Okla. Stat. tit. 36, § 36-1435.22 — OK Code / Title 36 / Section 36-1435.22
Applicant to file bond prior to issuance of license
Status: in_force

1. Prior to issuance of a license as a surplus lines insurance

broker, the applicant shall file with the Commissioner and

thereafter, for as long as the license remains in effect, shall keep

in force a bond in an amount of not less than Five Thousand Dollars

($5,000.00) and not more than Forty Thousand Dollars ($40,000.00)

with an authorized corporate surety approved by the Commissioner.

The exact amount of the bond shall be determined pursuant to the

rules of the Commissioner and shall be based upon the actual or

reasonably estimated premium for policies issued in connection with

the services of the licensee. The surety shall notify the

Commissioner of any changes in the bond of any licensee. The

aggregate liability of the surety for any and all claims on a bond

required by the provisions of this subsection shall in no event

exceed the amount of the bond. No such bond shall be terminated

unless at least thirty (30) days' prior written notice of the

termination is given by the surety to the licensee and the

Commissioner. Upon termination of the license for which the bond

was in effect, the licensee shall notify the surety within ten (10)

working days.

2. The Commissioner may waive bonding requirements for

nonresident surplus lines insurance brokers.

3. All surety protection required by the provisions of this

section is to inure to the benefit of any party aggrieved by the

acts of a broker arising pursuant to conduct as a licensed surplus

lines insurance broker.
Okla. Stat. tit. 36, § 36-6715 — OK Code / Title 36 / Section 36-6715
Travel protection plans
Status: in_force

Oklahoma Statutes - Title 36. Insurance Page 1352

Travel protection plans may be offered for one price for the

combined features that the travel protection plan offers in this

state if:

1. The travel protection plan clearly discloses to the consumer

at, or prior to, 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

prior to, the time of purchase for the consumer to obtain additional

information regarding the features and pricing of each; and

2. The fulfillment materials:

a. describe and delineate the travel insurance, travel

assistance services and cancellation fee waivers in

the travel protection plan, and

b. include the applicable travel insurance disclosures

and the contact information for persons providing

travel assistance services and cancellation fee

waiver.
Okla. Stat. tit. 36, § 36-1640 — OK Code / Title 36 / Section 36-1640
Confidentiality of documents and other information
Status: in_force

Oklahoma Statutes - Title 36. Insurance Page 484

A. Documents, materials or other information in the possession

or control of the Insurance Department that are obtained by or

disclosed to the Commissioner or any other person in the course of

an examination or investigation made pursuant to Section 1637 of

this title and all information reported or provided to the Insurance

Department pursuant to paragraphs 12 and 13 of subsection B of

Section 1633 of this title, Section 1635 of this title, Section 1636

of this title, and Section 1639 of this title are recognized by this

state as being proprietary and containing trade secrets and shall be

confidential by law and privileged, shall not be subject to open

records, or freedom of information, shall not be subject to

subpoena, and shall not be subject to discovery or admissible in

evidence in any private civil action. However, the Commissioner is

authorized to use the documents, materials or other information in

the furtherance of any regulatory or legal action brought as a part

of the Commissioner's official duties. The Commissioner shall not

otherwise make the documents, materials or other information public

without the prior written consent of the insurer to which it

pertains unless the Commissioner, after giving the insurer and its

affiliates who would be affected thereby notice and opportunity to

be heard, determines that the interest of policyholders,

shareholders or the public will be served by the publication

thereof, in which event the Commissioner may publish all or any part

in such manner as may be deemed appropriate.

1. For purposes of the information reported and provided to the

Department of Insurance pursuant to paragraph 2 of subsection L of

Section 1635 of this title, the Commissioner shall maintain the

confidentiality of the group capital calculation and group capital

ratio produced within the calculation and any group capital

information received from an insurance holding company supervised by

the Federal Reserve Board or any United States group wide

supervisor; and

2. For purposes of the information reported and provided to the

Department of Insurance pursuant to paragraph 3 of subsection L of

Section 1635 of this title, the Commissioner shall maintain the

confidentiality of the Liquidity Stress Test results and supporting

disclosures and any Liquidity Stress Test information received from

an insurance holding company supervised by the Federal Reserve Board

and non-United-States group wide supervisors.

B. Neither the Commissioner nor any person who received

documents, materials or other information while acting under the

authority of the Commissioner or with whom such documents, materials

or other information are shared pursuant to this act shall be

permitted or required to testify in any private civil action

concerning any confidential documents, materials or information

subject to subsection A of this section.

Oklahoma Statutes - Title 36. Insurance Page 485

C. In order to assist in the performance of the Commissioner's

duties, the Commissioner:

1. May share documents, materials or other information,

including the confidential and privileged documents, materials or

information subject to subsection A of this section, including

proprietary and trade secret documents and materials, with other

state, federal and international regulatory agencies, with the

National Association of Insurance Commissioners (NAIC) and its

affiliates and subsidiaries, with any third-party consultants

designated by the Commissioner, and with state, federal and

international law enforcement authorities, including members of any

supervisory college described in Section 1638 of this title,

provided that the recipient agrees in writing to maintain the

confidentiality and privileged status of the document, material or

other information, and has verified in writing the legal authority

to maintain confidentiality;

2. Notwithstanding paragraph 1 of this subsection, may only

share confidential and privileged documents, material or information

reported pursuant to paragraph 1 of subsection L of Section 1635 of

this title with Commissioners of states having statutes or

regulations substantially similar to subsection A of this section

and who have agreed in writing not to disclose such information;

3. May receive documents, materials or information, including

otherwise confidential and privileged documents, materials or

information, including proprietary and trade-secret information,

from the NAIC and its affiliates and subsidiaries and from

regulatory and law enforcement officials of other foreign or

domestic jurisdictions, and shall maintain as confidential or

privileged any document, material or information received with

notice or the understanding that it is confidential or privileged

under the laws of the jurisdiction that is the source of the

document, material or information; and

4. Shall enter into written agreements with the NAIC and any

third-party consultant designated by the Commissioner governing

sharing and use of information provided pursuant to this act

consistent with this subsection that shall:

a. specify procedures and protocols regarding the

confidentiality and security of information shared

with the NAIC or a third-party consultant designated

by the Commissioner pursuant to this act, including

procedures and protocols for sharing by the NAIC with

other state, federal or international regulators. The

agreement shall provide that the recipient agrees in

writing to maintain the confidentiality and privileged

status of the documents, materials or other

information and has verified in writing the legal

authority to maintain such confidentiality,

Oklahoma Statutes - Title 36. Insurance Page 486

b. specify that ownership of information shared with the

NAIC or a third-party consultant pursuant to this act

remains with the Commissioner and the NAIC's or a

third-party consultant's, as designated by the

Commissioner, use of the information is subject to the

direction of the Commissioner,

c. excluding documents, material or information reported

pursuant to paragraph 3 of subsection L of Section

1635 of this title, prohibit the NAIC or third-party

consultant designated by the Commissioner from storing

the information shared pursuant to this act in a

permanent database after the underlying analysis is

completed,

d. require prompt notice to be given to an insurer whose

confidential information in the possession of the NAIC

or a third-party consultant designated by the

Commissioner pursuant to this act is subject to a

request or subpoena to the NAIC or a third-party

consultant designated by the Commissioner for

disclosure or production, and

e. require the NAIC or a third-party consultant

designated by the Commissioner to consent to

intervention by an insurer in any judicial or

administrative action in which the NAIC or a third-

party consultant designated by the Commissioner may be

required to disclose confidential information about

the insurer shared with the NAIC or a third-party

consultant designated by the Commissioner pursuant to

this act.

f. for documents, material or information reported

pursuant to paragraph 3 of subsection L of Section

1635 of this title, in the case of an agreement

involving a third-party consultant, provide for

notification of the identity of the consultant to the

applicable insurers.

D. The sharing of information by the Commissioner pursuant to

this act shall not constitute a delegation of regulatory authority

or rulemaking, and the Commissioner is solely responsible for the

administration, execution and enforcement of the provisions of this

act.

E. No waiver of any applicable privilege or claim of

confidentiality in the documents, materials or information shall

occur as a result of disclosure to the Commissioner under this

section or as a result of sharing as authorized in subsection C of

this section.

F. Documents, materials or other information in the possession

or control of the NAIC or a third-party consultant designated by the

Oklahoma Statutes - Title 36. Insurance Page 487

Commissioner pursuant to this act shall be confidential by law and

privileged, shall not be subject to open records or freedom of

information, shall not be subject to subpoena, and shall not be

subject to discovery or admissible in evidence in any private civil

action.

G. The group capital calculation and resulting group capital

ratio required under paragraph 2 of subsection L of Section 1635 of

this title and the Liquidity Stress Test along with its results and

supporting disclosures required under paragraph 3 of subsection L of

Section 1635 of this title are regulatory tools for assessing group

risks and capital adequacy and group liquidity risks, respectively,

and are not intended as a means to rank insurers or insurance

holding company systems generally. Therefore, except as otherwise

may be required under the provisions of this title, the making,

publishing, disseminating, circulating or placing before the public,

or causing 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 any electronic means of communication available to the public, or

in any other way as an advertisement, announcement or statement

containing a representation or statement with regard to the group

capital calculation, group capital ratio, the Liquidity Stress Test

results, or supporting disclosures for the Liquidity Stress Test of

any insurer or any insurer group, or of any component derived in the

calculation by an insurer, broker, or other person engaged in any

manner in the insurance business would be misleading and is

therefore prohibited; provided however, that if any materially false

statement with respect to the group capital calculation, resulting

group capital ratio, an inappropriate comparison of any amount to an

insurer's or insurance group's group capital calculation or

resulting group capital ratio, Liquidity Stress Test result,

supporting disclosures for the Liquidity Stress Test, or an

inappropriate comparison of any amount to an insurer's or insurance

group's Liquidity Stress Test result or supporting disclosures is

published in any written publication and the insurer is able to

demonstrate to the Commissioner with substantial proof the falsity

of such statement or the inappropriateness, as the case may be, then

the insurer may publish announcements in a written publication if

the sole purpose of the announcement is to rebut the materially

false statement.
Okla. Stat. tit. 36, § 36-4055.6 — OK Code / Title 36 / Section 36-4055.6
Annual statement - Disclosure of insured's identity or
Status: in_force

information.

A. Each viatical settlement provider shall file with the

Insurance Commissioner on or before March 1 of each year an annual

statement containing information as the Commissioner may prescribe

by regulation. In addition to any other requirements, for any

policy settled within five (5) years of the date of issuance of the

policy, the annual statement shall specify the total number,

aggregate face amount and life settlement proceeds of policies

settled during the immediately preceding calendar year, together

with a breakdown of the information by policy-issue year. The

information shall be limited to only those transactions where the

viator is a resident of this state. Individual transaction data

regarding the business of viatical settlements or data that could

compromise the privacy of personal, financial and health information

of the viator or insured shall be filed with the Commissioner on a

confidential basis.

B. Except as otherwise allowed or required by law, a viatical

settlement provider, viatical settlement broker, insurance company,

insurance producer, information bureau, rating agency or company, or

any other person with actual knowledge of an insured’s identity,

shall not disclose that identity as an insured, or the insured’s

financial or medical information to any other person unless the

disclosure:

1. Is necessary to effect a viatical settlement between the

viator and a viatical settlement provider and the viator and insured

have provided prior written consent to the disclosure;

2. Is provided in response to an investigation or examination

by the Commissioner or any other governmental officer or agency or

pursuant to the requirements of subsection C of Section 13 of this

act;

3. Is a term of or condition to the transfer of a policy by one

viatical settlement provider to another viatical settlement

provider;

4. Is necessary to permit a financing entity, related provider

trust or special purpose entity to finance the purchase of policies

by a viatical settlement provider and the viator and insured have

provided prior written consent to the disclosure;

Oklahoma Statutes - Title 36. Insurance Page 878

5. Is necessary to allow the viatical settlement provider or

viatical settlement broker or their authorized representatives to

make contacts for the purpose of determining health status; or

6. Is required to purchase stop loss coverage or financial

guaranty insurance.
Okla. Stat. tit. 36, § 36-6057.5 — OK Code / Title 36 / Section 36-6057.5
Surgical Patient Choice Task Force – Appointment of
Status: in_force

members – Meetings – Reimbursement of travel expenses –

Recommendations and report.

A. There is hereby created to continue until February 1, 2006,

the Surgical Patient Choice Task Force.

1. The Task Force shall consist of ten (10) members.

2. Of the ten members:

a. three shall be appointed by the Speaker of the

Oklahoma House of Representatives as follows:

(1) one shall be a representative of a health insurer

which owns or operates a statewide provider

network,

(2) one shall represent a specialty hospital, and

(3) one shall be a member of the Oklahoma House of

Representatives and shall serve as cochair,

b. three shall be appointed by the President Pro Tempore

of the State Senate as follows:

(1) one shall represent an ambulatory surgical

center,

(2) one shall represent a statewide hospital

association, and

(3) one shall be a member of the State Senate and

shall serve as cochair,

c. two shall be appointed by the Governor as follows:

(1) one shall be a representative of a full-service

community hospital located in a community with a

Oklahoma Statutes - Title 36. Insurance Page 1077

population of over three hundred thousand

(300,000), and

(2) one shall represent a hospital located in a rural

area, and

d. two shall be public sector representatives or their

designees as follows:

(1) the Commissioner of the State Department of

Health, and

(2) the Insurance Commissioner.

B. 1. Appointed members of the Task Force shall serve at the

pleasure of their appointing authority.

2. A vacancy on the Task Force shall be filled by the original

appointing authority.

3. Appointments to the Task Force shall be made by August 1,

2005.

C. 1. A majority of the members present at a meeting shall

constitute a quorum to do business.

2. The cochairs of the Task Force shall convene the first

meeting of the Task Force on or before September 1, 2005, at which

time a schedule of the meetings shall be determined.

3. The Oklahoma Insurance Department shall provide staff

support for the Task Force.

D. The Task Force may divide into subcommittees in furtherance

of its purposes.

E. Members of the Task Force shall receive no compensation but

shall be reimbursed for necessary travel expenses incurred in the

performance of their duties pursuant to the provisions of the State

Travel Reimbursement Act as follows:

1. Legislative members of the Task Force shall be reimbursed in

accordance with the provisions of Section 456 of Title 74 of the

Oklahoma Statutes; and

2. Nonlegislative members of the Task Force shall be reimbursed

by their appointing authorities.

F. The purpose of the Task Force shall be to make

recommendations to the Legislature and the Governor regarding ways

to improve patient access to rural hospitals, specialty hospitals

and ambulatory surgical centers by:

1. Studying the issue of the exclusion of hospitals including

specialty hospitals and ambulatory surgical centers from health

insurance plans when those facilities are willing to meet the terms

of a contract set forth and offered to similar providers by health

insurance companies;

2. Determining whether a need exists to expand opportunities

for hospitals to participate in health insurance provider networks;

3. Determining if patients have the ability to choose among and

between all geographically relevant providers which meet

requirements set by insurance companies;

Oklahoma Statutes - Title 36. Insurance Page 1078

4. Determining if providers as defined in this act who are not

allowed to participate in provider networks are denied participation

based on issues related to patient safety, sound economic policies,

and the practice of medicine;

5. Making recommendations as to the role of the State Insurance

Commission and the State Department of Health in establishing a

system of appeal when a hospital, specialty hospital, or ambulatory

surgical center, is denied participation in a provider network; andOklahoma Statutes - Title 36. Insurance Page 30etworks are denied participation

based on issues related to patient safety, sound economic policies,

and the practice of medicine;

5. Making recommendations as to the role of the State Insurance

Commission and the State Department of Health in establishing a

system of appeal when a hospital, specialty hospital, or ambulatory

surgical center, is denied participation in a provider network; and

6. Identifying other issues deemed appropriate by the Task

Force.

G. The Task Force shall issue a report of its recommendations

to the Legislature and Governor no later than January 1, 2006.
Okla. Stat. tit. 36, § 36-5103 — OK Code / Title 36 / Section 36-5103
License required - Refusal to issue - Exemption
Status: in_force

A. No person, firm, association or corporation shall act as an

RB in this state if the RB maintains an office either directly or as

a member or employee of a firm or association, or an officer,

director or employee of a corporation:

1. In this state, unless the RB is a licensed producer in this

state; or

2. In another state, unless the RB is a licensed producer in

this state or another state having a law substantially similar to

this law or the RB is licensed in this state as a nonresident

reinsurance intermediary.

Oklahoma Statutes - Title 36. Insurance Page 1027

B. No person, firm, association or corporation shall act as an

RM:

1. For a reinsurer domiciled in this state, unless the RM is a

licensed producer in this state;

2. In this state, if the RM maintains an office either directly

or as a member or employee of a firm or association, or an officer,

director or employee of a corporation in this state, unless the RM

is a licensed producer in this state; or

3. In another state for a nondomestic insurer, unless the RM is

a licensed producer in this state or another state having a law

substantially similar to this law or the person is licensed in this

state as a nonresident reinsurance intermediary.

C. The Insurance Commissioner may require an RM subject to the

provisions of subsection B of this section to:

1. File a bond in an amount from an insurer acceptable to the

Commissioner for the protection of the reinsurer; and

2. Maintain an errors and omissions policy in an amount

acceptable to the Commissioner.

D. 1. The Commissioner may issue a reinsurance intermediary

license to any person, firm, association or corporation who has

complied with the requirements of the Reinsurance Intermediary Act.

Any license issued to a firm or association shall authorize all the

members of the firm or association and any designated employees to

act as reinsurance intermediaries pursuant to the license, and all

such persons shall be named in the application and any supplements

thereto. Any license issued to a corporation shall authorize all of

the officers, and any designated employees and directors thereof to

act as reinsurance intermediaries on behalf of the corporation, and

all such persons shall be named in the application and any

supplements thereto.

2. If the applicant for a reinsurance intermediary license is a

nonresident, the applicant, as a condition precedent to receiving or

holding a license, shall designate the Commissioner as agent for

service of process in the manner, and with the same legal effect,

provided for by the Reinsurance Intermediary Act for designation of

service of process upon surplus lines insurers; and also shall

furnish the Commissioner with the name and address of a resident of

this state upon whom notices or orders of the Commissioner or

process affecting the nonresident reinsurance intermediary may be

served. The licensee shall promptly notify the Commissioner in

writing of every change in its designated agent for service of

process, and such change shall not become effective until

acknowledged by the Commissioner.

E. The Commissioner may refuse to issue a reinsurance

intermediary license if, in the judgment of the Commissioner, the

applicant, any one named on the application, or any member,

principal, officer or director of the applicant, or that any

Oklahoma Statutes - Title 36. Insurance Page 1028

controlling person of such applicant, is not trustworthy to act as a

reinsurance intermediary, or that any of the foregoing has given

cause for revocation or suspension of such license, or has failed to

comply with any prerequisite for the issuance of such license. Upon

written request therefor, the Commissioner shall furnish a summary

of the basis for refusal to issue a license, which document shall be

privileged and not subject to the Oklahoma Open Records Act.

F. Licensed attorneys-at-law of this state when acting in their

professional capacity as attorneys shall be exempt from this

section.

G. Licenses issued by the Commissioner pursuant to this section

shall be issued for a period of twenty-four (24) months. The

license shall not be issued unless the application for the license

is accompanied by a license fee of One Hundred Dollars ($100.00).

The license shall not be renewed unless the renewal application for

the license is accompanied by a renewal fee of One Hundred Dollars

($100.00).
Okla. Stat. tit. 36, § 36-1425.4 — OK Code / Title 36 / Section 36-1425.4
Renumbered as § 1435.25 of this title by Laws 2001, c
Status: in_force

156, § 35, eff. Nov. 1, 2001.
Okla. Stat. tit. 36, § 36-628 — OK Code / Title 36 / Section 36-628
Retaliation
Status: in_force

When by or pursuant to the laws of any other state or foreign

country any premium or income or other taxes, or any fees, fines,

penalties, licenses, deposit requirements or other material

obligations, prohibitions or restrictions are imposed upon Oklahoma

insurers doing business, or that might seek to do business in such

other state or country, which in the aggregate are in excess of such

taxes, fees, fines, penalties, licenses, deposit requirements or

other obligations, prohibitions or restrictions directly imposed

upon similar insurers of such other state or foreign country under

the statutes of this state, so long as such laws continue in force

or are so applied, the same obligations, prohibitions and

restrictions of whatever kind shall be imposed upon similar insurers

of such other state or foreign country doing business in Oklahoma.

All insurance companies of other nations shall be held to the same

obligations and prohibitions that are imposed by the state where

they have elected to make their deposit and establish their

principal agency in the United States. Any tax, license or other

obligation imposed by any city, county or other political

subdivision of a state or foreign country on Oklahoma insurers or

their agents shall be deemed to be imposed by such state or foreign

Oklahoma Statutes - Title 36. Insurance Page 152

country within the meaning of this section. The provisions of this

section shall not apply to ad valorem taxes on real or personal

property or to personal income taxes.
Okla. Stat. tit. 36, § 36-1140 — OK Code / Title 36 / Section 36-1140
Definitions - Licensing - Application - Duration of
Status: in_force

license.

A. “Advisory organization” means a corporation, an

unincorporated association, a partnership or an individual, whether

located inside or outside of this state, organized and licensed for

the purpose of making rates, loss costs, rating plans, statistical

collection, furnishing statistical data, policy forms and

endorsements or rating systems.

B. The term “advisory organization” shall be synonymous with

the terms “bureau”, “statistical agent” and “rating organization”.

C. No advisory organization shall provide any service relating

to the loss costs, rates, rating plans, manual rules, rating systems

or policy forms of any property and casualty insurance products

subject to the provisions of the Oklahoma Insurance Code and no

insurer shall utilize the services of such organization unless the

organization has obtained a license.

D. No advisory organization shall 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 usual compensation

for the services.

E. 1. An advisory organization applying for a license shall

include with its application:

a. a copy of its constitution, charter, articles of

organization, agreement, association or incorporation,

and a copy of its bylaws, plan of operation and any

other rules or regulations governing the conduct of

its business,

b. a list of its members and subscribers,

c. the name and address of one or more residents of this

state upon whom notices, process affecting it, or

orders of the Insurance Commissioner may be served,

d. a statement showing its technical qualifications for

acting in the capacity for which it seeks a license,

Oklahoma Statutes - Title 36. Insurance Page 263

e. a biography of the ownership and management of the

organization, and

f. any other relevant information and documents that the

Commissioner may require.

2. Every organization which has applied for a license shall

notify the Commissioner of every material change in the facts or in

the documents on which its application was based. Any amendment to

a document filed under this section shall be filed at least thirty

(30) days before it becomes effective.

3. If the Commissioner finds that the applicant and the natural

persons through whom it acts are competent, trustworthy and

technically qualified to provide the services proposed, and that all

requirements of the law are met, the Commissioner shall issue a

license specifying the authorized activity of the applicant. The

Commissioner shall not issue a license if the proposed activity

would tend to create a monopoly or to substantially lessen the

competition in the market.

4. Licenses issued pursuant to this section shall remain in

force for one (1) year unless suspended or revoked. The

Commissioner may at any time, after a hearing, revoke or suspend the

license of any advisory organization that does not comply with the

requirements and standards of the applicable provisions of the

Insurance Code.
Okla. Stat. tit. 36, § 36-2909 — OK Code / Title 36 / Section 36-2909
Certificate of authority
Status: in_force

A. The certificate of authority of a reciprocal insurer shall

be issued to its attorney in the name of the insurer.

B. The Insurance Commissioner may refuse, suspend, or revoke

the certificate of authority, in addition to other grounds therefor,

for failure to comply with any provision of this Code.
Okla. Stat. tit. 36, § 36-6470.19 — OK Code / Title 36 / Section 36-6470.19
Captive insurance tax rates – Definitions
Status: in_force

A. Each captive insurance company, other than a sponsored

captive insurance company, and each protected cell of a sponsored

captive insurance company, shall pay to the Insurance Department, by

March 1 of each year, a tax at the rate of two-tenths of one percent

(0.2%) on the direct premiums collected or contracted for on

policies or contracts of insurance written by the captive insurance

company during the year ending December 31 next preceding, after

deducting from the direct premiums subject to the tax the amounts

paid to policyholders as return premiums which shall include

dividends on unabsorbed premiums or premium deposits returned or

credited to policyholders up to a maximum tax for such year of One

Hundred Thousand Dollars ($100,000.00); provided however, that no

tax shall be due or payable as to consideration received for annuity

contracts.

B. A captive insurance company, other than a sponsored captive

insurance company, and each protected cell of a sponsored captive

insurance company, shall pay to the Department, by March 1 of each

year, a tax at the rate of one-tenth of one percent (0.1%) of

assumed reinsurance premium. However, no reinsurance tax applies to

premiums for risks or portions of risks which are subject to

taxation on a direct basis pursuant to subsection A of this section.

A premium tax is not payable in connection with the receipt of

assets in exchange for the assumption of loss reserves and other

liabilities of another insurer under common ownership and control if

the transaction is part of a plan to discontinue the operations of

the other insurer and if the intent of the parties to the

transaction is to renew or maintain business with the captive

insurance company.

C. A sponsored captive insurance company shall pay to the

Department, by March 1 of each year, a tax on direct and assumed

Oklahoma Statutes - Title 36. Insurance Page 1225

premiums equal, in the aggregate, to the minimum tax provided in

subsection D of this section.

D. Except as provided in this section for a series captive

insurance company, if the aggregate taxes to be paid by a captive

insurance company or a protected cell of a sponsored captive

insurance company calculated under subsections A and B of this

section amount to less than Five Thousand Dollars ($5,000.00) in any

year, the captive insurance company or protected cell shall pay a

minimum tax of Five Thousand Dollars ($5,000.00) for that year.

However, in the calendar year in which a captive insurance company

is first licensed, or the protected cell is approved by the

Commissioner, the minimum tax will be prorated on a quarterly basis.

For those licensed in the first quarter, the prorated minimum tax is

Five Thousand Dollars ($5,000.00). For those licensed in the second

quarter, the prorated minimum tax is Three Thousand Seven Hundred

Fifty Dollars ($3,750.00). For those licensed in the third quarter,

the prorated minimum tax is Two Thousand Five Hundred Dollars

($2,500.00). For those licensed in the fourth quarter, the prorated

minimum tax is One Thousand Two Hundred Fifty Dollars ($1,250.00).

In the calendar year in which a captive insurance company is first

licensed or the protected cell is first approved by the

Commissioner, if the aggregate taxes to be paid calculated under

subsections A and B of this section amount to less than the minimum

tax prorated on a quarterly basis, the captive or protected cell

shall pay the prorated minimum tax for that calendar year. Each

series captive insurance company shall pay an annual minimum

aggregate tax of Three Thousand Five Hundred Dollars ($3,500.00).

The aggregation of the tax paid by more than one series captive

insurance company formed within a limited liability company or

statutory trust or the corresponding law of another state shall not

be restricted by the annual maximum premium tax limitations

specified in subsections A and B of this section.

E. Subject to subsections F, G and H of this section, if the

aggregate taxes on direct and assumed premiums to be paid by a

captive insurance company or a protected cell of a sponsored captive

insurance company calculated under subsections A and B of this

section amount to more than One Hundred Thousand Dollars

($100,000.00) in any year, the captive insurance company, protected

cell of a sponsored captive insurance company or a series captive

insurance company shall pay a maximum tax of One Hundred Thousand

Dollars ($100,000.00) for that year.

F. Two or more captive insurance companies under common

ownership and control must be taxed as though they were a single

captive insurance company. Two or more protected cells of a

sponsored captive insurance company that are related by common

ownership and control must be taxed as though they were a single

protected cell.

Oklahoma Statutes - Title 36. Insurance Page 1226

G. As used in this section, “common ownership and control”

means the direct or indirect ownership of eighty percent (80%) or

more of the outstanding voting stock or other voting interests of

two or more captive insurance companies or protected cells of a

sponsored captive insurance company by the same person or persons.

H. A captive insurance company that has employed twenty-five or

more separate qualified individuals throughout a given tax year and

that otherwise would be liable under this section for tax for such

year in an amount exceeding Fifty Thousand Dollars ($50,000.00)

shall pay to the Insurance Commissioner under this section a tax for

such year in the amount of Fifty Thousand Dollars ($50,000.00). For

purposes of this subsection, “qualified individual” means a natural

person employed in this state on a regular basis of thirty-five (35)

or more hours per week either by such captive insurance company, or

by a wholly-owned subsidiary of such captive insurance company that

provides captive insurance company management, operating, investment

or related services exclusively to such captive insurance company.

I. The tax provided for in this section constitutes all taxes

collectible under the laws of this state from a captive insurance

company or a protected cell of a sponsored captive insurance

company, and no other occupation tax or other taxes may be levied or

collected from a captive insurance company by the state or a county,

city, or municipality within this state, except ad valorem taxes on

real and personal property used in the production of income.

J. For the fiscal year beginning July 1, 2020, and for each

fiscal year thereafter, the Insurance Commissioner shall report and

disburse all fees and taxes collected pursuant to this section as

follows:

1. Of the first Five Hundred Thousand Dollars ($500,000.00):

a. thirty-six percent (36%) to the Oklahoma Firefighters

Pension and Retirement Fund,

b. fourteen percent (14%) to the Oklahoma Police Pension

and Retirement System,

c. five percent (5%) to the Law Enforcement Retirement

Fund, and

d. forty-five percent (45%) to the State Treasury to the

credit of the General Revenue Fund of the state;

2. Of the next Two Hundred Fifty Thousand Dollars

($250,000.00), one hundred percent (100%) to the State Insurance

Commissioner Revolving Fund to be used by the Department for the

purposes of implementing and administering the Oklahoma Captive

Insurance Company Act and any accompanying regulations; and

3. Of all amounts in excess of Seven Hundred Fifty Thousand

Dollars ($750,000.00):

a. thirty-six percent (36%) to the Oklahoma Firefighters

Pension and Retirement Fund,

Oklahoma Statutes - Title 36. Insurance Page 1227

b. fourteen percent (14%) to the Oklahoma Police Pension

and Retirement System,

c. five percent (5%) to the Law Enforcement Retirement

Fund,

d. fifteen percent (15%) to the State Treasury to the

credit of the General Revenue Fund of the state, and

e. thirty percent (30%) to the State Insurance

Commissioner Revolving Fund to be used by the

Department for the purposes of implementing and

administering the Oklahoma Captive Insurance Company

Act and any accompanying regulations.
Okla. Stat. tit. 36, § 36-989 — OK Code / Title 36 / Section 36-989
Improper rates – Disapproval - Hearing
Status: in_force

Improper Rates; Disapproval; Hearing.

A. Basis for disapproval.

1. The Commissioner shall disapprove a rate in a competitive

market only if the Commissioner finds, pursuant to subsection B of

this section, that the rate is inadequate or unfairly discriminatory

pursuant to Section 985 of this title.

2. The Commissioner may disapprove a rate for use in a

noncompetitive market only if the Commissioner finds, pursuant to

subsection B of this section, that the rate is excessive, inadequate

or unfairly discriminatory under this subsection.

B. Procedures for disapproval.

1. Prior to the expiration of a waiting period or an extension

thereof, made pursuant to subsection B of Section 987 of this title,

the Commissioner may disapprove, by written order, rates filed

pursuant to subsection B of Section 987 of this title with a

hearing. The order shall specify in what respects the filing fails

to meet the requirements of this act. Any insurer whose rates are

disapproved pursuant to this section shall be given a hearing upon

written request made within thirty (30) days of disapproval.

2. If, at any time, the Commissioner finds that a rate

applicable to insurance sold in a noncompetitive market does not

comply with the standards set forth in Section 985 of this title,

the Commissioner may, after a hearing held upon not less than twenty

(20) days’ written notice, issue an order pursuant to subsection C

of this section, disapproving such rate. The hearing notice shall

be sent to every insurer and advisory organization that adopted the

rate and shall specify the matters to be considered at the hearing.

The disapproval order shall not affect any contract or policy made

or issued prior to the effective date set forth in the order.

Oklahoma Statutes - Title 36. Insurance Page 237

3. If, at any time, the Commissioner finds that a rate

applicable to insurance sold in a competitive market is inadequate

or unfairly discriminatory under paragraph 2 or 3 of subsection A of

Section 985 of this title, the Commissioner may issue an order

pursuant to subsection C of this section disapproving the rate. The

order shall not affect any contract or policy made or issued prior

to the effective date set forth in the order.

C. Order of disapproval.

If the Commissioner disapproves a rate pursuant to subsection B

of this section, the Commissioner shall issue an order within thirty

(30) days of the close of the hearing specifying in what respects

the rate fails to meet the requirements of this act. The order

shall state an effective date no sooner than thirty (30) business

days after the date of the order when the use of the rate shall be

discontinued. This order shall not affect any policy made before

the effective date of the order.

D. Appeal of orders and establishment of reserves.

If an order of disapproval is appealed pursuant to Section 990

of this title, the insurer may implement the disapproved rate upon

notification to the court, in which case any excess of the

disapproved rate over a rate previously in effect shall be placed in

a reserve established by the insurer. The court shall have control

over the disbursement of funds from such reserve. The funds shall

be distributed as determined by the court in its final order except

that de minimus refunds to policyholders shall not be required.

E. All determinations made by the Commissioner under this

section shall be on the basis of findings of fact and conclusions of

law.
Okla. Stat. tit. 36, § 36-1164 — OK Code / Title 36 / Section 36-1164
Exclusion from application for certain unmet terms,
Status: in_force

conditions and limitations.

A. Nothing herein shall require a health plan to reinstate such

resident if the health plan requires residency in an enrollment area

and those residency requirements are not met after deactivation or

loss of coverage under the federal government-sponsored health

insurance program.

B. All terms, conditions and limitations of the individual

coverage into which reinstatement is made will apply equally to all

insureds enrolled in such coverage.

C. No personal insurance issued to an Oklahoma resident on

active military deployment beyond the borders of the United States

of America, or the spouse or any dependent of such Oklahoma

resident, shall be subject to cancellation, nonrenewal, denial of

coverage, premium increase or adverse tier placement for the term of

their deployment based solely upon said Oklahoma resident’s military

deployment.

Oklahoma Statutes - Title 36. Insurance Page 270

D. The Insurance Commissioner is hereby authorized to adopt

such rules and regulations as may be necessary to carry out the

provisions of this act.
Okla. Stat. tit. 36, § 36-2705.1 — OK Code / Title 36 / Section 36-2705.1
Purposes - powers
Status: in_force

A. A society shall operate for the benefit of members and their

beneficiaries by:

1. Providing benefits as specified in Section 16 of this act;

and

2. Operating for one or more social, intellectual, educational,

charitable, benevolent, moral, fraternal, patriotic or religious

purposes for the benefit of its members, which may also be extended

to others.

Such purposes may be carried out directly by the society or

indirectly through subsidiary corporations or affiliated

organizations.

B. Every society shall have the power to adopt laws and rules

for the government of the society, the admission of its members, and

the management of its affairs. It shall have the power to change,

alter, add to or amend such laws and rules and shall have such other

powers as are necessary and incidental to carrying into effect the

objects and purposes of the society.
Okla. Stat. tit. 36, § 36-6975 — OK Code / Title 36 / Section 36-6975
Agreement between provider and insurer or organization —
Status: in_force

Changes to agreement.

A. An insurer or prepaid vision plan organization shall not

change or alter an agreement entered into with a vision care

provider unless the insurer or organization:

Oklahoma Statutes - Title 36. Insurance Page 1451

1. Provides notice of any proposed change to the provider

through a certified letter or an electronic communication requiring

an electronic signature proving receipt detailing proposed changes

to the vision care provider. A face-to-face or virtual meeting

shall be conducted if requested by the provider. If the changes in

the contract are not agreed to by the vision care provider within

ninety (90) days of the date of the provided notice, the agreement

shall terminate; and

2. Supplies the vision care provider with an explanation of

benefits and an explanation of payment for services and materials

rendered by the provider upon request, regardless of the provider’s

network status with the vision plan.

B. 1. A new agreement is required to be established and agreed

upon after three or more material changes are made to an existing

agreement from an insurer, vision plan, or vision care discount

plan.

2. Any amendment to a proposed contract that is being reviewed

by a provider prior to its execution and any amendment to an

existing contract with a service provider shall be underlined to

clearly indicate the contract modification.
Okla. Stat. tit. 36, § 36-2026 — OK Code / Title 36 / Section 36-2026
Board of directors - Membership - Term - Vacancies -
Status: in_force

Approval - Compensation.

A. The Board of Directors of the Oklahoma Life and Health

Insurance Guaranty Association shall consist of not less than seven

(7) nor more than eleven (11) member insurers serving terms as

established in the procedural rules of the Association. A majority

of the Board shall be selected from the fifty (50) member insurers

which write the largest volume of life and accident and health

premiums and annuity considerations for the previous year. The

members of the Board shall be selected by member insurers subject to

the approval of the Insurance Commissioner. Vacancies on the Board

shall be filled for the remaining period of the term by a majority

vote of the remaining Board members, subject to the approval of the

Commissioner.

B. In calculating total premium for Board qualification

purposes, premiums collected by different members of the same multi-

insurer group may be attributable to each member of the group;

Oklahoma Statutes - Title 36. Insurance Page 601

provided, no two members of the same group shall serve on the Board

at the same time.

C. In approving selections, the Commissioner shall consider,

among other things, whether all member insurers are fairly

represented.

D. Members of the Board may be reimbursed by the Association

for expenses incurred by them as members of the Board, but members

of the Board shall not otherwise be compensated by the Association

for their services.
Okla. Stat. tit. 36, § 36-2040 — OK Code / Title 36 / Section 36-2040
Exemption from taxes and fees
Status: in_force

The Association shall be exempt from payment of all fees and all

taxes levied by this state or any of its subdivisions, except taxes

levied on real property.
Okla. Stat. tit. 36, § 36-635 — OK Code / Title 36 / Section 36-635
License eligibility requirements - Filing of contracts
Status: in_force

A. To meet the requirements for issuance of a license and to

maintain a MEWA, a MEWA must be nonprofit and either:

1. a. established by a trade association, industry

association or professional association of employers

or professionals that has a constitution or bylaws and

that has been organized and maintained in good faith

for a continuous period of five (5) years for purposes

other than that of obtaining or providing insurance,

or

b. established by an association that has a current M-1

form filed with and accepted by the United States

Department of Labor showing Oklahoma as the state of

operation and:

(1) is formed in accordance with the applicable

provisions of 29 CFR 2510, or

(2) was previously established or is newly formed in

accordance with federal regulatory guidance

effective prior to August 20, 2018, or

c. operated pursuant to a trust agreement by a board of

trustees that has complete fiscal control over the

Oklahoma Statutes - Title 36. Insurance Page 157

MEWA and that is responsible for all operations of the

MEWA. Except as provided in this paragraph, the

trustees must:

(1) be owners, shareholders, partners, officers,

directors, or employees of one or more employers

in the MEWA. With the Commissioner's approval, a

person who is not such an owner, shareholder,

partner, officer, director, or employee may serve

as a trustee if that person possesses the

expertise required for such service. A trustee

may not be an owner, shareholder, partner,

officer or employee of the administrator or

service company of the MEWA,

(2) have the authority to approve applications of

association members for participation in the

MEWA, and

(3) have the authority to contract with an authorized

administrator or service company to administer

the operations of the MEWA,

d. neither offered nor advertised to the public

generally,

e. operated in accordance with sound actuarial

principles, and

f. offered only after Two Hundred Thousand Dollars

($200,000.00) of cash or federally guaranteed

obligations of less than five-year maturity that have

a fixed or recoverable principal amount or such other

investments as the Commissioner may authorize by rule

is titled in such a manner that it may not be traded,

sold or otherwise expended without the consent of the

Commissioner; provided, the funds shall be taken into

account in determining whether the MEWA is actuarially

sound, and evidence of the investment shall be filed

with the Commissioner; or

2. a. operated pursuant to a trust agreement for a trust

which has its situs in this state, is operated

pursuant to a trust agreement by a board of trustees

that has complete fiscal control over the MEWA, is

responsible for all operations of the MEWA, and which

has as one of its trustees a financial institution

which is independent of the entity which established

the MEWA. Except as provided in this paragraph, the

board of trustees must have owners, shareholders,

partners, officers, directors or employees of one or

more employers in the MEWA. With the Commissioner's

approval, a person who is not such an owner,

shareholder, partner, officer, director or employee

Oklahoma Statutes - Title 36. Insurance Page 158

may serve as a trustee if that person possesses the

expertise required for such service. A trustee shall

not be an owner, shareholder, partner, officer,

director or employee of the administrator or service

company of the MEWA,

b. operated and administered in a manner that causes all

assets of the MEWA to be held in trust until paid

either:

(1) for the benefit of individuals who receive

medical, dental or similar benefits from the

MEWA, or

(2) for the expenses of the MEWA, such as the fees of

the trustee, licensed agents, administrator,

service company, and all expenses of complying

with the provisions of this act,

c. offered only to employers for the benefit of their

employees,

d. operated in accordance with sound actuarial

principles, and

e. offered only after Two Hundred Thousand Dollars

($200,000.00) of cash or federally guaranteed

obligations of less than five-year maturity that have

a fixed or recoverable principal amount or such other

investments as the Commissioner may authorize by rule

is titled in such a manner that it may not be traded,

sold or otherwise expended without the consent of the

Insurance Commissioner; provided, the funds shall be

taken into account in determining whether the MEWA is

actuarially sound, and evidence of the investment

shall be filed with the Commissioner.

B. 1. The MEWA shall issue to each covered employee a policy,

contract, certificate, summary plan description, or other evidence

of the benefits and coverages provided. The policy, contract,

certificate, summary plan description, or other evidence of the

benefits, coverages provided, premium rates to be charged and any

contracts between the MEWA and any administrator or service company,

including any changes to those documents, must be filed with the

Oklahoma Insurance Department. The evidence of benefits and

coverages provided shall contain, in boldface type on the face page

of the policy and the certificate, the following statement: "THE

BENEFITS AND COVERAGES DESCRIBED HEREIN ARE PROVIDED THROUGH A TRUST

FUND ESTABLISHED BY A GROUP OF EMPLOYERS (name of MEWA). THE TRUST

FUND IS NOT SUBJECT TO ANY INSURANCE GUARANTY ASSOCIATION. OTHER

RELATED FINANCIAL INFORMATION IS AVAILABLE FROM YOUR EMPLOYER OR

FROM THE (name of MEWA). EXCESS INSURANCE IS PROVIDED BY A LICENSED

INSURANCE COMPANY TO COVER CERTAIN CLAIMS WHICH EXCEED CERTAIN

Oklahoma Statutes - Title 36. Insurance Page 159

AMOUNTS. THIS IS THE ONLY SOURCE OF FUNDING FOR THESE BENEFITS AND

COVERAGES."

2. If applicable, the same documents shall contain in boldface

type on the face page of the policy and the certificate: "THE

BENEFITS AND COVERAGE DESCRIBED HEREIN ARE FUNDED BY CONTRIBUTIONS

FROM EMPLOYERS, EMPLOYEES, AND OTHER INDIVIDUALS ELIGIBLE FOR

COVERAGE."

3. Any statement required by this subsection is not required on

identification cards issued to covered employees or other insureds.

C. The Commissioner shall not grant or continue a license to

any MEWA if the Commissioner reasonably deems that:

1. Any trust, manager or administrator is incompetent,

untrustworthy, or so lacking in insurance expertise as to make the

operations of the MEWA hazardous to the potential and existing

insureds;

2. Any trustee, manager or administrator has been found guilty

of or has pled guilty or no contest to a felony, a crime involving

moral turpitude, or a crime punishable by imprisonment of one (1)

year or more under the law of any state or country, whether or not a

judgment or conviction has been entered; or

3. Any trustee, manager or administrator has had any type of

insurance license justifiably revoked in this or any other state.

D. To qualify for and retain a license, a MEWA shall file all

contracts with administrators or service companies with the

Commissioner, and report any changes in such contracts to the

Commissioner in advance of their implementation. The Commissioner

shall have the authority to cause any contract with an administrator

or service company to be renegotiated if the Commissioner reasonably

determines that the charges under any such contract are excessively

high in light of the services being delivered under the contract.

E. An initial filing fee of One Thousand Dollars ($1,000.00) is

required for licensure. Each subsequent year the MEWA is in

operation, an annual fee of Two Hundred Fifty Dollars ($250.00)

shall be required.

F. Failure to maintain compliance with the eligibility

requirements established by this section is a ground for denial,

suspension or revocation of the license of a MEWA.
Okla. Stat. tit. 36, § 36-4101 — OK Code / Title 36 / Section 36-4101
Classes of policies permitted - Eligibility - Premiums -
Status: in_force

Oklahoma Statutes - Title 36. Insurance Page 26Number insured - Amount of insurance.

No policy of group life insurance shall be delivered in this

state unless it conforms to one of the following descriptions:

1. A policy issued to an employer, or to the trustees of a fund

established by an employer, which employer or trustees shall be

deemed the policyholder, to insure employees of the employer for the

benefit of persons other than the employer, subject to the following

requirements:

a. The employees eligible for insurance under the policy

shall be all of the employees of the employer, or all

of any class or classes thereof determined by

conditions pertaining to their employment. The policy

may provide that the term "employees" shall include

the employees of one or more subsidiary corporations,

and the employees, individual proprietors and partners

of one or more affiliated corporations, proprietors or

partnerships if the business of the employer and of

such affiliated corporations, proprietors or

partnerships is under common control through stock

ownership or contract, or otherwise. The policy may

provide that the term "employees" shall include the

individual proprietor or partners if the employer is

an individual proprietor or a partnership. The policy

may provide that the term "employees" shall include

retired employees. No director of a corporate

employer shall be eligible for insurance under the

policy unless such a person is otherwise eligible as a

bona fide employee of the corporation by performing

services other than the usual duties of a director.

No individual proprietor or partner shall be eligible

for insurance under the policy unless he is actively

engaged in and devotes a substantial part of his time

to the conduct of the business of the proprietor or

partnership. The policy may provide that the term

"employees" shall include the trustees or their

employees, or both, if their duties are principally

connected with such trusteeship. A policy issued to

insure the employees of a public body may provide that

the term "employee" shall include elected or appointed

officials.

b. The premium for the policy shall be paid by the

policyholder, either wholly from the employer's funds

or funds contributed by him, or partly from such funds

and partly from funds contributed by the insured

employees, or from funds contributed wholly by the

insured employees. A policy on which no part of the

Oklahoma Statutes - Title 36. Insurance Page 918

premium is to be derived from funds contributed by the

insured employees must insure all eligible employees,

or all except any as to whom evidence of insurability

is not satisfactory to the insurer.

c. The amounts of insurance under the policy must be

based upon some plan precluding individual selection

either by the employees or by the employer or trustee;

2. A policy issued to a creditor, who shall be deemed to be the

policyholder, to insure debtors of the creditor. Credit unions and

associations formed for the purpose of making loans to their members

shall be deemed to be creditors within the meaning of this section.

Policies issued to a creditor to insure debtors of the creditor are

subject to the following requirements:

a. The debtors eligible for insurance under the policy

shall be all of the debtors of the creditor or all of

any class or classes thereof determined by conditions

pertaining to the indebtedness or to the purchase

giving rise to the indebtedness. The policy may

provide that the term "debtors" shall include the

debtors of one or more subsidiary corporations, and

the debtors of one or more affiliated corporations,

proprietors or partnerships if the business of the

policyholder and of such affiliated corporations,

proprietors or partnerships is under common control

through stock ownership, contract or otherwise.

b. The premium for the policy shall be paid by the

policyholder, either from the creditor's funds, or

from charges collected from the insured debtors, or

from both. A policy on which part or all of the

premium is to be derived from the collection from the

insured debtors of identifiable charges not required

of uninsured debtors shall not include, in the class

or classes of debtors eligible for insurance, debtors

under obligation outstanding at its date of issue

without evidence of individual insurability unless at

least seventy-five percent (75%) of the then eligible

debtors elect to pay the required charges. A policy

on which no part of the premium is to be derived from

the collection of such identifiable charges must

insure all eligible debtors, or all except any as to

whom evidence of individual insurability is not

satisfactory to the insurer.

c. The policy may be issued only if the group of eligible

debtors is then receiving new entrants at the rate of

at least one hundred persons yearly, or may reasonably

be expected to receive at least one hundred new

entrants during the first policy year, and only if the

Oklahoma Statutes - Title 36. Insurance Page 919

policy reserves to the insurer the right to require

evidence of individual insurability if less than

seventy-five percent (75%) of the new entrants become

insured.

d. The amount of insurance on the life of any debtor

shall at no time exceed the amount owed by him which

is repayable to the creditor, or One Hundred Thousand

Dollars ($100,000.00), whichever is less, provided

further, no company licensed to do business in this

state shall issue in excess of One Hundred Thousand

Dollars ($100,000.00) group credit life insurance on

one individual in the State of Oklahoma.

e. The insurance shall be payable to the policyholder.

Such payment shall reduce or extinguish the unpaid

indebtedness of the debtor to the extent of such

payment;

3. A policy issued to a labor union, which shall be deemed the

policyholder, to insure members of such union for the benefit of

persons other than the union or any of its officials,

representatives or agents, subject to the following requirements:

a. The members eligible for insurance under the policy

shall be all of the members of the union, or all of

any class or classes thereof determined by conditions

pertaining to their employment, or to membership in

the union, or both.

b. The premium for the policy shall be paid by the

policyholder, either wholly from the union's funds, or

partly from such funds and partly from funds

contributed by the insured members specifically for

their insurance, or from funds contributed wholly by

the insured members. A policy on which no part of the

premium is to be derived from funds contributed by the

insured members specifically for their insurance must

insure all eligible members or all except any as to

whom evidence of individual insurability is not

satisfactory to the insurer.

c. The amount of insurance under the policy must be based

upon some plan precluding individual selection either

by the members or by the union;

4. A policy issued to the trustees of a fund established in

this state by two or more employers in the same industry, provided a

majority of the employees to be insured of each employer are located

within this state, or to the trustees of a fund established by one

or more labor unions, or by one or more employers in the same

industry and one or more labor unions or by one or more employers

and one or more labor unions whose members are in the same or

related occupation or trades, or by an association of persons,

Oklahoma Statutes - Title 36. Insurance Page 920

licensed by the State of Oklahoma to engage in a recognized

profession, which trustees shall be deemed the policyholder to

insure employees of the employers or members of the unions or

members of an association of persons, licensed by the State of

Oklahoma to engage in a recognized profession, for the benefit of

persons other than the employers or the unions, or the association

of persons, licensed by the State of Oklahoma to engage in a

recognized profession, subject to the following requirements:

a. The persons eligible for insurance shall be all of the

employees of the employers or all of the members of

the union, or all the members of an association of

persons, licensed by the State of Oklahoma to engage

in a recognized profession, or all of any class or

classes thereof determined by conditions pertaining to

their employment, or to membership in the unions, or

to both, or pertaining to membership in the

association of persons, licensed by the State of

Oklahoma to engage in a recognized profession. The

policy may provide that the term "employees" shall

include the individual proprietor or partners if any

employer is an individual proprietor or a partnership.

The policy may provide that the term "employees" shall

include retired employees. No director of a corporate

employer shall be eligible for insurance under the

policy unless such person is otherwise eligible as a

bona fide employee of the corporation by performing

services other than the usual duties of a director.

No individual proprietor or a partner shall be

eligible for insurance under the policy unless he is

actively engaged in and devotes a substantial part of

his time to the conduct of the business of the

proprietor or partnership. The policy may provide

that the term "employees" shall include the trustees

or their employees, or both if their duties are

principally connected with such trusteeship, and that

the term "members of an association" shall include

employees of members.

b. The premium for the policy shall be paid by the

trustees wholly from funds contributed by the employer

or employers of the insured persons, or by the union

or unions, or by both, or by an association of

persons, licensed by the State of Oklahoma to engage

in a recognized profession, or from funds contributed

wholly or in part by the insured persons. A policy on

which no part of the premium is to be derived from

funds contributed by the insured persons specifically

for their insurance must insure all eligible persons,

Oklahoma Statutes - Title 36. Insurance Page 921

or all except any as to whom evidence of individual

insurability is not satisfactory to the insurer.

c. The policy must cover at date of issue at least one

hundred persons; and if the fund is established by the

members of an association of employers the policy may

be issued only if (a) either (i) the participating

employers constitute at date of issue at least sixty

percent (60%) of those employer members whose

employees are not already covered by group life

insurance or (ii) the total number of persons covered

at date of issue exceeds six hundred; and (b) the

policy shall not require that if a participating

employer discontinues membership in the association,

the insurance of his employees shall cease solely by

reason of such discontinuance.

d. The amounts of insurance under the policy must be

based upon some plan precluding individual selection

either by the insured persons or by the policyholder,

employers, or unions;

5. A policy issued to any nonprofit industrial association to

insure the executives of employer members of a nonprofit industrial

association, which is now and has been actively functioning for a

period of not less than ten (10) years, such policy to be issued to

such association which shall be deemed to be the employer for the

purposes of this article, or to the association and executives of

such employer members jointly and insuring only all of such

executives for amounts of insurance based upon some plan which will

preclude individual selection, for the benefit of persons other than

such association, and the premium on which shall be paid by the

employer members or the employer members and the executives of such

employer members jointly;

6. A policy issued to a credit union which shall be deemed the

policyholder, to insure eligible members for the benefit of someone

other than the credit union or its officials and subject to the

following requirements:

a. The members eligible for insurance under the policy

shall be all the members of the credit union or all of

any class or classes thereof.

b. The premiums for the policy shall be paid by the

policyholder, either wholly from the credit union's

funds, or partly from such funds and partly from funds

contributed by the insured members specifically for

their insurance. A policy on which no part of the

premium is to be derived from funds contributed by the

insured members specifically for their insurance must

insure all eligible members or all except any as to

Oklahoma Statutes - Title 36. Insurance Page 922

whom evidence of individual insurability is not

satisfactory to the insurer.

c. The amount of insurance under the policy may be based

on the amount of the member's savings in the credit

union or upon some other plan precluding individual

selection either by the members or by the credit

union;

7. A policy issued to a charitable, benevolent, educational or

religious institution, or their agencies, to insure the members

thereof for the purpose set forth in subsection D of Section 3604 of

this title;

8. A policy issued to an alumni association of an institution

of higher education accredited by the Oklahoma State Regents for

Higher Education, to insure the members thereof for the purpose set

forth in subsection E of Section 3604 of this title;

9. A policy to an association, which has a constitution and

bylaws and which has been organized and is maintained in good faith

for purposes other than that of obtaining insurance, that insures at

least ten members, employees, or employees of members of the

association or its officers or trustees. The term “employees” as

used in this paragraph shall include retired employees.

“Association” means, with respect to life insurance coverage

offered, an association which:

a. has been actively in existence for at least five (5)

years,

b. has been formed and maintained in good faith for

purposes other than obtaining insurance,

c. does not condition membership in the association on

any health status-related factor relating to an

individual, including an employee of an employer or a

dependent of an employee or association member,

d. makes life insurance coverage offered through the

association available to all members regardless of any

health status-related factor relating to such member

or individuals eligible for coverage through a member,

e. does not make life insurance coverage offered through

the association available other than in connection

with a member of the association, and

f. meets such additional requirements as may be imposed

under state law;

10. A policy issued to cover any other group subject to the

following requirements:

a. no such group life insurance policy shall be delivered

in this state unless the Commissioner of Insurance

finds that:

(1) the issuance of such group policy is not contrary

to the best interest of the public,

Oklahoma Statutes - Title 36. Insurance Page 923

(2) the issuance of the group policy would result in

economies of acquisition or administration, and

(3) the benefits are reasonable in relation to the

premiums charged, and

b. the premium for the policy shall be paid either from

the policyholder’s funds or from funds contributed by

the covered person or from both; or

11. A policy issued to cover any other substantially similar

group which, in the discretion of the Insurance Commissioner, may be

subject to the issuance of a group life policy or contract.
Okla. Stat. tit. 36, § 36-348.1 — OK Code / Title 36 / Section 36-348.1
Fees and licenses
Status: in_force

A. The Insurance Commissioner shall collect the following fees

and licenses for the Property and Casualty Division:

Oklahoma Statutes - Title 36. Insurance Page 110

1. Rating organizations, statistical agents and advisory

organizations:

a. Application fee for issuance of

2. Miscellaneous:

a. Certificate of Insurance Commissioner,

b. Upon each transaction of filing of

documents required pursuant to Section

3610 of this title and the Service

Warranty Act, as contained in Sections

141.1 through 141.32 of Title 15 of the

Oklahoma Statutes:

(2) For an approved joint underwriting

association, or rating or advisory

organization:

(b) Additional fee for each member

3. For each rate, loss cost and rule filing request pursuant to

the Property and Casualty Competitive Loss Cost Rating Act:

b. For an approved joint underwriting

association, rating or advisory

organization:

(2) Additional fee for each member

B. The fees, licenses, and taxes imposed by the Commissioner

upon persons, firms, associations, or corporations licensed pursuant

to this section shall be payment in full with respect thereto of and

in lieu of all demands for any and all state, county, district, and

municipal license fees, license taxes, business privilege taxes,

business privilege fees, and charges of every kind now or hereafter

imposed upon all such persons, firms, associations, or corporations.

This subsection shall not affect other fees, licenses and taxes

imposed by the Insurance Code.

C. Any costs incurred by the Commissioner in the process of

review and analysis of a filing shall be assessed against the

company or organization making the filing.
Okla. Stat. tit. 36, § 36-1426A — OK Code / Title 36 / Section 36-1426A
Renumbered as § 1435.29 of this title by Laws 2001, c
Status: in_force

156, § 35, eff. Nov. 1, 2001.
Okla. Stat. tit. 36, § 36-6960 — OK Code / Title 36 / Section 36-6960
Definitions
Status: in_force

A. For purposes of the Patient’s Right to Pharmacy Choice Act:

1. “340B drug pricing” means the pricing agreement established

under Section 602 of the Veterans Health Care Act of 1992, Pub. L.

No. 102-585;

2. “340B entity” means a covered entity as that term is defined

in 42 U.S.C., Section 256b;

3. “Covered entity” means a nonprofit hospital or medical

service organization, for-profit hospital or medical service

organization, insurer, health benefit plan, health maintenance

organization, health program administered by the state in the

capacity of providing health coverage, or an employer, labor union,

or other group of persons that provides health coverage to persons

in this state. This term does not include a health plan that

provides coverage only for accidental injury, specified disease,

hospital indemnity, disability income, or other limited benefit

Oklahoma Statutes - Title 36. Insurance Page 1431

health insurance policies and contracts that do not include

prescription drug coverage;

4. “Health insurer” means any corporation, association, benefit

society, exchange, partnership or individual licensed by the

Oklahoma Insurance Code;

5. “Health insurer payor” means a health insurance company,

health maintenance organization, union, hospital and medical

services organization or any entity providing or administering a

self-funded health benefit plan;

6. “Mail-order pharmacy” means a pharmacy licensed by this

state that primarily dispenses and delivers covered drugs via common

carrier;

7. “Pharmacy benefits manager” or “PBM” means a person,

business, or other entity that performs pharmacy benefits

management. The term shall include a person or entity acting on

behalf of a PBM in a contractual or employment relationship in the

performance of pharmacy benefits management for a managed care

company, nonprofit hospital, medical service organization, insurance

company, third-party payor or a health program administered by a

department of this state;

8. “Pharmacy benefits management” means a service provided to

covered entities to facilitate the provisions of prescription drug

benefits to covered individuals within the state, including, but not

limited to, negotiating pricing and other terms with drug

manufacturers and providers. Pharmacy benefits management may

include any or all of the following services:

a. claims processing, retail network management, and

payment of claims to pharmacies for prescription drugs

dispensed to covered individuals,

b. administration or management of pharmacy discount

cards or programs,

c. clinical formulary development and management

services, or

d. rebate contracting and administration;

9. “Provider” means a pharmacy, as defined in Section 353.1 of

Title 59 of the Oklahoma Statutes or an agent or representative of a

pharmacy;

10. “Retail pharmacy network” means retail pharmacy providers

contracted with a PBM in which the pharmacy primarily fills and

sells prescriptions via a retail, storefront location;

11. “Rural service area” means a five-digit ZIP code in which

the population density is less than one thousand (1,000) individuals

per square mile;

12. “Spread pricing” means a prescription drug pricing model

utilized by a pharmacy benefits manager in which the PBM charges a

health benefit plan a contracted price for prescription drugs that

Oklahoma Statutes - Title 36. Insurance Page 1432

differs from the amount the PBM directly or indirectly pays the

pharmacy or pharmacist for providing pharmacy services;

13. “Suburban service area” means a five-digit ZIP code in

which the population density is between one thousand (1,000) and

three thousand (3,000) individuals per square mile; and

14. “Urban service area” means a five-digit ZIP code in which

the population density is greater than three thousand (3,000)

individuals per square mile.

B. Nothing in the definitions of pharmacy benefits manager or

pharmacy benefits management as such terms are defined in the

Patient’s Right to Pharmacy Choice Act, the Pharmacy Audit Integrity

Act, or Sections 357 through 360 of Title 59 of the Oklahoma

Statutes shall be construed to deem the following entities to be a

pharmacy benefits manager:

1. An employer of its own self-funded health benefit plan,

except, to the extent permitted by applicable law, where the

employer without the utilization of a third party and unrelated to

the employer’s own pharmacy:

a. negotiates directly with drug manufacturers,

b. processes claims on behalf of its members, or

c. manages its own retail network of pharmacies; or

2. A pharmacy that provides a patient with a discount card or

program that is for exclusive use at the pharmacy offering the

discount.
Okla. Stat. tit. 36, § 36-619 — OK Code / Title 36 / Section 36-619
Discretionary revocation or suspension; civil fines
Status: in_force

Oklahoma Statutes - Title 36. Insurance Page 135

A. The Insurance Commissioner may after opportunity for a

hearing refuse to renew, or may revoke or suspend an insurer's

certificate of authority, in addition to other grounds in this Code,

if the insurer:

1. Violates any provision of this Code other than those as to

which refusal, suspension, or revocation is mandatory;

2. Knowingly fails to comply with any lawful rule or order of

the Insurance Commissioner;

3. Is found by the Insurance Commissioner to be in unsound

condition or in such condition as to render its further transaction

of insurance in this state hazardous to its policyholders or to the

people of this state;

4. Without reasonable cause compels claimants under its

policies to accept less than the amount due them or to bring suit

against it to secure full payment;

5. Refuses to be examined or to produce its accounts, records,

and files for examination by the Insurance Commissioner when

required;

6. Fails to pay any final judgment rendered against it in this

state within thirty (30) days after the judgment becomes final; or

7. Is affiliated with and under the same general management or

interlocking directorate or ownership as another insurer which

transacts direct insurance in this state without having a

certificate of authority therefor, except as permitted to a surplus

line insurer pursuant to Sections 1101 through 1120 of this title.

B. In addition to or in lieu of any applicable revocation or

suspension of an insurer's certificate of authority, any insurer who

knowingly and willfully violates this Code may be subject to a civil

penalty of not more than Five Thousand Dollars ($5,000.00) for each

occurrence.

C. In addition to or in lieu of any sanction, the Commissioner

may require an insurer to restrict its insurance writings, obtain

additional contributions to surplus, withdraw from the state,

reinsure all or part of its business, increase capital, surplus,

deposits or any other account for the security of policyholders or

creditors, or provide independent actuarial review.
Okla. Stat. tit. 36, § 36-5123.1 — OK Code / Title 36 / Section 36-5123.1
Qualified United States financial institution defined
Status: in_force

A. For purposes of paragraph 3 of Section 5123 of Title 36 of

the Oklahoma Statutes, a "qualified United States financial

institution" means an institution that:

1. Is organized or, in case of a United States office of a

foreign banking organization, licensed under the laws of the United

States or any state thereof;

2. Is regulated, supervised and examined by United States

federal or state authorities having regulatory authority over banks

and trust companies; and

3. Has been determined by either the Insurance Commissioner or

the Securities Valuation Office of the National Association of

Insurance Commissioners to meet such standards of financial

condition and standing as are considered necessary and appropriate

Oklahoma Statutes - Title 36. Insurance Page 1052

to regulate the quality of financial institutions whose letters of

credit will be acceptable to the Commissioner.

B. For purposes of the provisions of the Credit for Reinsurance

Act specifying those institutions that are eligible to act as a

fiduciary of a trust, a "qualified United States financial

institution" means an institution that:

1. Is organized or, in the case of a United States branch or

agency office of a foreign banking organization, licensed under the

laws of the United States or any state thereof and has been granted

authority to operate with fiduciary powers; and

2. Is regulated, supervised and examined by federal or state

authorities having regulatory authority over banks and trust

companies.
Okla. Stat. tit. 36, § 36-7002 — OK Code / Title 36 / Section 36-7002
Definitions
Status: in_force

As used in the Health Savings Account Act:

1. “High deductible health plan” means a health plan which

meets the requirements of Section 223(c)(2) of the Internal Revenue

Code as added by Section 1201 of the Medicare Prescription Drug,

Improvement, and Modernization Act of 2003, P.L. 108-173; and

2. “State-mandated health benefits” means coverage for health

care services or benefits, required by state law or state

regulations, requiring the reimbursement or utilization related to a

specific illness, injury, or condition of the covered person, or

inclusion of a specific category of licensed health care

practitioner to be provided to the covered person in a health

benefit plan for a health-related condition of a covered person.

Provided, that for the purposes of the options provided by this act,

state-mandated health benefits which may be excluded in whole or in

part shall not include any health care services or benefits which

are mandated by federal law. “State-mandated health benefits” does

not mean standard provisions or rights required to be present in a

health benefit plan pursuant to state law or state regulations

unrelated to a specific illness, injury or condition of the insured

Oklahoma Statutes - Title 36. Insurance Page 1461

including, but not limited to, those related to continuation of

benefits found in Article 45 of the Oklahoma Insurance Code.
Okla. Stat. tit. 36, § 36-106 — OK Code / Title 36 / Section 36-106
"Insurance Commissioner" defined
Status: in_force

A. When used with reference to administration of this Code,

"Insurance Commissioner" or "Commissioner" means the Insurance

Commissioner of the State of Oklahoma.
Okla. Stat. tit. 36, § 36-1113 — OK Code / Title 36 / Section 36-1113
Records of surplus lines licensees or brokers
Status: in_force

Each surplus lines licensee or broker licensed in Oklahoma shall

keep a full and true record of each surplus lines contract procured

by the surplus lines broker, and such record may be examined at any

time within three (3) years thereafter by the Insurance

Commissioner. The record shall include such information required to

be submitted as established by the Insurance Commissioner in this

article.
Okla. Stat. tit. 36, § 36-2513 — OK Code / Title 36 / Section 36-2513
Statement filed annually with Insurance Commissioner
Status: in_force

Oklahoma Statutes - Title 36. Insurance Page 680

The annual business of each and every corporation, company or

association transacting business under the provisions of this

article shall close on the 31st day of December, of each year, and

it shall, within sixty (60) days thereafter, prepare and file in the

office of the Insurance Commissioner, or other officer having

supervision of insurance matters, a detailed statement, made on

blanks furnished by the Insurance Commissioner, and verified under

oath by the president and secretary of the company or association

giving all information in detail that the Insurance Commissioner may

require, so that its true financial condition may be known.
Okla. Stat. tit. 36, § 36-1471 — OK Code / Title 36 / Section 36-1471
Short title
Status: in_force

This act shall be known and may be cited as the "Managing

General Agents Act".
Okla. Stat. tit. 36, § 36-4071 — OK Code / Title 36 / Section 36-4071
Short title
Status: in_force

This act shall be known and may be cited as the "Oklahoma

Charitable Gift Annuity Act".
Okla. Stat. tit. 36, § 36-1638 — OK Code / Title 36 / Section 36-1638
Commissioner power to participate in supervisory
Status: in_force

colleges.

A. With respect to any insurer registered under Section 5 of

this act, and in accordance with subsection C of this section, the

Commissioner shall also have the power to participate in a

supervisory college for any domestic insurer that is part of an

insurance holding company system with international operations in

order to determine compliance by the insurer with Title 36 of the

Oklahoma Statutes. The powers of the Commissioner with respect to

supervisory colleges include, but are not limited to, the following:

1. Initiating the establishment of a supervisory college;

2. Clarifying the membership and participation of other

supervisors in the supervisory college;

3. Clarifying the functions of the supervisory college and the

role of other regulators, including the establishment of a group-

wide supervisor;

4. Coordinating the ongoing activities of the supervisory

college, including planning meetings, supervisory activities, and

processes for information sharing; and

5. Establishing a crisis management plan.

B. Each registered insurer subject to this section shall be

liable for and shall pay the reasonable expenses of the

Commissioner's participation in a supervisory college in accordance

with subsection C of this section, including reasonable travel

expenses. For purposes of this section, a supervisory college may

be convened as either a temporary or permanent forum for

communication and cooperation between the regulators charged with

the supervision of the insurer or its affiliates, and the

Commissioner may establish a regular assessment to the insurer for

the payment of these expenses.

C. In order to assess the business strategy, financial

position, legal and regulatory position, risk exposure, risk

management and governance processes, and as part of the examination

of individual insurers in accordance with Section 7 of this act, the

Oklahoma Statutes - Title 36. Insurance Page 480

Commissioner may participate in a supervisory college with other

regulators charged with supervision of the insurer or its

affiliates, including other state, federal and international

regulatory agencies. The Commissioner may enter into agreements in

accordance with subsection C of Section 10 of this act providing the

basis for cooperation between the Commissioner and the other

regulatory agencies, and the activities of the supervisory college.

Nothing in this section shall delegate to the supervisory college

the authority of the Commissioner to regulate or supervise the

insurer or its affiliates within its jurisdiction.
Okla. Stat. tit. 36, § 36-2721.1 — OK Code / Title 36 / Section 36-2721.1
Investments
Status: in_force

A society shall invest its funds only in such investments as are

authorized by the laws of this state for the investment of assets of

life insurers and subject to the limitations thereon. Any foreign

or alien society permitted or seeking to do business in this state

which invests its funds in accordance with the laws of the state,

district, territory, country or province in which it is

incorporated, shall be held to meet the requirements of this section

for the investment of funds.
Okla. Stat. tit. 36, § 36-618 — OK Code / Title 36 / Section 36-618
Mandatory revocation or suspension
Status: in_force

The Insurance Commissioner shall refuse to renew or shall revoke

or suspend an insurer's certificate of authority:

1. If such action is required by any provision of this Code, or

2. If the insurer no longer meets the requirements for the

authority originally granted, on account of deficiency in assets or

otherwise.
Okla. Stat. tit. 36, § 36-6150 — OK Code / Title 36 / Section 36-6150
Payment of taxes
Status: in_force

A. Coincident with the filing of the annual report prescribed

by Section 9 of this act, each prepaid dental plan organization

shall pay to the State Treasurer through the Commissioner a tax for

transacting a prepaid dental plan. The obligation shall be

determined as follows:

1. If a domestic organization, two percent (2%) of prepaid net

charges received from members in this state.

2. If a foreign organization, two percent (2%) of prepaid net

charges received from members in this state.

B. An organization may offset this tax in whole or in part by

payment of state corporate income tax, as provided for in Section

2355 of Title 68 of the Oklahoma Statutes. However, an organization

shall not be able to carry over to a succeeding year any credit for

paying corporate income tax not used during a year.
Okla. Stat. tit. 36, § 36-677 — OK Code / Title 36 / Section 36-677
Confidential information
Status: in_force

Oklahoma Statutes - Title 36. Insurance Page 187

A. Any documents, materials, or other information in the

control or possession of the Insurance Department that are furnished

by a licensee or an employee or agent thereof acting on behalf of a

licensee pursuant to the provisions of Section 4 and Section 6 of

this act or that are obtained by the Insurance Commissioner in an

investigation or examination pursuant to Section 7 of this act shall

be confidential by law and privileged, shall not be subject to the

Oklahoma Open Records Act, shall not be subject to subpoena, and

shall not be subject to discovery or admissible in evidence in any

private civil action. However, the Commissioner is authorized to

use the documents, materials, or other information in the

furtherance of any regulatory or legal action brought as a part of

the Commissioner’s duties. The Commissioner shall not otherwise

make the documents, materials, or other information public without

the prior written consent of the licensee.

B. Neither the Commissioner nor any person who received

documents, materials, or other information while acting under the

authority of the Commissioner shall be permitted or required to

testify in any private civil action concerning any confidential

documents, materials, or information subject to subsection A of this

section.

C. In order to assist in the performance of the duties of the

Commissioner under this act, the Commissioner:

1. May share documents, materials, or other information

including the confidential and privileged documents, materials, or

information subject to subsection A of this section, with other

state, federal, and international regulatory agencies, with the

National Association of Insurance Commissioners and its affiliates

or subsidiaries and with state, federal, and international law

enforcement authorities; provided, that the recipient agrees in

writing to maintain the confidentiality and privileged status of the

document, material, or other information;

2. May receive documents, materials, or information including

otherwise confidential and privileged documents, materials, or

information, from the National Association of Insurance

Commissioners, its affiliates or subsidiaries, and from regulatory

and law enforcement officials of other foreign or domestic

jurisdictions, and shall maintain as confidential or privileged any

document, material, or information received with notice or the

understanding that it is confidential or privileged under the laws

of the jurisdiction that is the source of the document, material, or

information;

3. May share documents, materials, or other information subject

to subsection A of this section, with a third-party consultant or

vendor; provided, the consultant agrees in writing to maintain the

confidentiality and privileged status of the document, material, or

other information; and

Oklahoma Statutes - Title 36. Insurance Page 188

4. May enter into agreements governing sharing and use of

information consistent with this subsection.

D. No waiver of any applicable privilege or claim of

confidentiality in the documents, materials, or information shall

occur as a result of disclosure to the Insurance Commissioner under

this section or as a result of sharing as authorized in subsection C

of this section.

E. Nothing in this act shall prohibit the Commissioner from

releasing final, adjudicated actions that are open to public

inspection pursuant to the Oklahoma Open Records Act, to a database

or other clearinghouse service maintained by the National

Association of Insurance Commissioners, its affiliates, or

subsidiaries.

F. Documents, materials, or other information in the possession

or control of the National Association of Insurance Commissioners or

a third-party consultant or vendor pursuant to this act shall not be

construed to be public information, shall not be subject to the

Oklahoma Open Records Act, shall not be subject to subpoena, and

shall not be subject to discovery or admissible as evidence in any

private civil action.
Okla. Stat. tit. 36, § 36-1216 — OK Code / Title 36 / Section 36-1216
Prohibitions and regulations concerning use of certain
Status: in_force

types of policy forms, policy provisions and annuity contracts.

In accordance with the purpose expressed in Section 1 of this

act, the use of certain types of policy forms, policy provisions and

annuity contracts shall be subject to the following prohibitions and

regulations:

1. No life insurance policy or annuity contract containing a

series of guaranteed annual endowment benefits evidenced by coupons,

passbooks or similar devices generally identified with investment or

banking operations shall be approved for use, and no such policy or

contract heretofore approved shall be issued or delivered in this

state after January 15, 1974;

2. No life insurance policy or annuity contract containing a

series of guaranteed annual endowment benefits shall be approved for

use and no such policy or contract heretofore approved shall be

issued or delivered in this state after January 15, 1974, unless the

following requirements are satisfied:

a. the gross premium for the guaranteed annual

endowment benefit shall be shown conspicuously and separately in the

Oklahoma Statutes - Title 36. Insurance Page 283

policy, distinct from the gross premium for the life insurance

benefits and, unless the gross premium is so prominently and

separately shown on the schedule of benefits and premiums page in

the policy, the language shall be sub stantially in the following

form: "The premium shown includes an additional (annual, semiannual,

quarterly, monthly, etc.) premium of $_____ for endowment benefits,"

b. the insured shall be entitled to withdraw the

guaranteed annual endowment benefits not less frequently than at the

end of each policy year. The number of one-year guaranteed

endowment benefits shall equal the number of annual premiums for

such benefits unless the insurance contract clearly and distinctly

provides otherwise,

c. payment of any guaranteed annual endowment

benefits shall not be made contingent on the payment of premiums

falling due on or after the time the guaranteed annual endowment

benefit has matured,

d. the separately stated gross premium for the

series of guaranteed annual endowment benefits shall be based on

reasonable assumptions, consistent with the basic policy form as to

interest, mortality and expense,

e. the guaranteed annual endowment benefit shall be

expressed in dollars, both in the policy and in any sales or

advertising material relating thereto, and not as a percentage of

any premium or benefit,

f. no guaranteed annual endowment benefit shall be

described, either in the policy or in any sales or advertising

material, as anything other than a guaranteed benefit for which a

premium is being paid by the policyholder, and

g. at the time the policy form is filed with the

Insurance Department for approval, said policy form shall be

accompanied by all sales, advertising or other material which the

insurer proposes to use in connection with the sale of such policy;

such sales, advertising or other material shall be approved by the

State Insurance Commissioner.

Nothing in this subsection shall apply to any policy in which the

amount of any endowment or periodic benefit or benefits payable

during any policy year is greater than the total annual premium for

such year;

3. No coupon policy shall be approved or issued in this state

after the effective date of this act, nor shall any coupon policy

heretofore approved be issued or delivered in this state after

January 15, 1974;

4. No profit-sharing policy shall be approved for use in this

state after the effective date of this act, nor shall any profit-

sharing policy heretofore approved be issued or delivered in this

state after January 15, 1974. Nothing contained in this section

Oklahoma Statutes - Title 36. Insurance Page 284

shall apply to variable annuity contracts to the extent that such

are permitted under the laws of this state.

This subsection shall not be construed to restrict or prohibit

the sale in this state of any participating life insurance policy

where the dividend or abatement of premium is derived solely from

the profits of that class of participating business;

5. No charter, founders or coupon policy or policy with a name

of similar connotation shall be approved for use in this state after

the effective date of this act and no charter, founders or coupon

policy or policy with a name of similar connotation heretofore

approved shall be issued or delivered in this state after January

15, 1974; and

6. No annual endowment shall be described as being a

guaranteed dividend, nor as earnings on the premium investment.

Nothing in this section shall be construed to prohibit a

representation that a holder of a participating life insurance

policy or annuity contract will participate in the share of the

divisible surplus, if any, apportioned to the policy or contract by

the insurer.
Okla. Stat. tit. 36, § 36-6060.8a — OK Code / Title 36 / Section 36-6060.8a
Colorectal cancer coverage
Status: in_force

A. Any health benefit plan, including the State and Education

Employees Group Health Insurance Plan, that is offered, issued or

renewed in this state on or after January 1, 2002, which provides

medical and surgical benefits, shall offer coverage for colorectal

cancer examinations and laboratory tests for cancer for any

nonsymptomatic covered individual, in accordance with standard,

accepted published medical practice guidelines for colorectal cancer

screening, who is:

1. At least fifty (50) years of age; or

2. Less than fifty (50) years of age and at high risk for

colorectal cancer according to the standard, accepted published

medical practice guidelines.

B. The coverage provided for by this section shall be subject

to the same annual deductibles, co-payments or coinsurance limits as

established for other covered benefits under the health plan.

Oklahoma Statutes - Title 36. Insurance Page 1099

C. To minimize costs for nonsymptomatic screening, third-party

reimbursement may be at the existing Medicaid rate which shall be

payment in full.

D. As used in this section, “health benefit plan” means any

plan or arrangement as defined in subsection C of Section 6060.4 of

this title; provided, however, the provisions of this section shall

not apply to policies or certificates issued to individuals or to

groups with fifty (50) or fewer employees, or to plans offered under

the state Medicaid program.
Okla. Stat. tit. 36, § 36-6977 — OK Code / Title 36 / Section 36-6977
Certificate of authority to operate as prepaid vision
Status: in_force

plan organization.

A. No person, organization, or entity, unless authorized

pursuant to an approved certificate of authority under Section 7 of

this act, shall establish or operate a prepaid vision plan

organization in this state or sell, offer to sell, solicit offers to

purchase, or receive advance or periodic consideration in

conjunction with a prepaid vision plan without obtaining and

maintaining a certificate of authority.

B. On or before February 1, 2025, every prepaid vision plan

organization operating in this state shall submit an application for

a certificate of authority to the Insurance Commissioner. Each

applicant may continue to operate as an organization until the

Commissioner acts upon the application.

Oklahoma Statutes - Title 36. Insurance Page 1452

C. An application for a certificate of authority to operate as

a prepaid vision plan organization shall be electronically filed

with the Insurance Commissioner in the form and manner prescribed by

the Commissioner, along with any transaction or other applicable

fees. The application shall be verified by an officer or authorized

representative of the applicant and shall set forth or be

accompanied by:

1. A copy of any documents of organization of the applicant

such as the articles of incorporation, articles of association,

partnership agreement, trust agreement, or other applicable

documents, with all amendments to the documents;

2. A copy of any bylaws, rules, regulations, or similar

documents regulating the conduct of the internal affairs of the

applicant;

3. A list of the names, addresses, and official positions of

the persons who are responsible for the conduct of the business

affairs of the applicant, including all members of the board of

directors, board of trustees, executive committee, or other

governing board or committee, and the principal officers, in the

case of a corporation, or the partners or members in the case of a

partnership or association;

4. A copy of the form of any contract made or to be made

between any providers of vision services or persons listed in

paragraph 3 of this subsection and the applicant;

5. A statement generally describing the prepaid vision plan

organization, the facilities, personnel of the organization, and

prepaid vision plans offered by the organization;

6. A copy of the form of individual or group coverage or a copy

of any form of evidence of coverage to be issued to enrollees;

7. Financial statements showing assets, liabilities, and

sources of financial support of the applicant. If the financial

affairs of the applicant are audited by independent certified public

accountants, a copy of the most recent regular certified financial

statement for the applicant shall satisfy the requirement of this

paragraph, unless the Commissioner determines that additional or

more recent financial information is required;

8. A description of the proposed method of marketing the

prepaid vision plan, a financial prospectus which includes a three-

year projection of the initial operating results anticipated, and a

statement as to the sources of working capital available for the

operation of the prepaid vision plan and any other source of

funding;

9. A power of attorney, duly executed by the applicant if not

domiciled in this state, appointing the Commissioner as the true and

lawful representative for service of process for the applicant in

this state upon whom all lawful process in any legal action or

Oklahoma Statutes - Title 36. Insurance Page 1453

proceeding against the prepaid vision plan organization on a cause

of action arising in this state may be served;

10. A fee of One Hundred Dollars ($100.00) for issuance of a

certificate of authority; and

11. Any other information as the Commissioner may require.

D. Within ten (10) days following any modification of

information previously furnished as required by subsection C of this

section, a prepaid vision plan organization shall file a notice of

the modification with the Commissioner, in the form and manner

prescribed by the Commissioner, along with any applicable fees.

E. Any service of legal process against a prepaid vision plan

organization served upon the Commissioner shall comply with all

requirements set forth pursuant to Section 622 of Title 36 of the

Oklahoma Statutes for legal processes against a foreign or alien

insurer.
Okla. Stat. tit. 36, § 36-3002 — OK Code / Title 36 / Section 36-3002
Attorneys; office. - "Attorneys" defined
Status: in_force

Policies of insurance may be executed by an attorney or by an

attorney-in-fact, or other representative, hereby designated

"attorney," authorized by and acting for such underwriters under

power of attorney. The principal office of such attorneys shall be

Oklahoma Statutes - Title 36. Insurance Page 751

maintained at such place as may be designated by the underwriters in

their articles of agreement; provided, that no license shall be

issued to any attorney at Lloyd's to bind risks or insurance in

Oklahoma, or with citizens of Oklahoma, or covering property in

Oklahoma, unless their attorneys-in-fact be residents of this state

and maintain their offices in this state, except as may be

hereinafter specifically provided.
Okla. Stat. tit. 36, § 36-6530.3 — OK Code / Title 36 / Section 36-6530.3
Eligible persons
Status: in_force

Except as otherwise provided in this section, any person who is

qualified for and enrolled in coverage through the market and is a

permanent resident of the State of Oklahoma shall be eligible for

coverage under the Oklahoma Individual Health Insurance Market

Stabilization Program except that:

1. No person who is currently receiving or is entitled to

receive health care benefits under any other federal or state

program providing financial assistance or preventive and

rehabilitative social services is eligible for coverage under the

Program; and

2. No inmate incarcerated in any state penal institution or

confined to any narcotic detention, treatment and rehabilitation

facility shall be eligible for coverage under the Program.
Okla. Stat. tit. 36, § 36-6908 — OK Code / Title 36 / Section 36-6908
Group or individual contract - Delivery - Required
Status: in_force

provisions - Evidence of coverage - Filing and review of forms.

A. 1. Every group and individual contract holder is entitled

to a group or individual contract which may be delivered through

electronic means or methods; provided, a member may request a

printed copy from the health maintenance organization if the member

cannot view and print such electronic copy.

2. The contract shall not contain provisions or statements

which are unjust, unfair, inequitable, misleading, deceptive, or

which encourage misrepresentation as defined by Articles 12 and 12A-

1 of the Insurance Code.

3. The contract shall contain a clear statement of the

following:

a. the name and address of the health maintenance

organization,

b. eligibility requirements,

c. benefits and services within the service area,

d. emergency care benefits and services,

e. out of area benefits and services, if any,

f. copayments, deductibles or other out-of-pocket

expenses,

g. limitations and exclusions,

h. enrollee termination,

i. enrollee reinstatement, if any,

j. claims procedures,

k. enrollee grievance procedures,

l. continuation of coverage,

m. conversion,

n. extension of benefits, if any,

o. coordination of benefits, if applicable,

p. subrogation, if any,

q. description of the service area,

r. entire contract provision,

s. term of coverage,

t. cancellation of group or individual contract holder,

u. renewal,

v. reinstatement of group or individual contract holder,

if any,

w. grace period, and

Oklahoma Statutes - Title 36. Insurance Page 1393

x. conformity with state law.

An evidence of coverage may be filed as part of the group

contract to describe the provisions required in this paragraph.

B. In addition to those provisions required in paragraph 3 of

subsection A of this section, an individual contract shall provide

for a ten-day period to examine and return the contract and to

refund any premiums. If services were received during the ten-day

period, and the subscriber returns the contract to receive a refund

of the premium paid, he or she must pay for those services.

C. 1. Every subscriber shall receive an evidence of coverage

from the group contract holder or the health maintenance

organization.

2. The evidence of coverage shall not contain provisions or

statements that are unfair, unjust, inequitable, misleading,

deceptive, or that encourage misrepresentation as defined by

Articles 12 and 12A-1 of the Insurance Code.

3. The evidence of coverage shall contain a clear statement of

the provisions required in paragraph 3 of subsection A of this

section.

D. Every health maintenance organization doing business in this

state shall comply with the provisions of Article 36A of the

Insurance Code.

E. No group or individual contract, evidence of coverage or

amendment thereto, shall be delivered or issued for delivery in this

state, unless its form has been filed with and approved by the

Insurance Commissioner, subject to the provisions of subsections F

and G of this section.

F. If an evidence of coverage issued pursuant to and

incorporated in a contract issued in this state is intended for

delivery in another state and the evidence of coverage has been

approved for use in the state in which it is to be delivered, the

evidence of coverage need not be submitted to the Insurance

Commissioner of this state for approval.

G. 1. Every form required by this section shall be filed with

the Insurance Commissioner not less than thirty (30) days prior to

delivery or issue for delivery in this state. At any time during

the initial thirty-day period, the Insurance Commissioner may extend

the period for review an additional thirty (30) days. Notice of an

extension shall be in writing. At the end of the review period, the

form is deemed approved if the Insurance Commissioner has taken no

action. The filer must notify the Insurance Commissioner in writing

prior to using a form that is deemed approved.

2. At any time, after thirty (30) days' notice and for cause

shown, the Insurance Commissioner may withdraw approval of a form,

effective at the end of the thirty (30) days.

3. When a filing is disapproved or approval of a form is

withdrawn, the Insurance Commissioner shall give the health

Oklahoma Statutes - Title 36. Insurance Page 1394

maintenance organization written notice of the reasons for

disapproval and in the notice shall inform the health maintenance

organization that within thirty (30) days of receipt of the notice

the health maintenance organization may request a hearing. A

hearing shall be conducted within thirty (30) days after the

Insurance Commissioner has received the request for hearing.

H. The Insurance Commissioner may require the submission of

relevant information he or she deems necessary in determining

whether to approve or disapprove a filing made pursuant to this

section.
Okla. Stat. tit. 36, § 36-706 — OK Code / Title 36 / Section 36-706
"Vehicle insurance" defined
Status: in_force

"Vehicle insurance" is insurance against loss of or damage to

any land vehicle or aircraft or any draft or riding animal or to

property while contained therein or thereon or being loaded or

unloaded therein or therefrom, from any hazard or cause, and against

any loss, liability or expense resulting from or incident to

ownership, maintenance or use of any such vehicle, aircraft or

animal; together with insurance against accidental death or

accidental injury to individuals, including the named insured, while

in, entering, alighting from, adjusting, repairing, cranking, or

Oklahoma Statutes - Title 36. Insurance Page 192

caused by being struck by a vehicle, aircraft or draft or riding

animal, if such insurance is issued as a part of insurance on the

vehicle, aircraft or draft or riding animal.
Okla. Stat. tit. 36, § 36-109 — OK Code / Title 36 / Section 36-109
Compliance required
Status: in_force

A. No person shall transact a business of insurance in Oklahoma

without complying with the applicable provisions of this Code.

B. Any person and organization subject to the jurisdiction of

the Insurance Commissioner, upon receipt of any inquiry from the

Commissioner shall, within twenty (20) calendar days from the date

of receipt of the inquiry, furnish the Commissioner with an adequate

response to the inquiry. Any inquiry or response subject to this

subsection shall be delivered electronically.

C. All persons and organizations subject to the jurisdiction of

the Commissioner shall keep any contact information deemed necessary

by the Commissioner on file with the Insurance Department. Contact

information shall be kept current and be submitted electronically in

the manner and form prescribed by the Commissioner, along with any

applicable fees. Any change in contact information shall be

submitted within twenty (20) days of the change.
Okla. Stat. tit. 36, § 36-1214 — OK Code / Title 36 / Section 36-1214
Fair disclosure - Protection against misleading sales
Status: in_force

methods.

The purpose of this act is to assure fair disclosure of relevant

facts in the sale of life insurance and annuity contracts. This act

is also designed to protect citizens of the State of Oklahoma as

purchasers and prospective purchasers of life insurance policies or

annuity contracts against the use of sales methods which are

misleading because of:

1. The omission of facts fairly describing the subject matter

as a life insurance policy or annuity contract and the benefits

obtainable thereunder;

2. An undue emphasis upon facts which, even though correct, are

not relevant to the sale of life insurance or annuities; or

3. An undue emphasis upon features which are of incidental or

secondary importance to the life insurance aspects of a policy.

This act is deemed necessary for the effectuation of Section

1201 et seq., Title 36, Oklahoma Statutes, known as the Unfair

Practices and Frauds Act; Section 1401 et seq., Title 36, Oklahoma

Statutes; and Sections 2741 and 2742, Title 36, Oklahoma Statutes;

and shall be construed as supplemental and cumulative to existing

laws.
Okla. Stat. tit. 36, § 36-1938 — OK Code / Title 36 / Section 36-1938
Delinquency proceedings – Procedures - Compensation of
Status: in_force

personnel.

A. Upon written notice to the receiver, a person shall be

placed on the service list to receive notice of matters filed by the

receiver. It shall be the responsibility of the person requesting

notice to inform the receiver in writing of any changes to his or

her address, or to request that his or her name be deleted from the

service list. The receiver may require that the persons on the

service list provide confirmation that they wish to remain on the

service list. Any person who fails to confirm his or her intent to

remain on the service list may be purged from the service list.

Inclusion on the service list does not confer standing in the

delinquency proceeding to raise, appear, or be heard on any issue.

B. Except as otherwise provided by this act, notice and hearing

of any matter submitted by the receiver to the receivership court

for approval under this act shall be conducted as follows:

Oklahoma Statutes - Title 36. Insurance Page 567

1. The receiver shall file an application explaining the

proposed action and the basis therefor. The receiver may include

any evidence in support of the application. If the receiver

determines that any documents supporting the application are

confidential, the receiver may submit them to the receivership court

under seal for in-camera inspection;

2. The receiver shall provide notice of the application to all

persons on the service list and any other parties as determined by

the receiver. Notice may be provided by first-class mail, postage

paid, electronic mail, or facsimile transmission, at the receiver's

discretion. For purposes of this section, notice is deemed to be

given on the date that it is deposited with the U.S. Postmaster or

transmitted, as applicable, to the last-known address as shown on

the service list;

3. Any party in interest objecting to the application shall

file an objection specifying the grounds therefor within fourteen

(14) days or such longer time as the court may specify in the notice

of the filing of the application and shall serve copies on the

receiver and any other persons served with the application within

the same time period. An objecting party shall have the burden of

showing why the receivership court should not authorize the proposed

action;

4. If no objection to the application is timely filed, the

receivership court may enter an order approving the application

without a hearing or hold a hearing to determine if the receiver's

application should be approved. The receiver may request that the

receivership court enter an order or hold a hearing on an expedited

basis; and

5. If an objection is timely filed, the receivership court may

hold a hearing. If the receivership court approves the application

and, upon a motion by the receiver, determines that the objection

was frivolous or filed merely for delay or for other improper

purpose, the receivership court shall order the objecting party to

pay the receiver's reasonable costs and fees of defending the

action.

C. In any proceeding commenced against an insurer pursuant to

Article 18 by a judicial proceeding or Article 19 of this title for

the purpose of liquidating, rehabilitating, reorganizing or

conserving such insurer, hereinafter called delinquency proceeding,

the compensation of personnel employed or retained to assist the

Insurance Commissioner with the proceeding shall be approved by the

court before the compensation may be paid. The Insurance

Commissioner shall apply to the court for approval; provided, if any

board or association is authorized by the Commissioner to provide

assistance to the Commissioner, the board or association shall apply

to the court.

Oklahoma Statutes - Title 36. Insurance Page 568

D. Upon receiving the application for approval of compensation,

the party responsible for the filing of the application shall cause

notice in writing of the application, time to file objections, and

hearing if there are objections, to be served upon the following

persons not less than ten (10) days before the objection period

expires:

1. The persons or firms requesting the compensation;

2. The Commissioner, if not the applicant; and

3. Ten persons, or such lesser number as there may be, who hold

the largest number of shares in the insurance company involved in

the delinquency proceeding, as indicated by the company's stock

register as of the time that the company was placed under

supervision pursuant to Section 1804 of this title or at the time

that an application was filed with the court for the commencement of

a delinquency proceeding pursuant to Section 1903 of this title.

Said shareholders shall serve as representatives of the insurance

company.

E. The notice shall state the time to file objections and place

of the hearing if there are objections, the reasons for the hearing

and the following rights of any party served with notice:

1. To appear in person at the hearing or to be represented by

counsel;

2. To testify under oath, call witnesses to testify, and

furnish documentary evidence, relevant to the determination of the

compensation;

3. To cross-examine witnesses and have a reasonable opportunity

to inspect all documentary evidence; and

4. To subpoena witnesses and compel the production of testimony

and documents, relevant to the determination of the compensation.

The person making service shall make an affidavit of such service

and file the notice and affidavit with the court.

F. At the hearing, the court shall fully investigate the

compensation of persons employed or retained to assist the Insurance

Commissioner with the conduct of the delinquency proceeding. The

court shall not approve the compensation until it has been made to

appear to the satisfaction of the court, based upon competent

evidence, that such compensation is justified.
Okla. Stat. tit. 36, § 36-6224 — OK Code / Title 36 / Section 36-6224
Public insurance adjuster – Total commission payable
Status: in_force

Under any method of compensation, the total commission payable

to a public insurance adjuster, including expenses, direct costs, or

any other costs accrued by the public insurance adjuster, shall not

exceed ten percent (10%) of the amount of the insurance settlement

when adjusting for entities subject to The Governmental Tort Claims

Act, Section 151 et seq. of Title 51 of the Oklahoma Statutes.
Okla. Stat. tit. 36, § 36-7302 — OK Code / Title 36 / Section 36-7302
Dental insurance plans - Contracting entity requirements
Status: in_force

A. As used in this section:

1. "Contracting entity" means any person or entity that is

engaged in the act of contracting with providers for the delivery of

dental services or the selling or assigning of dental plans to other

dental care entities;

2. "Identify" means providing in writing, by email or

otherwise, to the participating provider the name, address and

telephone number, to the extent possible, for any third party to

which the contracting entity has granted access to the dental

services of the participating provider;

3. "Network plan" means dental plans offered by a health

insurance issuer under which the financing and delivery of dental

services are provided in whole or in part through a defined set of

participating providers under contract with the health insurance

issuer;

4. "Participating provider" means a provider who, under a

contract with a contracting entity, has agreed to provide dental

services with an expectation of receiving payment, other than

Oklahoma Statutes - Title 36. Insurance Page 1503

coinsurance, copayments or deductibles, directly or indirectly, from

the contracting entity; and

5. "Provider" means any person licensed by the Board of

Dentistry pursuant to the provisions of Section 328.21 of Title 59

of the Oklahoma Statutes.

B. A contracting entity shall not sell, assign or otherwise

grant access to the dental services of a participating provider

under any health care contract unless expressly authorized by the

health care contract. The health care contract shall specifically

provide that one purpose of the contract is the selling, assigning

or giving the contracting entity rights to the services of the

participating provider, including network plans.

C. Upon entering a contract with a participating provider and

upon request by a participating provider, a contracting entity shall

properly identify any third party that has been granted access to

the dental services of the participating provider.

D. A contracting entity that sells, assigns or otherwise grants

access to the dental services of a participating provider shall

maintain an Internet website or a toll-free telephone number through

which the participating provider may obtain information which

identifies the insurance carrier to be used to reimburse the

participating provider for the covered dental services.

E. A contracting entity that sells, assigns or otherwise grants

access to a participating provider's dental services shall ensure

that an explanation of benefits or remittance advice furnished to

the participating provider that delivers dental services under the

health care contract identifies the contractual source of any

applicable discount.

F. All third parties that have contracted with a contracting

entity to purchase, be assigned or otherwise be granted access to

the participating provider's discounted rate shall comply with the

participating provider's contract, including all requirements to

encourage access to the participating provider, and pay the

participating provider pursuant to the rates of payment and

methodology set forth in that contract, unless otherwise agreed to

by a participating provider.

G. A contracting entity is deemed in compliance with this

section when the insured's identification card provides information

which identifies the insurance carrier to be used to reimburse the

participating provider for the covered dental services.
Okla. Stat. tit. 36, § 36-2002 — OK Code / Title 36 / Section 36-2002
Purpose of act
Status: in_force

A. The purpose of the Oklahoma Property and Casualty Insurance

Guaranty Association Act is to provide a mechanism for the payment

of covered claims under certain insurance policies, to avoid

excessive delay in payment, and to the extent provided in this act,

minimize financial loss to claimants or policyholders because of the

insolvency of an insurer, and to provide an association to assess

the cost of protection among insurers.

B. The Oklahoma Property and Casualty Insurance Guaranty

Association Act shall be construed to effect the purpose provided

for in subsection A of this section which shall constitute an aid

and guide to interpretation of the Oklahoma Property and Casualty

Insurance Guaranty Association Act.
Okla. Stat. tit. 36, § 36-4213 — OK Code / Title 36 / Section 36-4213
Beneficiary; change of beneficiary; payment of proceeds
Status: in_force

A. Each such policy shall have a space on the front or back

page of the policy for the name of the beneficiary designated; and

shall contain a reservation of the right to designate or change the

beneficiary after the issuance of the policy.

B. The policy may also provide that no designation or change of

beneficiary shall be binding on the insurer unless endorsed on the

policy by the insurer, and that the insurer may refuse to endorse

the name of any proposed beneficiary who does not appear to the

insurer to have an insurable interest in the life of the insured.

Such a policy may also provide that if the beneficiary designated in

the policy does not surrender the policy with due proof of death

within the period stated in the policy, which shall be not less than

Oklahoma Statutes - Title 36. Insurance Page 933

thirty (30) days after the death of the insured, or if the

beneficiary is the estate of the insured or is a minor, or dies

before the insured, or is not legally competent to give a valid

release, then the insurer may make payment thereunder to the

executor or administrator of the insured, or to any of the insured's

relatives by blood or legal adoption or connection by marriage, or

to any person appearing to the insurer to be equitably entitled

thereto by reason of having been named beneficiary, or by reason of

having incurred expense for the maintenance, medical attention or

burial of the insured. Such policy may also include a similar

provision applicable to any other payment due under the policy.
Okla. Stat. tit. 36, § 36-3640 — OK Code / Title 36 / Section 36-3640
Definitions - Denial of form - Certificate of insurance
Status: in_force

A. As used in this section:

1. “Certificate” or “certificate of insurance” means any

document or instrument, no matter how titled or described, which is

prepared or issued by an insurer or insurance producer as evidence

of property or casualty insurance coverage. “Certificate” or

“certificate of insurance” shall not include a policy of insurance

or insurance binder;

2. “Certificate holder” means any person, other than a

policyholder, that requests, obtains, or possesses a certificate of

insurance;

3. “Insurance producer” shall be defined as provided in Section

1435.2 of Title 36 of the Oklahoma Statutes;

4. “Insurer” shall be defined as provided in Section 103 of

Title 36 of the Oklahoma Statutes; and

5. “Policyholder” means a person who has contracted with a

property or casualty insurer for insurance coverage.

B. No person may prepare, issue, or request the issuance of a

certificate of insurance unless the form has been filed with and

approved by the Insurance Commissioner, except as provided in

subsection E of this section. No person may alter or modify an

approved certificate of insurance form.

C. The Commissioner shall disapprove a form filed pursuant to

this section, or withdraw approval of a form, if the form:

1. Is unjust, unfair, misleading, or deceptive, or violates

public policy;

2. Fails to comply with the requirements of subsection D of

this section; or

3. Violates any law, including any regulation adopted by the

Insurance Commissioner.

D. Each certificate of insurance shall contain the following or

similar statement: “This certificate of insurance is issued as a

matter of information only and confers no rights upon the

certificate holder. This certificate does not amend, extend, or

Oklahoma Statutes - Title 36. Insurance Page 817

alter the coverage, terms, exclusions, and conditions afforded by

the policies referenced herein.”

E. Standard certificate of insurance forms promulgated by the

Association of Cooperative Operations Research and Development or

the Insurance Services Office are deemed approved by the Insurance

Commissioner and shall not be required to be filed if the forms

otherwise comply with the requirements of this section.

F. No person, wherever located, shall demand or require the

issuance of a certificate of insurance from an insurer, insurance

producer, or policyholder which contains any false or misleading

information concerning the policy of insurance to which the

certificate makes reference.

G. No person, wherever located, may knowingly prepare or issue

a certificate of insurance that contains any false or misleading

information or that purports to affirmatively or negatively alter,

amend, or extend the coverage provided by the policy of insurance to

which the certificate makes reference.

H. No person may prepare, issue, demand, or require, either in

addition to or in lieu of a certificate of insurance, an opinion

letter or other document or correspondence that is inconsistent with

this section; provided, however, an insurer or insurance producer

may prepare or issue an addendum to a certificate that clarifies and

explains the coverages provided by a policy of insurance and

otherwise complies with the requirements of this section.

I. The provisions of this section apply to all certificate

holders, policyholders, insurers or insurance producers with regard

to a certificate of insurance issued on property or casualty

operations or a risk located in this state, regardless of where the

certificate holder, policyholder, insurer or insurance producer is

located. These provisions shall not be construed to apply to:

1. Evidence of insurance required by a lender in a lending

transaction involving:

a. a mortgage,

b. a lien,

c. a deed or trust, or

d. any other security interest in real or personal

property as security for a loan;

2. A certificate issued under:

a. a group or individual policy for:

(1) life insurance,

(2) credit insurance,

(3) accident and health insurance,

(4) long-term care benefit insurance, or

(5) Medicare supplement insurance, or

b. an annuity contract; or

Oklahoma Statutes - Title 36. Insurance Page 818

3. Standard proof of motor vehicle liability insurance pursuant

to the requirements of Section 3636 of Title 36 of the Oklahoma

Statutes.

J. A certificate of insurance is not a policy of insurance and

does not affirmatively or negatively amend, extend, or alter the

coverage afforded by the policy to which the certificate of

insurance makes reference. A certificate of insurance shall not

confer to a certificate holder new or additional rights beyond what

the referenced policy of insurance expressly provides.

K. No certificate of insurance shall contain references to

contracts, including construction or service contracts, other than

the referenced contract of insurance. Notwithstanding any

requirements, term, or condition of any contract or other document

with respect to which a certificate of insurance may be issued or

may pertain, the insurance afforded by the referenced policy of

insurance shall be subject to all the terms, exclusions and

conditions of the policy itself.

L. A certificate holder shall only have a legal right to notice

of cancellation, nonrenewal, or any material change, or any similar

notice concerning a policy of insurance if the person is named

within the policy or any endorsement as an additional insured and

the policy or endorsement requires notice to be provided. The terms

and conditions of the notice, including the required timing of the

notice, are governed by the policy of insurance and cannot be

altered by a certificate of insurance.

M. An insurance producer who is not associated with an

insurer’s captive distribution system may charge a reasonable

service fee for issuing a certificate to a policy holder or

certificate holder.

N. Any certificate of insurance or any other document or

correspondence prepared, issued, demanded, or required in violation

of this section shall be null and void and of no force and effect.

O. Any person who violates this section may be fined up to One

Thousand Dollars ($1,000.00) per violation.

P. The Commissioner shall have the authority to examine and

investigate the activities of any person that the Commissioner

reasonably believes has been or is engaged in an act or practice

prohibited by this section. The Commissioner shall have the

authority to enforce the provisions of this section and impose any

authorized penalty or remedy against any person who violates this

section.

Q. The Commissioner may adopt reasonable rules and regulations

as are necessary or proper to carry out the provisions of this

section.
Okla. Stat. tit. 36, § 36-6595 — OK Code / Title 36 / Section 36-6595
Class action
Status: in_force

No cause of action brought pursuant to this act shall be

certified as a class action.
Okla. Stat. tit. 36, § 36-1415.2 — OK Code / Title 36 / Section 36-1415.2
Definitions
Status: in_force

As used in this act, the term:

1. "Exchange" means a state, federal, or partnership exchange

or marketplace operating in Oklahoma pursuant to Section 1311 or

Section 1321 of the federal act;

2. "Federal act" means the federal Patient Protection and

Affordable Care Act (Public Law 111-148), as amended by the federal

Health Care and Education Reconciliation Act of 2010 (Public Law

111-152), and regulations or guidance issued under those acts;

3. "Navigator" means a person, including assistor, application

counselor or other person, certified or designated by an exchange to

facilitate enrollment in health benefit plans offered by an exchange

or to perform any of the other acts described in Section 1311(i) of

the federal act. Such term does not include a person licensed as a

health insurance producer under the Oklahoma Producer Licensing Act.

For the purposes of this act, if an organization or business entity

serves as a navigator, an individual performing navigator duties for

that organization or business entity shall be considered to be

acting in the capacity of a navigator;

4. "Navigator entity" means an organization or business entity

which employs or oversees the activities of a navigator or which has

received and possesses funding for the purpose of employing or

overseeing navigators;

5. "Personally identifiable information" means information

which can identify an individual including, but not limited to,

name, birth date, social security number, official state- or

government-issued driver license or identification number, alien

registration number, government passport number, employer or

taxpayer identification number; and

6. "Registered navigator" means a navigator who has applied,

been approved, and maintains approval under the requirements of this

act.

Oklahoma Statutes - Title 36. Insurance Page 323
Okla. Stat. tit. 36, § 36-6980 — OK Code / Title 36 / Section 36-6980
Authority to increase requirements
Status: in_force

The Insurance Commissioner may increase the amounts required

under this act for tangible net equity, capital maintained, fidelity

bond, and deposit to any amount the Commissioner determines to be

appropriate if the Commissioner determines that such an increase is

necessary to:

1. Assist the Commissioner in the performance of his or her

regulatory duties;

2. Ensure the prepaid vision plan organization complies with

the requirements of this act; or

3. Ensure the solvency of the prepaid vision plan organization.
Okla. Stat. tit. 36, § 36-6470.10 — OK Code / Title 36 / Section 36-6470.10
Formation of captive reinsurance company or sponsored captive insurance company –
Status: in_force

Organization as reciprocal insurer – Branch captive insurance company – Considerations forcaptive insurance company – Organization as reciprocal insurer –

Branch captive insurance company – Considerations for issuance of

license – Privileges and obligations.

A. A captive insurance company may be incorporated as a stock

corporation or as a nonstock corporation, or may be formed as a

limited liability company, partnership, limited partnership,

statutory trust or any lawful form approved by the Insurance

Commissioner.

B. An association captive insurance company, industrial insured

captive insurance company or special purpose captive insurance

company may be organized as a reciprocal insurer.

C. The Commissioner shall not issue the initial license or

review the license of any captive insurer unless the Commissioner

determines the following matters serve the best interest of the

prospective policyholders and promote the general good of the state:

1. The character, reputation, financial standing, and purposes

of the principals, owners or other persons who will direct or

control the affairs of the captive insurer;

2. The character, reputation, financial responsibility,

insurance experience, and business qualifications of the officers

and directors; and

3. Other aspects as the Insurance Commissioner considers

advisable.

D. In the case of a captive insurance company licensed as a

branch captive insurance company, the findings required in

subsection C above shall be in respect to the alien captive

insurance company.

Oklahoma Statutes - Title 36. Insurance Page 1218

E. 1. A captive insurance company formed under the laws of

this state or under the laws of another jurisdiction that is

licensed under the provisions of this title shall have the

privileges and be subject to the provisions of the laws of this

state or the laws of such other jurisdiction, as applicable, under

which such captive insurance company is organized as well as the

applicable provisions contained in this title. In the event of

conflict between the provisions of the laws of this state or the

laws of such other jurisdiction, as applicable, under which such

captive insurance company is organized, and the provisions of this

title, the latter shall control.

2. A captive insurance company, formed or licensed under the

Oklahoma Captive Insurance Company Act, has the privileges and is

subject to the provisions of Oklahoma law as well as the applicable

provisions contained in the Oklahoma Captive Insurance Company Act.

If a conflict occurs between a provision of the general law of

Oklahoma and a provision of the Oklahoma Captive Insurance Company

Act, the latter controls. No provision of the Oklahoma Insurance

Code, other than those contained in this act or otherwise

specifically referencing such companies, shall apply to captive

insurance companies.

3. In addition to the applicability of law provided in this

section, a captive insurance company operating as a risk retention

group shall be subject to the provisions of the Oklahoma Risk

Retention Act under Sections 6451 through 6468 of this title.

4. All preliminary reports or results, working papers, recorded

information, orders, documents and copies of documents produced by,

obtained by or disclosed to the Commissioner or any other person in

the course of any merger, consolidation, conversion, mutualization

and change of control made under this section are confidential and

are not subject to subpoena and may not be made public by the

Commissioner or any employee or agent of the Commissioner without

the written consent of the company, except to the extent provided in

this subsection. Nothing in this subsection prevents the

Commissioner from using this information in furtherance of the

regulatory authority of the Commissioner under the Oklahoma Captive

Insurance Company Act. The Commissioner may grant access to this

information to public officers having jurisdiction over the

regulation of insurance in any other state or country, or to law

enforcement officers of this state or any other state or agency of

the federal government at any time, so long as the officers

receiving the information agree in writing to use and retain it in

any manner consistent with this section.

5. The terms and conditions set forth in Articles 18 and 19 of

the Oklahoma Insurance Code pertaining to insurance supervision,

conservatorship, rehabilitation, and receiverships apply in full to

captive insurance companies including for this purpose individual

Oklahoma Statutes - Title 36. Insurance Page 1219

protected cells of sponsored captive insurance companies as provided

in Section 6470.29 of this title.

6. Any insurer which holds a current license to transact the

business of insurance under the laws of any other jurisdiction may

become an Oklahoma domiciled captive insurer by complying with all

of the requirements of Oklahoma law relative to the organization and

licensing of a captive insurer and obtaining the approval of the

insurer's application for redomestication by the chief insurance

regulatory official of the company's current and proposed domiciles.
Okla. Stat. tit. 36, § 36-1103 — OK Code / Title 36 / Section 36-1103
Service of process on a surplus lines insurer
Status: in_force

A. Delivery, effectuation, or solicitation of any insurance

contract, by mail or otherwise, within this state by a surplus lines

insurer, or the performance within this state of any other service

or transaction connected with the insurance by or on behalf of the

insurer, shall be deemed to constitute an appointment by the insurer

of the Insurance Commissioner as its attorney, upon whom may be

served all lawful process issued within this state in any action or

proceeding against the insurer arising out of any such contract or

transaction.

B. Service of process shall be made by delivering to and

leaving with the Insurance Commissioner three copies thereof. At

time of service the plaintiff shall pay Twenty Dollars ($20.00) to

the Insurance Commissioner, taxable as costs in the action. The

Insurance Commissioner shall mail by registered mail one of the

copies of the process to the defendant at any home state address as

last known to the Insurance Commissioner, and shall keep a record of

all process so served.

C. Service of process in any action or proceeding, in addition

to the manner provided herein, shall also be valid if served upon

any person within this state who, in this state on behalf of the

insurer, is soliciting insurance, or making, issuing, or delivering

any insurance policy, or collecting or receiving any premium,

membership fee, assessment, or other consideration for insurance.

D. Service of process upon an insurer in accordance with this

section shall be as valid and effective as if served upon a

defendant personally present in this state.

Oklahoma Statutes - Title 36. Insurance Page 250

E. Means provided in this section for service of process upon

the insurer shall not be deemed to prevent service of process upon

the insurer by any other lawful means.

F. An insurer which has been so served with process shall have

the right to appear in and defend the action and employ attorneys

and other persons in this state to assist in its defense or

settlement.
Okla. Stat. tit. 36, § 36-4030.12 — OK Code / Title 36 / Section 36-4030.12
Minimum nonforfeiture requirements for contracts
Status: in_force

providing both annuity and life insurance benefits.

For a contract which provides, within the same contract by rider

or supplemental contract provision, both annuity benefits and life

insurance benefits that are in excess of the greater of cash

surrender benefits or a return of the gross considerations with

interest, the minimum nonforfeiture benefits shall be equal to the

sum of the minimum nonforfeiture benefits for the annuity portion

and the minimum nonforfeiture benefits, if any, for the life

insurance portion computed as if each portion were a separate

contract. Notwithstanding the provisions of Sections 4030.6,

4030.7, 4030.8, 4030.9, and 4030.11 of this title, additional

benefits payable in the event of total and permanent disability, as

reversionary annuity or deferred reversionary annuity benefits, or

as other policy benefits additional to life insurance, endowment and

annuity benefits, and considerations for all such additional

benefits, shall be disregarded in ascertaining the minimum

nonforfeiture amounts, paid-up annuity, cash surrender and death

benefits that may be required by the Standard Nonforfeiture Law for

Individual Deferred Annuities. The inclusion of such benefits shall

not be required in any paid-up benefits, unless the additional

benefits separately would require minimum nonforfeiture amounts,

paid-up annuity, cash surrender and death benefits.
Okla. Stat. tit. 36, § 36-3634.6 — OK Code / Title 36 / Section 36-3634.6
Direct payment or reimbursement to pharmacist
Status: in_force

An insurer, as defined in Section 3634.2 of Title 36 of the

Oklahoma Statutes, shall provide direct payment or reimbursement to

a pharmacist licensed in this state for providing a health care

service to an individual if:

1. The pharmacist provided any health care service he or she is

licensed to perform in the practice of pharmacy, as defined in

Section 353.1 of Title 59 of the Oklahoma Statutes, in this state;

and

2. The health benefit policy, contract or agreement of the

individual provides for payment or reimbursement of the service.
Okla. Stat. tit. 36, § 36-2208 — OK Code / Title 36 / Section 36-2208
Duties of Commissioner – Review and evaluation
Status: in_force

A. The Insurance Commissioner shall annually review

negotiations between the trust and any entity to provide

administrative, claim, underwriting or claim management services or

excess insurance, aggregate excess insurance and reinsurance to the

trust.

B. The Commissioner shall, at least twice yearly, review and

evaluate each category of operations of the trust or association as

follows:

1. Underwriting policies and activities, including all new

applications for coverage, as well as all decisions regarding denial

of new policies and surcharges on or nonrenewal of existing

insureds;

2. Summaries of all claims activities, including number of

claims filed, lawsuits filed, resolution of closed claims and

lawsuits, amounts paid in settlements, jury verdicts, defense

attorney fees, expert witness costs and other defense costs;

3. Consumer satisfaction with quality of service by the trust

or its agents;

4. Investment activities;

5. All filed base rates and proposed rate increases; and

6. All risk-management activities, including continuing

education and counseling of insureds.

C. The trust shall provide the Commissioner with policy

changes, rate changes, rules proposed by the trust and changes to

the trust instrument prior to implementation of policy changes, rate

changes, proposed rules and changes to the trust instrument within

thirty (30) days of implementation of such changes.
Okla. Stat. tit. 36, § 36-5105 — OK Code / Title 36 / Section 36-5105
Records of transactions
Status: in_force

Oklahoma Statutes - Title 36. Insurance Page 1029

A. For at least ten (10) years after the expiration of each

contract of reinsurance transacted by an RB, the RB shall keep a

complete record for each transaction showing:

1. The type of contract, limits, underwriting restrictions,

classes or risks and territory;

2. Period of coverage, including effective and expiration

dates, cancellation provisions and notice required of cancellation;

3. Reporting and settlement requirements of balances;

4. Rate used to compute the reinsurance premium;

5. Names and addresses of assuming reinsurers;

6. Rates of all reinsurance commissions, including, but not

limited to, the commissions on any retrocessions handled by the RB;

7. Related correspondence and memoranda;

8. Proof of placement;

9. Details regarding retrocessions handled by the RB, including

the identity of retrocessionaires and percentage of each contract

assumed or ceded;

10. Financial records, including but not limited to, premium

and loss accounts; and

11. If the RB procures a reinsurance contract on behalf of a

licensed ceding insurer:

a. directly from any assuming reinsurer, written evidence

that the assuming reinsurer has agreed to assume the

risk, or

b. if placed through a representative of the assuming

reinsurer, other than an employee, written evidence

that such reinsurer has delegated binding authority to

the representative.

B. The insurer shall have access and the right to copy and

audit all accounts and records maintained by the RB related to its

business in a form usable by the insurer.
Okla. Stat. tit. 36, § 36-2414 — OK Code / Title 36 / Section 36-2414
Funds; investments of
Status: in_force

No mutual benefit association which may do business in this

state, under this article, shall invest any of its mortuary, reserve

or emergency fund except in accordance with the laws of this state,

relating to investment of funds of domestic stock insurance

companies doing a similar business.
Okla. Stat. tit. 36, § 36-6091 — OK Code / Title 36 / Section 36-6091
Settlement of claims as no admission of liability
Status: in_force

No settlement made under a motor vehicle liability insurance

policy of a claim against any insured thereunder arising from any

accident or other event insured against shall be construed as an

Oklahoma Statutes - Title 36. Insurance Page 1127

admission of liability by the insured, or the insurer's recognition

of such liability, with respect to any other claim arising from the

same accident or event and no testimony with respect to such

settlement shall be admissible in evidence with respect to any other

such claim.
Okla. Stat. tit. 36, § 36-1901 — OK Code / Title 36 / Section 36-1901
Definitions
Status: in_force

For the purpose of Article 19 of the Oklahoma Insurance Code:

1. "Impairment" or "insolvency" means the capital of a stock

insurer, or limited stock life, accident and health insurer, the net

assets of a Lloyds association, or the surplus of a mutual or

reciprocal insurer, shall be deemed to be impaired and the insurer

Oklahoma Statutes - Title 36. Insurance Page 530

shall be deemed to be insolvent, when such insurer shall not be

possessed of assets at least equal to all liabilities and required

reserves together with its total issued and outstanding capital

stock if a stock insurer, the net assets if a Lloyds association, or

the minimum surplus if a mutual or reciprocal insurer required by

this Code to be maintained for the kind or kinds of insurance it is

then authorized to transact;

2. "Insurer" means any person, firm, corporation, health

maintenance organizations, association or aggregation of persons

doing an insurance business and subject to the insurance supervisory

authority of, or to liquidation, rehabilitation, reorganization or

conservation by the Insurance Commissioner or the equivalent

insurance supervisory official of another state;

3. "Delinquency proceeding" means any proceeding commenced

against an insurer pursuant to this article for the purpose of

liquidating, rehabilitating, reorganizing or conserving such

insurer;

4. "State" means any state of the United States and also the

District of Columbia and Puerto Rico;

5. "Foreign country" means territory not in any state;

6. "Domiciliary state" means the state in which an insurer is

incorporated or organized, or in the case of an insurer incorporated

or organized in a foreign country, the state in which such insurer,

having become authorized to do business in such state, has at the

commencement of delinquency proceedings, the largest amount of its

assets held in trust and assets held on deposit for the benefit of

its policyholders or policyholders and creditors in the United

States, and any such insurer is deemed to be domiciled in such

state;

7. "Ancillary state" means any state other than a domiciliary

state;

8. "Reciprocal state" means any state other than this state

that has enacted a law that sets forth a scheme for the

administration of an insurer in receivership by the state's

insurance commissioner or comparable insurance regulatory official;

9. "General assets" means all property, real, personal or

otherwise, not specifically mortgaged, pledged, deposited or

otherwise encumbered for the security or benefit of specified

persons or a limited class or classes of persons, and as to such

specifically encumbered property the term includes all such property

or its proceeds in excess of the amount necessary to discharge the

sum or sums secured thereby. Assets held in trust and assets held

on deposit for the security or benefit of all policyholders or all

policyholders and creditors in the United States shall be deemed

general assets;

Oklahoma Statutes - Title 36. Insurance Page 531

10. "Preferred claim" means any claim with respect to which the

law of the state or of the United States accords priority of

payments from the general assets of the insurer;

11. "Special deposit claim" means any claim secured by a

deposit made pursuant to statute for the security or benefit of a

limited class or classes of persons, but not including any general

assets;

12. "Secured claim" means any claim secured by mortgage, trust

deed, pledge, deposit as security, escrow, or otherwise, but not

including special deposit claim or claims against general assets.

The term also includes claims which more than four (4) months prior

to the commencement of delinquency proceedings in the state of the

insurer's domicile have become liens upon specific assets by reason

of judicial process;

13. "Receiver" means receiver, liquidator, rehabilitator, or

conservator as the context may require; and

14. "Qualified financial contract" means a commodity contract,

forward contract, repurchase agreement, securities contract, swap

agreement, and any similar agreement the Commissioner determines by

rule, regulation, resolution, or order to be a qualified financial

contract.
Okla. Stat. tit. 36, § 36-6218 — OK Code / Title 36 / Section 36-6218
Catastrophes
Status: in_force

A. In the event of a catastrophe, the Insurance Commission may

declare an emergency to exist, and in the event of such a

declaration, the Commissioner may issue a license as an emergency

adjuster to any resident or nonresident applicant. Such declaration

of emergency may be made per zip code or on a county-by-county

basis, or any combination thereof. An individual licensed as an

emergency adjuster pursuant to this section may only adjust claims

related to the catastrophe. The applicant shall not have to be a

licensed adjuster. An applicant for this license shall be certified

in the manner prescribed by the Commissioner by an adjuster licensed

in this state or by an insurer who maintains an office in this state

and is licensed to do business in this state. A licensed adjuster

or insurer who certifies an applicant for this license shall be

responsible for any losses caused by the applicant or for any

improper claim handling practices committed by the applicant. The

employer of this applicant shall certify the application for license

as an emergency adjuster to the Commissioner within five (5) days

after the applicant begins working as an emergency adjuster for the

employer. The license as an emergency adjuster shall remain in

force for not more than ninety (90) days from the date the

Commissioner issues an emergency declaration order. The emergency

declaration order may be extended an additional ninety (90) days at

the Commissioner's discretion. An emergency adjuster may only

adjust claims resulting from the particular catastrophe for which

the emergency declaration order is issued.

B. The Commissioner may suspend or revoke the right of any

person acting as an adjuster or an emergency adjuster in this state

pursuant to the authority derived from the provisions of the

Insurance Adjusters Licensing Act to continue to adjust claims in

this state after a hearing on the suspension or revocation if the

Commissioner finds that said person has engaged in any of the

practices forbidden to a licensed adjuster. Notice of the hearing

on said suspension or revocation shall be given personally or shall

be sent by mail to the address stated in the registration. A

duplicate copy of the notice shall be given to the insurer.

Oklahoma Statutes - Title 36. Insurance Page 1177

C. No public adjuster shall charge, agree to or accept as

compensation or reimbursement any payment, commission, fee or other

thing of value equal to more than ten percent (10%) of the amount of

the insurance settlement claim paid by the insurer on any claim

resulting from a catastrophe declared by the Commissioner to be an

emergency pursuant to subsection A of this section. The provisions

of this subsection shall not apply to a public adjuster providing

public adjuster services on behalf of a for-profit commercial

entity.
Okla. Stat. tit. 36, § 36-2930 — OK Code / Title 36 / Section 36-2930
Impaired reciprocals
Status: in_force

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

limitations set forth in the power of attorney or policy.

B. If the attorney fails to make up such deficiency or to make

the assessment within thirty (30) days after the Insurance

Commissioner orders him to do so, or if the deficiency is not fully

made up within sixty (60) days after the date the assessment was

Oklahoma Statutes - Title 36. Insurance Page 750

made, the insurer shall be deemed insolvent and shall be proceeded

against as authorized by this Code.

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 Insurance Commissioner

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.
Okla. Stat. tit. 36, § 36-6530.1 — OK Code / Title 36 / Section 36-6530.1
Oklahoma Individual Health Insurance Market
Status: in_force

Stabilization Act – Legislative intent.

This act shall be known and may be cited as the "Oklahoma

Individual Health Insurance Market Stabilization Act". It is the

intent of the Legislature to provide payments to health insurance

plans with respect to claims for eligible individuals for the

purpose of lowering premiums for health insurance coverage offered

in the individual market. Market stabilization activities shall

include establishment of a high-risk pool, reinsurance, hybrid

programs or any combination thereof. It is the further intent of

the Legislature to bestow upon the Oklahoma Insurance Commissioner

the authority to appoint a Board of Directors which shall create,

implement, oversee and monitor the high-risk pool, reinsurance or

hybrid programs under provisions of this act. The Board of

Directors and the Oklahoma Secretary of Health and Human Services

are authorized to apply for, accept and receive federal funds to

implement and sustain market stabilization programs. Preliminary

planning and analysis shall continue under the direction of the

Oklahoma Insurance Commissioner. The onset of market stabilization

Oklahoma Statutes - Title 36. Insurance Page 1292

implementation shall be contingent upon Oklahoma's approval for and

receipt of federal funds to implement and sustain market

stabilization programs.
Okla. Stat. tit. 36, § 36-2124 — OK Code / Title 36 / Section 36-2124
Illegal dividends - penalty
Status: in_force

A. Any director of a domestic stock or mutual insurer who votes

for or concurs in declaration or payment of an illegal dividend to

stockholders or members shall upon conviction thereof be guilty of a

misdemeanor, and shall be jointly and severally liable, together

with other such directors, for any loss thereby sustained by the

insurer.

B. The stockholders or members receiving such an illegal

dividend shall be liable in the amount thereof to the insurer.

C. The Insurance Commissioner may revoke or suspend the

certificate of authority of an insurer which has declared or paid an

illegal dividend.
Okla. Stat. tit. 36, § 36-6557 — OK Code / Title 36 / Section 36-6557
Application for certificate
Status: in_force

A. An applicant for a certificate shall:

1. Submit an application to an Insurance Commissioner; and

2. Pay to the Commissioner an application fee in an amount of

Five Hundred Dollars ($500.00), which shall be sufficient to pay for

the administrative cost of the certification program and any other

cost associated with carrying out the provisions of the Hospital and

Medical Services Utilization Review Act.

B. The application shall:

1. Be on a form approved by the Commissioner and accompanied by

any supporting documentation that the Commissioner requires; and

2. Be signed and verified by the applicant.
Okla. Stat. tit. 36, § 36-6460 — OK Code / Title 36 / Section 36-6460
Enforcement powers of Commissioner
Status: in_force

The Insurance Commissioner of this state is authorized to make

use of any of the powers established pursuant to the Insurance Code

of this state to enforce the laws of this state so long as those

powers are not specifically preempted by the Risk Retention Act of

1986, as amended, including the administrative authority of the

Commissioner to investigate, issue subpoenas, conduct depositions

and hearings, issue orders, impose penalties and seek injunctive

relief. Regarding any investigation, administrative proceedings or

litigation, the Commissioner may rely on the procedural laws of this

state. The injunctive authority of the Commissioner for risk

retention groups is restricted by the requirement that any

injunction be issued by a court of competent jurisdiction.
Okla. Stat. tit. 36, § 36-2034 — OK Code / Title 36 / Section 36-2034
Unpaid assessments of impaired or insolvent insurer
Status: in_force

Nothing in this act shall be construed to reduce the liability

for unpaid assessments of the insureds on an impaired or insolvent

insurer operating under a plan with assessment liability.
Okla. Stat. tit. 36, § 36-4201 — OK Code / Title 36 / Section 36-4201
Scope of article
Status: in_force

The provisions of this article apply only to industrial life

insurance policies. Section 2 of this act (Return of policy within

ten days), Section 3 of this act (Interest on proceeds), and

Sections 4015 (Excluded or restricted coverage), 4024 (Limitation of

liability), 4025 (Incontestability after reinstatement), 4028 (Dual

or multiple pay policies prohibited), and 4029 (Nonforfeiture

provisions; life insurance) of Article 40 (Life Insurance and

Annuities) shall also apply to industrial life insurance.
Okla. Stat. tit. 36, § 36-7123 — OK Code / Title 36 / Section 36-7123
Permit required - Contracts in violation of act
Status: in_force

A. Any organization which shall accept money or anything of

value for cemetery merchandise pursuant to a prepaid cemetery

merchandise contract shall first obtain a permit from the Insurance

Commissioner authorizing the transaction of this type of business

before entering into the contract. It shall be unlawful to sell any

prepaid cemetery merchandise unless the organization holds a valid,

current permit at the time the contract is made. The organization

shall not be entitled to enforce a contract made in violation of the

Cemetery Merchandise Trust Act, but the purchaser, or the heirs or

Oklahoma Statutes - Title 36. Insurance Page 1489

legal representative of the purchaser, shall be entitled to recover

triple the amounts paid to the organization with interest thereon at

the rate of six percent (6%) per annum under any contract made in

violation of this act.

B. An organization with any prepaid cemetery merchandise

contracts subject to the provisions of the Cemetery Merchandise

Trust Act shall apply for, and obtain, approval of the Commissioner

before transferring or conveying in any manner the cemetery, its

obligations or both the cemetery and its obligations under the

prepaid cemetery merchandise contracts. The application shall be

accompanied by a fee equal to that required under Section 7125 of

this title and shall include such information as the Commissioner

may prescribe. The Commissioner shall not approve any such transfer

or conveyance until the applicant has provided sufficient evidence

that a cemetery merchandise trust fund equal to the minimum funding

requirement is maintained pursuant to Section 7126 of this title or

the applicant has obtained a surety bond pursuant to the provisions

of Section 7127 of this title.
Okla. Stat. tit. 36, § 36-6058 — OK Code / Title 36 / Section 36-6058
Newly-born children - Health insurance benefits
Status: in_force

A. All individual and group health insurance policies providing

coverage on an expense incurred, fixed, or capitated basis, and all

individual and group insurance policies, certificates, service or

indemnity type contracts issued by insurance companies, health

maintenance organizations, nonprofit corporations, or charitable and

benevolent corporations established for the purpose of operating a

nonprofit hospital service, indemnity, fixed or capitated plan, or a

nonprofit medical or indemnity plan, and all self-insurers which

provide coverage for a family member of the insured or subscriber

shall, as to such family member's coverage, also provide that the

health insurance benefits applicable for children shall be payable

with respect to a newly born child of the insured or subscriber from

the moment of birth.

B. The coverage for newly born children shall consist of

coverage of injury or sickness including the necessary care and

treatment of medically diagnosed congenital defects and birth

abnormalities. Such coverage shall also include transportation

necessary for the provision of medical care for such newly born

children when (1) the newly born is transported to the nearest

hospital capable of providing the medically necessary treatment on a

timely basis, and (2) the mode of transportation is the most

economical consistent with the well-being of the newly born.

Transportation coverage shall not exceed the reasonable costs of

providing such service and an itemized statement of costs shall

accompany each claim.

The provisions of this subsection shall not apply to policies

involving Medicare and supplements to Medicare.

C. If payment of a specific premium or subscription fee is

required to provide coverage for a child, the policy or contract may

require that notification of birth and payment of the required

premium or fees must be furnished to the insurer or nonprofit

service or indemnity corporation within thirty-one (31) days after

Oklahoma Statutes - Title 36. Insurance Page 1079

the date of birth in order to have the coverage continue beyond such

thirty-one-day period.
Okla. Stat. tit. 36, § 36-640 — OK Code / Title 36 / Section 36-640
Denial, suspension or revocation of license - Corrective
Status: in_force

action plans - Rescission or modification of suspension order.

A. The Insurance Commissioner shall deny, suspend or revoke a

MEWA's license if, after notice and opportunity for a hearing, the

Commissioner finds that the MEWA:

1. Is insolvent;

2. Is using such methods and practices in the conduct of its

business as to render its further transaction of business in this

state hazardous or injurious to its participating employees, covered

employees and dependents, or to the public;

3. Has failed to pay any final judgment rendered against it in

a court of competent jurisdiction within sixty (60) days after the

judgment became final;

4. Is or has been in violation of any material provisions of

this act;

5. Is no longer actuarially sound; or

6. Is charging rates that are excessive, inadequate or unfairly

discriminatory.

B. The Commissioner may deny, suspend or revoke the license of

any MEWA if, after notice and opportunity for a hearing, the

Commissioner determines that the MEWA:

1. Has violated any lawful order or rule of the Commissioner or

any applicable provisions of this act;

2. Has refused to produce its accounts, records or files for

examination under Sections 309.1 through 310A.3 of this title or

through any of its officers has refused to give information with

Oklahoma Statutes - Title 36. Insurance Page 164

respect to its affairs or to perform any other legal obligation as

to an examination;

3. Utilized persons to solicit enrollments through an

unlicensed agent; or

4. Has violated any provision of the Unfair Claims Settlement

Practices Act, Section 1250.1 et seq. of this title.

C. Whenever the financial condition of the MEWA is such that,

if not modified or corrected, its continued operation would result

in impairment or insolvency, in addition to any provisions in this

act, the Commissioner may order the MEWA to file with the

Commissioner and implement a corrective action plan designed to

correct such impairment or insolvency.

If the MEWA fails to submit a plan within the time specified by the

Commissioner or submits a plan that is insufficient, the

Commissioner may order the MEWA to implement corrective actions as

necessary to correct the MEWA's financial condition.

D. The Commissioner shall, in any order suspending the

authority of a MEWA to enroll new insureds, specify the period

during which the suspension is to be in effect and the conditions,

if any, that must be met prior to reinstatement of its authority to

enroll new insureds. The order of suspension is subject to

rescission or modification by further order of the Commissioner

before the expiration of the suspension period. Reinstatement shall

not be made unless requested in writing by the MEWA; however, the

Commissioner shall not grant reinstatement if it is found that the

circumstances for which suspension occurred still exist.Oklahoma Statutes - Title 36. Insurance Page 4
Okla. Stat. tit. 36, § 36-1917 — OK Code / Title 36 / Section 36-1917
Claims against foreign insurers
Status: in_force

A. In a delinquency proceeding in a reciprocal state against an

insurer domiciled in that state, claimants against such 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 must 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 (1) be proved in the domiciliary state as provided

by the law of that state, or (2) if ancillary proceedings have been

commenced in this state, be approved 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 (30) 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.
Okla. Stat. tit. 36, § 36-6594 — OK Code / Title 36 / Section 36-6594
Prerequisites to maintaining cause of action - Exhaustion
Status: in_force

of appeal and review process and all applicable remedies - Notice.

A. A person may not maintain a cause of action under this act

against a health insurance carrier, health maintenance organization,

or other managed care entity unless the affected enrollee or the

representative of the enrollee, has exhausted any appeal and review

process applicable under the utilization review requirements of the

plan, has exhausted all applicable remedies specified in the

Oklahoma Managed Care External Review Act and gives written notice

of the claim as provided in subsection B of this section.

B. The notice required by subsection A of this section shall be

delivered or mailed to the health insurance carrier, health

maintenance organization, or managed care entity against whom the

Oklahoma Statutes - Title 36. Insurance Page 1326

action will be brought at least thirty (30) days before the action

is filed.

C. If the enrollee or the representative of the enrollee has

not exhausted the appeal and review processes and gives notice as

required by subsection A of this section before the statute of

limitations applicable to a claim against a managed care entity has

expired, the limitations period is tolled until thirty (30) days

after the date the enrollee or the representative of the enrollee

has exhausted the processes for appeal and review pursuant to

subsection A of this section.Oklahoma Statutes - Title 36. Insurance Page 37
Okla. Stat. tit. 36, § 36-1241.2 — OK Code / Title 36 / Section 36-1241.2
Property and casualty policies – Inquiry regarding making claim – Increase of premium
Status: in_force

Oklahoma Statutes - Title 36. Insurance Page 8making claim – Increase of premium rates, cancellation, or refusal

to issue or renew policy.

No insurer that issues any type of property or casualty

insurance policy in this state shall increase premium rates, cancel

a policy, or refuse to issue or renew a policy solely on the basis

of a policyholder inquiring about making a claim or requesting

information about a possible claim, if the policyholder does not in

fact submit a claim.
Okla. Stat. tit. 36, § 36-6060.5b — OK Code / Title 36 / Section 36-6060.5b
Clinical genetic testing coverage
Status: in_force

A. For the purposes of this section:

1. “Clinical utility” means clinical utility as defined

pursuant to Section 6060.5a of Title 36 of the Oklahoma Statutes;

2. “Evidence-based cancer imaging” means appropriate

preventative screening and imaging supported by evidence;

3. “Genetic testing for an inherited mutation” means multi-gene

testing for an inherited mutation associated with an increased risk

of cancer;

4. “Health benefit plan” means a health benefit plan as defined

pursuant to Section 6060.4 of Title 36 of the Oklahoma Statutes; and

5. “Health care provider” means any physician, hospital, or

other entity or person that is licensed or otherwise authorized in

this state to furnish health care services.

B. Any health benefit plan including the Oklahoma Employees

Insurance Plan that is offered, issued, or renewed in this state on

or after the effective date of this act shall provide coverage for:

1. Clinical genetic testing for an inherited gene mutation for

individuals with a personal or family history of cancer when such

test provides clinical utility and when ordered or recommended by a

health care provider in accordance with medical and scientific

evidence including, but not limited to:

Oklahoma Statutes - Title 36. Insurance Page 1096

a. the most recent version of the National Comprehensive

Cancer Network (NCCN) clinical practice

recommendations that are Category 2A or higher,

b. Centers for Medicare and Medicaid Services national

coverage determinations or Medicare administrative

contractor local coverage determinations, or

c. nationally recognized clinical practice guidelines;

and

2. Evidence-based cancer imaging for individuals with an

increased risk of cancer when such test provides clinical utility

and when ordered or recommended by a health care provider in

accordance with the most recent version of the NCCN clinical

practice recommendations that are Category 2A or higher, or in

accordance with other nationally recognized clinical practice

guidelines.

C. Coverage under this section shall not be subject to any

annual deductibles, copayments, or coinsurance limits as established

for all covered benefits under the health benefit plan.

D. If application of this section would result in health

savings account ineligibility under Section 223 of the Internal

Revenue Code of 1986, as amended, the provisions of this section

shall only apply to health savings accounts with qualified high

deductible health plans with respect to the deductible of such a

plan after the enrollee has satisfied the minimum deductible.

Provided, however, the provisions of this section shall apply to

items or services that are preventive care pursuant to Section

223(c)(2)(C) of the Internal Revenue Code of 1986, as amended,

regardless of whether the minimum deductible has been satisfied.
Okla. Stat. tit. 36, § 36-1442 — OK Code / Title 36 / Section 36-1442
Definitions
Status: in_force

As used in the Third-party Administrator Act, Section 1441 et

seq. of this title:

1. "Administrator" means any person who collects premiums for

an insurer or trust or who adjusts or settles claims for an insurer

or trust, in connection with life or health insurance coverage,

annuities or employee benefit stop loss in this state, but shall not

Oklahoma Statutes - Title 36. Insurance Page 368

include any person who collects premiums or who adjusts or settles

claims under the following circumstances:

a. any employer on behalf of the employees of that

employer or the employees of one or more subsidiary or

affiliated corporations of that employer,

b. a union on behalf of its members,

c. an insurance company which is licensed to transact

insurance business in this state,

d. a wholly owned subsidiary of an entity which is

subject to the jurisdiction of the Insurance

Commissioner,

e. an insurance company acting as an insurer with respect

to a policy lawfully issued and delivered by said

company in and pursuant to the laws of this state,

f. a hospital, medical, dental, or optometric service

corporation or a health care service organization,

including their agents, authorized by the Commissioner

to issue contracts in this state pursuant to the

provisions of the Oklahoma Insurance Code when engaged

in the performance of their duties,

g. a life or disability agent or broker who is licensed

in this state and whose activities are limited

exclusively to the sale of insurance,

h. an adjuster licensed in this state for the kinds of

business for which he is acting as an adjuster,

i. a creditor insuring a debt between the creditor and

its debtors on behalf of said creditor's debtors,

j. a financial institution which is subject to

supervision or examination by federal or state banking

authorities,

k. a company which issues credit cards and advances

credit for and collects premiums or charges from its

credit card holders who have authorized said

collection, if the company does not adjust or settle

claims,

l. a person who adjusts or settles claims in the normal

course of practice or employment as an attorney-at-law

and who does not collect charges or premiums in

connection with life or health insurance coverage or

annuities,

m. any workers' compensation trust, or

n. a trust providing benefits to the employees of any

political subdivision of a city, county or the state;

and

2. "Trust" means any trust other than those exempted in

paragraph 1 of this section which engages in the business of making

contracts of insurance.

Oklahoma Statutes - Title 36. Insurance Page 369
Okla. Stat. tit. 36, § 36-2718.1 — OK Code / Title 36 / Section 36-2718.1
Benefits not attachable
Status: in_force

No money or other benefit, charity, relief or aid to be paid,

provided or rendered by any society, shall be liable to attachment,

garnishment or other process, or to be seized, taken, appropriated

or applied by any legal or equitable process or operation of law to

pay any debt or liability of a member or beneficiary, or any other

person who may have a right thereunder, either before or after

payment by the society.
Okla. Stat. tit. 36, § 36-3634.3 — OK Code / Title 36 / Section 36-3634.3
Prescription drug coverage - Pharmacy contracts - Open
Status: in_force

pharmacy networks.

A. A health insurance plan or policy or health maintenance

organization providing prescription drugs as a covered benefit shall

provide a pharmacy or group of pharmacies with the right to bid on a

periodic basis, but not less than every three (3) years, on any

pharmacy contract to provide pharmacy services, including, but not

limited to, prescription drugs.

B. Nothing in this act shall be interpreted to preclude a

health insurance plan or policy or health maintenance organization

from establishing an open pharmacy network for the provision of

pharmacy services, including, but not limited to, prescription

drugs.

C. The provisions of this section shall not apply to a health

insurance plan or policy or health maintenance organization that

maintains an open pharmacy network.
Okla. Stat. tit. 36, § 36-6554 — OK Code / Title 36 / Section 36-6554
Exemptions - Review of patients eligible under Social
Status: in_force

Security - In-house utilization review.

Oklahoma Statutes - Title 36. Insurance Page 1300

A. The Insurance Commissioner shall waive the requirements of

the Hospital and Medical Services Utilization Review Act for the

activities of a private review agent in connection with a contract

with the federal or state government for utilization review of

patients eligible for hospital and medical services under the Social

Security Act.

B. No certificate is required for those private review agents

conducting general in-house utilization review for hospitals, home

health agencies, preferred provider organizations, or other managed

care entities, clinics, private offices or any other health facility

or entity, so long as the review does not result in the approval or

denial of payment for hospital or medical services for a particular

case. Such general in-house utilization review shall be exempt from

all provisions of the Hospital and Medical Services Utilization

Review Act.
Okla. Stat. tit. 36, § 36-1114 — OK Code / Title 36 / Section 36-1114
Broker's annual statement
Status: in_force

Each surplus lines licensee or broker licensed or transacting

business in Oklahoma shall on or before April 1 of each year file

electronically, along with any applicable transaction fees, with the

Insurance Commissioner a verified statement of all surplus lines

insurance transacted by the broker during the preceding calendar

year where Oklahoma is the home state of the insured. The statement

shall be on a form prescribed and furnished by the Insurance

Commissioner and shall show such information required to be

submitted as established by the Insurance Commissioner. The

information shall be provided to the Insurance Commissioner until

and unless, in the exercise of his or her sole discretion and

judgment, the Insurance Commissioner decides to enter or join the

Nonadmitted Insurance Multi-State Agreement or any other multistate

agreement or compact with the same function and purpose and other

transaction reporting requirements are thereby established.
Okla. Stat. tit. 36, § 36-6092 — OK Code / Title 36 / Section 36-6092
Limitations on subrogation and set-off under medical
Status: in_force

coverage.

No provision in an automobile liability policy or endorsement

for such coverage effective in this state issued by an insurer on

and after the effective date of this act which grants the insurer

the right of subrogation for payment of benefits under the expenses

for the medical services coverage portion of the policy, to a named

insured under the policy, or to any relative of the named insured

who is a member of the named insured's household shall be valid and

enforceable; provided, that such policy or endorsement may provide

for said insurer's rights of subrogation and set-off upon such

payments to any person who is not a named insured under the policy

or a relative of the named insured who is a member of the named

insured's household.
Okla. Stat. tit. 36, § 36-6717 — OK Code / Title 36 / Section 36-6717
Qualifications for travel administrators
Status: in_force

A. Notwithstanding any other provisions of law, no person shall

act or represent itself as a travel administrator for travel

insurance in this state unless that person:

1. Is a licensed property and casualty insurance producer in

this state for activities permitted under that producer license;

2. Holds a valid managing general agent license in this state;

or

Oklahoma Statutes - Title 36. Insurance Page 1354

3. Holds a valid third-party administrator license in this

state.

B. A travel administrator and its employees are exempt from the

licensing requirements of the Insurance Adjuster Licensing Act,

Sections 6201 et seq. of this title, for travel insurance it

administers.

C. An insurer is responsible for the acts of a travel

administrator managing travel insurance underwritten by the insurer,

and is responsible for ensuring that the travel administrator

maintains all books and records relevant to the insurer, to be made

available by the travel administrator to the Insurance Commissioner

upon request.
Okla. Stat. tit. 36, § 36-620 — OK Code / Title 36 / Section 36-620
Name of insurer
Status: in_force

A. No insurer shall be authorized to transact insurance in

Oklahoma which has or uses a name so similar to that of any insurer

already so authorized as to cause uncertainty or confusion; except,

that in case of conflict of names between two insurers the Insurance

Commissioner may permit or require the newly-authorized insurer to

use in Oklahoma such supplementation or modification of its name as

may reasonably be necessary to avoid such conflict.

B. No insurer shall be authorized to transact insurance in

Oklahoma which has or uses a name which tends to deceive or mislead

as to the type of organization of the insurer.
Okla. Stat. tit. 36, § 36-6215 — OK Code / Title 36 / Section 36-6215
Place of business
Status: in_force

Every licensed adjuster residing in this state shall have and

maintain in this state a place of business accessible to the public.

Said place of business shall be located where the adjuster

principally conducts transactions in accordance with his or her

license.
Okla. Stat. tit. 36, § 36-6060.4 — OK Code / Title 36 / Section 36-6060.4
Child immunization coverage
Status: in_force

A. A health benefit plan delivered, issued for delivery or

renewed in this state on or after January 1, 1998, that provides

benefits for the dependents of an insured individual shall provide

coverage for each child of the insured, from birth through the date

the child is eighteen (18) years of age for:

1. Immunization against:

a. diphtheria,

b. hepatitis B,

Oklahoma Statutes - Title 36. Insurance Page 1091

c. measles,

d. mumps,

e. pertussis,

f. polio,

g. rubella,

h. tetanus,

i. varicella,

j. haemophilus influenzae type B, and

k. hepatitis A; and

2. Any other immunization subsequently required for children by

the State Board of Health.

B. Benefits required pursuant to subsection A of this section

shall not be subject to a deductible, co-payment, or coinsurance

requirement.

C. 1. For purposes of this section, "health benefit plan"

means group hospital coverage, individual and group medical

insurance coverage, a not-for-profit hospital or medical service or

indemnity plan, a prepaid health plan, a health maintenance

organization plan, a preferred provider organization plan, the State

and Education Employees Group Health Insurance Plan, and coverage

provided by a Multiple Employer Welfare Arrangement or employee

self-insured plan as permitted under Employee Retirement Income

Security Act of 1974.

2. The term "health benefit plan" shall not include:

a. a plan that provides coverage:

(1) only for a specified disease or diseases or under

an individual limited benefit policy,

(2) only for accidental death or dismemberment,

(3) only for dental or vision care,

(4) a hospital confinement indemnity policy,

(5) disability income insurance or a combination of

accident-only and disability income insurance, or

(6) as a supplement to liability insurance,

b. a Medicare supplemental policy as defined by Section

1882(g)(1) of the Social Security Act (42 U.S.C.,

Section 1395ss),

c. workers' compensation insurance coverage,

d. medical payment insurance issued as part of a motor

vehicle insurance policy,

e. a long-term care policy, including a nursing home

fixed indemnity policy, unless a determination is made

that the policy provides benefit coverage so

comprehensive that the policy meets the definition of

a health benefit plan, or

f. short-term health insurance issued on a nonrenewable

basis with a duration of six (6) months or less.

Oklahoma Statutes - Title 36. Insurance Page 1092
Okla. Stat. tit. 36, § 36-2039 — OK Code / Title 36 / Section 36-2039
Examination and regulation of Association - Reports
Status: in_force

The Association shall be subject to examination and regulation

by the Commissioner. The Board shall submit to the Commissioner, not

later than May 1 of each year, a financial report for the preceding

calendar year in a form approved by the Commissioner and a report of

its activities during the preceding calendar year.
Okla. Stat. tit. 36, § 36-3304 — OK Code / Title 36 / Section 36-3304
ORSA - When required
Status: in_force

Subject to the provisions of Section 6 of this act, an insurer,

or the insurance group of which the insurer is a member, shall

regularly conduct an ORSA consistent with a process comparable to

the ORSA Guidance Manual. The ORSA shall be conducted no less than

annually, but also at any time when there are significant changes to

the risk profile of the insurer or the insurance group of which the

insurer is a member.