Okla. Stat. tit. 36, § 36-1415.3 — OK Code / Title 36 / Section 36-1415.3
Navigator registration – Application – Requirements -
Status: in_force

Violations.

A. No navigator shall provide assistance with regard to health

benefit plans as a navigator in this state under the provisions of

the federal act unless registered in accordance with this act. The

Insurance Commissioner must maintain a registry of navigators.

B. An individual applying for a navigator registration shall

make application on a form developed by the Commissioner and shall

declare under penalty of refusal, suspension, or revocation of the

registration that the statements made in the application are true,

correct, and complete to the best of the applicant's knowledge. The

Commissioner may not allow any applicant to register who does not

meet or conform to the following qualifications or requirements:

1. The applicant shall establish to the satisfaction of the

Commissioner that he or she has read and will comply with written

materials provided by the Commissioner concerning ethics, consumer

privacy, the insurance laws of this state, and any other topic or

topics the Commissioner deems necessary and attests to such

understanding and intent to comply with all state statutes and

rules;

2. The applicant shall attest to an understanding of the

disclosure and recordkeeping requirements of the registry and the

ability to provide and maintain such documents;

3. An applicant shall be not less than eighteen (18) years of

age and of good moral character;

4. The applicant shall successfully complete a criminal history

and regulatory background investigation in the manner that the

Commissioner requires;

5. The applicant shall identify the entity with which he or she

is, or will be, affiliated and supervised; and

6. The applicant shall pay a registration fee prescribed by the

Commissioner not to exceed Fifty Dollars ($50.00).

C. An entity applying for a navigator entity registration shall

make application on a form developed by the Commissioner and shall

declare under penalty of refusal, suspension or revocation of the

registration that the statements made in the application are true,

correct and complete to the best of the applicant's knowledge. The

Commissioner shall not issue a registration to any entity applicant

that does not meet or conform to the following qualifications or

requirements:

1. Establishes policies and procedures to ensure that acts that

may be performed only by a registered navigator or licensed producer

are performed by persons who are appropriately registered or

licensed;

Oklahoma Statutes - Title 36. Insurance Page 324

2. Acknowledges and accepts legal responsibility for the acts

of the individual navigators that it employs, supervises, or is

affiliated with that are performed in this state and that are within

the scope of the navigator's apparent authority; and

3. Pays a registration fee prescribed by the Commissioner not

to exceed Fifty Dollars ($50.00).

D. The registration of an individual navigator or navigator

entity shall expire one year after issuance. An individual

applicant for a renewal registration shall provide proof that he or

she has completed continuing education as required under the federal

act and shall establish to the satisfaction of the Commissioner that

he or she has read and will comply with written materials provided

by the Commissioner concerning ethics, consumer privacy, the

insurance laws of this state and any other topic or topics the

Commissioner deems necessary and attests to such understanding and

intent to comply with all state statutes and rules.

E. A registered individual navigator must:

1. Provide a disclaimer in a form prescribed by the

Commissioner to each individual or group whom the navigator assists,

which shall include the name of the navigator and the navigator

entity;

2. Record the name and contact information for each individual

or group whom the navigator assists in enrolling on the exchange and

the date of contact and provide such information to the navigator

entity immediately;

3. Allow for an on-site inspection of operations and records

specifically related to the fulfillment of the enrollment or

assistance with enrollment duties as required by this act by the

navigator at any time, including providing summary reports as

requested by the Commissioner, which shall not include personally

identifiable information. Provided, however, a registered

individual navigator shall, upon inquiry by the Commissioner, verify

the name, contact information, and date of contact for an individual

or group assisted in enrolling on the exchange by the navigator;

4. Report to the Commissioner any administrative action taken

by a governmental agency against the navigator in this state or in

any other jurisdiction within thirty (30) calendar days of the final

disposition of the matter;

5. Report to the Commissioner any criminal prosecution of the

navigator taken in any jurisdiction within thirty (30) calendar days

of the initial pretrial hearing date; and

6. Notify the Commissioner within ten (10) calendar days of any

action by an exchange or related party that restricts or terminates

the navigator's authorization to act as a navigator.

F. A registered navigator entity must:

1. Maintain a record of all individuals employed or overseen as

a navigator for a period of three (3) years following the

Oklahoma Statutes - Title 36. Insurance Page 325

termination of the employment or oversight of the individual as a

navigator;

2. Maintain all records required to be provided to the

navigator entity by registered navigators for a period of three (3)

years following the termination of the employment or oversight of

each individual as a navigator;

3. Allow for an on-site inspection of operations and records

specifically related to the fulfillment of the enrollment or

assistance with enrollment duties as required by this act by the

navigator at any time, including providing summary reports as

requested by the Commissioner, which shall not include personally

identifiable information. Provided, however, a registered navigator

entity shall, upon inquiry by the Commissioner, verify the name,

contact information, and date of contact for an individual or group

assisted in enrolling on the exchange by any navigator employed or

overseen by the navigator entity;

4. Provide the Commissioner with a list of all individual

navigators that it employs, supervises or is affiliated with, in a

manner prescribed by the Commissioner; and

5. Report to the Commissioner any termination of employment,

engagement, affiliation or other relationship with an individual

navigator within thirty (30) days, using a format prescribed by the

Commissioner, if the navigator is terminated for failing to comply

with any requirement of this title.

G. Any person who acts as a navigator without holding an active

registration at the time of the action shall be guilty of a

misdemeanor and shall be punished by the imposition of a fine of not

more than Two Hundred Fifty Dollars ($250.00) or imprisonment in the

county jail for not less than three (3) months nor more than six (6)

months, or be punished by both such fine and imprisonment.

H. Any navigator who violates the provisions of this act shall

be subject to a civil fine of not less than Fifty Dollars ($50.00)

nor more than Five Hundred Dollars ($500.00) for each occurrence.

I. Any navigator entity that allows an individual who is

employed or overseen by the navigator entity to interact with

individuals or groups performing any of the functions of a navigator

without an active registration shall be subject to a civil fine of

not more than Five Hundred Dollars ($500.00) for each individual or

group with whom the unregistered individual interacts as a navigator

and a civil fine of not more than Fifty Dollars ($50.00) for each

day the unregistered individual performs acts as a navigator.

J. Any navigator entity that fails to retain the documentation

required by this act shall be subject to a civil fine of not less

than Fifty Dollars ($50.00) nor more than Five Hundred Dollars

($500.00) for each occurrence.
Okla. Stat. tit. 36, § 36-985 — OK Code / Title 36 / Section 36-985
Ratemaking standards
Status: in_force

Ratemaking Standards.

A. A rate may not be excessive, inadequate or unfairly

discriminatory.

1. No rate in a competitive market may be determined to be

excessive. A rate in a noncompetitive market may be determined to

be excessive if it is likely to produce a profit that is

unreasonably high for the insurance provided.

2. A rate may not be determined to be inadequate unless:

a. the rate is clearly insufficient to sustain projected

losses, expenses and special assessments, and

b. the rate is unreasonably low and use of the rate by

the insurer has tended or, if continued, will tend to

create a monopoly in the market.

3. Unfair discrimination may be determined to exist if, after

allowing for practical limitations, price differentials fail to

reflect equitably the differences in expected losses and expenses.

A rate may not be determined to be unfairly discriminatory because

different premiums result for policyholders with like loss exposures

but different expense levels, or like expenses but different loss

exposures, or if it averaged broadly among persons insured within a

group, franchise or blanket policy or a mass-marketed plan. No rate

in a competitive market shall be considered unfairly discriminatory

unless it classifies risk on the basis of race, color, creed, or

national origin.

B. In determining whether rates in a noncompetitive market are

excessive, inadequate, or unfairly discriminatory, due consideration

may be given to:

1. Past and prospective loss experience within and outside this

state, in accordance with accepted actuarial principles;

2. Conflagration and catastrophe hazards;

Oklahoma Statutes - Title 36. Insurance Page 233

3. A reasonable margin for underwriting profit and

contingencies;

4. Loadings for leveling premium rates over time for dividends,

savings or unabsorbed premium deposits allowed or returned by

insurers to their policyholders, members or subscribers;

5. Past and prospective expenses both countrywide and those

specially applicable to this state; and

6. Provisions for special assessments; and to all other

relevant factors including judgment within and outside this state.

C. Risks may be grouped by classifications for the

establishment of rates and minimum premiums. Classification rates

may be modified to produce rates for individual risks in accordance

with rating plans which establish standards for measuring variations

in hazards or expense provisions, or both. Such standards may

measure any differences among risks that can be demonstrated to have

a probable effect upon losses or expenses. No risk classification

however, may be based on race, creed, national origin, or the

religion of the insured.

D. The expense provisions included in the rates for use by an

insurer or group of insurers may differ from those of any other

insurer or group of insurers to reflect the requirements of the

operating methods of the insurer or group of insurers.

E. The rates may contain provision for contingencies and an

allowance permitting a reasonable profit. In determining the

reasonableness of the profit, consideration shall be given to the

investment income attributable to the line of insurance.

F. Risks may be classified in any way except that no risk may

be classified on the basis of race, color, creed, or national

origin.
Okla. Stat. tit. 36, § 36-6201 — OK Code / Title 36 / Section 36-6201
Short Title
Status: in_force

This act may be cited as the "Insurance Adjusters Licensing

Act."
Okla. Stat. tit. 36, § 36-6136.18 — OK Code / Title 36 / Section 36-6136.18
Conversion from trust-funded to insurance-funded
Status: in_force

benefits.

A. Member organizations may convert trust-funded prepaid

funeral benefits to insurance-funded prepaid funeral benefits. The

conversion shall be subject to the provisions of Section 6125.2 of

this title.

B. The Insurance Commissioner shall approve a conversion from

trust-funded prepaid funeral benefits to insurance-funded prepaid

funeral benefits as safeguarding the rights and interests of the

individual who purchases the prepaid funeral benefits contract.

C. The Commissioner shall prescribe rules detailing the steps

necessary to complete the conversion of prepaid funeral benefit

contracts funded by a trust to prepaid funeral benefits contracts

funded by insurance.
Okla. Stat. tit. 36, § 36-3634.4 — OK Code / Title 36 / Section 36-3634.4
Prescription drug or device coverage – Uniform
Status: in_force

prescription drug information on card or technology.

A. 1. It is the intent of the Legislature to:

a. lessen waiting times of patients,

b. decrease administrative burdens for pharmacies, and

c. improve care to patients,

by minimizing confusion, eliminating unnecessary paperwork and

streamlining dispensing of prescription products paid for by third-

party payors.

2. This section shall be broadly applied and interpreted to

effectuate this purpose.

B. 1. Each health benefit plan that provides coverage for

prescription drugs or devices, or administers such a plan including,

but not limited to, third-party administrators for self-insured

plans, to the extent permitted by the Employee Retirement Income

Oklahoma Statutes - Title 36. Insurance Page 803

Security Act of 1974 (ERISA), and state-administered plans, or the

plan’s agents or contractors that issue a card or other technology

for prescription claims submission and adjudication, shall issue to

its insureds covered by such plan a card or other technology

containing uniform prescription drug information. Nothing in this

section shall require any health benefit plan, or the plan’s agents

or contractors to issue a separate card of other technology for

prescription coverage, provided that the card issued can accommodate

the information required by this section.

2. The uniform prescription drug information contained on the

insured’s card or other technology shall include the following

fields:

a. card issuer name or logo on the front of the card,

b. complete information for electronic claims routing

including:

(1) issuer identification number (IIN/BIN) labeled as

IIN or BIN,

(2) the Processor Control Number (PCN), labeled as

PCN, if required for proper routing of electronic

claim transactions for prescription benefits, and

(3) the group number, labeled as GRP, if required for

proper routing of electronic claim transactions

for prescription benefits,

c. card issuer identification,

d. card holder identification, which shall be displayed

on the front of the card,

e. card holder name, which shall be displayed on the

front of the card,

f. claims processor name and, if not filed

electronically, address, and

g. a help desk phone number that pharmacy providers may

call for pharmacy benefit claims assistance.

C. 1. The new uniform prescription drug information contained

on the insured’s card or other technology, as required by subsection

B of this section, shall be issued by a health benefit plan or the

plan’s administrators, agents or contractors upon enrollment, and

reissued within a reasonable time upon any change in the coverage of

the insured person that impacts data contained on the card.

2. Newly issued cards or technology shall be updated with the

latest coverage information.

D. As used in this section, "health benefit plan" means an

accident and health insurance policy or certificate, a nonprofit

hospital or medical service corporation contract, a health

maintenance organization subscriber contract, a plan provided by a

multiple employer welfare arrangement, or a plan provided by another

benefit arrangement, to the extent permitted by ERISA of 1974, as

amended, or by any waiver of or other exception to that act provided

Oklahoma Statutes - Title 36. Insurance Page 804

under federal law or regulation. The term "health benefit plan"

shall not include the following types of insurance:

1. Accident;

2. Credit;

3. Disability income;

4. Long-term or nursing home care;

5. Specified disease;

6. Dental or vision;

7. Coverage issued as a supplement to liability insurance;

8. Medical payments under automobile or homeowners;

9. Insurance under which benefits are payable with or without

regard to fault and this is statutorily required to be contained in

any liability policy or equivalent self-insurance;

10. Health benefit plans that participate or contract with the

Oklahoma Health Care Authority as the state Medicaid agency; and

11. Hospital income or indemnity.

E. The provisions of this section shall apply to health benefit

plans that are delivered, issued for delivery, or renewed on and

after January 1, 2004.

F. 1. Enforcement of the provisions of this section shall be

the responsibility of the Insurance Commissioner.

2. The Insurance Commissioner shall promulgate rules necessary

to effectuate the provisions of this section.

3. The Insurance Commissioner shall take action or impose

appropriate penalties to bring noncomplying entities into full

compliance with the provisions of this section.
Okla. Stat. tit. 36, § 36-6750 — OK Code / Title 36 / Section 36-6750
Short title
Status: in_force

This act shall be known and may be cited as the “Oklahoma Home

Service Contract Act”.
Okla. Stat. tit. 36, § 36-7202 — OK Code / Title 36 / Section 36-7202
Health Carrier Access Payment Revolving Fund
Status: in_force

A. There is hereby created a mechanism of funding through

health carrier access payments, as defined in Section 7201 of this

title, in order to stabilize the state's Medicaid program.

B. There is hereby created in the State Treasury a revolving

fund for the Oklahoma Health Care Authority to be designated the

"Health Carrier Access Payment Revolving Fund". The revolving fund

shall be used to fund the state's Medicaid program and make full use

of any federal matching funds available to the state.

1. The revolving fund shall consist of all monies collected and

received by the Insurance Commissioner pursuant to Sections 7203 and

7204 of this title, which shall be deposited by the Insurance

Commissioner into the revolving fund, as well as interest

attributable to investment of money in the fund.

2. The revolving fund shall be a continuing fund, not subject

to fiscal year limitations. All monies accruing to the credit of

Oklahoma Statutes - Title 36. Insurance Page 1500

said fund are hereby appropriated and may be budgeted and expended

by the Oklahoma Health Care Authority. Expenditures from the

revolving fund shall be made pursuant to the laws of this state and

the statutes relating to the state's Medicaid program. Expenditures

from the revolving fund shall be made upon warrants issued by the

State Treasurer, based on claims filed as prescribed by law with the

Director of the Office of Management and Enterprise Services for

approval and payment.

C. All monies collected under Sections 7203 and 7204 of this

title shall be used and expended by the Oklahoma Health Care

Authority for the support of the state's Medicaid program and make

full use of any federal matching funds available to the state.

D. The Oklahoma Health Care Authority is hereby authorized to

transfer funds from the Health Carrier Access Payment Revolving Fund

to the 340 CMIA Programs Disbursing Fund administered by the

Oklahoma Health Care Authority for the purpose of carrying out the

provisions of this act.

E. No monies collected from health carriers as access payments

shall be expended for any wage or salary of any employee of any

state agency and shall not provide any general or administrative

funding for the state or any of its agencies, except for reasonable

expenses incurred by the Insurance Commissioner for the express

purpose of collecting the funds and by the Oklahoma Health Care

Authority for the express purposes and administration of the fund.
Okla. Stat. tit. 36, § 36-6818 — OK Code / Title 36 / Section 36-6818
Designation of or contract with organization to serve as
Status: in_force

statistical agent.

Oklahoma Statutes - Title 36. Insurance Page 1373

The Insurance Commissioner may designate or contract with a

qualified organization to serve as the statistical agent for the

Commissioner to analyze the information provided pursuant to

Sections 12 and 13 of this act.
Okla. Stat. tit. 36, § 36-6470.22 — OK Code / Title 36 / Section 36-6470.22
Exemptions for special purpose captive insurance
Status: in_force

companies.

The Insurance Commissioner may, by rule, regulation, or order,

exempt special purpose captive insurance companies, on a case-by-

case basis, from provisions of the Oklahoma Insurance Code, Oklahoma

Captive Insurance Company Act and any rule or regulation established

under either that he or she determines to be inappropriate to apply

to such companies given the nature of the risks to be insured.
Okla. Stat. tit. 36, § 36-1253 — OK Code / Title 36 / Section 36-1253
Renumbered as § 1250.4 of this title by Laws 1994, c
Status: in_force

342, § 20, eff. Sept. 1, 1994.
Okla. Stat. tit. 36, § 36-2403 — OK Code / Title 36 / Section 36-2403
Associations carried on for benefit of members -
Status: in_force

Provision of benefits - Application of other laws.

A. Associations, companies or corporations organized as mutual

benefit associations shall be carried on for the benefit of their

members or their beneficiaries and not for profit, and shall make

provisions for the payment of benefits in case of death and make

provision for payment of benefits in case of permanent physical

disability, as a result of accident, or old age, provided that the

period of life at which the payment of physical disability benefits

on account of old age is to commence, shall not be under seventy

(70) years, all subject to compliance by its members with its

constitution and bylaws. The funds from which the expenses,

benefits, aids and other charges of such associations shall be

defrayed shall be derived from assessments and dues collected from

its members, provided that such association may if so stipulated in

its bylaws as they now exist or as they may be hereafter amended,

make provision for the payment of old age benefits at age seventy

(70) or more, regardless of disability by levying special old age

benefit assessments, beginning at an age of not less than fifty (50)

years, in such sum and at such times as the association may

determine to be necessary to provide an old age benefit fund

sufficient to meet the promised old age benefit when the same

matures, but such fund shall be separately maintained and used for

no other purpose. The payment of death benefits shall be confined

to wife, husband, relative by blood or marriage, children by legal

adoption, to a person or persons dependent upon the member, or to

his or her estate; provided, that if after the issuance of the

original certificate the member shall become dependent upon a

charitable institution, he or she shall have the privilege, with the

consent of such association, to make such institution his or her

beneficiary. Within the above restrictions each member shall have

the right to designate his or her beneficiary, and, from time to

time, have the same changed in accordance with the laws, rules and

regulations of the association and no beneficiary shall have or

obtain any vested interest in any death benefit until the same has

become due and payable upon the death of said member; provided, that

any association may, by its laws, further limit the scope of

beneficiaries with the above classes. And such association may

create, maintain, disburse, and apply reserve or emergency funds in

accordance with its constitution and bylaws. The term "mutual

benefit association" whenever used in any law of this state shall be

construed to mean association such as is defined by this section.

B. The provisions of this article apply only to mutual benefit

associations and such associations shall be governed by this article

to the extent provided herein. Such associations shall be exempt

from all other provisions of the insurance laws of this state except

Oklahoma Statutes - Title 36. Insurance Page 664

that the provisions of Articles 1 (Scope of Title), 3 (Insurance

Department and Insurance Commissioner), 12 (Unfair Practices and

Frauds), 16 (Investments), 17 (Administration of Deposits), 18

(Rehabilitation and Liquidation), 44 (Individual Accident and Health

Insurance) and Sections 4002, 4024, 4028 and 4029 of Article 40

(Life Insurance and Annuities) shall apply to such associations to

the extent that such provisions are not in conflict with the

provisions of this article. No law relating to insurance hereafter

enacted shall apply to such associations unless they be expressly

designated therein.
Okla. Stat. tit. 36, § 36-702 — OK Code / Title 36 / Section 36-702
"Life insurance" defined
Status: in_force

"Life insurance" is insurance on human lives and insurance

appertaining thereto or connected therewith. The transacting of

life insurance includes the granting of endowment benefits,

additional benefits in the event of death or dismemberment by

accident or accidental means, additional benefits in the event of

Oklahoma Statutes - Title 36. Insurance Page 190

the disability of the insured, optional modes of settlement of

proceeds of life insurance, and additional benefits providing

acceleration of life or endowment or annuity benefits in advance of

the time they would otherwise be payable, as an indemnity for long-

term care which is certified or ordered by a physician, including

but not limited to, professional nursing care, medical care

expenses, custodial nursing care, nonnursing custodial care provided

in a nursing home or at a residence of the insured or providing such

acceleration upon the occurrence of a castastrophic disease or

diseases as designated and defined by the policy. An insurer

authorized to transact life insurance may also grant annuities.
Okla. Stat. tit. 36, § 36-2125 — OK Code / Title 36 / Section 36-2125
Borrowed surplus
Status: in_force

A. A domestic stock or mutual insurer may borrow money to

defray the expenses of its organization, provide it with surplus

funds, or for any purpose required by its business, upon a written

agreement that such money is required to be repaid only out of the

insurer's surplus in excess of that stipulated in such agreement.

The form of the agreement must be submitted for approval to

theCommissioner to assure it is consistent with the requirements of

this section. If such agreement is not approved or disapproved by

the Commissioner within fifteen (15) days after the date of its

filing, it shall be deemed approved. The agreement may provide for

interest at the rate agreed upon, but not exceeding a rate of

interest approved by the Insurance Commissioner, which interest

shall or shall not constitute a liability of the insurer as to its

funds other than such excess of surplus, as stipulated in the

agreement. Repayment of such loan shall not be made unless it is

approved in advance by the Commissioner. Such repayment shall be

deemed approved unless within fifteen (15) days after the date of

such filing the insurer is notified in writing of the Commissioner's

disapproval and the reasons therefor.

B. Money so borrowed, together with the interest thereon if so

stipulated in the agreement, shall not form a part of the insurer's

legal liabilities except as to its surplus in excess of the amount

thereof stipulated in the agreement, or be the basis of any setoff;

but until repaid, financial statements filed or published by the

insurer shall show as a footnote thereto the amount thereof then

unpaid together with any interest thereon accrued but unpaid.

C. If a domestic mutual insurer, the insurer in advance of any

such loan shall file with the Insurance Commissioner a statement of

the purposes of the loan and a copy of the proposed loan agreement,

which shall be subject to the approval of the Commissioner. The

loan and agreement shall be deemed approved unless within fifteen

(15) days after date of such filing the insurer is notified in

writing of the Commissioner's disapproval and the reasons therefor.

The Commissioner shall so disapprove any such proposed loan or

agreement if he finds that the loan is reasonably unnecessary or

excessive for the purpose intended, or that the terms of the loan

agreement are not fair and equitable to the parties, and to other

similar lenders, if any, to the insurer, or that the information so

filed by the insurer is inadequate, specifying the respects in which

it is so inadequate.

D. Any such loan to a mutual insurer or substantial portion

thereof shall be repaid by the insurer out of earned surplus when no

longer reasonably necessary for the purpose originally intended. No

repayment of such a loan shall be made by a mutual insurer unless in

advance approved by the Commissioner.

Oklahoma Statutes - Title 36. Insurance Page 633

E. This section shall not apply to loans obtained by the

insurer in ordinary course of business from banks and other

financial institutions, nor to loans secured by pledge of assets.
Okla. Stat. tit. 36, § 36-6909 — OK Code / Title 36 / Section 36-6909
Reports and statements
Status: in_force

A. Every health maintenance organization shall annually, on or

before the first day of March, file a report verified by at least

two principal officers with the Insurance Commissioner covering the

preceding calendar year. The report shall be on forms and shall

include all forms prescribed by the National Association of

Insurance Commissioners (NAIC). The report shall be filed with the

NAIC in electronic format, as approved by the NAIC, along with

applicable fees. In addition, the health maintenance organization

shall file with the Insurance Commissioner via electronic format and

a paper copy by the first day of March, unless otherwise stated:

1. Audited financial statements on or before June 1;

2. An actuarial opinion prepared and signed by a qualified

actuary;

3. A list of the providers who have executed a contract that

complies with the provisions of paragraph 1 of subsection D of

Section 13 of this act; and

4. a. a description of the grievance procedures, and

b. the total number of grievances handled through these

procedures, a compilation of the causes underlying

those grievances, and a summary of the final

disposition of those grievances.

B. Domestic health maintenance organizations shall file

quarterly financial statements with the Insurance Commissioner on or

before the forty-fifth day following the end of each calendar

quarter other than the fourth quarter of each year. The report

shall be on forms and shall include all forms prescribed by the

NAIC. The report shall be filed with the NAIC in electronic format,

as approved by the NAIC, along with applicable fees.

C. The Insurance Commissioner may require additional reports

deemed necessary and appropriate to enable the Insurance

Commissioner to carry out his or her duties under this act.
Okla. Stat. tit. 36, § 36-6148 — OK Code / Title 36 / Section 36-6148
Policy for membership coverage
Status: in_force

A. Every member in a prepaid dental plan shall be issued a

membership coverage policy by the prepaid dental plan organization.

Oklahoma Statutes - Title 36. Insurance Page 1156

B. No policy for membership coverage or amendment to said

policy shall be issued or delivered to any person in this state

until a copy of the policy for membership coverage or amendment to

said policy has been filed with and approved by the Commissioner.

C. A policy for membership coverage shall contain a statement

of:

1. The prepaid dental services or other benefits to which the

member is entitled under the prepaid dental plan; and

2. Any limitations of the services or benefits to be provided,

including any deductible or co-payment feature; and

3. Information as to how services may be obtained; and

4. The obligation of the member for charges for the prepaid

dental plan.

D. Any member in a prepaid dental plan shall be free to select

any licensed dental practitioner to provide dental services and

prepayment or reimbursement determinations shall be made without

regard to whether the provider is a participating or

nonparticipating member of the plan. This provision shall be

printed on the policy for membership coverage.

E. Membership coverage shall contain no provisions or

statements which are unjust, unfair, untrue, inequitable,

misleading, deceptive, or which encourage misrepresentation as

determined by the Commissioner.

F. The Commissioner shall approve any policy of membership

coverage if the requirements of this section are complied with and

the prepaid dental plan, in the judgment of the Commissioner, is

able to meet its financial obligations for the membership coverage.

It shall be unlawful for a prepaid dental plan organization to issue

a policy until approved. If the Commissioner does not disapprove

any such policy within thirty (30) days after filing, said policy

shall be deemed approved. If the Commissioner disapproves a policy

of membership coverage, the Commissioner shall notify the prepaid

dental plan organization, specifying the reasons for disapproval.

The Commissioner shall grant a hearing on such disapproval within

thirty (30) days after a request in writing for a hearing is

received by the Commissioner from the prepaid dental plan

organization.
Okla. Stat. tit. 36, § 36-4429 — OK Code / Title 36 / Section 36-4429
Suitability standards
Status: in_force

A. 1. This section shall not apply to life insurance policies

or riders containing accelerated long-term care benefits.

2. For certificates issued on or after the effective date of

this act, under a group long-term care insurance policy as defined

in Section 4424 of Title 36 of the Oklahoma Statutes, which policy

was in force at the time this act became effective, the provisions

of this section shall not apply.

B. Every provider of long-term care insurance shall:

1. Develop and use suitability standards to determine whether

the purchase or replacement of long-term care insurance is

appropriate for the needs of the applicant;

2. Train its agents in the use of its suitability standards;

and

3. Maintain a copy of its suitability standards and make them

available for inspection upon request by the Insurance Commissioner.

Oklahoma Statutes - Title 36. Insurance Page 976

C. 1. To determine whether the applicant meets the standards

developed by the provider, the agent and provider shall develop

procedures that take the following into consideration:

a. the ability to pay for the proposed coverage and other

pertinent financial information related to the

purchase of the coverage,

b. the applicant's goals or needs with respect to long-

term care and the advantages and disadvantages of

insurance to meet these goals or needs, and

c. the values, benefits and costs of the applicant's

existing insurance, if any, when compared to the

values, benefits and costs of the recommended purchase

or replacement.

2. The provider and, where an agent is involved, the agent

shall make reasonable efforts to obtain the information set out in

paragraph 1 of this subsection. The efforts shall include, at or

prior to application, providing the applicant with a personal

worksheet and a disclosure form which have been prescribed by the

Commissioner and are consistent with the National Association of

Insurance Commissioners (NAIC) Long-Term Care Insurance Model

Regulation.

3. A completed personal worksheet shall be returned to the

provider prior to the provider's consideration of the applicant for

coverage, except that the personal worksheet need not be returned

for sales of employer group long-term care insurance to employees

and their spouses.

4. The sale or dissemination outside the company or agency by

the provider or agent of information obtained through the personal

worksheet is prohibited.

D. The provider shall use the suitability standards it has

developed pursuant to this section and information furnished by the

applicant in determining whether issuing long-term care insurance

coverage to an applicant is appropriate.
Okla. Stat. tit. 36, § 36-660.13 — OK Code / Title 36 / Section 36-660.13
Foreign mutual insurance company — Reorganization
Status: in_force

requirements.

A. On the approval of the Oklahoma Insurance Commissioner, a

foreign mutual insurance company may reorganize in compliance with

the requirements of any law or regulation applicable to the foreign

mutual insurance company by:

1. Transferring its members' membership interests into a mutual

holding company formed under a procedure analogous to that described

by this act; and

2. Continuing the corporate existence of the reorganizing

foreign mutual insurance company as a foreign stock insurance

company subsidiary of the mutual holding company.

B. The reorganizing foreign mutual insurance company may remain

a foreign company and may be admitted to do business in this state.

A foreign mutual insurance company may also redomesticate in this

state by complying with the applicable requirements of Section 606.1

of Title 36 of the Oklahoma Statutes.
Okla. Stat. tit. 36, § 36-6570.6 — OK Code / Title 36 / Section 36-6570.6
Time frame to make prior authorization or adverse
Status: in_force

determination.

A. If a utilization review entity requires prior authorization

of a health care service, the utilization review entity must make a

prior authorization or adverse determination and notify the enrollee

and the enrollee's health care provider of the prior authorization

or adverse determination in accordance with the time frames set

forth below:

Oklahoma Statutes - Title 36. Insurance Page 1312

1. For purposes of approving prior authorization for urgent

health care services, within seventy-two (72) hours of obtaining all

necessary information to make the prior authorization or adverse

determination; or

2. For purposes of approving prior authorization for non-urgent

health care services, within seven (7) days of obtaining all

necessary information to make the prior authorization or adverse

determination.

For purposes of this section, "necessary information" includes,

but is not limited to, the results of any face-to-face clinical

evaluation or second opinion that may be required.

B. For those health care providers that submit all necessary

information through the utilization review entity's authorized prior

authorization system, health care services are deemed authorized if

a utilization review entity fails to comply with the deadlines set

forth in this section.

C. In the notification to the health care provider that a prior

authorization has been approved, the utilization review entity shall

include in such notification the duration of the prior authorization

or the date by which the prior authorization will expire.
Okla. Stat. tit. 36, § 36-1935 — OK Code / Title 36 / Section 36-1935
Judgment upon the assessment
Status: in_force

A. Upon the return day of the order to show cause provided for

in section 1833 of this article, if the member or subscriber does

not appear and serve duly verified objections upon the Insurance

Commissioner, the court shall make and order adjudging that such

member or subscriber is liable for the amount of the assessment

against him, together with costs, and that the Insurance

Oklahoma Statutes - Title 36. Insurance Page 564

Commissioner may have judgment against the member or subscriber

therefor.

B. If, on such return day, the member or subscriber shall

appear and serve duly verified objections upon the Insurance

Commissioner, there shall be a full hearing before the court which,

after such hearing, shall make such order as the facts shall

warrant.

C. Any such order shall have the same force and effect, shall

be entered and docketed and may be appealed from, as if it were a

judgment in an original action brought in the court in which the

proceeding is pending.
Okla. Stat. tit. 36, § 36-6470.11 — OK Code / Title 36 / Section 36-6470.11
Reports - Waiver
Status: in_force

A. A captive insurance company may not be required to make an

annual report except as provided in the Oklahoma Captive Insurance

Company Act.

B. Before March 1 of each year, a captive insurance company

shall submit to the Insurance Commissioner a report of its financial

condition, verified by oath of two of its executive officers.

Except as provided in Section 6470.6 of this title, a captive

insurance company shall report using generally accepted accounting

principles, unless the Insurance Commissioner approves the use of

statutory accounting principles or international accounting

standards, with useful or necessary modifications or adaptations

required or approved or accepted by the Insurance Commissioner for

the type of insurance and kinds of insurers to be reported upon, and

as supplemented by additional information required by the Insurance

Commissioner.

1. The use of generally accepted accounting principles and the

Insurance Department requires modifications, assets and liabilities

to be reported as follows:

a. letters of credit provided as capital funds pursuant

to Section 6470 of this title are an asset for

purposes of annual financial statement filings and

shall be reported at their face value, and

Oklahoma Statutes - Title 36. Insurance Page 1220

b. surplus notes issued pursuant to Section 2125 of this

title shall be reported as surplus items in the

capital section rather than as a liability.

2. Any captive insurance company whose use of statutory

accounting principles is approved by the Commissioner may make such

modifications and adaptations thereof as are necessary:

a. to record, as "admitted", the full value of all

investments by such captive insurance company

permitted under this chapter, and

b. subject to the Commissioner's approval, to make its

reports under this section consistent with the

purposes of this chapter.

C. A pure captive insurance company may make written

application for filing the required report on a fiscal year-end that

is consistent with the fiscal year of the parent company. If an

alternative reporting date is granted:

1. The annual report is due sixty (60) days after the fiscal

year-end; and

2. In order to provide sufficient detail to support the premium

tax return, the pure captive insurance company shall file before

March 1 of each year for each calendar year-end, pages 1 through 7

of the "Captive Annual Statement: Pure or Industrial Insured",

verified by oath of two of its executive officers.

D. Sixty (60) days after the fiscal year-end, a branch captive

insurance company shall file with the Insurance Commissioner a copy

of all reports and statements required to be filed under the laws of

the jurisdiction in which the alien captive insurance company is

formed, verified by oath of two of its executive officers. If the

Insurance Commissioner is satisfied that the annual report filed by

the alien captive insurance company in its domiciliary jurisdiction

provides adequate information concerning the financial condition of

the alien captive insurance company, the Insurance Commissioner may

waive the requirement for completion of the captive annual statement

for business written in the alien jurisdiction. Such waiver must be

in writing and subject to public inspection.
Okla. Stat. tit. 36, § 36-1514 — OK Code / Title 36 / Section 36-1514
Valuation of purchase money mortgages
Status: in_force

Purchase money mortgages on real property referred to in

subsection A of Section 1513 of this article shall be valued in an

amount not exceeding the acquisition cost of the real property

covered thereby or ninety percent (90%) of the fair value of such

real property, whichever is less.
Okla. Stat. tit. 36, § 36-2008 — OK Code / Title 36 / Section 36-2008
Plan of operation and amendments
Status: in_force

A. The Oklahoma Property and Casualty Insurance Guaranty

Association shall submit to the Commissioner a plan of operation and

any amendments thereto necessary or suitable to assure the fair,

reasonable and equitable administration of the Association. The

plan of operation and any amendments thereto shall become effective

upon approval in writing by the Commissioner.

B. If the Association fails to submit a suitable plan of

operation within ninety (90) days following June 27, 1980, or if at

any time thereafter the Association fails to submit suitable

amendments to the plan, the Commissioner shall, after notice and

hearing, adopt and promulgate reasonable rules as are necessary or

advisable to effectuate the provisions of Section 2001 et seq. of

this title. Any rules promulgated shall continue in force until

modified by the Commissioner or superseded by a plan submitted by

the Association and approved by the Commissioner. All member

insurers shall comply with the plan of operation.

C. The plan of operation shall:

1. Establish the procedures whereby all the powers and duties

of the Association under this act will be performed;

2. Establish procedures for handling assets of the Association;

3. Require the amount and method of reimbursing members of the

board of directors under Section 2006 of this title;

4. Establish procedures by which claims may be filed with the

Association and establish acceptable forms of proof of covered

claims;

5. Establish regular places and times for meetings of the board

of directors;

6. Require that the written procedures be established for

records to be kept of all financial transactions of the Association,

its agents and the board of directors;

7. Provide that any member insurer aggrieved by any final

action or decision of the Association may appeal to the Commissioner

within thirty (30) days after the action or decision;

Oklahoma Statutes - Title 36. Insurance Page 582

8. Establish the procedures whereby selections for the board of

directors will be submitted to the Commissioner; and

9. Contain additional provisions necessary or proper for the

execution of the powers and duties of the Association.

D. The plan of operation may provide that any or all powers and

duties of the Association, except those under paragraph 3 of

subsection A and paragraph 2 of subsection B of Section 2007 of this

title, are delegated to a corporation, association or other

organization which performs or will perform functions similar to

those of this Association, or its equivalent. The corporation,

association or organization shall be reimbursed as a servicing

facility would be reimbursed and shall be paid for its performance

of any other functions of the Association. A delegation under this

subsection shall take effect only with the approval of both the

board of directors and the Commissioner, and may be made only to a

corporation, association or organization which extends protection

not substantially less favorable and effective than that provided by

Section 2001 et seq. of this title.
Okla. Stat. tit. 36, § 36-3008 — OK Code / Title 36 / Section 36-3008
Liability of additional or substituted underwriters;
Status: in_force

authority of deputy, substitute or successor attorney.

Additional or substituted underwriters shall be bound in the

same manner and to the same extent as original subscribers to the

articles of agreement and power of attorney on file with the

Insurance Commissioner; and the acts of the duly-appointed deputy,

substitute or successor attorney or any attorney or attorneys

licensed under this chapter, accepting powers of attorney from

underwriters, and in making and issuing policies and contracts of

insurance, and in doing any additional acts incident thereto, shall

be deemed authorized by the license issued to the original attorney

or attorneys.
Okla. Stat. tit. 36, § 36-6060.40 — OK Code / Title 36 / Section 36-6060.40
Short title - Oklahoma Right to Shop Act
Status: in_force

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

to Shop Act".
Okla. Stat. tit. 36, § 36-1146 — OK Code / Title 36 / Section 36-1146
Withholding or providing false or fraudulent information
Status: in_force

- Prohibition - Punishment.

A. No person shall willfully withhold information from, or

knowingly give false or misleading information to, the Insurance

Commissioner, or any advisory organization designated by the

Commissioner, which will affect the rates or premiums chargeable

under this act.

B. A person convicted of violating this section shall be guilty

of a felony and, upon conviction, shall be punished by a fine of not

less than One Thousand Dollars ($1,000.00) nor more than Ten

Oklahoma Statutes - Title 36. Insurance Page 267

Thousand Dollars ($10,000.00), or by imprisonment of not more than

three (3) years or by both such fine and imprisonment.
Okla. Stat. tit. 36, § 36-986 — OK Code / Title 36 / Section 36-986
Rate administration
Status: in_force

Rate Administration.

A. In only those markets found to be noncompetitive pursuant to

Section 984 of this title, insurers and advisory organizations shall

file with the Commissioner and the Commissioner shall review

reasonable rules and plans for recording and reporting their rates,

loss and expense experience and other information determined by the

Commissioner to be necessary or appropriate for the administration

of the Property and Casualty Competitive Loss Cost Rating Act. The

Commissioner may designate one or more advisory organizations or

other agencies to assist in gathering such experience and making

compilation thereof.

B. Reasonable rules and plans may be promulgated by the

Commissioner for the exchange of data necessary for the development

and application of rating plans.

C. In order to further uniform administration of rate

regulatory laws, the Commissioner and every insurer and advisory

organization may exchange information and experience data with

insurance supervisory officials, insurers and advisory organizations

in other states and may consult with them with respect to the

application of rating systems.

D. Cooperation among advisory organizations or among advisory

organizations and insurers in ratemaking or in other matters within

the scope of the Property and Casualty Competitive Loss Cost Rating

Act is authorized. The Commissioner may review such cooperative

activities and practices, and if, after a hearing, any such activity

or practice is found to violate the provisions of the Property and

Casualty Competitive Loss Cost Rating Act, a written order may be

issued specifying that such activity or practice violates the

provisions of this act and requiring the discontinuance of such

activity.
Okla. Stat. tit. 36, § 36-6716 — OK Code / Title 36 / Section 36-6716
Application of Unfair Trade Practices Act
Status: in_force

A. All persons offering travel insurance to residents of this

state are subject to the Unfair Trade Practices Act pursuant to

Sections 1201 through 1219 of this title, except as otherwise

provided in this section. In the event of a conflict between the

Travel Insurance Act and other provisions of this title regarding

the sale and marketing of travel insurance and travel protection

plans, the provisions of the Travel Insurance Act shall control.

B. Offering or selling a travel insurance policy that could

never result in payment of any claims for any insured under the

policy is an unfair trade practice under Section 1203 of this title.

C. Marketing.

1. All documents provided to consumers prior to the purchase of

travel insurance including, but not limited to, sales materials,

advertising materials and marketing materials, shall be consistent

with the travel insurance policy including, but not limited to,

forms, endorsements, policies, rate filings and certificates of

insurance.

2. For travel insurance policies or certificates that contain

pre-existing condition exclusions, information about the pre-

existing condition exclusions shall be provided prior to the time of

purchase and shall be in the fulfillment materials of the coverage.

3. The fulfillment materials and the information described in

paragraph 1 of subsection B of Section 6713 of this title shall be

provided to a policyholder or certificate holder as soon as

practicable following the purchase of a travel protection plan.

Unless the insured has either started a covered trip or filed a

claim under the travel insurance coverage, a policyholder or

Oklahoma Statutes - Title 36. Insurance Page 1353

certificate holder may cancel a policy or certificate for a full

refund of the travel protection plan price from the date of purchase

of the travel protection plan until at least:

a. fifteen (15) days following the date of delivery by

mail of the fulfillment materials of the travel

protection plan, or

b. ten (10) days following the date of delivery by other

means of the fulfillment materials of the travel

protection plan.

4. The company shall disclose in the policy documentation and

fulfillment materials whether the travel insurance is primary or

secondary to other applicable coverage.

5. Where travel insurance is marketed directly to a consumer

through a website of the insurer or by others through an aggregator

site, it shall not be an unfair trade practice or other violation of

law where an accurate summary or short description of coverage is

provided on the web page, so long as the consumer has access to the

full provisions of the policy through electronic means.

D. A person offering, soliciting or negotiating travel

insurance or travel protection plans on an individual or group basis

shall not use negative option or opt-out, which would require a

consumer to take an affirmative action to deselect coverage such as

unchecking a box on an electronic form when the consumer purchases a

trip.

E. It shall be an unfair trade practice to market blanket

travel insurance coverage as free.

F. Where the destination jurisdiction of the consumer requires

insurance coverage, it shall not be an unfair trade practice to

require that the consumer choose between the following options as a

condition of purchasing a trip or travel package:

1. Purchasing the coverage required by the destination

jurisdiction through the travel retailer or limited lines travel

insurance producer supplying the trip or travel package; or

2. Agreeing to obtain and provide proof of coverage that meets

the requirements of the destination jurisdiction prior to departure.
Okla. Stat. tit. 36, § 36-6050.2 — OK Code / Title 36 / Section 36-6050.2
Definitions
Status: in_force

As used in the Out-of-Network Ambulance Service Provider Act:

1. “Ambulance service provider” means an ambulance service as

defined by Section 1-2503 of Title 63 of the Oklahoma Statutes

Oklahoma Statutes - Title 36. Insurance Page 1065

except that, for the purposes of this act, the term shall be limited

to an ambulance service provider that provides ground transportation

services;

2. “Covered ambulance services” means those ground ambulance

services which an enrollee is entitled to receive under the terms of

a health care benefit plan;

3. “Enrollee” means a person who is entitled to receive covered

ambulance services under the terms of a health care benefit plan;

4. “Health care benefit plan” means a plan, policy, contract,

certificate, agreement, or other evidence of coverage for health

care services offered, issued, renewed, or extended in this state by

a health care insurer, or government-sponsored self-insured plans.

Health care benefit plan does not include any health plan offered by

a contracted entity as defined in Section 4002.2 of Title 56 of the

Oklahoma Statutes that provides coverage to members of the state

Medicaid program;

5. “Health care insurer” means an entity that is subject to

state insurance regulation and provides coverage for health benefits

in this state and includes the following:

a. an insurance company,

b. a health maintenance organization,

c. a hospital and medical service corporation,

d. a risk-based provider organization, or

e. a sponsor or self-funded plan.

Health care insurer does not include a contracted entity as defined

in Section 4002.2 of Title 56 of the Oklahoma Statutes that provides

coverage to members of the state Medicaid program;

6. “Out-of-network” means a provider that does not contract

with the health care insurer of the enrollee receiving the covered

ambulance services; and

7. “Clean claim” means a claim that has no defect of

impropriety, including any lack of required substantiating

documentation or particular circumstances requiring special

treatment that prevents timely payment from being made on the claim.
Okla. Stat. tit. 36, § 36-1141 — OK Code / Title 36 / Section 36-1141
Prohibited conduct
Status: in_force

A. No advisory organization shall:

1. Attempt to monopolize, or combine or conspire with any

person or persons to monopolize, an insurance market;

2. Engage in a boycott, on a concerted basis, of an insurance

market; and

3. Except as set forth in subsection B of this section, agree

to mandate adherence to or to mandate use of any rate, prospective

loss cost, rating plan, rating schedule, rating rule, policy or bond

form, rate classification, rate territory, underwriting rule,

survey, inspection or similar material. Insurers and advisory

organizations may agree to develop and adhere to statistical plans

permitted by the applicable provisions of the Oklahoma Insurance

Code.

B. Except as specifically permitted under the applicable

provisions of the Insurance Code, no advisory organization shall

compile or distribute recommendations relating to rates that include

expenses, other than loss adjustment expenses or loss-based taxes

and assessments, or profit.
Okla. Stat. tit. 36, § 36-1619 — OK Code / Title 36 / Section 36-1619
Policy loans
Status: in_force

A life insurer may lend to its policyholder upon pledge of the

policy as collateral security a sum not exceeding the applicable

cash surrender value specified in the policy.
Okla. Stat. tit. 36, § 36-2022 — OK Code / Title 36 / Section 36-2022
Purpose of act
Status: in_force

A. The purpose of the Oklahoma Life and Health Insurance

Guaranty Association Act is to protect, subject to certain

limitations, the persons specified in subsection A of Section 2025

of this title, against failure in the performance of contractual

obligations, under life, health, and annuity policies, plans or

contracts specified in subsection B of Section 2025 of this title,

because of the impairment or insolvency of the member insurer that

issued the policies, plans or contracts.

B. To provide this protection, an association of member

insurers has been created and exists to pay benefits and to continue

coverages as limited in this act, and members of the Association are

subject to assessment to provide funds to carry out the purposes of

this act.
Okla. Stat. tit. 36, § 36-6156 — OK Code / Title 36 / Section 36-6156
Advertising or sales material
Status: in_force

A. No advertising or sales material relating to a prepaid

dental plan organization shall be issued or delivered to any person

in this state until a copy of said material has been filed with and

approved by the Commissioner. Within thirty (30) days after

submission of said advertising or sales material, the Commissioner

shall either approve the advertising or sales material, or shall

disapprove it should he determine that in whole or in part said

material is false, deceptive, or misleading. If the Commissioner

disapproves any advertising or sales material he shall give written

notification to the person who submitted the material. Thereafter,

such advertising or sales material shall not be used by any person.

Violation of the provisions of this subsection shall entitle the

Commissioner in his discretion and without additional cause to

withdraw approval of any membership coverage with respect to which

said advertising or sales material is used.

B. Offers to sell prepaid dental insurance by advertising or

publication of material by prepaid dental plan organizations or

anyone acting on behalf of the organization to inform members and

Oklahoma Statutes - Title 36. Insurance Page 1160

potential members of the plan as to the coverage offered by the plan

and the operation of the organization shall not be a violation of

any provisions of law relating to solicitation of customers or

advertising by prepaid dental plan providers, if the advertising or

sales material:

1. is approved prior to use, by the Commissioner upon

determination by the Commissioner that the advertising or sales

material is not inaccurate, false, deceptive, or misleading; and

2. does not identify the providers of dental services nor

describe their professional qualifications, except upon the request

of the member or potential member; and

3. does not describe the professional experience or attainments

of providers of dental services individually or as a group, or

contain language that states, evaluates or lauds the professional

competence, skills or reputations of such providers; and

4. shall not cause any providers of dental services to violate

any professional ethics or laws prohibiting the solicitation of

patients.
Okla. Stat. tit. 36, § 36-2420 — OK Code / Title 36 / Section 36-2420
Policyholders; rights to purchase stock; sale of stock
Status: in_force

not purchased.

If such mutual benefit association be converted into a stock

legal reserve life insurance company each and every policyholder or

certificate holder shall have the exclusive right for thirty (30)

days after the conversion is approved at the policyholders' meeting

and the mailing of the notice thereof to purchase that proportion of

the total stock offered for sale as the amount of his insurance

bears to the association's total insurance in force at the time of

conversion. Any stock not purchased by the policyholders may then

be sold by the board of directors.
Okla. Stat. tit. 36, § 36-3307 — OK Code / Title 36 / Section 36-3307
ORSA Summary Report--Preparation--Supporting information-
Status: in_force

-Review.

A. The ORSA Summary Report shall be prepared consistent with

the ORSA Guidance Manual, subject to the requirements of subsection

B of this section. Documentation and supporting information shall

be maintained and made available upon examination or upon request of

the Insurance Commissioner.

Oklahoma Statutes - Title 36. Insurance Page 766

B. The review of the ORSA Summary Report and any additional

requests for information shall be made using similar procedures

currently used in the analysis and examination of multistate or

global insurers and insurance groups.
Okla. Stat. tit. 36, § 36-6470.24.1 — OK Code / Title 36 / Section 36-6470.24.1
Notice requirements
Status: in_force

No captive insurance company shall voluntarily take any of the

following actions without providing the Insurance Commissioner at

least thirty (30) days prior written notice and receiving the

Commissioner's approval of any such action:

1. The dissolution of the captive insurance company;

2. A sale, exchange, lease, mortgage, assignment, pledge or

other transfer of or granting of a security interest in, all or

substantially all of the assets of the captive insurance company;

3. Incurring a material indebtedness by the captive insurance

company;

4. Any making of a material loan or other material extension of

credit by the captive insurance company;

5. Any material payment out of capital and surplus;

6. Any merger or consolidation to which the captive insurance

company is a constituent party;

7. Any conversion of the captive insurance company to another

business form;

8. Any transfer to or domestication in any jurisdiction by the

captive insurance company; or

9. Any amendment of the organizational documents of the captive

insurance company.

For purposes of this section, "material", in relation to

financial matters, means any transaction or series of related

transactions involving more than the lesser of five percent (5%) of

the captive insurance company's assets or twenty-five percent (25%)

of its capital and surplus. "Assets" and "capital and surplus"

shall be measured as of the most recent filed report required by

Section 6470.11 of Title 36 of the Oklahoma Statutes.
Okla. Stat. tit. 36, § 36-2422 — OK Code / Title 36 / Section 36-2422
Creditors' rights; liens; contracts; pending suits
Status: in_force

The rights of creditors and all liens upon the property of the

former mutual benefit association shall be preserved unimpaired and

all debts, liabilities, contracts and duties of the former mutual

benefit association shall thenceforth attach to the reorganized and

converted organization, and such reorganized and converted

corporation shall be obligated to carry out and perform all of the

obligations of every kind and character owing by the former mutual

benefit association to the holders of its policies or certificates;

and said policies or certificates shall be administered in

accordance with the provisions of the law in force at the time said

policies were issued. Any pending suits wherein the former mutual

benefit association was a party shall be unaffected by the

conversion thereof, and shall be prosecuted by or against such

reorganized and converted corporation the same as if the conversion

had not taken place.
Okla. Stat. tit. 36, § 36-4011 — OK Code / Title 36 / Section 36-4011
Reinstatement
Status: in_force

There shall be a provision that unless the policy has been

surrendered for its cash surrender value or unless the paid-up term

insurance, if any, has expired, the policy will be reinstated at any

time within three (3) years from the date of premium default upon

written application therefor, the production of evidence of

insurability satisfactory to the insurer, the payment of all

premiums in arrears, with interest at a rate not exceeding six

Oklahoma Statutes - Title 36. Insurance Page 830

percent (6%) compounded annually, and the payment or reinstatement

of any other indebtedness to the insurer upon the policy, with

compound interest at the interest rate or rates which apply to

policy loans between the due date of the premium first in default

and the date of reinstatement.
Okla. Stat. tit. 36, § 36-2806 — OK Code / Title 36 / Section 36-2806
Bylaws; permit to do business
Status: in_force

Every such association shall adopt such bylaws not inconsistent

with the laws of this state and of the United States, which, in the

judgment of its members will best subserve the interests and

purposes of the association. The members of every such association

shall be held by the laws of this state to comply with all the

provisions and requirements of such bylaws, and the terms of their

policies of insurance shall be deemed to carry such bylaws, as a

part thereof and shall so specify. The bylaws shall contain a form

of certificate of insurance to be used. A copy of all bylaws

adopted, all amendments, and changes therein shall be filed with the

Insurance Commissioner, for his approval, before becoming effective,

together with a list of the members at the time of organization.

When such association has been duly organized and has adopted bylaws

in accordance herewith, the Insurance Commissioner shall issue his

certificate to that effect, whereupon such association may commence

business and grant insurance.
Okla. Stat. tit. 36, § 36-4212 — OK Code / Title 36 / Section 36-4212
Authority to alter contract
Status: in_force

There shall be a provision that no agent shall have the power or

authority to waive, change or alter any of the terms or conditions

of any policy, except that at the option of the insurer the terms or

conditions may be changed by an endorsement signed by a duly-

authorized officer of the insurer.
Okla. Stat. tit. 36, § 36-4523 — OK Code / Title 36 / Section 36-4523
Each group to be nonprofit corporation – Size
Status: in_force

requirements – Purchase contracts – Enrollment by eligible employees

– Filing of reports.

A. Each Health Insurance Purchasing Group (HIPG) shall be a

nonprofit corporation operated under the direction of a board of

directors, which is composed of five (5) representatives of eligible

employers.

B. Each HIPG shall be composed of at least two hundred eligible

employees from one or more eligible employers.

1. A HIPG shall have twelve (12) months from the time of

formation to reach the level of two hundred eligible employees.

Oklahoma Statutes - Title 36. Insurance Page 995

2. At the time of formation, the HIPG shall have at least

fifty-one eligible employees.

C. Upon the failure of a HIPG to maintain the required size

restrictions described in subsection B of this section, the HIPG

shall notify the Commissioner in writing that the HIPG does not

comply with the size requirements. The HIPG may then continue to

operate the health benefit plan for its members but shall within

sixty (60) calendar days comply with the size requirements of this

section, or within a time period as determined by the Commissioner.

D. Upon the failure of the HIPG to maintain size requirements

as required under subsection C of this section, after sixty (60)

calendar days, or after the time period determined by the

Commissioner, the HIPG may then be terminated following notice and

hearing before the Commissioner.

E. 1. Subject to the provisions of this act, a HIPG shall

permit any eligible employer, which meets the membership

requirements of the HIPG, to contract with the HIPG for the purchase

of a health benefits plan for its eligible employees and dependents

of those eligible employees.

2. The HIPG may not vary conditions of eligibility, including

premium rates and membership fees, for any employer meeting the

membership requirements of the HIPG, nor may it vary conditions of

eligibility for any employee to qualify for a HIPG health benefits

plan offered to the eligible employer by the HIPG.

3. A HIPG may not require a contract under this subsection

between a HIPG and a purchaser to be effective for a period of

longer than twelve (12) months.

4. This shall not be construed to prevent a contract from being

extended for additional twelve-month periods or preventing the

purchaser from voluntarily electing a contract period of longer than

twelve (12) months.

5. A contract shall provide that the purchaser agrees not to

obtain or sponsor a health benefits plan, on behalf of any eligible

employees and their dependents, other than through the HIPG. This

shall not be construed to apply to an eligible individual who

resides in an area for which no coverage is offered by a HIPG health

carrier.

F. 1. Under rules established to carry out this act, with

respect to an eligible employer that has a purchaser contract with a

HIPG, individuals who are eligible employees of an eligible employer

may enroll for a health benefits plan offered by a HIPG health

carrier.

2. The health benefits plan may include coverage for dependents

of the enrolling employees, if this coverage is offered.

3. The employees may enroll for health benefits provided

through their employer’s contract with a HIPG.

Oklahoma Statutes - Title 36. Insurance Page 996

G. A HIPG shall not deny enrollment as a member to an

individual who is an eligible employee, or dependent of an employee

qualified to be enrolled based on health-status-related factors,

except as may be permitted by law.

H. In the case of members enrolled in a health benefits plan

offered by a HIPG health carrier, the HIPG shall provide for an

annual open enrollment period of thirty (30) calendar days during

which the members may change the coverage option in which the

members are enrolled.

I. 1. Nothing in this section shall preclude a HIPG from

establishing rules of employee eligibility for enrollment and

reenrollment of members during the annual open enrollment period

under subsection H of this section.

2. The rules shall be applied consistently to all purchasers

and members within the HIPG and shall not be based in any manner on

health-status-related factors and shall not conflict with sections

of this act.

J. 1. Each HIPG shall annually file a report with the

Commissioner to be reviewed for approval. The report shall include:

a. a description of its plan of operation including each

of the products it intends to sell,

b. a description of its marketing methods and materials,

and

c. a description of its membership and disclosure

requirements, or other information as required by the

Commissioner through rules and regulations.

2. The annual filing required shall be deemed approved upon

expiration of a sixty-day waiting period unless, prior to the end of

the period, it has been affirmatively approved or disapproved by the

Commissioner. The Commissioner may extend the period to approve or

disapprove the annual filing by not more than an additional thirty

(30) days by giving notice of such extension before expiration of

the initial sixty-day period. At the expiration of an extended

period, the annual filing shall be deemed approved unless otherwise

approved or disapproved by the Commissioner. The Commissioner may

at any time, after notice and for cause shown, withdraw approval of

an annual report.

K. Each HIPG shall be considered a large group for purposes of

application of the Oklahoma Insurance Code to the activities and

health benefit plans of the HIPG, unless stated otherwise in this

act.
Okla. Stat. tit. 36, § 36-6060.5 — OK Code / Title 36 / Section 36-6060.5
Oklahoma Breast Cancer Patient Protection Act
Status: in_force

A. This section shall be known and may be cited as the

"Oklahoma Breast Cancer Patient Protection Act".

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

in this state on or after January 1, 1998, that provides medical and

surgical benefits with respect to the treatment of breast cancer and

Oklahoma Statutes - Title 36. Insurance Page 1093

other breast conditions shall ensure that coverage is provided for

not less than forty-eight (48) hours of inpatient care following a

mastectomy and not less than twenty-four (24) hours of inpatient

care following a lymph node dissection for the treatment of breast

cancer.

C. Nothing in this section shall be construed as requiring the

provision of inpatient coverage where the attending physician in

consultation with the patient determines that a shorter period of

hospital stay is appropriate.

D. Any plan subject to subsection B of this section shall also

provide coverage for reconstructive breast surgery performed as a

result of a partial or total mastectomy. Because breasts are a

paired organ, any such reconstructive breast surgery shall include

coverage for all stages of reconstructive breast surgery performed

on a nondiseased breast to establish symmetry with a diseased breast

when reconstructive surgery on the diseased breast is performed,

provided that the reconstructive surgery and any adjustments made to

the nondiseased breast must occur within twenty-four (24) months of

reconstruction of the diseased breast.

E. In implementing the requirements of this section, a health

benefit plan may not modify the terms and conditions of coverage

based on the determination by an enrollee to request less than the

minimum coverage required pursuant to subsections B and D of this

section.

F. A health benefit plan shall provide notice to each insured

or enrollee under the plan regarding the coverage required by this

section in the evidence of coverage of the plan, and shall provide

additional written notice of the coverage to the insured or enrollee

as follows:

1. In the next mailing made by the plan to the employee;

2. As part of any yearly informational packet sent to the

enrollee; or

3. Not later than December 1, 1997;

whichever is earlier.

G. As used in this act, "health benefit plan" means any plan or

arrangement as defined in subsection C of Section 6060.4 of this

title.

H. The Insurance Commissioner shall promulgate any rules

necessary to implement the provisions of this section.
Okla. Stat. tit. 36, § 36-6984 — OK Code / Title 36 / Section 36-6984
Advertising or sales materials required — Filing and
Status: in_force

approval.

A. 1. No advertising or sales material relating to a prepaid

vision plan organization shall be issued or delivered to any person

in this state until a copy of the material has been filed with and

approved by the Insurance Commissioner.

2. Within thirty (30) days after the submission of advertising

or material under this subsection, the Commissioner shall issue a

determination approving or disapproving of the material.

3. Disapproval of the advertising or material shall be on the

basis that, in whole or in part, the material is false, deceptive,

or misleading. Written notification shall be issued to an

organization that has materials disapproved pursuant to this

subsection. Thereafter, the disapproved advertising material shall

not be used.

4. Violation of the provisions of this subsection shall entitle

the Commissioner in his or her discretion and without additional

cause to withdraw approval of any coverage policy with respect to

which the advertising or sales material is used.

B. Advertisement and publication of material by a prepaid

vision plan organization or anyone acting on behalf of the

organization to inform enrollees or prospective enrollees of the

plan as to the coverage offered by the plan and the operation of the

organization shall not be a violation of any provisions of law

relating to solicitation of customers or advertising by prepaid

vision plan providers if the advertising or sales material:

1. Is approved prior to use by the Commissioner upon

determination by the Commissioner that the material is not

inaccurate, false, deceptive, or misleading;

2. Does not identify the providers of vision services nor

describe their professional qualifications, except upon request of

the enrollee or prospective enrollee;

3. Does not describe the professional experience or attainments

of providers individually or as a group, or contain language that

states, evaluates, or lauds the professional competence, skills, or

reputations of the providers; and

4. Shall not cause any providers to violate any professional

ethics or laws that prohibit the solicitation of patients.
Okla. Stat. tit. 36, § 36-2671 — OK Code / Title 36 / Section 36-2671
Corporations authorized
Status: in_force

Nonprofit charitable and benevolent corporations may hereafter

be organized under the laws of the State of Oklahoma for the purpose

of establishing, maintaining and operating a nonprofit dental

service plan by complying with the provisions of this Article, and

shall be exempt from all other provisions of the insurance laws and

the general corporation laws of this state, except where such other

laws are specifically made applicable by the provisions of this

Article.
Okla. Stat. tit. 36, § 36-1422 — OK Code / Title 36 / Section 36-1422
Renumbered as § 1435.2 of this title by Laws 2001, c
Status: in_force

156, § 35, eff. Nov. 1, 2001.

Oklahoma Statutes - Title 36. Insurance Page 328
Okla. Stat. tit. 36, § 36-1202 — OK Code / Title 36 / Section 36-1202
Definitions
Status: in_force

When used in this article:

1. “Person” shall mean any individual, corporation,

association, partnership, reciprocal exchange, inter-insurer,

Lloyd’s insurer, Lloyd’s Name, Lloyd’s Syndicate Name, fraternal

benefit society, and any other legal entity engaged in the business

of insurance, including agents, brokers, adjusters, and prepaid

vision plan organizations and insurers;

2. “Commissioner” shall mean the Insurance Commissioner of this

state; and

3. “Name” shall mean any individual or corporate entity

underwriting insurance for their own account through the Lloyd’s of

London market and any agents or employees of any such individual or

corporate entity.
Okla. Stat. tit. 36, § 36-6060.52 — OK Code / Title 36 / Section 36-6060.52
Choice to pay out of pocket — Documentation to carrier
Status: in_force

— Deductible and out of pocket apportionment.

A. An enrollee may choose to pay out of pocket for a health

care service from a health care provider. If an enrollee obtains a

medically necessary health care service covered by his or her health

benefit plan and negotiates for a price lower than the average

allowed amount established by the benefit plan and provided to the

enrollee upon request, and the enrollee pays out of pocket for the

health care service, the enrollee may electronically send

documentation to the carrier that provides the following:

1. The health care service the enrollee or patient received and

the name of the health care provider and contact information;

2. If an order by the health care provider is required by the

policy, the order from the health care provider given to the

enrollee or patient and the final bill or statement for the health

care service; and

3. The negotiated cost of the health care service that the

enrollee received and that:

a. the enrollee paid out of pocket for the health care

services received, and

b. the health care entity is not making a claim against

the carrier for payment for the health care service

provided to the enrollee or patient.

B. The health care provider shall accept the payment from the

enrollee as payment in full and shall not bill the enrollee or the

health benefit plan for any balance between the amount collected

from the enrollee and the billed charge for the service by the

provider.

C. A carrier that receives the documentation described in

subsection A of this section shall count the full amount that the

enrollee paid out of pocket toward the deductible and annual maximum

out-of-pocket expense if:

1. The health care service is covered under the health benefit

plan of the enrollee; and

2. The enrollee negotiated for a lower cost for the health care

service than the average allowed amount established by his or her

health benefit plan for that covered health care service.

D. The amount of the out-of-pocket cost shall be attributed to

the in-network deductible and annual maximum out-of-pocket expense

if the provider was an in-network provider, and to the out-of-

network deductible and annual maximum out-of-pocket expense if the

provider was an out-of-network provider.

E. The amount counted toward an applicable out-of-pocket

deductible and annual maximum out-of-pocket expense shall not exceed

the total amount that the enrollee is required to pay out of pocket

Oklahoma Statutes - Title 36. Insurance Page 1123

during a contractually agreed upon period of time for health care

services that are included under the health benefit plan of the

enrollee, and shall not carry over once a new contract or agreement

period for the plan begins.
Okla. Stat. tit. 36, § 36-4403 — OK Code / Title 36 / Section 36-4403
Definition of accident and health insurance policy
Status: in_force

The term "policy of accident and health insurance" as used

herein includes any policy or contract insuring against loss

resulting from sickness, or from bodily injury or death by accident

or both. Provided, however, the term does not include coverage

provided under a limited benefit insurance policy or contract as

defined in Section 4403.1 of this title.
Okla. Stat. tit. 36, § 36-6130 — OK Code / Title 36 / Section 36-6130
See the following versions:
Status: in_force

OS 36-6130v1 (HB 1498, Laws 2025, c. 55, § 10)

OS 36-6130v2 (HB 2104, Laws 2025, c. 486, § 497)
Okla. Stat. tit. 36, § 36-4055.9 — OK Code / Title 36 / Section 36-4055.9
Procedures for entering into contracts - Rescission -
Status: in_force

Escrow - Minimum discounts - Contract to determine health status.

A. 1. A viatical settlement provider entering into a viatical

settlement contract shall first obtain:

a. if the viator is the insured, a written statement from

a licensed attending physician that the viator is of

sound mind and under no constraint or undue influence

to enter into a viatical settlement contract, and

b. a document in which the insured consents to the

release of his or her medical records to a licensed

viatical settlement provider, viatical settlement

broker and the insurance company that issued the life

insurance policy covering the life of the insured.

2. Within twenty (20) days after a viator executes documents

necessary to transfer any rights under an insurance policy or within

twenty (20) days of entering any agreement, option, promise or any

other form of understanding, expressed or implied, to viaticate the

policy, the viatical settlement provider shall give written notice

to the insurer that issued that insurance policy that the policy has

or will become a viaticated policy. The notice shall be accompanied

by the documents required by paragraph 3 of this subsection.

3. Within twenty (20) days after a viator executes documents

necessary to transfer any rights under an insurance policy or within

twenty (20) days of entering any agreement, option, promise or any

other form of understanding, expressed or implied, to viaticate the

policy, the viatical provider shall deliver a copy of the medical

release required under subparagraph b of paragraph 1 of this

subsection, a copy of the viator's application for the viatical

settlement contract, the notice required under paragraph 2 of this

subsection and a request for verification of coverage to the insurer

that issued the life policy that is the subject of the viatical

transaction. The National Association of Insurance Commissioner's

(NAIC's) form for verification of coverage shall be used unless

Oklahoma Statutes - Title 36. Insurance Page 888

another form is developed and approved by the Insurance

Commissioner.

4. The insurer shall respond to a request for verification of

coverage submitted on an approved form by a viatical settlement

provider or viatical settlement broker within thirty (30) calendar

days of the date the request is received and shall indicate whether,

based on the medical evidence and documents provided, the insurer

intends to pursue an investigation at this time regarding the

validity of the insurance contract or possible fraud. The insurer

shall accept a request for verification of coverage made on an NAIC

form, any form agreed upon by the insurer and the requestor, or any

other form approved by the Commissioner. The insurer shall accept

an original or facsimile or electronic copy of such request and any

accompanying authorization signed by the viator. Failure by the

insurer to meet its obligations under this subsection shall be a

violation of subsection C of Section 10 and Section 15 of Enrolled

Senate Bill No. 1980 of the 2nd Session of the 51st Oklahoma

Legislature.

5. Prior to or at the time of execution of the viatical

settlement contract, the viatical settlement provider shall obtain a

witnessed document in which the viator consents to the viatical

settlement contract, represents that the viator has a full and

complete understanding of the viatical settlement contract, that he

or she has a full and complete understanding of the benefits of the

life insurance policy, acknowledges that he or she is entering into

the viatical settlement contract freely and voluntarily and, for

persons with a terminal or chronic illness or condition,

acknowledges that the insured has a terminal or chronic illness and

that the terminal or chronic illness or condition was diagnosed

after the life insurance policy was issued.

6. The insurer shall not unreasonably delay effecting change of

ownership or beneficiary with any life settlement contract entered

into in this state or with a resident of this state.

7. If a viatical settlement broker performs any of these

activities required of the viatical settlement provider, the

provider is deemed to have fulfilled the requirements of this

section.

B. All medical information solicited or obtained by any

licensee shall be subject to the applicable provisions of state law

relating to confidentiality of medical information.

C. All viatical settlement contracts entered into in this state

shall provide the viator with an absolute right to rescind the

contract before the earlier of thirty (30) calendar days after the

date upon which the viatical settlement contract is executed by all

parties or fifteen (15) calendar days after the viatical settlement

proceeds have been sent to the viator. Rescission by the viator may

be conditioned upon the viator both giving notice and repaying to

Oklahoma Statutes - Title 36. Insurance Page 889

the viatical settlement provider within the rescission period all

proceeds of the settlement and any premiums, loans and loan interest

paid by or on behalf of the viatical settlement provider in

connection with or as a consequence of the viatical settlement. If

the insured dies during the rescission period, the viatical

settlement contract shall be deemed to have been rescinded, subject

to repayment to the viatical settlement provider or purchaser of all

viatical settlement proceeds, and any premiums, loans and loan

interest that have been paid by the viatical settlement provider or

purchaser, which shall be paid within sixty (60) calendar days of

the death of the insured. In the event of any rescission, if the

viatical settlement provider has paid commissions or other

compensation to a viatical settlement broker in connection with the

rescinded transaction, the viatical settlement broker shall refund

all such commissions and compensation to the viatical settlement

provider within five (5) business days following receipt of written

demand from the viatical settlement provider, which demand shall be

accompanied by either the viator's notice of rescission if rescinded

at the election of the viator, or notice of the death of the insured

if rescinded by reason of the death of the insured within the

applicable rescission period.

D. The viatical settlement provider shall instruct the viator

to send the executed documents required to effect the change in

ownership, assignment or change in beneficiary directly to the

independent escrow agent. Within three (3) business days after the

date the escrow agent receives the document or from the date the

viatical settlement provider receives the documents, if the viator

erroneously provides the documents directly to the provider, the

provider shall pay or transfer the proceeds of the viatical

settlement into an escrow or trust account maintained in a state- or

federally-chartered financial institution whose deposits are insured

by the Federal Deposit Insurance Corporation (FDIC). Upon payment

of the settlement proceeds into the escrow account, the escrow agent

shall deliver the original change in ownership, assignment or change

in beneficiary forms to the viatical settlement provider or related

provider trust or other designated representative of the viatical

settlement provider. Upon the escrow agent's receipt of the

acknowledgment of the properly completed transfer of ownership,

assignment or designation of beneficiary from the insurance company,

the escrow agent shall pay the settlement proceeds to the viator.

E. Failure to tender consideration to the viator for the

viatical settlement contract within the time set forth in the

disclosure pursuant to paragraph 7 of subsection A of Section 8 of

Enrolled Senate Bill No. 1980 of the 2nd Session of the 51st

Oklahoma Legislature renders the viatical settlement contract

voidable by the viator for lack of consideration until the time

consideration is tendered to and accepted by the viator. Funds

Oklahoma Statutes - Title 36. Insurance Page 890

shall be deemed sent by a viatical settlement provider to a viator

as of the date that the escrow agent either releases funds for wire

transfer to the viator, places a check for delivery to the viator

via United States Postal Service or other nationally recognized

delivery service or make an electronic payment to the viator.

F. In order to assure that a viator, at the time of the

viatical settlement has a life expectancy of less than two (2)

years, receives reasonable return for viaticating an insurance

policy, the following shall be minimum discounts:

Minimum Percentage of Face

Insured's Life Value Less Outstanding Loans

Expectancy Received By Viator

Less than six (6) months 80%

At least six (6) but less than

twelve (12) months 70%

At least twelve (12) but less

than eighteen (18) months 65%

At least eighteen (18) months but

less than twenty-four (24) months 60%

G. Contacts with the insured for the purpose of determining the

health status of the insured by the viatical settlement provider or

viatical settlement broker after the viatical settlement has

occurred shall only be made by a viatical settlement provider or

broker licensed in this state or its authorized representatives and

shall be limited to once every three (3) months for insureds with a

life expectancy of more than one (1) year, and to no more than once

per month for insureds with a life expectancy of one (1) year or

less. The provider or broker shall explain the procedure for these

contacts at the time the viatical settlement contract is entered

into. The limitations set forth in this subsection shall not apply

to any contacts with an insured for reasons other than determining

the insured's health status. Viatical settlement providers and

viatical settlement brokers shall be responsible for the actions of

their authorized representatives.
Okla. Stat. tit. 36, § 36-1536 — OK Code / Title 36 / Section 36-1536
Corporate Governance Annual Disclosure (CGAD)
Status: in_force

A. An insurer or the insurance group of which the insurer is a

member shall, no later than June 1 of each calendar year, submit to

the Insurance Commissioner a Corporate Governance Annual Disclosure

(CGAD) that contains the information described in Section 4 of this

act. Notwithstanding any request from the Commissioner made

pursuant to subsection C of this section, if the insurer is a member

of an insurance group, the insurer shall submit the report required

by this section to a commissioner of the lead state for the

insurance group, in accordance with the laws of the lead state, as

determined by the procedures outlined in the most recent Financial

Analysis Handbook adopted by the National Association of Insurance

Commissioners (NAIC).

B. The CGAD shall include a signature of the insurer or chief

executive officer or corporate secretary of the insurance group

attesting to the best of his or her belief and knowledge that the

insurer has implemented the corporate governance practices and that

a copy of the disclosure has been provided to the insurer's board of

directors or the appropriate committee thereof.

C. An insurer not required to submit a CGAD under this section

shall do so upon the Commissioner's request.

D. For purposes of completing the CGAD, the insurer or

insurance group may provide information regarding corporate

governance at the ultimate controlling parent level, an intermediate

holding company level and/or the individual legal entity level,

depending upon how the insurer or insurance group has structured its

system of corporate governance. The insurer or insurance group is

encouraged to make the CGAD disclosures at the level at which the

insurer's or insurance group's risk appetite is determined, or at

which the earnings, capital, liquidity, operations and reputation of

the insurer are overseen collectively and at which the supervision

of those factors is coordinated and exercised, or the level at which

legal liability for failure of general corporate governance duties

would be placed. If the insurer or insurance group determines the

level of reporting based on these criteria, it shall indicate which

of the three criteria was used to determine the level of reporting

and explain any subsequent changes in level of reporting.

E. The review of the CGAD and any additional requests for

information shall be made through the lead state as determined by

the procedures within the most recent Financial Analysis Handbook

referenced in subsection A of this section.

F. Insurers providing information substantially similar to the

information required by this act in other documents provided to the

Oklahoma Statutes - Title 36. Insurance Page 425

Commissioner, including proxy statements filed in conjunction with

Form B requirements, or other state or federal filings provided to

the Oklahoma Insurance Department shall not be required to duplicate

that information in the CGAD but shall only be required to cross-

reference the document in which the information is included.
Okla. Stat. tit. 36, § 36-2037 — OK Code / Title 36 / Section 36-2037
Distribution of ownership rights of impaired or insolvent
Status: in_force

insurer.

A. Prior to the termination of any liquidation, rehabilitation,

receivership orconservatorship proceeding, the court may take into

consideration the contributions of the respective parties, including

the Association, the shareholders and the policyowners of the

insolvent insurer, and any other party with a bona fide interest, in

making an equitable distribution of the ownership rights of such

insolvent insurer. In such a determination, consideration shall be

given to the welfare of the policyholders of the continuing or

successor insurer.

B. No distribution to stockholders, if any, of an impaired or

insolvent insurer shall be made until and unless the total valid

Oklahoma Statutes - Title 36. Insurance Page 620

claims of the Association for funds expended in carrying out its

powers and duties under Section 8 of this act with respect to such

insurer have been fully recovered by the Association.
Okla. Stat. tit. 36, § 36-617 — OK Code / Title 36 / Section 36-617
Renewal and amendment of certificate
Status: in_force

A. All certificates of authority shall, beginning November 1,

2002, be perpetual and automatically renewed as of March 1 of each

year, unless the insurer fails to qualify for renewal pursuant to

the requirements of the Insurance Code.

B. The Insurance Commissioner may amend a certificate of

authority at any time to accord with changes in the insurer's

charter or insuring powers.
Okla. Stat. tit. 36, § 36-901.5 — OK Code / Title 36 / Section 36-901.5
Filing of advisory prospective loss costs and supporting
Status: in_force

actuarial data and statistical data for workers' compensation

insurance.

A. Rating organizations shall develop and file for approval

with the Insurance Commissioner in accordance with the provisions of

this section, a filing containing advisory prospective loss costs

and supporting actuarial and statistical data for workers'

compensation insurance. Each insurer shall individually file their

own specific profit and expense factors used to determine the final

rates it will file for approval and the effective date of any rate

changes.

B. As used in this section:

1. "Expenses" means that portion of a rate attributable to

acquisition, field supervision, collection expenses, general

expenses, taxes, licenses and fees;

2. "Rate" means the cost of insurance per exposure unit,

whether expressed as a single number or as a prospective loss cost

with an adjustment to account for the treatment of expenses, profit

and variations in loss experience, prior to any application of

individual risk variations based on loss or expense considerations,

and does not include minimum premiums; and

3. "Prospective loss costs" means that portion of a rate that

does not include provision for expenses (other than loss adjustment

expenses) or profit, and is based on historical aggregate losses and

loss adjustment expenses adjusted through development to its

Oklahoma Statutes - Title 36. Insurance Page 200

ultimate value and projected through trending to a future point in

time.
Okla. Stat. tit. 36, § 36-4602 — OK Code / Title 36 / Section 36-4602
Duties of Insurance Commissioner, State Board of Health,
Status: in_force

and Health Care for Uninsured Board.

Oklahoma Statutes - Title 36. Insurance Page 1001

A. The Insurance Commissioner in collaboration with the

Oklahoma Health Care Authority shall advise and aid the Health Care

for the Uninsured Board (HUB) in its duties. The Insurance

Commissioner is hereby authorized to promulgate such reasonable

rules as are necessary to implement the purposes of this act.

B. The State Board of Health shall direct the implementation

and duties of the HUB to assist the Insurance Commissioner. The

duties of the HUB shall be to:

1. Advise, consult with, and make recommendations to the

Commissioner as to the matters addressed in subsection C of this

section; and

2. Assist and advise the Commissioner on such other matters as

the Commissioner may submit for recommendations to the State Board

of Health.

C. The Commissioner shall:

1. Establish a system of certification for insurance programs

offered in this state to be recommended by the HUB;

2. Establish a system for the credentialing of insurance

producers who intend to market insurance programs certified by the

state in accordance with this section.

3. Establish a system of counseling, including a website, for

those individuals who are without health insurance and are not

covered by Medicaid, that includes but is not limited to:

a. educating consumers about insurance programs certified

by the state in accordance with this section,

b. aiding consumers in choosing policies that cover

medically necessary services for that consumer, and

c. educating consumers on how to utilize primary and

preventative care in order to reduce the unnecessary

utilization of services by the consumer; and

4. Establish a system whereby if an individual qualifies for a

subsidy under the premium assistance program, established in Section

1010.1 of Title 56 of the Oklahoma Statutes, that person is able to

become enrolled through the HUB in conjunction with local, qualified

insurance producers.
Okla. Stat. tit. 36, § 36-6922 — OK Code / Title 36 / Section 36-6922
Order to rectify financial condition or violation -
Status: in_force

Required actions - Remedies and measures available to Insurance

Commissioner.

A. Whenever the Insurance Commissioner determines that the

financial condition of a health maintenance organization (HMO) is

such that its continued operation might be hazardous to its

enrollees, creditors or the general public, or that the HMO has

violated any provision of the Health Maintenance Organization Act of

2003, the Insurance Commissioner may, after notice and opportunity

for hearing, order the health maintenance organization to take

action reasonably necessary to rectify the condition or violation

including, but not limited, to one or more of the following:

Oklahoma Statutes - Title 36. Insurance Page 1407

1. Reduce the total amount of present and potential liability

for benefits by reinsurance or other method acceptable to the

Insurance Commissioner;

2. Reduce the volume of new business being accepted;

3. Reduce expenses by specified methods;

4. Suspend or limit the writing of new business for a period of

time;

5. Increase the health maintenance organization’s capital and

surplus by contribution; or

6. Take other steps the Insurance Commissioner may deem

appropriate under the circumstances.

B. For purposes of this section, the violation by a health

maintenance organization of any law of this state to which the

health maintenance organization is subject shall be deemed a

violation of this act.

C. Rules of the Insurance Commissioner establishing criteria

that the Insurance Commissioner may consider in making a

determination that the condition of any insurer is such that

continuation of such insurer's business may be hazardous to the

public or to holders of its policies or certificates of insurance

may be used by the Insurance Commissioner for early warning that the

continued operation of any health maintenance organization might be

hazardous to its enrollees, creditors, or the general public and to

set standards for evaluating the financial condition of any health

maintenance organization.

D. The remedies and measures available to the Insurance

Commissioner under this section shall be in addition to, and not in

lieu of, the remedies and measures available to the Insurance

Commissioner under the provisions of Section 1904 of Title 36 of the

Oklahoma Statutes.
Okla. Stat. tit. 36, § 36-2931 — OK Code / Title 36 / Section 36-2931
Real estate transactions - Restrictions
Status: in_force

A reciprocal insurer, as defined in Section 2902 of Title 36 of

the Oklahoma Statutes, may purchase, receive, own, hold, lease,

mortgage, pledge, or encumber, by deed of trust or otherwise,

manage, or sell real property in its own name for the purposes and

objects of such insurer, pursuant to the provisions of Section 1624

of Title 36 of the Oklahoma Statutes. Any contract, deed, lease,

mortgage, deed of trust, purchase or sale agreement, or any other

contract, document or instrument to be executed in the name of the

reciprocal insurer may be executed by the attorney-in-fact for the

insurer, as defined in Section 2906 of Title 36 of the Oklahoma

Statutes. This provision shall apply to any contract, deed, lease,

mortgage, deed of trust, purchase or sale agreement, or any other

contract, document or instrument made and entered into by any

reciprocal insurer on and after September 1, 1990.

A reciprocal insurer doing business in this state shall be

subject to the same restrictions pertaining to ownership of real

property and other real estate transactions that exist for

corporations pursuant to Section 2 of Article XXII of the Oklahoma

Constitution.
Okla. Stat. tit. 36, § 36-7107 — OK Code / Title 36 / Section 36-7107
Prepayment contract finance charges - Disclosure
Status: in_force

Every cemetery which provides prepayment financing programs to

its customers under contracts in which a finance charge is made

shall comply with all applicable provisions of the Uniform Consumer

Credit Code, Sections 1-101 through 9-101 of Title 14A of the

Oklahoma Statutes.
Okla. Stat. tit. 36, § 36-321.1 — OK Code / Title 36 / Section 36-321.1
Report fees - Information requests - Costs
Status: in_force

A. There shall be collected at the time of filing of a report,

a fee payable by each insurer required to file a report under

Section 101 et seq. of this title, provided the insurer's total

written premium per liability category exceeds the requisite filing

fee, which shall be Four Hundred Dollars ($400.00) for each periodic

claims report required by Section 1250.9 of this title.

B. All public requests for information provided by this act

shall be in writing. All requests for copying such data shall be in

writing and may be provided to the requestor after such reasonable

time to process such copying and shall be at such costs as provided

in Section 321 of this title or, if computerized printouts are

necessary, at such reasonable costs as established by the

Commissioner, or if such items cannot be reproduced by the

Commissioner, then such information may, after notification to the

requestor, be sent to a private contractor, and such costs shall be

payable by the requestor.

Oklahoma Statutes - Title 36. Insurance Page 107
Okla. Stat. tit. 36, § 36-5400 — OK Code / Title 36 / Section 36-5400
Short title — 340B Nondiscrimination Act
Status: in_force

This act shall be known and may be cited as the "340B

Nondiscrimination Act".
Okla. Stat. tit. 36, § 36-2915 — OK Code / Title 36 / Section 36-2915
Legal process service - Judgment
Status: in_force

A. Legal process shall be served upon a domestic reciprocal

insurer by serving the insurer's attorney at his principal offices.

B. Any judgment based upon legal process so properly served

shall be binding upon each of the insurer's subscribers as their

respective interests may appear but in an amount not exceeding their

respective contingent liabilities, if any, the same as though

personal service of process was had upon each such subscriber.
Okla. Stat. tit. 36, § 36-1273 — OK Code / Title 36 / Section 36-1273
Administrative charges — Labor market rate — Total loss
Status: in_force

vehicle limit.

A. Upon the effective date of this act, the hourly market rate

for labor for administrative charges as defined in Section 2 of this

act, as the rate relates to total loss vehicles, shall be in

accordance with the prevailing market price determined pursuant to

subsection H of Section 1250.8 of Title 36 of the Oklahoma Statutes.

The Insurance Commissioner may adjust the hourly market rate for

labor to account for inflation annually beginning on January 1,

2027. Such adjustment shall be made based on the market surveys

conducted pursuant to Section 365:15-1-26 of the Oklahoma

Administrative Code.

B. Administrative charges, as such charges relate to total loss

vehicles, shall not exceed the hourly market rate for labor pursuant

to this section and may only be billed up to four (4) hours.
Okla. Stat. tit. 36, § 36-3607 — OK Code / Title 36 / Section 36-3607
Application required
Status: in_force

No life or accident and health insurance contract upon an

individual, except a contract of group life insurance or of group or

blanket accident and health insurance, shall be made or effectuated

Oklahoma Statutes - Title 36. Insurance Page 774

unless at the time of the making of the contract the individual

insured, being of competent legal capacity to contract, applies

therefor or consents thereto, except in the following cases:

1. A spouse may effectuate such insurance upon the other

spouse.

2. Any person having an insurable interest in the life of a

minor, or any person upon whom a minor is dependent for support and

maintenance, may effectuate insurance upon the life of or pertaining

to such minor.

3. Any person having an insurable interest in the life of a

person who is legally incompetent to consent to such insurance may

effectuate such insurance upon such person.
Okla. Stat. tit. 36, § 36-2702.1 — OK Code / Title 36 / Section 36-2702.1
Lodge system defined
Status: in_force

A. A society is operating on the lodge system if it has a

supreme governing body and subordinate lodges into which members are

elected, initiated or admitted in accordance with its laws, rules

and ritual. Subordinate lodges shall be required by the laws of the

society to hold regular meetings at least once in each month in

furtherance of the purposes of the society.

B. A society may, at its option, organize and operate lodges

for children under the minimum age for adult membership. Membership

and initiation in local lodges shall not be required of such

children, nor shall they have a voice or vote in the management of

the society.
Okla. Stat. tit. 36, § 36-6060.16 — OK Code / Title 36 / Section 36-6060.16
Eligibility – Contributions - Exemptions
Status: in_force

A. The provisions of this act shall also apply to taxpayers who

are not receiving preferred federal tax treatment for a health

savings account pursuant to Section 223 of the Internal Revenue

Code.

B. For taxable years beginning after 2005, a resident of

Oklahoma or an employer shall be allowed to deposit contributions to

a health savings account. The amount of deposit for each year shall

not exceed the maximum contribution amount pursuant to Section 223

of the Internal Revenue Code.

C. Except as provided in Section 6060.18 of this title, the

following are exempt from taxation under the Oklahoma Income Tax

Act:

1. Principal contributed to and interest earned on a health

savings account; and

Oklahoma Statutes - Title 36. Insurance Page 1114

2. Money reimbursed to an eligible individual or an employee

for qualified medical expenses.
Okla. Stat. tit. 36, § 36-312.1 — OK Code / Title 36 / Section 36-312.1
Report, disbursement and appropriation of fees and taxes
Status: in_force

- Record and statement - Annual reports.

A. For the fiscal year ending June 30, 2004, the Insurance

Commissioner shall report and disburse one hundred percent (100%) of

the fees and taxes collected under Section 624 of this title to the

State Treasurer to be deposited to the credit of the Education

Reform Revolving Fund of the State Department of Education. The

Insurance Commissioner shall keep an accurate record of all such

funds and make an itemized statement and furnish same to the State

Auditor and Inspector, as to all other departments of this state.

The report shall be accompanied by an affidavit of the Insurance

Commissioner or the Chief Clerk of such office certifying to the

correctness thereof.

B. The Insurance Commissioner shall apportion an amount of the

taxes and fees received from Section 624 of this title, which shall

be at least One Million Two Hundred Fifty Thousand Dollars

($1,250,000.00) each year, but which shall also be computed on an

annual basis by the Commissioner as the amount of insurance premium

Oklahoma Statutes - Title 36. Insurance Page 99

tax revenue loss attributable to the provisions of subsection H of

Section 625.1 of this title and increased if necessary to reflect

the annual computation, and which shall be apportioned before any

other amounts, as follows:

1. The following amounts shall be paid to the Oklahoma

Firefighters Pension and Retirement Fund in the manner provided for

in Sections 49-119, 49-120 and 49-123 of Title 11 of the Oklahoma

Statutes:

Fiscal Year Amount

FY 2006 through FY 2020 65.0%

FY 2021 as follows:

a. for the month beginning July 1,

2020, through the month ending

August 31, 2020 65.0%

b. for the month beginning September

1, 2020, through the month ending

June 30, 2021 45.5%

FY 2022 and each fiscal year thereafter 65.0%;

2. The following amounts shall be paid to the Oklahoma Police

Pension and Retirement System pursuant to the provisions of Sections

50-101 through 50-136 of Title 11 of the Oklahoma Statutes:

Fiscal Year Amount

FY 2006 through FY 2020 26.0%

FY 2021 as follows:

a. for the month beginning July 1,

2020, through the month ending

August 31, 2020 26.0%

b. for the month beginning September

1, 2020, through the month ending

June 30, 2021 18.2%

FY 2022 and each fiscal year thereafter 26.0%;

3. The following amounts shall be paid to the Law Enforcement

Retirement Fund:

Fiscal Year Amount

FY 2006 through FY 2020 9.0%

FY 2021 as follows:

a. for the month beginning July 1,

2020, through the month ending

August 31, 2020 9.0%

b. for the month beginning September

1, 2020, through the month ending

June 30, 2021 6.3%

FY 2022 and each fiscal year thereafter 9.0%; and

4. The following amounts shall be paid to the Education Reform

Revolving Fund of the State Department of Education:

Fiscal Year Amount

FY 2021 as follows:

Oklahoma Statutes - Title 36. Insurance Page 100

for the month beginning September 1,

2020, through the month ending June 30,

2021 30.0%.

C. After the apportionment required by subsection B of this

section, for the fiscal years beginning July 1, 2004, and ending

June 30, 2009, the Insurance Commissioner shall report and disburse

all of the fees and taxes collected under Section 624 of this title

and Section 2204 of this title, and the same are hereby apportioned

as follows:

1. Thirty-four percent (34%) of the taxes collected on premiums

shall be allocated and disbursed for the Oklahoma Firefighters

Pension and Retirement Fund, in the manner provided for in Sections

49-119, 49-120 and 49-123 of Title 11 of the Oklahoma Statutes;

2. Seventeen percent (17%) of the taxes collected on premiums

shall be allocated and disbursed to the Oklahoma Police Pension and

Retirement System pursuant to the provisions of Sections 50-101

through 50-136 of Title 11 of the Oklahoma Statutes;

3. Six and one-tenth percent (6.1%) of the taxes collected on

premiums shall be allocated and disbursed to the Law Enforcement

Retirement Fund; and

4. All the balance and remainder of the taxes and fees provided

in Section 624 of this title shall be paid to the State Treasurer to

the credit of the General Revenue Fund of the state to provide

revenue for general functions of state government. The Insurance

Commissioner shall keep an accurate record of all such funds and

make an itemized statement and furnish same to the State Auditor and

Inspector, as to all other departments of this state. The report

shall be accompanied by an affidavit of the Insurance Commissioner

or the Chief Clerk of such office certifying to the correctness

thereof.

D. After the apportionment required by subsection B of this

section, the Insurance Commissioner shall report and disburse all of

the fees and taxes collected under Section 624 of this title and

Section 2204 of this title, and the same are hereby apportioned as

follows:

1. Of the taxes collected on premiums the following shall be

allocated and disbursed for the Oklahoma Firefighters Pension and

Retirement Fund, in the manner provided for in Sections 49-119, 49-

120 and 49-123 of Title 11 of the Oklahoma Statutes:

Fiscal Year Amount

FY 2006 through FY 2020 36.0%

FY 2021 as follows:

a. for the month beginning July 1,

2020, through the month ending

August 31, 2020 36.0%

Oklahoma Statutes - Title 36. Insurance Page 101

b. for the month beginning September

1, 2020, through the month ending

June 30, 2021 25.2%

FY 2022 36.0%

FY 2023 through FY 2027 37.8%

FY 2028 and each fiscal year thereafter 36.0%;

2. Of the taxes collected on premiums the following shall be

allocated and disbursed to the Oklahoma Police Pension and

Retirement System pursuant to the provisions of Sections 50-101

through 50-136 of Title 11 of the Oklahoma Statutes:

Fiscal Year Amount

FY 2006 through FY 2020 14.0%

FY 2021 as follows:

a. for the month beginning July 1,

2020, through the month ending

August 31, 2020 14.0%

b. for the month beginning September

1, 2020, through the month ending

June 30, 2021 9.8%

FY 2022 14.0%

FY 2023 through FY 2027 14.7%

FY 2028 and each fiscal year thereafter 14.0%;

3. Of the taxes collected on premiums the following shall be

allocated and disbursed to the Law Enforcement Retirement Fund:

Fiscal Year Amount

FY 2006 through FY 2020 5.0%

FY 2021 as follows:

a. for the month beginning July 1,

2020, through the month ending

August 31, 2020 5.0%

b. for the month beginning September

1, 2020, through the month ending

June 30, 2021 3.5%

FY 2022 5.0%

FY 2023 through FY 2027 5.25%

FY 2028 and each fiscal year thereafter 5.0%;

4. The following amounts shall be paid to the Education Reform

Revolving Fund of the State Department of Education:

Fiscal Year Amount

FY 2021 as follows:

for the month beginning September 1,

2020, through the month ending June 30,

2021 16.5%;

5. In addition to the allocations made pursuant to paragraphs

1, 2 and 3 of this subsection, of the taxes collected on premiums

the following amounts shall be allocated and disbursed annually for

FY 2023 through FY 2027:

Oklahoma Statutes - Title 36. Insurance Page 102

a. Forty Thousand Six Hundred Twenty-five Dollars

($40,625.00) to the Oklahoma Firefighters Pension and

Retirement Fund,

b. Sixteen Thousand Two Hundred Fifty Dollars

($16,250.00) to the Oklahoma Police Pension and

Retirement System, and

c. Five Thousand Six Hundred Twenty-five Dollars

($5,625.00) to the Oklahoma Law Enforcement Retirement

Fund; and

6. All the balance and remainder of the taxes and fees provided

in Section 624 of this title shall be paid to the State Treasurer to

the credit of the General Revenue Fund of the state to provide

revenue for general functions of state government. The Insurance

Commissioner shall keep an accurate record of all such funds and

make an itemized statement and furnish same to the State Auditor and

Inspector, as to all other departments of this state. The report

shall be accompanied by an affidavit of the Insurance Commissioner

or the Chief Clerk of such office certifying to the correctness

thereof.

E. The disbursements provided for in subsections A, B, C and D

of this section shall be made monthly. The Insurance Commissioner

shall report annually to the Governor, the Speaker of the House of

Representatives, the President Pro Tempore of the Senate and the

State Auditor and Inspector, the amounts collected and disbursed

pursuant to this section.

F. Notwithstanding any other provision of law to the contrary,

no tax credit authorized by law enacted on or after July 1, 2008,

which may be used to reduce any insurance premium tax liability

shall be used to reduce the amount of insurance premium tax revenue

apportioned to the Oklahoma Firefighters Pension and Retirement

System, the Oklahoma Police Pension and Retirement System, the

Oklahoma Law Enforcement Retirement System or the Education Reform

Revolving Fund.
Okla. Stat. tit. 36, § 36-2803 — OK Code / Title 36 / Section 36-2803
Filing certificate with Insurance Commissioner; officers;
Status: in_force

terms.

Such certificate shall be filed with the Insurance Commissioner,

and a certified copy thereof signed by the Insurance Commissioner

shall be evidence of the due incorporation and existence of such

association for the purpose therein named, whereupon, the persons

Oklahoma Statutes - Title 36. Insurance Page 738

named in such certificate and the other members of such association

may elect a president, secretary, treasurer, and not less than five

nor more than fifteen directors, and such other officers as may be

deemed necessary for the complete performance of all business and

objects of the association. Such officers shall be chosen for a

term of not more than one (1) year, and their successors shall be

thereafter chosen in such time and manner as shall be prescribed by

the bylaws; but no term, terms, or tenure shall be longer than three

(3) years.
Okla. Stat. tit. 36, § 36-6458 — OK Code / Title 36 / Section 36-6458
Notice to Commissioner - Designation and registration of
Status: in_force

agent.

A. A purchasing group which intends to do business in this

state shall, prior to doing business, furnish to the Insurance

Commissioner notice which shall, on forms prescribed by the National

Association of Insurance Commissioners:

1. Identify the state in which the group is domiciled;

2. Identify all other states in which the group intends to do

business;

3. Specify the lines and classifications of liability insurance

which the purchasing group intends to purchase;

4. Identify the insurance company or companies from which the

group intends to purchase its insurance and the domicile of the

company or companies;

5. Identify the principal place of business of the group;

6. Specify the method by which the person or persons, if any,

through whom insurance will be offered to its members whose risks

are resident or located in this state; and

7. Provide such other information as may be required by the

Commissioner of this state to verify that the purchasing group is

qualified to do business in this state as a purchasing group.

B. A purchasing group shall notify the Insurance Commissioner

of any changes in any of the information prescribed in subsection A

of this section within ten (10) days of such change;

Oklahoma Statutes - Title 36. Insurance Page 1205

C. The purchasing group shall register with and designate the

Commissioner of this state as its agent solely for the purpose of

receiving service of legal documents or process, for which a filing

fee shall be assessed in an amount determined by the Commissioner,

except that such requirements shall not apply in the case of a

purchasing group which only purchases insurance that was authorized

under the federal Products Liability Risk Retention Act of 1981 and:

1. Which:

a. was domiciled before April 1, 1986, and

b. is domiciled on and after October 27, 1986, in any

state;

2. Before October 27, 1986, purchased insurance from an

insurance carrier licensed in any state;

3. Since October 27, 1986, purchased its insurance from an

insurance carrier licensed in any state; or

4. Was a purchasing group pursuant to the requirements of the

federal Product Liability Risk Retention Act of 1981 before October

27, 1986.

D. Each purchasing group that is required to give notice

pursuant to subsection A of this section also shall furnish such

information as may be required by the Insurance Commissioner or

designee to:

1. Verify that the entity qualifies as a purchasing group;

2. Determine where the purchasing group is located; and

3. Determine appropriate tax treatment.
Okla. Stat. tit. 36, § 36-6470.13 — OK Code / Title 36 / Section 36-6470.13
Examination by Insurance Commissioner -
Status: in_force

Confidentiality - Application.

A. At least once in five (5) years, and whenever the Insurance

Commissioner determines it to be prudent, the Commissioner

personally, or a competent person appointed by the Commissioner,

shall conduct an examination under Sections 309.1 through 309.7 of

this title, as well as determine whether the captive insurer has

complied with the Oklahoma Captive Insurance Company Act. The

Commissioner upon application, in his or her discretion, may enlarge

the five-year period to seven (7) years. The expenses and charges

of the examination must be paid in accordance with the payment

provisions of Sections 309.1 through 309.7 of this title.

B. All examination reports, preliminary examination reports or

results, working papers, recorded information, documents and copies

of documents produced by, obtained by, or disclosed to the

Commissioner or any other person in the course of an examination

made under this section are confidential and are not subject to

subpoena and may not be made public by the Commissioner or an

employee or agent of the Commissioner without the written consent of

the company, except to the extent provided in this subsection.

Nothing in this subsection prevents the Commissioner from using this

information in furtherance of the regulatory authority of the

Commissioner under the Oklahoma Captive Insurance Company Act. The

Commissioner may grant access to this information to public officers

having jurisdiction over the regulation of insurance in any other

state or country, or to law enforcement officers of this state or

any other state or agency of the federal government at any time, so

long as the officers receiving the information agree in writing to

hold it in a manner consistent with this section.

C. 1. This section applies to all business written by a

captive insurance company; however, the examination for a branch

Oklahoma Statutes - Title 36. Insurance Page 1222

captive insurance company must be of branch business and branch

operations only, as long as the branch captive insurance company

provides annually to the Commissioner a certificate of compliance,

or its equivalent, issued by or filed with the licensing authority

of the jurisdiction in which the branch captive insurance company is

formed and demonstrates to the satisfaction of the Commissioner that

it is operating in sound financial condition in accordance with all

applicable laws and regulations of that jurisdiction.

2. As a condition of licensure, the alien captive insurance

company shall grant authority to the Commissioner for examination of

the affairs of the alien captive insurance company in the

jurisdiction in which the alien captive insurance company is formed.
Okla. Stat. tit. 36, § 36-4110 — OK Code / Title 36 / Section 36-4110
Group annuity; certificates
Status: in_force

In group annuity contracts there shall be a provision that the

insurer will issue to the holder of the contract for delivery to

each annuitant who contributes thereunder an individual certificate

setting forth a statement in substance of the benefits to which he

is entitled under such contract.
Okla. Stat. tit. 36, § 36-2612 — OK Code / Title 36 / Section 36-2612
Nonliability of corporation
Status: in_force

No liability shall attach to any corporation holding a

certificate of authority under this article or to the directors,

officers, or employees of suchcorporation, by reason of the failure

on the part of any of its participating hospitals, physicians, or

other health care providers to render service, except as herein

provided, to any of its subscribers, nor for the negligence,

malpractice or other acts of its participating hospitals,

physicians, or other health care providers.
Okla. Stat. tit. 36, § 36-6470.30.1 — OK Code / Title 36 / Section 36-6470.30.1
Requirements for writing business
Status: in_force

The business written by a sponsored captive insurance company

with respect to each protected cell must be:

1. Fronted by an insurance company licensed pursuant to the

laws of any state or any jurisdiction if the insurance company is a

wholly owned subsidiary of an insurance company licensed pursuant to

the laws of any state;

2. Reinsured by a reinsurer authorized or approved by this

state; or

3. Secured by a trust fund in the United States for the benefit

of policyholders and claimants or funded by an irrevocable letter of

credit or other asset acceptable to the Insurance Commissioner. The

amount of security provided may not be less than the reserves

associated with those liabilities, not fronted or reinsured,

including reserves for losses, allocated loss adjustment expenses,

incurred but unreported losses, and unearned premiums for business

written through the protected cell of the participant. The

Insurance Commissioner may require the sponsored captive to increase

the funding of any security arrangement established pursuant to this

subsection. If the form of security is a letter of credit, the

letter of credit must be established, issued, or confirmed by a

financial institution chartered in this state, a member of the

federal reserve system, or a bank chartered by another state if that

state-chartered bank is acceptable to the Insurance Commissioner. A

trust and trust instrument maintained pursuant to this item must be

in a form and upon terms approved by the Insurance Commissioner.
Okla. Stat. tit. 36, § 36-6901 — OK Code / Title 36 / Section 36-6901
Short title
Status: in_force

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

Maintenance Organization Act of 2003".
Okla. Stat. tit. 36, § 36-1620 — OK Code / Title 36 / Section 36-1620
Investment or deposit of funds
Status: in_force

A. An insurer may invest or deposit any of its cash funds on

deposit in checking or savings accounts, under certificates of

deposit, or in solvent banks or trust companies, which are insured

by the Federal Deposit Insurance Corporation.

B. An insurer may invest or deposit any of its funds in

checking, share or saving accounts under certificates of deposit or

Oklahoma Statutes - Title 36. Insurance Page 435

time deposits in solvent savings and loan associations which are

insured by the Federal Deposit Insurance Corporation.

C. An insurer may invest or deposit any of its cash funds in

share, share draft, under certificates of deposit or time deposits

in solvent credit unions which are insured by the National Credit

Union Administration.

D. All certificates of deposits or other time deposit

instruments shall be classified as negotiable and transferrable as

required by Section 1703 of this title.
Okla. Stat. tit. 36, § 36-613 — OK Code / Title 36 / Section 36-613
Deposit requirements
Status: in_force

A. Except as provided in subsection C of this section, any

insurer that incorporates or is authorized initially to transact the

business of insurance in Oklahoma after October 1, 1980, shall not

be issued a certificate of authority by the Insurance Commissioner

unless it has deposited in trust with the Commissioner cash or

securities eligible for the investment of capital funds of domestic

insurers under this Code in an amount not less than Three Hundred

Thousand Dollars ($300,000.00). The Commissioner may require a

greater amount to be deposited in trust if the Insurance

Commissioner finds that a greater amount is warranted for the

protection of the policyholders of the insurer pursuant to rules

promulgated by the Commissioner. Any amount over Three Hundred

Thousand Dollars ($300,000.00) must be documented and reasons stated

by the Commissioner in writing for the excess deposit amount. The

Commissioner will annually review those insurers with deposits above

Three Hundred Thousand Dollars ($300,000.00) to determine whether

such additional deposits remain justified.

B. The Commissioner shall not issue a certificate of authority

to any insurer that incorporated or was initially authorized to

transact the business of insurance in Oklahoma prior to October 1,

1980, unless it has deposited in trust with the Commissioner cash or

securities eligible for the investment of capital funds of domestic

insurers under this Code in an amount not less than the surplus in

regard to policyholders, or net admitted assets (if a Lloyd's

association) required pursuant to this Code to be maintained for

authority to transact the kinds of insurance to be transacted,

except that in the case of life and/or accident and health insurers

the deposit shall be in the amount of One Hundred Thousand Dollars

($100,000.00).

C. 1. As to domestic title insurers, the deposit shall be as

required by Article 50 (Title Insurers).

2. As to foreign insurers, in lieu of such deposit or part

thereof in this state, the Commissioner may accept the current

certificate in proper form of the public official having supervision

over insurers in any other state to the effect that a like deposit

or part thereof by such insurer is being maintained in public

Oklahoma Statutes - Title 36. Insurance Page 132

custody in such state in trust for the purpose, among other

reasonable purposes, of protection of all the insurer's

policyholders or of all its policyholders and creditors.

3. As to alien insurers, other than title insurers, in lieu of

such deposit or part thereof in this state, the Commissioner may

accept the certificate of the official having supervision over

insurance of another state in the United States, given under his or

her hand and seal, that the insurer maintains within the United

States by way of deposits with public depositaries, or in trust

institutions within the United States approved by such official,

assets available for discharge of its United States insurance

obligations, which assets shall be in amount not less than the

outstanding liabilities of the insurer arising out of its insurance

transactions in the United States, together with the largest deposit

required by this Code to be made in this state by any type of

domestic insurer transacting like kinds of insurance.

D. Any securities deposited by insurers shall be issued to the

Commissioner and the insurer and shall not be released by any

company holding such security without the signatures of the

Commissioner and the authorized insurer's personnel. Failure of any

company holding such security to comply with this subsection may

result, after hearing by the proper licensing authority, in a fine

of not more than Twenty-five Thousand Dollars ($25,000.00) per

occurrence.
Okla. Stat. tit. 36, § 36-952 — OK Code / Title 36 / Section 36-952
Definitions
Status: in_force

As used in this act:

Oklahoma Statutes - Title 36. Insurance Page 213

1. “Adverse action” means a denial or cancellation of, an

increase in any charge for, or a reduction or other adverse or

unfavorable change in the terms of coverage or amount of, any

insurance, existing or applied for, in connection with the

underwriting of personal insurance;

2. “Affiliate” means any company that controls, is controlled

by, or is under common control with another company;

3. “Applicant” means an individual who has applied to be

covered by a personal insurance policy with an insurer;

4. “Consumer” means an insured whose credit information is used

or whose insurance score is calculated in the underwriting or rating

of a personal insurance policy or an applicant for such a policy;

5. “Consumer reporting agency” means any person which, for

monetary fees, dues, or on a cooperative nonprofit basis, regularly

engages in whole or in part in the practice of assembling or

evaluating consumer credit information or other information on

consumers for the purpose of furnishing consumer reports to third

parties;

6. “Credit information” means any credit-related information

derived from a credit report, found on a credit report itself, or

provided on an application for personal insurance. Information that

is not credit-related shall not be considered "credit information”,

regardless of whether it is contained in a credit report or in an

application, or is used to calculate an insurance score;

7. “Credit report” means any written, oral, or other

communication of information by a consumer reporting agency bearing

on a consumer’s credit worthiness, credit standing or credit

capacity which is used or expected to be used or collected in whole

or in part for the purpose of serving as a factor to determine

personal insurance premiums, eligibility for coverage, or tier

placement;

8. “Insurance score” means a number or rating that is derived

from an algorithm, computer application, model, or other process

that is based in whole or in part on credit information for the

purposes of predicting the future insurance loss exposure of an

individual applicant or insured; and

9. “Personal insurance” means private passenger automobile,

homeowners, motorcycle, mobile-homeowners and noncommercial dwelling

fire insurance policies and boat, personal watercraft, snowmobile

and recreational vehicle policies. Such policies must be

individually underwritten for personal, family or household use. No

other type of insurance shall be included as personal insurance for

the purpose of this act.
Okla. Stat. tit. 36, § 36-6655 — OK Code / Title 36 / Section 36-6655
Warranty reimbursement insurance policy requirements
Status: in_force

No warranty reimbursement insurance policy shall be issued,

sold, or offered for sale in this state unless the policy meets the

conditions set forth in this section and the Insurance Commissioner

has not disapproved the policy.

1. The policy states that the issuer of the policy shall

reimburse or pay on behalf of the vehicle protection product

warrantor all covered sums which the warrantor is legally obligated

to pay or shall provide all service that the warrantor is legally

Oklahoma Statutes - Title 36. Insurance Page 1333

obligated to perform according to the warrantor’s contractual

obligations under the provisions of the insured warranties issued by

the warrantor.

2. The policy states that in the event payment due under the

terms of the warranty is not provided by the warrantor within sixty

(60) days after proof of loss has been filed according to the terms

of the warranty by the warranty holder, the warranty holder may file

directly with the warranty reimbursement insurance company for

reimbursement.

3. The policy provides that a warranty reimbursement insurance

company that insures a warranty shall be deemed to have received

payment of the premium if the warranty holder paid for the vehicle

protection product and the insurer’s liability under the policy

shall not be reduced or relieved by a failure of the warrantor, for

any reason, to report the issuance of a warranty to the insurer.

4. The policy has the following provisions regarding

cancellation of the policy:

a. the issuer of a reimbursement insurance policy shall

not cancel such policy until a notice of cancellation

in writing has been mailed or delivered to the

Insurance Commissioner and each insured warrantor,

b. the cancellation of a reimbursement insurance policy

shall not reduce the issuer’s responsibility for

vehicle protection products sold prior to the date of

cancellation, and

c. in the event an insurer cancels a policy that a

warrantor has filed with the Commissioner, the

warrantor shall do either of the following:

(1) file a copy of a new policy with the

Commissioner, before the termination of the prior

policy, providing no lapse in coverage following

the termination of the prior policy, and

(2) discontinue offering warranties as of the

termination date of the policy until a new policy

becomes effective and is accepted by the

Commissioner.
Okla. Stat. tit. 36, § 36-6470.24.2 — OK Code / Title 36 / Section 36-6470.24.2
Inspection and preservation of records
Status: in_force

A. Unless otherwise approved by the Commissioner, a captive

insurance company formed under the provisions of this act shall

maintain its books, records, documents, accounts, vouchers and

agreements in this state.

A captive insurance company shall make its books, records,

documents, accounts, vouchers and agreements available for

inspection by the Commissioner at any time. A captive insurance

company shall keep its books, records, documents, accounts, vouchers

and agreements in such manner that its financial condition, affairs

and operations can be readily ascertained and in such manner that

the Commissioner may readily verify its financial statements and

determine its compliance with this act.

Oklahoma Statutes - Title 36. Insurance Page 1229

B. Unless otherwise approved by the Commissioner, all original

books, records, documents, accounts, vouchers and agreements of a

captive insurance company formed under the provisions of this act

must be preserved and kept available in this state for the purpose

of examination and inspection until the Commissioner approves the

destruction or other disposition of the books, records, documents,

accounts, vouchers and agreements. If the Commissioner approves the

preservation and keeping of the foregoing outside this state, the

captive insurance company shall maintain a complete and true copy of

each such original in the state. Books, records, documents,

accounts, vouchers and agreements may be photographed, reproduced on

film or stored and reproduced electronically.
Okla. Stat. tit. 36, § 36-1605 — OK Code / Title 36 / Section 36-1605
Investments in any one person
Status: in_force

An insurer shall not, except with the consent of the Insurance

Commissioner, have at any one time any combination of checking

account moneys, investments in or loans upon the security of the

obligations, property, or securities of any one person, institution,

corporation, or municipal corporation, aggregating an amount

exceeding ten percent (10%) of the insurer's admitted assets. This

Oklahoma Statutes - Title 36. Insurance Page 430

restriction shall not apply to investments in or loans upon the

security of general obligations of the United States or any state of

the United States or include policy loans made under Section 1619 of

this title, or investments made under Section 1616 of this title.
Okla. Stat. tit. 36, § 36-660.11 — OK Code / Title 36 / Section 36-660.11
Policyholder membership interests
Status: in_force

A. The membership interests of the policyholders of the

resulting company become membership interests in the mutual holding

company. Eligible members of the converting company become members

of the mutual holding company in accordance with the articles of

incorporation and bylaws of the mutual holding company.

B. A membership interest in a mutual holding company does not

constitute a security, defined as:

1. A limited partner interest in a limited partnership;

2. A share;

3. A stock;

4. A treasury stock;

5. A stock certificate under a voting trust agreement;

6. A collateral trust certificate;

7. An equipment trust certificate;

8. A preorganization certificate or receipt;

9. A subscription or reorganization certificate;

Oklahoma Statutes - Title 36. Insurance Page 175

10. A note, bond, debenture, mortgage certificate, or other

evidence of indebtedness;

11. Any form of commercial paper;

12. A certificate in or under a profit-sharing or participation

agreement;

13. A certificate or instrument representing an interest in or

under an oil, gas, or mining lease, fee, or title;

14. A certificate or instrument representing or secured by an

interest in any of the capital, property, assets, profits, or

earnings of a company;

15. An investment contract; and

16. Any other instrument commonly known as a security,

regardless of whether the instrument is similar to another

instrument listed in this subsection.

This applies regardless of whether the security is evidenced by

a written instrument. This definition does not include an insurance

policy, endowment policy, annuity contract, or optional annuity

contract, or any contract or agreement in relation to and in

consequence of any such policy or contract, issued by an insurance

company subject to the supervision or control of the Oklahoma

Insurance Department when the form of such policy or contract has

been filed with the Department as required by law.
Okla. Stat. tit. 36, § 36-3620 — OK Code / Title 36 / Section 36-3620
Validity of noncomplying forms
Status: in_force

Any insurance policy, rider, or endorsement hereafter issued and

otherwise valid which contains any condition or provision not in

compliance with the requirements of this Code, shall not be thereby

rendered invalid but shall be construed and applied in accordance

with such conditions and provisions as would have applied had such

policy, rider, or endorsement been in full compliance with this

Code.
Okla. Stat. tit. 36, § 36-4604 — OK Code / Title 36 / Section 36-4604
Direct primary care membership agreement
Status: in_force

A. This act shall be known and may be cited as the "Health Care

Empowerment Act".

B. Nothing in state law shall be construed as prohibiting a

patient or legal representative from seeking care outside of an

insurance plan, or outside of the Medicaid or Medicare program, and

paying for such care.

C. Nothing in state law shall be construed as prohibiting a

physician, other medical professional or a medical facility from

accepting payment for services or medical products outside of an

insurance plan. Nothing in state law shall be construed as

prohibiting a physician, other medical professional or a medical

facility from accepting payment for services or medical products to

a Medicaid or Medicare beneficiary, provided that such physician,

medical professional or medical facility has opted out of Medicare.

As used in this section, "medical products" include, but are not

limited to, medical drugs and pharmaceuticals.

D. A patient or legal representative shall not forfeit

insurance benefits, Medicaid benefits or Medicare benefits by

purchasing medical services or medical products outside the system.

E. The offer and provision of medical services or medical

products purchased and provided under this act shall not be deemed

an offer of insurance nor regulated by the insurance laws of the

state.

F. Providers must disclose the text of the Enrollee Hold

Harmless Clause, or its equivalent, in insurance or managed care

provider contracts to patients or legal representatives if

authorization for services or claims is denied, together with a

plain-English explanation of its meaning.
Okla. Stat. tit. 36, § 36-2133 — OK Code / Title 36 / Section 36-2133
Mergers and consolidations, mutual insurers
Status: in_force

A. A domestic mutual insurer shall not merge or consolidate

with a stock insurer.

B. A domestic mutual insurer may merge or consolidate with

another mutual insurer in accordance with procedures prescribed by

general laws applying to corporations formed for profit, except as

hereinbelow provided.

C. The plan and agreement for merger or consolidation shall be

submitted to and approved by at least two-thirds (2/3) of the

members of each mutual insurer involved voting thereon at meetings

called for the purpose pursuant to such reasonable notice and

procedure as has been approved by the Commissioner.

D. No such merger or consolidation shall be effectuated unless

in advance thereof the plan and agreement therefor have been filed

with and approved in writing by the Insurance Commissioner. The

Commissioner shall give such approval within a reasonable time after

such filing unless he finds such plan or agreement:

1. Inequitable to the policyholders of any domestic insurer

involved; or

2. Would substantially reduce the security of and service to be

rendered to policyholders of the domestic insurer in Oklahoma or

elsewhere.

E. If the Commissioner does not approve such plan or agreement,

he shall so notify the insurer in writing, specifying his reasons

therefor.
Okla. Stat. tit. 36, § 36-6470.20 — OK Code / Title 36 / Section 36-6470.20
Sanctions
Status: in_force

A captive insurance company failing to make returns or to pay

all taxes required by this section is subject to sanctions provided

in the Oklahoma Insurance Code.
Okla. Stat. tit. 36, § 36-1446 — OK Code / Title 36 / Section 36-1446
Advertising
Status: in_force

An administrator shall obtain approval from an insurer or trust

before publishing any advertising pertaining to the business

underwritten by the insurer or trust. For purposes of this section,

"publication" includes mailing of advertising material.
Okla. Stat. tit. 36, § 36-1257 — OK Code / Title 36 / Section 36-1257
Renumbered as § 1250.8 of this title by Laws 1994, c
Status: in_force

342, § 20, eff. Sept. 1, 1994.
Okla. Stat. tit. 36, § 36-6565 — OK Code / Title 36 / Section 36-6565
Civil fines
Status: in_force

For any violation of the provisions of the Hospital and Medical

Services Utilization Review Act or any rule adopted pursuant

thereto, the Insurance Commissioner may, upon notice and hearing,

subject a person or entity to a civil fine of not less than One

Hundred Dollars ($100.00) nor more than One Thousand Dollars

($1,000.00) for each occurrence.
Okla. Stat. tit. 36, § 36-606 — OK Code / Title 36 / Section 36-606
Authority to transact insurance required
Status: in_force

A. No person shall act as an insurer and no insurer shall

transact insurance in Oklahoma except as authorized by a subsisting

authority granted to it by the Insurance Commissioner, except as to

such transactions as are expressly otherwise provided for in this

Code.

Oklahoma Statutes - Title 36. Insurance Page 122

B. No such authority shall be required for an insurer, formerly

so licensed in Oklahoma and now licensed in another state as a

resident insurer or who has merged with an insurer in another state,

to enable it to investigate and settle losses under its policies

lawfully written in Oklahoma, or to liquidate such assets and

liabilities of the insurer (other than collection of new premiums)

as may have resulted from its former authorized operations in

Oklahoma.

C. An insurer, who has relocated in another state or has merged

with an insurer in another state and is not transacting new

insurance business in Oklahoma but continuing collection of premiums

on and servicing of policies remaining in force as to residents of

or risks located in Oklahoma, is transacting insurance in Oklahoma

for the purpose of premium tax requirements only and is not required

to have a certificate of authority therefor. This subsection shall

not apply to insurers which have withdrawn from Oklahoma prior to

the effective date of this Code.

D. As to an insurance coverage on a subject of insurance not

resident, located, or expressly to be performed in Oklahoma at time

of issuance, and solicited, written, and delivered outside Oklahoma

at the time of issuance, no such authority shall be required of an

insurer as to subsequent transactions in Oklahoma on account

thereof, and the provisions of this Code shall not apply to such

insurance or insurance coverage, except for the purpose of premium

tax requirements.
Okla. Stat. tit. 36, § 36-608.2 — OK Code / Title 36 / Section 36-608.2
Assigned risk plan for employers unable to procure
Status: in_force

coverage in the voluntary market.

A. The Insurance Commissioner shall develop and administer an

assigned risk plan to provide workers' compensation insurance

coverage to employers who are unable to procure coverage in the

voluntary market. In addition to the requirements of subsection B

Oklahoma Statutes - Title 36. Insurance Page 128

of this section, the plan shall include but not be limited to

qualifications for and termination of coverage.

B. To qualify for coverage under the plan, an employer shall

have been declined coverage by at least two unaffiliated insurers

and shall provide documentation to the Commissioner that the

unaffiliated insurers are unwilling to provide coverage at any

premium level that is reasonably related to the risk presented by

the employer.

C. Any employer satisfying the requirements of subsection B of

this section, and any other qualifications established by the

Commissioner, shall be provided coverage at a premium level to be

determined or approved by the Insurance Commissioner. Premiums

shall be actuarially sound, consistent with industry standards for

classification and rate-making methodologies and calculated to

enable the plan to be self-sustaining and able to operate without

subsidies from employers and insurers in the voluntary market, to

the extent possible. Rates shall not be excessive, inadequate or

unfairly discriminatory, pursuant to Section 902 of Title 36 of the

Oklahoma Statutes.

D. The Insurance Commissioner may designate a third party

including a private carrier or rating organization with substantial

experience in developing and administering similar programs in other

states, to develop and administer the assigned risk plan for a

three-year period beginning on the effective date of this act.

Following this period, the Commissioner shall contract with the same

or another qualified third party to continue the administration of

the assigned risk plan; provided, however, that the Commissioner

shall approve the plan prior to the plan becoming operative. The

plan established pursuant to this section shall require that all

private carriers participate as a condition of their authority to

transact business in this state.

E. Prior to the operation of the plan established pursuant to

the provisions of this section, but in no event later than June 1,

2024, CompSource Mutual Insurance Company, a private, domestic

mutual insurance company incorporated in this state and regulated by

the Insurance Department, successor-in-interest to CompSource

Oklahoma, shall serve as the residual market mechanism for those

insureds who would otherwise be in the assigned risk plan.
Okla. Stat. tit. 36, § 36-1805 — OK Code / Title 36 / Section 36-1805
Appointment of conservator; duties
Status: in_force

A. If, after notice and hearing, at the conclusion of the 90-

day period the Commissioner determines that the insurer has failed

to comply with his lawful requirements, or upon consent of the

insurer, he may appoint a conservator, who shall immediately:

1. Take charge of such insurer and all of the property, books,

records and effects;

2. Conduct its business; and

3. Take such other steps toward the removal of the causes and

conditions which have necessitated such order, as the Commissioner

may direct.

B. During the pendency of conservatorship, the conservator

shall make such reports as may be required by the Commissioner, and

may:

1. Take all necessary measures to preserve, protect and recover

any assets or property of such insurer including claims or causes of

action belonging to orwhich may be asserted by such insurer in his

own name as conservator; and

2. File, prosecute and defend any legal actions which have been

filed, or which may thereafter be filed, by or against such insurer,

as he deems necessary to protect all of the interested parties or

any property affected thereby. The conservator shall file all

quarterly and annual reports required by the Oklahoma Insurance Code

and in the same manner as the insurer.

Oklahoma Statutes - Title 36. Insurance Page 527

C. If upon appointment of a conservator or at any time during

the pendency of such conservatorship it appears that the insurer can

best be protected by reinsuring the same, the conservator may, with

the approval of the Commissioner, after appraisal of all assets of

the insurer:

1. Reinsure all or part of such insurer's policies or

certificates of insurance with any solvent insurers authorized to

transact business in this state; and

2. To the extent that such insurer is possessed of reserves

attributable to such policies or certificates of insurance, transfer

to the reinsuring company such reserves or any portion thereof as

may be required to consummate the reinsurance of such policies,

which transfer of reserves shall not be deemed a preference of

creditors.

D. If the Commissioner is satisfied that the insurer is not in

condition to continue business in the interest of its policy or

certificate holders, under the conservator, the Commissioner shall

apply to the appropriate court for an order appointing him as

receiver for the insurer, under the provisions of Article 18 of this

title. It shall be in the discretion of the Commissioner to

determine whether or not he will operate the insurance company

through a conservator, as provided above, or apply for an order

appointing him receiver.

E. The cost incident to the supervisor's and conservator's

service shall be fixed by the Commissioner and paid from the assets

and funds of the insurer as the Commissioner may determine. The

cost of the supervisor's or conservator's service must be reasonable

under the circumstances and shall continue no longer than necessary

to preserve the assets of the insurer, certificate holders and the

policyholders. All legal work required under this act shall be

performed by the Commissioner, his employees or special attorneys

employed by the Commissioner. The cost of such attorneys' services

must be reasonable under the circumstances and shall be paid from

the assets and funds of the insurer to the Commissioner.

F. The supervision or conservation may continue until the

Commissioner (1) feels certain that the insurer has corrected any

deficiencies that caused the supervision or conservation, or (2) a

receivership has been granted by the Court.
Okla. Stat. tit. 36, § 36-4082 — OK Code / Title 36 / Section 36-4082
Issuance of annuities not to constitute certain
Status: in_force

agreements, contracts or combinations.

The issuance of a qualified charitable gift annuity by a

qualified charitable organization is not an act, agreement,

contract, or combination in the form of trust, or otherwise, or

conspiracy in restraint of trade or commerce within this state.
Okla. Stat. tit. 36, § 36-3623.2 — OK Code / Title 36 / Section 36-3623.2
Death of insured – Refund of premiums
Status: in_force

A. Premiums paid for coverage of life, accident and health

insurance shall be refunded from the date of death of the insured to

the premium due date.

1. The refund of premium shall be on a daily pro-rata basis.

2. Premium refunds shall be provided within ninety (90) days

from the date of valid proof of loss has been received.

B. As it pertains to this section, life, accident and health

insurance coverage shall include any policy, contract, plan or

agreement of life, accident and health insurance, or subscriber

certificates of life or medical care corporations, health care

corporations, hospital service associations, or health care

maintenance organizations, delivered or issued for delivery in this

state by any insurer; any certificate, contract or policy issued by

a fraternal benefit society; any policy or certificate issued

pursuant to a group insurance policy delivered or issued for

delivery in this state; and any evidence of coverage issued by a

health maintenance organization. Life, accident and health

insurance coverage shall include long-term care, dental, vision and

disability insurance policies and certificates.
Okla. Stat. tit. 36, § 36-6958 — OK Code / Title 36 / Section 36-6958
Short title - Patient's Right to Pharmacy Choice Act
Status: in_force

This act shall be known and may be cited as the "Patient's Right

to Pharmacy Choice Act".
Okla. Stat. tit. 36, § 36-1435.13a — OK Code / Title 36 / Section 36-1435.13a
Property and casualty insurance producers - Fiduciary
Status: in_force

duties - Violation - Punishment.

A. The provisions of this section shall apply only to property

and casualty insurance producers. All premiums belonging to

insurers and all unearned premiums belonging to insureds received by

an insurance producer licensee under this article shall be treated

by the insurance producer licensee in a fiduciary capacity.

1. All premiums received less commissions, if authorized, shall

be remitted by the insurance producer licensee to the insurer or its

agent entitled thereto on or before the contractual due date or, if

there is no contractual due date, within forty-five (45) days after

receipt.

2. All returned premiums received from insurers or credited by

insurers to the account of the insurance producer licensee shall be

remitted to or credited to the account of the licensee entitled

thereto within thirty (30) days after receipt or credit.

3. An insurer or its agent shall promptly report to the

Commissioner in writing the failure of any insurance producer to

account for any collected premium to the insurer entitled to the

accounting or to the insurer’s agent entitled thereto for more than

forty-five (45) days after the contractual due date or, if there is

no contractual due date, more than ninety (90) days after receipt.

B. Every insurer shall remit unearned premiums to the insured

or the proper agent or shall otherwise credit the account of the

proper insurance producer licensee as soon as is practicable after

entitlement thereto has been established but in no event more than

forty-five (45) days after the effective date of any cancellation or

termination effected by the insurer or after the date of entitlement

Oklahoma Statutes - Title 36. Insurance Page 347

thereto as established by notification of cancellation or of

termination or as otherwise established. Any insurance producer

licensee having knowledge of a failure on the part of any insurer to

comply with this subsection shall promptly report such failure to

the Commissioner in writing.

C. No insurance producer licensee under this article shall

commingle premiums belonging to insurers and returned premiums

belonging to insureds with the personal funds of the insurance

producer licensee or with any other funds except those directly

connected with the producer licensee’s insurance business.

D. Any insurer that delivers in this state a policy of

insurance to an insurance producer licensee representing the

interest of an insured upon the application or request of the

insurance producer licensee shall be deemed to have authorized the

producer to receive any premium due upon issuance or delivery of the

policy on behalf of the insurer.

E. 1. An insurance producer licensee or surplus line producer

convicted of knowingly misappropriating or knowingly converting to

his or her own use or wrongfully withholding fiduciary moneys in the

amount of One Hundred Fifty Dollars ($150.00) or less is guilty of a

misdemeanor punishable by a fine not to exceed One Thousand Dollars

($1,000.00) or by imprisonment in the county jail for a term not to

exceed one year or by both such fine and imprisonment.

2. An insurance producer licensee or surplus line producer with

a second or subsequent conviction for knowingly misappropriating or

knowingly converting to his or her own use or wrongfully withholding

fiduciary moneys in the amount of One Hundred Fifty Dollars

($150.00) or less or who is convicted of knowingly misappropriating

or knowingly converting to his or her own use or wrongfully

withholding premiums in an amount in excess of One Hundred Fifty

Dollars ($150.00) is guilty of a felony punishable by a fine not to

exceed Five Thousand Dollars ($5,000.00) or by imprisonment in the

custody of the Department of Corrections for a term not to exceed

five (5) years or by both such fine and imprisonment.

F. The Commissioner may promulgate rules for the implementation

of this section.
Okla. Stat. tit. 36, § 36-2918 — OK Code / Title 36 / Section 36-2918
Financial conditions; method of determining
Status: in_force

In determining the financial condition of a reciprocal insurer

the Insurance Commissioner shall apply the following rules:

1. The Commissioner shall charge as liabilities the same

reserves as are required of incorporated insurers issuing

nonassessable policies on a reserve basis.

2. The surplus deposits of subscribers shall be allowed as

assets, except that any premium deposit delinquent for ninety (90)

days shall first be charged against such surplus deposit.

3. The surplus deposits of subscribers shall not be charged as

a liability.

4. All premium deposits delinquent less than ninety (90) days

shall be allowed as assets.

5. An assessment levied upon subscribers, and not collected,

shall not be allowed as an asset.

6. The contingent liability of subscribers shall not be allowed

as an asset.

7. The computation of reserves shall be based upon premium

deposits other than membership fees and without any deduction for

the compensation of the attorney.
Okla. Stat. tit. 36, § 36-3106 — OK Code / Title 36 / Section 36-3106
Examination of financial condition
Status: in_force

A. Whenever the Insurance Commissioner deems it to be prudent

or necessary the Commissioner shall personally, or by an authorized

representative, visit each motor service club and thoroughly inspect

and examine its financial condition, its ability to fulfill its

obligations, whether it has complied with the provisions of this act

Oklahoma Statutes - Title 36. Insurance Page 760

and any other facts relative to its business methods, management and

the equity of its dealings with its members.

B. Every motor service club shall furnish to the Commissioner,

on or before July 1 of each year, on blanks prescribed and furnished

by the Commissioner, a statement which shall exhibit the financial

condition of the company as of December 31 of the previous calendar

year. Such statements shall be subscribed and sworn to by the

president and secretary or two other proper officers of the company.
Okla. Stat. tit. 36, § 36-6674 — OK Code / Title 36 / Section 36-6674
Portable electronics insurance - Violations of act
Status: in_force

A. If a vendor of portable electronics or its employee or

authorized representative violates any provision of Sections 1

through 7 of this act, the Insurance Commissioner may:

1. After notice and hearing, impose fines not to exceed Five

Hundred Dollars ($500.00) per violation or Five Thousand Dollars

($5,000.00) in the aggregate for such conduct; or

2. After notice and hearing, impose other penalties that the

Commissioner deems necessary and reasonable to carry out the purpose

of Sections 1 through 7 of this act, including:

a. suspending the privilege of transacting portable

electronics insurance pursuant to Sections 1 through 7

of this act at specific business locations where

violations have occurred, and

b. suspending or revoking the ability of individual

employees or authorized representatives to act under

the license.
Okla. Stat. tit. 36, § 36-605 — OK Code / Title 36 / Section 36-605
"Charter" defined
Status: in_force

"Charter" means articles of incorporation, of agreement, of

association, or other basic constituent document of a corporation,

subscribers' agreement and power of attorney of a reciprocal

insurer, or underwriters' agreement and power of attorney of a

Lloyd's insurer.
Okla. Stat. tit. 36, § 36-1501 — OK Code / Title 36 / Section 36-1501
"Assets" defined
Status: in_force

In any determination of the financial condition of an insurer,

there shall be allowed as assets only such assets as are owned by

the insurer and which consist of:

1. Cash in the possession of the insurer, or in transit under

its control, and including the true balance of any deposit in a

solvent bank or trust company.

2. Investments, securities, properties and loans acquired or

held in accordance with this Code, and in connection therewith the

following items:

(a) Interest due or accrued on any bond or evidence of

indebtedness which is not in default and which is not valued on a

basis including accrued interest.

(b) Declared and unpaid dividends on stock and shares, unless

such amount has otherwise been allowed as an asset.

(c) Interest due or accrued upon a collateral loan in an amount

not to exceed one (1) year's interest thereon.

(d) Interest due or accrued on deposits in solvent banks and

trust companies, and interest due or accrued on other assets, if

such interest is in the judgment of the Insurance Commissioner a

collectible asset.

(e) Interest due or accrued on a mortgage loan, in an amount not

exceeding in any event the amount, if any, of the excess of the

value of the property less delinquent taxes thereon over the unpaid

principal; but in no event shall interest accrued for a period in

excess of eighteen (18) months be allowed as an asset.

(f) Rent due or accrued on real property if such rent is not in

arrears for more than three (3) months, and rent more than three (3)

months in arrears if the payment of such rent be adequately secured

Oklahoma Statutes - Title 36. Insurance Page 384

by property held in the name of the tenant and conveyed to the

insurer as collateral.

(g) The unaccrued portion of taxes paid prior to the due date on

real property.

3. Premium notes, policy loans, and other policy assets and

liens on policies and certificates of life insurance and annuity

contracts and accrued interest thereon, in an amount not exceeding

the legal reserve and other policy liabilities carried on each

individual policy.

4. The net amount of uncollected and deferred premiums and

annuity considerations in the case of a life insurer.

5. Premiums in the course of collection, other than for life

insurance, not more than three (3) months past due, less commissions

payable thereon. The foregoing limitation shall not apply to

premiums payable directly or indirectly by the United States

government or by any of its instrumentalities.

6. Installment premiums other than life insurance premiums to

the extent of the unearned premium reserves carried thereon.

7. Notes and like written obligations not past due, taken for

premiums other than life insurance premiums, on policies permitted

to be issued on such basis, to the extent of the unearned premium

reserves carried thereon.

8. The full amount of reinsurance recoverable by a ceding

insurer from a solvent reinsurer and which reinsurance is authorized

under Section 711 of Article 7 (Kinds of Insurance; Reinsurance;

Limits of Risk).

9. Amounts receivable by an assuming insurer representing funds

withheld by a solvent ceding insurer under a reinsurance treaty.

10. Deposits or equities recoverable from underwriting

associations, syndicates and reinsurance funds, or from any

suspended banking institution, to the extent deemed by the Insurance

Commissioner available for the payment of losses and claims and at

values to be determined by him.

11. All assets, whether or not consistent with the provisions

of this section, as may be allowed pursuant to the annual statement

form approved by the national association of insurance commissioners

for the kinds of insurance to be reported upon therein.

12. Rebates determined and accrued pursuant to Section 2 of

this act.

13. Other assets, not inconsistent with the provisions of this

section, deemed by the Insurance Commissioner to be available for

the payment of losses and claims, at values to be determined by the

Commissioner.
Okla. Stat. tit. 36, § 36-679 — OK Code / Title 36 / Section 36-679
Implementation by licensee
Status: in_force

Licensees shall have one (1) year from the effective date of

this act to implement Section 4 of this act and two (2) years from

the effective date of this act to implement subsection F of Section

4 of this act.
Okla. Stat. tit. 36, § 36-6459 — OK Code / Title 36 / Section 36-6459
Effectuation of purchase through licensed broker or agent
Status: in_force

– Notice of risks not covered – Deductibles or self-insured

retention – Aggregate limits standards.

A. A purchasing group shall not purchase insurance from a risk

retention group that is not chartered in a state or from an insurer

not licensed to transact insurance in this state, unless the

purchase is effected through a licensed agent or broker acting

pursuant to the surplus lines laws and regulations of this state.

B. A purchasing group which obtains liability insurance from an

insurer not admitted in this state or a risk retention group shall

inform each of the members of the group which has a risk resident or

located in this state that the risk is not protected by an insurance

insolvency guaranty fund in this state and that the risk retention

group or the insurer may not be subject to all insurance laws and

regulations of this state.

C. No purchasing group may purchase insurance providing for a

deductible or self-insured retention applicable to the group as a

Oklahoma Statutes - Title 36. Insurance Page 1206

whole. However, coverage may provide for a deductible or self-

insured retention applicable to individual members.

D. Purchases of insurance by purchasing groups are subject to

the same standards regarding aggregate limits which are applicable

to all purchases of group insurance.
Okla. Stat. tit. 36, § 36-3648 — OK Code / Title 36 / Section 36-3648
Date for compliance with act
Status: in_force

The provisions of the Life, Accident and Health Insurance Policy

Language Simplification Act shall apply to all policy forms subject

to said act filed on or after January 1, 1990, and no policy form

shall be delivered or issued for delivery in this state on or after

January 1, 1992, unless approved by the Commissioner or otherwise

permitted to be issued. Any policy form that has been approved or

permitted to be issued prior to January 1, 1992, that meets the

standards established need not be refiled for approval, but may

Oklahoma Statutes - Title 36. Insurance Page 823

continue to be lawfully delivered or issued for delivery in this

state upon the filing with the Commissioner of a list of such forms

identified by form number and accompanied by a certificate which may

list all forms submitted concurrently in the manner provided in

subsection D of Section 3645 of this title.
Okla. Stat. tit. 36, § 36-2621 — OK Code / Title 36 / Section 36-2621
Selection of licensed psychologist or licensed and
Status: in_force

certified clinical social worker - Definitions.

A. If the terms of any plan, agreement, or service contract,

issued under the provisions of this article, cover services within

the lawful scope of practice of a licensed psychologist, or licensed

and certified clinical social worker then:

1. Such services may be performed by any person licensed to do

so in this state as provided in subsection B of this section.

2. Selection of such a psychologist or social worker may be

made by a subscriber under the plan, agreement or service contract

and, provided other conditions are met, reimbursement shall not be

denied when service is rendered by a person so licensed.

3. The provisions of this section shall apply to the plans,

agreements, or service contracts which are delivered, amended,

renewed, ratified, or issued for delivery in Oklahoma after October

1, 1982.

4. Any provision, exclusion, or limitation of a plan,

agreement, or service contract that denies an insured the privilege

of selecting such a psychologist or social worker shall, to the

extent of the denial, be void, but such void provision shall not

affect the validity of the other provisions of the plan, agreement,

or service contract.

B. For purposes of this section:

1. "Licensed psychologist" means a person licensed and

complying with the Psychologists Licensing Act, Sections 1351

through 1375 of Title 59 of the Oklahoma Statutes; and

2. "Licensed and certified clinical social worker" means a

person licensed and complying with the Social Workers' Licensing

Act, Sections 1250.1 (3) and 1261.1 (B) of Title 59 of the Oklahoma

Statutes.Oklahoma Statutes - Title 36. Insurance Page 18

Oklahoma Statutes - Title 36. Insurance Page 19
Okla. Stat. tit. 36, § 36-942 — OK Code / Title 36 / Section 36-942
Motor vehicle liability or collision policies - Traffic
Status: in_force

record as basis of determination - Penalties.

Any insurance carrier that issues motor vehicle liability or

collision insurance policies in this state shall not establish or

apply premium rates, increase premium rates, cancel a policy, or

refuse to issue or renew a policy, based on any traffic record

maintained by the Department of Public Safety which covers a period

of time more than three (3) years prior to the date the insurance

carrier makes a determination to take any such action; provided

however, those offenses that are provided for in subsection C of

Section 941 of this title and the offense of reckless driving as

provided for in Section 11-901 of Title 47 of the Oklahoma Statutes

may be considered by an insurance carrier for a period of not more

than five (5) years.
Okla. Stat. tit. 36, § 36-6570.11 — OK Code / Title 36 / Section 36-6570.11
Severability
Status: in_force

If any provision of this act or the application thereof to any

person or circumstance is held invalid, such invalidity shall not

affect other provisions or applications of the act which can be

given effect without the invalid provision or application, and to

this end, the provisions of this act are declared to be severable.
Okla. Stat. tit. 36, § 36-2725.1 — OK Code / Title 36 / Section 36-2725.1
Standard of valuation
Status: in_force

A. Standards of valuation for certificates issued prior to one

(1) year after the effective date of this act shall be those

provided by the laws applicable immediately prior to the effective

date of this act.

B. The minimum standards of valuation for certificates issued

on or after one (1) year from the effective date of this act shall

be based on the following tables:

1. For certificates of life insurance - the Insurance

Commissioner's 1941 Standard Ordinary Mortality Table, the

Commissioner's 1941 Standard Industrial Mortality Table, the

Commissioner's 1958 Standard Ordinary Mortality Table, the

Commissioner's 1980 Standard Ordinary Mortality Table or any more

recent table made applicable to life insurers; and

Oklahoma Statutes - Title 36. Insurance Page 728

2. For annuity and pure endowment certificates, for total and

permanent disability benefits, for accidental death benefits and for

noncancellable accident and health benefits - such tables as are

authorized for use by life insurers in this state.

All of the above shall be under valuation methods and standards,

including interest assumptions, in accordance with the laws of this

state applicable to life insurers issuing policies containing like

benefits.

C. The Insurance Commissioner may, in his or her discretion,

accept other standards for valuation if the Commissioner finds that

the reserves produced thereby will not be less in the aggregate than

reserves computed in accordance with the minimum valuation standard

herein prescribed. The Commissioner may, in his or her discretion,

vary the standards of mortality applicable to all benefit contracts

on substandard lives or other extrahazardous lives by any society

authorized to do business in this state.

D. Any society, with the consent of the commissioner of

insurance of the state of domicile of the society and under such

conditions, if any, which such commissioner may impose, may

establish and maintain reserves on its certificates in excess of the

reserves required thereunder, but the contractual rights of any

benefit member shall not be affected thereby.
Okla. Stat. tit. 36, § 36-6965 — OK Code / Title 36 / Section 36-6965
Power and authority to investigate, examine, and enforce
Status: in_force

A. The Attorney General shall have power and authority to

examine and investigate the affairs of every pharmacy benefits

manager (PBM) engaged in pharmacy benefits management in this state

in order to determine whether such entity is in compliance with the

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

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

Statutes.

B. The Attorney General shall have the power and authority to

subpoena witnesses and records, whether prior to or during an

investigation or prosecution of a complaint, from any relevant

entity or persons to ensure compliance with the Patient’s Right to

Pharmacy Choice Act, the Pharmacy Audit Integrity Act, and Sections

357 through 360 of Title 59 of the Oklahoma Statutes.

C. All PBM files and records shall be subject to examination by

the Attorney General or by duly appointed designees. The Attorney

General, authorized employees and examiners shall have access to any

of a PBM’s files and records that may relate to a particular

complaint under investigation or to an inquiry or examination by the

Attorney General.

D. Every officer, director, employee or agent of the PBM, upon

receipt of any inquiry from the Attorney General, shall, within

twenty (20) days from the date the inquiry is sent, furnish the

Attorney General with an adequate response to the inquiry.

E. When making an examination under this section, the Attorney

General may retain subject matter experts, attorneys, appraisers,

independent actuaries, independent certified public accountants or

an accounting firm or individual holding a permit to practice public

accounting, certified financial examiners or other professionals and

specialists as examiners, the cost of which shall be borne by the

PBM that is the subject of the examination.

Oklahoma Statutes - Title 36. Insurance Page 1439

F. 1. Protected health information (PHI) held by a PBM shall

be provided at the request of the Attorney General for the purpose

of conducting investigations into potential violations of state laws

and regulations related to the PBM. Disclosure of protected health

information shall be limited to the extent necessary for the

investigation and enforcement of state law.

2. All disclosures of protected health information shall be

made in compliance with all applicable federal and state privacy

laws, including the Health Insurance Portability and Accountability

Act of 1996 (HIPAA), and other relevant laws protecting the privacy

and confidentiality of health information.

3. Any protected health information obtained for an

investigation shall be handled and maintained per applicable federal

and state privacy laws and regulations, including HIPAA.

4. Unauthorized disclosure of protected health information

obtained during an investigation is strictly prohibited and subject

to legal penalties.

G. 1. If the Attorney General, after notice and opportunity

for hearing, finds that any PBM operating within this state has not

fully cooperated with an investigation or inquiry conducted by the

Attorney General related to compliance with the Patient’s Right to

Pharmacy Choice Act, the Pharmacy Audit Integrity Act, and Sections

357 through 360 of Title 59 of the Oklahoma Statutes, the Attorney

General may instruct the Insurance Commissioner that the PBM be

censured or his or her license be suspended or revoked. If the

Attorney General makes such instruction, the Commissioner shall

enforce the instructed action within thirty (30) days.

2. In addition to or in lieu of any censure, suspension, or

revocation by the Commissioner, the Attorney General may levy a

civil or administrative fine not less than One Hundred Dollars

($100.00) and not greater than Ten Thousand Dollars ($10,000.00) for

each violation of this subsection and assess any other penalty or

remedy authorized by this act. For purposes of this section, each

day a PBM fails to comply with an investigation or inquiry may be

considered a separate violation.
Okla. Stat. tit. 36, § 36-3615 — OK Code / Title 36 / Section 36-3615
Charter or bylaw provisions; incorporation into policy
Status: in_force

No policy shall contain any provisions purporting to make any

portion of the charter, bylaws or other constituent document of the

Oklahoma Statutes - Title 36. Insurance Page 790

insurer a part of the contract unless such portion is set forth in

full in the policy, provided, however, this section shall not apply

to the subscriber's agreement or power of attorney of a reciprocal

insurer. Any policy provision in violation of this section shall be

invalid.
Okla. Stat. tit. 36, § 36-1707 — OK Code / Title 36 / Section 36-1707
Release of deposits
Status: in_force

Any deposit made in this state under the Insurance Code shall be

released and returned:

1. To the insurer upon extinguishment by reinsurance or

otherwise of substantially all liability of the insurer for the

security of which the deposit is held upon proper request by the

insurer and after financial review of the insurer proving generally

acceptable financial conditions;

2. To the insurer to the extent such deposit is in excess of

the amount required upon proper request by the insurer and after

financial review of the insurer proving generally acceptable

financial conditions; or

3. Upon proper order of a court of competent jurisdiction to

the receiver, conservator, rehabilitator or liquidator of the

insurer, or to any other properly designated official or officials

who succeed to the management and control of the insurer's assets.
Okla. Stat. tit. 36, § 36-1601 — OK Code / Title 36 / Section 36-1601
Scope of article
Status: in_force

Except as to Sections 1624 and 1625 and subdivision A of Section

1606 hereof, this article applies to domestic insurers only. This

article shall apply to domestic title insurers except as provided in

Article 50 (Title Insurers).
Okla. Stat. tit. 36, § 36-660.3 — OK Code / Title 36 / Section 36-660.3
Reorganization — Filing of documents — Approval by
Status: in_force

Commissioner.

A. A domestic mutual insurer may engage in a conversion as part

of a reorganization as a mutual holding company, only if the board

passes a resolution that the reorganization is fair and equitable to

the policyholders and adopts a plan that meets the requirements of

this act.

B. After the board has adopted a plan and before the board

seeks approval of the plan by the eligible members of the converting

mutual insurer, the converting mutual insurer shall file the

following documents with the Oklahoma Insurance Commissioner:

1. The plan of reorganization;

2. The form of notice of the meeting at which the eligible

members vote on the plan;

3. The form of any proxies to be solicited from the eligible

members. Proxies must offer the eligible members the option of

voting in favor of or voting against the plan or abstaining from

voting;

4. Information required by the converting mutual insurer's

bylaws; and

5. Other information or documentation required by the

Commissioner.

C. The Commissioner shall approve or disapprove a plan and

other documents submitted under subsection B of this section and as

prescribed in Section 5 of this act. The Commissioner must approve

or disapprove the plan within sixty (60) days after the Commissioner

receives a completed filing of the plan and all information

requested by the Commissioner or within sixty (60) days after the

completion of a hearing on the plan, whichever date is later.

Oklahoma Statutes - Title 36. Insurance Page 169

D. At any time before the Commissioner approves a plan, the

board may amend or withdraw the plan.

E. After the Commissioner approves a plan, the eligible members

of the converting mutual insurer must approve the plan. Approval by

the eligible members is subject to the following requirements:

1. All eligible members must be given notice of the plan and of

their opportunity to vote on the plan. A copy of the plan or a

summary of the plan must accompany the notice. The notice shall be

mailed to the last known address of each eligible member, as shown

on the records of the converting mutual insurer, within forty-five

(45) days after the Commissioner approves the plan. The meeting of

the eligible members at which a vote on the plan will occur shall be

set for a date that is not earlier than the thirtieth day after the

date on which the mutual insurer mailed the notice of the meeting.

If the converting mutual insurer complies substantially and in good

faith with the notice requirements of this paragraph, the converting

mutual insurer's failure to give any member or members any required

notice does not impair the validity of any action taken under this

section; and

2. The vote required for approval must be conducted in

accordance with the converting mutual insurer's bylaws, except as

follows:

a. only eligible members may vote on the plan,

b. an eligible member may vote in person or by proxy at

the meeting at which the plan is voted on, and

c. the plan is approved by the eligible members on the

affirmative vote of two-thirds (2/3) or more of the

eligible members voting on the plan, unless the bylaws

require a greater number of affirmative votes. The

converting mutual insurer shall file with the

Commissioner a certification that the plan of

reorganization has been duly adopted by a vote of at

least two-thirds (2/3) of the eligible members.

F. The plan shall be carried out in accordance with its terms

on the effective date of the reorganization.

G. Except as otherwise provided in this section, all

information and documents obtained by or disclosed to the

Commissioner or any other person in the course of preparing, filing

and processing an application to reorganize, other than information

and documents distributed to policyholders or filed and submitted as

evidence in connection with a public hearing held pursuant to

Section 5 of this act, are confidential and not subject to subpoena

and shall not be made public except to insurance departments of

other states, with the prior written consent of the insurer to which

such information and documents pertain.
Okla. Stat. tit. 36, § 36-6923 — OK Code / Title 36 / Section 36-6923
Rules
Status: in_force

The Insurance Commissioner may promulgate rules necessary or

proper to carry out the provisions of the Health Maintenance

Organization Act of 2003.
Okla. Stat. tit. 36, § 36-6216.2 — OK Code / Title 36 / Section 36-6216.2
Contract for services of public adjuster -
Status: in_force

Cancellation.

A. The insured has the right to cancel any compensation

agreement entered into with a licensed public adjuster until

midnight of the third business day after the day on which the signed

agreement was provided to the insured.

B. Cancellation occurs when the insured gives written notice of

cancellation to the licensed public adjuster at the address stated

in the agreement between the parties. Notice of cancellation may be

given by mail and is given when deposited in a United States mailbox

properly addressed and postage prepaid. Notice of cancellation must

contain the written intention of the insured to cancel the

agreement. No liability accrues to the insured when the agreement

is canceled within said period, except for reasonable expense

incurred by the public adjuster in preserving the damaged premises

during the said three-day period. Anything of value given by the

insured under the contract shall be returned to the insured within

Oklahoma Statutes - Title 36. Insurance Page 1172

fifteen (15) business days following the receipt by the public

adjuster of the cancellation notice.

C. Every contract for services to be rendered by a public

adjuster shall contain the following statement. It shall be in

boldface ten-point or larger type and located conspicuously on the

front face of the contract. "THIS CONTRACT MAY BE CANCELED WITHIN

THREE (3) DAYS AFTER THE INSURED PARTY HAS RECEIVED AN ORIGINAL

SIGNED COPY OF THIS AGREEMENT".

D. Every contract for services to be rendered by a public

adjuster shall be in writing and contain the following information:

1. Legible full name of the public adjuster signing the

contract, as specified in Insurance Department records;

2. Permanent home state business address and phone number;

3. Department license number;

4. Title of "Public Adjuster Contract";

5. The insured's full name, street address, insurance company

name and policy number, if known or upon notification;

6. A description of the loss and its location, if applicable;

7. Description of services to be provided to the insured;

8. Signatures of the public adjuster and the insured;

9. Date contract was signed by the public adjuster and date the

contract was signed by the insured; and

10. Full salary, fee, commission, compensation or other

considerations the public adjuster is to receive for services

pursuant to the following guidelines:

a. if the compensation is based on a share of the

insurance settlement, the exact percentage shall be

specified,

b. initial expenses to be reimbursed to the public

adjuster from the proceeds of the claim payment shall

be specified by type, with dollar estimates set forth

in the contract and with any additional expenses first

approved by the insured,

c. compensation provisions in a public adjusting contract

shall not be redacted in any copy of a contract

provided to the Department upon request. Such a

redaction shall constitute an omission of material

fact, and

d. the public adjuster and the insured shall both

indicate their agreement to the compensation

provision(s) of the contract by initialing next to the

provision(s) in the contract.

E. If the insurer, not later than seventy-two (72) hours after

the date on which the loss is reported to the insurer, either pays

or commits in writing to pay to the insured a policy coverage

limit(s), the public adjuster shall, with respect to that coverage:

Oklahoma Statutes - Title 36. Insurance Page 1173

1. Not receive a commission consisting of a percentage of the

total amount paid by an insurer to resolve a claim;

2. Inform the insured that loss recovery amount might not be

increased by insurer; and

3. Be entitled only to reasonable compensation from the insured

for services provided by the public adjuster on behalf of the

insured, based on the time spent on a claim and expenses incurred by

the public adjuster, until the claim is paid or the insured receives

a written commitment to pay from the insurer.

F. A public adjuster contract may not contain any contract term

that:

1. Allows the public adjuster’s percentage fee to be collected

when money is due from an insurance company but not paid, or that

allows a public adjuster to collect the entire fee from the first

check issued by an insurance company, rather than as a percentage of

each check issued by an insurance company;

2. Requires the insured to authorize an insurance company to

issue a check only in the name of the public adjuster;

3. Imposes collection costs or late fees; or

4. Precludes any party from pursuing civil remedies.

G. At the time of signing, a public adjuster shall deliver to

the insured, in any manner acceptable to the insured and approved by

the Insurance Commissioner, a copy of the original executed

contract.

H. A public adjuster contract may specify that the public

adjuster shall be named as a joint payee on an insurer's payment of

a claim.

I. The Insurance Commissioner reserves the right to approve

forms of contracts containing language other than that specified in

this section if:

1. Such language reasonably discloses to the insured the

statutory rights under this section and is otherwise consistent with

all other provisions of law and regulations promulgated; or

2. The Commissioner finds that the requirements of this section

are, in the Commissioner's opinion, unnecessary due to the nature

and scope of the business of the insured party to which the contract

will apply.