reglab/housing_qa huggingface dataset:
MT Code § 33-28-207 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 28. Captive Insurance Companies|Part 2. Operations|33-28-207. Applicable laws

  33-28-207. Applicable laws. (1) The following apply to captive insurance companies:   (a) the definitions of commissioner and department provided in 33-1-202, property insurance provided in 33-1-210, casualty insurance provided in 33-1-206, life insurance provided in 33-1-208, health insurance coverage and group health plans provided in 33-22-140, and disability income insurance provided in 33-1-235;   (b) the limitation provided in 33-2-705 on the imposition of other taxes;   (c) the provisions relating to supervision, rehabilitation, and liquidation of insurance companies as provided for in Title 33, chapter 2, part 13;   (d) the provisions of 33-1-311, 33-1-604 through 33-1-606, 33-2-112, 33-3-431, 33-18-201, 33-18-203, 33-18-205, and 33-18-242;   (e) the provisions relating to dissolution and liquidation in Title 33, chapter 3, part 6, except that a pure captive insurance company may proceed with voluntary dissolution and liquidation after prior notice to and approval of the commissioner without following the provisions of Title 33, chapter 3, part 6; and   (f) the authority of the commissioner under 33-2-701(6) to impose a fine for failure to timely file an annual statement, except that the annual statement requirements in 33-28-107 apply.   (2) This chapter may not be construed as exempting a captive insurance company, its parent, or affiliated companies from compliance with the laws governing workers' compensation insurance.   (3) A captive insurance company or branch captive insurance company that writes health insurance coverage or group health plans as defined in 33-22-140 shall comply with applicable state and federal laws.   (4) The following provisions apply to captive risk retention groups:   (a) those relating to actuarial opinions in Title 33, chapter 1, part 14;   (b) those relating to risk-based capital in Title 33, chapter 2, part 19; and   (c) those relating to insurance holding company systems in Title 33, chapter 2, part 11.   (5) Except as expressly provided in this chapter, the provisions of Title 33 do not apply to captive insurance companies.   History: En. Sec. 16, Ch. 298, L. 2001; amd. Secs. 15, 17, Ch. 383, L. 2003; amd. Sec. 3, Ch. 205, L. 2005; amd. Sec. 14, Ch. 518, L. 2007; amd. Sec. 7, Ch. 28, L. 2009; amd. Sec. 23, Ch. 227, L. 2011; amd. Sec. 9, Ch. 335, L. 2015; amd. Sec. 12, Ch. 60, L. 2019; amd. Sec. 8, Ch. 223, L. 2019.
MT Code § 33-28-302 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 28. Captive Insurance Companies|Part 3. Protected Cell Captive Insurance Companies|33-28-302. Qualification of sponsors

  33-28-302. Qualification of sponsors. A sponsor of a protected cell captive insurance company must be an insurer authorized under the laws of any state, a reinsurer authorized under the laws of any state, a captive insurance company formed or authorized under this chapter, an insurance producer licensed under chapter 17 of this title and approved by the commissioner, or any other person approved by the commissioner.   History: En. Sec. 2, Ch. 383, L. 2003; amd. Sec. 16, Ch. 518, L. 2007; amd. Sec. 7, Ch. 75, L. 2011; amd. Sec. 11, Ch. 335, L. 2015.
MT Code § 33-28-303 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 28. Captive Insurance Companies|Part 3. Protected Cell Captive Insurance Companies|33-28-303. Delinquency of protected cell captive insurance company

  33-28-303. Delinquency of protected cell captive insurance company. If delinquency proceedings have been taken against a protected cell captive insurance company:   (1) the assets of a protected cell may not be used to pay any expenses other than those attributable to the protected cell; and   (2) the capital and surplus of the protected cell captive insurance company must be available at all times to pay expenses of or claims against the protected cell captive insurance company.   History: En. Sec. 3, Ch. 383, L. 2003; amd. Sec. 17, Ch. 518, L. 2007.
MT Code § 33-28-304 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 28. Captive Insurance Companies|Part 3. Protected Cell Captive Insurance Companies|33-28-304. Participants in protected cell captive insurance companies

  33-28-304. Participants in protected cell captive insurance companies. (1) An individual or business entity may be a participant in a protected cell captive insurance company.   (2) A sponsor may be a participant in a protected cell captive insurance company.   (3) A participant is not required to be a shareholder of a protected cell captive insurance company or its affiliate.   History: En. Sec. 4, Ch. 383, L. 2003; amd. Sec. 18, Ch. 518, L. 2007; amd. Sec. 8, Ch. 75, L. 2011.
MT Code § 33-28-305 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 28. Captive Insurance Companies|Part 3. Protected Cell Captive Insurance Companies|33-28-305. Renumbered 33-28-110

  33-28-305. Renumbered 33-28-110. Sec. 21(1), Ch. 518, L. 2007.
MT Code § 33-28-306 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 28. Captive Insurance Companies|Part 3. Protected Cell Captive Insurance Companies|33-28-306. Repealed

  33-28-306. Repealed. Sec. 11, Ch. 223, L. 2019.   History: En. Sec. 6, Ch. 383, L. 2003; amd. Sec. 19, Ch. 518, L. 2007; amd. Sec. 32, Ch. 151, L. 2017.
MT Code § 33-28-307 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 28. Captive Insurance Companies|Part 3. Protected Cell Captive Insurance Companies|33-28-307. through 33-28-309 reserved

  33-28-307 through 33-28-309 reserved.
MT Code § 33-28-310 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 28. Captive Insurance Companies|Part 3. Protected Cell Captive Insurance Companies|33-28-310. Investments by protected cell captive insurance companies

  33-28-310. Investments by protected cell captive insurance companies. The assets of two or more protected cells may be combined for the purposes of investment by a protected cell captive insurance company, and the combination of the protected cells may not be construed as defeating the segregation of the assets for accounting or other purposes.   History: En. Sec. 3, Ch. 518, L. 2007.
MT Code § 33-28-401 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 28. Captive Insurance Companies|Part 4. Dormant Captive Insurers|33-28-401. Dormant captive insurer

  33-28-401. Dormant captive insurer. (1) As used in this section, unless the context requires otherwise, "dormant captive insurance company" means a captive insurance company, other than a captive risk retention group, that has:   (a) ceased transacting the business of insurance, including the issuance of insurance policies; and   (b) no remaining liabilities associated with insurance business transactions or insurance policies issued prior to the filing of its application for a certificate of dormancy under this section.   (2) A captive insurance company domiciled in Montana that meets the criteria of this section may apply to the commissioner for a certificate of dormancy. The certificate of dormancy is subject to expiration at the end of a consecutive 5-year period and may not be renewed.   (3) (a) A dormant captive insurance company that has been issued a certificate of dormancy shall:   (i) possess and thereafter maintain unimpaired, paid-in capital and surplus of not less than $25,000;   (ii) within 90 days of each fiscal year end, submit to the commissioner a report of its financial condition, verified by oath of two of its executive officers, in a form as may be prescribed by the commissioner; and   (iii) pay $1,000 annual dormancy tax due on or before March 1 of each year for any portion of the preceding year in which the captive insurance company held a certificate of dormancy. Each series of members as defined in 35-8-102 or protected cell as defined in 33-28-101 is considered separate pursuant to this section for purposes of paying the $1,000 annual dormancy tax under a certificate of dormancy. A dormant captive insurance company is not otherwise liable for any annual renewal as provided in 33-28-102.   (b) A dormant captive insurance company that has been issued a certificate of dormancy may not:   (i) be subject to or liable for the payment of any tax under 33-28-201;   (ii) be subject to examinations as provided in 33-28-108.   (4) A dormant captive insurance company shall apply to the commissioner for approval to surrender its certificate of dormancy and resume conducting the business of insurance prior to issuing any insurance policies.   (5) A certificate of dormancy must be revoked if a dormant captive insurance company no longer meets the criteria of this section.   History: En. Sec. 1, Ch. 304, L. 2017; amd. Sec. 10, Ch. 223, L. 2019.
MT Code § 33-30-101 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 30. Health Service Corporations|Part 1. General Provisions|33-30-101. Definitions

  33-30-101. Definitions. As used in this chapter, the following definitions apply:  (1) (a) "Health service corporation" means a nonprofit corporation organized or operating for the purposes of establishing and operating a nonprofit plan or plans under which prepaid hospital care, medical-surgical care, and other health care and services, or reimbursement for the preceding care and services, may be furnished to a member or beneficiary.   (b) The term does not include a direct patient care agreement established pursuant to 50-4-107.   (2) "Health services" means the health care and services provided by hospitals or other health care institutions, organizations, associations, or groups and by doctors of medicine, osteopathy, dentistry, chiropractic, optometry, and podiatry; nursing services; licensed acupuncturist services; licensed social worker, licensed professional counselor, or psychologist services; medical appliances, equipment, and supplies; and drugs, medicines, ambulance services, and other therapeutic services and supplies.   (3) "Membership contract" means any agreement, contract, or certificate by which a health service corporation describes the health services or benefits provided to its members or beneficiaries.   History: En. 40-5901 by Sec. 1, Ch. 319, L. 1975; R.C.M. 1947, 40-5901(1) thru (3); amd. Sec. 14, Ch. 544, L. 1983; amd. Sec. 3, Ch. 606, L. 1987; amd. Sec. 2, Ch. 362, L. 1991; amd. Sec. 10, Ch. 262, L. 2021.
MT Code § 33-30-102 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 30. Health Service Corporations|Part 1. General Provisions|33-30-102. Application of chapter -- construction of other related laws

  33-30-102. Application of chapter -- construction of other related laws. (1) All health service corporations are subject to the provisions of this chapter. In addition to the provisions contained in this chapter, other chapters and provisions of this title apply to health service corporations as follows: [33-2-714;] 33-2-1212; 33-3-307; 33-3-308; 33-3-401; 33-3-431; 33-3-701 through 33-3-704; 33-17-101; Title 33, chapter 2, parts 13, 19, 23, and 24; Title 33, chapter 3, part 6; Title 33, chapter 17, parts 2 and 10 through 12; and Title 33, chapters 1, 10, 12, 15, 18, 19, 22, and 32, except 33-22-111.  (2) A law of this state other than the provisions of this chapter applicable to health service corporations must be construed in accordance with the fundamental nature of a health service corporation, and in the event of a conflict, the provisions of this chapter prevail. (Bracketed reference in subsection (1) to 33-2-714 terminates June 30, 2025, on occurrence of contingency--sec. 48, Ch. 415, L. 2019.)   History: En. 40-5902 by Sec. 2, Ch. 319, L. 1975; R.C.M. 1947, 40-5902; amd. Sec. 3, Ch. 558, L. 1987; amd. Sec. 67, Ch. 379, L. 1995; amd. Sec. 38, Ch. 531, L. 1997; amd. Sec. 63, Ch. 227, L. 2001; amd. Sec. 44, Ch. 380, L. 2003; amd. Sec. 32, Ch. 271, L. 2009; amd. Sec. 32, Ch. 428, L. 2015; amd. Sec. 33, Ch. 151, L. 2017; amd. Sec. 8, Ch. 231, L. 2017; amd. Sec. 8, Ch. 25, L. 2019; amd. Sec. 22, Ch. 415, L. 2019; amd. Sec. 17, Ch. 501, L. 2021.
MT Code § 33-30-103 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 30. Health Service Corporations|Part 1. General Provisions|33-30-103. Purposes of health service corporation

  33-30-103. Purposes of health service corporation. A health service corporation may be organized for the purposes of:   (1) (a) establishing and operating a voluntary, nonprofit plan or plans under which health services, or reimbursement therefor, are furnished to persons who become members or beneficiaries; or   (b) acting as agent or intermediary for other health service corporations, for governmental body or agency, or for other corporations, associations, partnerships, or individuals in the field of health care and services; and   (2) research, education, or related activity to further objects within the purview of this chapter.   History: En. 40-5903 by Sec. 3, Ch. 319, L. 1975; R.C.M. 1947, 40-5903.
MT Code § 33-30-104 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 30. Health Service Corporations|Part 1. General Provisions|33-30-104. No profit organization may be a health service corporation

  33-30-104. No profit organization may be a health service corporation. No group, association, or organization created for or engaged in business or activity for profit, provision for the incorporation of which is made by any of the corporation laws of this state, may be organized or operated, directly or indirectly, as a health service corporation under this chapter.   History: En. 40-5904 by Sec. 4, Ch. 319, L. 1975; R.C.M. 1947, 40-5904.
MT Code § 33-30-105 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 30. Health Service Corporations|Part 1. General Provisions|33-30-105. Examination of health service corporation

  33-30-105. Examination of health service corporation. (1) If the commissioner believes a health service corporation is unable or potentially unable to fulfill its contractual obligations to its members, the commissioner may conduct an examination of that corporation.   (2) In addition to the examination authorized in subsection (1), at least once every 4 years, the commissioner shall conduct an examination of each health service corporation to determine if the corporation is fulfilling its contractual obligations by prompt satisfaction of claims at the highest monetary level consistent with reasonable dues or fees and that the corporation's management exercises appropriate fiscal controls, operations, and personnel policies to ensure that efficient and economic administration restrains overhead costs for the benefit of its members.   (3) Each health service corporation examined and its officers, employees, and insurance producers shall produce and make available to the commissioner or the commissioner's examiners the accounts, records, documents, files, information, assets, and matters in its possession or control relating to the subject of the examination.   (4) The commissioner or the commissioner's examiner shall make a verified report of the examination.   (5) The report must comprise only facts appearing from the books, papers, records, or documents of the corporation examined or ascertained from the testimony, under oath, of individuals concerning its affairs and conclusions and recommendations as warranted by those facts.   (6) The commissioner shall furnish a copy of the proposed report to the corporation examined not less than 20 days prior to its filing in the commissioner's office. If the corporation requests a hearing, in writing, within the 20-day period, the commissioner shall grant a hearing with respect to the report and may not file the report until after the hearing and after modifications, if any, that the commissioner considers proper.   (7) The health service corporation shall pay for each examination conducted pursuant to subsections (1) and (2) in accordance with 33-1-413.   History: En. 40-5912 by Sec. 12, Ch. 319, L. 1975; R.C.M. 1947, 40-5912; amd. Sec. 3, Ch. 452, L. 1981; amd. Sec. 4, Ch. 558, L. 1987; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 1242, Ch. 56, L. 2009.
MT Code § 33-30-106 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 30. Health Service Corporations|Part 1. General Provisions|33-30-106. Montana Administrative Procedure Act applicable

  33-30-106. Montana Administrative Procedure Act applicable. All final administrative actions or decisions of the commissioner under this chapter are subject to judicial review under and in accordance with the Montana Administrative Procedure Act.   History: En. 40-5916 by Sec. 16, Ch. 319, L. 1975; R.C.M. 1947, 40-5916.
MT Code § 33-30-107 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 30. Health Service Corporations|Part 1. General Provisions|33-30-107. Annual statement

  33-30-107. Annual statement. (1) On or before March 1 of each year, each health service corporation shall file an annual statement for the preceding year on the national association of insurance commissioners' health blank form with the commissioner of insurance. This annual statement must be completed in accordance with the annual statement instructions and the Accounting Practices and Procedures Manual of the national association of insurance commissioners. The statement must be accompanied by an actuarial opinion attesting to the insurer's reserves.   (2) The health service corporation shall file a statement containing any other information concerning its financial affairs that may be reasonably requested by the commissioner.   (3) (a) Each health service corporation shall file electronic versions of its annual and quarterly financial statements with the national association of insurance commissioners. The date for submission of the annual statement electronic filing is March 1. The dates for submission of the quarterly statement electronic filing are as follows:   (i) the first quarter filing is due May 15;   (ii) the second quarter filing is due August 15; and   (iii) the third quarter filing is due November 15.   (b) The commissioner may exempt health service corporations operating only in Montana from these filing requirements.   (c) The health service corporation shall pay all fees and costs associated with preparing the annual statement and other filings and submitting them to the national association of insurance commissioners.   (4) The commissioner may, after notice and hearing, suspend or revoke a health service corporation's certificate of authority or impose a fine not to exceed $100 a day and not to exceed $1,000 upon a health service corporation that fails to file an annual statement as required by this part.   History: En. Sec. 1, Ch. 657, L. 1979; amd. Sec. 68, Ch. 379, L. 1995; amd. Sec. 39, Ch. 531, L. 1997; amd. Sec. 54, Ch. 472, L. 1999; amd. Sec. 64, Ch. 227, L. 2001; amd. Sec. 45, Ch. 380, L. 2003; amd. Sec. 28, Ch. 63, L. 2015.
MT Code § 33-30-108 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 30. Health Service Corporations|Part 1. General Provisions|33-30-108. Certificate required

  33-30-108. Certificate required. (1) A person may not act as a health service corporation and a health service corporation may not conduct business in this state except as authorized by a certificate of authority issued by the commissioner.   (2) The commissioner may issue a certificate of authority after the person has complied with the applicable provisions of this title and has submitted an application on a form prescribed by the commissioner.   (3) A health service corporation is entitled to a continuation of its certificate of authority upon payment of the annual continuation fee specified in 33-30-204 on or before March 1 of each year and upon continued compliance with the provisions of this title.   (4) The commissioner may revoke or suspend any certificate of authority issued under this section for violations of this title.   History: En. Sec. 10, Ch. 558, L. 1987; amd. Sec. 69, Ch. 379, L. 1995; amd. Sec. 65, Ch. 227, L. 2001; amd. Sec. 29, Ch. 63, L. 2015.
MT Code § 33-30-109 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 30. Health Service Corporations|Part 1. General Provisions|33-30-109. Health service corporation amended articles

  33-30-109. Health service corporation amended articles. A health service corporation shall submit a copy of any articles of amendment to the commissioner within 5 business days after the articles have been filed with the office of the secretary of state.   History: En. Sec. 3, Ch. 227, L. 2001.
MT Code § 33-30-110 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 30. Health Service Corporations|Part 1. General Provisions|33-30-110. reserved

  33-30-110 reserved.
MT Code § 33-30-111 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 30. Health Service Corporations|Part 1. General Provisions|33-30-111. Notice of violation -- conference

  33-30-111. Notice of violation -- conference. If the commissioner shall for any reason have cause to believe that violation of this chapter has occurred or is threatened, the commissioner may give written notice to the health service corporation and to the representatives or other persons who appear to be involved in the suspected violation to arrange a conference with the alleged violators or their authorized representative for the purpose of attempting to ascertain the facts relating to the suspected violation, and in the event it appears that a violation has occurred or is threatened, to arrive at an adequate and effective means of correcting or preventing the violation.   History: En. 40-5920 by Sec. 20, Ch. 319, L. 1975; R.C.M. 1947, 40-5920; amd. Sec. 85, Ch. 370, L. 1987; amd. Sec. 8, Ch. 606, L. 1987.
MT Code § 33-30-112 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 30. Health Service Corporations|Part 1. General Provisions|33-30-112. Cease and desist order

  33-30-112. Cease and desist order. (1) The commissioner acting in the name of the state may issue an order directing a health service corporation or a representative of a health service corporation to cease and desist from engaging in any act or practice in violation of the provisions of this chapter.   (2) Within 15 days after service of the order of cease and desist, the respondent may request a hearing on the question of whether acts or practices in violation of this chapter have occurred. These hearings shall be conducted under the Montana Administrative Procedure Act.   History: En. 40-5921 by Sec. 21, Ch. 319, L. 1975; R.C.M. 1947, 40-5921; amd. Sec. 86, Ch. 370, L. 1987; amd. Sec. 9, Ch. 606, L. 1987.
MT Code § 33-30-113 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 30. Health Service Corporations|Part 1. General Provisions|33-30-113. Injunctive relief

  33-30-113. Injunctive relief. In the case of any violation of the provisions of this chapter if the commissioner elects not to issue a cease and desist order or in the event of noncompliance with a cease and desist order issued under this chapter, the commissioner may institute a proceeding to obtain injunctive relief, receivership, or other appropriate relief in the district court of the county in which the violation occurs or in which the principal place of business of the health service corporation is located. Any proceeding under this section shall conform to the requirements of Title 27, chapter 19 or 20, except that the commissioner shall not be required to allege facts tending to show the lack of an adequate remedy at law or tending to show irreparable damage or loss.   History: En. 40-5922 by Sec. 22, Ch. 319, L. 1975; R.C.M. 1947, 40-5922; amd. Sec. 87, Ch. 370, L. 1987; amd. Sec. 10, Ch. 606, L. 1987.