reglab/housing_qa huggingface dataset:
36 OK Stat § 36-6965 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6965. Power to investigate.

|A. The Insurance Commissioner shall have power and authority to examine and investigate the affairs of every pharmacy benefits manager (PBM) engaged in pharmacy benefits management in this state in order to determine whether such entity is in compliance with the Patient's Right to Pharmacy Choice Act. |B. All PBM files and records shall be subject to examination by the Insurance Commissioner or by duly appointed designees. The Insurance Commissioner, authorized employees and examiners shall have access to any of a PBM's files and records that may relate to a particular complaint under investigation or to an inquiry or examination by the Insurance Department.C. Every officer, director, employee or agent of the PBM, upon receipt of any inquiry from the Commissioner shall, within twenty (20) days from the date the inquiry is sent, furnish the Commissioner with an adequate response to the inquiry.D. When making an examination under this section, the Insurance Commissioner may retain subject matter experts, attorneys, appraisers, independent actuaries, independent certified public accountants or an accounting firm or individual holding a permit to practice public accounting, certified financial examiners or other professionals and specialists as examiners, the cost of which shall be borne by the PBM that is the subject of the examination.Added by Laws 2019, c. 426, § 8, eff. Nov. 1, 2019. Amended by Laws 2021, c. 472, § 9, emerg. eff. May 11, 2021.
36 OK Stat § 36-6967 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6967. Confidentiality and privilege of information.

|A. Documents, evidence, materials, records, reports, complaints or other information in the possession or control of the Insurance Department or the Right to Pharmacy Choice Commission that are obtained by, created by or disclosed to the Insurance Commissioner, Pharmacy Choice Commission or any other person in the course of an evaluation, examination, investigation or review made pursuant to the provisions of the Patient's Right to Pharmacy Choice Act, the Pharmacy Integrity Audit Act or Sections 357 through 360 of Title 59 of the Oklahoma Statutes shall be confidential by law and privileged, shall not be subject to open records request, shall not be subject to subpoena and shall not be subject to discovery or admissible in evidence in any private civil action if obtained from the Insurance Commissioner, the Pharmacy Choice Commission or any employees or representatives of the Insurance Commissioner. |B. Nothing in this section shall prevent the disclosure of a final order issued against a pharmacy benefits manager by the Insurance Commissioner or Pharmacy Choice Commission. Such orders shall be open records.C. In the course of any hearing made pursuant to the provisions of the Patient's Right to Pharmacy Choice Act, the Pharmacy Integrity Audit Act or Sections 357 through 360 of Title 59 of the Oklahoma Statutes, nothing in this section shall be construed to prevent the Insurance Commissioner or any employees or representatives of the Insurance Commissioner from presenting admissible documents, evidence, materials, records, reports or complaints to the adjudicating authority.Added by Laws 2019, c. 426, § 10, eff. Nov. 1, 2019. Amended by Laws 2021, c. 472, § 11, emerg. eff. May 11, 2021.
36 OK Stat § 36-6968 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6968. Severability.

|If any one or more provision, section, subsection, sentence, clause, phrase or word of this act or the application hereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this act shall remain effective notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed this act, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional. |Added by Laws 2019, c. 426, § 11, eff. Nov. 1, 2019.
36 OK Stat § 36-7001 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-7001. Short title - Purpose.

|Sections 21 through 23 of this act shall constitute Article 70 of the Oklahoma Insurance Code and shall be known and may be cited as the “Health Savings Account Act”. The purpose of this act is to enable citizens of Oklahoma to establish health savings accounts as permitted by Section 223 of the Internal Revenue Code as added by Section 1201 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, P.L. 108-173. |Added by Laws 2005, c. 129, § 21, eff. Nov. 1, 2005.
36 OK Stat § 36-7002 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-7002. Definitions.

|As used in the Health Savings Account Act: |1. “High deductible health plan” means a health plan which meets the requirements of Section 223(c)(2) of the Internal Revenue Code as added by Section 1201 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, P.L. 108-173; and2. “State-mandated health benefits” means coverage for health care services or benefits, required by state law or state regulations, requiring the reimbursement or utilization related to a specific illness, injury, or condition of the covered person, or inclusion of a specific category of licensed health care practitioner to be provided to the covered person in a health benefit plan for a health-related condition of a covered person. Provided, that for the purposes of the options provided by this act, state-mandated health benefits which may be excluded in whole or in part shall not include any health care services or benefits which are mandated by federal law. “State-mandated health benefits” does not mean standard provisions or rights required to be present in a health benefit plan pursuant to state law or state regulations unrelated to a specific illness, injury or condition of the insured including, but not limited to, those related to continuation of benefits found in Article 45 of the Oklahoma Insurance Code.Added by Laws 2005, c. 129, § 22, eff. Nov. 1, 2005.
36 OK Stat § 36-7003 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-7003. State-mandated health benefits – Exclusion.

|Any insurance company, health maintenance organization or group health service organization that files a high deductible health benefit plan pursuant to Section 223(c)(2) of the Internal Revenue Code as added by Section 1201 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, P.L. 108-173, shall not be required to offer coverage for any state-mandated health benefits as defined in Section 22 of this act. |Added by Laws 2005, c. 129, § 23, eff. Nov. 1, 2005.
36 OK Stat § 36-7101 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-7101. Perpetual Care Fund Act.

|Sections 7101 through 7112 of this title shall be known and may be cited as the "Perpetual Care Fund Act". |Added by Laws 1953, p. 16, § 1, emerg. eff. May 19, 1953. Amended by Laws 2010, c. 58, § 1, eff. July 1, 2010. Renumbered from § 161 of Title 8 by Laws 2010, c. 58, § 26, eff. July 1, 2010. Amended by Laws 2013, c. 269, § 16, eff. Nov. 1, 2013.
36 OK Stat § 36-7102 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-7102. Definitions

|As used in the Perpetual Care Fund Act: |1. "Cemetery" or "cemeteries" means any land or structure in this state dedicated to or used, or intended to be used, for the interment of human remains;2. "Burial space" means any grave space, lot, mausoleum crypt or niche, whether above or below ground, which is used or intended to be used for the interment of human remains;3. "Purchase price" means the gross dollar amount the customer shall pay the cemetery under a contractual agreement between the two to exchange ownership of, or rights to, certain burial spaces. Purchase price shall not include finance charges, sales tax, charges for credit life insurance, opening and closing costs and setting fees, but shall include any amount which the customer is required to pay as a deposit to the Perpetual Care Fund, described in Section 7103 of this title. On sales of burial spaces wherein discounts or free spaces are granted to the customer by the cemetery, the purchase price shall be the fair market value or the normal selling price of that particular type of burial space as sold by the cemetery;4. "Financial institution" means a federally insured bank or savings and loan authorized to exercise trust powers or a trust company that is authorized to do business in this state;5. "Income", except as provided in subsection D of Section 7103 of this title, means the return derived from the principal amount, excluding capital gains;6. "Insurance Commissioner" or "Commissioner" means the Insurance Commissioner of the State of Oklahoma; and7. "Designated agent" means one or more individuals designated by the cemetery owner and whom the owner has acknowledged as having fiduciary responsibilities under the Perpetual Care Fund Act.Added by Laws 1953, p. 16, § 2, emerg. eff. May 19, 1953. Amended by Laws 1993, c. 218, § 1, eff. Sept. 1, 1993; Laws 2008, c. 275, § 7, eff. July 1, 2008; Laws 2010, c. 58, § 2, eff. July 1, 2010. Renumbered from § 162 of Title 8 by Laws 2010, c. 58, § 27, eff. July 1, 2010. Amended by Laws 2013, c. 269, § 17, eff. Nov. 1, 2013; Laws 2016, c. 118, § 3, eff. Nov. 1, 2016.
36 OK Stat § 36-7104 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-7104. Donations, deposits or bequests in trust.

|Donations, deposits or bequests may be made in trust by mutual agreement between the cemetery and lot owner or lot owners, for the special care of specified lots, monuments or mausoleums in any such cemetery, and such funds shall be invested in like manner as the Perpetual Care Fund, but a separate account shall be kept of each amount so deposited, donated and bequeathed and only the income derived from such funds shall be used in the care, maintenance and repair of such lots, monuments and mausoleums, unless otherwise provided by the donor. |Added by Laws 1953, p. 16, § 4, emerg. eff. May 19, 1953. Renumbered from Title 8, § 164 by Laws 2010, c. 58, § 29, eff. July 1, 2010.
36 OK Stat § 36-7105 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-7105. Investment of trust funds - Income

|Accumulated trust funds held by the trustee of the Perpetual Care Fund shall be invested in the manner provided in the Oklahoma Trust Act, Sections 175.1 through 175.57 of Title 60 of the Oklahoma Statutes, and any amendments thereto. The income derived therefrom shall be returned to the cemeteries to be used by them only as provided by the Perpetual Care Fund Act and in a manner consistent with elections made pursuant to subsection E of Section 7103 of this title. |Added by Laws 1953, p. 17, § 5, emerg. eff. May 19, 1953. Amended by Laws 1995, c. 82, § 1, eff. Nov. 1, 1995; Laws 2010, c. 58, § 4, eff. July 1, 2010. Renumbered from Title 8, § 165 by Laws 2010, c. 58, § 30, eff. July 1, 2010; Amended by Laws 2016, c. 118, § 5, eff. Nov. 1, 2016.
36 OK Stat § 36-7107 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-7107. Prepayment contract finance charges - Disclosure.

|Every cemetery which provides prepayment financing programs to its customers under contracts in which a finance charge is made shall comply with all applicable provisions of the Uniform Consumer Credit Code, Sections 1-101 through 9-101 of Title 14A of the Oklahoma Statutes. |Added by Laws 1993, c. 218, § 4, eff. Sept. 1, 1993. Amended by Laws 2010, c. 58, § 6, eff. July 1, 2010. Renumbered from Title 8, § 167.1 by Laws 2010, c. 58, § 32, eff. July 1, 2010.
36 OK Stat § 36-7108 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-7108. Exceptions to application of act.

|A. The provisions of the Perpetual Care Fund Act shall not apply to municipal, religious, fraternal, or nonprofit entities, free community burial grounds, county cemetery associations, Indian tribal cemeteries on tribal land and charitable or eleemosynary institutions operating cemeteries in this state. |B. The provisions of the Perpetual Care Fund Act may apply to unincorporated cemetery associations operating cemeteries in this state. Unincorporated cemetery associations that make application with the Insurance Commissioner to maintain a perpetual care fund and are approved by the Commissioner shall comply with all provisions of the Perpetual Care Fund Act.Added by Laws 1953, p. 17, § 8, emerg. eff. May 19, 1953. Amended by Laws 1995, c. 82, § 3, eff. Nov. 1, 1995; Laws 1999, c. 196, § 1, emerg. eff. May 24, 1999; Laws 2009, c. 3, § 4, eff. July 1, 2009; Laws 2010, c. 58, § 7, eff. July 1, 2010. Renumbered from Title 8, § 168 by Laws 2010, c. 58, § 33, eff. July 1, 2010.
36 OK Stat § 36-7109 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-7109. Administration of act - Rules and regulations.

|The Perpetual Care Fund Act shall be administered by the Insurance Commissioner. The Commissioner is authorized to promulgate reasonable rules and regulations concerning the keeping and inspection of records, the filing of contracts and reports, and all other matters concerning the orderly administration and implementation of the Perpetual Care Fund Act. |Added by Laws 1993, c. 218, § 5, eff. Sept. 1, 1993. Amended by Laws 2010, c. 58, § 8, eff. July 1, 2010. Renumbered from Title 8, § 168.1 by Laws 2010, c. 58, § 34, eff. July 1, 2010.
36 OK Stat § 36-7110 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-7110. Violations - Punishment.

|Any person, firm or corporation violating any of the provisions of the Perpetual Care Fund Act shall, upon conviction, be deemed guilty of a misdemeanor and shall be subject to a fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00). |Added by Laws 1953, p. 17, § 9, emerg. eff. May 19, 1953. Amended by Laws 1993, c. 218, § 6, eff. Sept. 1, 1993. Renumbered from Title 8, § 169 by Laws 2010, c. 58, § 35, eff. July 1, 2010.
36 OK Stat § 36-7111 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-7111. Fraudulent or intentional failure to honor contract.

|It shall be unlawful for any owner or operator of a cemetery to accept money or anything of value under a contract entered into pursuant to the Perpetual Care Fund Act and fraudulently or intentionally fail or refuse to honor the contract providing for the improving, caring for, and embellishing of the burial lots, walks, drives, parks and other improvements in the cemetery. |In addition to other penalties authorized by law, this fraudulent or intentional failure or refusal to honor the contract with the consumer shall be a violation of the Oklahoma Consumer Protection Act pursuant to Sections 751 through 764.1 of Title 15 of the Oklahoma Statutes.Added by Laws 1996, c. 8, § 1, eff. July 1, 1996. Amended by Laws 2010, c. 58, § 9, eff. July 1, 2010. Renumbered from Title 8, § 169.1 by Laws 2010, c. 58, § 36, eff. July 1, 2010.
36 OK Stat § 36-7112 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-7112. Actions to recover payments and other monies - Censure and fine.

|The Insurance Commissioner may initiate an action to recover payments required to be deposited to the State Insurance Commissioner Revolving Fund pursuant to the Perpetual Care Fund Act or to recover other monies received or disbursed in violation of the Perpetual Care Fund Act. The Insurance Commissioner may, after an opportunity for hearing and a determination that an owner of a cemetery is in violation of the Perpetual Care Fund Act, censure an owner of a cemetery, levy a fine as deemed appropriate by the Commissioner, or both censure and levy a fine against an owner of a cemetery. |Added by Laws 2000, c. 205, § 29, emerg. eff. May 17, 2000. Amended by Laws 2010, c. 58, § 10, eff. July 1, 2010. Renumbered from Title 8, § 170 by Laws 2010, c. 58, § 37, eff. July 1, 2010.
36 OK Stat § 36-7121 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-7121. Cemetery Merchandise Trust Act.

|Sections 7121 through 7135 of this title shall be known and may be cited as the "Cemetery Merchandise Trust Act". |Added by Laws 1989, c. 297, § 17, eff. Nov. 1, 1989. Amended by Laws 2010, c. 58, § 11, eff. July 1, 2010. Renumbered from § 301 of Title 8 by Laws 2010, c. 58, § 38, eff. July 1, 2010. Amended by Laws 2013, c. 269, § 18, eff. Nov. 1, 2013.
36 OK Stat § 36-7122 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-7122. Definitions.

|As used in the Cemetery Merchandise Trust Act: |1. "Cemetery merchandise" means markers, memorials, vases, memorial vases, monuments, equipment, crypts, niches or outer enclosures. Cemetery merchandise shall not include the sale of lands or interests therein as grave lots or grave spaces; burial or interment rights; and delivered or installed crypts, niches or outer enclosures;2. "Purchase price" means the gross amount to be paid for cemetery merchandise under the provisions of a prepaid cemetery merchandise contract. Purchase price shall not include finance charges, sales tax, charges for real property interests or charges for credit life insurance;3. "Prepaid cemetery merchandise contract" means any agreement for the sale of cemetery merchandise by an organization which requires payment of the purchase price, in whole or in part, prior to delivery of the cemetery merchandise, which agreement is entered into from and after November 1, 1989;4. "Minimum funding requirement" means that portion of the purchase price equal to one hundred ten percent (110%) of the wholesale cost, plus delivery charges, of the cemetery merchandise covered in a prepaid cemetery merchandise contract;5. "Organization" means any individual, firm, partnership, trust, corporation, association or entity. Organization shall not include state, county, municipal, township, rural community, religious, fraternal or nonprofit entities, free community burial grounds, county cemetery associations, Indian tribal cemeteries on tribal land and charitable or eleemosynary institutions operating cemeteries in this state;6. "Outer enclosure" means a grave liner, grave box, or grave vault;7. "Lawn crypt" means a subsurface permanent outer enclosure installed before need in multiple units for the purpose of interring human remains;8. "Financial institution" means a federally insured bank, trust company, or savings and loan association which is authorized to do business in this state;9. "Commissioner" or “Insurance Commissioner” means the Insurance Commissioner of the State of Oklahoma; and10. “Wholesale cost” means an amount determined on the basis of such standard quotations and price lists as are published by the vendor of the cemetery merchandise, without regard to any discounts that may be available to the organization.Added by Laws 1989, c. 297, § 18, eff. Nov. 1, 1989. Amended by Laws 1993, c. 218, § 7, eff. Sept. 1, 1993; Laws 1994, c. 98, § 1, eff. Sept. 1, 1994; Laws 1995, c. 82, § 4, eff. Nov. 1, 1995; Laws 2009, c. 3, § 5, eff. July 1, 2009; Laws 2010, c. 58, § 12, eff. July 1, 2010. Renumbered from Title 8, § 302 by Laws 2010, c. 58, § 39, eff. July 1, 2010.
36 OK Stat § 36-7123 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-7123. Permit required - Contracts in violation of act.

|A. Any organization which shall accept money or anything of value for cemetery merchandise pursuant to a prepaid cemetery merchandise contract shall first obtain a permit from the Insurance Commissioner authorizing the transaction of this type of business before entering into the contract. It shall be unlawful to sell any prepaid cemetery merchandise unless the organization holds a valid, current permit at the time the contract is made. The organization shall not be entitled to enforce a contract made in violation of the Cemetery Merchandise Trust Act, but the purchaser, or the heirs or legal representative of the purchaser, shall be entitled to recover triple the amounts paid to the organization with interest thereon at the rate of six percent (6%) per annum under any contract made in violation of this act. |B. An organization with any prepaid cemetery merchandise contracts subject to the provisions of the Cemetery Merchandise Trust Act shall apply for, and obtain, approval of the Commissioner before transferring or conveying in any manner the cemetery, its obligations or both the cemetery and its obligations under the prepaid cemetery merchandise contracts. The application shall be accompanied by a fee equal to that required under Section 7125 of this title and shall include such information as the Commissioner may prescribe. The Commissioner shall not approve any such transfer or conveyance until the applicant has provided sufficient evidence that a cemetery merchandise trust fund equal to the minimum funding requirement is maintained pursuant to Section 7126 of this title or the applicant has obtained a surety bond pursuant to the provisions of Section 7127 of this title.Added by Laws 1989, c. 297, § 19, eff. Nov. 1, 1989. Amended by Laws 1995, c. 82, § 5, eff. Nov. 1, 1995; Laws 2009, c. 3, § 6, eff. July 1, 2009; Laws 2010, c. 58, § 13, eff. July 1, 2010. Renumbered from § 303 of Title 8 by Laws 2010, c. 58, § 40, eff. July 1, 2010. Amended by Laws 2013, c. 269, § 19, eff. Nov. 1, 2013.
36 OK Stat § 36-7124 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-7124. Administration of act – Appeals – Exemption for prepaid plans.

|A. The Cemetery Merchandise Trust Act, Sections 7121 through 7135 of this title, shall be administered by the Insurance Commissioner. The Commissioner is authorized to promulgate reasonable rules concerning the keeping and inspection of records, the filing of contracts and reports, investments of and handling of the trust funds, and all other matters concerning the orderly administration and implementation of the Cemetery Merchandise Trust Act. All prepaid cemetery merchandise contracts shall be in writing, and no contract form created after July 1, 2010, shall be used without first being submitted to, and approved by, the Commissioner. |B. An organization aggrieved by an action or order of the Commissioner may appeal the action or order to the Oklahoma Insurance Department in accordance with Article II of the Administrative Procedures Act.C. The provisions of the Cemetery Merchandise Trust Act shall not be applicable to any organization that has obtained a permit pursuant to Section 6121 of this title if the organization is in compliance with the provisions of Sections 6121 through 6136.18 of this title with respect to items that are considered cemetery merchandise pursuant to the Cemetery Merchandise Trust Act.D. Unless sold pursuant to a permit issued under Section 6121 of this title, no organization in Oklahoma may sell, in advance of actual need, the services of opening or closing a burial space, as defined in Section 7102 of this title, unless the organization deposits in trust no less than sixty-five percent (65%) of the principal amount of the services sold, or maintains a surety bond for the full principal amount of the services sold. Any contracts for services sold before July 1, 2010, remain enforceable by the purchaser against the seller.Added by Laws 1989, c. 297, § 20, eff. Nov. 1, 1989. Amended by Laws 1993, c. 218, § 8, eff. Sept. 1, 1993; Laws 1995, c. 82, § 6, eff. Nov. 1, 1995; Laws 2003, c. 57, § 27, emerg. eff. April 10, 2003; Laws 2009, c. 3, § 7, eff. July 1, 2009; Laws 2010, c. 58, § 14, eff. July 1, 2010. Renumbered from § 304 of Title 8 by Laws 2010, c. 58, § 41, eff. July 1, 2010. Amended by Laws 2013, c. 269, § 20, eff. Nov. 1, 2013.