reglab/housing_qa huggingface dataset:
IN Code § 27-1-36-42.1 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 36. Risk Based Capital Requirements|27-1-36-42.1. Action by Commissioner After Mandatory Control Level Event With Respect to Health Maintenance Organization or Limited Service Health Maintenance Organization

Sec. 42.1. (a) If a mandatory control level event occurs with respect to a health maintenance organization or a limited service health maintenance organization, the commissioner shall take the action necessary to place the health maintenance organization or limited service health maintenance organization under regulatory control under IC 27-13.(b) A mandatory control level event is sufficient grounds for the commissioner to take action against a health maintenance organization or a limited service health maintenance organization under IC 27-13 and the commissioner has the rights, powers, and duties with respect to the health maintenance organization or limited service health maintenance organization that are set forth in IC 27-13.(c) If the commissioner takes action against a health maintenance organization or a limited service health maintenance organization under an adjusted RBC report, the health maintenance organization or limited service health maintenance organization is entitled to the protections under IC 27-9-2 pertaining to summary proceedings.(d) The commissioner may forego action under subsections (a) through (c) for not more than ninety (90) days after the mandatory control level event if the commissioner finds that there is a reasonable expectation that the mandatory control level event may be eliminated within the ninety (90) day period.As added by P.L.51-2002, SEC.9.
IN Code § 27-1-36-43 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 36. Risk Based Capital Requirements|27-1-36-43. Action by Commissioner After Mandatory Control Level Event With Respect to Property and Casualty Insurer

Sec. 43. (a) If a mandatory control level event occurs with respect to a property and casualty insurer, the commissioner:(1) shall take the actions necessary to place the insurer under regulatory control under IC 27-9; or(2) in the case of an insurer that is not writing business and that is running off its existing business, may allow the insurer to continue its run-off under the supervision of the commissioner.(b) A mandatory control level event is sufficient grounds for the commissioner to take action against a property and casualty insurer under IC 27-9, and the commissioner has the rights, powers, and duties with respect to the insurer that are set forth in IC 27-9.(c) If the commissioner takes action against a property and casualty insurer under an adjusted RBC report, the insurer is entitled to the protections of IC 27-9-2 pertaining to summary proceedings.(d) The commissioner may forego action for not more than ninety (90) days after the mandatory control level event if the commissioner finds there is a reasonable expectation that the mandatory control level event may be eliminated within the ninety (90) day period.As added by P.L.186-1996, SEC.1.
IN Code § 27-1-36-44 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 36. Risk Based Capital Requirements|27-1-36-44. Confidential Department Hearing

Sec. 44. (a) The insurer has the right to a confidential departmental hearing, on the record, upon the occurrence of any of the following:(1) Notification to an insurer by the commissioner of an adjusted RBC report.(2) Notification to an insurer by the commissioner under section 32(b) of this chapter.(3) Notification to an insurer by the commissioner that:(A) the insurer has failed to adhere to its RBC plan or revised RBC plan; and(B) the insurer's failure has a substantial adverse effect on the ability of the insurer to eliminate the company action level event with respect to the insurer in accordance with its RBC plan or revised RBC plan.(4) Notification to an insurer by the commissioner of a corrective order with respect to the insurer.(b) At a confidential hearing under this section, the insurer may challenge any determination or action by the commissioner.(c) An insurer must notify the commissioner of the insurer's request for a hearing under this section not more than five (5) days after the notification by the commissioner under subsection (a). Upon receiving the insurer's request for a hearing, the commissioner shall set a date for the hearing. The date set by the commissioner must be:(1) at least ten (10); and(2) not more than thirty (30);days after the date of the insurer's request.As added by P.L.186-1996, SEC.1.
IN Code § 27-1-36-45 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 36. Risk Based Capital Requirements|27-1-36-45. Confidential Information

Sec. 45. (a) Because they contain information that might be damaging to an insurer if made available to the insurer's competitors, the following are declared confidential for purposes of IC 5-14-3-4 and are not subject to inspection and copying by the public under IC 5-14-3-3:(1) An RBC report filed with the commissioner under this chapter, to the extent that the information in the report is not required to be provided in a publicly available annual statement schedule.(2) An RBC plan filed with the commissioner under this chapter, including:(A) the results or report of any examination or analysis of an insurer performed under the plan; and(B) any corrective order issued by the commissioner under the examination or analysis.(b) The information described in subsection (a):(1) must be kept confidential by the commissioner;(2) shall not be made public; and(3) is not:(A) subject to subpoena;(B) subject to discovery in a private civil action; or(C) admissible in evidence in a private civil action;other than by the commissioner and then only for the purpose of enforcement actions taken by the commissioner under this chapter or another provision of this title.(c) The commissioner, or a person receiving documents, materials, or other information while acting under the authority of the commissioner, is not permitted or required to testify in a private civil action concerning confidential information described in subsection (a).(d) The commissioner may disclose documents, materials, and other information, including the information described in subsection (a), to:(1) other state, federal, and international regulatory agencies;(2) the NAIC and affiliates and subsidiaries of the NAIC; and(3) state, federal, and international law enforcement authorities;if the recipient agrees to maintain the confidential and privileged status of the documents, materials, and other information.(e) The commissioner:(1) may receive documents, materials, and other information, including confidential and privileged documents, materials, and information, from:(A) other state, federal, and international regulatory agencies;(B) the NAIC and affiliates and subsidiaries of the NAIC; and(C) other state, federal, and international law enforcement authorities; and(2) shall maintain as confidential or privileged all documents, materials, and other information received with notice or the understanding that the documents, materials, and information are confidential or privileged under the law of the jurisdiction that is the source of the documents, materials, and information.(f) Any applicable privilege or claim of confidentiality in documents, materials, or information described in this section is not waived as a result of the disclosure or receipt of the documents, materials, or information by the commissioner under this section.As added by P.L.186-1996, SEC.1. Amended by P.L.276-2013, SEC.28.
IN Code § 27-1-36-46 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 36. Risk Based Capital Requirements|27-1-36-46. Comparison of Insurer's Total Adjusted Capital to Rbc Levels

Sec. 46. (a) The comparison of an insurer's total adjusted capital to any of its RBC levels is a regulatory tool that may indicate the need for possible corrective action with respect to the insurer and it is not intended as a means to rank insurers generally. Except as provided in subsection (b), the action of an insurer, an insurance producer, a broker, or other person engaged in any manner in the insurance business, in:(1) making, publishing, disseminating, circulating, or placing before the public; or(2) causing, directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio or television station, or in any other way;an advertisement, an announcement, or a statement containing an assertion, a representation, or a statement regarding the RBC level of an insurer or any component derived in the calculation of the RBC level of an insurer is misleading and is prohibited.(b) If:(1) a materially false statement with respect to the comparison regarding an insurer's total adjusted capital to an RBC level of the insurer or an inappropriate comparison of any other amount to the insurer's RBC levels is published in any written publication; and(2) the insurer is able to demonstrate to the commissioner with substantial proof the:(A) falsity; or(B) inappropriateness;of the statement;the insurer may publish an announcement in a written publication if the sole purpose of the announcement is to rebut the materially false statement.As added by P.L.186-1996, SEC.1. Amended by P.L.178-2003, SEC.31.
IN Code § 27-1-36-47 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 36. Risk Based Capital Requirements|27-1-36-47. Use of Documents Referred to in Chapter

Sec. 47. (a) The:(1) RBC instructions;(2) RBC reports;(3) adjusted RBC reports;(4) RBC plans; and(5) revised RBC plans;referred to in this chapter are intended solely for use by the commissioner in monitoring the solvency of insurers and the need for possible corrective action with respect to insurers.(b) The instructions, reports, and plans referred to in subsection (a) shall not be:(1) used by the commissioner for ratemaking;(2) considered or introduced as evidence in a rate proceeding; or(3) used by the commissioner to calculate or derive any elements of an appropriate premium level or rate of return for any line of insurance that an insurer or an affiliate is authorized to write.As added by P.L.186-1996, SEC.1.
IN Code § 27-1-36-48 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 36. Risk Based Capital Requirements|27-1-36-48. Chapter Supplements Other Indiana Law

Sec. 48. This chapter is supplemental to other provisions of Indiana law and does not preclude or limit any other powers or duties of the commissioner under other provisions of Indiana law, including IC 27-9.As added by P.L.186-1996, SEC.1.
IN Code § 27-1-36-49 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 36. Risk Based Capital Requirements|27-1-36-49. Submission of Rbc Report by Foreign Insurer

Sec. 49. (a) Upon the written request of the commissioner, a foreign insurer shall submit to the commissioner an RBC report as of the last day of the calendar year most recently ended. The foreign insurer shall submit the report on or before:(1) the date on which a domestic insurer would be required to file an RBC report under this chapter; or(2) fifteen (15) days after the foreign insurer receives the request;whichever occurs later.(b) Upon the written request of the commissioner, a foreign insurer shall promptly submit to the commissioner a copy of any RBC plan that the foreign insurer has filed with the insurance commissioner of any other state.As added by P.L.186-1996, SEC.1.
IN Code § 27-1-36-50 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 36. Risk Based Capital Requirements|27-1-36-50. Filing of Rbc Plan by Foreign Insurer

Sec. 50. (a) If:(1) an event that is:(A) a company action level event;(B) a regulatory action level event; or(C) an authorized control level event;occurs with respect to a foreign insurer as determined under the RBC statute applicable in the state of domicile of the insurer (or, if no RBC statute is in force in that state, under this chapter); and(2) the insurance commissioner of the state of domicile of the foreign insurer fails to require the foreign insurer to file an RBC plan in the manner specified under that state's RBC statute (or, if no RBC statute is in force in that state, under sections 31 through 35 of this chapter);the commissioner may require the foreign insurer to file an RBC plan with the commissioner.(b) In a situation described in subsection (a), the failure of the foreign insurer to file an RBC plan with the commissioner is grounds for the commissioner to order the insurer to cease and desist from writing new insurance business in Indiana.As added by P.L.186-1996, SEC.1.
IN Code § 27-1-36-51 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 36. Risk Based Capital Requirements|27-1-36-51. Liquidation of Property of Foreign Insurer

Sec. 51. If:(1) a mandatory control level event occurs with respect to a foreign insurer; and(2) no domiciliary receiver has been appointed with respect to the foreign insurer under the rehabilitation and liquidation statute applicable in the state of domicile of the foreign insurer;the commissioner may apply to the Marion County circuit court with respect to the liquidation of property of the foreign insurer that is found in Indiana. The occurrence of the mandatory control level event is adequate grounds for the application.As added by P.L.186-1996, SEC.1.
IN Code § 27-1-36-52 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 36. Risk Based Capital Requirements|27-1-36-52. Effective Notice

Sec. 52. (a) A notice by the commissioner to an insurer that may result in regulatory action under this chapter, if transmitted by registered or certified mail, is effective when the notice is put in the mail.(b) A transmission by the commissioner to an insurer under this chapter other than a notice described in subsection (a) is effective upon the insurer's receipt of the transmission.As added by P.L.186-1996, SEC.1.
IN Code § 27-1-36-53 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 36. Risk Based Capital Requirements|27-1-36-53. Immunity From Liability

Sec. 53. There is no liability on the part of, and no cause of action shall arise against:(1) the commissioner;(2) the department; or(3) any employee or agent of the department;for any action taken in the exercise of their powers and the performance of duties under this chapter.As added by P.L.186-1996, SEC.1.
IN Code § 27-1-36-54 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 36. Risk Based Capital Requirements|27-1-36-54. Severability of Chapter Provisions

Sec. 54. The provisions of this chapter are severable in the manner provided in IC 1-1-1-8. If:(1) any provision of this chapter; or(2) the application of this chapter to any person or circumstance;is held invalid, that determination shall not affect the provisions or applications of this chapter that can be given effect without the invalid provision or application.As added by P.L.186-1996, SEC.1.
IN Code § 27-1-36-55 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 36. Risk Based Capital Requirements|27-1-36-55. Rules

Sec. 55. The commissioner, under IC 4-22-2, may adopt reasonable rules necessary for the implementation of this chapter.As added by P.L.186-1996, SEC.1.
IN Code § 27-1-36-56 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 36. Risk Based Capital Requirements|27-1-36-56. Excess Capital

Sec. 56. (a) An excess of capital over the amount produced by the:(1) risk based capital requirements contained in this chapter; and(2) formulas, schedules, and instructions referred to in this chapter;is desirable in the business of insurance. Therefore, insurers should seek to maintain capital above the RBC levels required by this chapter.(b) Additional capital is used and useful in the insurance business and helps to secure an insurer against various risks that are:(1) inherent in or affecting the business of insurance; and(2) not accounted for or only partially measured by the risk based capital requirements contained in this chapter.As added by P.L.186-1996, SEC.1.
IN Code § 27-1-37-0.2 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 37. Health Provider Contracts|27-1-37-0.2. "Affiliate" Defined

Sec. 0.2. As used in this chapter, "affiliate" means any person who, directly or indirectly through one (1) or more intermediaries, controls, is controlled by, or is under common control with, the person to whom affiliation is attributed.As added by P.L.198-2021, SEC.16.
IN Code § 27-1-37-1 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 37. Health Provider Contracts|27-1-37-1. "Emergency" Defined

Sec. 1. As used in this chapter, "emergency" means a medical condition that arises suddenly and unexpectedly and manifests itself by acute symptoms of such severity, including severe pain, that the absence of immediate medical attention could reasonably be expected by a prudent lay person who possesses an average knowledge of health and medicine to:(1) place an individual's health in serious jeopardy;(2) result in serious impairment to the individual's bodily functions; or(3) result in serious dysfunction of a bodily organ or part of the individual.As added by P.L.197-2001, SEC.1.
IN Code § 27-1-37-1.5 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 37. Health Provider Contracts|27-1-37-1.5. "Health Carrier" Defined

Sec. 1.5. (a) As used in this chapter, "health carrier" means an entity:(1) that is subject to IC 27 and the administrative rules adopted under IC 27; and(2) that enters into a contract to:(A) provide health care services;(B) deliver health care services;(C) arrange for health care services; or(D) pay for or reimburse any of the costs of health care services.(b) The term includes the following:(1) An insurer, as defined in IC 27-1-2-3(x), that issues a policy of accident and sickness insurance, as defined in IC 27-8-5-1(a).(2) A health maintenance organization, as defined in IC 27-13-1-19.(3) An administrator (as defined in IC 27-1-25-1(a)) that is licensed under IC 27-1-25.(4) A state employee health plan offered under IC 5-10-8.(5) A short term insurance plan (as defined by IC 27-8-5.9-3).(6) Any other entity that provides a plan of health insurance, health benefits, or health care services.(c) The term does not include:(1) an insurer that issues a policy of accident and sickness insurance;(2) a limited service health maintenance organization (as defined in IC 27-13-34-4); or(3) an administrator;that only provides coverage for, or processes claims for, dental or vision care services.As added by P.L.198-2021, SEC.17.
IN Code § 27-1-37-2 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 37. Health Provider Contracts|27-1-37-2. "Health Maintenance Organization" Defined

Sec. 2. As used in this chapter, "health maintenance organization" means a person that undertakes to provide or arrange for the delivery of health care services to individuals on a prepaid basis, except for the individual's responsibility for copayments or deductibles. The term includes a limited service health maintenance organization. The term does not include a staff-model health maintenance organization that employs a group of providers and that requires the providers to provide health care services solely to individuals who are entitled to coverage under a contract with the staff-model health maintenance organization or an affiliate of the staff-model health maintenance organization.As added by P.L.197-2001, SEC.1.
IN Code § 27-1-37-3 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 37. Health Provider Contracts|27-1-37-3. "Health Provider Contract" Defined

Sec. 3. As used in this chapter, "health provider contract" means an agreement with a provider or a health provider facility relating to terms and conditions of reimbursement for health care services provided to an individual under:(1) an employee welfare benefit plan (as defined in 29 U.S.C. 1002 et seq.);(2) a policy of accident and sickness insurance (as defined in IC 27-8-5-1);(3) a contract with a health maintenance organization;(4) a self-insurance program established under IC 5-10-8-7(b); or(5) a prepaid health care delivery plan entered into under IC 5-10-8-7(c).As added by P.L.197-2001, SEC.1. Amended by P.L.198-2021, SEC.18.
IN Code § 27-1-37-3.2 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 37. Health Provider Contracts|27-1-37-3.2. "Health Provider Facility" Defined

Sec. 3.2. As used in this chapter, "health provider facility" means any of the following:(1) A hospital, as defined in IC 16-18-2-179(a).(2) A hospital system.(3) An affiliate of a hospital or hospital system.As added by P.L.198-2021, SEC.19.
IN Code § 27-1-37-3.5 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 37. Health Provider Contracts|27-1-37-3.5. "Hospital System" Defined

Sec. 3.5. As used in this chapter, "hospital system" means:(1) a parent corporation of at least one (1) hospital and any entity affiliated with the parent corporation through ownership, governance, or membership; or(2) a hospital and any entity affiliated with the hospital through ownership, governance, or membership.As added by P.L.198-2021, SEC.20.
IN Code § 27-1-37-4 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 37. Health Provider Contracts|27-1-37-4. "Person" Defined

Sec. 4. (a) As used in this chapter, "person" means an individual, an agency, a political subdivision, a partnership, a corporation, an association, or any other entity.(b) The term does not include a health care provider described in IC 16-18-2-163(a)(1), IC 16-18-2-163(a)(2), IC 16-18-2-163(a)(3), or IC 16-18-2-163(a)(4).As added by P.L.197-2001, SEC.1.
IN Code § 27-1-37-5 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 37. Health Provider Contracts|27-1-37-5. "Provider" Defined

Sec. 5. As used in this chapter, "provider" means an individual or entity licensed or legally authorized to provide health care services.As added by P.L.197-2001, SEC.1.
IN Code § 27-1-37-6 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 37. Health Provider Contracts|27-1-37-6. Requiring Provider to Provide Health Care Services

Sec. 6. (a) Except as provided in subsection (b), a person may not require a provider, as a condition of entering into a health provider contract for the provision of health care services other than health care services to enrollees of a health maintenance organization, to provide health care services to enrollees of a health maintenance organization.(b) A person may require a provider, as a condition of entering into a health provider contract for the provision of health care services other than health care services to enrollees of a health maintenance organization, to provide health care services to enrollees of a health maintenance organization:(1) in an emergency; or(2) upon referral.(c) If a person requires a provider to provide health care services to enrollees of a health maintenance organization under subsection (b), the person:(1) shall reimburse the provider at rates established under the health provider contract; and(2) may not require the provider to comply with the terms and conditions of the health maintenance organization.As added by P.L.197-2001, SEC.1.