Okla. Stat. tit. 36, § 36-6061 — OK Code / Title 36 / Section 36-6061
Separate accounts - Variable annuity and life insurance
Status: in_force

contracts - Regulations.

A. Any domestic life insurance company may establish one or

more separate accounts, and may allocate to such separate account or

accounts any amounts including without limitation proceeds applied

under optional modes of settlement or under dividend options to

provide for life insurance or annuities and benefits incidental

thereto, payable in fixed or in variable dollar amounts, or in both,

subject to the following:

1. Except as hereinafter provided, the amounts allocated to

each such account and accumulations thereon may be invested and

reinvested without regard to any requirements or limitations

prescribed by the laws of this state governing the investments of

life insurance companies; provided, that to the extent that the

company's reserve liability with regard to a. benefits guaranteed as

to amounts and duration, and b. funds guaranteed as to principal

amount or stated rate of interest is maintained in any separate

account, a portion of the assets of such separate account at least

equal to such reserve liability shall be, except as the Commissioner

may otherwise approve, invested in accordance with the laws of this

state governing the investments of life insurance companies. The

investments in such separate account or accounts shall not be taken

into account in applying the investment limitations applicable to

other investments of the company.

2. With respect to seventy-five percent (75%) of the market

value of the total assets in a separate account no company shall

purchase or otherwise acquire the securities of any issuer, other

than securities issued or guaranteed as to principal or interest by

the United States, if immediately after such purchase or acquisition

the market value of such investment, together with prior investments

of such separate account in such security taken at market value,

would exceed ten percent (10%) of the market value of the assets of

said separate account; provided, however, that the Commissioner may

waive such limitations if, in his opinion, such waiver will not

render the operation of such separate account hazardous to the

public or the policyholders in this state.

3. No separate account shall invest in the voting securities of

a single issuer if such investment would result in the company

owning an amount in excess of ten percent (10%) of the total issued

and outstanding voting securities of such issuer; provided, that the

foregoing shall not apply with respect to securities held in

Oklahoma Statutes - Title 36. Insurance Page 1124

separate accounts, the voting rights in which are exercisable only

in accordance with instructions from persons having interest in such

accounts.

4. The limitations provided in subsections 2. and 3. above

shall not apply to the investment with respect to a separate account

in the securities of an investment company registered under the

Investment Company Act of 1940, provided that the investments of

such investment company comply in substance with subsections 2. and

3. hereof.

5. The income, if any, and gains and losses, realized or

unrealized, from assets allocated to each account shall be credited

to or charged against the account in accordance with the applicable

contract without regard to other income, gains or losses of the

company.

6. Assets allocated to a separate account shall be valued at

their market value on the date of valuation, or if there is no

readily available market, then in accordance with the applicable

contract or the rules or other written agreement applicable to such

separate account; provided, the portion of the assets of such

separate account at least equal to the company's reserve liability

with regard to the guaranteed benefits and funds referred to in

subsection 1. hereof, if any, shall be valued in accordance with the

rules otherwise applicable to the company's assets. The reserve

liability for variable contracts shall be determined in accordance

with actuarial procedures that recognize the variable nature of the

benefits provided and any mortality guarantees.

7. If, and to the extent, so provided under the applicable

contracts, that portion of the assets of any such separate account

equal to the reserves, and other contract liabilities with respect

to such account, shall not be chargeable with liabilities arising

out of any other business the company may conduct.

8. The life insurance company shall have the power and the

company's charter shall be deemed amended to authorize such company

to do all things necessary under any applicable state or federal law

in order that variable contracts may be lawfully sold or offered for

sale including, without limitation, a. with respect to any separate

account registered with the Securities and Exchange Commission as a

unit investment trust exercise voting rights in connection with any

securities of a regulated investment company registered under the

Investment Company Act of 1940 and held in such separate accounts in

accordance with instructions from persons having interests in such

accounts ratably as determined by the company, or b. with respect

to any separate account registered with the Securities and Exchange

Commission as a management investment company, establish for such

account a committee, board, or other body, the members of which may

or may not be otherwise affiliated with such company and may be

elected to such membership by the vote of persons having interests

Oklahoma Statutes - Title 36. Insurance Page 1125

in such account ratably as determined by the company. Such

committee, board or other body may have the power, exercisable alone

or in conjunction with others, to manage such separate account and

the investment of its assets.

B. Any contract providing benefits payable in variable amounts

delivered or issued for delivery in this state shall contain a

statement of the essential features of the procedure to be followed

by the company in determining the dollar amount of such variable

benefits. Any such contract under which the benefits vary to

reflect investment experience, including a group contract and any

certificate issued thereunder shall state that such dollar amount

may decrease or increase and shall contain on its first page a

statement that the benefits thereunder are on a variable basis.

C. No domestic life insurance company, and no other life

insurance company admitted to transact business in this state, shall

be authorized to deliver within this state any variable contract

providing benefits in variable amounts until said company has

satisfied the Insurance Commissioner that its condition or methods

of operation in connection with the issuance of such contracts will

not render its operation hazardous to the public or its

policyholders in this state. In determining the qualification of a

company requesting authority to deliver such contracts within this

state, the Insurance Commissioner shall consider, among other

things:

1. The history and financial condition of the company;

2. The character, responsibility and general fitness of the

officers and directors of the company; and

3. In the case of a company other than a domestic company,

whether the statutes and regulations of the jurisdiction of its

incorporation, or state of entry in the case of an alien company,

provide a degree of protection to policyholders and the public which

is substantially equal to that provided by this section and the

rules and regulations issued thereunder.

An authorized life insurance company, whether domestic, foreign

or alien, which issues variable contracts and which is a subsidiary

of (or affiliated through common management or ownership with)

another life insurance company authorized to do business in this

state may be deemed to have met the provisions of this subsection if

either it or the parent or affiliated company meets the requirements

hereof.

D. The Insurance Commissioner shall have the sole and exclusive

authority to regulate the issuance and sale of such contracts and to

issue such reasonable rules and regulations as may be necessary to

carry out the purposes and provisions of this section; and such

contracts, the companies which issue them and the agents or other

persons who sell them shall not be subject to the Oklahoma Uniform

Oklahoma Statutes - Title 36. Insurance Page 1126

Securities Act of 2004 nor to the jurisdiction of the Oklahoma

Securities Commission thereunder.
Okla. Stat. tit. 36, § 36-3625 — OK Code / Title 36 / Section 36-3625
Annulment of liability policies
Status: in_force

A. No insurance contract insuring against loss or damage

through legal liability for the bodily injury or death by accident

of any individual, or for damage to the property of any person,

shall be retroactively annulled by any agreement between the insurer

and the insured after the occurrence of any such injury, death, or

damage for which the insured may be liable, and any such attempted

annulment shall be void.

B. The provisions of subsection A of this section shall not

apply to a claim made and reported from a liability insurance policy

unless there is actual notice that a claim or potential claim has

been made against an insured who shall have also reported the claim

or potential claim to the insured's insurer.
Okla. Stat. tit. 36, § 36-361 — OK Code / Title 36 / Section 36-361
Anti-Fraud Unit - Investigations - Confidentiality of
Status: in_force

records

Oklahoma Statutes - Title 36. Insurance Page 112

A. There is hereby created within the Insurance Department,

under the control and direction of the Insurance Commissioner, an

"Anti-Fraud Unit" within the Legal and Investigation Division of the

Insurance Department.

B. Violations of any statute or administrative rule of this

state pertaining to suspected insurance fraud or pertaining to any

insurance product, insurance organization, or licensee under the

regulation or authority of the Commissioner may be investigated by

the Anti-Fraud Unit. Whenever the Unit determines that a violation

of any criminal law of this state may have occurred, it may refer

the matter to the Oklahoma State Bureau of Investigation for further

investigation pursuant to Section 150.5 of Title 74 of the Oklahoma

Statutes or the Attorney General pursuant to Section 18b of Title 74

of the Oklahoma Statutes. The Insurance Department shall retain the

authority to initiate and prosecute any administrative or civil

action it deems necessary or advisable.

C. The Anti-Fraud Unit may employ investigators who may be

commissioned by the Insurance Commissioner to serve as peace

officers, as defined by and pursuant to the guidelines and

requirements of Section 3311 of Title 70 of the Oklahoma Statutes

and Sections 99 and 99a of Title 21 of the Oklahoma Statutes.

D. Records, documents, reports and evidence obtained or created

by the Anti-Fraud Unit as a result of an inquiry or investigation of

any suspected insurance related crime shall be confidential and

shall not be subject to the Oklahoma Open Records Act or to outside

review or release by any individual. Information and records shall

be disclosed upon request to officers and agents of federal, state,

county, or municipal law enforcement agencies, to the Oklahoma State

Bureau of Investigation, to the Attorney General's office and to

district attorneys, in the furtherance of criminal investigations.
Okla. Stat. tit. 36, § 36-6151 — OK Code / Title 36 / Section 36-6151
Unfair trade practices and fraud
Status: in_force

Article 12 of Title 36 of the Oklahoma Statutes relating to

unfair trade practices and frauds shall apply to prepaid dental plan

organizations, except to the extent the Commissioner may determine

that particular provisions of said article shall not apply to

prepaid dental plan organizations.
Okla. Stat. tit. 36, § 36-958 — OK Code / Title 36 / Section 36-958
Indemnification of agents
Status: in_force

An insurer shall indemnify, defend, and hold agents harmless

from and against all liability, fees, and costs arising out of or

relating to the actions, errors, or omissions of an agent who

obtains or uses credit information or insurance scores for an

insurer, provided the agent follows the instructions of or

procedures established by the insurer and complies with any

applicable law or regulation. Nothing in this section shall be

construed to provide a consumer or other insured with a cause of

action that does not exist in the absence of this section.
Okla. Stat. tit. 36, § 36-2691.11 — OK Code / Title 36 / Section 36-2691.11
Nonliability
Status: in_force

A chiropractic service corporation shall not be liable for

injuries resulting from negligence or malpractice on the part of any

participating or other chiropractor or supplier of services to any

subscriber. A participating chiropractor shall not be liable for

any wrongful or negligent conduct by a chiropractic service

corporation or any of its officers, directors or agents.
Okla. Stat. tit. 36, § 36-6906 — OK Code / Title 36 / Section 36-6906
Receipt, collection, disbursement or investment of funds
Status: in_force

- Fiduciary relationship - Fidelity bond or insurance.

A. A director, officer, employee or partner of a health

maintenance organization who receives, collects, disburses or

invests funds in connection with the activities of the organization

shall be responsible for the funds in a fiduciary relationship to

the organization.

B. A health maintenance organization shall maintain in force a

fidelity bond or fidelity insurance on such employees, officers,

directors and partners in an amount that is not less than Two

Hundred Fifty Thousand Dollars ($250,000.00) for each health

maintenance organization, or a maximum of Five Million Dollars

($5,000,000.00) in aggregate maintained on behalf of health

maintenance organizations owned by a common parent corporation, or

the sum prescribed by the Insurance Commissioner.Oklahoma Statutes - Title 36. Insurance Page 39
Okla. Stat. tit. 36, § 36-1449 — OK Code / Title 36 / Section 36-1449
Notice and information to be provided to insured
Status: in_force

individuals.

A. If the services of an administrator are utilized, the

administrator shall provide a written notice to insured individuals

advising them of the identities of the administrator, the

policyholder, and the insurer or trust.

B. If an administrator collects funds from insured individuals,

the administrator, upon request from an insured individual, shall

furnish written information as to the amount of any charge or

premium specified by the insurer or trust for insurance coverage for

the insured individual. This information shall be furnished within

ten (10) days after the administrator receives the request for

information.
Okla. Stat. tit. 36, § 36-606.1 — OK Code / Title 36 / Section 36-606.1
Certain foreign or alien insurers may become domestic
Status: in_force

insurers - Requirements and procedures.

A. 1. Any foreign or alien insurer which is organized under

the laws of any other jurisdiction for the purpose of transacting

insurance may become a domestic insurer by complying with all of the

requirements of law relative to the organization and licensing of a

domestic insurer of the same type and by designating its principal

place of business at a location in this state, provided the

Insurance Commissioner approves the insurer's application for

redomestication. Such domestic insurer will be entitled to like

certificates and licenses to transact business in this state and

shall be subject to the authority and jurisdiction of this state.

2. The Commissioner shall approve an insurer's application to

redomesticate unless he or she finds that:

a. the insurer cannot comply with all the requirements of

law relative to the organization and licensing of a

domestic insurer,

b. after redomestication, the insurer would not be able

to satisfy the requirements for the issuance of a

Oklahoma Statutes - Title 36. Insurance Page 123

license to write the line or lines of insurance for

which it is presently licensed,

c. the effect of the redomestication would be

substantially to lessen competition in insurance in

this state or tend to create a monopoly therein,

d. the financial condition of the insurer is such as

might jeopardize or prejudice the interest of its

policyholders or the state and is not in the public

interest, or

e. the competence, experience and integrity of those

persons who control the operation of the insurer are

such that it would not be in the interest of the

policyholders, the public or the state to permit the

redomestication.

3. The insurer's application to redomesticate shall contain

information acceptable to the Commissioner concerning its financial

condition, its plan of operation for the succeeding three (3) years,

and information concerning the competence, experience and integrity

of those persons who control the operation of the insurer.

4. If the Commissioner determines that grounds exist to

disapprove the application to redomesticate, a public hearing shall

be held. The application for redomestication shall be deemed

approved unless the Commissioner has, within thirty (30) days after

the conclusion of the hearing, entered his or her order disapproving

the redomestication.

B. Any domestic insurer may, upon the approval of the Insurance

Commissioner, transfer its domicile to any other state in which it

is admitted to transact the business of insurance, and upon such a

transfer, shall cease to be a domestic insurer, and shall be

admitted to this state if qualified as a foreign insurer. The

Commissioner shall approve any such proposed transfer unless he or

she shall determine such transfer is not in the interest of the

policyholders of this state.

C. The certificate of authority, agents appointments and

licenses, rates, and other items which the Insurance Commissioner

allows, in his or her discretion, which are in existence at the time

any insurer licensed to transact the business of insurance in this

state transfers its corporate domicile to this or any other state by

merger, consolidation or any other lawful method shall continue in

full force and effect upon such transfer if such insurer remains

duly qualified to transact the business of insurance in this state.

All outstanding policies and other contracts of any transferring

insurer shall remain in full force and effect and need not be

endorsed as to the new name of the company or its new location

unless so ordered by the Commissioner. Every transferring insurer

shall file new policy forms with the Commissioner on or before the

effective date of the transfer, but may use existing policy forms

Oklahoma Statutes - Title 36. Insurance Page 124

with appropriate endorsements if allowed by, and under such

conditions as approved by, the Commissioner. However, every such

transferring insurer shall notify the Commissioner of the details of

the proposed transfer, and shall file promptly, any resulting

amendments to corporate documents required to be filed with the

Commissioner.

D. The Insurance Commissioner may promulgate rules and

regulations to carry out the purposes of this section.
Okla. Stat. tit. 36, § 36-908 — OK Code / Title 36 / Section 36-908
Administrative penalties
Status: in_force

The Insurance Commissioner may, if the Commissioner finds that

any person or organization has violated the provisions of any

statute, rule, or order for which the Commissioner has jurisdiction,

impose a penalty of not more than Five Thousand Dollars ($5,000.00)

for each such violation. Such penalties may be in addition to any

other penalty provided by law.

No penalty shall be imposed except upon a written order of the

Commissioner or the appointed independent hearing examiner, stating

the findings of the Commissioner or the appointed independent

hearing examiner after notice and opportunity for a hearing in

accordance with Article II of the Administrative Procedures Act.
Okla. Stat. tit. 36, § 36-1913 — OK Code / Title 36 / Section 36-1913
Order of conservation or ancillary liquidation of foreign
Status: in_force

or alien insurers.

A. An order to conserve the assets of a foreign or alien

insurer shall require the Insurance Commissioner forthwith to take

possession of the property of the insurer within this state and to

conserve it, subject to the further direction of the court.

B. An order to liquidate the assets in this state of a foreign

insurer shall require the Insurance Commissioner forthwith to take

possession of the property of the insurer within this state and to

liquidate it subject to the orders of the court and with due regard

to the rights and powers of the domiciliary receiver, as provided in

this article.
Okla. Stat. tit. 36, § 36-1215 — OK Code / Title 36 / Section 36-1215
Definitions
Status: in_force

Oklahoma Statutes - Title 36. Insurance Page 282

As used in this act, the following words, terms and phrases

shall have the respective meanings hereinafter set forth, unless the

context shall otherwise require:

1. A "coupon policy" is any policy or contract of life

insurance, other than annuity, which contains, in addition to basic

life insurance benefits, annual endowment benefits evidenced in the

policy contract by coupons which mature as annual endowment

benefits. For the purposes of this act, policies containing annual

endowment benefits evidenced by coupons, passbooks or other devices

generally identified with savings, banking or investment

institutions shall be considered to be coupon policies;

2. A "profit-sharing policy" is that form of life insurance

policy or annuity contract which contains provisions representing or

tending to create the understanding that the policyholder will be

eligible to participate in any future distribution of general

corporate profits, with special advantage not available to persons

holding other types of policies issued by the insurer to individuals

of the same class and equal expectation of life; and

3. A "charter policy" or "founders policy" is that form of life

insurance policy or annuity contract, usually issued by a newly-

organized insurer, which is sold on the basis that its availability

will be limited to a specific predetermined number of units of a

fixed dollar amount and which generally provides that the

policyholder shall participate in the earnings resulting from either

the participating policies or the nonparticipating policies sold by

the insurer, or both.
Okla. Stat. tit. 36, § 36-616 — OK Code / Title 36 / Section 36-616
Issuance or refusal of certificate
Status: in_force

A. If upon completion of application the Insurance Commissioner

finds that the insurer has met the requirements for and is entitled

thereto under this Code, he shall issue to the insurer a proper

certificate of authority; if he does not so find, the Insurance

Commissioner shall issue his order refusing such certificate. The

Insurance Commissioner shall not issue a certificate of authority to

any domestic insurer incorporated after January 1, 1970, unless each

of the shareholders of the common capital stock thereof is entitled

at the shareholders meetings to one vote for each share standing in

his name in the books of the corporation. The Insurance

Commissioner shall act upon an application for a certificate of

authority within thirty (30) days after its completion.

B. The certificate, if issued, shall specify the kind or kinds

of insurance the insurer is authorized to transact in Oklahoma. At

the insurer's request, the Insurance Commissioner may issue a

certificate of authority limited to particular types of insurance

included within a kind of insurance as defined in this code.
Okla. Stat. tit. 36, § 36-6803 — OK Code / Title 36 / Section 36-6803
Coverage of services – Requirements for insurers
Status: in_force

A. For services that a health care professional determines to

be appropriately provided by means of telemedicine, health care

service plans, disability insurer programs, workers' compensation

programs, or state Medicaid managed care program contracts issued,

Oklahoma Statutes - Title 36. Insurance Page 1366

amended, or renewed on or after January 1, 1998, shall not require

person-to-person contact between a health care professional and a

patient.

B. Subsection A of this section shall apply to health care

service plan contracts with the state Medicaid managed care program

only to the extent that both of the following apply:

1. Telemedicine services are covered by, and reimbursed under,

the fee-for-service provisions of the state Medicaid managed care

program; and

2. State Medicaid managed care program contracts with health

care service plans are amended to add coverage of telemedicine

services and make any appropriate capitation rate adjustments.

C. Any health benefit plan that is offered, issued or renewed

in this state by an insurer on or after the effective date of this

act shall provide coverage of health care services provided through

telemedicine, as provided in this section.

D. An insurer shall not exclude a service for coverage solely

because the service is provided through telemedicine and is not

provided through in-person consultation or contact between a health

care professional and a patient when such services are appropriately

provided through telemedicine. An insurer may limit coverage of

services provided by telehealth consistent with coding and clinical

standards recognized by the American Medical Association or the

Centers for Medicare and Medicaid Services as covered if delivered

by telehealth or telemedicine, except as agreed to by the insurer

and provider.

E. An insurer shall reimburse the treating health care

professional or the consulting health care professional for the

diagnosis, consultation or treatment of the patient delivered

through telemedicine services on the same basis and at least at the

rate of reimbursement that the insurer is responsible for coverage

for the provision of the same, or substantially similar, services

through in-person consultation or contact.

F. An insurer shall not apply any deductible to telemedicine

services that accumulates separately from the deductible that

applies in the aggregate to all items and services covered under the

health benefit plan.

G. Any copayment or coinsurance applied to telemedicine

benefits by an insurer shall not exceed the copayment or coinsurance

applied to such benefits when provided through in-person

consultation or contact.

H. An insurer shall not impose any annual or lifetime

durational limits or annual or lifetime dollar maximums for benefits

or services provided through telemedicine that are not equally

imposed upon all terms and services covered under the health benefit

plan.

Oklahoma Statutes - Title 36. Insurance Page 1367

I. An insurer shall not impose any type of utilization review

on benefits provided through telemedicine unless such type of

utilization review is imposed when such benefits are provided

through in-person consultation or contact. Any type of utilization

review that is imposed on benefits provided through telemedicine

shall not occur with greater frequency or more stringent application

than such form of utilization review is imposed on such benefits

provided through in-person consultation or contact.

J. An insurer shall not restrict coverage of telemedicine

benefits or services to benefits or services provided by a

particular vendor, or other third party, or benefits or services

provided through a particular electronic communications technology

platform; provided, that nothing shall require an insurer to cover

any electronic communications technology platform that does not

comply with applicable state and federal privacy laws.

K. An insurer shall not place any restrictions on prescribing

medications through telemedicine that are more restrictive than what

is required under applicable state and federal law.

L. No later than January 1, 2023, the State Department of

Health shall request a report from the Statewide Health Information

Exchange that will provide the following data:

1. The number of providers using telehealth, including the

location, frequency and specific services for which telehealth is

utilized; and

2. The overall cost and cost savings associated with the

utilization of telehealth services.
Okla. Stat. tit. 36, § 36-4030.13 — OK Code / Title 36 / Section 36-4030.13
Operative date of act
Status: in_force

Beginning November 1, 2004, a company may elect to apply its

provisions to annuity contracts filed and approved before November

1, 2004, on a form-by-contract-form basis. Annuity contracts filed

for approval and to be issued on or before November 1, 2004, must

comply with the provisions of the Standard Nonforfeiture Law for

Individual Deferred Annuities. In all other instances, the Standard

Nonforfeiture Law for Individual Deferred Annuities shall become

operative with respect to annuity contracts issued by the company

after November 1, 2006.
Okla. Stat. tit. 36, § 36-3604 — OK Code / Title 36 / Section 36-3604
Insurable interest with respect to personal insurance
Status: in_force

A. 1. Any individual of competent legal capacity may procure

or effect an insurance contract upon his or her own life or body for

the benefit of any person. Except as provided in subsection D of

this section, no person shall procure or cause to be procured any

insurance contract upon the life or body of another individual

unless the benefits under the contract are payable to the individual

insured or a personal representatives, or to a person having, at the

time when the contract was made, an insurable interest in the

individual insured.

2. In the absence of an agreement to the contrary, a policy

procured and owned by a corporation, partnership, association,

limited liability company, or other legal entity on the life or body

of an officer, director, manager, member, or employee, other than a

sole proprietor, upon the termination of the insurable interest, the

owner of the policy shall, if permitted by the terms of the policy,

offer to sell, transfer, or assign the policy to the insured in

exchange for the cash surrender value of the policy or, if there is

no cash value, in exchange for an amount equal to the total of any

premiums paid for the policy, minus any dividends received, plus

interest. This offer shall be made in writing to the insured after

termination of the insurable interest. The offer shall state the

time for acceptance which shall not be less than thirty (30) days

after receipt of the offer by the insured. If the insured rejects

the offer or fails to accept the offer in the time provided, the

owner of the policy may continue to own the policy subject to its

terms.

B. If the beneficiary, assignee, or other payee under any

contract made in violation of this section receives from the insurer

any benefits thereunder accruing upon the death, disability, or

injury of the individual insured, the individual insured or an

executor or administrator, as the case may be, may maintain an

action to recover such benefits from the person receiving them.

C. "Insurable interest" with reference to personal insurance

includes only interests as follows:

Oklahoma Statutes - Title 36. Insurance Page 770

1. In the case of individuals related closely by blood or by

law, a substantial interest engendered by love and affection;

2. In the case of other persons, a lawful and substantial

economic interest in having the life, health, or bodily safety of

the individual insured continue, as distinguished from an interest

which would arise only by, or would be enhanced in value by, the

death, disability, or injury of the individual insured;

3. An individual heretofore or hereafter party to a contract or

option for the purchase or sale of an interest in a business

partnership or firm, or of shares of stock of a closed corporation

or of an interest in such shares, has an insurable interest in the

life of each individual party to the contract and for the purposes

of the contract only, in addition to any insurable interest which

may otherwise exist as to the life of the individual;

4. A trustee of a trust, whenever established, shall be deemed

to have an insurable interest in:

a. the individual insured who established the trust,

b. each individual in whose life the owner of the trust

for federal income tax purposes has an insurable

interest, and

c. each individual in whose life a beneficiary of the

trust has an insurable interest; and the proceeds of

the life insurance policy are primarily for the

benefit of the trust beneficiaries having an insurable

interest in the life of the individual insured; and

5. a. An employer, or a trust which is sponsored by an

employer for the benefit of its employees, shall have

an insurable interest in each of the lives of the

employees, directors, or retired employees of the

employer. Notwithstanding paragraph 2 of subsection C

of this section or Section 4101 of this title, and

amendments thereto, the employer or trust may insure

the life of any employee, director, or retired

employee for the benefit of the employer or trust on

an individual or group basis only with the written

consent of the insured.

b. The consent requirement of Section 3607 of this title

shall be accomplished as follows:

(1) the employer shall notify the employee, director,

or retired employee by a written notice that the

employer or trust would like to obtain life

insurance coverage with respect to the person's

life, and

(2) if the employee, director, or retired employee

fails to provide written consent to the employer

or trust, the employer or trust shall not

purchase or obtain such insurance.

Oklahoma Statutes - Title 36. Insurance Page 771

c. It shall be unlawful for the employer or trust to

retaliate against any person for refusing to consent

to the issuance of insurance on the person.

d. The insurable interest of the employer or trust in

nonmanagement and retired employees shall be limited

to an amount agreed to by the employee or, in the

absence of an agreement, an amount of aggregate

projected death benefits commensurate with the

aggregate projected liabilities to the employee under

all employee welfare benefit plans, as defined in

Section 1002(1) of Title 29 of the United States Code.

Calculations of life insurance benefits and welfare

benefit liabilities shall be made in accordance with

generally accepted actuarial principles. Matching of

life insurance benefits and welfare benefit

liabilities may be done on cash flow, present value,

or other appropriate basis.

e. For purposes of this section:

(1) "employer" means any individual, sole

proprietorship, partnership, limited liability

company, corporation, or other legal entity that

is legally doing business in this state; the term

shall also include all entities or persons which

are controlled by or affiliated with any of the

foregoing. The determination of whether any

entity or person is controlled by or affiliated

with another shall be made by applying the

principles set forth in subsection (b) or (c) of

Section 414 of Title 26 of the United States

Code, as in effect on January 1, 1993, except

that all references therein to eighty percent

(80%) shall be changed to fifty-one percent

(51%), and

(2) “employee” means any common law employee of an

employer.

f. This section shall not be interpreted to limit other

insurable interests which may exist by statute or at

common law.

g. Determination of the existence and extent of the

insurable interest under any life insurance policy

shall be made at the time the contract of insurance

becomes effective, provided however, the insurable

interest need not exist at the time the loss occurs.

D. Life insurance contracts may be entered into in which the

person paying the consideration for the insurance has no insurable

interest in the life of the individual insured, where charitable,

benevolent, educational or religious institutions, or their

Oklahoma Statutes - Title 36. Insurance Page 772

agencies, are designated as the beneficiaries thereof. In no event

shall an individual be named as a beneficiary. In making these

contracts, the person paying the premium shall make and sign the

application therefor as owner and shall designate a charitable,

benevolent, educational, or religious institution, or an agency

thereof, as the beneficiary or beneficiaries of the contract. The

application or any subsequent change of beneficiary designation

shall be signed by the individual whose life is to be insured.

These contracts shall be valid and binding among the parties,

notwithstanding the absence otherwise of an insurable interest in

the life of the individual insured.

E. Life insurance contracts may be entered into in which the

members of an alumni association of an institution of higher

education accredited by the Oklahoma State Regents for Higher

Education are insured under a group insurance policy and either the

institution is the designated beneficiary thereof or the association

is the designated beneficiary with the stipulation that the

association will use the proceeds of the policies for direct grants

to the institution or for scholarships for students of such

institutions. In no event shall an individual be named as a

beneficiary to such a policy. In making such contracts, the person

paying the premium shall make and sign the application therefor as

owner and shall designate an institution or alumni association as

the beneficiary or beneficiaries of such contract. The application

or any subsequent change of beneficiary designation shall be signed

also by the individual whose life is to be insured. These contracts

shall be valid and binding among the parties thereto,

notwithstanding the absence of an insurable interest in the life of

the individual insured.
Okla. Stat. tit. 36, § 36-6217 — OK Code / Title 36 / Section 36-6217
Term of license - Continuing education - Rules - Renewals
Status: in_force

of license - Provider fee.

A. All licenses issued pursuant to the provisions of the

Insurance Adjusters Licensing Act shall continue in force not longer

than twenty-four (24) months. The renewal dates for the licenses

may be staggered throughout the year by notifying licensees in

writing of the expiration and renewal date being assigned to the

Oklahoma Statutes - Title 36. Insurance Page 1174

licensees by the Insurance Commissioner and by making appropriate

adjustments in the biennial licensing fee.

B. Any licensee applying for renewal of a license as an

adjuster shall have completed not less than twenty-four (24) clock

hours of continuing insurance education, of which three (3) hours

shall be in ethics, within the previous twenty-four (24) months

prior to renewal of the license. The Insurance Commissioner shall

approve courses and providers of continuing education for insurance

adjusters as required by this section.

The Insurance Department may use one or more of the following to

review and provide a nonbinding recommendation to the Insurance

Commissioner on approval or disapproval of courses and providers of

continuing education:

1. Employees of the Insurance Commissioner;

2. A continuing education advisory committee;

3. An independent service whose normal business activities

include the review and approval of continuing education courses and

providers. The Commissioner may negotiate agreements with such

independent service to review documents and other materials

submitted for approval of courses and providers and present the

Commissioner with its nonbinding recommendation. The Commissioner

may require such independent service to collect the fee charged by

the independent service for reviewing materials provided for review

directly from the course providers.

C. An adjuster who, during the time period prior to renewal,

participates in an approved professional designation program shall

be deemed to have met the biennial requirement for continuing

education. Each course in the curriculum for the program shall

total a minimum of twenty-four (24) hours. Each approved

professional designation program included in this section shall be

reviewed for quality and compliance every two (2) years in

accordance with standardized criteria promulgated by rule.

Continuation of approved status is contingent upon the findings of

the review. The list of professional designation programs approved

under this subsection shall be made available to producers and

providers annually.

D. The Insurance Department may promulgate rules providing that

courses or programs offered by professional associations shall

qualify for presumptive continuing education credit approval. The

rules shall include standardized criteria for reviewing the

professional associations’ mission, membership, and other relevant

information, and shall provide a procedure for the Department to

disallow a presumptively approved course. Professional association

courses approved in accordance with this subsection shall be

reviewed every two (2) years to determine whether they continue to

qualify for continuing education credit.

Oklahoma Statutes - Title 36. Insurance Page 1175

E. The active service of a licensed adjuster as a member of a

continuing education advisory committee, as described in paragraph 2

of subsection B of this section, shall be deemed to qualify for

continuing education credit on an hour-for-hour basis.

F. 1. Each provider of continuing education shall, after

approval by the Commissioner, submit an annual fee. A fee may be

assessed for each course submission at the time it is first

submitted for review and upon submission for renewal at expiration.

Annual fees and course submission fees shall be set forth as a rule

by the Commissioner. The fees are payable to the Insurance

Commissioner and shall be deposited in the State Insurance

Commissioner Revolving Fund, created in Section 307.3 of this title,

for the purposes of fulfilling and accomplishing the conditions and

purposes of the Oklahoma Producer Licensing Act and the Insurance

Adjusters Licensing Act. Public-funded educational institutions,

federal agencies, nonprofit organizations, not-for-profit

organizations and Oklahoma state agencies shall be exempt from this

subsection.

2. The Commissioner may assess a civil penalty, after notice

and opportunity for hearing, against a continuing education provider

who fails to comply with the requirements of the Insurance Adjusters

Licensing Act, of not more than Five Hundred Dollars ($500.00), for

each occurrence. The civil penalty may be enforced in the same

manner in which civil judgments may be enforced.

G. Subject to the right of the Commissioner to suspend, revoke,

or refuse to renew a license of an adjuster, any such license may be

renewed by filing on the form prescribed by the Commissioner on or

before the expiration date a written request by or on behalf of the

licensee for such renewal and proof of completion of the continuing

education requirement set forth in subsection B of this section,

accompanied by payment of the renewal fee.

H. If the request, proof of compliance with the continuing

education requirement and fee for renewal of a license as an

adjuster are filed with the Commissioner prior to the expiration of

the existing license, the licensee may continue to act pursuant to

said license, unless revoked or suspended prior to the expiration

date, until the issuance of a renewal license or until the

expiration of ten (10) days after the Commissioner has refused to

renew the license and has mailed notice of said refusal to the

licensee. Any request for renewal filed after the date of

expiration may be considered by the Commissioner as an application

for a new license.
Okla. Stat. tit. 36, § 36-6058A — OK Code / Title 36 / Section 36-6058A
Enrollment of child under parent's health plan -
Status: in_force

Noncustodial parents.

A. Notwithstanding any other provision of law, an insurer shall

not deny enrollment of a child under the health plan of the child's

parent on the grounds that:

1. The child was born out of wedlock;

2. The child is not claimed as a dependent on the parent's

federal income tax return; or

3. The child does not reside with the parent or in the

insurer's service area.

B. If a child has health coverage through an insurer of a

noncustodial parent the insurer shall:

1. Upon request, provide complete information to the custodial

person, the designated agency administering the State Medicaid

Program, the state agency administering the provisions of 42 U.S.C.,

Sections 5 through 669, or the Child Support Enforcement Division of

the Department of Human Services, regarding any insurance benefits

to which the child is entitled, and any forms, publications, or

documents necessary to apply for or to utilize the benefits

available through that coverage;

2. Permit the custodial person, the designated agency

administering the State Medicaid Program, or the provider with

approval, to submit claims for covered services without the approval

of the noncustodial parent; and

3. Make payments on claims submitted in accordance with

paragraph 2 of this subsection directly to the custodial person, the

provider, or the designated agency administering the State Medicaid

Program.

C. When a parent is required by a court or administrative order

to provide health coverage for a child, and the parent is eligible

for family health coverage, the insurer shall be required:

1. To permit the parent to enroll, under the family coverage, a

child who is otherwise eligible for the coverage without regard to

any enrollment season restrictions;

2. To enroll the child under family coverage and deduct the

employee’s cost of the coverage from the employee's wages. The

enrollment shall be made upon application to the employer by the

custodial person, the designated agency administering the State

Medicaid Program, or the state agency administering the provisions

of 42 U.S.C., Sections 5 to 669, the Child Support Enforcement

Division; and

Oklahoma Statutes - Title 36. Insurance Page 1080

3. Not to disenroll, or eliminate coverage for the child unless

the insurer is provided satisfactory written evidence that:

a. the court or administrative order is no longer in

effect, or

b. the child is or will be enrolled in comparable health

coverage through another insurer which will take

effect not later than the effective date of

disenrollment;

provided, however, the provisions of this subsection shall not apply

where the coverage is through a group plan and the group’s coverage

through the insurer is discontinued or the noncustodial parent

ceases to be eligible for participation in the group plan.

D. An insurer may not impose requirements on a state agency,

which has been assigned the rights of an individual eligible for

medical assistance under Medicaid and covered for health benefits

from the insurer, that are different from requirements applicable to

an agent or assignee of any other individual covered.

E. As used in this section, "insurer" includes a licensed

insurance company, not-for-profit hospital service or medical

indemnity corporation, a fraternal benefit society, a health

maintenance organization, a prepaid plan, a preferred provider

organization, a multiple employer welfare arrangement, a self-

insured, the State and Education Employees Group Insurance Board, or

any other entity providing a plan of health insurance or health

benefits in this state.

F. If child support services are being provided under the state

child support plan as provided under Section 237 of Title 56 of the

Oklahoma Statutes, the Child Support Enforcement Division shall

notify the parent’s employer to enroll the child in health care

coverage available under the employer’s plan by sending the employer

a National Medical Support Notice issued pursuant to Section

466(a)(19) of the Social Security Act, and Section 609(a)(5)(C) of

the Employee Retirement Income Security Act of 1974, as soon as the

National Medical Support Notice is promulgated by the United States

Department of Health and Human Services. The insurer, upon receipt

from the employer of Part B of the National Medical Support Notice

to Plan Administrator, shall comply with Part B of the National

Medical Support Notice. The insurer may be fined up to Two Hundred

Dollars ($200.00) per month per child for each failure to comply

with the requirements of the National Medical Support Notice. Fines

collected shall be remitted to the Child Support Revenue Enhancement

Fund created pursuant to Section 225 of Title 56 of the Oklahoma

Statutes.

G. The Department of Human Services shall promulgate rules as

necessary to implement the provisions of this section.
Okla. Stat. tit. 36, § 36-4808 — OK Code / Title 36 / Section 36-4808
Homeowner's policies - Automatic increase in coverage
Status: in_force

No homeowner's policy shall automatically increase coverage for

replacement of a home of an insured unless the insured or his

designated representative has been notified of the amount of

increased replacement coverage not less than thirty (30) days prior

to the renewal date. The provisions of this section shall not apply

if the insured provides to the insurer written consent to automatic

increases in coverage. Any written consent provided under this

section shall remain continuously in force until the insured

provides written revocation to the insurer.

Provided, nothing in this section shall be construed to relieve

the insurer from paying the full value of any claim against the

policy up to the maximum amount for which the home is insured.
Okla. Stat. tit. 36, § 36-1452 — OK Code / Title 36 / Section 36-1452
Annual report - Penalties for failure to file - Waiver
Status: in_force

A. On or before June 1 of each year, all licensed

administrators shall file an annual report for the previous calendar

year. Any report filed by an administrator with accumulated year-

to-date premiums collected or claims paid of Fifty Thousand Dollars

($50,000.00) or more, whichever is greater, shall have been reviewed

by a certified public accountant who shall be independent of the

administrator. The report shall be subscribed and sworn to by the

president and attested to by the secretary or other proper officers

substantiating that the information contained in the report is true

and factual concerning each of the plans they administer which are

governed pursuant to the provisions of the Third-party Administrator

Act. The report shall include the name and address of each fund and

a statement of fund equity, paid claims by the covered unit, the

accumulated year-to-date paid claims, and the year-to-date reserve

status. Failure of any third-party administrator to execute and

file the annual reports as required by this section shall constitute

cause, after notice and opportunity for hearing, for censure,

suspension, or revocation of administrator licensure to transact

business in this state, or a civil penalty of not less than One

Hundred Dollars ($100.00) or more than One Thousand Dollars

($1,000.00) for each occurrence, or both censure, suspension, or

revocation and civil penalty.

B. If a licensed administrator has had no business or activity

in the past calendar year, has not administered any insurance plans

or business in the past calendar year and no funds are under the

licensed administrator's oversight and administration, then the

licensed administrator shall submit an application for waiver of the

annual report described in subsection A of this section on a form

prescribed by the Commissioner. Upon applying for a waiver, the

administrator shall state under oath that the administrator has had

no business, has not administered any funds and the licensee's

administration of premiums and claims has been dormant for the past

calendar year. The application must be submitted no later than

April 1st on the form prescribed by the Commissioner.
Okla. Stat. tit. 36, § 36-999.6 — OK Code / Title 36 / Section 36-999.6
Refusal to cover unrepaired damage
Status: in_force

An insurer may refuse to provide mine subsidence coverage on a

residence, living unit or commercial building evidencing unrepaired

mine subsidence damage until such damage has been repaired.
Okla. Stat. tit. 36, § 36-4809 — OK Code / Title 36 / Section 36-4809
Reduced rates to persons failing or refusing to pay
Status: in_force

assessments - Violation – Penalties.

A. Except as otherwise provided in this subsection, no property

or casualty insurance company shall give any special or reduced rate

for fire insurance on any risk because it is located in a rural fire

protection district or in an area protected by a rural fire

department in which the district or department is wholly or

partially funded by dues or subscription payments paid by owners of

property who are members of an association supporting the rural fire

department to any person who fails or refuses to pay the appropriate

Oklahoma Statutes - Title 36. Insurance Page 1013

dues or subscription payments for support of the district or

department pursuant to the procedure outlined in subsection C of

this section. Property and casualty insurance companies providing a

fire run service benefit payment within the fire insurance policy

shall not be subject to this subsection.

B. Property owners owning property in more than one fire

district or fire department area relying on dues or subscriptions

for partial or complete funding shall pay dues to a fire district or

fire department in whose district or area they own property if they

wish to receive special or reduced rates for property and casualty

insurance.

C. Except as otherwise provided in this subsection, it is

unlawful for any insurance agent or company to knowingly write an

initial policy of fire insurance coverage on any risk located in a

rural fire protection district or in any area protected by a rural

fire department at any special or reduced rate or with any rate

credit based on location of the risk in the district or area without

having first obtained from the insured or from the rural fire

protection district or rural fire department evidence that current

dues or subscription payments, if any, for the property to be

insured have been paid. Following the writing of the initial

policy, the insurance agent or company shall obtain evidence of

successful payment of current dues or subscription payments

annually. The evidence required by the insurer may be a receipt,

canceled check, or other valid proof of payment. Any insurance

agent or company writing a policy of fire insurance coverage

providing a fire run service benefit payment within the fire

insurance policy shall not be subject to this subsection.

D. If any agent is found by the Insurance Commissioner to have

violated the provisions of this subsection, the agent shall be

liable for an administrative penalty of Twenty-five Dollars ($25.00)

for the first violation and Fifty Dollars ($50.00) for any

subsequent violation.
Okla. Stat. tit. 36, § 36-2404 — OK Code / Title 36 / Section 36-2404
Provisions applicable to mutual benefit associations
Status: in_force

A. The following provisions are made applicable to mutual

benefit associations:

1. The bylaws of such associations shall provide for periodical

meetings of the members and how special meetings may be called. At

such meetings each member shall be entitled to vote on all questions

arising, either in person or by proxy, and such proxy may be given

in the application for membership.

2. The bylaws shall provide for the calling of extra, increased

or additional assessments when in the opinion of the board of

directors such is necessary.

3. The bylaws may provide for the issuing of graded membership

certificates to persons not to exceed seventy-two (72) years of age,

and for the grading of rates of assessment according to the age of

members; provided that the premium or assessment charged on policies

or certificates insuring individuals over age seventy-two (72) shall

not be less than the net rate produced by using the American

Experience Table of Mortality with interest assumption at three and

one-half percent (3 1/2%) plus ten percent (10%).

4. Such associations shall have the right to regulate and

govern their affairs as provided and set forth in their respective

bylaws, so long as such bylaws are not in conflict with any law of

this state. The membership shall be bound by the bylaws of the

association as the same exist at the time of joining or as they may

be amended in the future. Provided, no amendment to such bylaws

affecting the policy contract or rate of contribution of the

membership shall become valid and binding upon the membership unless

notice of such proposed change in the bylaws is given each member of

such association at least twenty (20) days prior to any annual

meeting or special meeting of such association called to consider

such proposed amendment and a certified copy thereof is filed with

the Insurance Commissioner and approved by the Commissioner;

provided further, that no notice of such proposed amendment shall be

required if the same is adopted in compliance with any of the

Oklahoma Statutes - Title 36. Insurance Page 665

provisions of this article or a notice or order of the Insurance

Commissioner made in pursuance thereof. Bylaws or amendments

thereto, which are not in conflict with any of the provisions of

this article, shall be approved by the Insurance Commissioner.

5. The affairs of such associations shall be conducted strictly

in accordance with their respective bylaws herein provided for. Such

bylaws duly certified to by the president and secretary shall be

filed with the Insurance Commissioner, and copies of such, duly

certified by the Commissioner, shall be received in evidence in all

courts of this state.

6. In all actions against assessment insurance companies or

against the bonds or bondsmen of such companies by any policyholder

or beneficiary, it shall not be necessary to notify or summon the

other policyholders or beneficiaries, but it shall be sufficient to

bring such company into court by usual summons on the secretary or

president or managing agent thereof, and in suits upon the bond by

ordinary services as in other cases upon the several bondsmen sued.

7. In case the membership of any such association is divided

into circles, classes or groups, upon the membership of which

assessments are made to cover benefits or to replenish the mortuary

or benefit fund, no benefit assessment shall be made upon any other

circle, class or group to which the insured member does or did not

belong to cover such benefit paid or to be paid.

B. No circle, class or group shall be established unless a

sufficient number of members be placed therein and a regular benefit

assessment collected therefrom will produce an amount sufficient to

pay in full the face amount of the policy issued for which the

assessment was levied, and each and every circle, class or group

shall be maintained up to the number placed therein when such

circle, class, or group was established; provided, that not more

than one circle, class or group shall remain incomplete.
Okla. Stat. tit. 36, § 36-6060.17 — OK Code / Title 36 / Section 36-6060.17
Allowable expenditures
Status: in_force

The trustee or custodian shall utilize the funds held in a

health savings account solely for the following purposes:

1. To pay the qualified medical expenses of the eligible

individual or their dependents; or

2. To purchase a health coverage policy certificate, or

contract, if the eligible individual:

a. is receiving unemployment compensation,

b. is exercising continuation privileges under federal

law, or

c. is purchasing a long-term care insurance contract; or

3. To pay for health insurance other than a Medicare

supplemental policy for those who are Medicare eligible.
Okla. Stat. tit. 36, § 36-625.1 — OK Code / Title 36 / Section 36-625.1
Premium tax credit
Status: in_force

A. A foreign or alien insurer which is subject to the tax

imposed by Section 624 of this title shall be entitled to a credit

against said tax actually paid to and placed in the General Revenue

Fund of the state, not including any of said tax monies placed in

pension funds and not including any of said tax monies placed in

escrow, if, during the year for which the tax is being assessed, the

insurer or its affiliate maintained a regional home office in this

state in a building owned or leased by the insurer. To receive a

credit against the tax imposed for the year in which the regional

home office was established, said office must have been maintained

continuously from on or before August 1 of that year through the

last day of the calendar year. For succeeding years, an insurer or

its affiliate shall have maintained the regional home office

continuously from the first day of the calendar year for which the

tax is imposed through the last day of that calendar year. The Home

Office Credit shall be calculated as follows:

1. Until June 30, 2010, the credit shall be equal to the

following percentages of the amount due after the credits authorized

by Sections 624.1 and 625 of this title have been deducted:

a. fifteen percent (15%), if there are more than two

hundred full-time, year-round Oklahoma employees, but

Oklahoma Statutes - Title 36. Insurance Page 146

less than three hundred full-time, year-round Oklahoma

employees,

b. twenty-five percent (25%), if there are more than

three hundred full-time, year-round Oklahoma

employees, but less than four hundred full-time, year-

round Oklahoma employees,

c. thirty-five percent (35%), if there are more than four

hundred full-time, year-round Oklahoma employees, but

less than five hundred full-time, year-round Oklahoma

employees, or

d. fifty percent (50%), if there are five hundred or more

full-time, year-round Oklahoma employees; and

2. Beginning July 1, 2010, in the calculation of the credit,

the amount to be apportioned to the Oklahoma Firefighters Pension

and Retirement Fund, the Oklahoma Police Pension and Retirement

System and the Law Enforcement Retirement Fund shall be applied

prior to the calculation of the credit. The amount of the credit

shall be derived from amounts remaining after the apportionment to

the Oklahoma Firefighters Pension and Retirement Fund, the Oklahoma

Police Pension and Retirement System and the Law Enforcement

Retirement Fund. The credit shall be calculated by first applying a

“Home Office Credit Allotment Rate” of forty-seven percent (47%) to

the gross premium tax owed by the insurer and then determining the

allowable credit by applying the following percentages of the amount

due after the credits authorized by Sections 624.1 and 625 of this

title have been deducted:

a. fifteen percent (15%), if there are more than two

hundred full-time, year-round Oklahoma employees, but

less than three hundred full-time, year-round Oklahoma

employees,

b. twenty-five percent (25%), if there are more than

three hundred full-time, year-round Oklahoma

employees, but less than four hundred full-time, year-

round Oklahoma employees,

c. thirty-five percent (35%), if there are more than four

hundred full-time, year-round Oklahoma employees, but

less than five hundred full-time, year-round Oklahoma

employees, or

d. fifty percent (50%), if there are five hundred or more

full-time, year-round Oklahoma employees.

B. A domestic insurer with four hundred or more full-time,

year-round Oklahoma employees which is subject to the tax imposed by

Section 624 of this title shall be entitled to a credit against said

tax actually paid to and placed in the General Revenue Fund of the

state, not including any of said tax monies placed in pension funds

and not including any of said tax monies placed in escrow, if,

during the year previous to the year for which the tax is being

Oklahoma Statutes - Title 36. Insurance Page 147

assessed, the insurer or its affiliate maintained a regional home

office in this state in a building owned or leased by the insurer

and during the year for which the tax is being assessed, the insurer

establishes its home office in this state in a building owned or

leased by the insurer. To receive a credit against the tax imposed

for the year in which the home office was established, said office

must have been maintained continuously from on or before August 1 of

that year through the last day of the calendar year. For succeeding

years, an insurer shall have maintained the home office continuously

from the first day of the calendar year for which the tax is imposed

through the last day of that calendar year. Insurers who take

action before August 1, 2000, to establish their home office in this

state shall be entitled to a credit against the tax imposed on or

after January 1, 2001, which shall be in addition to the credit the

insurer is entitled to for that year. The Home Office Credit shall

be calculated as follows:

1. Until June 30, 2010, the credit shall be equal to the

following percentages of the amount due after the credits authorized

by Sections 624.1 and 625 of this title have been deducted:

a. thirty-five percent (35%), if there are more than four

hundred full-time, year-round Oklahoma employees, but

less than five hundred full-time, year-round Oklahoma

employees, or

b. fifty percent (50%), if there are five hundred or more

full-time, year-round Oklahoma employees; and

2. Beginning July 1, 2010, in the calculation of the credit,

the amount to be apportioned to the Oklahoma Firefighters Pension

and Retirement Fund, the Oklahoma Police Pension and Retirement

System and the Law Enforcement Retirement Fund shall be applied

prior to the calculation of the credit. The amount of the credit

shall be derived from amounts remaining after the apportionment to

the Oklahoma Firefighters Pension and Retirement Fund, the Oklahoma

Police Pension and Retirement System and the Law Enforcement

Retirement Fund. The credit shall be calculated by first applying a

“Home Office Credit Allotment Rate” of forty-seven percent (47%) to

the gross premium tax owed by the insurer and then determining the

allowable credit by applying the following percentages of the amount

due after the credits authorized by Sections 624.1 and 625 of this

title have been deducted:

a. thirty-five percent (35%), if there are more than four

hundred full-time, year-round Oklahoma employees, but

less than five hundred full-time, year-round Oklahoma

employees, or

b. fifty percent (50%), if there are five hundred or more

full-time, year-round Oklahoma employees.

C. A domestic insurer which is subject to the tax imposed by

Section 624 of this title shall be entitled to a credit against said

Oklahoma Statutes - Title 36. Insurance Page 148

tax actually paid to and placed in the General Revenue Fund of the

state, not including any of said tax monies placed in pension funds

and not including any of said tax monies placed in escrow, if,

during the year for which the tax is being assessed, the insurer

maintained a regional home office in at least five or more counties

in this state in buildings owned or leased by the insurer. To

receive a credit against the tax imposed for the year in which the

regional home offices were established, said offices must have been

maintained continuously from on or before August 1 of that year

through the last day of the calendar year. For succeeding years, an

insurer shall have maintained the regional home offices continuously

from the first day of the calendar year for which the tax is imposed

through the last day of that calendar year. The Home Office Credit

shall be calculated as follows:

1. Until June 30, 2010, the credit shall be equal to the

percentage of the amount due after the credits authorized by

Sections 624.1 and 625 of this title have been deducted as

established in subsection A of this section; and

2. Beginning July 1, 2010, in the calculation of the credit,

the amount to be apportioned to the Oklahoma Firefighters Pension

and Retirement Fund, the Oklahoma Police Pension and Retirement

System and the Law Enforcement Retirement Fund shall be applied

prior to the calculation of the credit. The amount of the credit

shall be derived from amounts remaining after the apportionment to

the Oklahoma Firefighters Pension and Retirement Fund, the Oklahoma

Police Pension and Retirement System and the Law Enforcement

Retirement Fund. The credit shall be calculated by first applying a

“Home Office Credit Allotment Rate” of forty-seven percent (47%) to

the gross premium tax owed by the insurer and then determining the

allowable credit by applying the percentage of the amount due after

the credits authorized by Sections 624.1 and 625 of this title have

been deducted as established in subsection A of this section.

D. Proof that an insurer qualifies for the credit authorized by

this section shall be on forms prescribed by the Insurance

Commissioner and shall be submitted to the Commissioner annually

with the report which is filed pursuant to Section 624 of the

Insurance Code.

E. The credit provided for in subsections A, B and C of this

section shall be based on the total number of Oklahoma employees in

the regional or home office when a group of insurers which are under

common management and control maintain a regional home office or

home office in this state in a building owned or leased by the group

of insurers. The credit provided for in subsections A, B and C of

this section may be allocated among the insurance company and the

insurance company affiliates at the discretion of the insurance

company on a per-insurance-company basis.

F. As used in this section:

Oklahoma Statutes - Title 36. Insurance Page 149

1. "Regional home office" means an office transacting

insurance, as defined in Section 105 of this title, and performing

insurance company operations, which is defined as one or more or any

combination of the following functions and services performed in

connection with the development, sale, and administration of

products giving rise to receipts subject to a premium tax on

domestic and foreign insurance companies, or domestic or foreign

health care insurance corporations: actuarial, medical, legal,

investments, accounting, auditing, underwriting, policy issuance,

information, policyholder services, premium collection, claims,

advertising and publications, public relations, human resources,

marketing, sales office staff, training of sales and service

personnel, and clerical, managerial, and other support for any such

functions or services;

2. "Common management and control" means the possession, direct

or indirect, of the power to direct or cause the direction of the

management and policies of an insurer, whether through the ownership

of voting securities, by contract, or otherwise, unless the power is

executed by a person acting in an official capacity, performing

duties imposed and exercising authority granted because of the

person's position as an officer or employee of the insurer. Control

shall be presumed to exist if any person, directly or indirectly,

owns, controls, holds with the power to vote, or holds proxies

representing twenty-five percent (25%) or more of the voting

securities of the insurer;

3. “Oklahoma employees” means persons who are employed in

Oklahoma after January 1, 2000, and who are common law employees of

an insurance company or its affiliate. Oklahoma employees do not

include independent contractors or any persons to the extent that

the compensation of that person is based on commissions;

4. “Insurance company” means any entity subject to a premium

tax on domestic and foreign insurance companies, or domestic or

foreign health care insurance corporations, including the attorney-

in-fact authorized by and acting for the subscribers of a reciprocal

insurer or inter-insurance exchange under powers of attorney. A

reciprocal and its attorney-in-fact shall be a single entity; and

5. “Home office” means the executive offices of an insurance

company which is domiciled in this state.

G. Each insurer or insurance group requesting a credit under

this section shall certify by affidavit, approved as to form by the

Commissioner, that the insurer has met all of the qualifications

required by this section and is authorized to a credit against the

premium tax which actually shall be paid to, and placed in the

General Revenue Fund of the state, exclusive of any amounts of the

tax which shall be credited to pension funds pursuant to law and

exclusive of any amounts which shall be placed into escrow. The

Commissioner may do an examination for the sole purpose of

Oklahoma Statutes - Title 36. Insurance Page 150

certifying that all requirements of this section are being met by

the insurer requesting to obtain any credits against premium tax.

H. For the fiscal year beginning July 1, 2006, and for each

fiscal year thereafter, and notwithstanding any other provisions of

Title 36 of the Oklahoma Statutes or any other provision of law

governing the order in which the credit authorized by this section

is to be deducted from the liability of the company claiming such

credit to the contrary, the credit authorized by this section shall

be deducted from the insurance premium tax liability of the company

claiming such credit prior to the deduction of any other credits

that may be claimed against such liability.
Okla. Stat. tit. 36, § 36-4030.2 — OK Code / Title 36 / Section 36-4030.2
Short title
Status: in_force

Oklahoma Statutes - Title 36. Insurance Page 852

Sections 4030.2 through 4030.13 of this title shall be known and

may be cited as the “Standard Nonforfeiture Law for Individual

Deferred Annuities”.
Okla. Stat. tit. 36, § 36-4074 — OK Code / Title 36 / Section 36-4074
Notification to Insurance Commissioner
Status: in_force

On or before ninety (90) days after the later of the effective

date of this act or the date on which it issues its first charitable

gift annuity contract, the charitable organization shall notify the

Insurance Commissioner in writing that it has issued one or more

charitable gift annuities. This notice shall be signed by an

officer or director of the charitable organization and shall:

a. show the name and principal address of the charitable

organization,

b. certify that the organization is an organization

described by Section 501(c)(3) of the Internal Revenue

Code and Section 170(c) of the Internal Revenue Code,

c. have attached a copy of the organization's letter from

the Internal Revenue Service declaring its exempt

status,

Oklahoma Statutes - Title 36. Insurance Page 914

d. certify that the charitable organization has issued

one or more charitable gift annuity contracts and that

these charitable gift annuity contracts are qualified

charitable gift annuity contracts as defined in this

act,

e. certify that the charitable organization has a minimum

of One Hundred Thousand Dollars ($100,000.00) in

unrestricted assets exclusive of the assets comprising

the qualified charitable gift annuities issued by the

charitable organization,

f. certify that the charitable organization has been in

continuous operation for at least three (3) years or

is a successor or an affiliate of a charitable

organization that has been in continuous operation for

at least three (3) years, and

g. have attached the most recent annual audit of the

charitable organization prepared by an independent

certified public accountant or accounting firm or

individual holding a permit to practice public

accounting in accordance with generally accepted

accounting principles.
Okla. Stat. tit. 36, § 36-2401 — OK Code / Title 36 / Section 36-2401
Mutual benefit associations legalized
Status: in_force

All associations or companies or corporations doing an

assessment life, health or accident insurance business in this state

on the first day of January, 1925, on the assessment or mutual

Oklahoma Statutes - Title 36. Insurance Page 661

benefit plan, known as group or circle associations, or otherwise,

and defined in this article as mutual benefit associations, are, by

this article, legalized, ratified and confirmed and said

associations, companies or corporations may continue to do business

in this state if they comply with this article through their

charters and bylaws and they accept the conditions of and, in other

respects, comply with the provisions thereof. The conditions of the

validation of said associations, companies or corporations, and

their authority to do business in this state under certain

restrictions, are hereinafter prescribed.
Okla. Stat. tit. 36, § 36-6060.15 — OK Code / Title 36 / Section 36-6060.15
Definitions
Status: in_force

As used in this act:

1. "Deductible" means the total deductible for an eligible

individual and all the dependents of that eligible individual for a

calendar year;

Oklahoma Statutes - Title 36. Insurance Page 1112

2. "Dependent" means the spouse or child of the eligible

individual as defined in Section 152 of the Internal Revenue Code;

3. "Eligible individual" means the individual taxpayer,

including employees of an employer who contributes to health savings

accounts on the employees' behalf, who:

a. must be covered by a "high deductible health plan"

individually or with dependent,

b. may not be covered under any health plan that is not a

high deductible health plan, except for:

(1) coverage for accidents,

(2) workers’ compensation insurance,

(3) insurance for a specified disease or illness,

(4) insurance paying a fixed amount per day per

hospitalization, and

(5) tort liabilities, and

c. establishes the health savings account, or on whose

behalf the health savings account is established;

4. "Health savings account" or "account" means a trust or

custodian established in this state pursuant to a health savings

account program exclusively to pay the qualified medical expenses of

an eligible individual or their dependents, but only if the written

governing instrument creating the account meets the following

requirements:

a. except in the case of a rollover contribution, no

contribution will be accepted:

(1) unless it is in cash, or

(2) to the extent the contribution, when added to the

previous contributions to the account for the

calendar year, exceeds the maximum contribution

amount pursuant to Section 223 of the Internal

Revenue Code,

b. the trustee or custodian is a bank, a credit union, an

insurance company, or another person approved by the

United States Secretary of Health and Human Services,

c. no part of the trust assets will be invested in life

insurance contracts,

d. the assets of the account will not be commingled with

other property except as allowed for under Individual

Retirement Accounts, and

e. eligible individual's interest in the account is

nonforfeitable;

5. "Health savings account program" or "program" means a

program that includes all of the following:

a. the purchase by an eligible individual or by an

employer of a high deductible health plan, and

b. the contribution into a health savings account by an

eligible individual or on behalf of an employee or by

Oklahoma Statutes - Title 36. Insurance Page 1113

their employer. The total annual contribution may not

exceed the maximum contribution amount pursuant to

Section 223 of the Internal Revenue Code;

6. "High deductible health plan" means a health coverage

policy, certificate, or contract that provides for payments for

covered benefits that exceed the higher deductible;

7. "Qualified medical expense" means an expense paid by the

taxpayer for medical care described in paragraph d of Section 213 of

the Internal Revenue Code, but only to the extent such amounts are

not compensated for by insurance or otherwise; and

8. "High deductible" means:

a. in the case of self-only coverage, an annual

deductible which is not less than One Thousand Dollars

($1,000.00) and the sum of the annual deductible and

other annual out-of-pocket expenses required to be

paid under the plan for covered benefits does not

exceed Five Thousand Dollars ($5,000.00), or

b. in the case of family coverage, an annual deductible

of not less than Two Thousand Dollars ($2,000.00) and

the sum of the annual deductible and other annual out-

of-pocket expenses required to be paid under the plan

for covered benefits does not exceed Ten Thousand

Dollars ($10,000.00).

A plan shall not fail to be treated as a high deductible plan by

reason of failing to have a deductible for preventive care or, in

the case of network plans, for having out-of-pocket expenses which

exceed these limits on an annual deductible for services provided

outside the network.
Okla. Stat. tit. 36, § 36-3632 — OK Code / Title 36 / Section 36-3632
Exemption of proceeds, group life
Status: in_force

A. A policy of group life insurance or the proceeds thereof

payable to the individual insured or to the beneficiary thereunder,

shall not be liable, either before or after payment, to be applied

by any legal or equitable process to pay any liability of any person

having a right under the policy. The proceeds thereof, when not

made payable to a named beneficiary or to a third person pursuant to

a facility-of-payment clause, shall not constitute a part of the

estate of the individual insured for the payment of his debts.

B. This section shall not apply to group life insurance issued

pursuant to Article 41 (Group life insurance and group annuity

contracts) to a creditor covering his debtors, to the extent that

such proceeds are applied to payment of the obligation for the

purpose of which the insurance was so issued.
Okla. Stat. tit. 36, § 36-2928 — OK Code / Title 36 / Section 36-2928
Subscriber's share in assets
Status: in_force

Upon the liquidation of a domestic reciprocal insurer, its

assets remaining after discharge of its indebtedness and policy

obligations, the return of any contributions of the attorney or

other persons to its surplus made as provided in Section 2917 of

this article, and the return of any unused premium, savings, or

credits then standing on subscribers' accounts, shall be distributed

to its subscribers who were such within the twelve (12) months prior

to the last termination of its certificate of authority, according

to such reasonable formula as the Insurance Commissioner may

approve.
Okla. Stat. tit. 36, § 36-4528 — OK Code / Title 36 / Section 36-4528
Areas served – Services and plans permitted to be offered
Status: in_force

by single administrative organization – Rating characteristics.

A. Nothing in this act shall be construed as preventing one or

more Health Insurance Purchasing Groups (HIPG) from serving

different areas, whether or not contiguous, by providing for some or

all of the following through a single administrative organization or

otherwise:

Oklahoma Statutes - Title 36. Insurance Page 1000

1. Coordinating the offering of the same or similar health

benefits coverage in different areas served by the different HIPG;

or

2. Providing for crediting of deductibles and other cost-

sharing for individuals who are provided a health benefits plan

through the HIPG or affiliated HIPG after:

a. a change of eligible employers through which the

coverage is provided, or

b. a change in place of employment to an area not served

by the previous HIPG.

B. No HIPG health carrier shall be required to offer HIPG

health benefits plans, or health benefits plans not subject to

state-mandated health benefits, to non-HIPG organizations,

associations, or employer groups, including but not limited to the

small employer health insurance group marketplace in this state.

C. Nothing in this act shall be construed as precluding a HIPG

from providing for adjustments in amounts distributed among the HIPG

health carriers offering a health benefits plan through the HIPG,

based on factors such as the relative health care risk of members

enrolled under the coverage offered by the different issuers.

D. Nothing in this act shall be construed as precluding a HIPG

from establishing minimum participation and contribution rules for

eligible employers that apply to become purchasers in the HIPG, so

long as the rules are applied uniformly for all HIPG health

carriers.

E. The HIPG may determine what rating characteristics it will

allow in the health benefit plan including, but not limited to, age,

sex, industry, geography, or health.

F. If health is used as a rating characteristic, then the rates

for the groups having two through fifty members will be subject to

the small employer group rating law as required in the Small

Employer Health Insurance Reform Act but may be considered separate

from any small groups sold outside the HIPG.
Okla. Stat. tit. 36, § 36-6223 — OK Code / Title 36 / Section 36-6223
Public adjuster responsibilities
Status: in_force

A. A public adjuster shall not misrepresent to a claimant that

the public adjuster is an adjuster representing an insurer in any

capacity, including acting as an employee of the insurer or acting

as an independent adjuster.

B. No public adjuster shall split any commission, service fee

or other valuable consideration for performing adjusting services

with any person or entity unless that person or entity is required

to be licensed as a public adjuster under this title and is so

licensed.

C. Prior to the signing of the contract the public adjuster

shall provide the insured with a separate disclosure document

regarding the claim process that states:

1. Property insurance policies obligate the insured to present

a claim to his or her insurance company for consideration. There

are three types of adjusters that could be involved in that process.

The definitions of the three types are as follows:

a. "company adjuster" means the insurance adjusters who

are employees of an insurance company. They represent

the interest of the insurance company and are paid by

the insurance company. They will not charge you a

fee,

b. "independent adjuster" means the insurance adjusters

who are hired on a contract basis by an insurance

company to represent the insurance company's interest

in the settlement of the claim. They are paid by your

insurance company. They will not charge you a fee,

and

c. "public adjuster" means the insurance adjusters who do

not work for any insurance company. They work for the

insured to assist in the preparation, presentation and

settlement of the claim. The insured hires them by

signing a contract agreeing to pay them a fee or

commission based on a percentage of the settlement, or

other method of compensation;

Oklahoma Statutes - Title 36. Insurance Page 1181

2. The insured is not required to hire a public adjuster to

help the insured meet his or her obligations under the policy, but

has the right to do so;

3. The public adjuster is not a representative or employee of

the insurer; and

4. The salary, fee, commission or other consideration is the

obligation of the insured, not the insurer.

D. The public adjuster shall provide the insurer a notification

letter which has been signed by the insured authorizing the public

adjuster to represent the insured's interest.

E. A public adjuster who receives, accepts or holds any funds

on behalf of an insured towards the settlement of a claim for loss

or damage shall deposit the funds in a non-interest-bearing escrow

or trust account in a financial institution that is insured by an

agency of the federal government in the public adjuster's home state

or where the loss occurred.

F. A public adjuster shall maintain a complete record of each

transaction as a public adjuster for at least five (5) years after

the termination of the transaction and the record shall be open to

examination by the Department at all times. The records required by

this subsection shall include the following:

1. Name of the insured;

2. Date, location and amount of the loss;

3. Copy of the signed contract between the public adjuster and

insured;

4. Name of the insurer, amount, expiration date and number of

each policy carried with respect to the loss;

5. Itemized statement of the insured's recoveries;

6. Itemized statement of all compensation received by the

public adjuster, from any source whatsoever, in connection with the

loss;

7. A register of all monies received, deposited, disbursed or

withdrawn in connection with a transaction with an insured,

including fees, transfers and disbursements from a trust account,

and all transactions concerning all interest-bearing accounts;

8. Name of the public adjuster who executed the contract; and

9. Name of the attorney representing the insured, if

applicable, and the name of the claims representatives of the

insurance company.

G. A public adjuster is obligated under his or her license to

serve with objectivity and complete loyalty to the interest of his

or her client alone; and to render to the insured such information,

counsel and service as within the knowledge, understanding and

opinion in good faith of the licensee will best serve the insured's

insurance claim needs and interest.

H. A public adjuster shall not solicit or attempt to solicit an

insured during the progress of a loss-producing occurrence.

Oklahoma Statutes - Title 36. Insurance Page 1182

I. A public adjuster shall not permit an unlicensed employee or

representative of the public adjuster to conduct business for which

a license is required.

J. A public adjuster shall not acquire any interest in salvage

of property subject to the contract with the insured unless the

public adjuster obtains written permission from the insured after

settlement of the claim with the insurer.

K. The public adjuster shall not refer or direct the insured to

obtain needed repairs or services in connection with a loss from any

person or entity with whom the public adjuster has a financial

interest or from whom the public adjuster may receive direct or

indirect compensation for the referral.

L. Any compensation or anything of value in connection with an

insured's specific loss that will be received by a public adjuster

from any third party shall be disclosed by the public adjuster to

the insured in writing including the source and amount of any such

compensation.

M. A public adjuster shall not enter into a contract or accept

a power of attorney that vests in the public adjuster the effective

authority to choose the persons who shall perform repair work.

N. A public adjuster may not agree to any loss settlement

without the insured's knowledge and consent.

O. On a percentage fee contract, a public adjuster may not

require, demand or accept any fee, retainer, compensation, deposit

or other thing of value prior to payment of any claim proceeds,

whether such payment is partial in nature or payment in full.
Okla. Stat. tit. 36, § 36-3624.1 — OK Code / Title 36 / Section 36-3624.1
Group life insurance policies - Right to assign
Status: in_force

incidents of ownership.

A person whose life is insured under a group insurance policy

may, subject and pursuant to the terms of the policy, or pursuant to

an arrangement between the insured, the group policyholder and the

insurer, assign all or any part of his incidents of ownership,

rights, title and interests, both present and future, under such

policy including specifically, but not by way of limitation, the

right to designate a beneficiary or beneficiaries thereunder and the

right to have an individual policy issued to him in case of

termination of employment or of said group insurance policy. Such

an assignment by the insured, made either before or after the

effective date of this section, is valid for the purpose of vesting

in the assignee, in accordance with any provisions included therein

as to the time at which it is to be effective, all of such incidents

of ownership, rights, title and interests so assigned, but without

prejudice to the insurer on account of any payment it may make or

Oklahoma Statutes - Title 36. Insurance Page 795

individual policy it may issue prior to receipt of notice of the

assignment. This section acknowledges, declares and codifies the

existing right of assignment of interests under group insurance

policies.
Okla. Stat. tit. 36, § 36-1920 — OK Code / Title 36 / Section 36-1920
Attachment and garnishment of assets
Status: in_force

During the pendency of delinquency proceedings in this or any

reciprocal state, no action or proceedings in the nature of an

attachment, garnishment or execution shall be commenced or

maintained in the courts of this state against the delinquent

insurer or its assets. Any lien obtained by any such action or

proceeding within four (4) months prior to the commencement of any

such delinquency proceeding or at any time thereafter shall be void

as against any rights arising in such delinquency proceeding.
Okla. Stat. tit. 36, § 36-6517 — OK Code / Title 36 / Section 36-6517
Disclosures required of small employer carriers
Status: in_force

In connection with the offering for sale of any health benefit

plan to a small employer, a small employer carrier shall make a

reasonable disclosure, as part of its solicitation and sales

materials, of all of the following:

1. The extent to which premium rates for a specified small

employer are established or adjusted based upon the actual or

expected variation in claims costs or actual or expected variation

in health status of the employees of the small employer and their

dependents;

Oklahoma Statutes - Title 36. Insurance Page 1283

2. The provisions of the health benefit plan concerning the

small employer carrier's right to change premium rates and factors,

other than claim experience, that affect changes in premium rates;

3. The provisions relating to renewability of policies and

contracts; and

4. The provisions relating to any preexisting condition

provision.
Okla. Stat. tit. 36, § 36-6475.5 — OK Code / Title 36 / Section 36-6475.5
External review
Status: in_force

A. 1. A health carrier shall notify the covered person in

writing of the covered person's right to request an external review

to be conducted pursuant to Section 6475.8, 6475.9, or 6475.10 of

this title and include the appropriate statements and information

set forth in subsection B of this section at the same time the

health carrier sends written notice of:

a. an adverse determination upon completion of the health

carrier's utilization review process set forth in

Sections 6551 through 6565 of this title, and

b. a final adverse determination.

2. As part of the written notice required under paragraph 1 of

this subsection, a health carrier shall include the following, or

substantially equivalent, language: "We have denied your request

for the provision of or payment for a health care service or course

of treatment. You may have the right to have our decision reviewed

Oklahoma Statutes - Title 36. Insurance Page 1241

by health care professionals who have no association with us if our

decision involved making a judgment as to the medical necessity,

appropriateness, health care setting, level of care or effectiveness

of the health care service or treatment you requested by submitting

a request for external review to the Oklahoma Insurance Department."

3. The Insurance Commissioner may promulgate any necessary rule

providing for the form and content of the notice required under this

section.

B. 1. The health carrier shall include in the notice required

under subsection A of this section:

a. for a notice related to an adverse determination, a

statement informing the covered person that:

(1) if the covered person has a medical condition

where the time frame for completion of an

expedited review of a grievance involving an

adverse determination would seriously jeopardize

the life or health of the covered person or would

jeopardize the covered person's ability to regain

maximum function, the covered person or the

covered person's authorized representative may

file a request for an expedited external review

to be conducted pursuant to Section 6475.10 of

this title, or Section 6475.11 of this title if

the adverse determination involves a denial of

coverage based on a determination that the

recommended or requested health care service or

treatment is experimental or investigational and

the covered person's treating physician certifies

in writing that the recommended or requested

health care service or treatment that is the

subject of the adverse determination would be

significantly less effective if not promptly

initiated, at the same time the covered person or

the covered person's authorized representative

files a request for an expedited review of a

grievance involving an adverse determination, but

that the independent review organization assigned

to conduct the expedited external review will

determine whether the covered person shall be

required to complete the expedited review of the

grievance prior to conducting the expedited

external review, and

(2) the covered person or the covered person's

authorized representative may file a grievance

under the health carrier's internal grievance

process, but if the health carrier has not issued

a written decision to the covered person or the

Oklahoma Statutes - Title 36. Insurance Page 1242

covered person's authorized representative within

thirty (30) days following the date the covered

person or the covered person's authorized

representative files the grievance with the

health carrier and the covered person or the

covered person's authorized representative has

not requested or agreed to a delay, the covered

person or the covered person's authorized

representative may file a request for external

review pursuant to Section 6475.6 of this title

and shall be considered to have exhausted the

health carrier's internal grievance process for

purposes of Section 6475.7 of this title, and

b. for a notice related to a final adverse determination,

a statement informing the covered person that:

(1) if the covered person has a medical condition

where the time frame for completion of a standard

external review pursuant to Section 6475.8 of

this title would seriously jeopardize the life or

health of the covered person or would jeopardize

the covered person's ability to regain maximum

function, the covered person or the covered

person's authorized representative may file a

request for an expedited external review pursuant

to Section 6475.9 of this title, or

(2) if the final adverse determination concerns:

(a) an admission, availability of care,

continued stay or health care service for

which the covered person received emergency

services, but has not been discharged from a

facility, the covered person or the covered

person's authorized representative may

request an expedited external review

pursuant to Section 6475.9 of this title, or

(b) a denial of coverage based on a

determination that the recommended or

requested health care service or treatment

is experimental or investigational, the

covered person or the covered person's

authorized representative may file a request

for a standard external review to be

conducted pursuant to Section 6475.10 of

this title or if the covered person's

treating physician certifies in writing that

the recommended or requested health care

service or treatment that is the subject of

the request would be significantly less

Oklahoma Statutes - Title 36. Insurance Page 1243

effective if not promptly initiated, the

covered person or the covered person's

authorized representative may request an

expedited external review to be conducted

under Section 6475.10 of this title.

2. In addition to the information to be provided pursuant to

paragraph 1 of this subsection, the health carrier shall include a

copy of the description of both the standard and expedited external

review procedures the health carrier is required to provide pursuant

to Section 6475.17 of this title, highlighting the provisions in the

external review procedures that give the covered person or the

covered person's authorized representative the opportunity to submit

additional information and including any forms used to process an

external review.

3. As part of any forms provided under paragraph 2 of this

subsection, the health carrier shall include an authorization form,

or other document approved by the Commissioner that complies with

the requirements of 45 CFR, Section 164.508, by which the covered

person, for purposes of conducting an external review under this

act, authorizes the health carrier and the covered person's treating

health care provider to disclose protected health information

including medical records, concerning the covered person that are

pertinent to the external review.
Okla. Stat. tit. 36, § 36-4407 — OK Code / Title 36 / Section 36-4407
Application
Status: in_force

A. The insured shall not be bound by any statement made in an

application for a policy unless a copy of such application is

attached to or endorsed on the policy when issued as a part thereof.

If any such policy delivered or issued for delivery to any person in

this state shall be reinstated or renewed, and the insured or the

beneficiary or assignee of such policy shall make written request to

the insurer for a copy of the application, if any, for such

reinstatement or renewal, the insurer shall, within fifteen (15)

days after the receipt of such request at its home office or any

branch office of the insurer, deliver or mail to the person making

such request a copy of such application. If such copy shall not be

so delivered or mailed, the insurer shall be precluded from

introducing such application as evidence in any action or proceeding

based upon or involving such policy or its reinstatement or renewal.

B. No alteration of any written application for any such policy

shall be made by any person other than the applicant without his

written consent, except that insertions may be made by the insurer,

for administrative purposes only, in such manner as to indicate

clearly that such insertions are not to be ascribed to the

applicant.

C. The falsity of any statement in the application for any

policy covered by this article may not bar the right to recovery

thereunder unless such false statement materially affected either

the acceptance of the risk or the hazard assumed by the insurer.
Okla. Stat. tit. 36, § 36-3639 — OK Code / Title 36 / Section 36-3639
Application of cancellation requirements to certain
Status: in_force

policies - Definitions - Notice and reasons for cancellation or

nonrenewal - Notice of premium increases.

A. The provisions of this section apply to commercial marine

policies, commercial automobile policies, commercial property

insurance policies, commercial casualty insurance policies, and

commercial fire insurance policies.

B. As used in this section:

1. “Renewal” or “to renew” means the issuance or offer of

issuance by an insurer of a policy succeeding a policy previously

issued and delivered by the same insurer or an insurer within the

same group of insurers, or the issuance of a certificate or notice

extending the term of an existing policy for a specified period

beyond its expiration date;

2. “Nonpayment of premium” means the failure or inability of

the named insured to discharge any obligation in connection with the

payment of premiums on a policy of insurance subject to this

section, whether such payments are payable directly to the insurer

or its agent or indirectly payable under a premium finance plan or

extension of credit;

3. “Cancellation” means termination of a policy at a date other

than its expiration date;

4. “Expiration date” means the date upon which coverage under a

policy ends. It also means, for a policy written for a term longer

Oklahoma Statutes - Title 36. Insurance Page 812

than one (1) year or with no fixed expiration date, each annual

anniversary date of such policy; and

5. “Nonrenewal” or “refusal to renew” means termination of a

policy at its expiration date.

C. After coverage has been in effect for more than forty-five

(45) business days or after the effective date of the renewal of a

commercial marine, commercial automobile, commercial property,

commercial casualty or commercial fire insurance policy, a notice of

cancellation shall not be issued by any licensed insurer or surplus

or excess lines insurer unless it is based on at least one of the

following reasons with at least ten (10) days’ notice to the

insured:

1. Nonpayment of premium;

2. Discovery of fraud or material misrepresentation in the

procurement of the insurance or with respect to any claims submitted

thereunder;

3. Discovery of willful or reckless acts or omissions on the

part of the named insured which increase any hazard insured against;

4. The occurrence of a change in the risk which substantially

increases any hazard insured against after insurance coverage has

been issued or renewed;

5. A violation of any local fire, health, safety, building, or

construction regulation or ordinance with respect to any insured

property or the occupancy thereof which substantially increases any

hazard insured against;

6. A determination by the Commissioner that the continuation of

the policy would place the insurer in violation of the insurance

laws of this state;

7. Conviction of the named insured of a crime having as one of

its necessary elements an act increasing any hazard insured against;

or

8. Loss of or substantial changes in applicable reinsurance.

D. An insurer may refuse to renew a policy if the insurer gives

to the first-named insured at the address shown on the policy

written notice that the insurer will not renew the policy. Such

notice shall be given at least forty-five (45) days before the

expiration date. Notice may be sent by electronic means if the

recipient consents to such method of delivery and the insurer is in

compliance with the provisions of the Uniform Electronic

Transactions Act. Electronic delivery is considered to be

equivalent to any delivery method required by law, including first-

class mail, postage prepaid, certified mail, certificate of mail, or

certificate of mailing. If notice is given by mail or sent by

electronic means, such notice shall be deemed to have been given on

the day the notice is mailed or sent electronically. If the notice

is mailed or sent electronically less than forty-five (45) days

before expiration, coverage shall remain in effect until forty-five

Oklahoma Statutes - Title 36. Insurance Page 813

(45) days after notice is mailed or sent electronically. Earned

premium for any period of coverage that extends beyond the

expiration date shall be considered pro rata based upon the previous

year’s rate. For purposes of this section, the transfer of a

policyholder between companies within the same insurance group is

not a refusal to renew. In addition, changing deductibles, changes

in premium, changes in the amount of insurance, or reductions in

policy limits or coverage are not refusals to renew.

Notice of nonrenewal shall not be required if the insurer or a

company within the same insurance group has offered to issue a

renewal policy, or if the named insured has obtained replacement

coverage or has agreed in writing to obtain replacement coverage.

If an insurer provides the notice required by this subsection

and thereafter the insurer extends the policy for ninety (90) days

or less, an additional notice of nonrenewal is not required with

respect to the extension.

E. An insurer shall give to the named insured at the mailing

address shown on the policy, written notice of premium increase,

change in deductible, reduction in limits or coverage at least

forty-five (45) days prior to the expiration date of the policy. If

the insurer fails to provide such notice, the premium, deductible,

limits and coverage provided to the named insured prior to the

change shall remain in effect until notice is given or until the

effective date of replacement coverage obtained by the named

insured, whichever first occurs. If notice is given by mail, such

notice shall be deemed to have been given on the day the notice is

mailed. If the insured elects not to renew, any earned premium for

the period of extension of the terminated policy shall be calculated

pro rata at the lower of the current or previous year’s rate. If

the insured accepts the renewal, the premium increase, if any, and

other changes shall be effective the day following the prior

policy’s expiration or anniversary date.

This subsection shall not apply to:

1. Changes in a rate or plan filed with or approved by the

Insurance Commissioner or filed pursuant to the Property and

Casualty Competitive Loss Cost Rating Act and applicable to an

entire class of business;

2. Changes based upon the altered nature of extent of the risk

insured; or

3. Changes in policy forms filed with or approved by the

Insurance Commissioner and applicable to an entire class of

business.

F. Proof of mailing of notice of cancellation, or of nonrenewal

or of premium or coverage changes, to the named insured at the

address shown in the policy, shall be sufficient proof of notice.
Okla. Stat. tit. 36, § 36-3609 — OK Code / Title 36 / Section 36-3609
Representations in applications - Recovery under policy -
Status: in_force

Mortgage guaranty policies.

A. All statements and descriptions in any application for an

insurance policy or in negotiations therefor, by or in behalf of the

insured, shall be deemed to be representations and not warranties.

Misrepresentations, omissions, concealment of facts, and incorrect

statements shall not prevent a recovery under the policy unless:

1. Fraudulent; or

2. Material either to the acceptance of the risk, or to the

hazard assumed by the insurer; or

3. The insurer in good faith would either not have issued the

policy, or would not have issued a policy in as large an amount, or

would not have provided coverage with respect to the hazard

resulting in the loss, if the true facts had been made known to the

insurer as required either by the application for the policy or

otherwise.

B. Subsection A of this section shall not be applicable to

mortgage guaranty insurance, as hereinafter defined.

Misrepresentations, omissions, concealment of facts and incorrect

statements shall not prevent a recovery under a policy of mortgage

guaranty insurance unless material and fraudulent. As used herein,

the term "mortgage guaranty insurance" means a form of casualty or

surety insurance insuring lenders against financial loss by reason

of nonpayment of principal, interest and other sums agreed to be

paid under the terms of any note, bond or other evidence of

indebtedness secured by a mortgage, deed of trust or other

instrument constituting a lien or charge on real estate which

contains a residential building or a building designed to be

occupied for industrial or commercial purposes.
Okla. Stat. tit. 36, § 36-3624.4 — OK Code / Title 36 / Section 36-3624.4
Notice to insurer of assistance received - Violations
Status: in_force

A. Any person who has an application pending or who has

received medical assistance from the Department of Human Services

and files a claim with any insurer for benefits shall at that time

advise the insurer of the receipt of or pending application for

medical assistance from the Department of Human Services in

connection with the same medical expenses. It shall be the duty of

the Department of Human Services to notify the applicant for medical

assistance of the requirements of this section.

B. Any person who fails to comply with the provisions of

subsection A of this section shall be guilty of a misdemeanor.
Okla. Stat. tit. 36, § 36-2608.3 — OK Code / Title 36 / Section 36-2608.3
Indemnification and advancement of expenses of certain
Status: in_force

persons.

A. A corporation organized pursuant to the provisions of

Article 26 of the Insurance Code shall have power to indemnify any

person who was or is a party or is threatened to be made a party to

any threatened, pending or completed action, suit or proceeding,

whether civil, criminal, administrative or investigative, other than

Oklahoma Statutes - Title 36. Insurance Page 687

an action by or in the right of the corporation, by reason of the

fact that he is or was a director, officer, employee or agent of the

corporation, or is or was serving at the request of the corporation

as a director, officer, employee or agent of another corporation,

partnership, joint venture, trust or other enterprise, against

expenses, including attorneys' fees, judgments, fines, and amounts

paid in settlement actually and reasonably incurred by him in

connection with such action, suit or proceeding if he acted in good

faith and in a manner he reasonably believed to be in or not opposed

to the best interests of the corporation, and, with respect to any

criminal action or proceeding, had no reasonable cause to believe

his conduct was unlawful. The termination of any action, suit or

proceeding by judgment, order, settlement, conviction, or upon a

plea of nolo contendere or its equivalent, shall not, of itself,

create a presumption that the person did not act in good faith and

in a manner which he reasonably believed to be in or not opposed to

the best interests of the corporation, and, with respect to any

criminal action or proceeding, had reasonable cause to believe that

his conduct was unlawful.

B. A corporation organized pursuant to the provisions of

Article 26 of the Insurance Code shall have the power to indemnify

any person who was or is a party or is threatened to be made a party

to any threatened, pending or completed action or suit by or in the

right of the corporation to procure a judgment in its favor by

reason of the fact that he is or was a director, officer, employee

or agent of the corporation, or is or was serving at the request of

the corporation as a director, officer, employee or agent of another

corporation, partnership, joint venture, trust or other enterprise

against expenses, including attorneys' fees, actually and reasonably

incurred by him in connection with the defense or settlement of such

action or suit if he acted in good faith and in a manner he

reasonably believed to be in or not opposed to the best interests of

the corporation and except that no indemnification shall be made in

respect of any claim, issue or matter as to which such person shall

have been adjudged to be liable to the corporation unless and only

to the extent that the court in which such action or suit was

brought shall determine upon application that, despite the

adjudication of liability but in view of all the circumstances of

the case, such person is fairly and reasonably entitled to indemnity

for such expenses which the court shall deem proper.

C. To the extent that a director, officer, employee or agent of

a corporation has been successful on the merits or otherwise in

defense of any action, suit or proceeding referred to in subsection

A or B of this section, or in defense of any claim, issue or matter

therein, he shall be indemnified against expenses, including

attorneys' fees, actually and reasonably incurred by him in

connection therewith.

Oklahoma Statutes - Title 36. Insurance Page 688

D. Any indemnification under the provisions of subsection A or

B of this section, unless ordered by a court, shall be made by the

corporation only as authorized in the specific case upon a

determination that indemnification of the director, officer,

employee or agent is proper in the circumstances because he has met

the applicable standard of conduct set forth in subsection A or B of

this section. Such determination shall be made:

1. By the board of directors by a majority vote of a quorum

consisting of directors who were not parties to such action, suit or

proceeding; or

2. If such a quorum is not obtainable, or, even if obtainable a

quorum of disinterested directors so directs, by independent legal

counsel in a written opinion; or

3. By the members.

E. Expenses incurred by an officer or director in defending a

civil or criminal action, suit or proceeding may be paid by the

corporation in advance of the final disposition of such action, suit

or proceeding upon receipt of an undertaking by or on behalf of such

director or officer to repay such amount if it shall ultimately be

determined that he is not entitled to be indemnified by the

corporation as authorized by the provisions of this section. Such

expenses incurred by other employees and agents may be so paid upon

such terms and conditions, if any, as the board of directors deems

appropriate.

F. The indemnification and advancement of expenses provided by

or granted pursuant to the other subsections of this section shall

not be deemed exclusive of any other rights to which those seeking

indemnification or advancement of expenses may be entitled under any

bylaw, agreement, vote of shareholders or disinterested directors or

otherwise, both as to action in his official capacity and as to

action in another capacity while holding such office.

G. A corporation shall have power to purchase and maintain

insurance on behalf of any person who is or was a director, officer,

employee or agent of the corporation, or is or was serving at the

request of the corporation as a director, officer, employee or agent

of another corporation, partnership, joint venture, trust or other

enterprise against any liability asserted against him and incurred

by him in any such capacity, or arising out of his status as such,

whether or not the corporation would have the power to indemnify him

against such liability under the provisions of this section.

H. For purposes of this section, references to "the

corporation" shall include, in addition to the resulting

corporation, any constituent corporation, including any constituent

of a constituent, absorbed in a consolidation or merger which, if

its separate existence had continued, would have had power and

authority to indemnify its directors, officers, and employees or

agents, so that any person who is or was a director, officer,

Oklahoma Statutes - Title 36. Insurance Page 689

employee or agent of such constituent corporation, or is or was

serving at the request of such constituent corporation as a

director, officer, employee or agent of another corporation,

partnership, joint venture, trust or other enterprise, shall stand

in the same position under the provisions of this section with

respect to the resulting or surviving corporation as he would have

with respect to such constituent corporation if its separate

existence had continued.

I. For purposes of this section, references to "other

enterprises" shall include employee benefit plans; references to

"fines" shall include any excise taxes assessed on a person with

respect to an employee benefit plan, and references to "serving at

the request of the corporation" shall include any service as a

director, officer, employee or agent of the corporation which

imposes duties on, or involves services, by such director, officer,

employee, or agent with respect to an employee benefit plan, its

participants, or beneficiaries; and a person who acted in good faith

and in a manner he reasonably believed to be in the interest of the

participants and beneficiaries of an employee benefit plan shall be

deemed to have acted in a manner "not opposed to the best interests

of the corporation" as referred to in this section.

J. The indemnification and advancement of expenses provided by

or granted pursuant to this section, unless otherwise provided when

authorized or ratified, shall continue as to a person who has ceased

to be a director, officer, employee or agent and shall inure to the

benefit of the heirs, executors and administrators of such a person.
Okla. Stat. tit. 36, § 36-6673 — OK Code / Title 36 / Section 36-6673
Sale of portable electronics insurance - Licensure
Status: in_force

exemptions.

A. The employees and authorized representatives of vendors may

sell or offer portable electronics insurance to customers and shall

not be subject to licensure as an insurance producer pursuant to

Section 2 of this act if:

1. The vendor obtains a limited lines license to authorize its

employees or authorized representatives to sell or offer portable

electronics insurance pursuant to Section 2 of this act;

2. The insurer issuing the portable electronics insurance

either directly supervises or appoints a supervising entity to

supervise the administration of the program including development of

a training program for employees and authorized representatives of

the vendors. The training required by this paragraph shall comply

with the following:

a. the training shall be delivered to employees and

authorized representatives of a vendor who is directly

engaged in the activity of selling or offering

portable electronics insurance,

b. the training may be provided in electronic form. If

conducted in an electronic form, the supervising

entity shall implement a supplemental education

program regarding portable electronics insurance that

is conducted and overseen by licensed employees of the

supervising entity, and

c. each employee and authorized representative shall

receive basic instruction about the portable

electronics insurance offered to customers and the

disclosures required pursuant to Section 3 of this

act.

No employee or authorized representative of a vendor of portable

electronics shall advertise, represent or otherwise hold himself or

herself out as a non limited lines licensed insurance producer.

B. The charges for portable electronics insurance coverage may

be billed and collected by the vendor of portable electronics. Any

charge to the enrolled customer for coverage that is not included in

the cost associated with the purchase or lease of portable

electronics or related services shall be separately itemized on the

enrolled customer’s bill. If the coverage is included with the

purchase or lease of portable electronics or related services the

vendor shall clearly and conspicuously disclose to the enrolled

Oklahoma Statutes - Title 36. Insurance Page 1341

customer that the coverage is included with the purchase of the

portable electronics or related services. Vendors billing and

collecting these charges shall not be required to maintain the funds

in a segregated account provided that the vendor is authorized by

the insurer to hold the funds in an alternative manner and to remit

the amounts to the supervising entity within sixty (60) days of

receipt. All funds received by a vendor from an enrolled customer

for the sale of portable electronics insurance shall be considered

funds held in trust by the vendor in a fiduciary capacity for the

benefit of the insurer. Vendors may receive compensation for

billing and collection services.
Okla. Stat. tit. 36, § 36-1219.3 — OK Code / Title 36 / Section 36-1219.3
Discounted reimbursement and disclosure of
Status: in_force

reimbursement terms prohibited.

A. An insurer or third-party administrator shall not reimburse

a health care provider on a discounted fee basis for covered

services that are provided to an insured unless:

1. The insurer or third-party administrator has contracted with

either:

a. the health care provider, or

b. a preferred provider organization which has contracted

with the health care provider;

2. The health care provider has agreed to provide health care

services under the terms of the contract; and

3. The insurer or third-party administrator has agreed to

provide coverage for those health care services under an accident

and health insurance policy.

B. A party to a preferred provider contract, including a

contract with a preferred provider organization, may not sell,

lease, or otherwise transfer information regarding the payment or

reimbursement terms of the contract without the express authority

and prior adequate notification of the other contracting parties.
Okla. Stat. tit. 36, § 36-7401 — OK Code / Title 36 / Section 36-7401
Stop-loss coverage – Minimum aggregate retention
Status: in_force

Any stop-loss insurance coverage issued by an insurer authorized

to do business in this state that provides an aggregate retention

benefit shall provide an aggregate retention of no less than one

hundred ten percent (110%) of the expected claims. The Insurance

Commissioner shall develop minimum disclosure standards that can be

incorporated into a form that shall be utilized by insurers issuing

stop-loss insurance coverage to small employers, as defined in

Section 6512 of Title 36 of the Oklahoma Statutes, in Oklahoma. The

minimum disclosure standards and form shall be promulgated by rule

in accordance with the Administrative Procedures Act.
Okla. Stat. tit. 36, § 36-6570.50 — OK Code / Title 36 / Section 36-6570.50
Definitions
Status: in_force

As used in this act:

1. "Adverse determination" means a determination by a health

carrier, pharmacy benefits manager (PBM), or its designee

utilization review entity that a prescription drug that is a covered

benefit has been reviewed and, based upon the information provided,

does not meet the health plan's or PBM's requirements for medical

necessity, appropriateness, health care setting, level of care, or

effectiveness, and the requested prescription drug or payment for

the prescription drug is therefore denied, reduced, or terminated as

defined by Section 6475.3 of Title 36 of the Oklahoma Statutes;

2. "Chronic condition" means a condition that lasts one (1)

year or more and requires ongoing medical attention or limits

activities of daily living or both;

3. "Clinical criteria" means the written policies, written

screening procedures, determination rules, determination abstracts,

clinical protocols, practice guidelines, medical protocols, and any

other criteria or rationale used by the utilization review entity to

determine the necessity and appropriateness of prescription drugs;

4. "Emergency health care services", with respect to an

emergency medical condition as defined in 42 U.S.C.A., Section

300gg-111, means:

a. a medical screening examination, as required under

Section 1867 of the Social Security Act, 42 U.S.C.,

Section 1395dd, or as would be required under such

section if such section applied to an independent,

freestanding emergency department, that is within the

capability of the emergency department of a hospital

or of an independent, freestanding emergency

department, as applicable, including ancillary

services routinely available to the emergency

department to evaluate such emergency medical

condition, and

b. within the capabilities of the staff and facilities

available at the hospital or the independent,

Oklahoma Statutes - Title 36. Insurance Page 1316

freestanding emergency department, as applicable, such

further medical examination and treatment as are

required under Section 1395dd of the Social Security

Act, or as would be required under such section if

such section applied to an independent, freestanding

emergency department, to stabilize the patient,

regardless of the department of the hospital in which

such further examination or treatment is furnished, as

defined by 42 U.S.C.A., Section 300gg-111;

5. "Emergency Medical Treatment and Active Labor Act" or

"EMTALA" means Section 1867 of the Social Security Act and

associated regulations;

6. "Enrollee" means an individual who is enrolled in a health

care plan, including covered dependents, as defined by Section

6592.1 of Title 36 of the Oklahoma Statutes;

7. "Health care provider" means any person or other entity who

is licensed pursuant to the provisions of Title 59 or Title 63 of

the Oklahoma Statutes, or pursuant to the definition in Section 1-

1708.1C of Title 63 of the Oklahoma Statutes;

8. "Health plan" means a health benefit plan as defined by

Section 6060.4 of Title 36 of the Oklahoma Statutes;

9. "Licensed mental health professional" means:

a. a psychiatrist who is a diplomate of the American

Board of Psychiatry and Neurology,

b. a psychiatrist who is a diplomate of the American

Osteopathic Board of Neurology and Psychiatry, or

c. a physician licensed pursuant to the Oklahoma

Allopathic Medical and Surgical Licensure and

Supervision Act or the Oklahoma Osteopathic Medicine

Act;

10. "Medically necessary" means drugs prescribed by a health

care provider that are:

a. appropriate for the symptoms and diagnosis or

treatment of the enrollee's condition, illness,

disease, or injury,

b. in accordance with standards of good medical practice,

c. not primarily for the convenience of the enrollee or

the enrollee's health care provider, and

d. the most appropriate supply and prescription drug that

can safely be provided to the enrollee as defined by

Section 6592 of Title 36 of the Oklahoma Statutes;

11. "Notice" means communication delivered either

electronically or through the United States Postal Service or common

carrier;

12. "Pharmacist" means a person licensed by the Board of

Pharmacy to engage in the practice of pharmacy;

Oklahoma Statutes - Title 36. Insurance Page 1317

13. "PBM" means a pharmacy benefits manager as defined by

Section 357 of Title 59 of the Oklahoma Statutes;

14. "Physician" means an allopathic or osteopathic physician

licensed by the State of Oklahoma or another state to practice

medicine;

15. "Prior authorization" means the process by which

utilization review entities determine the medical necessity and

medical appropriateness of otherwise covered prescription drug prior

to the dispensing of such prescription drug. The term shall include

"authorization", "pre-certification", and any other term that would

be a reliable determination by a health benefit plan;

16. "Urgent prescription drug" means a prescription drug with

respect to which the application of the time periods for making an

urgent care determination, which, in the opinion of a physician with

knowledge of the enrollee's medical condition:

a. could seriously jeopardize the life or health of the

enrollee or the ability of the enrollee to regain

maximum function, or

b. in the opinion of a physician with knowledge of the

claimant's medical condition, would subject the

enrollee to severe pain that cannot be adequately

managed without the care or treatment that is the

subject of the utilization review; and

17. "Utilization review entity" means an individual or entity

that performs prior authorization for a health benefit plan as

defined by Section 6060.4 of Title 36 of the Oklahoma Statutes.
Okla. Stat. tit. 36, § 36-1905 — OK Code / Title 36 / Section 36-1905
Grounds for rehabilitation of domestic insurers
Status: in_force

The Insurance Commissioner may apply to the court for an order

appointing the Commissioner as receiver of and directing the

Commissioner to rehabilitate a domestic insurer upon one or more of

the following grounds. That the insurer:

1. Is impaired or insolvent.

Oklahoma Statutes - Title 36. Insurance Page 534

2. Is in a condition such that the continued operation would be

hazardous to the policyholders, the creditors of the insurer, or the

general public.

3. Has refused to submit its books, records, accounts or

affairs to reasonable examination by the Insurance Commissioner.

4. Has failed to comply with an order of the Insurance

Commissioner to make good an impairment of capital or surplus or

both.

5. Has transferred or attempted to transfer substantially its

entire property or business, or has entered into any transaction the

effect of which is to merge substantially its entire property or

business in that of any other insurer without having first obtained

the written approval of the Insurance Commissioner.

6. Has willfully violated its charter or any law of this state.

7. Has an officer, director, or manager who has refused to be

examined under oath concerning its affairs, for which purpose the

Insurance Commissioner is hereby authorized to conduct and to

enforce by all appropriate and available means any such examination

under oath in any other state or territory of the United States, in

which any such officer, director, or manager may then presently be,

to the full extent permitted by the laws of such other state or

territory, this special authorization considered.

8. Has been the subject of an application for the appointment

of a receiver, trustee, custodian, or sequestrator of the insurer or

its property otherwise pursuant to the provisions of this code, but

only if such appointment has been made or is imminent and its effect

is or would be to oust the courts of this state of jurisdiction

hereunder.

9. Has consented to such an order through a majority of its

directors, stockholders, members or subscribers.

10. Has failed to pay a final judgment rendered against it in

this state upon any insurance contract issued or assumed by it,

within thirty (30) days after the judgment became final or within

thirty (30) days after the time for taking an appeal has expired, or

within thirty (30) days after dismissal of an appeal before final

termination, whichever date is the later.
Okla. Stat. tit. 36, § 36-3601 — OK Code / Title 36 / Section 36-3601
Scope of article
Status: in_force

This article shall not apply to:

1. Reinsurance.

2. Policies or contracts not issued for delivery in Oklahoma

nor delivered in Oklahoma, except upon subjects of insurance other

than life and disability insurance located or to be performed in

Oklahoma, and, except as provided in subsection E of Section 3610 of

this article.

3. Ocean marine and foreign trade insurances.

4. Title insurance, except as to Section 3617 of this article.
Okla. Stat. tit. 36, § 36-6051 — OK Code / Title 36 / Section 36-6051
Free choice of practitioner and profession - Equal
Status: in_force

reimbursement.

Notwithstanding any provision of any individual or group policy,

contract, plan or agreement of accident and/or health insurance or

any provisions of a policy, contract, plan or agreement for hospital

Oklahoma Statutes - Title 36. Insurance Page 1067

or medical service or indemnity, whenever such policy, contract,

plan or agreement provides for reimbursement for any visual or

optometric service which is within the lawful scope of practice of a

duly licensed optometrist, the person entitled to benefits, or

person performing services, under such policy, contract, plan or

agreement shall be entitled to reimbursement on an equal basis for

such service, whether the said service is performed by a physician

licensed under 59 O.S.1961, Sections 481 through 518, inclusive, or

by an optometrist licensed under 59 O.S.1961, Sections 581 through

606, inclusive. Optometric services shall include eye and/or visual

examination or a correction of any vision or muscular anomaly and

the supplying of ophthalmic materials, including contact lenses and

subnormal vision aids. Unless such policy, contract, plan or

agreement shall otherwise provide, there shall be no reimbursement

for ophthalmic materials, lenses, contact lenses, spectacles,

eyeglasses, and/or appurtenances thereto.
Okla. Stat. tit. 36, § 36-1148 — OK Code / Title 36 / Section 36-1148
Adherence to loss cost filings - Application to workers'
Status: in_force

compensation insurance.

Applicable to workers’ compensation insurance only, every member

of, or subscriber to, a licensed advisory organization shall adhere

to the loss cost filings made on its behalf by such organization

within ninety (90) days of the effective date of the loss cost

filing.
Okla. Stat. tit. 36, § 36-1904 — OK Code / Title 36 / Section 36-1904
Injunctions
Status: in_force

A. Upon application by the Insurance Commissioner for such an

order to show cause, or at any time thereafter, the court may

without notice issue an injunction restraining the insurer, its

officers, directors, stockholders, members, subscribers, agents and

all other persons for the transaction of its business or the waste

or disposition of its property until the further order of the court.

Notwithstanding the foregoing, or any other provision of this

chapter, no Federal Home Loan Bank shall be stayed, enjoined, or

prohibited from exercising or enforcing any right or cause of action

regarding collateral pledged under any security agreement, or any

pledge, security, collateral or guarantee agreement or any other

similar arrangement or credit enhancement relating to such Federal

Home Loan Bank security agreement.

B. The court may at any time during a proceeding under this

article issue such other injunctions or orders as may be deemed

necessary to prevent interference with the Insurance Commissioner or

the proceedings, or waste of the assets of the insurer, or the

commencement or prosecution of any actions, or the obtaining of

preferences, judgments, attachments or other liens, or the making of

any levy against the insurer or against its assets or any part

thereof.

C. Notwithstanding any other provision of law, no bond shall be

required of the Insurance Commissioner as a prerequisite for the

issuance of any injunction or restraining order pursuant to this

section.

D. Nothing in this section shall deprive a party in interest of

any contractual right to pursue arbitration of any dispute under any

law, and venue shall be as provided in subsection B of Section 1902

of this title.
Okla. Stat. tit. 36, § 36-3631.1 — OK Code / Title 36 / Section 36-3631.1
Certain money and benefits exempt from legal process or
Status: reserved

seizure - Exceptions.

A. All money or benefits of any kind, including policy proceeds

and cash values, to be paid or rendered to the insured or any

beneficiary under any policy of insurance issued by a life, health

or accident insurance company, under any policy issued by a mutual

benefit association, or under any plan or program of annuities and

benefits, shall:

1. Inure exclusively to the benefit of the person for whose use

and benefit the money or benefits are designated in the policy, plan

or program;

2. Be fully exempt from execution, attachment, garnishment or

other process;

3. Be fully exempt from being seized, taken or appropriated or

applied by any legal or equitable process or operation of law to pay

any debt or liability of the insured or of any beneficiary, either

before or after said money or benefits is or are paid or rendered;

and

4. Be fully exempt from all demands in any bankruptcy

proceeding of the insured or beneficiary.

B. The exemptions provided by subsection A of this section

shall apply without regard to whether:

1. The power to change the beneficiary is reserved to the

insured; or

2. The insured or the insured's estate is a contingent

beneficiary.

C. The exemptions provided by subsection A of this section do

not apply to:

1. Premium payments made in fraud of creditors subject to the

applicable statute of limitations for the recovery of the premium

payments;

2. Fines imposed for violation of state or federal statutes; or

3. A debt of the insured or beneficiary secured by a pledge of

the policy or its proceeds.

Oklahoma Statutes - Title 36. Insurance Page 800

D. This section shall not prevent the proper assignment of any

money or benefits to be paid or rendered under an insurance policy,

or any rights under the policy, by the insured or owner in

accordance with the terms of the policy. A policy shall also be

deemed to be payable to a person other than the insured if and to

the extent that a facility-of-payment clause or similar clause in

the policy permits the insurer to discharge its obligation after the

death of the individual insured by paying the death benefits to a

person as permitted by such clause.

E. Wherever any policy of insurance or plan or program of

annuities and benefits mentioned in subsection A of this section

shall contain a provision against assignment or commutation by any

beneficiary thereunder of the money or benefits to be paid or

rendered thereunder, or any rights therein, any assignment or

commutation or any attempted assignment or commutation by such

beneficiary of such money or benefits or rights in violation of such

provision shall be wholly void.

F. This section shall apply to money or benefits to be paid or

rendered to an insured or a beneficiary under any policy, plan or

program provided for in subsection A of this section without regard

to whether the policy was issued or the plan or program was

established before, on, or after September 1, 1992.
Okla. Stat. tit. 36, § 36-1641 — OK Code / Title 36 / Section 36-1641
Authority to issue rules, regulations, and orders
Status: in_force

Oklahoma Statutes - Title 36. Insurance Page 488

The Commissioner may issue such rules, regulations and orders as

shall be necessary to carry out the provisions of Section 1631 et

seq. of this title.
Okla. Stat. tit. 36, § 36-1691 — OK Code / Title 36 / Section 36-1691
Short title - Protected Cell Companies Act
Status: in_force

This act shall be known and may be cited as the "Protected Cell

Companies Act".
Okla. Stat. tit. 36, § 36-1425 — OK Code / Title 36 / Section 36-1425
Renumbered as § 1435.23 of this title by Laws 2001, c
Status: in_force

156, § 35, eff. Nov. 1, 2001.
Okla. Stat. tit. 36, § 36-3618 — OK Code / Title 36 / Section 36-3618
Execution of policies
Status: in_force

A. Every insurance policy shall be executed in the name of and

on behalf of the insurer by its officer, attorney-in-fact, employee,

or representative duly authorized by the insurer.

B. A facsimile signature of any such executing individual may

be used in lieu of an original signature.

C. No insurance contract heretofore or hereafter issued and

which is otherwise valid shall be rendered invalid by reason of the

apparent execution thereof on behalf of the insurer by the imprinted

facsimile signature of an individual not authorized so to execute as

of the date of the policy, if the policy is countersigned with the

original signature or initial of an individual then so authorized.
Okla. Stat. tit. 36, § 36-3308 — OK Code / Title 36 / Section 36-3308
Confidentiality and privilege of information--Sharing and receiving information with and
Status: in_force

Oklahoma Statutes - Title 36. Insurance Page 22receiving information with and from other regulatory agencies.

A. Documents, materials or other information, including the

ORSA Summary Report, in the possession of or control of the

Department of Insurance that are obtained by, created by or

disclosed to the Insurance Commissioner or any other person under

this act are recognized by this state as being proprietary and to

contain trade secrets. All such documents, materials or other

information 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 Insurance

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 Insurance Commissioner's official duties.

The Insurance Commissioner shall not otherwise make the documents,

materials or other information public without the prior written

consent of the insurer.

B. Neither the Insurance Commissioner nor any person who

received documents, materials or other ORSA-related information,

through examination or otherwise, while acting under the authority

of the Insurance 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.

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

Commissioner's regulatory duties, the Insurance Commissioner:

1. May, upon request, share documents, materials or other ORSA-

related 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 financial

regulatory agencies, including members of any supervisory college,

with the NAIC and with any third-party consultants designated by the

Insurance Commissioner, provided that the recipient agrees in

writing to maintain the confidentiality and privileged status of the

ORSA-related documents, materials or other information and has

verified in writing the legal authority to maintain confidentiality;

2. May receive documents, materials or other ORSA-related

information, including otherwise confidential and privileged

Oklahoma Statutes - Title 36. Insurance Page 767

documents, materials or information, including proprietary and

trade-secret information or documents, from regulatory officials of

other foreign or domestic jurisdictions, including members of any

supervisory college, and from the NAIC, and shall maintain as

confidential or privileged any documents, materials 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

3. Shall enter into a written agreement with the NAIC or a

third-party consultant 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 pursuant to

this act, including procedures and protocols for

sharing by the NAIC with other state regulators from

states in which the insurance group has domiciled

insurers. The agreement shall provide that the

recipient agrees in writing to maintain the

confidentiality and privileged status of the ORSA-

related documents, materials or other information and

has verified in writing the legal authority to

maintain confidentiality,

b. specify that ownership of information shared with the

NAIC or a third-party consultant pursuant to this act

remains with the Insurance Commissioner and the NAIC's

or a third-party consultant's use of the information

is subject to the direction of the Insurance

Commissioner,

c. prohibit the NAIC or third-party consultant 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 pursuant to this act is

subject to a request or subpoena to the NAIC or a

third-party consultant for disclosure or production,

e. require the NAIC or a third-party consultant to

consent to intervention by an insurer in any judicial

or administrative action in which the NAIC or a third-

party consultant may be required to disclose

confidential information about the insurer shared with

the NAIC or a third-party consultant pursuant to this

section, and

Oklahoma Statutes - Title 36. Insurance Page 768

f. in the case of an agreement involving a third-party

consultant, provide for the insurer's written consent.

D. The sharing of information and documents by the Insurance

Commissioner pursuant to this act shall not constitute a delegation

of regulatory authority or rulemaking, and the Insurance

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, proprietary and trade-secret

materials or other ORSA-related information shall occur as a result

of disclosure of such ORSA-related information or documents to the

Insurance Commissioner under this section or as a result of sharing

as authorized in this act.

F. Documents, materials or other information in the possession

or control of the NAIC or a third-party consultant pursuant to 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.
Okla. Stat. tit. 36, § 36-6945 — OK Code / Title 36 / Section 36-6945
Confidentiality of RBC reports and plans - Sharing and use of confidential information by
Status: in_force

Oklahoma Statutes - Title 36. Insurance Page 40use of confidential information by Insurance Commissioner -

Publication of RBC levels - Use of information in rate proceedings.

A. All Risk-Based Capital (RBC) reports, to the extent the

information is not required to be provided in a publicly available

annual statement schedule, and RBC plans, including the work papers

produced, obtained by or disclosed to the Commissioner or any other

person in the course of any examination or analysis and the results

or report of any examination or analysis of a health maintenance

organization performed pursuant to this statute and any corrective

order issued by the Commissioner pursuant to examination or

analysis, with respect to a domestic health maintenance organization

or foreign health maintenance organization that are in the

possession or control of the Insurance Commissioner shall, by law,

be confidential and privileged, shall not be subject to the

provisions of the Oklahoma Open Records Act or the Administrative

Procedures Act, shall not be subject to subpoena, and shall not be

subject to discovery or admissible in evidence in any private civil

action; provided, 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.

B. Access to the documentation provided for in subsection A of

this section may be granted to the National Association of Insurance

Commissioners. The parties shall agree in writing prior to

receiving information to provide to it the same confidential

treatment as required by this section, unless the prior written

consent of the company to which it pertains has been obtained.

C. 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 the provisions of

subsection A of this section.

D. 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 the provisions of subsection A of this

section, with other state, federal and international regulatory

agencies, with the NAIC and its affiliates and subsidiaries, and

with state, federal and international law enforcement authorities;

provided, that the recipient agrees to maintain the confidentiality

and privileged status of the document, material or other

information;

Oklahoma Statutes - Title 36. Insurance Page 1425

2. May receive documents, materials or information, including

otherwise confidential and privileged documents, materials or

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

3. May enter into agreements governing the sharing and use of

information consistent with this subsection.

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 paragraph 3 of

subsection D of this section.

F. Except as otherwise required under the provisions of this

act, 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 a radio or

television station, or in any other way, an advertisement,

announcement or statement containing an assertion, representation or

statement with regard to the RBC levels of any health maintenance

organization, or of any component derived in the calculation, by any

health maintenance organization, agent, 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 comparison regarding

a health maintenance organization’s total adjusted capital to its

RBC levels, or any of them, or an inappropriate comparison of any

other amount to the health maintenance organization’s RBC levels is

published in any written publication and the health maintenance

organization is able to demonstrate to the Commissioner with

substantial proof the falsity or inappropriateness of the statement,

the health maintenance organization may publish an announcement in a

written publication if the sole purpose of the announcement is to

rebut the materially false statement.

G. RBC instructions, RBC reports, adjusted RBC reports, RBC

plans and revised RBC plans shall be used by the Commissioner solely

in monitoring the solvency of health maintenance organizations and

the need for possible corrective action with respect to health

maintenance organizations. Such instructions, reports and plans

shall not be used by the Commissioner for ratemaking, considered or

introduced as evidence in any rate proceeding, or used by the

Commissioner to calculate or derive any elements of an appropriate

Oklahoma Statutes - Title 36. Insurance Page 1426

premium level or rate of return for any line of insurance that a

health maintenance organization or any affiliate is authorized to

write.
Okla. Stat. tit. 36, § 36-2041 — OK Code / Title 36 / Section 36-2041
Certain persons exempted from liability
Status: in_force

There shall be no liability on the part of and no cause of

action of any nature shall arise against any member insurer or its

agents or employees, the Association or its agents or employees,

members of the Board, or the Commissioner or his representatives,

for any action or omission by them in the performance of their

official powers and duties under this act. Such immunity shall

extend to the participation in any organization of one or more other

state associations of similar purposes and to any such organization

and its agents or employees.
Okla. Stat. tit. 36, § 36-1250.4 — OK Code / Title 36 / Section 36-1250.4
Claim files - Examination - Response to inquiries
Status: in_force

A. An insurer's claim files shall be subject to examination by

the Insurance Commissioner or by duly appointed designees. Such

files shall contain all notes and work papers pertaining to a claim

in such detail that pertinent events and the dates of such events

can be reconstructed. In addition, the Insurance Commissioner,

authorized employees and examiners shall have access to any of an

insurer's files that may relate to a particular complaint under

investigation or to an inquiry or examination by the Insurance

Department.

B. Any person subject to the jurisdiction of the 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.

The Commissioner may, upon good cause shown and on a case-by-case

basis, extend the time allowed for a response for up to seven (7)

additional calendar days. Any inquiry or response subject to this

subsection shall be delivered electronically.

C. Every insurer, upon receipt of any pertinent written

communication including but not limited to e-mail or other forms of

written electronic communication, or documentation by the insurer of

a verbal communication from a claimant which reasonably suggests

that a response is expected, shall, within thirty (30) days after

receipt thereof, furnish the claimant with an adequate response to

the communication.

D. Any violation by an insurer of this section shall subject

the insurer to discipline including a civil penalty of not less than

One Hundred Dollars ($100.00) nor more than Five Thousand Dollars

($5,000.00).
Okla. Stat. tit. 36, § 36-6911 — OK Code / Title 36 / Section 36-6911
Grievance procedures
Status: in_force

A. Every health maintenance organization shall establish and

maintain a grievance procedure that has been approved by the

Insurance Commissioner to provide for the resolution of grievances

initiated by enrollees. Such grievance procedure shall be approved

by the Insurance Commissioner within thirty (30) days of submission.

The health maintenance organization shall maintain a record of

grievances received since the date of its last examination of

grievances.

B. The Insurance Commissioner may examine the grievance

procedures.

C. Health maintenance organizations shall comply with the

requirements of an insurer as set out in Sections 1250.1 through

1250.16 of this title.
Okla. Stat. tit. 36, § 36-1435.16 — OK Code / Title 36 / Section 36-1435.16
Termination of appointment, employment, contract or
Status: in_force

other business relationship – Notification – Immunity from liability

– Confidentiality – Final adjudicated actions.

A. An insurer or authorized representative of the insurer that

terminates the appointment, employment, contract or other insurance

business relationship with a producer shall notify the Insurance

Commissioner within thirty (30) days following the effective date of

the termination, using a format prescribed by the Insurance

Commissioner, if the reason for termination is one of the reasons

set forth in Section 13 of this act or the insurer has knowledge the

producer was found by a court, government body, or self-regulatory

organization authorized by law to have engaged in any of the

activities in Section 13 of this act. Upon the written request of

the Insurance Commissioner, the insurer shall provide additional

information, documents, records or other data pertaining to the

termination or activity of the producer.

B. An insurer or authorized representative of the insurer that

terminates the appointment, employment, or contract with a producer

for any reason not set forth in Section 13 of this act, shall notify

the Insurance Commissioner within thirty (30) days following the

effective date of the termination, using a format prescribed by the

Insurance Commissioner. Upon written request of the Insurance

Commissioner, the insurer shall provide additional information,

documents, records or other data pertaining to the termination.

C. The insurer or the authorized representative of the insurer

shall promptly notify the Insurance Commissioner in a format

acceptable to the Insurance Commissioner if, upon further review or

investigation, the insurer discovers additional information that

would have been reportable to the Insurance Commissioner in

accordance with subsection A of this section had the insurer then

known of its existence.

D. 1. Within fifteen (15) days after making the notification

required by subsections A, B and C of this section, the insurer

Oklahoma Statutes - Title 36. Insurance Page 350

shall mail a copy of the notification to the producer at the

producer’s last-known address. If the producer is terminated for

cause for any of the reasons listed in Section 13 of this act, the

insurer shall provide a copy of the notification to the producer at

the producer’s last-known address by certified mail, return receipt

requested, postage prepaid or by overnight delivery using a

nationally recognized carrier.

2. Within thirty (30) days after the producer has received the

original or additional notification, the producer may file written

comments concerning the substance of the notification with the

Insurance Commissioner. The producer shall, by the same means,

simultaneously send a copy of the comments to the reporting insurer,

and the comments shall become a part of the Insurance Commissioner’s

file and accompany every copy of a report distributed or disclosed

for any reason about the producer as permitted under subsection F of

this section.

E. 1. In the absence of actual malice, an insurer, the

authorized representative of the insurer, a producer, the Insurance

Commissioner, or an organization of which the Insurance Commissioner

is a member and that compiles the information and makes it available

to other Insurance Commissioners or regulatory or law enforcement

agencies shall not be subject to civil liability, and a civil cause

of action of any nature shall not arise against these entities or

their respective agents or employees, as a result of any statement

or information required by or provided pursuant to this section or

any information relating to any statement that may be requested in

writing by the Insurance Commissioner, from an insurer or producer;

or a statement by a terminating insurer or producer to an insurer or

producer limited solely and exclusively to whether a termination for

cause under subsection A of this section was reported to the

Insurance Commissioner, provided that the propriety of any

termination for cause under subsection A of this section is

certified in writing by an officer or authorized representative of

the insurer or producer terminating the relationship.

2. In any action brought against a person that may have

immunity under paragraph 1 of this subsection for making any

statement required by this section or providing any information

relating to any statement that may be requested by the Insurance

Commissioner, the party bringing the action shall plead specifically

in any allegation that paragraph 1 of this subsection does not apply

because the person making the statement or providing the information

did so with actual malice.

3. Paragraph 1 or 2 of this subsection shall not abrogate or

modify any existing statutory or common law privileges or

immunities.

F. 1. Any documents, materials or other information in the

control or possession of the Department of Insurance that is

Oklahoma Statutes - Title 36. Insurance Page 351

furnished by an insurer, producer or an employee or agent thereof

acting on behalf of the insurer or producer, or obtained by the

Insurance Commissioner in an investigation pursuant to this section

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

the 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 Insurance 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 Insurance

Commissioner’s duties.

2. Neither the Insurance Commissioner nor any person who

received documents, materials or other information while acting

under the authority of the Insurance Commissioner shall be permitted

or required to testify in any private civil action concerning any

confidential documents, materials, or information subject to

paragraph 1 of this subsection.

3. In order to assist in the performance of the Insurance

Commissioner’s duties under this act, the Insurance Commissioner:

a. may share documents, materials or other information,

including the confidential and privileged documents,

materials or information subject to paragraph 1 of

this subsection, with other state, federal, and

international regulatory agencies, with the National

Association of Insurance Commissioners, its affiliates

or subsidiaries, and with state, federal, and

international law enforcement authorities, provided

that the recipient agrees to maintain the

confidentiality and privileged status of the document,

material or other information,

b. 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, and

c. may enter into agreements governing sharing and use of

information consistent with this subsection.

4. 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

Oklahoma Statutes - Title 36. Insurance Page 352

section or as a result of sharing as authorized in paragraph 3 of

this subsection.

5. Nothing in the Oklahoma Producer Licensing Act shall

prohibit the Insurance Commissioner from releasing final,

adjudicated actions including for cause terminations that are open

to public inspection pursuant to the Open Records Act to a database

or other clearinghouse service maintained by the National

Association of Insurance Commissioners, its affiliates or

subsidiaries of the National Association of Insurance Commissioners.

G. An insurer, the authorized representative of the insurer, or

producer that fails to report as required under the provisions of

this section or that is found to have reported with actual malice by

a court of competent jurisdiction may, after notice and hearing,

have its license or certificate of authority suspended or revoked

and may be fined in accordance with Section 13 of this act.
Okla. Stat. tit. 36, § 36-1903 — OK Code / Title 36 / Section 36-1903
Commencement of delinquency proceedings
Status: in_force

The Insurance Commissioner shall commence any such proceeding,

his attorney or the Attorney General representing him, by an

application to the court for an order directing the insurer to show

cause why the Insurance Commissioner should not have the relief

prayed for. On the return of such order to show cause, and after a

full hearing, the court shall either deny the application or grant

the application, together with such other relief as the nature of

Oklahoma Statutes - Title 36. Insurance Page 533

the case and the interests of policyholders, creditors,

stockholders, members, subscribers, or the public may require.
Okla. Stat. tit. 36, § 36-629 — OK Code / Title 36 / Section 36-629
Estimate and prepayment of premium tax - Crediting
Status: in_force

A. Every insurance company transacting business in this state

whose premium tax, paid with respect to the previous calendar year's

premiums, was One Thousand Dollars ($1,000.00) or more, shall make

an estimate each year as provided herein and remit with each

estimate a prepayment of its annual premium tax for the current

calendar year equal to one-fourth (1/4) of its annual premium tax

paid with respect to the previous calendar year's premiums.

Estimates, with remittance, shall be made on or before April 15,

June 15, September 15 and December 15, respectively.

B. All sums prepaid by an insurance company shall be allowed as

credits against its annual return for premium tax payable on or

before the first day of March. If sums prepaid exceed the insurance

company’s annual premium tax payable on or before the first day of

March, the excess shall be refunded or shall be allowed as credits

against subsequent prepayments of the tax as the insurance company

shall elect on the annual return for premium tax filed for the year

by the insurance company with respect to which such excess

prepayments were made. Provided, in the case of an insurance

company which has made prepayments of its premium tax in excess of

its annual premium tax payable, the part of the excess prepayments

as has not been credited against subsequent prepayments of the tax

shall be refunded to the insurance company upon application within

one hundred eighty (180) days after application is made.
Okla. Stat. tit. 36, § 36-311A.6 — OK Code / Title 36 / Section 36-311A.6
Registration of the name and address of the accountant
Status: in_force

or accounting firm retained to conduct the annual audit - Accountant

letter - Notification of dismissal or resignation.

A. Each insurer required by the Oklahoma Annual Financial

Report Act to file an annual audited financial report must, within

sixty (60) days after becoming subject to the requirement, register

with the Insurance Commissioner in writing the name and address of

the independent certified public accountant or accounting firm

retained to conduct the annual audit set forth in the Oklahoma

Annual Financial Report Act. Insurers not retaining an independent

certified public accountant on the effective date of the Oklahoma

Annual Financial Report Act shall register the name and address of

their retained independent certified public accountant not less than

six (6) months before the date when the first audited financial

report is to be filed.

B. The insurer shall obtain a letter from the accountant, and

file a copy with the Commissioner stating that the accountant is

aware of the provisions of the insurance code and the regulations of

the insurance department of the state of domicile that relate to

accounting and financial matters and affirming that the accountant

will express the opinion of the accountant on the financial

statements in terms of their conformity to the statutory accounting

practices prescribed or otherwise permitted by that insurance

department, specifying such exceptions as the accountant may believe

appropriate.

C. If an accountant who was the accountant for the immediately

preceding filed audited financial report is dismissed or resigns,

the insurer shall within five (5) business days notify the

Commissioner of this event. The insurer shall also furnish the

Commissioner with a separate letter within ten (10) business days of

the above notification stating whether in the twenty-four (24)

months preceding such event there were any disagreements with the

former accountant on any matter of accounting principles or

practices, financial statement disclosure, or auditing scope or

procedure, which disagreements, if not resolved to the satisfaction

of the former accountant, would have caused the former accountant to

make reference to the subject matter of the disagreement in

connection with the opinion of the former accountant. The

disagreements required to be reported in response to this section

include both those resolved to the satisfaction of the former

accountant and those not resolved to the satisfaction of the former

accountant. Disagreements contemplated by this section are those

that occur at the decision-making level, between personnel of the

insurer responsible for presentation of its financial statements and

personnel of the accounting firm responsible for rendering its

report. The insurer shall also in writing request the former

accountant to furnish a letter addressed to the insurer stating

Oklahoma Statutes - Title 36. Insurance Page 83

whether the accountant agrees with the statements contained in the

letter of the insurer and, if not, stating the reasons for which the

accountant does not agree. The insurer shall furnish the responsive

letter from the former accountant to the Commissioner together with

its own.
Okla. Stat. tit. 36, § 36-2703.1 — OK Code / Title 36 / Section 36-2703.1
Representative form of government defined
Status: in_force

A society has a representative form of government when:

1. It has a supreme governing body constituted in one of the

following ways:

a. Assembly. The supreme governing body is an assembly

composed of delegates elected directly by the members

or at intermediate assemblies or conventions of

members or their representatives, together with other

delegates as may be prescribed in the society's laws.

A society may provide for election of delegates by

mail. The elected delegates shall constitute a

majority in number and shall not have less than two-

thirds (2/3) of the votes and not less than the number

of votes required to amend the society's laws. The

assembly shall be elected and shall meet at least once

Oklahoma Statutes - Title 36. Insurance Page 712

every four (4) years and shall elect a board of

directors to conduct the business of the society

between meetings of the assembly. Vacancies on the

board of directors between elections may be filled in

the manner prescribed by the society's laws, or

b. Direct Election. The supreme governing body is a

board composed of persons elected by the members,

either directly or by their representatives in

intermediate assemblies, and any other persons

prescribed in the society's laws. A society may

provide for election of the board by mail. Each term

of a board member may not exceed four (4) years.

Vacancies on the board between elections may be filled

in the manner prescribed by the society's laws. Those

persons elected to the board shall constitute a

majority in number and not less than the number of

votes required to amend the society's laws. A person

filling the unexpired term of an elected board member

shall be considered to be an elected member. The

board shall meet at least quarterly to conduct the

business of the society;

2. The officers of the society are elected either by the

supreme governing body or by the board of directors;

3. Only benefit members are eligible for election to the

supreme governing body, the board of directors or any intermediate

assembly; and

4. Each voting member has one vote; no vote may be cast by

proxy.
Okla. Stat. tit. 36, § 36-2904 — OK Code / Title 36 / Section 36-2904
Insuring powers of reciprocals
Status: in_force

A. A reciprocal insurer may, upon qualifying therefor as

provided for by this Code, transact any kind or kinds of insurance

defined by this Code, other than life or title insurance.

B. Such an insurer may purchase reinsurance upon the risk of

any subscriber, and may grant reinsurance as to any kind of

insurance it is authorized to transact direct.
Okla. Stat. tit. 36, § 36-6415 — OK Code / Title 36 / Section 36-6415
Board of directors - Membership - Term - Vacancies -
Status: in_force

Meetings - Approval of selections - Compensation.

A. The business and functions of the Association shall be

managed and administered by a Board of eight (8) directors composed

of four directors representing Association members, two directors

who are representatives of Oklahoma domestic insurers who are

Association members, one director who represents a surplus lines

carrier who is an Association member, and the Oklahoma Insurance

Commissioner or an Oklahoma Insurance Department staff member chosen

as a designee by the Oklahoma Insurance Commissioner. Each director

shall designate a full-time salaried employee of the insurer to

represent the director as an alternate in the absence of the

director on the Board. The term of office of each director shall

continue until the appointment and qualification of a successor.

Any vacancy on the Board shall be filled for the remaining period of

the term by the remaining Board directors.

B. The chairman shall call all meetings of the Board and shall

give reasonable notice of meetings to all directors. At any meeting

of the Board, each Board director or his predesignated alternate

shall have one vote. Six members of the Board or their

predesignated alternates shall constitute a quorum for the

transaction of business and the acts of a majority of the Board

members present at a meeting at which a quorum is present shall be

the acts of the Board. The Board shall meet as often as may be

required to perform the general duties of administration of the

Association, but not less frequently than annually.

C. In approving selections to the Board, the Board of Directors

shall consider, among other things, whether all Association member

insurers are fairly represented.

D. Members of the Board and their predesignated alternates

shall serve without compensation but may be reimbursed from the

assets of the Association for all actual and necessary expenses

incurred by them in performance of their duties for the Board.Oklahoma Statutes - Title 36. Insurance Page 33
Okla. Stat. tit. 36, § 36-973 — OK Code / Title 36 / Section 36-973
Grant eligibility — Applications — Fund use
Status: in_force

A. To be eligible for a grant, residential property owners

applying for a grant must be able to meet the eligibility

requirements as set forth by the Insurance Department for each grant

type. These requirements shall include, but not be limited to, the

following:

1. The residential property owner shall have or be constructing

insurable property, as defined in Section 963 of Title 36 of the

Oklahoma Statutes, that has been granted a homestead exemption, or,

if new build, provides other documentation approved by the Insurance

Commissioner;

2. The residential property owner shall claim their primary

residence in a county where grants are being approved;

3. The home to be mitigated shall be an owner-occupied, single-

family, primary residence and cannot be a condominium or mobile

home;

4. The home shall be in good repair unless damaged by a tornado

or other catastrophic windstorm event or hail. SOH Program grant

funds cannot be used for maintenance or repairs but may be used in

conjunction with repairs or reconstruction necessitated by damages

from a tornado or other catastrophic windstorm event or hail;

5. A Certified IBHS Evaluator shall prequalify the insurable

property as mitigable and identify all improvements required to

achieve IBHS FORTIFIED Roof™ (Roof), FORTIFIED Silver™ (Silver),

FORTIFIED Gold™ (Gold), or successor designation, or similar

standard approved by the Insurance Commissioner. The residential

property owner shall select the evaluator from a list provided by

the SOH Program and shall pay the evaluator's fee;

6. The residential property owner shall obtain bids from at

least three IBHS Certified Contractors approved by the SOH Program;

7. The residential property owner shall construct or retrofit

the home to the Insurance IBHS Roof or Silver, Gold, or successor

designation or similar standard approved by the Commissioner, which

shall include the hail supplement;

8. The residential property owner shall provide proof of an in-

force policy providing wind insurance on the home; and

9. If the insurable property is in a special flood hazard area,

the residential property owner shall provide proof of an in-force

flood insurance policy. The flood policy may be from the National

Flood Insurance Program (NFIP) or a private carrier.

Oklahoma Statutes - Title 36. Insurance Page 225

B. Grant applications shall be filed electronically with the

Department in the form and manner prescribed by the Commissioner,

along with any applicable transaction fees.

C. Documents, materials, and other information submitted to the

Department by property owners or insurance companies in support of a

grant application shall be confidential by law and privileged, shall

not be subject to open records requests, shall not be subject to

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

evidence in any private civil action.

D. Grants to residential property owners shall be used to

construct or retrofit an insurable property as defined in Section

963 of Title 36 of the Oklahoma Statutes to resist loss due to a

tornado or other catastrophic windstorm event or hail as prescribed

in subsection B of Section 962 of Title 36 of the Oklahoma Statutes.

E. Retrofit projects within six (6) months of the date the

residential property owner receives notice of the grant approval.

New builds shall be completed within the timeframe approved by the

Commissioner. Failure to complete the project timely may result in

forfeiture of the grant.

F. Grant funds shall only be paid once a certificate has been

issued for the fortified standard approved by the Commissioner.

Grant funds shall be paid by the Department or another designated

agency, on behalf of the residential property owner, directly to the

contractor who performed the mitigation work.

G. Applications will be accepted on a first-come, first-served

basis within each income tier established by the Commissioner, with

priority given to lower-income applicants, applicants who live in

locations that, based on historical data, have a higher

susceptibility to catastrophic weather events, and applicants

meeting any other criteria the Commissioner determines is

appropriate to meet the purpose of the program.

H. Any entity providing funds to the SOH Program shall be

permitted to establish additional rules and guidelines under which

those funds may be used, as long as such rules and guidelines do not

violate any state or federal law.

I. The Department may conduct random inspections of funds,

records, and/or properties to detect any fraud.
Okla. Stat. tit. 36, § 36-310A.3 — OK Code / Title 36 / Section 36-310A.3
Material nonrenewals, cancellations or revisions of
Status: in_force

ceded reinsurance agreements defined - Information to be disclosed

in report.

A. 1. No nonrenewals, cancellations or revisions of ceded

reinsurance agreements need be reported pursuant to Section 1 of

this act if the nonrenewals, cancellations or revisions are not

material. For purposes of this act, a material nonrenewal,

cancellation or revision is one that affects:

a. as respects property and casualty business, including

accident and health business written by a property and

casualty insurer:

(1) more than fifty percent (50%) of the insurer's

total ceded written premium, or

(2) more than fifty percent (50%) of the insurer's

total ceded indemnity and loss adjustment

reserves,

b. as respects life, annuity, and accident and health

business: more than fifty percent (50%) of the total

reserve credit taken for business ceded, on an

annualized basis, as indicated in the insurer's most

recent annual statement, and

c. as respects either property and casualty or life,

annuity, and accident and health business, either of

the following events shall constitute a material

revision which must be reported:

(1) an authorized reinsurer representing more than

ten percent (10%) of a total cession is replaced

by one or more unauthorized reinsurers, or

(2) previously established collateral requirements

have been reduced or waived as respects one or

Oklahoma Statutes - Title 36. Insurance Page 71

more unauthorized reinsurers representing

collectively more than ten percent (10%) of a

total cession.

2. However, no filing shall be required if:

a. as respects property and casualty business, including

accident and health business written by a property and

casualty insurer: the insurer's total ceded written

premium represents, on an annualized basis, less than

ten percent (10%) of its total written premium for

direct and assumed business, or

b. as respects life, annuity, and accident and health

business: the total reserve credit taken for business

ceded represents, on an annualized basis, less than

ten percent (10%) of the statutory reserve requirement

prior to any cession.

B. 1. The following information is required to be disclosed in

any report of a material nonrenewal, cancellation or revision of

ceded reinsurance agreements:

a. effective date of the nonrenewal, cancellation or

revision,

b. the description of the transaction with an

identification of the initiator thereof,

c. purpose of, or reason for, the transaction, and

d. if applicable, the identity of the replacement

reinsurers.

2. Insurers are required to report all material nonrenewals,

cancellations or revisions of ceded reinsurance agreements on a

nonconsolidated basis unless the insurer is part of a consolidated

group of insurers which utilizes a pooling arrangement or one

hundred percent (100%) reinsurance agreement that affects the

solvency and integrity of the insurer's reserves and the insurer

ceded substantially all of its direct and assumed business to the

pool. An insurer is deemed to have ceded substantially all of its

direct and assumed business to a pool if:

a. the insurer has less than One Million Dollars

($1,000,000.00) total direct plus assumed written

premiums during a calendar year that are not subject

to a pooling arrangement, and

b. the net income of the business not subject to the

pooling arrangement represents less than five percent

(5%) of the insurer's capital and surplus.
Okla. Stat. tit. 36, § 36-6651 — OK Code / Title 36 / Section 36-6651
Definitions
Status: in_force

As used in the Vehicle Protection Product Act:

1. "Administrator" means a third party other than the warrantor

who is designated by the warrantor to be responsible for the

administration of vehicle protection product warranties;

2. "Commissioner" means the Insurance Commissioner;

3. "Department" means the Insurance Department;

4. "Incidental costs" means expenses specified in the warranty

incurred by the warranty holder related to the failure of the

vehicle protection product to perform as provided in the warranty.

Incidental costs may include insurance policy deductibles, rental

vehicle charges, the difference between the actual value of the

stolen vehicle at the time of theft and the cost of a replacement

vehicle, vehicle excise taxes, vehicle registration fees,

certificate of title fees, transaction fees and mechanical

inspection fees;

5. "Service contract" means a contract or agreement as defined

under the Service Warranty Act in Title 15 of the Oklahoma Statutes;

6. "Vehicle protection product" means a vehicle protection

device, system, or service that:

a. is installed on or applied to a vehicle,

b. is designed to prevent loss or damage to a vehicle

from a specific cause, and

c. includes a written warranty.

For purposes of this section, the term vehicle protection

product shall include alarm systems, body part marking products,

steering locks, window etch products, pedal and ignition locks, fuel

and ignition kill switches, and electronic, radio and satellite

tracking devices;

7. "Vehicle protection product warranty" or "warranty" means a

written agreement by a warrantor that provides if the vehicle

protection product fails to prevent loss or damage to a vehicle from

a specific cause, that the warrantor will pay to or on behalf of the

warranty holder specified incidental costs as a result of the

failure of the vehicle protection product to perform pursuant to the

terms of the warranty;

8. "Vehicle protection product warrantor" or "warrantor" means

a person who is contractually obligated to the warranty holder under

Oklahoma Statutes - Title 36. Insurance Page 1330

the terms of the vehicle protection product warranty agreement.

Warrantor does not include an authorized insurer providing a

warranty reimbursement insurance policy;

9. "Warranty holder" means a person who purchases a vehicle

protection product or who is a permitted transferee; and

10. "Warranty reimbursement insurance policy" means a policy of

insurance that is issued to the vehicle protection product warrantor

to provide reimbursement to the warrantor or to pay on behalf of the

warrantor all covered contractual obligations incurred by the

warrantor under the terms and conditions of the insured vehicle

protection product warranties issued by the warrantor.
Okla. Stat. tit. 36, § 36-323 — OK Code / Title 36 / Section 36-323
Commissioner enforcement power and authority
Status: in_force

In addition to any powers herein before expressly enumerated in

this law, the Insurance Commissioner shall have full power and

authority to enforce by regulations, orders, bulletins or otherwise

all and singular, the provisions of this law, and the full intent

thereof. In particular the Commissioner shall have the authority

and power:

1. To examine all records of persons or organizations falling

under the jurisdiction of the Commissioner and to require the same

to furnish under oath such information as the Commissioner may deem

necessary for the administration of this law. The expense of such

examination shall be paid by the insurer or advisory organization

examined. In lieu of such examination, the Commissioner may, in the

discretion of the Commissioner, accept a report of examination made

by any other insurance supervisory authority;

2. To make and enforce such reasonable bulletins, orders, rules

and regulations as may be necessary in making this law effective,

but such bulletins, orders, rules and regulations shall not be

contrary to or inconsistent with the provisions of this law; and

3. To issue an order in accordance with Article II of the

Administrative Procedures Act to all parties in interest requiring

any person or organization falling under the jurisdiction of the

Commissioner to cease and desist from any unfair or unreasonable

practice.
Okla. Stat. tit. 36, § 36-3634.2 — OK Code / Title 36 / Section 36-3634.2
Prescription drug coverage - Definitions
Status: in_force

As used in this act:

1. "Co-payment" means a type of cost sharing whereby insured or

covered persons pay a specified predetermined amount per unit of

service with their insurer paying the remainder of the charge. The

Oklahoma Statutes - Title 36. Insurance Page 802

co-payment is incurred at the time the service is rendered. The co-

payment may be a fixed or variable amount;

2. "Contract provider" means a pharmacy or pharmacist granted

the right to provide prescription drugs and pharmacy services

according to the terms of the insurer;

3. "Insurer" means any individual, plan, policy or contract

that provides health care coverage benefits for pharmacy services

including, but not limited to, prescription drugs;

4. "Pharmacist" means any person licensed by the Oklahoma State

Board of Pharmacy to practice pharmacy; and

5. "Pharmacy" means a pharmacy licensed by the Oklahoma State

Board of Pharmacy.
Okla. Stat. tit. 36, § 36-6060.4a — OK Code / Title 36 / Section 36-6060.4a
Claims in conjunction with arrest or pretrial
Status: in_force

detention.

A. No health benefit plan, including, but not limited to, the

State and Education Employees Group Health Insurance Plan, that is

offered, issued or renewed in the state on or after January 1, 2009,

shall exclude otherwise allowable claims which occur in conjunction

with the arrest or pretrial detention of the policyholder prior to

adjudication of guilt and sentencing to incarceration of the

policyholder. The reimbursement rate for out-of-network claims for

these services shall be set at the current Medicare rate.

B. 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.
Okla. Stat. tit. 36, § 36-6146 — OK Code / Title 36 / Section 36-6146
Deposit required
Status: in_force

A. A prepaid dental plan organization shall keep on deposit

with the Insurance Commissioner cash certificates of deposit issued

by solvent insured banks and trust companies in Oklahoma, or a

combination of cash certificates or securities eligible for

investment of capital funds, which have been approved by the

Commissioner in the following amounts:

Number of members Deposit

5,000 or less $25,000.00

5,001 - 7,500 $30,000.00

7,501 - 10,000 $50,000.00

10,001 - 15,000 $75,000.00

15,001 - 20,000 $100,000.00

20,001 - 25,000 $125,000.00

25,001 - 30,000 $150,000.00

30,001 - 40,000 $175,000.00

Oklahoma Statutes - Title 36. Insurance Page 1155

40,001 and above $200,000.00

B. The deposit required by the provisions of subsection A of

this section shall be held by the Commissioner in trust for the

benefit and protection of persons covered by a prepaid dental plan

and shall not be subject to attachment by any creditors of the

prepaid dental organization or plan.

C. Any securities required by the provisions of subsection A of

this section, with the approval of the Commissioner, may be

exchanged for similar securities or cash of equal amount. Interest

on securities deposited shall be payable to the prepaid dental plan

organization depositing such securities.

D. An unpaid final judgment arising upon a membership coverage

shall be a lien on the deposit held by the Commissioner, subject to

execution after thirty (30) days from the entry of final judgment,

unless the judgment is satisfied. If the deposit held by the

Commissioner is reduced, the deposit shall be replenished within

ninety (90) days by the prepaid dental plan organization.

E. The deposit prescribed by the provisions of subsection A of

this section shall not apply to a prepaid dental plan organization

which is funded by the state, a political subdivision of the state,

or the United States.

F. Upon liquidation or dissolution of a prepaid dental plan

organization and the satisfaction of all debts and liabilities of

the organization, any balance remaining of the cash or securities

deposit as prescribed in subsection A of this section together with

any other assets of the prepaid dental plan organization shall be

returned by the Commissioner to the prepaid dental plan

organization.
Okla. Stat. tit. 36, § 36-1100.2 — OK Code / Title 36 / Section 36-1100.2
Authority to enter multistate agreements
Status: in_force

A. For the purposes of carrying out the Nonadmitted and

Reinsurance Reform Act of 2010, the Insurance Commissioner is

authorized in the Insurance Commissioner's sole discretion and

judgment to enter into the Nonadmitted Insurance Multi-State

Agreement or any other multistate agreement or compact with the same

function and purpose, in order to:

1. Facilitate the collection, allocation and disbursement of

premium taxes attributable to the placement of nonadmitted insurance

through a central clearinghouse;

2. Provide for uniform methods of allocation and reporting

among nonadmitted insurance risk classifications through a central

clearinghouse; and

3. Share information among states relating to nonadmitted

insurance premium taxes.

B. The Insurance Commissioner is not compelled now or in the

future to join the Nonadmitted Insurance Multi-State Agreement or

any other multistate agreement or compact with the same function and

purpose of distributing surplus line premium tax proceeds based on a

formula of multistate risk allocation, unless the Insurance

Commissioner, in his or her discretion, deems joining such a

multistate compact or agreement is in the best interest of the State

of Oklahoma and its citizens.
Okla. Stat. tit. 36, § 36-999.2 — OK Code / Title 36 / Section 36-999.2
Purpose of act
Status: in_force

The purpose of the Oklahoma Subsidence Insurance Act is to make

mine subsidence insurance coverage available for residences, living

units and commercial buildings located in this state.
Okla. Stat. tit. 36, § 36-2419 — OK Code / Title 36 / Section 36-2419
Amended articles of incorporation; filing
Status: in_force

The amended articles of incorporation so adopted shall be filed

with the Secretary of State.
Okla. Stat. tit. 36, § 36-1252 — OK Code / Title 36 / Section 36-1252
Renumbered as § 1250.2 of this title by Laws 1994, c
Status: in_force

342, § 20, eff. Sept. 1, 1994.
Okla. Stat. tit. 36, § 36-924.3 — OK Code / Title 36 / Section 36-924.3
Appeals of rating classifications
Status: in_force

The Insurance Commissioner shall adopt rules and regulations

creating a procedure for an employer to appeal its rating

classification for workers' compensation insurance to the

Commissioner. Any hearings pursuant to this procedure shall be

subject to the Administrative Procedures Act.
Okla. Stat. tit. 36, § 36-2815 — OK Code / Title 36 / Section 36-2815
Prohibition on transfer or sale of certificates,
Status: in_force

authority, or articles.

No certificate, or authority, or articles of incorporation of a

farmers' mutual fire insurance association shall be transferred,

sold, or otherwise exchanged or traded.
Okla. Stat. tit. 36, § 36-4413 — OK Code / Title 36 / Section 36-4413
Short title - Health Care Choice Act
Status: in_force

Section 3 of this act shall be known and may be cited as the

"Health Care Choice Act".