reglab/housing_qa huggingface dataset:
NJ Rev Stat § 17B:32A-9 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32A-9 - Plan of operation

17B:32A-9. Plan of operation  9. a. (1) The association shall submit to the commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments thereto shall become effective upon the commissioner's written approval or at the expiration of 30 days after submission if it has not been disapproved.  (2) If the association fails to submit a suitable plan of operation within 120 days following the effective date of this act or if at any time thereafter the association fails to submit suitable amendments to the plan, the commissioner shall adopt such plan or amendments necessary to effectuate the provisions of this act. The plan or amendments shall continue in force until modified by the commissioner or superseded by a plan submitted by the association and approved by the commissioner.  b. All member insurers shall comply with the plan of operation. c. The plan of operation shall, in addition to requirements enumerated elsewhere in this act:  (1) establish procedures for handling the assets of the association; (2) establish the amount and method of reimbursing members of the board of directors under subsection c. of section 6 of this act;  (3) establish regular places and times for meetings, including telephone conference calls, of the board of directors;  (4) establish procedures for records to be kept of all financial transactions of the association, its agents, and the board of directors;  (5) establish the procedures whereby selections for the board of directors will be made and submitted to the commissioner;  (6) establish any additional procedures for the imposition of assessments under section 8 of this act; and  (7) contain additional provisions necessary or proper for the execution of the powers and duties of the association.  d. The plan of operation may provide for the delegation of any or all powers and duties of the association, except those set forth in paragraph (3) of subsection m. of section 7 and section 8 of this act, to a corporation, association, or other organization which performs or will perform functions similar to those of the association, or its equivalent, in two or more other states. Such a corporation, association, or organization shall be reimbursed for any payments made on behalf of the association and shall be paid for its performance of any function of the association. A delegation under this subsection d. shall take effect only with the approval of both the board of directors and the commissioner, and may be made only to a corporation, association, or organization which extends protection not substantially less favorable or effective than that provided by this act.  L.1991,c.208,s.9.
NJ Rev Stat § 17B:32A-10 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32A-10 - Additional duties, powers of commissioner

17B:32A-10. Additional duties, powers of commissioner  10. a. In addition to the duties and powers enumerated elsewhere in this act, the commissioner shall:  (1) upon request of the board of directors, provide the association with a statement of the premiums in this State and any other 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 a demand shall not excuse the association from the performance of its powers and duties under this act;  (3) in any liquidation or rehabilitation proceeding involving a domestic insurer, be appointed as the liquidator or rehabilitator.  b. The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this State of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the commissioner may levy a penalty on any member insurer which fails to pay an assessment when due. That penalty shall not exceed five percent of the unpaid assessment per month, but no penalty shall be less than $100 per month.  c. Any action of the board of directors or the association may be appealed to the commissioner by any member insurer if that appeal is taken within 30 days of the final action being appealed. If a member company is appealing an assessment, the amount assessed shall be paid to the association and made available to meet association obligations during the pendency of an appeal. If the appeal of an assessment is upheld, the amount paid in error or excess shall be returned to the member company. Any final action or order of the commissioner shall be subject to judicial review in a court of competent jurisdiction.  d. The liquidator, rehabilitator, conservator or receiver of any impaired insurer may notify all interested persons of the effect of this act.  L.1991,c.208.s.10.
NJ Rev Stat § 17B:32A-13 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32A-13 - Association subject to examination, regulation

17B:32A-13 Association subject to examination, regulation  13. The association shall be subject to examination and regulation by the commissioner. The board of directors shall submit to the commissioner each year, not later than 120 days after the close of the association's fiscal year, a financial report in a form approved by the commissioner and a report of its activities during the preceding fiscal year.  L.1991,c.208,s.13.
NJ Rev Stat § 17B:32A-14 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32A-14 - Association exempt from fees, taxes

17B:32A-14. Association exempt from fees, taxes  14. The association shall be exempt from payment of all fees and all taxes levied by this State or any of its subdivisions, except taxes levied on real property.  L.1991,c.208,s.14.
NJ Rev Stat § 17B:32A-15 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32A-15 - Immunity from liability

17B:32A-15. Immunity from liability  15. a. There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors, or the commissioner or his representatives, for any action or omission by them in the performance of their powers and duties under this act. This immunity shall extend to the participation in any organization of one or more other state associations of similar purposes and to any such organization and its agents or employees.  b. With respect to any impairment or insolvency of a health service corporation created pursuant to P.L.1985, c.236 (C.17:48E-1 et seq.), the association shall have no cause of action against any not-for-profit or nonprofit corporation that is regulated by a law governing the conduct of not-for-profit or nonprofit corporations, except in the event of willful or wanton conduct, unless the not-for-profit or nonprofit corporation is a provider of health care services as defined in section 1 of P.L.1985, c.236 (C.17:48E-1). For purposes of this subsection, "willful or wanton conduct" means a course of action which shows the actual or deliberate intent to cause harm.  L.1991,c.208,s.15.
NJ Rev Stat § 17B:32A-16 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32A-16 - Stay of proceedings involving insolvent insurer

17B:32A-16. Stay of proceedings involving insolvent insurer  16. Upon application and notice, all proceedings in which an insolvent insurer is a party or is obligated to defend a party in any court in this State shall be stayed for 120 days and any additional time thereafter as may be determined by the court from the date the insolvency is determined or any ancillary proceeding is initiated in the State, whichever is later, to permit proper defense by the association of all pending causes of action. With respect to any covered claims arising from a judgment under any decision, verdict or finding based on the default of the insolvent insurer or its failure to defend an insured, the association either on its own behalf or on behalf of the insured may apply to have the judgment, order, decision, verdict or finding set aside by the court in which the judgment, order, decision, verdict or finding is entered and shall be permitted to defend against the claim on the merits.  L.1991,c.208,s.16.
NJ Rev Stat § 17B:32A-18 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32A-18 - Member insurer may offset assessments against premium tax liability

17B:32A-18. Member insurer may offset assessments against premium tax liability  18. a. A member insurer may offset against its premium tax liability, attributable to premiums written in that year, and determined pursuant to section 1 of P.L.1945, c.132 (C.54:18A-1), any assessments for which a certificate of contribution has been issued, pursuant to subsection h. of section 8 of this act, to the extent of 10% of the amount of those assessments for each of the five calendar years following the second year after the year in which those assessments were paid, except that no member insurer may offset its premium tax liability by more than 20% of its premium tax liability in any one year. If a member insurer should cease doing business in this State, any uncredited assessments may be offset against its premium tax liability for the year in which it ceases to do business in this State.  b. Any sums which are acquired by member insurers as the result of a refund from the association pursuant to subsection f. of section 8 of this act, and which have theretofore been offset against premium taxes as provided in subsection a. of this section, shall be paid by those insurers to the State as the Director of the Division of Taxation may require. The association shall notify the commissioner and the Director of the Division of Taxation of any refunds made.  c. This section shall not apply in any way to the imposition or collection of, and no offset shall be permitted against, the surtax on premiums authorized pursuant to section 76 of P.L.1990, c.8 (C.17:33B-49).  L.1991,c.208,s.18.
NJ Rev Stat § 17B:32A-19 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32A-19 - Provisions not applicable to certain insurers

17B:32A-19. Provisions not applicable to certain insurers  19. The provisions of sections 2 through 18 of this act shall not apply to any insurer which is insolvent or impaired on December 31, 1990, except as provided in paragraph (2) of subsection b. of section 3 of this act.  L.1991,c.208,s.19.
NJ Rev Stat § 17B:32B-1 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32B-1 - Short title.

17B:32B-1 Short title.  1. This act shall be known and may be cited as the "New Jersey Insolvent Health Maintenance Organization Assistance Fund Act of 2000." L.2000,c.12,s.1.
NJ Rev Stat § 17B:32B-2 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32B-2 - Purpose of act.

17B:32B-2 Purpose of act.  2. The purpose of this act is to protect, subject to certain limitations, covered individuals and providers against the failure or inability of HIP Health Plan of New Jersey, Inc. and American Preferred Provider Plan, Inc. to perform certain contractual obligations due to their insolvency. The act creates a funding mechanism and authorizes this funding mechanism to pay certain unpaid contractual obligations of these insolvent health maintenance organizations incurred prior to the date of their insolvency. In addition, providers of health care services must agree to forgive one-third of those unpaid contractual obligations due them to receive payment from the funding mechanism. This act is intended to provide only limited coverage of claims against HIP Health Plan of New Jersey, Inc. and American Preferred Provider Plan, Inc. This act is not intended to provide coverage for claims of creditors other than those of covered individuals or providers. L.2000,c.12,s.2.
NJ Rev Stat § 17B:32B-4 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32B-4 - Payment for eligible services, benefits.

17B:32B-4 Payment for eligible services, benefits.  4. This act shall provide payment for eligible services or benefits under a covered health maintenance organization contract on an equitable basis to any covered individual or provider who is entitled to receive payment from HIP Health Plan of New Jersey, Inc. and American Preferred Provider Plan, Inc. for an eligible claim that remains unpaid. L.2000,c.12,s.4.
NJ Rev Stat § 17B:32B-5 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32B-5 - New Jersey Insolvent Health Maintenance Organization Assistance Association.

17B:32B-5 New Jersey Insolvent Health Maintenance Organization Assistance Association.  5. There is created a nonprofit legal entity to be known as the New Jersey Insolvent Health Maintenance Organization Assistance Association. All health maintenance organizations authorized to transact business in this State shall be and remain members of the association as a condition of their authority to transact business in this State. The association shall perform its functions under the plan of operation established and approved pursuant to section 10 of this act and shall exercise its powers through a board of directors established pursuant to section 7 of this act. The association shall be supervised by the commissioner and is subject to the provisions of this act. L.2000,c.12,s.5.
NJ Rev Stat § 17B:32B-6 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32B-6 - New Jersey Insolvent Health Maintenance Organization Assistance Fund.

17B:32B-6 New Jersey Insolvent Health Maintenance Organization Assistance Fund.  6. a. For purposes of administration and assessment, the New Jersey Insolvent Health Maintenance Organization Assistance Fund is created, and shall be held in trust and maintained by the association as provided in this act for the purposes specified in this act. b. The New Jersey Insolvent Health Maintenance Organization Assistance Fund is created as a limited purpose trust fund consisting of not more than $100,000,000 as follows: (1) $50,000,000 to be deposited in the fund pursuant to section 17 of this act; and (2) an additional aggregate sum of not more than $50,000,000 collected through assessments over a three-year period as provided in section 9 of this act. Moneys deposited in the fund pursuant to this section shall be deposited with the State Treasurer in the State of New Jersey Cash Management Fund established pursuant to section 1 of P.L.1977, c.281 (C.52:18A-90.4), pending disbursement for the payment of eligible claims as provided in this act. c. Moneys deposited in the fund in accordance with this act shall be used by the association to pay eligible claims of the insolvent organizations and loss adjustment expenses associated with the claims, including the cost of claims adjudication. L.2000,c.12,s.6.
NJ Rev Stat § 17B:32B-7 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32B-7 - Board of directors.

17B:32B-7 Board of directors.  7. a. The board of directors of the association shall consist of not less than five nor more than nine members, who shall be representative of the member organizations, serving terms as established in the plan of operation. The members of the board of directors shall be selected by a vote of the member organizations, subject to the approval of the commissioner, with each member organization entitled to one vote. Vacancies on the board of directors shall be filled for the remaining period of the term in the same manner as the initial appointment. b. To allow for the selection of the initial board of directors and the organization of the association, the commissioner shall give notice to all member organizations of the time and place of an organizational meeting no later than 30 days following the effective date of this act. If the member organizations have not selected a suitable board of directors no later than 30 days following the organizational meeting, the commissioner may appoint the initial members of the board of directors. c. In approving or appointing members to the board of directors, the commissioner shall consider, among other things, whether all member organizations are fairly represented. No representative of an association member that is exempt or becomes exempt from assessments pursuant to subsection e. of section 9 of this act shall be eligible for membership or remain on the board. d. Members of the board of directors may be reimbursed from the assets of the association for reasonable expenses incurred by them as members of the board of directors, but shall not otherwise be compensated by the association for their services. L.2000,c.12,s.7.
NJ Rev Stat § 17B:32B-11 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32B-11 - Additional powers, duties of the commissioner.

17B:32B-11 Additional powers, duties of the commissioner.  11. a. In addition to the duties and powers enumerated elsewhere in this act, the commissioner shall, upon request of the board of directors, provide the association with a statement of the net written premiums received in this State and any other appropriate states for each member organization. b. The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact business in this State of any member organization which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the commissioner may levy a penalty on any member organization which fails to pay an assessment when due. That penalty shall not exceed five percent of the unpaid assessment per month, but no penalty shall be less than $100 per month. c. Any action of the board of directors or the association may be appealed to the commissioner by a member organization if that appeal is taken within 30 days from the final action being appealed. If a member organization is appealing an assessment, the amount assessed shall be paid to the association and made available to meet association obligations during the pendency of an appeal. If the appeal of an assessment is successful, the amount paid in error or excess shall be returned to the member organization. Any determination of an appeal from an action of the board of directors shall be subject to review by the commissioner on the record below, and shall not be considered a contested case under the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The commissioner's determination shall be a final agency decision subject to review by the Appellate Division of the Superior Court. L.2000,c.12,s.11.
NJ Rev Stat § 17B:32B-12 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32B-12 - Tax credit permitted for member organizations.

17B:32B-12 Tax credit permitted for member organizations.  12. a. A member organization shall be allowed a credit against the tax imposed pursuant to section 5 of P.L.1945, c.162 (C.54:10A-5), in an amount equal to 50 % of an assessment for which a certificate of contribution has been issued pursuant to subsection i. of section 9 of this act. One-fifth of that credit amount may be applied against the tax imposed pursuant to section 5 of P.L.1945, c.162 (C.54:10A-5) for each of the five privilege periods beginning on or after the third calendar year commencing after the assessment was paid, provided however, that no member organization may reduce that tax liability pursuant to this section by more than 20% of the amount (determined without regard to any other credits allowed pursuant to law) otherwise due for a privilege period. If a member organization should cease doing business in this State, any credit amounts not yet applied against its liability may be applied against its liability for tax imposed pursuant to section 5 of P.L.1945, c.162 (C.54:10A-5) for the privilege period that it ceases to do business in this State. b. Any sums that are acquired by a member organization as the result of a refund from the association pursuant to subsection g. of section 9 of this act are deemed to be assessment amounts for which a credit was allowed pursuant to subsection a. of this section. If the member organization has applied any amounts of the credit allowed pursuant to subsection a. of this section, then 50% of the amount of any refund shall be paid by the member organization to the State as the Director of the Division of Taxation in the Department of the Treasury may require until the amounts paid equal the amounts applied as credit. The association shall notify the commissioner and the director of any refunds made. L.2000,c.12,s.12.
NJ Rev Stat § 17B:32B-13 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32B-13 - Examination, regulation.

17B:32B-13 Examination, regulation.  13. a. The association shall be subject to examination and regulation by the commissioner. The board of directors shall submit to the commissioner each year, not later than 120 days after the close of the association's fiscal year, a financial report in a form approved by the commissioner and a report of its activities during the preceding fiscal year. b. The commissioner shall report annually to the Chairman and the Ranking Minority member of the Assembly Appropriations Committee and the Chairman and the Ranking Minority member of the Senate Budget and Appropriations Committee regarding the administration of the fund, including the status of pending litigation, the amount of claims made and the amount of any distributions on those claims, as well as the effects of the assessments under this act on the operations of member organizations. L.2000,c.12,s.13.
NJ Rev Stat § 17B:32B-14 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32B-14 - Exemption of association from certain fees, taxes.

17B:32B-14 Exemption of association from certain fees, taxes.  14. The association shall be exempt from the payment of all fees and all taxes levied by this State or any of its subdivisions, except those levied on real property. L.2000,c.12,s.14.
NJ Rev Stat § 17B:32B-15 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32B-15 - Condition for receipt by providers of payments.

17B:32B-15 Condition for receipt by providers of payments.  15. As a condition of receiving payment directly from the association for an eligible claim against an insolvent organization, a provider shall agree to forgive that organization of one-third of the unpaid contractual obligation incurred prior to insolvency, which would otherwise be paid by the organization had it not been insolvent. The foregoing shall not apply to any portion of an eligible claim owed to a provider by another insurer, health maintenance organization, or other payer through a coordination of benefits provision. The association is not bound by an assignment of benefits executed with respect to the coverage provided by the insolvent organization. The association may aggregate all eligible claims owed providers when negotiating direct payment of eligible claims of all covered individuals. Nothing in this act shall be construed to preclude any provider from collecting moneys owing to the provider from a self-insured benefit plan that contracted with an insolvent organization to pay claims on an administrative services only basis. L.2000,c.12,s.15.