reglab/housing_qa huggingface dataset:
TN Code § 56-47-106 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 47 - Workers' Compensation Fraud Act|§ 56-47-106. Restitution

  A person convicted of a violation of § 56-47-103 shall be ordered to make monetary restitution for any financial loss or damages sustained by an injured employee or any other person as a result of the violation. Financial loss or damage shall include, but is not necessarily limited to, loss of earnings, out-of-pocket and other expenses, paid deductible amounts under an insurance policy, insurer claim payments, costs reasonably attributed to investigations and recovery efforts by owners, insurers, insurance professionals, law enforcement and other public authorities, and costs of prosecution.   When restitution is ordered, the court shall determine its extent and methods. Restitution may be imposed in addition to a fine and, if ordered, any other penalty, but not in lieu thereof. The court shall determine whether restitution, if ordered, shall be paid in a single payment or installments and shall fix a period of time within which payment of restitution is to be made in full.
TN Code § 56-47-107 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 47 - Workers' Compensation Fraud Act|§ 56-47-107. Violations by Licensed Professionals Deemed Moral Turpitude

 Any practitioner determined by the court to have violated § 56-47-103 shall be deemed to have committed an act involving moral turpitude that is inimical to the public well-being. The court or prosecutor shall notify the appropriate licensing authority in this state of the judgment for appropriate disciplinary action, including revocation of any such professional's license, and may notify appropriate licensing authorities in any other jurisdictions where the practitioner is licensed. Any victim may notify the appropriate licensing authorities in this state and any other jurisdiction where the practitioner is licensed, of the conviction. The state licensing authority shall take appropriate administrative action authorized by state law, to consider the imposition of any administrative sanctions or license revocations as provided by law against the practitioner. It is recommended by the general assembly that the state supreme court shall take appropriate action, including, but not limited to, disbarment with respect to any attorney found guilty of such felony. All the referrals to the appropriate licensing or other agencies, and all dispositive actions of the licensing or other agencies, shall be a matter of public record.
TN Code § 56-47-109 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 47 - Workers' Compensation Fraud Act|§ 56-47-109. Exclusivity of Remedies Under § 56-47-108

  The remedies expressly provided in § 56-47-108 shall be the only private remedies for violations of this chapter and no additional remedies shall be implied. The remedies available under § 56-47-108 shall not be used in conjunction with or in addition to any other remedies available at law or in equity to duplicate recovery for the same element of economic damage. Further, in any civil action pleading both exemplary damages and the treble damages available in § 56-47-108(c), the plaintiff shall elect one or the other remedy, but not both, at the conclusion of the evidentiary phase of the trial.   However, nothing in this chapter shall limit or abrogate any right of action that would have existed in the absence of this chapter, but no action based on such a right shall rely on this chapter to establish a standard of conduct or for any other purpose.
TN Code § 56-47-110 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 47 - Workers' Compensation Fraud Act|§ 56-47-110. Cooperation With Official Investigating — Disclosure Required — Right of Insurer to Request Information

  When any law enforcement official or authority, the department of commerce and insurance or department of labor and workforce development requests information from an insurer, insurance professional or any other person for the purpose of detecting, prosecuting or preventing insurance fraud, the insurer, insurance professional or other person shall take all reasonable actions to promptly provide the information requested, subject to any legal privilege protecting the information.   Any insurer, insurance professional or other person who has reasonable belief that an act violating § 56-47-103 or § 56-47-104 will be, is being, or has been committed, shall furnish and disclose any information in its possession concerning the act to the appropriate law enforcement official or authority, department of commerce and insurance or department of labor and workforce development, subject to any legal privilege protecting the information.   An insurer, insurance professional or other person providing information to any law enforcement, regulatory, licensing or other governmental agency under subsection (a) or (b), shall have the right to request information in the possession or control of the agency relating to the suspected violation or to a pattern of related activity, except information that was privileged or confidential under the laws of this state prior to its submission to the agency. In instances where disclosure would not jeopardize an ongoing investigation or prosecution, the agency shall provide the requested information to the insurer, insurance professional or other person. The agency may request that the insurer, insurance professional or other person keep the disclosed information confidential.   Any person that has a reasonable belief that an act violating this chapter will be, is being, or has been committed or any person who collects, reviews or analyzes information concerning insurance fraud, may furnish and disclose any information in its possession concerning the act to an authorized representative of an insurer that requests the information for the purpose of detecting, prosecuting or preventing insurance fraud.   Failure to cooperate with a request for information from an appropriate local or state authority shall bar a person's eligibility for restitution from any proceeds resulting from the governmental investigation and prosecution.
TN Code § 56-47-111 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 47 - Workers' Compensation Fraud Act|§ 56-47-111. Immunity of Persons Providing Information

 In the absence of actual malice, no person furnishing, disclosing or requesting information pursuant to § 56-47-110 shall be subject to civil liability for libel, slander or any other cause of action arising from the furnishing, disclosing or requesting of the information. No person providing information pursuant to § 56-47-110(a) shall be subject to civil liability for any cause of action arising from the person's provision of requested information. Any person against whom any action is brought who is found to be immune from liability under this section shall be entitled to recover reasonable attorney's fees and costs from the person or party who brought the action. This section does not abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person.
TN Code § 56-47-112 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 47 - Workers' Compensation Fraud Act|§ 56-47-112. Workers' Compensation on Insurance Antifraud Plans

   Every insurer shall prepare, implement, maintain and submit to the department of commerce and insurance a workers' compensation insurance anti-fraud plan.   Each insurer's anti-fraud plan shall outline specific procedures to:  Prevent, detect and investigate all forms of insurance fraud, including fraud involving the insurer's employees or agents; fraud resulting from misrepresentations in the application, renewal or rating of insurance policies; claims fraud; and security of the insurer's data processing system;   Educate appropriate employees on fraud detection and the insurer's anti-fraud plan;   Provide for the hiring of or contracting for fraud investigators;   Report insurance fraud to appropriate law enforcement and regulatory authorities in the investigation and prosecution of insurance fraud; and   Pursue restitution for financial loss caused by insurance fraud, where appropriate.     The commissioner may review each insurer's anti-fraud plan to determine if it complies with the requirements of this section.   It is the responsibility of the commissioner to assure insurer compliance with anti-fraud plans submitted to the commissioner. The commissioner may require reasonable modification of the insurer's anti-fraud plan, or may require other reasonable remedial action if the review or examination reveals substantial noncompliance with the terms of the insurer's own anti-fraud plan.   The commissioner may require each insurer to file a summary of the insurer's anti-fraud activities and results. The anti-fraud plans and the summary of the insurer's anti-fraud activities and results are not public records and are exempt from title 10, chapter 7, part 5, and shall be proprietary and not subject to public examination, and shall not be discoverable or admissible in civil litigation.   This section confers no private rights of action.      All printed applications for insurance, and all printed claim forms provided and required by an insurer or required by law as a condition of payment of a claim, shall contain a statement, permanently affixed to the application or claim form, that clearly states in substance the following:  “It is a crime to knowingly provide false, incomplete or misleading information to any party to a workers' compensation transaction for the purpose of committing fraud. Penalties include imprisonment, fines and denial of insurance benefits.”    The lack of a statement required in this section does not constitute a defense in any criminal prosecution under § 56-47-103 nor in any civil action under § 56-47-103 or § 56-47-104.     Notwithstanding any other provision of title 56, the following are the exclusive monetary penalties for a violation of this section. Insurers that fail to prepare, implement, maintain and submit to the department of commerce and insurance an insurance anti-fraud plan are subject to a penalty of five hundred dollars ($500) per day, not to exceed twenty-five thousand dollars ($25,000).
TN Code § 56-48-101 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 48 - Provider-Sponsored Organization Act of 1998|§ 56-48-101. Short Title

 This chapter shall be known and may be cited as the “Provider-Sponsored Organization Act of 1998.”
TN Code § 56-48-102 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 48 - Provider-Sponsored Organization Act of 1998|§ 56-48-102. Chapter Definitions

 As used in this chapter, unless the context otherwise requires:   “Commissioner” means the commissioner of commerce and insurance;   “Health care services” means a health or medical care procedure or service rendered by a health care provider that:  Provides testing, diagnosis or treatment of a human disease or dysfunction; or   Dispenses drugs, medical devices, medical appliances, or medical goods for the treatment of a human disease or dysfunction;     “HHS” means the United States department of health and human services;   “Medicare+Choice program” means the criteria developed by United States Public Law 105-33, The Balanced Budget Act of 1997 (BBA), whereby risk-bearing organizations are permitted to offer health insurance or health benefits coverage to Medicare-eligible enrollees through a Medicare+Choice plan;   “Provider” means any person, including a physician or hospital that is licensed or otherwise authorized in this state to provide health care services; and   “Provider-sponsored organization” or “PSO” means a public or private entity that:  Is established or organized, and operated, by a health care provider, or group of affiliated health care providers;   Provides a substantial proportion, as defined by rule or regulation promulgated by HHS, of the health care items and services under the Medicare+Choice program directly through the provider or affiliated group of providers; and     With respect to which the affiliated providers share, directly or indirectly, substantial financial risk with respect to the provision of such items and services and have at least a majority financial interest in the entity;   As used in subdivision (6)(C)(i), a provider is “affiliated” with another provider if, through contract, ownership or otherwise:        One (1) provider, directly or indirectly, controls, is controlled by, or is under common control with the other;   The providers are part of a controlled group of corporations under the Internal Revenue Code of 1986, § 1563;   Each provider is a participant in a lawful combination under which each provider shares substantial financial risk in connection with the organization's operations; or   The providers are part of an affiliated service group under the Internal Revenue Code of 1986, § 414.
TN Code § 56-48-103 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 48 - Provider-Sponsored Organization Act of 1998|§ 56-48-103. “Medicare+choice” Programs — Licensure — Waiver

 Before an entity may operate under the Medicare+Choice program, the entity must obtain a license from the commissioner or be a PSO that obtains a waiver of the requirement for state licensure from HHS in accordance with United States Public Law 105-33, the Balanced Budget Act of 1997. Any entity that obtains such a waiver is not required to obtain a license from the commissioner to operate as a PSO offering a Medicare+Choice plan in this state.
TN Code § 56-48-104 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 48 - Provider-Sponsored Organization Act of 1998|§ 56-48-104. Rules and Regulations

 The commissioner is authorized to adopt rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this chapter, including solvency standards, that do not impose requirements in addition to those required by federal regulations applicable to PSOs.
TN Code § 56-49-101 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 49 - Tennessee Creditor-Placed Insurance Act of 1999|§ 56-49-101. Short Title — Purpose

  This chapter shall be known and may be cited as the “Tennessee Creditor-Placed Insurance Act of 1999.”   The purposes of this chapter are to:  Promote the public welfare by regulating creditor-placed insurance;   Create a legal framework within which creditor-placed insurance may be written in this state;   Help maintain the separation between creditors and insurers; and   Minimize the possibilities of unfair competitive practices in the sale of creditor-placed insurance.
TN Code § 56-49-102 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 49 - Tennessee Creditor-Placed Insurance Act of 1999|§ 56-49-102. Applicability — Enforcement

  This chapter applies to an insurer or agent transacting creditor-placed insurance as defined in this chapter.   All creditor-placed insurance written in connection with credit transactions for personal, family or household purposes is subject to  this chapter, except:  Transactions involving extensions of credit primarily for business or commercial purposes;   Insurance on collateralized real property;   Insurance offered by the creditor and elected by the debtor at the debtor's option;   Insurance for which no specific charge is made to the debtor or the debtor's account; or   Blanket insurance, whether paid for by the debtor or the creditor.     Nothing in this chapter shall be construed to create or imply a private cause of action for violation of this chapter, and the commissioner shall have authority to bring administrative or judicial proceedings to enforce this chapter.
TN Code § 56-49-104 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 49 - Tennessee Creditor-Placed Insurance Act of 1999|§ 56-49-104. Effective Dates of Insurance — Insurance Charges

  Creditor-placed insurance shall become effective on the latest of the following dates:  The date of the credit transaction;   The date prior coverage, including prior creditor-placed insurance coverage, lapsed;   One (1) year before the date on which the related insurance charge is made to the debtor's account; or   A later date provided for in the agreement between the creditor and insurer.     Creditor-placed insurance shall terminate on the earliest of the following dates:  The date other acceptable insurance becomes effective, subject to the debtor providing acceptable evidence of the other insurance to the creditor;   The date the collateralized personal property is repossessed, unless the property is returned to the debtor within ten (10) days of the repossession;   The date the collateralized personal property is determined by the insurer to be a total loss;   The date the debt is completely extinguished; or   An earlier date specified in the individual policy or certificate of insurance.     An insurance charge shall not be made to a debtor for a term longer than the scheduled term of the creditor-placed insurance when it becomes effective, nor may an insurance charge be made to the debtor for creditor-placed insurance before the effective date of the insurance.   If a charge is made to a debtor for creditor-placed insurance coverage that exceeds a term of one (1) year, the debtor shall be notified at least annually that the insurance will be cancelled and a refund or credit of unearned charges made if evidence of acceptable insurance secured by the debtor is provided.
TN Code § 56-49-105 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 49 - Tennessee Creditor-Placed Insurance Act of 1999|§ 56-49-105. Premium Rates

  Premiums for creditor-placed insurance coverage may be calculated based on:  An amount not exceeding the net debt even though the coverage may limit the insurer's liability to the net debt, actual cash value or cost of repair; or   Other premium calculation methods that more closely reflect the exposure of each item insured and approximate the premium calculation method of the coverage required by the credit agreement.     An insurer shall not write creditor-placed insurance for which the premium rate differs from that determined by the schedules of the insurer on file with the commissioner. The premium or amount charged to the debtor for creditor-placed insurance shall not exceed the premiums charged by the insurer, computed at the time the charge to the debtor is determined.   A method of billing insurance charges to the debtor on closed-end credit transactions that creates a balloon payment at the end of the credit transaction or extends the credit transaction's maturity date is prohibited, unless specifically disclosed at the time of the origination of the credit agreement and specifically agreed to by the debtor at the time the charge is added to the outstanding credit balance.
TN Code § 56-49-106 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 49 - Tennessee Creditor-Placed Insurance Act of 1999|§ 56-49-106. Exclusion From Coverage

  Creditor-placed insurance coverage shall not include:  Coverage for the cost of repossession;   Skip, confiscation and conversion coverage;   Coverage for payment of mechanics' or other liens that do not arise from a covered loss occurrence;   Coverage that requires a debtor's insurance deductible to be less than two hundred dollars ($200); or   Coverage that is broader than the insurance coverages that meets the minimum insurance requirements of the credit agreement.     Nothing in this section shall be deemed to prohibit the issuance of a separate policy or endorsement providing the coverages listed in subsection (a). However, no charge shall be passed along to the debtor for the coverages.
TN Code § 56-49-107 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 49 - Tennessee Creditor-Placed Insurance Act of 1999|§ 56-49-107. Policy Delivery to Debtor

 Creditor-placed insurance shall be set forth in an individual policy or certificate of insurance. A copy of the individual policy, certificate of insurance coverage, or other evidence of insurance coverage shall be mailed, first class mail, or delivered in person to the last known address of the debtor.
TN Code § 56-49-109 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 49 - Tennessee Creditor-Placed Insurance Act of 1999|§ 56-49-109. Refund of Unearned Premiums and Charges

  Within sixty (60) calendar days after the termination of creditor-placed insurance coverage, and in accordance with the formulas approved by the commissioner, an insurer shall refund any unearned premium or other identifiable charges.   Within sixty (60) calendar days after the termination date of creditor-placed insurance coverage, the insurer shall provide to the debtor a statement of refund disclosing the effective date, the termination date, the amount of premium being refunded and the amount of premium charged for the coverage provided. No statement shall be required in the event that the policy terminates pursuant to § 56-49-104(b)(4).   The entire amount of premiums, minimum premiums, fees or charges of any kind shall be refunded if no coverage was provided.
TN Code § 56-49-110 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 49 - Tennessee Creditor-Placed Insurance Act of 1999|§ 56-49-110. Payment in Event of Loss

  In the event of a loss under the creditor-placed insurance policy, the insurer shall pay, at a minimum, the least of the following, the value of which shall be determined as of the date of loss:  The cost to repair the collateral less any applicable deductible;   The actual cash value of the collateral less any applicable deductible;   The net debt, less any applicable deductible. The method of calculation of net debt payable pursuant to this subdivision (a)(3) shall be identical to the method of calculation of net debt for payment of premiums pursuant to § 56-49-105(a); or   If single interest insurance is provided, the amount by which the creditor's interest is impaired.     The net debt or actual cash value amounts in subsection (a) may be reduced by the value of salvage if the insurer does not take possession of the insured property.   In the event of a loss, no subrogation shall run against the debtor from the insurer.   Whenever a claim is made on a creditor-placed insurance policy, the insurer shall furnish to the claimant a written statement of the loss explaining the settlement amount and the method of settlement.   A creditor or insurer may not abandon salvage to a towing or storage facility in lieu of payment of storage fees without the consent of the facility and the claimant. The insurer shall be responsible for the payment of towing and storage charges for a covered loss occurrence from the time the claim is reported to the insurer in accordance with the terms of the policy to the time the claim is paid. The insurer shall give written notice to the claimant when the claim is paid that the claimant may incur storage charges after the date the claim is paid.
TN Code § 56-49-111 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 49 - Tennessee Creditor-Placed Insurance Act of 1999|§ 56-49-111. Creditor Right to Require Insurance

  In order for the creditor to place insurance on the collateral pledged by the debtor and pass the cost of the insurance on to the debtor:  The creditor must have a security interest in the personal property;   The credit agreement must require the debtor to maintain insurance on the collateral to protect the creditor's interest;   The credit agreement must authorize the creditor to place the insurance if the debtor fails to provide evidence of the insurance; and   These requirements must be clearly disclosed to the debtor at the inception of the credit transaction.     The debtor shall always have the right to provide required insurance through existing policies of insurance owned or controlled by the debtor or of procuring and furnishing the required coverage through an insurer authorized to transact insurance within this state. However, a creditor may establish maximum acceptable deductibles, insurer solidity standards and other reasonable conditions with respect to the required insurance.