reglab/housing_qa huggingface dataset:
AL Code § 27-44-7 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 44 - Life and Disability Insurance Guaranty Association.|Section 27-44-7 - Board of Directors; Selection of Members; Vacancies; Organizational Meeting; Reimbursement for Expenses.

Section 27-44-7Board of directors; selection of members; vacancies; organizational meeting; reimbursement for expenses. (a) The board of directors of the association shall consist of not less than five nor more than nine member insurers serving terms as established in the plan of operation. At all times, at least one member of the board shall be a domestic insurer as defined in Section 27-1-2(6). The members of the board shall be selected by member insurers subject to the approval of the commissioner. Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the commissioner. To select the initial board of directors, and initially organize the association, the commissioner shall give notice to all member insurers of the time and place of the organizational meeting. In determining voting rights at the organizational meeting, each member insurer shall be entitled to one vote in person or by proxy. If the board of directors is not selected within 60 days after notice of the organizational meeting, the commissioner may appoint the initial members. (b) In approving selections or in appointing members to the board, the commissioner shall consider, among other things, whether all member insurers are fairly represented. (c) Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors, but members of the board shall not otherwise be compensated by the association for their services. (Acts 1982, No. 82-561, p. 922, §7.)
AL Code § 27-44-10 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 44 - Life and Disability Insurance Guaranty Association.|Section 27-44-10 - Submission of Plan of Operation and Amendments; Promulgation of Rules in Absence of Plan.

Section 27-44-10Submission of plan of operation and amendments; promulgation of rules in absence of plan. (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 approval in writing by the commissioner. (2) If the association fails to submit a suitable plan of operation within 180 days following January 1, 1983, or if at any time thereafter the association fails to submit suitable amendments to the plan, the commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary or advisable to effectuate the provisions of this chapter. Such rules 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 chapter: (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 Section 27-44-7. (3) Establish regular places and times for meetings 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 assessments under Section 27-44-9. (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 that any or all powers and duties of the association, except those under Sections 27-44-8 (10) c and 27-44-9, are delegated to a corporation, association, or other organization which performs or will perform functions similar to those of this association, or its equivalent, in two or more 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 functions of the association. A delegation under this subsection 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 and effective than that provided by this chapter. (Acts 1982, No. 82-561, p. 922, §10.)
AL Code § 27-44-11 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 44 - Life and Disability Insurance Guaranty Association.|Section 27-44-11 - Duties and Powers of Commissioner; Appeal and Review; Notification.

Section 27-44-11Duties and powers of commissioner; appeal and review; notification. In addition to the duties and powers enumerated elsewhere in this chapter: (1) The commissioner shall: a. Upon request of the board of directors, provide the association with a statement of the premiums in the appropriate states for each member insurer. b. 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 such demand shall not excuse the association from the performance of its powers and duties under this chapter. c. In any liquidation or rehabilitation proceeding involving a domestic insurer, petition the court of competent jurisdiction to have the chief of the receivership division appointed as the liquidator or rehabilitator. If a foreign or alien member insurer is subject to a liquidation proceeding in its domiciliary jurisdiction or state of entry, the chief of the receivership division shall be appointed conservator. (2) 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 forfeiture on any member insurer which fails to pay an assessment when due. Such forfeiture shall not exceed five percent of the unpaid assessment per month but no forfeiture shall be less than $100.00 per month. (3) Any action of the board of directors or the association may be appealed to the commissioner by any member insurer if such appeal is taken within 60 days of the action being appealed. Any final action or order of the commissioner shall be subject to judicial review in a court of competent jurisdiction. (4) The liquidator, rehabilitator, or conservator of any impaired insurer may notify all interested persons of the effect of this chapter. (Acts 1982, No. 82-561, p. 922, §11; Act 2012-319, p. 724, §1.)
AL Code § 27-44-13 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 44 - Life and Disability Insurance Guaranty Association.|Section 27-44-13 - Credits for Assessments Paid.

Section 27-44-13Credits for assessments paid. (a) A member insurer may offset against its premium tax liability to this state an assessment described in Section 27-44-9(h) to the extent of 20 percent of the amount of such assessment for each of the five calendar years following the year in which such assessment was paid. (b) Any sums acquired by refund, pursuant to Section 27-44-9(f), from the association which have theretofore been written off by contributing insurers and offset against premium taxes as provided in subsection (a) above, and are not then needed for purposes of this chapter, shall be paid by the association to the commissioner and by him deposited with the State Treasurer for credit to the General Fund of this state. (Acts 1982, No. 82-561, p. 922, §13; Act 2014-346, p. 1289, §1(b)(6).)
AL Code § 27-44-15 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 44 - Life and Disability Insurance Guaranty Association.|Section 27-44-15 - Examination and Regulation of Association; Annual Report.

Section 27-44-15Examination and regulation of association; annual report. The association shall be subject to examination and regulation by the commissioner. The board of directors shall submit to the commissioner, not later than May 1 of each year, a financial report for the preceding calendar year in a form approved by the commissioner and a report of its activities during the preceding calendar year. (Acts 1982, No. 82-561, p. 922, §15.)
AL Code § 27-44-16 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 44 - Life and Disability Insurance Guaranty Association.|Section 27-44-16 - Tax Exemptions.

Section 27-44-16Tax exemptions. 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 or personal property. (Acts 1982, No. 82-561, p. 922, §16.)
AL Code § 27-44-17 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 44 - Life and Disability Insurance Guaranty Association.|Section 27-44-17 - Immunity Under Chapter.

Section 27-44-17Immunity under chapter. 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 taken by them in the performance of their powers and duties under this chapter. (Acts 1982, No. 82-561, p. 922, §17.)
AL Code § 27-44-18 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 44 - Life and Disability Insurance Guaranty Association.|Section 27-44-18 - Stay of Proceedings; Reopening Default Judgments.

Section 27-44-18Stay of proceedings; reopening default judgments. All proceedings in which the insolvent insurer is a party in any court in this state shall be stayed 180 days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties. As to judgment under any decision, order, verdict, or finding based on default the association may apply to have such judgment set aside by the same court that made such judgment and shall be permitted to defend against such suit on the merits. (Acts 1982, No. 82-561, p. 922, §18; Act 2012-319, p. 724, §1.)
AL Code § 27-44-20 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 44 - Life and Disability Insurance Guaranty Association.|Section 27-44-20 - Association, Policyholders, Beneficiaries, and Insureds to Have Preferred Creditor Status.

Section 27-44-20Association, policyholders, beneficiaries, and insureds to have preferred creditor status. Upon the issuance of a proper court order placing a domestic insurer in receivership or placing a foreign insurer in ancillary receivership for rehabilitation or liquidation, all policyholders, beneficiaries, and insureds of such insolvent insurer, with respect to claims arising from and within the coverage of and not in excess of the applicable limits of insurance policies and contracts issued by the insolvent insurer and the Alabama Life and Disability Insurance Guaranty Fund shall be preferred creditors of said insolvent insurer. (Acts 1982, No. 82-561, p. 922, §20.)
AL Code § 27-44-21 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 44 - Life and Disability Insurance Guaranty Association.|Section 27-44-21 - Immediate Access of Associations in This and Other States to Assets of Insolvent Insurer; Application to Court; Contents of Proposal; Notice.

Section 27-44-21Immediate access of associations in this and other states to assets of insolvent insurer; application to court; contents of proposal; notice. (a) Within 120 days of a final determination of insolvency of an insurance company by a court of competent jurisdiction the receiver shall make application to the said court for approval of a proposal to disburse assets out of such company's marshalled assets, from time to time as such assets become available, to the Alabama Life and Disability Insurance Guaranty Association and to any entity or person performing a similar function in another state. (The Alabama Life and Disability Insurance Guaranty Association and any entity or person performing a similar function in other states shall hereinafter be referred to collectively as associations.) (b) Such proposal shall at least include provisions for: (1) Reserving amounts for the payment of expenses of administration and claims falling within the priorities established in the Alabama Uniform Insurers Liquidation Act (subdivisions (2) through (13) of Section 27-32-1 and Sections 27-32-4, 27-32-5, 27-32-15 through 27-32-22) but only with respect to such priorities higher than that of the associations; (2) Disbursement of the assets marshalled to date and subsequent disbursements of assets as they become available; (3) Equitable allocation of disbursements to each of the associations entitled thereto; (4) The securing by the receiver from each of the associations entitled to disbursements pursuant to this section of an agreement to return to the receiver such assets previously disbursed as may be required to pay claims of secured creditors and claims with a higher priority than those of the associations. No bond shall be required of any such association; and (c) The receiver's proposal shall provide for disbursements to the associations in amounts at least equal to the payments made or to be made thereby for which such associations could assert claims against the receiver, and shall further provide that if the assets available for disbursement from time to time do not equal or exceed the amount of such payments made or to be made by the associations then disbursements shall be in the amount of available assets. (d) Notice of such application shall be given to the associations in and to the commissioners of insurance of each of the states. Any such notice shall be deemed to have been given when deposited in the United States certified mails, first class postage prepaid, at least 30 days prior to submission of such application to the said court. Action on the application may be taken by the said court provided that above required notice has been given and provided further that the receiver's proposal complies with subdivisions (1) and (4) of subsection (b) hereof. (Acts 1982, No. 82-561, p. 922, §21.)
AL Code § 27-45A-1 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 45A - Alabama Pharmacy Benefits Manager Licensure and Regulation Act.|Section 27-45A-1 - Short Title.

Section 27-45A-1Short title. This chapter shall be known as and may be cited as the Alabama Pharmacy Benefits Manager Licensure and Regulation Act. (Act 2019-457, §1.)
AL Code § 27-45A-2 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 45A - Alabama Pharmacy Benefits Manager Licensure and Regulation Act.|Section 27-45A-2 - Legislative Intent.

Section 27-45A-2Legislative intent. (a) This chapter establishes the standards and criteria for the regulation and licensure of pharmacy benefits managers providing claims processing services or other prescription drug or device services for health benefit plans. (b) The purpose of this chapter is to: (1) Promote, preserve, and protect the public health, safety, and welfare through effective regulation and licensure of pharmacy benefits managers. (2) Provide for powers and duties of the commissioner and department. (3) Prescribe penalties and fines for violations of this chapter. (Act 2019-457, §2.)
AL Code § 27-45A-5 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 45A - Alabama Pharmacy Benefits Manager Licensure and Regulation Act.|Section 27-45A-5 - Powers of the Commissioner.

Section 27-45A-5Powers of the commissioner. (a) The commissioner may adopt rules necessary to implement this chapter. (b) The powers and duties set forth in this chapter shall be in addition to all other authority of the commissioner. (c) The commissioner shall enforce compliance with the requirements of this chapter and rules adopted thereunder. (d)(1) The commissioner may examine or audit any books and records of a pharmacy benefits manager providing claims processing services or other prescription drug or device services for a health benefit plan as may be deemed relevant and necessary by the commissioner to determine compliance with this chapter. (2) Examinations conducted by the commissioner shall be pursuant to the same examination authority of the commissioner relative to insurers as provided in Chapter 2, including, but not limited to, the confidentiality of documents and information submitted as provided in Section 27-2-24; examination expenses shall be processed in accordance with Section 27-2-25; and pharmacy benefits managers shall have the same rights as insurers to request a hearing in accordance with Sections 27-2-28 et seq., and to appeal as provided in Section 27-2-32. (e) The commissioner's examination expenses shall be collected from pharmacy benefits managers in the same manner as those collected from insurers. (Act 2019-457, §5; Act 2021-341, §1.)
AL Code § 27-45A-6 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 45A - Alabama Pharmacy Benefits Manager Licensure and Regulation Act.|Section 27-45A-6 - Construction and Application of Chapter.

Section 27-45A-6Construction and application of chapter. (a) Nothing in this chapter is intended or shall be construed to do any of the following: (1) Be in conflict with existing relevant federal law. (2) Apply to any specialty drug. (3) Impact the ability of a hospital to mandate its employees use of a hospital-owned pharmacy. (b) The following provisions shall not apply to the administration by a person of any term, including prescription drug benefits, of a self-funded health benefit plan that is governed by the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. §1001 et. seq.: (1) Subdivisions (1) and (5) of Section 27-45A-8. (2) Subdivisions (2), (3), (6), and (7) of Section 27-45A-10. (Act 2019-457, §6; Act 2021-341, §1.)
AL Code § 27-45A-7 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 45A - Alabama Pharmacy Benefits Manager Licensure and Regulation Act.|Section 27-45A-7

Section 27-45A-7 Reserved.
AL Code § 27-45A-8 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 45A - Alabama Pharmacy Benefits Manager Licensure and Regulation Act.|Section 27-45A-8 - Pharmacy Benefits Managers - Prohibited Activities Related to Covered Individuals.

Section 27-45A-8Pharmacy benefits managers - Prohibited activities related to covered individuals. A pharmacy benefits manager may not do any of the following: (1) Require a covered individual, as a condition of payment or reimbursement, to purchase pharmacist services, including, but not limited to, prescription drugs, exclusively through a mail-order pharmacy or pharmacy benefits manager affiliate.  (2) Prohibit or limit any covered individual from selecting an in-network pharmacy or pharmacist of his or her choice who meets and agrees to the terms and conditions, including reimbursements, in the pharmacy benefits manager's contract. (3) Impose a monetary advantage or penalty under a health benefit plan that would affect a covered individual's choice of pharmacy among those pharmacies that have chosen to contract with the pharmacy benefits manager under the same terms and conditions, including reimbursements. For purposes of this subdivision, "monetary advantage or penalty" includes, but is not limited to, a higher copayment, a waiver of a copayment, a reduction in reimbursement services, a requirement or limit on the number of days of a drug supply for which reimbursement will be allowed, or a promotion of one participating pharmacy over another by these methods.  (4)a. Use a covered individual's pharmacy services data collected pursuant to the provision of claims processing services for the purpose of soliciting, marketing, or referring the covered individual to a mail-order pharmacy or PBM affiliate.  b. This subdivision shall not limit a health benefit plan's use of pharmacy services data for the purpose of administering the health benefit plan. c. This subdivision shall not prohibit a pharmacy benefits manager from notifying a covered individual that a less costly option for a specific prescription drug is available through a mail-order pharmacy or PBM affiliate, provided the notification shall state that switching to the less costly option is not mandatory. The commissioner, by rule, may determine the language of the notification authorized under this paragraph made by a pharmacy benefits manager to a covered individual.  (5) Require a covered individual to make a payment for a prescription drug at the point of sale in an amount that exceeds the lessor of the following: a. The contracted cost share amount. b. An amount an individual would pay for a prescription if that individual were paying without insurance. (Act 2021-341, §2.)
AL Code § 27-45A-9 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 45A - Alabama Pharmacy Benefits Manager Licensure and Regulation Act.|Section 27-45A-9 - Annual Report.

Section 27-45A-9Annual report. (a) For purposes of this section, client means a health insurer, payor, or health benefit plan. (b) If requested by a client under subsection (d), a pharmacy benefits manager shall prepare an annual report by June 1 which discloses all of the following with respect to that client:  (1) The aggregate amount of all rebates that the pharmacy benefits manager received from pharmaceutical manufacturers on behalf of the client.  (2) The aggregate amount of the rebates the pharmacy benefits manager received from pharmaceutical manufacturers that did not pass through to the client. (3) If a pharmacy benefits manager or any consultant providing pharmacy benefits management services engages in spread pricing, the aggregated amount of the difference between the amount paid by the client for prescription drugs and the actual amount paid to the pharmacy or pharmacist for pharmacist services. For purposes of this subdivision, "spread pricing" means the model of prescription drug reimbursement in which a pharmacy benefits manager charges a client a contracted price for prescription drugs, and the contract price for the prescription drugs differs from the amount the pharmacy benefits manager, directly or indirectly, pays the pharmacy or pharmacist for pharmacist services. (c) Confidentiality of a report submitted under this section shall be governed by contract between the pharmacy benefits manager and the client. (d) A pharmacy benefits manager shall annually notify all its clients in a timely manner that a report described in subsection (b) will be made available to the client by the pharmacy benefits manager if requested by the client. (Act 2021-341, §2.)
AL Code § 27-45A-11 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 45A - Alabama Pharmacy Benefits Manager Licensure and Regulation Act.|Section 27-45A-11 - Pharmacy Benefits Managers - Material Misrepresentations.

Section 27-45A-11Pharmacy benefits managers - Material misrepresentations. A pharmacy benefits manager may not knowingly make a material misrepresentation to a covered individual, pharmacist, or pharmacy. (Act 2021-341, §2.)
AL Code § 27-45A-12 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 45A - Alabama Pharmacy Benefits Manager Licensure and Regulation Act.|Section 27-45A-12 - Use of Pharmacy Benefits of a Covered Individual.

Section 27-45A-12Use of pharmacy benefits of a covered individual. A pharmacist or pharmacy that participates in a health benefit plan's pharmacy network shall process a prescription drug using the pharmacy benefits of the covered individual if failure to do so will result in a higher out-of-pocket cost to the covered individual. (Act 2021-341, §2.)