Okla. Stat. tit. 36, § 36-6060.9 — OK Code / Title 36 / Section 36-6060.9
Coverage for wigs or other scalp prostheses
Status: in_force

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

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

renewed in this state on or after January 1, 2001, that provides

medical and surgical benefits with respect to the treatment of

cancer and other conditions treated by chemotherapy or radiation

therapy shall provide coverage for wigs or other scalp prostheses

necessary for the comfort and dignity of the covered person.

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

to the same annual deductibles, copayments, or coinsurance limits as

established for all other covered benefits under the health benefit

plan not to exceed One Hundred Fifty Dollars ($150.00) annually.

C. 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 insured or

enrolled employee;

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

enrollee; or

3. Not later than December 1, 2000;

whichever is earlier.

D. 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. However, this section shall not apply to policies or

Oklahoma Statutes - Title 36. Insurance Page 1101

certificates issued to individuals or groups with fifty (50) or

fewer employees or plans offered under the State Medicaid Program.

E. The Insurance Commissioner shall promulgate any rules

necessary to implement the provisions of this section.
Okla. Stat. tit. 36, § 36-609 — OK Code / Title 36 / Section 36-609
Kinds of insurance an insurer may transact
Status: in_force

An insurer which otherwise qualifies therefor may be authorized

to transact any one kind or combination of kinds of insurance as

defined in Section 701 et seq. of this title, except:

1. A life insurer shall not be authorized to transact any other

kind of insurance except accident and health and workers'

compensation and employer liability equivalent insurance if

Oklahoma Statutes - Title 36. Insurance Page 129

otherwise qualified to do so on or after September 1, 1994, or if

immediately prior to the effective date of this Code any life

insurer lawfully held a subsisting certificate of authority granting

it the right to transact in Oklahoma additional kinds of insurance

other than accident and health, so long as the insurer is otherwise

in compliance with this Code the Insurance Commissioner shall

continue to authorize such insurer to transact the same kinds of

insurance as those specified in such prior certificate of authority;

2. A reciprocal insurer shall not transact life insurance;

3. A Lloyd's insurer shall not transact life insurance;

4. A title insurer shall be a stock insurer and shall not

transact any other kind of insurance; and

5. No insurer shall issue for delivery or deliver in this state

any contract of insurance which imposes contingent or assessment

liability upon a resident of this state.
Okla. Stat. tit. 36, § 36-3633 — OK Code / Title 36 / Section 36-3633
Policies issued in violation of Code; penalty
Status: in_force

Any insurer or corporation, or any officer or agent thereof,

issuing or delivering to any person in this state any policy in

willful violation of any provision of this Code shall be guilty of a

misdemeanor.
Okla. Stat. tit. 36, § 36-4802 — OK Code / Title 36 / Section 36-4802
"Fire insurance" defined
Status: in_force

"Fire insurance" is insurance against the perils of fire or

lightning as written under the Oklahoma standard fire insurance

policy.
Okla. Stat. tit. 36, § 36-6130v1 — OK Code / Title 36 / Section 36-6130v1
Violations and penalties
Status: in_force

A. Any officer, director, agent, or employee of any

organization subject to the terms of Sections 6121 through 6136.18

of this title who makes or attempts to make any contract in

violation of the provisions of Sections 6121 through 6136.18 of this

title, or who refuses to allow an inspection of the records of the

organization, or who violates any other provision of Sections 6121

through 6136.18 of this title, upon conviction, shall be guilty of a

felony and shall be punished by imprisonment in the custody of the

Department of Corrections for a term of not more than ten (10)

years, and a fine not exceeding Ten Thousand Dollars ($10,000.00),

and ordered to pay restitution to the victim. Each violation of any

provision of Sections 6121 through 6136.18 of this title shall be

deemed a separate offense and prosecuted individually.

B. The violation of any provision of Sections 6121 through

6136.18 of this title shall constitute a cause for the Oklahoma

Funeral Board to revoke, or to refuse to issue or renew, any license

issued pursuant to the provisions of Sections 396 through 396.33 of

Title 59 of the Oklahoma Statutes. The violation of any provision

of Sections 6121 through 6136.18 of this title shall constitute a

cause for the Insurance Commissioner to, after opportunity for

hearing, censure, suspend, revoke, or refuse to issue or renew a

permit, issue a fine not more than One Thousand Dollars ($1,000.00)

for each occurrence, or be subject to both such fine and punishment.
Okla. Stat. tit. 36, § 36-6963 — OK Code / Title 36 / Section 36-6963
Health insurer to monitor activities and ensure
Status: in_force

compliance.

A. A health insurer shall be responsible for monitoring all

activities carried out by, or on behalf of, the health insurer under

the Patient's Right to Pharmacy Choice Act, and for ensuring that

all requirements of this act are met.

B. Whenever a health insurer contracts with another person to

perform activities required under this act, the health insurer shall

be responsible for monitoring the activities of that person with

whom the health insurer contracts and for ensuring that the

requirements of this act are met.

C. An individual may be notified at the point of sale when the

cash price for the purchase of a prescription drug is less than the

individual's copayment or coinsurance price for the purchase of the

same prescription drug.

D. A health insurer or pharmacy benefits manager (PBM) shall

not restrict an individual's choice of in-network provider for

prescription drugs.

E. An individual's choice of in-network provider may include a

retail pharmacy or a mail-order pharmacy. A health insurer or PBM

shall not restrict such choice. Such health insurer or PBM shall

not require or incentivize using any discounts in cost-sharing or a

reduction in copay or the number of copays to individuals to receive

prescription drugs from an individual's choice of in-network

pharmacy.

F. A health insurer, pharmacy or PBM shall adhere to all

Oklahoma laws, statutes and rules when mailing, shipping and/or

causing to be mailed or shipped prescription drugs into the State of

Oklahoma.
Okla. Stat. tit. 36, § 36-6570.53 — OK Code / Title 36 / Section 36-6570.53
Review of appeals — Qualifications of reviewers
Status: in_force

A utilization review entity shall ensure that all appeals are

reviewed by a physician, pharmacist, or licensed mental health

professional. The physician, pharmacist, or licensed mental health

professional shall:

Oklahoma Statutes - Title 36. Insurance Page 1319

1. Possess a current and valid unrestricted license in any

United States jurisdiction;

2. Be of the same or similar specialty as a physician,

pharmacist, or licensed mental health professional who typically

manages the medical condition or disease, which means that the

physician either maintains board certification for the same or

similar specialty as the medical condition in question or whose

training and experience:

a. includes treating the condition,

b. includes treating complications that may result from

the service or procedure, and

c. is sufficient for the physician, pharmacist, or

licensed mental health professional to determine if

the service or procedure is medically necessary or

clinically appropriate,

except for appeals coming from a licensed mental health

professional, which may be conducted by another licensed mental

health professional as opposed to a physician, or for appeals coming

from a pharmacist, which may be conducted by another licensed

pharmacist as opposed to a physician;

3. Not have been directly involved in making the adverse

determination;

4. Not have any financial interest in the outcome of the

appeal; and

5. Consider all known clinical aspects of the health care

service under review, including, but not limited to, a review of

those medical records which are pertinent and relevant to the active

condition provided to the utilization review entity by the

enrollee's health care provider, or a health care facility, and any

pertinent medical literature provided to the utilization review

entity by the health care provider.
Okla. Stat. tit. 36, § 36-3624.2 — OK Code / Title 36 / Section 36-3624.2
Definitions
Status: in_force

As used in this act:

1. "Insurer" means any insurance company that administers

accident and health policies or plans or that administers any other

type insurance policy containing medical provisions, and any

nonprofit hospital service and indemnity and medical service and

indemnity corporation, licensed to do business in or incorporated or

domesticated or domiciled in or under the statutes of this state, or

actually engaged in business in this state, regardless of where the

contract of insurance is written or plan is administered or where

the corporation is incorporated.

2. "Medical Assistance" means medical services or payments from

a program administered by the Department of Human Services which

provides medical services or payments for medical services to

individuals based on a finding of financial need.
Okla. Stat. tit. 36, § 36-3103 — OK Code / Title 36 / Section 36-3103
Revocation or suspension of Certificate of Authority
Status: in_force

The Commissioner may, at any time, for good cause shown and

after notice and a public hearing, suspend, revoke or refuse to

renew any company's Certificate of Authority, if he finds that any

one or more of the following causes or circumstances exist:

1. Any violation of, or noncompliance with, any provision of

this act;

2. Obtaining, or attempting to obtain, any Certificate of

Authority through misrepresentation or fraud;

3. Fraudulent or dishonest practices;

4. Oral or written misrepresentation of the terms, benefits or

privileges of any service contract issued, or to be issued, by it or

any other company;

5. Insolvency;

6. Willful solicitation of membership from an individual who is

or has been a member of another motor service club by giving said

person credit for his years of membership with the other motor

service club;

7. Waiving the enrollment fee or otherwise reducing the usual

fees and charges for a new member when soliciting membership from an

individual who is or has been a member of another motor service

club; or

8. Inability for any reason to qualify for the issuance of a

Certificate of Authority as a motor service club.
Okla. Stat. tit. 36, § 36-4801 — OK Code / Title 36 / Section 36-4801
Scope of article
Status: in_force

A. This article shall not apply to vehicle insurance, casualty

insurance or inland marine insurance, nor to reinsurance.

B. The standard fire insurance policy provided for herein shall

not be required for (1) vehicle insurance, (2) casualty insurance,

(3) inland marine insurance, as defined in Section 705, Article 7,

(4) ocean marine insurance, (5) insurance on growing crops, or (6)

in effecting reinsurance between insurers.
Okla. Stat. tit. 36, § 36-2679 — OK Code / Title 36 / Section 36-2679
Participating dentists as members; meetings; officers
Status: in_force

Every participating dentist under contract with a dental service

corporation created under this Article shall be a member of such

corporation. Annually the members in person or by proxy shall meet

to conduct the business of the corporation. At each such annual

meeting, or at any special meeting properly called as provided for

in the bylaws of the corporation, each person who is a member shall

have one vote and may exercise the privilege of voting on all

matters brought before the membership. A simple majority of the

votes cast shall be sufficient to carry all matters brought before

the membership. If a majority of the directors at any time so

decides, a matter may be submitted to a special meeting of the

members of the corporation following such procedure as the

corporation may provide for in its bylaws. At each annual meeting,

the members shall vote to elect one-third (1/3) of the directors of

the corporation. The directors shall be elected for terms of three

(3) years in office. The directors shall elect the officers, who

shall serve for one (1) year in office and thereafter until their

successors are designated by the directors.
Okla. Stat. tit. 36, § 36-5403 — OK Code / Title 36 / Section 36-5403
Manufacturers — Interference with acquisition or delivery
Status: in_force

prohibited.

A. A manufacturer shall not deny, restrict, prohibit, or

otherwise interfere with, either directly or indirectly, the

acquisition of a 340B drug by, or delivery of a 340B drug to a 340B

entity, unless such receipt is prohibited by the United States

Department of Health and Human Services.

B. A manufacturer shall not interfere with a pharmacy

contracted with a 340B entity.

C. A 340B entity shall contract with any willing pharmacy upon

mutually agreeable terms within a fifteen-mile radius of the 340B

entity's location.

D. Nothing in this section shall be construed to limit the

number of pharmacies that a 340B entity shall be allowed to contract

with.
Okla. Stat. tit. 36, § 36-6050.1 — OK Code / Title 36 / Section 36-6050.1
Short title — Out-of-Network Ambulance Service Provider
Status: in_force

Act.

This act shall be known and may be cited as the “Out-of-Network

Ambulance Service Provider Act”.
Okla. Stat. tit. 36, § 36-2415 — OK Code / Title 36 / Section 36-2415
Annual meetings; quorum; vacancies; special meetings
Status: in_force

Mutual benefit associations shall hold annual meetings on a

definite day in each year, to be fixed in their bylaws, for the

election of officers thereof and to transact such other business as

may properly come before such meetings, and due notice of such

meetings shall be given to each member, and benefit certificates

issued to each member after the passage of this article shall

contain thereon a statement of the date when such meetings shall be

held each year at their home office, and ten percent (10%) of the

members of such association present in person or by proxy shall

constitute a quorum for the purpose of transacting business. Such

associations may, by bylaws provide for filling vacancies on the

board of directors until the next regular annual meeting thereof and

may provide for special meetings of the members.
Okla. Stat. tit. 36, § 36-2807 — OK Code / Title 36 / Section 36-2807
Membership - Forfeiture
Status: in_force

After any such association is organized and has commenced

business, its membership shall be composed of its policyholders

only, and every person accepted as insurable shall be ipso facto a

member. Noncompliance with the bylaws and nonpayment of assessments

within thirty days after request so to do shall forfeit member's

policy and membership; provided, such member shall be held liable

for his pro rata share of any liability existing at the time his

membership is forfeited.
Okla. Stat. tit. 36, § 36-3634.1 — OK Code / Title 36 / Section 36-3634.1
Prescription drug coverage - Enforcement
Status: in_force

A. This act shall apply to medical benefit contracts, health

care centers, insurance companies and health maintenance

organizations which provide coverage for prescription drugs.

B. The Insurance Commissioner shall implement and enforce the

provisions of this act pursuant to the Oklahoma Insurance Code,

Section 101 et seq. of this title.
Okla. Stat. tit. 36, § 36-2038 — OK Code / Title 36 / Section 36-2038
Recovery of distribution of insurer - Limitations
Status: in_force

A. If an order for liquidation or rehabilitation of a member

insurer domiciled in this state has been entered, the receiver

appointed under such order shall have a right to recover on behalf

of the member insurer, from any affiliate that controlled it, the

amount of distributions, other than stock dividends paid by the

member insurer on its capital stock, made at any time during the

five (5) years preceding the petition for liquidation or

rehabilitation subject to the limitations of subsections B through D

of this section.

B. No such dividend shall be recoverable if the member insurer

shows that when paid the distribution was lawful and reasonable, and

that the member insurer did not know and could not reasonably have

known that the distribution might adversely affect the ability of

the member insurer to fulfill its contractual obligations.

C. Any person who was an affiliate that controlled the member

insurer at the time the distributions were paid shall be liable up

to the amount of distributions he received. Any person who was an

affiliate that controlled the member insurer at the time the

distributions were declared shall be liable up to the amount of

distributions he would have received if they have been paid

immediately. If two persons are liable with respect to the same

distributions, they shall be jointly and severally liable.

D. The maximum amount recoverable under this subsection shall

be the amount needed in excess of all other available assets of the

insolvent insurer to pay the contractual obligations of the

insolvent insurer.

E. If any person liable under subsection C of this section is

insolvent, all its affiliates that controlled it at the time the

dividend was paid shall be jointly and severally liable for any

resulting deficiency in the amount recovered from the insolvent

affiliate.
Okla. Stat. tit. 36, § 36-950 — OK Code / Title 36 / Section 36-950
Short title
Status: in_force

This act shall be known and may be cited as the “Use of Credit

Information in Personal Insurance Act”.
Okla. Stat. tit. 36, § 36-6060.11 — OK Code / Title 36 / Section 36-6060.11
Benefits required
Status: in_force

A. Subject to the limitations set forth in this section and

Sections 6060.12 and 6060.13 of this title, any health benefit plan

that is offered, issued, or renewed in this state on or after

January 1, 2000, shall provide benefits for treatment of mental

health and substance use disorders.

B. 1. Benefits for mental health and substance use disorders

shall be equal to benefits for treatment of and shall be subject to

the same preauthorization and utilization review mechanisms and

other terms and conditions as all other physical diseases and

disorders including, but not limited to:

a. coverage of inpatient hospital services for either

twenty-six (26) days or the limit for other covered

illnesses, whichever is greater,

b. coverage of outpatient services,

c. coverage of medication,

d. maximum lifetime benefits,

e. copayments,

f. coverage of home health visits,

g. individual and family deductibles, and

h. coinsurance.

2. Treatment limitations applicable to mental health or

substance use disorder benefits shall be no more restrictive than

the predominant treatment limitations applied to substantially all

medical and surgical benefits covered by the plan. There shall be

no separate treatment limitations that are applicable only with

respect to mental health or substance abuse disorder benefits.

C. A health benefit plan shall not impose a nonquantitative

treatment limitation with respect to mental health and substance use

disorders in any classification of benefits unless, under the terms

of the health benefit plan as written and in operation, any

processes, strategies, evidentiary standards or other factors used

in applying the nonquantitative treatment limitation to mental

health disorders in the classification are comparable to and applied

Oklahoma Statutes - Title 36. Insurance Page 1105

no more stringently than to medical and surgical benefits in the

same classification.

D. All health benefit plans must meet the requirements of the

federal Paul Wellstone and Pete Domenici Mental Health Parity and

Addiction Equity Act of 2008, as amended, and federal guidance or

regulations issued under these acts including 45 CFR 146.136, 45 CFR

147.160, 45 CFR 156.115(a)(3), 42 U.S.C. 300gg-26(a), 29 U.S.C.

1185a(a), and 26 U.S.C. 9812.

E. Beginning on or after January 1, 2000, each insurer that

offers, issues or renews any individual or group health benefit plan

providing mental health or substance use disorder benefits shall

submit an annual report to the Insurance Commissioner on or before

April 1 of each year that contains the following:

1. A description of the process used to develop or select the

medical necessity criteria for mental health and substance use

disorder benefits and the process used to develop or select the

medical necessity criteria for medical and surgical benefits;

2. Identification of all nonquantitative treatment limitations

applied to both mental health and substance use disorder benefits

and medical and surgical benefits within each classification of

benefits; and

3. The results of an analysis that demonstrates that for the

medical necessity criteria described in paragraph 1 of this

subsection and for each nonquantitative treatment limitation

identified in paragraph 2 of this subsection, as written and in

operation, the processes, strategies, evidentiary standards or other

factors used in applying the medical necessity criteria and each

nonquantitative treatment limitation to mental health and substance

use disorder benefits within each classification of benefits are

comparable to and are applied no more stringently than to medical

and surgical benefits in the same classification of benefits. At a

minimum, the results of the analysis shall:

a. identify and clearly define the factors and terms used

to determine that a nonquantitative treatment

limitation will apply to a benefit,

b. identify and clearly define the specific evidentiary

standards used to define the factors and any other

evidence relied upon in designing each nonquantitative

treatment limitation,

c. provide the detailed, written, and reasoned

comparative analyses including the results of the

analyses performed to determine that the processes and

strategies used to design each nonquantitative

treatment limitation, as written, and the as written

processes and strategies used to apply the

nonquantitative treatment limitation to mental health

and substance use disorder benefits are comparable to

Oklahoma Statutes - Title 36. Insurance Page 1106

and applied no more stringently than the processes and

strategies used to design each nonquantitative

treatment limitation, as written, and the as written

processes and strategies used to apply the

nonquantitative treatment limitation to medical and

surgical benefits,

d. provide the detailed, written, and reasoned

comparative analyses including the results of the

analyses performed to determine that the processes and

strategies used to apply each nonquantitative

treatment limitation, in operation, for mental health

and substance use disorder benefits are comparable to

and applied no more stringently than the processes or

strategies used to apply each nonquantitative

treatment limitation for medical and surgical benefits

in the same classification of benefits, and

e. disclose the specific findings and conclusions reached

by the insurer that the results of the analyses

required by this subsection indicate whether the

insurer is in compliance with this section and the

Paul Wellstone and Pete Domenici Mental Health Parity

and Addiction Equity Act of 2008, as amended, and its

implementing and related regulations including 45 CFR

146.136, 45 CFR 147.160, 45 CFR 156.115(a)(3), 42

U.S.C. 300gg-26(a), 29 U.S.C. 1185a(a), and 26 U.S.C.

9812.

F. The findings and conclusions shall include sufficient detail

to fully explain such findings including methodologies for the

analyses, detailed descriptions of each treatment limitation for

mental health and substance use disorder benefits compared to each

treatment limitation for medical and surgical benefits, and detailed

descriptions of all criteria involved for approving mental health

and substance use disorder benefits as compared to the criteria

involved for approving medical and surgical benefits.

G. The Commissioner shall implement and enforce any applicable

provisions of the Paul Wellstone and Pete Domenici Mental Health

Parity and Addiction Equity Act of 2008, as amended, and federal

guidance or regulations issued under these acts including 45 CFR

146.136, 45 CFR 147.136, 45 CFR 147.160, 45 CFR 156.115(a)(3), 42

U.S.C. 300gg-26(a), 29 U.S.C. 1185a(a), and 26 U.S.C. 9812.

H. The Commissioner shall issue guidance and standardized

reporting templates to ensure compliance with the provisions of this

section. Guidance shall include examples of non-quantitative

treatment limitations as identified by the Centers for Medicare and

Medicaid Services, the Department of Labor, and the Employee

Benefits Security Administration.

Oklahoma Statutes - Title 36. Insurance Page 1107

I. No later than December 31, 2021, and by December 31 of each

year thereafter, the Commissioner shall make available to the public

the reports submitted by insurers, as required in subsection E of

this section, during the most recent annual cycle.

1. The Commissioner shall identify insurers that have failed in

whole or in part to comply with the full extent of reporting

required in this section and shall make a reasonable attempt to

obtain missing reports or information by June 1 of the following

year.

2. The reports submitted by insurers and the identification by

the Commissioner of noncompliant insurers shall be made available to

the public by posting on the Internet website of the Insurance

Department. Any information that is confidential or a trade secret

shall be redacted prior to the public posting.

J. The Commissioner may promulgate rules pursuant to the

provisions of this section and any provisions of the Paul Wellstone

and Pete Domenici Mental Health Parity and Addiction Equity Act of

2008, as amended, that relate to the business of insurance.
Okla. Stat. tit. 36, § 36-4003 — OK Code / Title 36 / Section 36-4003
Grace period
Status: in_force

There shall be a provision that a grace period of thirty (30)

days, or, at the option of the insurer, of one month of not less

than thirty (30) days, shall be allowed within which the payment of

any premium after the first may be made, during which period of

grace the policy shall continue in full force; but if a claim arises

under the policy during such period of grace before the overdue

premium is paid the amount of such premium may be deducted from the

policy proceeds.
Okla. Stat. tit. 36, § 36-6530.2 — OK Code / Title 36 / Section 36-6530.2
Definitions
Status: in_force

As used in the Oklahoma Individual Health Insurance Market

Stabilization Act:

1. "Agent" means any person who is licensed to sell health

insurance in this state;

2. "Board" means the Board of Directors of the Oklahoma

Individual Health Insurance Market Stabilization Program;

3. "Health insurance" means any individual or group hospital or

medical-expense-incurred policy or health care benefits plan or

contract providing insurance against loss through illness or injury

of the insured. The term does not include any policy governing

short-term accidents only, a fixed indemnity policy, a limited

benefit policy, a specified accident policy, a specified disease

policy, a Medicare supplement policy, a long-term care policy,

medical payment or personal injury coverage in a motor vehicle

policy, coverage issued as a supplement to liability insurance, a

disability policy or workers' compensation;

4. "High-risk pool" means specially designated health insurance

plans organized by federal or state entities, or a combination of

federal and state entities, to serve high-risk, high-cost or both

high-risk and high-cost individuals who meet enrollment criteria and

do not have access to group insurance. They are organized as

independent entities governed by their own boards and administrators

and supported by the state's department of insurance;

5. "Insurer" means any individual, corporation, association,

partnership, fraternal benefit society or any other entity engaged

in the health insurance business, except insurance agents and

brokers. This term shall also include not-for-profit hospital

service and medical indemnity plans, health maintenance

organizations, preferred provider organizations, prepaid health

plans, the State and Education Employees Group Health Insurance

Plan, stop-loss insurance plans and any reinsurer reinsuring health

insurance in this state, which shall be designated as engaged in the

business of insurance for the purposes of the Oklahoma Individual

Health Insurance Market Stabilization Act;

6. "Market" means the individual health insurance market in

Oklahoma, wherein income-eligible individuals may receive federal

financial assistance for the purchase of qualified health plans as

provided by Section 36B of Title 26 of the United States Code and

Section 1301 of the federal Patient Protection and Affordable Care

Act;

Oklahoma Statutes - Title 36. Insurance Page 1293

7. "Market stabilization activities" means a high-risk pool,

reinsurance, hybrid programs or any combination thereof authorized

by this act;

8. "Plan" means any of the comprehensive health insurance

benefit plans as approved by the Board of Directors of the Oklahoma

Individual Health Insurance Market Stabilization Program or

qualified for participation in the market or by rule;

9. "Program" means the Oklahoma Individual Health Insurance

Market Stabilization Program;

10. "Reinsurer" means any insurer from whom any insurer

providing health insurance to Oklahomans procures insurance for

itself with respect to all or part of the health insurance risk of

the person; and

11. "Reinsurance" means the contract made between an entity

providing insurance coverage and a third party to protect the

insurer from losses. The contract provides for the third party to

pay for the loss sustained by the insurer when the insurer makes a

payment on the original contract. Reinsurance lets insurers cover a

portion of their financial risks by recovering some or all of the

claimed amounts they pay.
Okla. Stat. tit. 36, § 36-2676 — OK Code / Title 36 / Section 36-2676
Filing of forms and rates; disapproval
Status: in_force

On and after the effective date of this act, no contract

providing for dental service or indemnity shall be issued or

delivered to any person in this state, nor shall any application,

rider or endorsement be issued in connection therewith, until a copy

of the form thereof and the rates pertaining thereto have been filed

with and approved by the Insurance Commissioner. If the Insurance

Commissioner disapproves the contract, application, rider or

endorsement form, or rates, he shall make a written decision stating

the reason or reasons therefor and shall deliver a copy thereof to

the corporation and it shall be unlawful for any such corporation to

use any such form in this state. Any such corporation shall have

thirty (30) days from date of receipt of the notice of disapproval

in which to request a hearing on such disapproval.
Okla. Stat. tit. 36, § 36-6918 — OK Code / Title 36 / Section 36-6918
Organizations permitted to organize and operate health
Status: in_force

maintenance organization - Contracts for insurance against cost of

care provided.

A. An insurance company licensed in this state or a hospital or

medical service corporation authorized to do business in this state

may either directly or through a subsidiary or affiliate organize

and operate a health maintenance organization pursuant to the

provisions of this act. Notwithstanding any other law which may be

inconsistent, any two or more insurance companies, hospital or

medical service corporations, or subsidiaries or affiliates thereof

may jointly organize and operate a health maintenance organization.

The business of insurance is deemed to include the providing of

health care by a health maintenance organization owned or operated

by an insurer or its subsidiary.

B. Notwithstanding any provision of insurance and hospital or

medical service corporation laws in Title 36 of the Oklahoma

Statutes, an insurer or a hospital or medical service corporation

may contract with a health maintenance organization to provide

insurance or similar protection against the cost of care provided

through health maintenance organizations and to provide coverage in

the event of the failure of the health maintenance organization to

meet its obligations. The enrollees of a health maintenance

organization constitute a permissible group under such laws. An

insurer or a hospital or medical service corporation may make

Oklahoma Statutes - Title 36. Insurance Page 1403

benefit payments to health maintenance organizations for health care

services rendered by providers pursuant to such contracts.
Okla. Stat. tit. 36, § 36-2126.1 — OK Code / Title 36 / Section 36-2126.1
Purchase and sale of equity interests in domestic stock
Status: in_force

insurers by officers.

A. Every person who is directly or indirectly the beneficial

owner of more than ten percent (10%) of any class of equity security

of a domestic stock insurer or who is a director or officer of such

insurer shall file in the office of the Insurance Commissioner on or

before the thirty-first day of October, nineteen hundred sixty-five

or within ten (10) days after he becomes such beneficial owner,

director or officer a statement, in such form and detail and subject

to such rules and regulations as the Commissioner may prescribe, of

the amount of all equity securities of such insurer of which he is

the beneficial owner, and within ten (10) days after the close of

each calendar month, thereafter, if there has been a change in such

ownership during such month, shall file in the office of the

Commissioner a statement, in such form and detail and subject to

such rules and regulations as the Commissioner may prescribe,

indicating his ownership at the close of the calendar month and such

changes in his ownership as have occurred during such calendar

month.

B. For the purpose of preventing the unfair use of information

which may have been obtained by such beneficial owner, director or

officer by reason of his relationship to such insurer, any profit

realized by him from any purchase and sale, or any sale and

purchase, of any equity security of such insurer within any period

of less than six (6) months, unless such equity security was

acquired in good faith in connection with a debt previously

contracted, shall inure to and be recoverable by the insurer,

irrespective of any intention on the part of such beneficial owner,

director or officer in entering into such transaction of holding the

Oklahoma Statutes - Title 36. Insurance Page 635

equity security purchased or of not repurchasing the stock sold for

a period exceeding six (6) months. Suit to recover such profit may

be instituted at law or in equity in any court of competent

jurisdiction by the insurer or by the owner of any equity security

of the insurer in the name and in behalf of the insurer if the

insurer shall fail or refuse to bring such suit within sixty (60)

days after request or shall fail diligently to prosecute the same

thereafter; but no such suit shall be brought more than two (2)

years after the date such profit was realized. This paragraph shall

not be construed to cover any transaction where such beneficial

owner was not such both at the time of the purchase and sale, or the

sale and purchase, of the security involved, or any transaction or

transactions which the Commissioner may by rules and regulations

exempt as not comprehended within the purpose of this paragraph.

C. It shall be unlawful for any such beneficial owner, director

or officer, directly or indirectly, to sell any equity security of

such insurer if the person selling the stock or his principal (i)

does not own the security sold, or (ii) if owning the security, does

not deliver it against such sale within twenty (20) days thereafter,

or does not within five (5) days after such sale deposit it in the

mails or other usual channels of transportation; but no person shall

be deemed to have violated this paragraph if he proves that

notwithstanding the exercise of good faith he was unable to make

such delivery or deposit within such time, or that to do so would

cause undue inconvenience or expense.

D. The provisions of paragraph B of this section shall not

apply to any purchase and sale, or sale and purchase, and the

provisions of paragraph C of this section shall not apply to any

sale, of an equity security of a domestic stock insurance company

not then or theretofore held by him in an investment account, by a

dealer in the ordinary course of his business and incident to the

establishment or maintenance by him of a primary or secondary market

(otherwise than on an exchange as defined in the Securities Exchange

Act of 1934) for such security. The Commissioner may, by such rules

and regulations as he deems necessary or appropriate in the public

interest, define and prescribe terms and conditions with respect to

securities held in an investment account and transactions made in

the ordinary course of business and incident to the establishment or

maintenance of a primary or secondary market.

E. The provisions of paragraphs A, B and C of this section

shall not apply to foreign or domestic arbitrage transactions unless

made in contravention of such rules and regulations as the

Commissioner may adopt in order to carry out the purpose of this

act.

F. The term "equity security" when used in this act means any

stock or similar security; or any security convertible, with or

without consideration, into such a security, or carrying any warrant

Oklahoma Statutes - Title 36. Insurance Page 636

or right to subscribe to or purchase such a security; or any such

warrant or right; or any other security which the Commissioner shall

deem to be of similar nature and consider necessary or appropriate,

by such rules and regulations as he may prescribe in the public

interest or for the protection of investors, to treat as an equity

security. The term "officer" when used in this act means a

director, president, vice-president, treasurer, actuary, secretary,

controller, and any other person who performs for the company

functions corresponding to those performed by the foregoing

officers. The term "Commissioner" when used in this act means the

Insurance Commissioner. The term "insurer" when used in this act

means any domestic stock insurer. The term "person" when used in

this act includes any firm, partnership, association or corporation.

G. The Commissioner shall have the power to make such rules and

regulations as may be necessary for the execution of the functions

vested in him by paragraphs A through F of this section, and may for

such purpose classify domestic stock insurance companies,

securities, and other persons or matters within his jurisdiction.

No provision of paragraphs A, B and C of this section, imposing any

liability shall apply to any act done or omitted in good faith in

conformity with any rule or regulation of the Commissioner,

notwithstanding that such rule or regulation may, after such act or

omission, be amended or rescinded or determined by judicial or other

authority to be invalid for any reason.

H. For the purpose of carrying into effect the provisions of

this act, there is hereby imposed a filing fee of Two Dollars

($2.00) on each monthly statement filed pursuant to this act. Such

fee shall be due and payable when such statement is filed and shall

be paid to the Insurance Commissioner.
Okla. Stat. tit. 36, § 36-1541 — OK Code / Title 36 / Section 36-1541
Promulgation of rules
Status: in_force

The Insurance Commissioner may, upon notice and opportunity for

all interested persons to be heard, issue such rules and orders as

shall be necessary to carry out the provisions of this act.
Okla. Stat. tit. 36, § 36-6676 — OK Code / Title 36 / Section 36-6676
License application requirements
Status: in_force

A. A sworn application for the license provided for in Section

6671 of this title shall be made to and filed with the Insurance

Commissioner on forms prescribed and furnished by the Insurance

Commissioner.

B. The application shall:

1. Provide the name, residence address, and other information

required by the Insurance Commissioner for an employee or officer of

the vendor that is designated by the applicant as the person

responsible for the vendor's compliance with the requirements of

Sections 6670 through 6676 of this title and update such information

within thirty (30) days of a change in the same. If the vendor

derives more than fifty percent (50%) of its revenue from the sale

of portable electronics insurance, the information required in this

subparagraph shall be provided for all officers, directors, and

shareholders of record having beneficial ownership of ten percent

(10%) or more of any class of securities registered under the

federal securities law;

2. Appoint the Insurance Commissioner as the applicant's

attorney to receive service of all legal process issued against it

in any civil action or proceeding in this state and agreeing that

process so served shall be valid and binding against the applicant.

The appointment shall be irrevocable, shall bind the company and any

successor in interest as the assets or liabilities of the applicant,

and shall remain in effect as long as the applicant's license

remains in force in this state; and

3. Specify the location of the applicant's home office.

C. Applications for licensure pursuant to Section 6671 of this

title shall be made within ninety (90) days of the application being

made available by the Insurance Commissioner.

D. Initial licenses issued pursuant to Section 6671 of this

title shall be valid for a period of twenty-four (24) months.

E. Each vendor of portable electronics licensed pursuant to

Sections 6670 through 6676 of this title shall pay to the Insurance

Commissioner a fee as prescribed by the Insurance Commissioner but

in no event shall the fee exceed One Thousand Dollars ($1,000.00)

for an initial portable electronics limited lines license and Five

Oklahoma Statutes - Title 36. Insurance Page 1344

Hundred Dollars ($500.00) for each renewal thereof. For a vendor

that is engaged in portable electronics transactions at ten or fewer

locations in the state the fee shall not exceed One Hundred Dollars

($100.00) for an initial license and for each renewal thereof.
Okla. Stat. tit. 36, § 36-6830 — OK Code / Title 36 / Section 36-6830
Insurance compliance audits - Confidentiality
Status: in_force

A. Except as provided in Sections 2 and 3 of this act, an

insurance compliance self-evaluative audit is privileged information

and is not discoverable, or admissible as evidence in any legal

action in any civil, criminal, or administrative proceeding. The

privilege created herein is a matter of substantive law of this

state and is not merely a procedural matter governing civil or

criminal procedures in the courts of this state.

B. If any company, person, or entity performs or directs the

performance of an insurance compliance audit, an officer, employee

or agent involved with the insurance audit, or any consultant who is

hired for the purpose of performing the insurance compliance audit,

may not be examined in any civil, criminal, or administrative

proceeding as to the insurance compliance audit or any insurance

compliance self-evaluative audit document, as defined in this

section. This section does not apply if the privilege set forth in

subsection A of this section is determined under Section 2 or 3 of

this act not to apply.

C. A company may voluntarily submit, in connection with

examinations conducted under this act, an insurance compliance self-

evaluative audit document to the Insurance Commissioner, or

designee, as a confidential document without waiving the privilege

set forth in this section to which the company would otherwise be

entitled; provided, however, that the provisions of the Oklahoma

Insurance Code permitting the Commissioner to make confidential

documents public and grant access to documents to the National

Association of Insurance Commissioners shall not apply to the

Oklahoma Statutes - Title 36. Insurance Page 1374

insurance compliance self-evaluative audit document. Any such

report furnished to the Insurance Commissioner shall not be provided

to any other persons or entities and shall be accorded the same

confidentiality and other protections as provided above for

voluntarily submitted documents.

D. A company's insurance compliance self-evaluative audit

document submitted to the Commissioner shall remain subject to all

applicable statutory or common law privileges including, but not

limited to, the work product doctrine, attorney-client privilege, or

the subsequent remedial measures exclusion.

E. Any compliance self-evaluative audit document so submitted

and in the possession of the Commissioner shall remain the property

of the company and shall not be subject to any disclosure or

production under the Oklahoma Open Records Act.

F. Disclosure of an insurance compliance self-evaluative audit

document to a governmental agency, whether voluntary or pursuant to

compulsion of law, shall not constitute a waiver of the privilege

set forth in subsection A of this section with respect to any other

persons or any other governmental agencies.
Okla. Stat. tit. 36, § 36-1435.18 — OK Code / Title 36 / Section 36-1435.18
Administrative actions or criminal prosecutions
Status: in_force

against producer – Duty to report to Commissioner.

A. Whether an applicant for, a person licensed as or a person

seeking a renewal for a producer license, that person shall report

to the Insurance Commissioner any administrative action taken

against that person in another jurisdiction or by another

governmental agency in this state within thirty (30) days of the

final disposition of the matter. This report shall include a copy

of the order, consent to order or other relevant legal documents.

B. Within thirty (30) days of the initial pretrial hearing

date, an applicant for, a person licensed as or a person seeking a

renewal for a producer license shall report to the Insurance

Commissioner any criminal prosecution of that person taken in any

jurisdiction. The report shall include a copy of the initial

Oklahoma Statutes - Title 36. Insurance Page 353

complaint filed, the order resulting from the hearing and any other

relevant legal documents.

C. Failure to comply with this statute shall result in

immediate suspension of an application for, a license of or renewal

of a producer license.

D. The provisions of this section shall apply to all licenses

under Sections 4055.1 et seq. of this title, the Unauthorized

Insurers and Surplus Lines Insurance Act, Section 1100 et seq. of

this title, the Oklahoma Producer Licensing Act, Section 1435.1 et

seq. of this title and the Insurance Adjusters Licensing Act,

Section 6201 et seq. of this title.
Okla. Stat. tit. 36, § 36-2506 — OK Code / Title 36 / Section 36-2506
Inapplicability to burial associations or assessment
Status: in_force

companies.

The provisions of this article shall not apply to burial

associations or assessment companies.
Okla. Stat. tit. 36, § 36-1502 — OK Code / Title 36 / Section 36-1502
Assets as deductions from liabilities
Status: in_force

Oklahoma Statutes - Title 36. Insurance Page 385

Assets may be allowable as deductions from corresponding

liabilities, and liabilities may be charged as deductions from

assets, and deductions from assets may be charged as liabilities, in

accordance with the form of annual statement applicable to such

insurer as prescribed by the Insurance Commissioner, or otherwise in

his discretion.
Okla. Stat. tit. 36, § 36-311A.4 — OK Code / Title 36 / Section 36-311A.4
Annual audit - Extensions
Status: in_force

A. All insurers shall have an annual audit by an independent

certified public accountant and shall file an audited financial

report with the Insurance Commissioner on or before June 1 for the

year ended December 31 immediately preceding. The Commissioner may

require an insurer to file an audited financial report earlier than

June 1 with ninety (90) days advance notice to the insurer.

B. Extensions of the June 1 filing date may be granted by the

Commissioner for thirty-day periods upon a showing by the insurer

and its independent certified public accountant of the reasons for

requesting an extension and determination by the Commissioner of

good cause for an extension. The request for extension must be

submitted in writing not less than ten (10) days prior to the due

date in sufficient detail to permit the Commissioner to make an

informed decision with respect to the requested extension.

Oklahoma Statutes - Title 36. Insurance Page 81

C. If an extension is granted in accordance with the provisions

in subsection B of this section, a similar extension of thirty (30)

days is granted to the filing of Management’s Report of Internal

Control over Financial Reporting.

D. Every insurer required to file an annual audited financial

report pursuant to the Oklahoma Annual Financial Report Act shall

designate a group of individuals as constituting its audit

committee. The audit committee of an entity that controls an

insurer may be deemed to be the audit committee of the insurer for

purposes of the Oklahoma Annual Financial Report Act at the election

of the controlling person.
Okla. Stat. tit. 36, § 36-999.5 — OK Code / Title 36 / Section 36-999.5
Coverage for additional living expenses
Status: in_force

The residential coverage provided pursuant to the Oklahoma

Subsidence Insurance Act may also cover the additional living

expenses reasonably and necessarily incurred by the owner of a

residence who has been temporarily displaced as the direct result of

damage to the residence caused by mine subsidence if the underlying

policy also covers this type of loss; provided, however, that the

loss covered under living unit coverage shall be limited to losses

to improvements and betterments and reimbursement of additional

living expenses and assessments made against the insured on account

of mine subsidence loss.
Okla. Stat. tit. 36, § 36-1435.14 — OK Code / Title 36 / Section 36-1435.14
Payment or acceptance of commission, service fee,
Status: in_force

brokerage or other valuable consideration – Recipient to be

licensed.

A. An insurance company or insurance producer shall not pay a

commission, service fee, brokerage or other valuable consideration

to a person for selling, soliciting or negotiating insurance in this

state if that person is required to be licensed under this act and

is not so licensed.

Oklahoma Statutes - Title 36. Insurance Page 348

B. A person shall not accept a commission, service fee,

brokerage or other valuable consideration for selling, soliciting or

negotiating insurance in this state if that person is required to be

licensed under this act and is not so licensed.

C. Renewal or other deferred commissions may be paid to a

person for selling, soliciting or negotiating insurance in this

state if the person was required to be licensed under this act at

the time of the sale, solicitation or negotiation and was so

licensed at that time.

D. An insurer or insurance producer may pay or assign

commissions, service fees, brokerages or other valuable

consideration to an insurance agency or to persons who do not sell,

solicit or negotiate insurance in this state, unless the payment

would violate Section 1204 of Title 36 of the Oklahoma Statutes.
Okla. Stat. tit. 36, § 36-2119 — OK Code / Title 36 / Section 36-2119
Nonassessable policies, mutual insurers
Status: in_force

A. While it maintains on deposit with the State Treasurer

through the Insurance Commissioner surplus funds in amount not less

than the paid-in capital required of a domestic stock insurer

transacting like kinds of insurance, a domestic mutual insurer may

extinguish the contingent liability of its members as to all

policies in force, and may omit provisions imposing contingent

liability in all its policies currently issued.

B. When such surplus funds have been so deposited and the

Commissioner has so ascertained, he shall issue to the insurer at

its request his certificate authorizing such extinguishment and

omission of contingent liability.

C. A foreign or alien mutual insurer may issue nonassessable

policies to its members in this state in accordance with its charter

and the laws of its domicile, provided the standards and

requirements of the laws of the state of such domicile with respect

to the issuance of nonassessable policies are substantially

equivalent to or higher than the legal requirements in Oklahoma.
Okla. Stat. tit. 36, § 36-6060.6 — OK Code / Title 36 / Section 36-6060.6
Dental procedures for certain minor and severely
Status: in_force

disabled persons.

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

in this state on or after January 1, 1999, that provides

hospitalization benefits shall provide coverage for anesthesia

expenses including anesthesia practitioner expenses for the

administration of the anesthesia, and hospital and ambulatory

surgical center expenses associated with any medically necessary

dental procedure when provided to a covered person who is:

1. Severely disabled; or

2. a. A minor eight (8) years of age or under, and who has a

medical or emotional condition which requires

hospitalization or general anesthesia for dental care,

or

b. A minor four (4) years of age or under, who in the

judgment of the practitioner treating the child, is

not of sufficient emotional development to undergo a

Oklahoma Statutes - Title 36. Insurance Page 1097

medically necessary dental procedure without the use

of anesthesia.

B. A health benefit plan may require prior authorization for

either inpatient or outpatient hospitalization for dental care in

the same manner that prior authorization is required for

hospitalization for other covered diseases or conditions.

C. Coverage provided for in subsection A of this section shall

be subject to the same annual deductibles, copayments or coinsurance

limits as established for all other covered benefits under the

health benefit plan.

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

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

this title.
Okla. Stat. tit. 36, § 36-1921 — OK Code / Title 36 / Section 36-1921
Uniform insurers liquidation act
Status: in_force

A. Paragraphs 1 to 13, inclusive, of section 1801 of this

article, together with sections 1803, 1804, 1814 to 1820, inclusive,

of this article constitute and may be referred to as the uniform

insurers liquidation act.

B. The uniform insurers liquidation act shall be so interpreted

and construed as to effectuate its general purpose to make uniform

the law of those states that enact it. To the extent that its

provisions when applicable conflict with other provisions of this

article the provisions of such act shall control.
Okla. Stat. tit. 36, § 36-6931 — OK Code / Title 36 / Section 36-6931
Coordination of benefits provisions
Status: in_force

A. A health maintenance organization is permitted, but not

required, to adopt coordination of benefits provisions to avoid over

insurance and to provide for the orderly payment of claims when an

enrollee is covered by two or more group health insurance or health

care plans.

Oklahoma Statutes - Title 36. Insurance Page 1412

B. If a health maintenance organization adopts coordination of

benefits, the provisions thereof shall be consistent with the

coordination of benefits provisions that are in general use in the

state for coordinating coverage between two or more group health

insurance or health care plans.

C. To the extent necessary for a health maintenance

organization to meet its obligations as a secondary carrier under

the rules for coordination, a health maintenance organization may

make payments for services that are:

1. Received from nonparticipating providers;

2. Provided outside its service areas; or

3. Not covered under the terms of its group contract or

evidence of coverage.
Okla. Stat. tit. 36, § 36-2020 — OK Code / Title 36 / Section 36-2020
Stay of proceedings - Access to records
Status: in_force

All proceedings in which the insolvent insurer, its

policyholder, or the Oklahoma Property and Casualty Insurance

Guaranty Association is a party in any court in this state shall be

stayed six (6) months and additional time may be determined by the

court from the date when insolvency is determined or an ancillary

proceeding is instituted in the state, whichever is later, to permit

proper defense by the association of all pending causes of action.

The liquidator, receiver or statutory successor of an insolvent

insurer covered by this act shall permit the board or its authorized

representative access to the records of the insolvent insurer as are

necessary to the board in carrying out its functions under this act

with regard to the covered claims. In addition, the liquidator,

receiver or statutory successor shall provide the board or its

representative with copies of those records upon the request of the

board and at the expense of the board.
Okla. Stat. tit. 36, § 36-1629 — OK Code / Title 36 / Section 36-1629
Guaranteed or reinsured student loans
Status: in_force

Any insurer may make and invest in student loans guaranteed or

reinsured as to principal and interest by a state or federally

sponsored higher education assistance corporation, to the extent of

Oklahoma Statutes - Title 36. Insurance Page 449

such guaranty or reinsurance, or by a private nonprofit or for

profit student loan insurance guarantor or reinsurer which has net

worth of not less than Thirty-five Million Dollars ($35,000,000.00)

and which has a financial rating of BBB or better from Standard and

Poor’s or Moody’s rating agencies. Any investment pursuant to this

section shall not exceed, except with the consent of the Insurance

Commissioner of this state, twenty-five percent (25%) of the

insurer's net admitted assets based upon the insurer's most recent

financial statement filed with the Insurance Commissioner's office.
Okla. Stat. tit. 36, § 36-674 — OK Code / Title 36 / Section 36-674
Cybersecurity event — Investigation by licensee
Status: in_force

A. If the licensee learns that a cybersecurity event has or may

have occurred, the licensee, or an outside vendor or service

provider designated to act on behalf of the licensee, shall conduct

a prompt investigation.

B. During the investigation, the licensee, or an outside vendor

or service provider designated to act on behalf of the licensee,

shall, at a minimum:

1. Determine whether a cybersecurity event has occurred;

2. Assess the nature and scope of the cybersecurity event;

3. Identify any nonpublic information that may have been

involved in the cybersecurity event; and

4. Perform or oversee reasonable measures to restore the

security of the information systems compromised in the cybersecurity

event in order to prevent further unauthorized acquisition, release,

or use of nonpublic information in the possession, custody, or

control of the licensee.

C. If the licensee learns that a cybersecurity event has or may

have occurred in a system maintained by a third-party service

provider, the licensee shall complete the steps listed in subsection

B of this section or confirm and document that the third-party

service provider has completed those steps.

D. The licensee shall maintain records concerning all

cybersecurity events for a period of at least five (5) years from

the date of the cybersecurity event and shall produce those records

upon request by the Insurance Commissioner.
Okla. Stat. tit. 36, § 36-974 — OK Code / Title 36 / Section 36-974
IBHS certified contractor required
Status: in_force

A. Under the Strengthen Oklahoma Homes (SOH) Program, a

residential property owner shall hire an IBHS certified contractor

who is capable of performing work that satisfies the standards

prescribed by this act and the rules adopted thereto.

B. The Insurance Department shall not endorse or otherwise

provide preferential treatment to any contractor.

Oklahoma Statutes - Title 36. Insurance Page 226

C. A residential property owner is responsible for any amount

owed to a contractor that exceeds awarded grant monies.

D. To be eligible to work on a project funded by the SOH

Program as a contractor, a contractor shall meet all program

requirements, including, but not limited to, those listed in this

subsection, and maintain a current copy of all applicable

certificates, licenses, and proof of insurance coverages with the

program office:

1. If required under Oklahoma law, the contractor shall hold a

valid and active contractor's license or registration in Oklahoma

and be free from all disciplinary action by the applicable licensing

board;

2. If applicable, the contractor shall be registered to do

business in Oklahoma with the Secretary of State;

3. The contractor shall have an in-force general liability

policy with Five Hundred Thousand Dollars ($500,000.00) in liability

coverage;

4. The contractor shall have workers' compensation and

employer's liability insurance in accordance with and to the extent

required by Oklahoma law;

5. The contractor shall hold an active IBHS FORTIFIED Roof™

Contractor Certification or FORTIFIED Professional Certification.

The contractor is responsible for paying all fees associated with

certification and training;

6. The contractor must successfully register as a supplier or

payee with the Office of Management and Enterprise Services;

7. The contractor shall maintain accurate contact information

with the SOH Program;

8. The contractor shall agree to follow the SOH Program's

procedures and rules as prescribed by the Insurance Commissioner;

9. The contractor shall not have a financial interest in any

project funded by the SOH Program for which they perform work other

than receiving payment on behalf of the homeowner from the SOH

Program and shall report to the SOH Program any potential conflicts

of interest before work commences; and

10. The contractor shall not be the evaluator for any project

funded by the SOH Program.
Okla. Stat. tit. 36, § 36-4422 — OK Code / Title 36 / Section 36-4422
Purpose of act
Status: in_force

The purpose of the Long-Term Care Insurance Act is to promote

the public interest, to promote the availability of long-term care

insurance policies, to protect applicants for long-term care

insurance from unfair or deceptive sales or enrollment practices, to

establish standards for long-term care insurance, to facilitate

public understanding and comparison of long-term care insurance

policies, and to facilitate flexibility and innovation in the

development of long-term care insurance coverage.
Okla. Stat. tit. 36, § 36-2605 — OK Code / Title 36 / Section 36-2605
Service contracts
Status: in_force

Any such corporation may enter into contracts for the rendering

or providing of hospital and/or medical service or indemnity to any

of its members with any individuals licensed in any branch of the

healing arts and/or licensed hospitals maintained or operated by

individuals, partnerships, associations or corporations and

hospitals maintained or operated by the state or its subdivisions.

Any such corporation may contract with any domestic or foreign

corporation or associations for the purpose of providing or

rendering hospital or medical service or indemnity.
Okla. Stat. tit. 36, § 36-311A.15 — OK Code / Title 36 / Section 36-311A.15
Unlawful misleading statements - Manipulating
Status: in_force

accountant.

A. No director or officer of an insurer shall, directly or

indirectly:

1. Make or cause to be made a materially false or misleading

statement to an accountant in connection with any audit, review, or

communication required under the Oklahoma Annual Financial Report

Act; or

2. Omit to state, or cause another person to omit to state, any

material fact necessary in order to make statements made, in light

of the circumstances under which the statements were made, not

misleading to an accountant in connection with any audit, review, or

communication required under the Oklahoma Annual Financial Report

Act.

B. No officer or director of an insurer, or any other person

acting under the direction thereof, shall directly or indirectly

take any action to coerce, manipulate, mislead, or fraudulently

influence any accountant engaged in the performance of an audit

pursuant to the Oklahoma Annual Financial Report Act if that person

knew or should have known that the action, if successful, could

result in rendering the financial statements of the insurer

materially misleading.

C. For purposes of subsection B of this section, actions that,

if successful, could result in rendering the financial statements of

the insurer materially misleading include, but are not limited to,

actions taken at any time with respect to the professional

engagement period to coerce, manipulate, mislead, or fraudulently

influence an accountant:

1. To issue or reissue a report on the financial statements of

an insurer that is not warranted in the circumstances due to

material violations of statutory accounting principles prescribed by

the Insurance Commissioner, generally accepted auditing standards,

or other professional or regulatory standards;

2. Not to perform audit, review or other procedures required by

generally accepted auditing standards or other professional

standards;

3. Not to withdraw an issued report; or

4. Not to communicate matters to the audit committee of an

insurer.

Oklahoma Statutes - Title 36. Insurance Page 95
Okla. Stat. tit. 36, § 36-6456.1 — OK Code / Title 36 / Section 36-6456.1
Countersign not required
Status: in_force

Notwithstanding any other provision of law, a policy of

insurance issued to a risk retention group or any member of that

group shall not be required to be countersigned.
Okla. Stat. tit. 36, § 36-4014 — OK Code / Title 36 / Section 36-4014
Policy title
Status: in_force

There shall be a title on the face and on the back of the

policy, briefly describing the same.
Okla. Stat. tit. 36, § 36-4901 — OK Code / Title 36 / Section 36-4901
Sole surety on official bonds
Status: in_force

Whenever any bond, recognizance, or undertaking is required or

permitted to be made for the security or protection of any person or

municipality, the state, or any department thereof, or organization,

conditioned for the doing or not doing of anything therein

specified, any such board, court, organization or officer required

or permitted to accept or approve of the sufficiency of such bond,

recognizance, or undertaking, may accept and approve the same when

executed, or when the conditions thereof are guaranteed, solely by

an insurer authorized to transact a surety business in this state in

Oklahoma Statutes - Title 36. Insurance Page 1014

accordance with the requirements of this code. Whenever any such

bond, recognizance, or undertaking is required to be made with one

surety or with two or more sureties, the execution of the same, or

the guarantee of the performance of the conditions thereof, shall be

sufficient when so executed or guaranteed solely by one such

insurer, and shall be a full compliance with every requirement of

every law, ordinance, or regulation relating to the same, and no

justification by such insurer shall be necessary.
Okla. Stat. tit. 36, § 36-6834 — OK Code / Title 36 / Section 36-6834
Non-privileged information
Status: in_force

The privilege set forth in Section 1 of this act shall not

extend to any of the following:

1. Documents, communications, data, reports, or other

information expressly required to be collected, developed,

maintained, or reported to a regulatory agency pursuant to this act,

or other federal or state law;

2. Information obtained by observation, monitoring or

examination by any regulatory agency;

3. Information contained from a source independent of the

insurance compliance audit; or

4. Documents and other material created or maintained in the

ordinary course of the insurer’s business, specifically including

communications between the insurer and insureds, individual claim

files and any other similar documents which are currently

discoverable under existing law.
Okla. Stat. tit. 36, § 36-1642 — OK Code / Title 36 / Section 36-1642
Injunctions - Voting of securities prohibited -
Status: in_force

Sequestration of voting securities.

A. Whenever it appears to the Commissioner that any insurer or

any director, officer, employee or agent thereof has committed or is

about to commit a violation of this act or of any rule, regulation

or order issued by the Commissioner hereunder, the Commissioner may

apply to the district court for the county in which the principal

office of the insurer is located or if the insurer has no office in

this state then to the district court for Oklahoma County for an

order enjoining the insurer or director, officer, employee or agent

thereof from violating or continuing to violate this act or any

rule, regulation or order, and for such other equitable relief as

the nature of the case and the interest of the insurer's

policyholders, creditors and shareholders or the public may require.

B. No security which is the subject of any agreement or

arrangement regarding acquisition, or which is acquired or to be

acquired, in contravention of the provisions of this act or of any

rule, regulation or order issued by the Commissioner hereunder may

be voted at any shareholder's meeting, or may be counted for quorum

purposes, and any action of shareholders requiring the affirmative

vote of a percentage of shares may be taken as though the securities

were not issued and outstanding; but no action taken at any such

meeting shall be invalidated by the voting of the securities, unless

the action would materially affect control of the insurer or unless

the courts of this state have so ordered. If an insurer or the

Commissioner has reason to believe that any security of the insurer

has been or is about to be acquired in contravention of the

provisions of this act or of any rule, regulation or order issued by

the Commissioner hereunder, the insurer or the Commissioner may

apply to the district court for the county in which the insurer has

its principle place of business to enjoin any offer, request,

invitation, agreement or acquisition made in contravention of

Section 3 of this act or any rule, regulation or order issued by the

Commissioner thereunder to enjoin the voting of any security so

acquired, to void any vote of the security already cast at any

meeting of shareholders and for such other equitable relief as the

nature of the case and the interest of the insurer's policyholders,

creditor and shareholders or the public may require.

C. In any case where a person has acquired or is proposing to

acquire any voting securities in violation of this act or any rule,

regulation or order issued by the Commissioner hereunder, the

Oklahoma Statutes - Title 36. Insurance Page 489

district court for Oklahoma County or the district court for the

county in which the insurer has its principal place of business may,

on such notice as the court deems appropriate, upon the application

of the insurer or the Commissioner, seize or sequester any voting

securities of the insurer owned directly or indirectly by the

person, and issue such order as may be appropriate to effectuate the

provisions of this act. For the purposes of this act the situs of

the ownership of the securities of domestic insurers shall be deemed

to be in this state.
Okla. Stat. tit. 36, § 36-1617 — OK Code / Title 36 / Section 36-1617
Equipment trust certificates
Status: in_force

An insurer may invest in equipment trust obligations or

certificates which in the opinion of the Insurance Commissioner are

adequately secured, or other instruments so secured and evidencing

Oklahoma Statutes - Title 36. Insurance Page 434

an interest in transportation equipment, wholly or in part within

the United States, which carry the right to receive determined

portions of rental, purchase, or other fixed obligatory payments to

be made for the use or purchase of such transportation equipment.
Okla. Stat. tit. 36, § 36-1145 — OK Code / Title 36 / Section 36-1145
Rules and statistical plans - Commissioner authority to
Status: in_force

promulgate - Scope.

A. The Insurance Commissioner shall promulgate rules and

statistical plans adapted to each of the rating systems on file,

which may be modified, from time to time, and which shall be used

Oklahoma Statutes - Title 36. Insurance Page 266

thereafter by each insurer in the recording and reporting of its

loss and countrywide expense experience, in order that the

experience of all insurers may be made available, at least annually,

in such form and detail as may be necessary to aid it in determining

whether rating systems comply with the standards set forth in this

act.

1. Such rules and plans may also provide for the recording and

reporting of expense experience items which are specially applicable

to this state and are not susceptible to determination by a

prorating of countrywide expense experience.

2. In promulgating such rules and plans, the Commissioner shall

give due consideration to the rating system on file and, in order

that such rules and plans may be as uniform as is practicable among

the several states, to the rules and to the form of the plans used

for such rating systems in other states.

3. No insurer shall be required to record or report its loss

experience on a classification basis that is inconsistent with the

rating system filed by it.

4. The Commissioner may designate one or more advisory

organizations or other agencies to assist it in gathering such

experience and making compilations thereof, and such compilations

shall be made available, subject to reasonable rules promulgated by

the Commissioner, to insurers and advisory organizations.

B. Reasonable rules and plans may be promulgated by the

Commissioner for the interchange of data necessary for the

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 rating organizations

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

and the application of rating systems.

D. The Commissioner may make reasonable rules and regulations

necessary to effect the purposes of this act.
Okla. Stat. tit. 36, § 36-1914 — OK Code / Title 36 / Section 36-1914
Conduct of delinquency proceedings against domestic and
Status: in_force

alien insurers - Limitations on power of Commissioner - Conflict of

interest.

A. Whenever under this article of this title a receiver is to

be appointed in delinquency proceedings for a domestic or alien

insurer, the court shall appoint the Insurance Commissioner as the

receiver. The court shall order the Insurance Commissioner

forthwith to take possession of the assets of the insurer and to

administer the same under the orders of the court.

B. As domiciliary receiver, the Insurance Commissioner shall be

vested by operation of law with the title to all of the property,

contracts, and rights of action and all of the books and records of

the insurer, wherever located, as of the date of entry of the order

directing the Commissioner to rehabilitate or liquidate a domestic

insurer or to liquidate the United States branch of an alien insurer

domiciled in this state, and the Commissioner shall have the right

to recover the same and reduce the same to possession; except that

ancillary receivers in reciprocal states shall have, as to assets

located in their respective states, the rights and powers which are

herein prescribed for ancillary receivers appointed in this state as

to assets located in this state.

C. The recording of a certified copy of the order directing

possession to be taken in the office of the county clerk of the

county where the proceedings are pending shall impart the same

Oklahoma Statutes - Title 36. Insurance Page 538

notice as would be imparted by a deed, bill of sale, or other

evidence of title duly recorded or filed.

D. The Insurance Commissioner as domiciliary receiver shall be

responsible for the proper administration of all assets coming into

the Commissioner’s possession or control. The court may at any time

require a bond from the Commissioner or any assistants or deputies

if deemed desirable for the protection of the assets.

E. Upon taking possession of the assets of an insurer, the

domiciliary receiver shall, subject to the direction of the court,

immediately proceed to conduct the business of the insurer or to

take such steps as are authorized by this article for the purpose of

rehabilitating, liquidating, or conserving the affairs or assets of

the insurer.

F. 1. In connection with delinquency proceedings, the

Insurance Commissioner may appoint one or more assistant

commissioners to act for the Commissioner and may employ such

counsel, clerks, and assistants as are deemed necessary. The

compensation of the assistant commissioners, counsel, clerks, or

deputies and all expenses of taking possession of the insurer and of

conducting the proceedings shall be fixed by the receiver, subject

to the approval of the court, and shall be paid out of the funds or

assets of the insurer. Within the limits of duties imposed upon

them, assistant commissioners shall possess all the powers given to

the receiver and, in the exercise of those powers, shall be subject

to all of the duties, powers, and limitations imposed upon the

receiver with respect to such proceedings.

2. The Commissioner, as receiver, is prohibited from appointing

any person who is related to the Commissioner within the third

degree of consanguinity or affinity. Any appointment in violation

of this paragraph is void.

3. The Commissioner, as receiver, is prohibited from entering

into any contract with any person who is related to the Commissioner

within the third degree of consanguinity or affinity. Any contract

in violation of this paragraph is void.
Okla. Stat. tit. 36, § 36-7126 — OK Code / Title 36 / Section 36-7126
Establishment and maintenance of cemetery merchandise
Status: in_force

trust funds

A. Each organization shall establish and maintain a cemetery

merchandise trust fund with a financial institution having trust

powers. A cemetery merchandise trust fund shall at all times be in

the custody of a financial institution. Any cemetery merchandise

trust funds may be invested, reinvested, exchanged, retained, sold

and managed as a part of common trust funds in the manner provided

Oklahoma Statutes - Title 36. Insurance Page 1492

in the Oklahoma Trust Act, Sections 175.1 through 175.57 of Title 60

of the Oklahoma Statutes, and any amendments thereto. A copy of

each contract or a written notice containing all relevant

information regarding the prepaid cemetery merchandise contracts for

which deposits are made shall be furnished to the financial

institution. The financial institution shall serve as trustee for

the purposes of the Cemetery Merchandise Trust Act.

B. Deposits to a cemetery merchandise trust fund shall be

carried in the name of the organization and the amounts deposited

therein may be commingled. Provided, however, the accounting

records shall establish a separate account for each prepaid cemetery

merchandise contract and shall show the amounts deposited, and the

income or loss accruing thereon, with respect to each prepaid

cemetery merchandise contract. The trustee shall reimburse the

organization for all income taxes and costs incurred with respect to

the operation of the fund, and the trustee shall be reimbursed from

the earnings of the fund for all reasonable costs incurred in

serving as trustee, including a reasonable fee for its services.

The taxes and costs shall be paid from earnings for the fund prior

to the allocation of earnings to the individual accounts.

C. An organization entering into a prepaid cemetery merchandise

contract shall be entitled to retain all of the purchase price under

the prepaid cemetery merchandise contract until it has received an

amount equal to thirty-five percent (35%) of the purchase price of

the cemetery merchandise sold in a prepaid cemetery merchandise

contract.

D. After an organization has received the amount it is entitled

to receive, in accordance with subsection C of this section, all

payments of the purchase price to the organization pursuant to a

prepaid cemetery merchandise contract shall be deposited by the

organization in a cemetery merchandise trust fund until such time as

the requirements of subsection E of this section have been satisfied

or delivery is made of the cemetery merchandise, or until an amount

satisfying the minimum funding requirement has been deposited.

Thereafter, all payments of the purchase price in excess of the

minimum funding requirement may be retained by the organization.

Deposits shall be made within ten (10) business days after the end

of the month in which such deposits are received by the

organization.

E. Annually, as of December 31 of each year, each organization

shall determine the wholesale cost for all cemetery merchandise

covered by a prepaid cemetery merchandise contract for which funds

are then held in a cemetery merchandise trust or in an individual

merchandise account. If the amount held with respect to a prepaid

cemetery merchandise contract exceeds the minimum funding required,

the excess shall be paid by the trustee of the cemetery merchandise

trust to the organization. In such event, no further deposit shall

Oklahoma Statutes - Title 36. Insurance Page 1493

be required with respect to the prepaid cemetery merchandise

contract until such time as the amount held no longer exceeds the

minimum funding requirement. If the minimum funding requirement is

not satisfied, no amount shall be paid to or withdrawn by the

organization and the organization shall continue or shall resume, as

the case may be, making the deposits required by subsection D of

this section.

F. No part of the monies required to be held in a cemetery

merchandise trust fund pursuant to the provisions of the Cemetery

Merchandise Trust Act shall ever be used for any other purpose other

than investment as authorized by this section until delivery of the

cemetery merchandise is made.

G. Delivery of cemetery merchandise for the purposes of this

subsection may be accomplished in one of the following ways:

1. Actual and physical delivery of the cemetery merchandise to

the purchaser;

2. Physical attachment of the cemetery merchandise to realty or

cemetery space owned by the purchaser;

3. Certification by an approved manufacturer to the purchaser

that the organization has paid the wholesale price of the cemetery

merchandise and that the cemetery merchandise shall be delivered

upon request of the purchaser;

4. Written notification to the purchaser by the organization

that the cemetery merchandise is in the possession of the

organization and may be removed by the purchaser upon full payment

for the cemetery merchandise; and

5. When construction or permanent installation of the cemetery

merchandise has been completed, with respect to cemetery merchandise

which is affixed to realty.

H. Upon delivery of the cemetery merchandise pursuant to a

prepaid cemetery merchandise trust contract, the organization shall

present the trustee with a verified statement that delivery has been

made, and upon the presentation, the trustee shall pay to the

organization the amount of any funds held in trust with respect to

the cemetery merchandise delivered and no further deposits shall be

made with respect to the cemetery merchandise.

I. Should the buyer move to a community in which the cemetery

does not accept transfers of outer enclosures from the cemetery

which the buyer has entered into a cemetery merchandise contract,

the selling organization will refund sixty-five percent (65%) of the

retail price plus interest equal to the annual interest computed

from the date that the contract was paid in full based on the

passbook interest rate of the financial institution at the time that

the refund is requested.
Okla. Stat. tit. 36, § 36-405 — OK Code / Title 36 / Section 36-405
Emergency cease and desist order - Hearing - Judicial
Status: in_force

review - Attorneys fees.

A. On issuance of an emergency cease and desist order under

Section 3 of this act, the Insurance Commissioner shall serve on the

person affected by the order, by registered or certified mail,

return receipt requested, to the person's last-known address, or by

other lawful means, an order that contains a statement of the

charges and requires the person immediately to cease and desist from

the violation of subsection A of Section 2 of this act.

B. 1. If a person affected by an emergency cease and desist

order seeks to contest that order, the person may request a hearing

before the Insurance Commissioner. The person affected must request

the hearing not later than the thirtieth day after the date on which

the person receives the order. A request to contest an order must

be in writing and directed to the Insurance Commissioner and must

state the grounds for the request to set aside or modify the order.

2. On receiving the request for a hearing, the Insurance

Commissioner shall serve notice of the time and place of the hearing

at which the person requesting the hearing shall have the

opportunity to show cause why the order should not be affirmed. The

hearing is to be held not later than the tenth day after the date

the Insurance Commissioner receives the request for a hearing unless

the parties mutually agree to a later hearing date.

3. Pending the hearing, an emergency cease and desist order

continues in full force and effect unless the order is stayed by the

Insurance Commissioner.

4. The hearing on the order shall be conducted according to the

procedures for contested cases under the Administrative Procedures

Act.

5. At the hearing, the Insurance Commissioner shall affirm,

modify or set aside in whole or in part the emergency cease and

desist order.

C. A person aggrieved by a final order of the Insurance

Commissioner pursuant to the Crimes By or Affecting Persons Engaged

in the Business of Insurance Act may seek judicial review pursuant

to Section 318 of Title 75 of the Oklahoma Statutes.

D. The Insurance Commissioner may recover reasonable attorney

fees if judicial action is necessary for enforcement of the order.

Oklahoma Statutes - Title 36. Insurance Page 121

E. A cease and desist order is final thirty-one (31) days after

the date it is received if the person affected by the order does not

request a hearing as provided by subsection B of this section.
Okla. Stat. tit. 36, § 36-1250.15 — OK Code / Title 36 / Section 36-1250.15
Judicial review
Status: in_force

Any insurer affected by an order of the Insurance Commissioner

issued pursuant to the Unfair Claims Settlement Practices Act may

seek judicial review of such order by filing a petition in the

District Court of Oklahoma County within thirty (30) days after the

insurer is notified of the order.
Okla. Stat. tit. 36, § 36-7131 — OK Code / Title 36 / Section 36-7131
Action to recover payments - Penalties
Status: in_force

A. The Insurance Commissioner, may, after notice and an

opportunity for hearing, initiate an action to recover payments

required to be redeposited to the cemetery merchandise trust

pursuant to the Cemetery Merchandise Trust Act or to recover other

Oklahoma Statutes - Title 36. Insurance Page 1496

monies received or disbursed in violation of the Cemetery

Merchandise Trust Act.

B. The Commissioner may, after an opportunity for hearing,

censure a permittee or may suspend or revoke a permit for violation

of any provision of the Cemetery Merchandise Trust Act or the rules

promulgated thereto. In addition to, or in lieu of, any censure,

suspension or revocation, a permittee may be subject to a civil

penalty of not more than One Thousand Dollars ($1,000.00) per

occurrence or violation.
Okla. Stat. tit. 36, § 36-6983 — OK Code / Title 36 / Section 36-6983
Certificate of authority — Suspension of revocation —
Status: in_force

Fines—Hearing.

A. The Insurance Commissioner may suspend or revoke any

certificate of authority issued pursuant to this act if the

Commissioner finds that the prepaid vision plan organization:

1. Is operating contrary to the basic organizational documents

of the organization or in a manner contrary to that described in or

reasonably inferred from any information submitted pursuant to

Section 6 of this act;

2. Issues a coverage policy which does not comply with the

requirements of Section 10 of this act;

3. Does not provide or arrange for basic vision services

appropriate to a prepaid vision plan;

4. Can no longer be expected to meet the obligations to

enrollees or prospective enrollees of the prepaid vision plan;

5. Uses fraudulent, coercive, or dishonest practices, or

demonstrates incompetence, untrustworthiness, or financial

irresponsibility in the conduct of business;

6. Fails to deal equitably with any providers or other persons

or facilities which offer services covered within a contract or

policy issued pursuant to this act; or

7. Fails to substantially comply with the insurance laws of

this state or violates any regulation, rule, subpoena, or order of

the Commissioner.

B. When the certificate of authority of a prepaid vision plan

organization is suspended, the organization shall not accept, during

the period of such suspension, any additional enrollments for

coverage except newly acquired dependents of existing enrollees and

shall not engage in any advertising or solicitation.

C. When the certificate of authority of a prepaid vision plan

organization is revoked, the organization shall terminate operation

of the organization in this state immediately and shall conduct no

further business except as may be essential to the orderly

conclusion of the business affairs of the organization. The

Commissioner, by written order, may permit further operation of the

organization as the Commissioner finds to be in the best interest of

members of the organization.

D. In addition to or in lieu of any applicable suspension or

revocation of a certificate of authority, the Commissioner may

invoke a fine not to exceed One Thousand Dollars ($1,000.00) for

each violation. The payment of the fine may be enforced in the same

manner as civil judgments may be enforced.

Oklahoma Statutes - Title 36. Insurance Page 1458

E. A prepaid vision plan organization which has had its

certificate of authority denied, suspended, or revoked, or has

suffered an adverse determination by the Commissioner shall be

entitled to a hearing pursuant to the provisions of the

Administrative Procedures Act under Section 250 et seq. of Title 75

of the Oklahoma Statutes.
Okla. Stat. tit. 36, § 36-6552 — OK Code / Title 36 / Section 36-6552
Definitions
Status: in_force

As used in the Hospital and Medical Services Utilization Review

Act:

1. "Utilization review" means a system for prospectively,

concurrently and retrospectively reviewing the appropriate and

efficient allocation of hospital resources and medical services

given or proposed to be given to a patient or group of patients. It

does not include an insurer's normal claim review process to

determine compliance with the specific terms and conditions of the

insurance policy;

2. "Private review agent" means a person or entity who performs

utilization review on behalf of:

a. an employer in this state, or

b. a third party that provides or administers hospital

and medical benefits to citizens of this state,

including, but not limited to:

(1) a health maintenance organization issued a

license pursuant to Section 2501 et seq. of Title

63 of the Oklahoma Statutes, unless the health

maintenance organization is federally regulated

and licensed and has on file with the Insurance

Commissioner a plan of utilization review carried

out by health care professionals and providing

for complaint and appellate procedures for

claims, or

(2) a health insurer, not-for-profit hospital service

or medical plan, health insurance service

Oklahoma Statutes - Title 36. Insurance Page 1299

organization, or preferred provider organization

or other entity offering health insurance

policies, contracts or benefits in this state;

3. "Utilization review plan" means a description of utilization

review procedures;

4. "Commissioner" means the Insurance Commissioner;

5. "Certificate" means a certificate of registration granted by

the Insurance Commissioner to a private review agent; and

6. "Health care provider" means any person, firm, corporation

or other legal entity that is licensed, certified, or otherwise

authorized by the laws of this state to provide health care

services, procedures or supplies in the ordinary course of business

or practice of a profession.
Okla. Stat. tit. 36, § 36-123 — OK Code / Title 36 / Section 36-123
Delivery and storage of electronic documents
Status: in_force

A. In this section, the following words shall have the

following meanings:

1. “Delivered by electronic means” includes:

a. delivery to an electronic mail address at which a

party has consented to receive notices or documents,

or

b. posting on an electronic network or site accessible

via the Internet, mobile application, computer, mobile

device, tablet or any other electronic device,

together with separate notice of the posting which

shall be provided by electronic mail to the address at

Oklahoma Statutes - Title 36. Insurance Page 47

which the party has consented to receive notice, or by

any other delivery method that has been consented to

by the party;

2. “Health benefit plan” means a health benefit plan as defined

pursuant to Section 6060.4 of this title;

3. “Party” means any recipient of any notice or document

required as part of an insurance transaction, including but not

limited to an applicant, an insured, a policyholder, a covered

person, or an annuity contract holder; and

4. “Plan sponsor” means a person, other than a regulated

entity, who establishes, adopts, or maintains a health benefit plan

that covers residents of this state, including a plan established,

adopted, or maintained by an employer or jointly by an employer and

one or more employee organizations, an association, a committee, a

joint board of trustees, or any similar group of representatives who

establish, adopt, or maintain a plan.

B. Subject to the requirements of this section, any notice to a

party or any other document required under applicable law in an

insurance transaction, or that is to serve as evidence of insurance

coverage, may be delivered, stored and presented by electronic

means, so long as it meets the requirements of the Uniform

Electronic Transactions Act pursuant to Section 15-101 et seq. of

Title 12A of the Oklahoma Statutes.

C. Delivery of a notice or document in accordance with this

section shall be considered equivalent to any delivery method

required under applicable law, including delivery by first class

mail; first class mail, postage prepaid; certified mail; certificate

of mail; or certificate of mailing.

D. A notice or document may be delivered by electronic means by

an insurer to a party under this section if:

1. The party has affirmatively consented to that method of

delivery and has not withdrawn the consent; or

2. The party, before giving consent, is provided with a clear

and conspicuous statement informing the party of:

a. the right of the party to withdraw consent to have a

notice or document delivered by electronic means, at

any time, and any conditions or consequences imposed

in the event consent is withdrawn,

b. the types of notices and documents to which the

party’s consent would apply,

c. the right of a party to have a notice or document

delivered in paper form, and

d. the procedures a party must follow to withdraw consent

to have a notice or document delivered by electronic

means and to update the party’s electronic mail

address;

3. The party:

Oklahoma Statutes - Title 36. Insurance Page 48

a. before giving consent, is provided with a statement of

the hardware and software requirements for access to

and retention of a notice or document delivered by

electronic means, and

b. consents electronically, or confirms consent

electronically, in a manner that reasonably

demonstrates that the party can access information in

the electronic form that will be used for notices or

documents delivered by electronic means as to which

the party has given consent;

4. The insurer takes measures reasonably calculated to ensure

that delivery by electronic means results in receipt of the notice

or document by the party; and

5. After consent of the party is given, the insurer, in the

event a change in the hardware or software requirements needed to

access or retain a notice or document delivered by electronic means

creates a material risk that the party will not be able to access or

retain a subsequent notice or document to which the consent applies:

a. provides the party with a statement that describes:

(1) the revised hardware and software requirements

for access to and retention of a notice or

document delivered by electronic means, and

(2) the right of the party to withdraw consent

without the imposition of any condition or

consequence that was not disclosed at the time of

initial consent, and

b. complies with paragraph 2 of this subsection.

E. 1. The plan sponsor of a health benefit plan may, on behalf

of covered persons enrolled in the plan, provide consent to the

mailing of all communications related to the plan by electronic

means otherwise required by paragraphs 1 and 2 of subsection D of

this section.

2. Before consenting on behalf of a covered person, a plan

sponsor must:

a. confirm that the covered person routinely uses

electronic communications during the normal course of

employment and is able to access and retain electronic

communications that may be delivered by the insurer,

and

b. inform the party in any manner the plan sponsor deems

appropriate that such consent will be provided, and

that notices and documents related to the plan may be

delivered to the party’s work electronic mail address

unless the party affirmatively opts out of delivery by

electronic means or provides an alternative electronic

mail address.

Oklahoma Statutes - Title 36. Insurance Page 49

3. Before providing delivery of a notice or document by

electronic means pursuant to this subsection, the insurer for the

health benefit plan must:

a. provide the party with a clear and conspicuous

statement informing the person of all of the

following:

(1) the types of notices and documents that may

be delivered to the covered person by

electronic means,

(2) the right of the party to withdraw consent

to have a notice or document delivered by

electronic means at any time without charge,

(3) the procedures the party must follow to

withdraw consent to have a notice or

document delivered by electronic means and

to update the person’s electronic mail

address, and

(4) the right of the party to have any notice or

document delivered, upon request, in paper

form free of charge,

b. provide the party opportunity to opt out of delivery

by electronic means, and

c. document that the applicable provisions of the

conditions under the Uniform Electronic Transactions

Act, Section 15-101 et seq. of Title 12A of the

Oklahoma Statutes, are satisfied.

4. When a notice or document is provided electronically to a

party pursuant to this subsection, an insurer shall apprise the

party of the significance of the notice or document when it is not

otherwise reasonably evident and of the right to request and obtain

a paper version of such notice or document.

F. This section does not affect requirements related to content

or timing of any notice or document required under applicable law.

G. If a provision of this title or applicable law requiring a

notice or document to be provided to a party expressly requires

verification or acknowledgment of receipt of the notice or document,

the notice or document may be delivered by electronic means only if

the method used provides for verification or acknowledgment of

receipt.

H. The legal effectiveness, validity or enforceability of any

contract or policy of insurance executed by a party may not be

denied solely because of the failure to obtain electronic consent or

confirmation of consent of the party in accordance with subparagraph

b of paragraph 3 of subsection D of this section.

I. 1. A withdrawal of consent by a party does not affect the

legal effectiveness, validity or enforceability of a notice or

Oklahoma Statutes - Title 36. Insurance Page 50

document delivered by electronic means to the party before the

withdrawal of consent is effective.

2. A withdrawal of consent by a party is effective within a

reasonable period of time after receipt of the withdrawal by the

insurer.

3. Failure by an insurer to comply with paragraph 5 of

subsection D and subsection J of this section may be treated, at the

election of the party, as a withdrawal of consent for purposes of

this section.

J. This section does not apply to a notice or document

delivered by an insurer in an electronic form before November 1,

2017, to a party who, before that date, has consented to receive

notice or document in an electronic form otherwise allowed by law.

K. If the consent of a party to receive certain notices or

documents in an electronic form is on file with an insurer before

November 1, 2017, and pursuant to this section, an insurer intends

to deliver additional notices or documents to such party in an

electronic form, then prior to delivering such additional notices or

documents electronically, the insurer shall:

1. Provide the party with a statement that describes:

a. the notices or documents that shall be delivered by

electronic means under this section that were not

previously delivered electronically, and

b. the party’s right to withdraw consent to have notices

or documents delivered by electronic means, without

the imposition of any condition or consequence that

was not disclosed at the time of initial consent; and

2. Comply with paragraph 2 of subsection D of this section.

L. An insurer shall deliver a notice or document by any other

delivery method permitted by law other than electronic means if:

1. The insurer attempts to deliver the notice or document by

electronic means and has a reasonable basis for believing that the

notice or document has not been received by the party; or

2. The insurer becomes aware that the electronic mail address

provided by the party is no longer valid.

M. Notwithstanding subsection A of this section or any other

law or regulation of this state requiring an insurer to provide,

send, or deliver an insurance policy or endorsement to an insured,

an insurer may elect to post a policy or endorsement that does not

contain personally identifiable information on its website provided

it complies with all of the following:

1. The policy or endorsement is easily accessible on the

website so long as it is in force;

2. The policy or endorsement is posted in a manner that enables

the insured to print and save it using programs or applications

widely available on the Internet and free of charge to use;

Oklahoma Statutes - Title 36. Insurance Page 51

3. The insurer provides notice, in the manner it normally

communicates with the insured at the time of issuance or renewal of

the policy or endorsement, or at the time of any changes to the

policy or endorsement, of a method by which the insured may obtain,

upon request and without charge, at the choice of the insured, a

paper or electronic copy of the policy or endorsement, or any

changes to them, and the Internet address where the policy and

endorsement are posted;

4. The insurer provides all of the following information on

each declarations page, or similar document as appropriate to the

line of coverage, provided to the insured at the time of issuance or

renewal:

a. a description of the exact policy and endorsement

forms purchased by the insured,

b. a method by which the insured may obtain, upon request

and without charge, a paper or electronic copy of the

policy or endorsement, or any changes to them,

c. the Internet address where the policy and endorsement

are posted; and

5. After expiration of the policy or endorsement, the insurer

archives the expired policies or endorsements in accordance with the

Oklahoma Insurance Department's general record retention

requirements and makes them available upon request.

N. A producer shall not be subject to civil liability for any

harm or injury that occurs as a result of a party’s election to

receive any notice or document by electronic means or by an

insurer’s failure to deliver a notice or document by electronic

means.

O. This section may not be construed to modify, limit or

supersede the provisions of the federal Electronic Signatures in

Global and National Commerce Act, Public Law 106-229, as amended.
Okla. Stat. tit. 36, § 36-4030.1 — OK Code / Title 36 / Section 36-4030.1
Forms to establish proof of death and interest of
Status: in_force

claimant - Interest on proceeds - Payment of proceeds - Time -

Exemptions.

A. Within ten (10) days after an insurer receives written

notification of the death of a person covered by a policy of life

insurance, the insurer shall provide to the claimant the necessary

forms to be completed to establish proof of the death of the insured

and, if required by the policy, the interest of the claimant. If

the policy contains a provision requiring surrender of the policy

prior to settlement, the insurer shall include a written statement

to that effect with the forms to be completed. Forms to establish

proof of death and proof of the interest of the claimant shall be

approved by the Insurance Commissioner.

B. An insurer shall pay the proceeds of any benefits under a

policy of life insurance not more than thirty (30) days after the

insurer has received proof of death of the insured. If the proceeds

are not paid within this period, the insurer shall pay interest on

the proceeds, at a rate which is not less than the current rate of

interest on death proceeds on deposit with the insurer, from the

date of death of the insured to the date when the proceeds are paid.

Should the insurer hold its deposits in a noninterest bearing

account, the rate of interest to be paid shall be the same rate of

interest as the average United States Treasury Bill rate of the

preceding calendar year, as certified to the Insurance Commissioner

by the State Treasurer on the first regular business day in January

of each year, plus two (2) percentage points, which shall accrue

from the thirty-first day after receipt of proof of loss until the

proceeds are paid. Payment shall be deemed to have been made on the

date an electronic payment is made or the date a check, draft or

other valid instrument which is equivalent to payment was placed in

the U.S. mails in a properly addressed, postpaid envelope; or, if

not so posted, on the date of delivery of such instrument to the

beneficiary.

C. Subsection B of this section shall not apply to any life

insurance policy issued before October 1, 1978, which contains

specific provisions to the contrary.
Okla. Stat. tit. 36, § 36-2406 — OK Code / Title 36 / Section 36-2406
Bond of custodian of funds - Nonpayment of benefits or
Status: in_force

claims - Emergency or reserve fund - Merger, consolidation or

transfer of business and property.

Before any mutual benefit association shall do business in this

state, under this article, it shall file in the office of the

Insurance Commissioner, a bond of the official custodian of its fund

executed by a surety company authorized to do business in this

state, to be approved by the Commissioner, in the sum of Ten

Oklahoma Statutes - Title 36. Insurance Page 668

Thousand Dollars ($10,000.00), to be conditioned for the prompt and

full accounting and payment to the association of all of its funds

entrusted to the officer and that are in his or her hands, and that

he or she will faithfully comply with and perform all and singular

the duties and obligations imposed upon him or her by the laws of

this state. If any such association shall fail or refuse to make

payment of any benefit or claim against the association, after final

judgment has been obtained therefor, the Commissioner shall notify

the association not to issue any new certificates or solicit new

business until such indebtedness is fully paid, and no officer or

agent of such association shall make, sign or issue any certificate

of insurance while such notice is in force. Any such mutual benefit

association hereafter organized under the laws of this state shall,

before it completes its organization and receives a certificate of

authority to do business in this state, produce and maintain an

emergency or reserve fund of at least Ten Thousand Dollars

($10,000.00), and such reserve or emergency fund produced and

maintained as herein provided shall be invested in such securities

as may be approved by the Commissioner, as required by law for the

investment of such funds, and they shall be deposited with the

Commissioner and be held by him or her in trust as an emergency fund

for the benefit and protection of, and as security for, the

certificate holders of such associations, their legal

representatives or beneficiaries, and they shall have a lien to the

extent of any valid claim arising out of a valid certificate, after

such claim has been allowed by the association or established by a

final judgment of a court of competent jurisdiction. Such

securities as are deposited with the Commissioner, pursuant to this

article, shall be part of the admitted assets of the association

depositing the same. Two or more such associations authorized to do

business in this state where one or all of them have been authorized

under the laws of this state, may merge, unite or consolidate, or

may cause the business and property, in whole or in part of one or

more of the associations to be transferred to one of such

associations, or to any insurance association, company or

corporation licensed to do business in this state, or to any person

or persons: provided, however, before doing so, they shall submit to

the Commissioner their agreement relating thereto, and, thereupon,

he or she shall approve the same if he or she is satisfied that such

merger, consolidation or transfer will not be prejudicial to the

rights of the members and that such association can comply with the

terms and conditions prescribed by law for the conduct and operation

thereof.
Okla. Stat. tit. 36, § 36-956 — OK Code / Title 36 / Section 36-956
Adverse action based upon credit information -
Status: in_force

Notification to consumer.

If an insurer takes an adverse action based upon credit

information, the insurer shall:

1. Provide notification to the consumer that an adverse action

has been taken, in accordance with the requirements of the federal

Fair Credit Reporting Act, 15 USC 1681m(a); and

2. Provide notification to the consumer explaining the reason

for the adverse action. The reasons must be provided in

sufficiently clear and specific language so that a person can

Oklahoma Statutes - Title 36. Insurance Page 218

identify the basis for the insurer’s decision to take an adverse

action. Such notification shall include a description of up to four

factors that were the primary influences of the adverse action. The

use of generalized terms such as “poor credit history”, “poor credit

rating”, or “poor insurance score” does not meet the explanation

requirements of this subsection. Standardized credit explanations

provided by consumer reporting agencies or other third-party vendors

are deemed to comply with this section.
Okla. Stat. tit. 36, § 36-2908 — OK Code / Title 36 / Section 36-2908
Organization of reciprocal insurer
Status: in_force

A. Two or more persons domiciled in Oklahoma may organize a

domestic reciprocal insurer and make application to the Insurance

Commissioner for a certificate of authority to transact insurance.

B. The proposed attorney shall fulfill the requirements of and

shall execute and file with the Insurance Commissioner, when

applying for a certificate of authority, a declaration setting

forth:

1. The name of the insurer;

Oklahoma Statutes - Title 36. Insurance Page 743

2. The location of the insurer's principal office, which shall

be the same as that of the attorney and shall be maintained within

this state;

3. The kinds of insurance proposed to be transacted;

4. The names and addresses of the original subscribers;

5. The designation and appointment of the proposed attorney and

a copy of the power of attorney;

6. The names and addresses of the officers and directors of the

attorney, if a corporation, or its members, if a firm;

7. The powers of the subscribers' advisory committee, and the

names and terms of office of the members thereof;

8. That all monies paid to the reciprocal shall, after

deducting therefrom any sum payable to the attorney, be held in the

name of the insurer and for the purposes specified in the

subscribers' agreement;

9. A copy of the subscribers' agreement;

10. A statement that each of the original subscribers has in

good faith applied for insurance of a kind proposed to be

transacted, and that the insurer has received from each such

subscriber the full premium or premium deposit required for the

policy applied for, for a term of not less than six (6) months at an

adequate rate theretofore filed with and approved by the Insurance

Commissioner;

11. A statement of the financial condition of the insurer, a

schedule of its assets, and a statement that the surplus as required

by Section 2907 of this article is on hand; and

12. A copy of each policy, endorsement, and application form it

then proposes to issue or use.

Such declaration shall be acknowledged by the attorney in the

manner required for the acknowledgement of deeds.
Okla. Stat. tit. 36, § 36-1100.1 — OK Code / Title 36 / Section 36-1100.1
Definitions
Status: in_force

As used in the Unauthorized Insurers and Surplus Lines Insurance

Act:

1. "Admitted insurer" means, with respect to a state, an

insurer that is licensed to transact the business of insurance in

such state;

2. "Home state" means:

a. except as provided in subparagraphs b through e of

this paragraph, with respect to an insured:

(1) the state in which an insured maintains its

principal place of business or, in the case of an

individual, the individual's principal residence,

or

(2) if one hundred percent (100%) of the insured risk

is located out of the state referred to in

division (1) of this subparagraph, the state to

which the greatest percentage of the insured's

taxable premium for the insurance contract is

allocated,

b. with respect to determining the home state of the

insured, "principal place of business" means:

(1) the state where the insured maintains its

headquarters and where the insured's high-level

officers direct, control and coordinate the

business activities, or

(2) if the insured maintains its headquarters or the

insured's high-level officers direct, control and

coordinate the business activities outside

Oklahoma, the state to which the greatest

percentage of the insured's taxable premium for

that insurance contract is allocated,

c. with respect to determining the home state of the

insured, "principal residence" means:

Oklahoma Statutes - Title 36. Insurance Page 246

(1) the state where the insured resides for the

greatest number of days during the calendar year,

or

(2) if the insured's principal residence is located

outside any state, the state to which the

greatest percentage of the insured's taxable

premium for that insurance is allocated,

d. if more than one insured from an affiliated group are

named insureds on a single nonadmitted insurance

contract, the term "home state" means the home state,

as determined pursuant to division (1) of subparagraph

a of this paragraph, of the member affiliated group

that has the largest percentage of premium attributed

to it under such insurance contract, or

e. when the group policyholder pays one hundred percent

(100%) of the premium from its own funds, the term

"home state" means the home state, as determined

pursuant to division (1) of subparagraph a of this

paragraph, of the group policyholder. When the group

policyholder does not pay one hundred percent (100%)

of the premium from its own funds, the term "home

state" means the home state, as determined pursuant to

division (1) of subparagraph a of this paragraph, or

of the group member;

3. "Independently procured insurance" means insurance procured

by an insured directly from a nonadmitted insurer;

4. "Licensed" means, with respect to an insurer, authorization

to transact the business of insurance in a state by a license,

certificate of authority, charter or otherwise;

5. "Multistate risk" means a risk covered by a nonadmitted

insurer with insured exposures in more than one state;

6. "Nonadmitted insurance" means any property and casualty

insurance permitted in a state to be placed directly through a

surplus lines licensee or broker with a nonadmitted insurer eligible

to accept such insurance. For purposes of the Unauthorized Insurers

and Surplus Lines Insurance Act, nonadmitted insurance includes

independently procured insurance and surplus lines insurance;

7. "Nonadmitted insurer" means, with respect to a state, an

insurer not licensed to engage in the business of insurance in such

state, but shall not include a risk retention group as that term is

defined under applicable federal law;

8. "Single-state risk" means a risk insured with insured

exposures in only one state;

9. "Surplus lines insurance" means insurance procured by a

nonadmitted licensee or broker from a surplus lines insurer as

permitted under the law of the insured's home state; and

Oklahoma Statutes - Title 36. Insurance Page 247

10. "Surplus lines licensee" or "surplus lines broker" means an

individual, firm or corporation that is licensed in the insured's

home state to sell, solicit, or negotiate insurance, including the

agent of record on a nonadmitted insurance policy, on properties,

risks or exposures located or to be performed in a state allowing

nonadmitted insurers to do business.
Okla. Stat. tit. 36, § 36-3309 — OK Code / Title 36 / Section 36-3309
Penalties
Status: in_force

Any insurer failing, without just cause, to timely file the ORSA

Summary Report as required in this act shall be required, after

notice and hearing, to pay a penalty of One Thousand Dollars

($1,000.00) for each day's delay, to be recovered by the Insurance

Commissioner. The maximum penalty under this section is Twenty-five

Thousand Dollars ($25,000.00). The Insurance Commissioner may

reduce the penalty if the insurer demonstrates to the Insurance

Commissioner that the imposition of the penalty would constitute a

financial hardship to the insurer.
Okla. Stat. tit. 36, § 36-1144 — OK Code / Title 36 / Section 36-1144
Examination by Insurance Commissioner - Scope - Report by
Status: in_force

official of another state.

A. The Insurance Commissioner shall make or cause to be made,

at least once in five (5) years, an examination of each advisory

organization licensed in this state as provided in this act, and the

Commissioner may, as often as it may deem expedient, make or cause

to be made an examination of each advisory organization referred to

in this act, and of each group, association, or other organization

referred to in this act. The reasonable cost of any such

examination shall be paid by the organization examined, upon

presentation of a detailed account of such costs.

B. The officers, managers, agents and employees of such

advisory organization may be examined, at any time, under oath, and

shall exhibit all books, records, accounts, documents or agreements

governing its method of operation.

C. In lieu of any such examination, the Commissioner may accept

the report of an examination made by the insurance supervisory

official of another state, pursuant to the laws of such state.
Okla. Stat. tit. 36, § 36-6755 — OK Code / Title 36 / Section 36-6755
Examination and enforcement of act
Status: in_force

A. After initial registration, and upon complaint or proper

cause shown, providers, administrators, insurers or other persons

shall be subject to periodic examination by the Insurance

Commissioner, in the same manner and subject to the same terms and

conditions that apply to insurers.

B. The Commissioner may take action which is necessary or

appropriate to enforce the provisions of the Oklahoma Home Service

Contract Act and the orders of the Commissioner and to protect

service contract holders in this state.

1. If a provider has violated the Oklahoma Home Service

Contract Act or the Commissioner’s rules or orders, the Commissioner

may issue an order directed to that provider to cease and desist

from committing violations of the Oklahoma Home Service Contract Act

Oklahoma Statutes - Title 36. Insurance Page 1362

or the Commissioner's rules or orders, may issue an order

prohibiting a service contract provider from selling or offering for

sale service contracts in violation of the Oklahoma Home Service

Contract Act, suspend that provider’s registration or may issue an

order imposing a civil penalty on that provider, or any combination

of the following, as applicable:

a. a person aggrieved by an order issued under this

paragraph may request a hearing before the

Commissioner. The hearing request shall be filed with

the Commissioner within twenty (20) days of the date

the Commissioner's order is effective,

b. if a hearing is requested, an order issued by the

Commissioner under this section shall be suspended

from the original effective date of the order until

completion of the hearing and final decision of the

Commissioner, and

c. at the hearing, the burden shall be on the

Commissioner to show why the order issued pursuant to

this paragraph is justified. The hearing requested

under this section shall be held in accordance with

the Administrative Procedures Act and the laws and

rules of the Insurance Department.

2. The Commissioner may bring an action in any court of

competent jurisdiction for an injunction or other appropriate relief

to enjoin threatened or existing violations of the Oklahoma Home

Service Contract Act or of the Commissioner’s orders or rules. An

action filed under this paragraph may also seek restitution on

behalf of persons aggrieved by a violation of the Oklahoma Home

Service Contract Act or orders or rules of the Commissioner.

3. A person who is found to have violated the Oklahoma Home

Service Contract Act or orders or rules of the Commissioner may be

assessed a civil penalty in an amount determined by the Commissioner

of not more than Five Hundred Dollars ($500.00) per violation and no

more than Ten Thousand Dollars ($10,000.00) in the aggregate for all

violations of a similar nature. For purposes of this section,

violations shall be of a similar nature if the violation consists of

the same or similar course of conduct, action, or practice,

irrespective of the number of times the act, conduct, or practice

which is determined to be a violation of the Oklahoma Home Service

Contract Act occurred. This act is administrative only and nothing

in this act shall be construed to create a private cause of action

hereunder.
Okla. Stat. tit. 36, § 36-2411 — OK Code / Title 36 / Section 36-2411
Dues - Emergency fund - Additional assessments
Status: in_force

A. Every mutual benefit association doing business in this

state under the provisions hereof shall by its bylaws provide for

the payment by its members of sufficient dues to cover the expenses

of conducting the business of such association and for such

assessments as may be necessary to provide funds sufficient to pay

the benefits to which its members shall be come entitled and also to

establish an emergency fund of at least One Dollar ($1.00) per

annum, per One Thousand Dollars ($1,000.00) death benefits with

which to meet any unusual or unanticipated benefits or losses which

Oklahoma Statutes - Title 36. Insurance Page 671

may become due and payable, which emergency fund shall be available

for use by the association as may be provided in its bylaws without

regard to the group, class or circle whose members might have paid

assessments therefor; provided, however, that two additional

assessments for such emergency fund of at least One Dollar ($1.00)

per One Thousand Dollars ($1,000.00) of death benefits shall be

levied annually in these circles, classes or groups where and when

it may be done in any calendar month in which no death benefit

assessment or call for dues is made upon members of such circle,

class or group; provided further, that such associations may pay

death benefits in excess of seven per thousand in any such circle,

class or group when the emergency fund to its credit shall be

sufficient therefor; and provided further, that if any annual report

of a mutual benefit association, as provided for in this article or

an investigation of the Insurance Commissioner discloses the fact

that the mortuary and emergency funds of such association will not

be sufficient to pay the benefits or losses to which its members or

their beneficiaries may be entitled during the succeeding biennial

period, the Insurance Commissioner, taking into consideration the

age of the members and any special provisions for meeting such

benefits or losses or for replenishing its funds, may direct such

association to make such additional assessments as may be necessary

to meet the said benefits or losses during the succeeding biennial

period. Out of the original membership fee charged every new member

there shall be placed in the mortuary or emergency fund a sum

sufficient to equal at least one maximum benefit assessment to which

said member would be liable under his contract. Whenever the

association shall use any portion of the mortuary or benefit funds

to pay promised benefits payable therefrom said association shall

for the purpose of replenishing, establishing or maintaining a

mortuary or benefit fund of sufficient strength to enable the

association to meet promptly all valid claims for benefit as they

mature, levy an additional assessment or assessments for such fund;

provided that the association shall not be required to levy such

assessment until in the judgment of the executive officers of such

association such additional assessment is needed; provided, that

associations which have a table of rates that are sufficient to meet

the above requirements shall not be required to make the assessment

provided for herein, upon members whose benefit certificates are

based upon such rate table.

B. The fund referenced in this section comprised of assessments

upon the members of One Dollar ($1.00) per One Thousand Dollars

($1,000.00) of death benefits need not be reported separately, but

shall become a part of the general funds of the association provided

books and records are kept on the collection and disbursement of

same.

Oklahoma Statutes - Title 36. Insurance Page 672
Okla. Stat. tit. 36, § 36-3104 — OK Code / Title 36 / Section 36-3104
Approval of form of service contract
Status: in_force

A. No service contract shall be executed, issued or delivered

in this state until the form thereof has been approved in writing by

the Commissioner, and all promotional and advertising material,

Oklahoma Statutes - Title 36. Insurance Page 758

membership cards and other indicia of membership shall be submitted

for approval on the request of the Commissioner.

B. Every service contract executed, issued or delivered in this

state shall be made in duplicate, with one copy being kept by the

issuing company and the other copy delivered to the purchasing

party.

C. No service contract shall be executed, issued or delivered

in this state unless it contains the following:

1. The exact corporate or other name of the company;

2. The exact location of its home office and of its usual place

of business in this state, giving street number and city;

3. A provision that the contract may be canceled at any time by

the club or canceled at any time by the holder, if the club or its

agent have violated any of the provisions of Section 3 or Section 5

of this act in soliciting the purchase of such contract from the

holder. If the contract is canceled, pursuant to this provision,

the holder will, if he has actually paid the consideration,

thereupon be entitled to the unused portion of the consideration

paid for such contract, calculated on a pro rata basis over the

period of the contract, without any deductions.

4. Provisions plainly specifying:

a. the services promised,

b. that the holder will not be required to pay any sum, in

addition to the amount specified in the contract, for any services

thus specified,

c. the territory wherein such services are to be rendered,

and

d. the date when such service will commence.

5. A statement in not less than 14-point modern type at the

head of said contract stating, "This is not an insurance contract."
Okla. Stat. tit. 36, § 36-2911 — OK Code / Title 36 / Section 36-2911
Modifications
Status: in_force

Modification of the terms of the subscribers' agreement or of

the power of attorney of a domestic reciprocal insurer shall be made

jointly by the attorney and the subscribers' advisory committee. No

such modification shall be effective retroactively, nor as to any

insurance contract issued prior thereto.
Okla. Stat. tit. 36, § 36-1435.20 — OK Code / Title 36 / Section 36-1435.20
Limited lines producers - Qualification for license - Travel accident and baggage
Status: in_force

Oklahoma Statutes - Title 36. Insurance Page 10Travel accident and baggage policies.

A. A limited lines producer may receive qualification for a

license in one or more of the following categories:

1. Prepaid legal liability insurance, which means the

assumption of an enforceable contractual obligation to provide

specified legal services or to reimburse policyholders for specified

legal expenses, pursuant to the provisions of a group or individual

policy;

2. Crop - insurance providing protection against damage to

crops from unfavorable weather conditions, fire or lightning, flood,

hail, insect infestation, disease or other yield-reducing conditions

or perils provided by the private insurance market, or that is

subsidized by the Federal Crop Insurance Corporation, including

Multi-Peril Crop Insurance;

3. Car rental - insurance offered, sold or solicited in

connection with and incidental to the rental of rental cars for a

period of two (2) years, whether at the rental office or by

preselection of coverage in master, corporate, group or individual

agreements that:

a. is nontransferable,

b. applies only to the rental car that is the subject of

the rental agreement, and

c. is limited to the following kinds of insurance:

(1) personal accident insurance for renters and other

rental car occupants, for accidental death or

Oklahoma Statutes - Title 36. Insurance Page 354

dismemberment, and for medical expenses resulting

from an accident that occurs with the rental car

during the rental period,

(2) liability insurance that provides protection to

the renters and other authorized drivers of a

rental car for liability arising from the

operation or use of the rental car during the

rental period,

(3) personal effects insurance that provides coverage

to renters and other vehicle occupants for loss

of, or damage to, personal effects in the rental

car during the rental period,

(4) roadside assistance and emergency sickness

protection insurance, or

(5) any other coverage designated by the Insurance

Commissioner.

A car rental limited lines license issued to a rental or leasing

company shall authorize any employee or authorized representative of

the rental or leasing company to sell or offer coverage at each

location at which the rental or leasing company operates. Employees

or authorized representatives are not required to be individually

licensed;

4. Credit - credit life, credit disability, credit property,

credit unemployment, involuntary unemployment, mortgage life,

mortgage guaranty, mortgage disability, guaranteed automobile

protection insurance, or any other form of insurance offered in

connection with an extension of credit that is limited to partially

or wholly extinguishing that credit obligation and that is

designated by the Insurance Commissioner as limited line credit

insurance;

5. Surety - insurance or bond that covers obligations to pay

the debts of, or answer for the default of another, including

faithlessness in a position of public or private trust. For purpose

of limited line licensing, surety does not include surety bail

bonds;

6. Travel;

7. Self-service storage insurance, pursuant to Section 1435.20a

of this title; and

8. Motor Service Club limited lines producer, pursuant to

Sections 3101 et seq. of this title.

B. 1. An insurance producer or limited lines producer may

solicit applications for and issue travel accident policies or

baggage insurance by means of mechanical vending machines supervised

by the insurance producer or limited lines producer only if the

Insurance Commissioner shall determine that the form of policy to be

sold is reasonably suited for sale and issuance through vending

machines, that use of vending machines for the sale of policies

Oklahoma Statutes - Title 36. Insurance Page 355

would be of convenience to the public, and that the type of vending

machine to be used is reasonably suitable and practical for the sale

and issuance of policies. Policies so sold do not have to be

countersigned.

2. The Commissioner shall issue to the insurance agent or

limited insurance representative a special vending machine license

for each such machine to be used. The license shall specify the

name and address of the insurer and licensee, the kind of insurance

and type of policy to be sold, and the place where the machine is to

be in operation. The license shall expire, be renewable, and be

suspended or revoked coincidentally with the insurance agent license

or limited representative license of the licensee. The license fee

for each vending machine shall be that stated in the provisions of

Section 1435.23 of this title. Proof of existence of the license

shall be displayed on or about each machine in such manner as the

Commissioner may reasonably require.
Okla. Stat. tit. 36, § 36-1435.23 — OK Code / Title 36 / Section 36-1435.23
License fees – Collection by Commissioner
Status: in_force

A. All applications shall be accompanied by the applicable

fees. An appointment may be deemed by the Commissioner to have

terminated upon failure by the insurer to pay the prescribed renewal

fee. The Commissioner may also by order impose a civil penalty

equal to double the amount of the unpaid renewal fee.

The Insurance Commissioner shall collect in advance the

following fees and licenses:

1. For filing appointment of Insurance

2. Miscellaneous:

a. Insurance producer's study manual:

$ 40.00

$ 40.00

Oklahoma Statutes - Title 36. Insurance Page 360

b. For filing organizational documents of

an entity applying for a license as an

3. Examination for license:

For each examination covering laws

and one or more lines of insurance.... not to exceed

$100.00

4. Licenses:

b. Nonresident insurance producer's

c. Insurance producer's biennial license

for sale or solicitation of variable

e. Nonresident limited lines producer

f. (1) Car rental limited lines biennial

license, one or two locations,

(2) Car rental limited lines biennial

license, three or more locations,

h. Managing general agent's biennial

j. Insurance vending machine, each machine,

5. Annual fee for each appointed insurance

producer, managing general agent, or limited

lines producer by insurer, each license of

6. Renewal fee for all licenses shall be the same as the

current initial license fee.

7. The fee for a duplicate license shall be one-half (1/2) the

fee of an original license.

8. The renewal of a license shall require a fee of double the

current original license fee if the application for renewal is late,

or incomplete on the renewal deadline.

9. The administrative fee for submission of a change of legal

name or address more than thirty (30) days after the change occurred

shall be Fifty Dollars ($50.00).

B. If for any reason an insurance producer license or

appointment is not issued or renewed by the Commissioner, all fees

accompanying the appointment or application for the license shall be

Oklahoma Statutes - Title 36. Insurance Page 361

deemed earned and shall not be refundable except as provided in

Section 352 of this title.

C. The Insurance Commissioner, by order, may waive licensing

fees in extraordinary circumstances for a class of producers where

the Commissioner deems that the public interest will be best served.
Okla. Stat. tit. 36, § 36-626 — OK Code / Title 36 / Section 36-626
Collection proceedings
Status: in_force

If any entity such as is referred to in this article fails to

pay the annual premium tax levied by Section 624 of this Code, it

shall be the duty of the Attorney General to institute proceedings

in the name of the State of Oklahoma on the relation of the

Insurance Commissioner in a court of competent jurisdiction to

collect said amount.
Okla. Stat. tit. 36, § 36-4035 — OK Code / Title 36 / Section 36-4035
Notice to applicants regarding replacement of life
Status: in_force

insurance or annuity.

The notice referred to in the Life Insurance and Annuity

Policyholders Protection Act shall be delivered to the applicant for

a replacement life insurance policy or a replacement annuity policy.

The legal name and address of the replacing insurer may be printed

on the notice. Said notice shall be in substance as follows:

NOTICE TO APPLICANTS REGARDING REPLACEMENT OF LIFE INSURANCE OR

AN ANNUITY. THIS NOTICE IS FOR YOUR BENEFIT AND IS REQUIRED BY LAW.

1. If you are urged to purchase life insurance and to

surrender, lapse, or in any other way change the status of existing

life insurance, the agent is required to give you this notice.

2. It may not be advantageous to drop or change existing life

insurance in favor of new life insurance, whether issued by the same

or a different insurance company. Some of the disadvantages are:

a. The amount of the annual premium under an existing

policy may be lower than that under a new policy having the same or

similar benefits.

b. Generally, the initial costs of life insurance policies

are charged against the cash value increases in the earlier policy

years, the replacement of an old policy could result in the

policyholder sustaining the burden of these costs twice.

c. The incontestable and suicide clauses begin anew in a

new policy. This could result in a claim under a new policy being

denied by the company which would have been paid under the old

policy.

d. Existing policies may have more favorable provisions

than new policies in such areas as settlement options and disability

benefits.

e. An existing policy may have a reserve value in addition

to any cash value which may be of some benefit to the insured.

Oklahoma Statutes - Title 36. Insurance Page 861

f. The insurance company carrying your current insurance

policy can often make a desired change on terms which would be more

favorable than if existing insurance is replaced with new insurance.

3. It may not be advantageous to change an existing policy to

reduced paid-up or extended term insurance or to borrow against its

loan value beyond your expected ability or intention to repay in

order to obtain funds for premiums on a new policy.

4. There may be a situation in which a replacement policy is

advantageous. You may want to receive the comments of the present

insurance company before deciding this important financial matter.

I hereby acknowledge that I received the above "Notice to Applicants

Regarding Replacement of Life Insurance or an Annuity" before I

signed the application for the proposed new insurance.

_______________________ ________________________

Date Signature of Applicant

Subparagraph c of paragraph 2 of this section shall be in 12-point

type.
Okla. Stat. tit. 36, § 36-2654 — OK Code / Title 36 / Section 36-2654
Deposit for protection of members
Status: in_force

A. Corporations governed by this article shall at all times

have on deposit with the Insurance Commissioner the sum of Five

Thousand Dollars ($5,000.00).

Every such corporation shall deposit with the Commissioner, not

later than each February 1, an amount equal to two percent (2%) of

the gross subscriptions collected during the preceding calendar

year, until the deposit of such corporation reaches a total of Ten

Thousand Dollars ($10,000.00). All such deposits shall be held by

the Commissioner in trust for the benefit and protection of the

subscribers of the corporation making the deposit.

B. The deposit prescribed by this section shall be subject to

withdrawal in whole or in part on the order of and as directed by

the Commissioner, but may, with the approval of the Commissioner, be

invested in bonds of the United States or of the State of Oklahoma,

or any political subdivision thereof, or state warrants, which shall

be assigned to the Commissioner and held by the Commissioner as

provided for original deposits. The securities may, with the

approval of the Commissioner, be exchanged for similar securities or

cash of equal amount. Interest on securities so deposited shall be

payable to the corporation depositing the same.

C. An unsettled final judgment, arising upon a certificate of

participation against such a corporation, shall be a lien on the

deposit prescribed by this section, subject to execution after

thirty (30) days from the entry of final judgment. If the deposit

is reduced thereby, it shall be replenished within ninety (90) days.

D. Upon the liquidation or dissolution of such corporation and

the satisfaction of all its liabilities, any balance remaining in

the deposit in the hands of the Commissioner and any other assets of

the insurer shall be distributed to the holders of certificates of

participation in good standing at the time proceedings for the

liquidation or dissolution of the corporation were commenced,

prorated according to the gross amount of subscriptions which have

been paid on such certificates up to the time such proceedings were

commenced.

Oklahoma Statutes - Title 36. Insurance Page 696
Okla. Stat. tit. 36, § 36-1684 — OK Code / Title 36 / Section 36-1684
Jurisdiction - Venue
Status: in_force

A. The court considering petitions brought under the Insurance

Business Transfer Act shall have the same jurisdiction as a court

order under Article 19 of this title.

B. Venue for all court proceedings under this act shall lie in

the court as defined pursuant to subsection 4 of Section 1683 of

this title.

C. Notwithstanding any other provision of law, the court may

issue any order, process, or judgment necessary or appropriate to

carry out the provisions of this act. No provision of this act

shall be construed to preclude the court from, on its own motion,

taking any action or making any determination necessary or

appropriate to enforce or implement court orders or rules, or to

prevent an abuse of power.
Okla. Stat. tit. 36, § 36-660.6 — OK Code / Title 36 / Section 36-660.6
Mutual holding company — Jurisdiction — Member rights
Status: in_force

and obligations.

A. A mutual holding company is not an insurer for the purposes

of this act.

B. A mutual holding company may not dissolve or liquidate

without approval by the Oklahoma Insurance Commissioner or unless

required by judicial order. The Commissioner retains jurisdiction

over a mutual holding company, any intermediate stock holding

company, and any subsidiary of an intermediate stock holding company

as provided in this act.

C. The members of a mutual holding company have the rights and

obligations set forth in this act and in the articles of

incorporation and bylaws of the mutual holding company. A member of

a mutual holding company may not transfer membership in the mutual

holding company or any right arising from such membership. Such

limitation on the transfer of membership or rights arising from

membership does not restrict the assignment of a policy that is

otherwise permissible. A member of a mutual holding company is not

personally liable for the acts, debts, liabilities or obligations of

the mutual holding company merely by reason of being a member. An

assessment of any kind may not be imposed on a member of a mutual

holding company. Any premium due under an insurance policy or

contract issued to a member of a mutual holding company is not

considered an assessment.

D. A membership interest in a mutual holding company does not

constitute a security.

E. Each member of a mutual holding company is entitled to one

vote on each matter coming before a meeting of the members and for

each director to be elected regardless of the number of policies or

amount of insurance and benefits held by such member. The mutual

holding company's bylaws shall set forth the voting rights of the

members of a mutual holding company.

F. Meetings of the members of a mutual holding company shall be

governed in the same manner as if the mutual holding company were a

domestic mutual insurer, including provisions governing quorum

requirements, the approval of matters by the members and the

election of directors by the members.

G. The articles of incorporation of a mutual holding company

shall contain all the following provisions:

1. The name of the mutual holding company. The name shall

include the words "mutual holding company" or "mutual insurance

holding company" or other words connoting the mutual character of

the mutual holding company that are approved by the Commissioner;

Oklahoma Statutes - Title 36. Insurance Page 173

2. A provision specifying that the mutual holding company is

not authorized to issue capital stock, whether voting or nonvoting;

and

3. A provision setting forth any rights of the members of the

mutual holding company on dissolution or liquidation.

H. A mutual holding company shall automatically be a party to

any rehabilitation or liquidation proceeding involving the converted

stock insurer that, as a result of a reorganization, is a direct or

indirect subsidiary of the mutual holding company. In such a

proceeding, the assets of the mutual holding company shall be

counted as assets of the estate of the converted stock insurer for

the purpose of satisfying the claims of the policyholders of the

converted stock insurer.
Okla. Stat. tit. 36, § 36-5104 — OK Code / Title 36 / Section 36-5104
Transactions to be authorized in writing - Required
Status: in_force

provisions.

Transactions between an RB and the insurer the RB represents in

such capacity shall be entered into only pursuant to a written

authorization, specifying the responsibilities of each party. The

authorization shall, at a minimum, contain provisions that:

1. The insurer may terminate the authority of the RB at any

time;

2. The RB shall render accounts to the insurer accurately

detailing all material transactions, including information necessary

to support all commissions, charges and other fees received by, or

owing, to the RB, and remit all funds due to the insurer within

thirty (30) days of receipt;

3. All funds collected for the insurer's account shall be held

by the RB in a fiduciary capacity in a bank which is a qualified

U.S. financial institution;

4. The RB shall comply with Section 26 of this act;

5. The RB shall comply with the written standards established

by the insurer for the cession or retrocession of all risks; and

6. The RB shall disclose to the insurer any relationship with

any reinsurer to which business will be ceded or retroceded.
Okla. Stat. tit. 36, § 36-7204 — OK Code / Title 36 / Section 36-7204
Payment deadlines
Status: in_force

A. Except as provided in subsection B of this section, the

access payments required to be paid by health carriers in Section 3

Oklahoma Statutes - Title 36. Insurance Page 1501

of this act shall be due and reported to the Insurance Commissioner

on claims paid and incurred beginning July 1, 2010.

B. The access payments required in Section 3 of this act by a

health carrier that is a third-party administrator or a self-insured

employer shall be reported and paid on the basis of claims incurred

and paid beginning July 1, 2010.

C. Access payments shall be made monthly to the Insurance

Commissioner and are due thirty (30) days after the end of each

month, except that access payments for third-party administrators

for groups of fifty or fewer members may be made annually not less

than sixty (60) days after the close of the plan year.

D. All monies collected by the Insurance Commissioner pursuant

to this act shall be paid into the State Treasury weekly and

transferred monthly to the Health Carrier Access Payment Revolving

Fund created in Section 2 of this act.

E. The Insurance Commissioner may refuse to renew, suspend or

revoke, after notice and hearing, the certificate of authority to

transact insurance in this state of any health carrier failing to

pay an access payment. In addition to failing to renew, suspension

or revocation of the certificate of authority, the Insurance

Commissioner may assess civil penalties in accordance with Section

619 of Title 36 of the Oklahoma Statutes against any health carrier

failing to pay an access payment or may take any other enforcement

action authorized by the Oklahoma Insurance Code to collect any

unpaid access payments.

F. Reasonable attorney fees shall be awarded to the Insurance

Commissioner if judicial action is necessary for the enforcement of

this act. Attorney fees shall be based upon those prevailing in the

community. Attorney fees collected by the Insurance Commissioner

without the assistance of the Attorney General shall be credited to

the State Insurance Commissioner Revolving Fund.

G. The Insurance Commissioner shall promulgate rules and the

procedures necessary for the implementation and administration of

this act.
Okla. Stat. tit. 36, § 36-1203 — OK Code / Title 36 / Section 36-1203
Unfair methods of competition or unfair and deceptive
Status: in_force

acts or practices prohibited.

Oklahoma Statutes - Title 36. Insurance Page 271

No person shall engage in this state in any trade practice which

is defined in this article as, or determined pursuant to this

article to be, an unfair method of competition or an unfair or

deceptive act or practice in the business of insurance.
Okla. Stat. tit. 36, § 36-309.1 — OK Code / Title 36 / Section 36-309.1
Examinations - Definitions
Status: in_force

As used in Sections 309.1 through 309.7 of this title:

1. "Commissioner" means the Insurance Commissioner;

2. "Company" means any person engaging in or proposing or

attempting to engage in any transaction or kind of insurance or

surety business and any person or group of persons who may otherwise

be subject to the administrative or regulatory authority of the

Commissioner;

3. "Department" means the Insurance Department;

4. "Examiner" means any individual or firm having been

authorized by the Commissioner to conduct an examination;

5. "Insurer" means every person engaged in the business of

making contracts of insurance or indemnity including not-for-profit

hospital service and medical indemnity corporations; and

6. "Person" means any individual, aggregation of individuals,

trust, association, recognized legal entity, or any affiliate

thereof.

Oklahoma Statutes - Title 36. Insurance Page 62
Okla. Stat. tit. 36, § 36-6142 — OK Code / Title 36 / Section 36-6142
Definitions
Status: in_force

As used in the Prepaid Dental Plan Act:

1. "Member" means an individual who is enrolled in a group

prepaid dental plan as a principal subscriber, and dependents who

are entitled to dental care services under the plan solely because

of their status as dependents of the principal subscriber.

2. "Membership coverage" means any certificate or contract

issued to a member specifying the dental coverage to which said

member is entitled.

3. "Prepaid dental plan" means any contractual arrangement

whereby any prepaid dental plan organization undertakes to provide

payment of dental services directly, or to arrange for prepaid

Oklahoma Statutes - Title 36. Insurance Page 1152

dental services, or to pay or make reimbursement for any dental

services not provided for by other insurance.

4. "Prepaid dental plan organization" means any person who

undertakes to conduct one or more prepaid dental plans providing

only dental services.

5. "Prepaid dental services" means services included in the

practice of dentistry in all of its branches as defined in Section

328.3 of Title 59 of the Oklahoma Statutes.

6. "Provider" means any person licensed or otherwise

authorized to furnish prepaid dental services in this state other

than an authorized insurer.
Okla. Stat. tit. 36, § 36-6035 — OK Code / Title 36 / Section 36-6035
Enforcement of act - Definitions
Status: in_force

This act shall be administered and enforced by the Insurance

Commissioner. The term "insurer" when used in this act means any

domestic life insurance company during the first two (2) years of

its existence and the provisions hereof are applicable to any such

Oklahoma Statutes - Title 36. Insurance Page 1063

insurer and to any person, firm or corporation that holds, sells or

deals in equity securities or options therefor of any domestic life

insurance company during the first two years of existence or prior

thereto. Provided, however, the provisions of this act shall not

apply after a period of two (2) years subsequent to the latest

registration for public offering under the Oklahoma Uniform

Securities Act of 2004. The term "equity securities" when used

herein includes options therefor. This act applies to domestic life

insurance companies during the first two (2) years of existence and

to every person, firm or corporation that holds, sells, or deals in

equity securities, or options therefor, of any domestic life

insurance company during the first two (2) years of the existence of

a domestic life insurance company or prior thereto or which engages

in the formation, organization or promotion of a domestic life

insurance company.
Okla. Stat. tit. 36, § 36-1425.2 — OK Code / Title 36 / Section 36-1425.2
Renumbered as § 1435.24 of this title by Laws 2001, c
Status: in_force

156, § 35, eff. Nov. 1, 2001.

Oklahoma Statutes - Title 36. Insurance Page 329
Okla. Stat. tit. 36, § 36-6470.30 — OK Code / Title 36 / Section 36-6470.30
Sponsor of sponsored captive insurance company
Status: in_force

A sponsor of a sponsored captive insurance company must be an

insurer licensed pursuant to the laws of a state, an insurance

holding company that controls an insurer licensed pursuant to the

laws of any state and subject to registration pursuant to the

insurance holding company system laws of the state of domicile of

the insurer, a reinsurer authorized or approved pursuant to the laws

of a state, or a captive insurance company formed or licensed

pursuant to the Oklahoma Captive Insurance Company Act, a holding

company, a trust, an individual or other organization as permitted

by the Insurance Commissioner. A risk retention group may be a

Oklahoma Statutes - Title 36. Insurance Page 1232

participant of a sponsored captive insurance company only to the

extent that it is the sole participant of one or more protected

cells.
Okla. Stat. tit. 36, § 36-2116 — OK Code / Title 36 / Section 36-2116
Corporate rights of mutual members
Status: in_force

With respect to the management, records, and affairs of the

insurer, a member of a domestic mutual insurer shall have the same

character of rights and relationship as a stockholder has toward a

domestic stock insurer.
Okla. Stat. tit. 36, § 36-7103 — OK Code / Title 36 / Section 36-7103
Perpetual Care Fund - Deposits into fund - Investments -
Status: in_force

Distribution methods

A. In all cemeteries in this state where burial spaces are

sold, not less than ten percent (10%) of the purchase price thereof

shall be segregated and set aside as a permanent trust fund to be

known as the "Perpetual Care Fund". The Perpetual Care Fund shall

be invested as hereinafter prescribed, and the income only shall be

used in improving, caring for, and embellishing the lots, walks,

drives, parks and other improvements in the cemeteries and

maintenance of office and care of records.

B. If a cemetery allows a person or other entity to construct

or otherwise establish a burial space at the cemetery that is not

purchased from the cemetery, the cemetery shall collect from the

person or entity an amount not less than ten percent (10%) of the

construction or retail cost of the burial space, to be deposited in

the Perpetual Care Fund of the cemetery.

Oklahoma Statutes - Title 36. Insurance Page 1481

C. The owner or designated agent of a cemetery shall set aside

and deposit the amounts required in subsections A and B of this

section in a financial institution authorized by law, as trustee, to

administer the trusts, not later than thirty (30) days after the

close of the month in which was received the final payment on the

purchase price of each burial space. The amounts shall be held by

the trustee of the Perpetual Care Fund in trust for the specific

purposes stated in a written trust agreement. The trust agreement

may provide for an individual or other entity to exist as cotrustee;

provided, however, in no instance shall the cotrustee have sole

access to deposits held in the Perpetual Care Fund, except as

otherwise provided in this act.

D. Notwithstanding the requirements of subsection C of this

section, if the total amount of the Perpetual Care Fund maintained

by the cemetery is an amount equal to or less than the standard

insurance amount per depositor as provided by the Federal Deposit

Insurance Corporation, the cemetery may, in lieu of depositing the

funds in a trust account, purchase a certificate of deposit from a

financial institution according to the terms of this subsection.

The certificate of deposit shall be pledged in favor of the Oklahoma

Insurance Department with no right of withdrawal by the cemetery,

whether before or after maturity, except upon application to, and

approval by, the Insurance Commissioner. The terms of the

certificate of deposit shall provide for notice to the Insurance

Department within thirty (30) days prior to maturity. Only interest

accruing from the certificate of deposit may be withdrawn by the

cemetery and shall be considered income for purposes of subsection A

of this section. If a cemetery maintains a certificate of deposit

in lieu of a trust fund, as it collects funds which are required to

be deposited into its Perpetual Care Fund, it shall segregate those

funds from its other operating funds and contribute those funds to

the certificate of deposit upon its next maturity date. If a

Perpetual Care Fund of a cemetery is maintained in a certificate of

deposit, but grows in an amount greater than the standard insurance

amount per depositor as provided by the Federal Deposit Insurance

Corporation, the cemetery shall comply with the provisions of

subsection C of this section by placing all of its Perpetual Care

Fund in trust and shall no longer maintain a certificate of deposit

as authorized by this subsection.

E. A cemetery regulated under this section may choose

distribution from the perpetual care fund in the form of either all

net ordinary income or an amount, not to be reduced by taxes or

fees, not exceeding five percent (5%) of the average fair market

value of the trust funds.

1. A cemetery may select a distribution method by delivering

written instructions to the trustee of the fund no later than thirty

(30) days prior to the beginning of the calendar year. Such

Oklahoma Statutes - Title 36. Insurance Page 1482

notification shall also be provided to the Insurance Commissioner.

The distribution method and distribution rate selected shall remain

in effect unless the cemetery notifies the trustee and the Insurance

Commissioner of its desire to effect a change.

2. Disbursements from the trust shall be made on a monthly,

quarterly, semi-annual or annual basis, as agreed upon by the

cemetery and the trustee.

3. In the event that the trustee does not receive written

instructions from the cemetery informing the trustee of the method

of calculation chosen, then the trustee shall calculate and disburse

the net ordinary income, as earned, on a monthly basis.

4. If the cemetery company selects a distribution based on the

average fair market value calculation, the trustees must ensure that

an investment policy is in place whose goals and objectives are

supportive of the growth of the care and maintenance fund. In order

to withdraw up to five percent (5%) of trust funds, the current

market value of the trust after the withdrawal shall be greater than

the aggregate of eighty percent (80%) of the market value of the

trust as of the preceding calendar year, plus the total

contributions made to trust principal from such date to the date

that the method of calculation is selected. If this is not the

case, distributions will be limited for that year to the net

ordinary income.

5. The Insurance Commissioner may limit or prohibit the

distribution based on average fair market value calculation in

situations where investment returns and distribution practices have

not resulted in sufficient protection of the care fund's trust

principal from a three to five year analysis, or where the trustee

and any investment manager are not able to demonstrate sufficient

knowledge and expertise regarding the effective implementation of

distributing income for the maintenance of the cemetery using this

method.

F. Without regard to the withdrawal method selected pursuant to

subsection E of this section, capital gains taxes shall be paid from

the trust principal.
Okla. Stat. tit. 36, § 36-2020.4 — OK Code / Title 36 / Section 36-2020.4
Confidentiality
Status: in_force

A. Except as provided in subsection B of this section, records

created, held by, or pertaining to the Oklahoma Property and

Casualty Insurance Guaranty Association are not public records under

the Oklahoma Open Records Act, are confidential, and are not subject

to inspection or disclosure.

B. Subsection A of this section does not apply to the plan of

operation required under Section 2008 of Title 36 of the Oklahoma

Statutes and other information required to be filed with the

Oklahoma Statutes - Title 36. Insurance Page 590

Insurance Commissioner under Title 36 of the Oklahoma Statutes

unless otherwise prohibited from release by law.
Okla. Stat. tit. 36, § 36-638 — OK Code / Title 36 / Section 36-638
Compliance with provisions of Title 36 relating to
Status: in_force

examinations, deposits and solvency regulation.

Every Multiple Employer Welfare Arrangement shall comply with

Articles 15 through 19 and Sections 309.1 through 309.7, 311.1 and

619 of this title which pertain to examinations, deposits and

solvency regulation.
Okla. Stat. tit. 36, § 36-2734.1 — OK Code / Title 36 / Section 36-2734.1
Societies subject to Article 12, Unfair Practices and
Status: in_force

Frauds.

Every society authorized to do business in this state shall be

subject to Article 12 of the Insurance Code, Unfair Practices and

Frauds. Provided, however, nothing in such provisions shall be

construed as applying to or affecting the right of any society to

determine its eligibility requirements for membership, or be

construed as applying to or affecting the offering of benefits

exclusively to members or persons eligible for membership in the

society by a subsidiary corporation or affiliated organization of

the society.
Okla. Stat. tit. 36, § 36-971 — OK Code / Title 36 / Section 36-971
Short title — Strengthen Oklahoma Homes Act
Status: in_force

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

Oklahoma Homes Act".
Okla. Stat. tit. 36, § 36-678 — OK Code / Title 36 / Section 36-678
Promulgation of rules — Violations
Status: in_force

A. The Insurance Commissioner may promulgate any rules

necessary to carry out the provisions of this section.

B. 1. The following exceptions shall apply to this act:

a. a licensee with less than Five Million Dollars

($5,000,000.00) in gross annual revenue, is exempt

from this act,

b. a licensee subject to the Health Insurance Portability

and Accountability Act, Pub. L. 104–191, 110 Stat.

1936, as amended, that has established and maintains

an information security program pursuant to such

statutes, rules, regulations, procedures, or

guidelines established thereunder, will be considered

to meet the requirements of Section 4 of this act,

provided that the licensee is compliant with and

submits a written statement to the Commissioner

certifying its compliance with the same,

c. a licensee subject to Title V of the federal Gramm-

Leach-Bliley Act of 1999 (15 U.S.C. Sections 6801-6809

and 6821-6827) that has established and maintains an

information security program pursuant to such,

statutes, rules, regulations, procedures, or

guidelines established thereunder, will be considered

to meet the requirements of Section 4 of this act,

provided that the licensee is compliant with and

Oklahoma Statutes - Title 36. Insurance Page 189

submits a written statement to the Commissioner

certifying its compliance with the same, and

d. an employee, agent, representative, or designee of a

licensee, who is also a licensee, is exempt from this

act and shall not be required to develop their own

information security program to the extent that the

employee, agent, representative, or designee is

covered by the information security program of the

licensee.

2. If a licensee ceases to qualify for an exception, the

licensee shall have one hundred eighty (180) days to comply with the

provisions of this act.

C. In the case of a violation of this act, a licensee may be

penalized in accordance with any applicable sections of the

Insurance Code, including, but not limited to, Section 908 of Title

36 of the Oklahoma Statutes, or any other provision providing for

penalties that the licensee is subject to under the license or

permit of the licensee. Nothing in this act shall be construed to

impose any civil liability for any violation of this act or omission

to act by the licensee or employees of the licensee.

D. The provisions of this act shall take precedence over any

other state laws applicable to licensees for data security and the

investigation of a cybersecurity event.
Okla. Stat. tit. 36, § 36-1207 — OK Code / Title 36 / Section 36-1207
Cease and desist orders and modifications thereof
Status: in_force

A. If, after a hearing or waiver of the right to a hearing, the

Insurance Commissioner shall determine that the method of

competition or the act or practice in question is defined in Section

1204 of this title and that the person complained of has engaged in

a method of competition, act or practice in violation of this

article, the Commissioner shall reduce these findings to writing and

shall issue and cause to be served upon the person charged with the

violation an order requiring the person to cease and desist from

engaging in such method of competition, act or practice.

B. Until the expiration of the time allowed under subsection A

of Section 1208 of this title for filing a petition for review, if

no such petition has been duly filed within such time, or if a

petition for review has been filed within such time, then until the

transcript of the record in the proceeding has been filed in the

court, as hereinafter provided, the Commissioner may at any time,

upon such notice and in such manner as the Commissioner shall deem

proper, modify or set aside in whole or in part any order issued by

the Commissioner under this section.

C. After the expiration of the time allowed for filing a

petition for review, if no petition has been duly filed within such

time, the Commissioner may at any time, after notice and opportunity

for hearing, reopen and later, modify or set aside, in whole or in

part, any order issued by the Commissioner under this section

whenever in the Commissioner's opinion conditions of fact or of law

has so changed as to require such action or if the public interest

shall so require.
Okla. Stat. tit. 36, § 36-6304 — OK Code / Title 36 / Section 36-6304
Immunity
Status: in_force

Any insurance company or person acting in its behalf, or any

authorized agency who, in good faith and without actual malice

toward the insured, releases oral or written information pursuant to

this act shall be immune from any liability arising out of a civil

action or penalty resulting from a criminal prosecution with respect

to the release of such information.
Okla. Stat. tit. 36, § 36-2031 — OK Code / Title 36 / Section 36-2031
Commissioner - Powers and duties
Status: in_force

A. In addition to the duties and powers enumerated elsewhere in

this act, the Commissioner shall:

1. Upon request of the Board, provide the Association with a

statement of the premiums in the appropriate states for each member

insurer;

2. When an impairment is declared and the amount of the

impairment is determined, serve a demand upon the impaired insurer

to make good the impairment within a reasonable time. Notice to the

impaired insurer shall constitute notice to its shareholders, if

any. The failure of the insurer to promptly comply with such demand

shall not excuse the Association from the performance of its powers

and duties under this act.

If a foreign or alien member insurer is subject to a liquidation

proceeding in its domiciliary jurisdiction or state of entry, the

Commissioner shall be appointed conservator or shall be permitted to

initiate an ancillary receivership.

B. The Commissioner may suspend or revoke, after notice and

hearing, the certificate of authority to transact insurance business

in this state of any member insurer which fails to pay an assessment

when due or fails to comply with the procedural rules. As an

alternative, the Commissioner may levy a forfeiture on any member

insurer which fails to pay an assessment when due. Such forfeiture

Oklahoma Statutes - Title 36. Insurance Page 617

shall not exceed five percent (5%) of the unpaid assessment per

month, but no forfeiture shall be less than One Hundred Dollars

($100.00) per month.

C. Any action of the Board or the Association may be appealed

to the Commissioner by any member insurer if such appeal is taken

within thirty (30) days of the action of the Board or Association.

Any final action or order of the Commissioner shall be subject to

judicial review in a court of competent jurisdiction.
Okla. Stat. tit. 36, § 36-6711 — OK Code / Title 36 / Section 36-6711
Purpose and application of act
Status: in_force

A. The purpose of this act is to promote the public welfare by

creating a comprehensive legal framework within which travel

insurance may be sold in this state.

B. The requirements of the act shall apply to travel insurance

covering any resident of this state that is sold, solicited,

negotiated or offered in this state and policies and certificates

that are delivered or issued for delivery in this state. It shall

not apply to cancellation fee waivers and travel assistance

services, except as expressly provided herein.

C. All other applicable provisions of this state’s insurance

laws shall continue to apply to travel insurance except that the

specific provisions of the Travel Insurance Act shall supersede any

general provisions of law that would otherwise be applicable to

travel insurance.
Okla. Stat. tit. 36, § 36-6401 — OK Code / Title 36 / Section 36-6401
Insurance coverage to be provided for certain persons
Status: in_force

As a condition of doing business in the State of Oklahoma, any

insurer duly licensed in Oklahoma and who, on the effective date of

this act, is writing custom harvesting insurance in any state in the

United States or who has written such insurance in the State of

Oklahoma within the past three (3) years shall provide such

insurance to those custom harvesters who are unable to procure such

insurance in the open or excess insurance market.
Okla. Stat. tit. 36, § 36-6155 — OK Code / Title 36 / Section 36-6155
Rehabilitation, liquidation, or conservation of prepaid
Status: in_force

dental plan organization.

Any rehabilitation, liquidation, or conservation of a prepaid

dental plan organization shall be conducted pursuant to the

provisions for rehabilitation, liquidation, or conservation of an

insurer provided for by Articles 18 and 19 of Title 36 of the

Oklahoma Statutes.
Okla. Stat. tit. 36, § 36-987 — OK Code / Title 36 / Section 36-987
Rate filings
Status: in_force

Rate Filings.

A. In a competitive market, every insurer shall file with the

Commissioner all rates and supplementary rate information to be used

in this state no later than thirty (30) days after the effective

date; provided, that the rates and supplementary rate information

Oklahoma Statutes - Title 36. Insurance Page 235

need not be filed for commercial risks, which by general custom are

not written according to manual rules or rating plans.

B. In a noncompetitive market, every insurer shall file with

the Commissioner all rates, supplementary rate information and

supporting information at least thirty (30) days before the proposed

effective date. The Commissioner may give written notice, within

thirty (30) days of receipt of the filing, that the Commissioner

needs additional time, not to exceed thirty (30) days from the date

of the notice to consider the filing. Upon written application of

the insurer, the Commissioner may authorize rates to be effective

before the expiration of the waiting period or an extension thereof.

A filing shall be deemed to meet the requirements of the Property

and Casualty Competitive Loss Cost Rating Act and to become

effective unless disapproved pursuant to this title by the

Commissioner before the expiration of the waiting period or an

extension thereof.

In a noncompetitive market, the filing shall be deemed in

compliance with the filing provision of this section unless the

Commissioner informs the insurer within ten (10) days after receipt

of the filings as to what supplementary rate information or

supporting information is required to complete the filing.

C. Every authorized insurer shall file with the Commissioner,

except as to rates for those lines of insurance exempted from the

provisions of the Property and Casualty Competitive Loss Cost Rating

Act by the Commissioner under subsections E and F of this section

and except for those risks designated as special risks under Section

997 of this title, all rates, supplementary rate information and any

changes and amendments which it proposes to use. An insurer may

file its rates by either filing its final rates or by filing a

multiplier and, if applicable, an expense constant adjustment to be

applied to prospective loss costs that have been filed by an

advisory organization as permitted by this title. Such loss cost

multiplier filing and expense constant filings made by insurers

shall remain in effect until amended or withdrawn by the insurer.

Every filing shall state the effective date.

D. Under rules as may be adopted, the Commissioner may, by

written order, suspend or modify the requirement of filing as to any

kind of insurance, subdivision or combination thereof, or as to

classes of risks.

E. Notwithstanding any other provision of the Property and

Casualty Competitive Loss Cost Rating Act, upon the written consent

of the insured in a separate written document, a rate in excess of

that determined in accordance with the other provisions of the

Property and Casualty Competitive Loss Cost Rating Act may be used

on a specific risk.

F. A filing and any supporting information required to be filed

shall be open to public inspection once the filing becomes effective

Oklahoma Statutes - Title 36. Insurance Page 236

except information marked confidential, trade secret, or proprietary

by the insurer or filer and except the filings of an advisory

organization which shall be open to public inspection upon the

received date of the rate, loss cost, or manual rule change. The

insurer or filer shall have the burden of asserting to the

Commissioner that a filing and supporting information are

confidential, upon the request of the Commissioner. The

Commissioner may disapprove of the insurer’s request for

confidential filing status.
Okla. Stat. tit. 36, § 36-6528 — OK Code / Title 36 / Section 36-6528
Reissuance of certain terminated coverage
Status: in_force

The Insurance Commissioner may promulgate rules to require small

employer carriers, as a condition of transacting business with small

employers in this state after the effective date of this act, to

reissue a health benefit plan to any small employer whose health

benefit plan has been terminated or not renewed by the carrier after

December 31, 1993. The Commissioner may prescribe such terms for

the reissue of coverage as the Commissioner finds are reasonable and

necessary to provide continuity of coverage to small employers.
Okla. Stat. tit. 36, § 36-6979 — OK Code / Title 36 / Section 36-6979
Tangible net equity requirements — Trust deposit
Status: in_force

A. 1. Except as approved in accordance with subsection B of

this section, each prepaid vision plan organization shall at all

times have and maintain tangible net equity equal to the greater of:

a. Fifty Thousand Dollars ($50,000.00), or

b. two percent (2%) of the organization’s annual gross

premium income, up to a maximum of the required

capital and surplus of an accident and health insurer.

2. A prepaid vision plan organization that has uncovered

expenses in excess of Fifty Thousand Dollars ($50,000.00), as

reported on the most recent annual financial statement filed with

the Insurance Commissioner, shall maintain tangible net equity equal

to twenty-five percent (25%) of the uncovered expenses in excess of

Fifty Thousand Dollars ($50,000.00) in addition to the tangible net

equity required by paragraph 1 of this subsection.

B. 1. Each prepaid vision plan organization shall deposit in

trust with the Commissioner cash, securities eligible for the

investment of capital funds under the Oklahoma Insurance Code, other

measures deemed acceptable by the Commissioner, or any combination

thereof in an amount equal to Twenty-five Thousand Dollars

($25,000.00) plus twenty-five percent (25%) of the tangible net

equity required in subsection A of this section; provided, however,

that the deposit shall not be required to exceed One Hundred

Thousand Dollars ($100,000.00). Any securities deposited under this

subsection shall be issued to the Commissioner and the prepaid

vision plan organization and shall not be released by any company

holding such security without the signatures of the Commissioner and

the authorized prepaid vision plan organization’s personnel.

Oklahoma Statutes - Title 36. Insurance Page 1455

2. The deposit shall be an admitted asset of the prepaid vision

plan organization in the determination of tangible net equity.

3. All income from deposits shall be an asset of the prepaid

vision plan organization. A prepaid vision plan organization may

withdraw a deposit or any part thereof after making a substitute

deposit of an equal amount and value. Any securities shall be

approved by the Commissioner before being substituted.

4. The deposit shall be used to protect the interests of the

members of the prepaid vision plan organization and to assure

continuation of vision plan services to members of a prepaid vision

plan organization that is in rehabilitation or conservation. If a

prepaid vision plan organization is placed in receivership or

liquidation, the deposit shall be an asset subject to the provisions

of Article 19 of the Oklahoma Insurance Code pursuant to Section

1901 et seq. of Title 36 of the Oklahoma Statutes, provided the

deposit shall not be subject to attachment by any creditors of the

prepaid vision plan organization.

5. The deposit shall not apply to a prepaid vision plan

organization that is funded by the United States government, this

state, or a political subdivision thereof.
Okla. Stat. tit. 36, § 36-953 — OK Code / Title 36 / Section 36-953
Use of credit information - Prohibited acts
Status: in_force

Oklahoma Statutes - Title 36. Insurance Page 214

An insurer authorized to do business in this state that uses

credit information to underwrite or rate risks, shall not:

1. Use an insurance score that is calculated using income,

gender, address, zip code, ethnic group, religion, marital status,

or nationality of the consumer as a factor;

2. Deny, cancel or fail to renew a policy of personal insurance

solely on the basis of credit information, without consideration of

any other applicable underwriting factor independent of credit

information and not expressly prohibited by paragraph 1 of this

section;

3. Base renewal rates for personal insurance of an insured

solely upon credit information, without consideration of any other

applicable factor independent of credit information;

4. Take adverse action against a consumer solely because the

consumer does not have a credit card account, without consideration

of any other applicable factor independent of credit information;

5. Consider an absence of credit information or an inability to

calculate an insurance score in underwriting or rating personal

insurance, unless the insurer does one of the following:

a. treats the consumer as otherwise approved by the

Insurance Commissioner, if the insurer presents

information that an absence or inability relates to

the risk for the insurer,

b. treats the consumer as if the applicant or insured had

neutral credit information, as defined by the insurer,

or

c. excludes the use of credit information as a factor and

use only other underwriting criteria;

6. Take an adverse action against a consumer based on credit

information, unless an insurer obtains and uses a credit report

issued or an insurance score calculated within ninety (90) days from

the date the policy is first written or renewal is issued;

7. Use credit information unless not later than every thirty-

six (36) months following the last time that the insurer obtained

current credit information for the insured, the insurer recalculates

the insurance score or obtains an updated credit report. Regardless

of the requirements of this subsection:

a. at annual renewal, upon the request of a consumer or

the agent of the consumer, the insurer shall

reunderwrite and rerate the policy based upon a

current credit report or insurance score. An insurer

need not recalculate the insurance score or obtain the

updated credit report of a consumer more frequently

than once in a twelve-month period,

b. the insurer shall have the discretion to obtain

current credit information upon any renewal before the

Oklahoma Statutes - Title 36. Insurance Page 215

thirty-six (36) months, if consistent with its

underwriting guidelines, and

c. no insurer need obtain current credit information for

an insured, despite the requirements of paragraph 7 of

this section, if one of the following applies:

(1) the insurer is treating the consumer as otherwise

approved by the Commissioner,

(2) the insured is in the most favorably priced tier

of the insurer, within a group of affiliated

insurers. However, the insurer shall have the

discretion to order a report, if consistent with

its underwriting guidelines,

(3) credit was not used for underwriting or rating

the insured when the policy was initially

written. However, the insurer shall have the

discretion to use credit for underwriting or

rating the insured upon renewal, if consistent

with its underwriting guidelines, or

(4) the insurer reevaluates the insured beginning no

later than thirty-six (36) months after inception

and thereafter based upon other underwriting or

rating factors, excluding credit information; and

8. Use the following as a negative factor in any insurance

scoring methodology or in reviewing credit information for the

purpose of underwriting or rating a policy of personal insurance:

a. credit inquiries not initiated by the consumer or

inquiries requested by the consumer for the credit

information of the consumer,

b. inquiries relating to insurance coverage, if so

identified on a credit report of the consumer,

c. collection accounts with a medical industry code, if

so identified on the credit report of the consumer,

d. multiple lender inquiries, if coded by the consumer

reporting agency on the credit report of the consumer

as being from the home mortgage industry and made

within thirty (30) days of one another, unless only

one inquiry is considered, and

e. multiple lender inquiries, if coded by the consumer

reporting agency on the credit report of the consumer

as being from the automobile lending industry and made

within thirty (30) days of one another, unless only

one inquiry is considered.
Okla. Stat. tit. 36, § 36-2691.6 — OK Code / Title 36 / Section 36-2691.6
Filing of forms and rates; disapproval
Status: in_force

On and after the effective date of this act, no contract

providing for chiropractic service or indemnity shall be issued or

delivered to any person in this state, nor shall any application,

rider or endorsement be issued in connection therewith, until a copy

of the form thereof and the rates pertaining thereto have been filed

Oklahoma Statutes - Title 36. Insurance Page 708

with and approved by the Insurance Commissioner. If the Insurance

Commissioner disapproves the contract, application, rider or

endorsement form, or rates, he shall make a written decision stating

the reason or reasons therefor and shall deliver a copy thereof to

the corporation and it shall be unlawful for any such corporation to

use any such form in this state. Any such corporation shall have

thirty (30) days from date of receipt of the notice of disapproval

in which to request a hearing on such disapproval.
Okla. Stat. tit. 36, § 36-6060.8b — OK Code / Title 36 / Section 36-6060.8b
Coverage for fertility preservation services —
Status: in_force

Iatrogenic infertility.

A. As used in this section:

1. “Health benefit plan” means a health benefit plan as defined

pursuant to Section 6060.4 of Title 36 of the Oklahoma Statutes;

2. “Iatrogenic infertility” means an impairment of fertility

caused directly or indirectly by surgery, chemotherapy, radiation,

or other medical treatment with a potential side effect of impaired

fertility as established by the American Society of Clinical

Oncology or the American Society for Reproductive Medicine;

3. “Religious employer” means an employer that is a church,

convention or association of churches, or an elementary or secondary

school that is controlled, operated, or principally supported by a

church or a convention or association of churches as defined

pursuant to Section 3121(w)(3)(A) of the Internal Revenue Code and

that qualifies as a tax-exempt organization under Section 501(c)(3)

of the Internal Revenue Code;

4. “Reproductive age” means the age range in which an

individual is deemed fertile as established by the American Society

of Clinical Oncology and/or the American Society for Reproductive

Medicine; and

5. “Standard fertility preservation services” means oocyte and

sperm preservation procedures, including ovarian tissue, sperm, and

oocyte cryopreservation, that are consistent with established

medical practices or professional guidelines published by the

American Society of Clinical Oncology or the American Society for

Reproductive Medicine; provided, however, standard fertility

preservation services shall not include storage.

B. 1. Any health benefit plan, including the Oklahoma

Employees Insurance Plan, that is offered, issued, or renewed on and

after the effective date of this act shall provide coverage for

standard fertility preservation services, only for individuals

diagnosed with cancer and who are within reproductive age, when a

medically necessary treatment may directly or indirectly cause

iatrogenic infertility.

Oklahoma Statutes - Title 36. Insurance Page 1100

2. A health benefit plan shall not require preauthorization for

coverage of standard fertility preservation services; however, a

health benefit plan may contain provisions for maximum benefits and

may subject the covered service to the same deductible, copayment,

coinsurance, and reasonable limitations and exclusions to the extent

that these applications are not inconsistent with the provisions of

this section.

C. 1. A religious employer may submit a written request for

exemption to a carrier of a health benefit plan, and such carrier

shall grant the exemption if the coverage required by this section

conflicts with the religious employer’s bona fide religious beliefs

and practices. A religious employer that obtains an exemption

pursuant to this subsection shall provide prospective enrollees of

its health benefit plan with written notice of the exemption.

2. Nothing in this subsection shall prohibit an enrollee of a

health benefit plan provided by his or her religious employer from

purchasing, at his or her own expense, a supplemental insurance

policy that covers standard fertility preservation services.
Okla. Stat. tit. 36, § 36-2035 — OK Code / Title 36 / Section 36-2035
Records of negotiations and meetings
Status: in_force

Records shall be kept of all negotiations and meetings in which

the Association or its representatives are involved, to discuss the

activities of the Association in carrying out its powers and duties

under Sections 8 and 9 of this act. Records of such negotiations or

meetings shall be made public only upon the termination of a

liquidation, rehabilitation, receivership or conservatorship

proceeding involving the impaired or insolvent insurer, upon the

termination of the impairment or insolvency of the insurer, or upon

an order of a court of competent jurisdiction. Nothing in this

section shall limit the duty of the Association to render a report

of its activities under Section 19 of this act.
Okla. Stat. tit. 36, § 36-307 — OK Code / Title 36 / Section 36-307
Duties of Insurance Commissioner
Status: in_force

The Insurance Commissioner shall be charged with the duty of

administration and enforcement of the provisions of the Oklahoma

Insurance Code, of any requirements placed on an insurance company

pursuant to the Oklahoma Statutes. The Commissioner shall have

jurisdiction over complaints against all persons engaged in the

business of insurance, and shall hear all matters either in person,

by authorized disinterested employees or by hearing examiners

appointed by the Commissioner for that purpose and not specifically

addressed otherwise in this act. It shall be the duty of the

Commissioner to file and safely keep all books and papers required

by law to be filed with the Insurance Department, and to keep and

preserve in permanent form a full record of proceedings including a

concise statement of the conditions of such insurers and other

entities reported and examined by the Department and its examiners.

The Commissioner shall, annually, at the earliest practicable date

after returns are received from the several authorized insurers and

other organizations, make a report to the Governor of the affairs of

the office of the Commissioner, which report shall contain a tabular

statement and synopsis of the several statements, as accepted by the

Commissioner, which shall include with respect to each insurance

company the admitted assets, liabilities except capital, capital and

Oklahoma Statutes - Title 36. Insurance Page 58

surplus, Oklahoma premium income, amount of claims paid in Oklahoma

and such other matters as may be of benefit to the public.

The Commissioner may educate consumers and make recommendations

regarding the subject of insurance in this state, and shall set

forth in a statement the various sums received and disbursed by the

Department, from and to whom and for what purpose. Such report

shall be published by and subject to the order of the Commissioner.

The Commissioner shall, upon retiring from office, deliver to the

qualified successor all furniture, records, papers and property of

the office.
Okla. Stat. tit. 36, § 36-6060.1 — OK Code / Title 36 / Section 36-6060.1
Bone density testing
Status: in_force

A. All individual and group health insurance policies providing

coverage on an expense incurred basis, and all individual and group

service or indemnity type contracts issued by a nonprofit

corporation which provide coverage for a female forty-five (45)

years of age or older in this state, except for policies that

provide coverage for specified disease or other limited benefit

coverage, shall include the coverage specified by this section for a

bone density test to qualified individuals covered by the policy

when such test is requested by a primary care or referral physician.

The test shall be subject to the policy deductible, copayments and

coinsurance limits of the plan; provided, however, no policy or

contract shall be required to reimburse more than One Hundred Fifty

Dollars ($150.00) for any such test.

B. For purposes of this section:

1. "Qualified individual" means an individual:

a. with an estrogen hormone deficiency,

b. with:

(1) vertebral abnormalities,

(2) primary hyperparathyroidism, or

(3) a history of fragility bone fractures,

c. who is receiving long-term glucocorticoid, or

d. who is currently under treatment for osteoporosis; and

2. "Bone density test" means a medically accepted measurement

of bone mass used to detect low bone mass and to determine a

qualified individual's risk for osteoporosis.
Okla. Stat. tit. 36, § 36-2926 — OK Code / Title 36 / Section 36-2926
Nonassessable policies
Status: in_force

A. If a reciprocal insurer has a surplus of assets over all

liabilities at least equal to the minimum capital stock generally

required of a domestic stock insurer authorized to transact like

kinds of insurance, upon application of the attorney and as approved

by the subscribers' advisory committee the Insurance Commissioner

shall issue his certificate authorizing the insurer to extinguish

the contingent liability of subscribers under its policies then in

force in this state, and to omit provisions imposing contingent

liability in all policies delivered or issued for delivery in this

state for so long as all such surplus remains unimpaired.

B. Upon impairment of such surplus, the Insurance Commissioner

shall forthwith revoke the certificate. Such revocation shall not

render subject to contingent liability any policy then in force and

for the remainder of the period for which the premium has

theretofore been paid; but after such revocation no policy shall be

issued or renewed without providing for contingent assessment

liability of the subscriber.

C. No insured member or subscriber of a domestic reciprocal

insurer shall be liable for assessments on policies issued by such

insurer. No policies shall be issued or renewed by a domestic

reciprocal insurer which contain provisions for contingent or

assessment liability of an insured, member or subscriber. Except,

that if required by the laws of another state in which the insurer

is transacting insurance as an authorized insurer, the insurer may

issue policies providing for the contingent liability of such of its

subscribers as may require such policies in such state, and need not

extinguish the contingent liability applicable to policies

theretofore in force in such state.