insurance
Status: in_force

20-1277. Assignability of group life insurance

Nothing in this title or in any other title shall be construed to prohibit any person insured under a group life insurance policy from making an assignment of all or any part of his incidents of ownership under such policy including but not limited to the privilege to have issued to him an individual policy of life insurance pursuant and subject to the provisions of sections 20-1266 through 20-1269, inclusive, and the right to name a beneficiary. Subject to the terms of the policy or agreement between the insured, the group policyholder and the insurer relating to assignment of incidents of ownership thereunder, such an assignment by an insured, made either before or after the effective date of this act, is valid for the purpose of vesting in the assignee, in accordance with any provisions included therein as to the time at which it is to be effective, all of such incidents of ownership so assigned, but without prejudice to the insurer on account of any payment it may make or individual policy it may issue in accordance with sections 20-1266 through 20-1269, inclusive, prior to receipt of notice of the assignment.
A.R.S. § 20-3155 — Arizona Code / Title 20 / Chapter 21 / Article 1 / Section 3155
20-3155 Notice of intent to file suit
Status: in_force

20-3155. Notice of intent to file suit

A. Before an enrollee files an action pursuant to section 20-3153, the enrollee shall either:

1. Complete the health care appeals process prescribed in chapter 15, article 2 of this title.

2. Provide written notice to the health care insurer at least thirty days before filing suit stating the enrollee's intention to file suit and setting forth the basis for the suit.

B. If the enrollee provides notice pursuant to subsection A, paragraph 2 of this section, the enrollee shall deliver the notice to the health care insurer in compliance with the terms specified for delivery of written notices prescribed in the policy, contract or evidence of coverage.  If the policy, contract or evidence of coverage does not specify the terms for delivery of written notices, the enrollee may provide notice to the last representative of the health care insurer who corresponded in writing with the enrollee.

C. Participation in the health care appeals process prescribed in chapter 15, article 2 of this title does not prohibit or limit the enrollee from filing suit at the conclusion of the appeals process.
A.R.S. § 20-1621.09 — Arizona Code / Title 20 / Chapter 6 / Article 10.1 / Section 1621.09
20-1621.09 Cease and desist order; hearing
Status: in_force

20-1621.09. Cease and desist order; hearing

On finding that a person has violated this article or a rule adopted pursuant to this article, the director may issue an order directing that the person cease and desist from committing the violation.  On the issuance of an order to cease and desist, the person may request a hearing pursuant to section 20-161 and title 41, chapter 6, article 10.
A.R.S. § 20-696 — Arizona Code / Title 20 / Chapter 3 / Article 8 / Section 696
20-696 Scope of article
Status: in_force

20-696. Scope of article

A. This article applies to all life insurance companies and fraternal benefit societies that are doing business in this state or that are authorized to reinsure life insurance, annuities or accident and health insurance business in this state.

B. This article applies to all annual statements that are filed with the director after the effective date of this article.  All insurers shall file the following with the director each year:

1. A statement of opinion on the adequacy of the reserves and related actuarial items based on an asset adequacy analysis that is conducted pursuant to section 20-696.03.

2. A memorandum in support of the opinion pursuant to section 20-696.04.

C. If a foreign company is required to submit a statement of actuarial opinion, the director may accept the statement of actuarial opinion that is filed by the company with the insurance supervisory regulator of another state if the director determines that the opinion reasonably meets the requirements applicable to a company domiciled in this state.

D. The director, by order, may adopt methods of actuarial analysis and actuarial assumptions that are necessary for an acceptable opinion and memorandum consistent with this article.
A.R.S. § 20-826.04 — Arizona Code / Title 20 / Chapter 4 / Article 3 / Section 826.04
20-826.04 Subscription contracts; autism spectrum disorder; coverage; exceptions; definitions
Status: in_force

20-826.04. Subscription contracts; autism spectrum disorder; coverage; exceptions; definitions

A. A hospital service corporation or medical service corporation shall not:

1. Exclude or deny coverage for a treatment or impose dollar limits, deductibles and coinsurance provisions based solely on the diagnosis of autism spectrum disorder. For the purposes of this paragraph, "treatment" includes diagnosis, assessment and services.

2. Exclude or deny coverage for medically necessary behavioral therapy services. To be eligible for coverage, behavioral therapy services shall be provided or supervised by a licensed or certified provider.

B. This section does not:

1. Apply to a subscription contract that is issued to an individual or a small employer.

2. Apply to limited benefit coverage as defined in section 20-1137.

3. Require coverage for services provided outside of this state.

C. The coverage required by this section is subject to all the terms and conditions of the subscription contract.  This section does not prevent a corporation from imposing deductibles, coinsurance or other cost sharing in relation to the coverage required by this section.

D. For the purposes of this section:

1. "Autism spectrum disorder" means a pervasive, developmental disorder that meets the criteria for autism spectrum disorder as defined in the most recent edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association.

2. "Behavioral therapy" means interactive therapies derived from evidence based research, including applied behavior analysis, which includes discrete trial training, pivotal response training, intensive intervention programs and early intensive behavioral intervention.

3. "Small employer" has the same meaning prescribed in section 20-2301.
A.R.S. § 20-826.05 — Arizona Code / Title 20 / Chapter 4 / Article 3 / Section 826.05
20-826.05 Organ harvesting; insurance coverage limitations
Status: in_force

20-826.05. Organ harvesting; insurance coverage limitations

A. A subscription contract may limit coverage to a subscriber for a human organ transplant or posttransplant care if either of the following applies:

1. The transplant operation is performed in the People's Republic of China or the Hong Kong special administrative region.

2. The human organ to be transplanted was procured by a sale or donation originating in the People's Republic of China or the Hong Kong special administrative region.

B. This section does not:

1. Require coverage for human organ transplants.

2. Limit a hospital service corporation or medical service corporation from denying coverage for any valid reason.
A.R.S. § 20-1006.01 — Arizona Code / Title 20 / Chapter 4 / Article 7 / Section 1006.01
20-1006.01 Risk-based capital requirements; minimum capital and surplus
Status: in_force

20-1006.01. Risk-based capital requirements; minimum capital and surplus

A. A prepaid dental plan organization shall comply with chapter 2, article 12 of this title.

B. A prepaid dental plan organization that is exempt from the risk-based capital requirements prescribed in section 20-488.08 shall maintain unimpaired capital or surplus, or both, in an amount of at least twenty-five thousand dollars.
A.R.S. § 20-2202 — Arizona Code / Title 20 / Chapter 12 / Article 1 / Section 2202
20-2202 Joint underwriting association; establishment
Status: in_force

20-2202. Joint underwriting association; establishment

A. A joint underwriting association is established in the department of insurance and financial institutions consisting of insurers authorized to write and engaged in writing in this state on a direct basis liability insurance, including the liability portion of multiperil policies, but not including ocean marine insurance. Every such insurer shall be a member of the association and shall remain a member as a condition of its authority to continue to transact insurance in this state.

B. If after a hearing conducted pursuant to section 20-2201, the director determines that a voluntary plan would fail to provide coverage, the association shall provide liability insurance coverages for a designated class or classes of risks on a primary basis in this state.  The association shall not be required to provide coverage available through an assigned risk plan or coverages for pollution liability, hazardous waste liability or workers' compensation. The association may operate only on a finding by the director after a public hearing pursuant to section 20-161 that liability insurance is substantially unavailable through private insurers for a particular line.

C. If the director determines, on application of any interested party and after a public hearing, that liability insurance for a particular line is no longer substantially unavailable through private insurers, the association shall cease its underwriting operations.

D. This chapter does not prohibit an insurer from issuing or renewing a policy of liability insurance in this state. However, on a determination by the director, after a public hearing pursuant to section 20-161, that substantial adverse selection has, or will likely, result, the director may issue an order to insurers that no original policies shall thereafter be issued or that renewal policies shall be issued only if the insurer will offer the insurance to a representative sample of rating classifications, or both.
A.R.S. § 20-1216 — Arizona Code / Title 20 / Chapter 6 / Article 1 / Section 1216
20-1216 Policy title
Status: in_force

20-1216. Policy title

There shall be a title on the face and on the back of the policy, briefly describing the policy.
A.R.S. § 20-466.03 — Arizona Code / Title 20 / Chapter 2 / Article 6 / Section 466.03
20-466.03 Notice of penalty for false or fraudulent claims; definition
Status: in_force

20-466.03. Notice of penalty for false or fraudulent claims; definition

A. The claims forms provided by an insurer to an insured or any other person for filing a notice or making a claim in connection with a policy or contract issued by the insurer shall include in substance the following statement in at least twelve point type: "For your protection Arizona law requires the following statement to appear on this form. Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties."

B. For the purposes of this section, "claims form" means any document supplied by an insurer to an insured, claimant or other person that the insured, claimant or other person is required to complete and submit in support of a claim for benefits.
A.R.S. § 20-2325 — Arizona Code / Title 20 / Chapter 13 / Article 1 / Section 2325
20-2325 Diabetes; equipment; supplies
Status: in_force

20-2325. Diabetes; equipment; supplies

A. Any health benefits plan that is offered by an accountable health plan and that provides coverage for diabetes shall also provide coverage for equipment and supplies that are medically necessary and that are prescribed by a health care provider, including:

1. Blood glucose monitors.

2. Blood glucose monitors for the legally blind.

3. Test strips for glucose monitors and visual reading and urine testing strips.

4. Insulin preparations and glucagon.

5. Insulin cartridges.

6. Drawing up devices and monitors for the visually impaired.

7. Injection aids.

8. Insulin cartridges for the legally blind.

9. Syringes and lancets including automatic lancing devices.

10. Prescribed oral agents for controlling blood sugar that are included on the plan formulary.

11. To the extent coverage is required under medicare, podiatric appliances for prevention of complications associated with diabetes.

12. Any other device, medication, equipment or supply for which coverage is required under medicare from and after January 1, 1999. The coverage required in this paragraph is effective six months after the coverage is required under medicare.

B. Nothing in subsection A of this section:

1. Entitles a member or enrollee of an accountable health plan to equipment or supplies for the treatment of diabetes that are not medically necessary as determined by the accountable health plan's medical director or the medical director's designee.

2. Provides coverage for diabetic supplies obtained by a member or enrollee of an accountable health plan without a prescription unless otherwise permitted pursuant to the terms of the health benefits plan.

3. Prohibits an accountable health plan from imposing deductibles, coinsurance or other cost sharing in relation to benefits for equipment or supplies for the treatment of diabetes.
A.R.S. § 20-706 — Arizona Code / Title 20 / Chapter 4 / Article 1 / Section 706
20-706 Filing and publication of articles; appointment of agent to receive process; issuance of certificate
Status: in_force

20-706. Filing and publication of articles; appointment of agent to receive process; issuance of certificate

A. The articles of incorporation shall be filed in the office of the corporation commission and certified copies of the articles of incorporation shall be filed with the director of the department of insurance and financial institutions.

B. The articles of incorporation shall be published as required by title 10.

C. The corporation shall appoint a statutory agent located in this state on whom all process in any action or proceeding may be served and shall file originals of the appointment in the director's office and in the corporation commission's office. Any termination of the statutory agent shall not take effect until the corporation has appointed a new, valid statutory agent.

D. The corporation shall not transact business as an insurer until it has applied for and received from the director a certificate of authority as provided by this title.
A.R.S. § 20-789 — Arizona Code / Title 20 / Chapter 4 / Article 2 / Section 789
20-789 Subscriber's share in assets
Status: in_force

20-789. Subscriber's share in assets

Upon the liquidation of a domestic reciprocal insurer, its assets remaining after discharge of its indebtedness and policy obligations, the return of any contributions of the attorney or other persons to its surplus made as provided in section 20-778, and the return of any unused premium, savings or credits then standing on subscribers' accounts, shall be distributed to its subscribers who were such within the twelve months prior to the last termination of its certificate of authority, according to such reasonable formula as the director may approve.
A.R.S. § 20-3555 — Arizona Code / Title 20 / Chapter 29 / Article 1 / Section 3555
20-3555 Travel protection plans
Status: in_force

20-3555. Travel protection plans

Travel protection plans may be offered for one price for the combined features that the travel protection plan offers in this state if both:

1. The travel protection plan clearly discloses to the consumer, at or before the time of purchase, that it includes travel insurance, travel assistance services and cancellation fee waivers, as applicable, and provides information and an opportunity, at or before the time of purchase, for the consumer to obtain additional information regarding the features and pricing of each.

2. The fulfillment materials both:

(a) Describe and delineate the travel insurance, travel assistance services and cancellation fee waivers in the travel protection plan.

(b) Include the travel insurance disclosures and the contact information for persons providing travel assistance services and cancellation fee waivers, as applicable.
A.R.S. § 20-1342.02 — Arizona Code / Title 20 / Chapter 6 / Article 4 / Section 1342.02
20-1342.02 Disapproval of disability policy form
Status: in_force

20-1342.02. Disapproval of disability policy form

The director may disapprove any disability policy form if the benefits provided in the policy form are unreasonable in relation to the premium charged.
A.R.S. § 20-1501 — Arizona Code / Title 20 / Chapter 6 / Article 7 / Section 1501
20-1501 Scope of article
Status: in_force

20-1501. Scope of article

This article shall not apply to vehicle, casualty, inland marine or ocean marine insurance, or reinsurance.
A.R.S. § 20-1589 — Arizona Code / Title 20 / Chapter 6 / Article 9 / Section 1589
20-1589 Violations; classification
Status: in_force

20-1589. Violations; classification

Every title insurer and every title insurance agent who knowingly pays any commission, or which makes any unlawful rebate, in violation of this article shall be guilty of a class 2 misdemeanor.