reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 89A - North Carolina Professional Employer Organization Act. › § 58-89A-130 - Contractual duties.

§ 58-89A-130. Contractual duties.
Each licensee is responsible for the licensee's contractual duties and responsibilities to manage, maintain, collect, and make timely payments for all of the following:
(1) Insurance premiums.
(2) Benefit and welfare plans.
(3) Other employee withholding.
(4) Any other expressed responsibility that is within the scope of the PEO agreement and that fulfills the duties imposed under this Article. (2004-162, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 89A - North Carolina Professional Employer Organization Act. › § 58-89A-135 - Compliance with other laws.

§ 58-89A-135. Compliance with other laws.
Each licensee shall comply with all appropriate State and federal laws relating to reporting, sponsoring, filing, and maintaining benefit and welfare plans. (2004-162, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 89A - North Carolina Professional Employer Organization Act. › § 58-89A-140 - Required information.

§ 58-89A-140. Required information.
Each licensee shall:
(1) Maintain adequate books and records regarding the licensee's duties and responsibilities, including accounting and employment records relating to all PEO agreement activities, for a minimum of three years.
(2) Maintain and make available at all times to the Commissioner the following information, which shall be treated as proprietary and confidential and which is exempt from disclosure to persons other than other governmental agencies that have a reasonable, legitimate purpose for obtaining the information:
a. The correct name, address, and telephone number of each client company.
b. Each client company contract or PEO agreement.
c. A listing of each client company by classification code as described in the "Standard Industrial Classification Manual" published by the United States Office of Management and Budget. (2004-162, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 89A - North Carolina Professional Employer Organization Act. › § 58-89A-145 - Examinations.

§ 58-89A-145. Examinations.
(a) The Commissioner may conduct an examination of a licensee as often as the Commissioner considers appropriate.
(b) An examination under this Article shall be conducted in accordance with the Examination Law of this Chapter, G.S. 58-2-131 through G.S. 58-2-134.
(c) In lieu of an examination of any foreign or alien person licensed under this Article, the Commissioner may, in the Commissioner's discretion, accept an examination report on the licensee prepared by the appropriate regulator for the licensee's state of domicile.
(d) When making an examination under this Article, the Commissioner may retain attorneys, appraisers, independent actuaries, independent certified public accountants, or other professionals and specialists as examiners, the reasonable cost of which may only be recovered pursuant to G.S. 58-89A-65(d). (2004-162, s. 1; 2013-413, s. 11.1(g).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 89A - North Carolina Professional Employer Organization Act. › § 58-89A-150 - Agent for service of process.

§ 58-89A-150. Agent for service of process.
Each resident licensee shall maintain a registered agent for the service of process in this State. The Commissioner shall be each nonresident licensee's agent for service of process as provided in Article 16 of this Chapter. (2004-162, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 89A - North Carolina Professional Employer Organization Act. › § 58-89A-155 - Grounds for disciplinary action.

§ 58-89A-155. Grounds for disciplinary action.
(a) The Commissioner may take disciplinary action against a licensee or any person subject to licensure requirements under this Article on any of the following grounds:
(1) Being convicted or having an officer or controlling person of the licensee convicted of:
a. Bribery, fraud, or intentional or material misrepresentation in obtaining or attempting to obtain a license;
b. A crime that relates to the operation of a professional employer organization or the ability of the licensee or any officer or controlling person of the licensee to operate a professional employer organization;
c. A crime that relates to the classification, misclassification, or underreporting of employees required by State law;
d. A crime that relates to the establishment or maintenance of a self-insurance program, whether health insurance, workers' compensation insurance, or other insurance;
e. A crime that relates to fraud, deceit, or misconduct in the operation of a professional employer service; or
f. A crime that involves dishonesty or breach of trust.
(2) Engaging in professional employer services or offering to engage in the provision of professional employer services without a license.
(3) Failure to provide notice in writing of the discontinuance and replacement, if any, of any insurance coverage, to the Commissioner and client company within 10 business days of the discontinuance of any insurance coverage pursuant to G.S. 58-89A-115.
(4) Repealed by Session Laws 2013-413, s. 11.1(h), effective October 1, 2013.
(5) Failure to satisfy any of the requirements for licensure in this Article.
(b) For purposes of this section, a conviction includes an adjudication of guilt, a plea of guilty, and a plea of nolo contendere. (2004-162, s. 1; 2013-413, s. 11.1(h).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 89A - North Carolina Professional Employer Organization Act. › § 58-89A-160 - Sanctions.

§ 58-89A-160. Sanctions.
(a) On a finding that a ground for disciplinary action exists under G.S. 58-89A-155, the Commissioner may suspend or terminate a license, impose a civil penalty, and seek an order of restitution under G.S. 58-2-70.
(b) On termination of a license, the licensee shall immediately return the terminated license to the Commissioner.
(c) Any disciplinary action taken, any temporary or permanent termination of a license, or any determination that an officer or controlling person is unqualified shall be made by the Commissioner subject to Article 3A of Chapter 150B of the General Statutes. (2004-162, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 89A - North Carolina Professional Employer Organization Act. › § 58-89A-165 - Injunctions; civil remedies; cease and desist orders.

§ 58-89A-165. Injunctions; civil remedies; cease and desist orders.
(a) In addition to the penalties and other enforcement provisions of this Article, if any person violates this Article or any rule implementing this Article, the Commissioner may seek an injunction in a court of competent jurisdiction and may apply for temporary and permanent orders that the Commissioner determines are necessary to restrain the person from committing the violation.
(b) The Commissioner may issue, in accordance with G.S. 58-63-32, a cease and desist order upon a person that violates any provision of this Article, any rule or order adopted by the Commissioner, or any written agreement entered into with the Commissioner. The cease and desist order may be subject to judicial review under G.S. 58-63-35.
(c) When the Commissioner finds that an activity in violation of this Article presents an immediate danger to the public that requires an immediate final order, the Commissioner may issue an emergency cease and desist order reciting with particularity the facts underlying the findings. The emergency cease and desist order is effective immediately upon service of a copy of the order on the respondent and remains effective for 90 days. If the Commissioner begins nonemergency cease and desist proceedings, the emergency cease and desist order remains effective, absent an order by a court of competent jurisdiction in accordance with G.S. 58-63-35.
(d) In addition to the penalties and other enforcement provisions of this Article, any person who violates this Article is subject to G.S. 58-2-70.
(e) The Commissioner is not required to post a bond for injunctive relief under this section. (2004-162, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 89A - North Carolina Professional Employer Organization Act. › § 58-89A-170 - Prohibited acts.

§ 58-89A-170. Prohibited acts.
No person shall do any of the following:
(1) Engage in or offer professional employer services without holding a license under this Article as a professional employer organization.
(2) Use the name or title "staff leasing company", "employee leasing company", "licensed staff leasing company", "staff leasing services company", "professional employer organization", or "administrative employer" or otherwise represent that the person is licensed under this Article unless the person holds a license issued under this Article.
(3) Represent as the person's own the license of another person or represent that a person is licensed if the person does not hold a license.
(4) Give materially false or forged evidence to the Commissioner in connection with obtaining or maintaining a license or in connection with disciplinary proceedings under this Article.
(5) Use or attempt to use a license that has been suspended or terminated. (2002-168, s. 8; 2004-162, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 89A - North Carolina Professional Employer Organization Act. › § 58-89A-175 - Criminal penalty.

§ 58-89A-175. Criminal penalty.
A person who violates G.S. 58-89A-170 commits a Class H felony. Any officer or controlling person who willfully violates any provision of this Article may be subject to any and all criminal penalties available under State law. (2002-168, s. 8; 2004-162, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 89A - North Carolina Professional Employer Organization Act. › § 58-89A-180 - Application to unlicensed professional employer organizations.

§ 58-89A-180. Application to unlicensed professional employer organizations.
Notwithstanding any other provision of law, each provision in this Article applies to persons subject to licensure under this Article, whether licensed under this Article or not. (2004-162, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 91 - Interstate Insurance Product Regulation Compact Act. › § 58-91-1 - Preamble.

§ 58-91-1. Preamble.
The Interstate Insurance Product Regulation Compact Act is intended to help states join together to establish an interstate compact to regulate designated insurance products.
Pursuant to terms and conditions of this Article, this State seeks to join with other states and establish the Interstate Insurance Product Regulation Compact and thus become a member of the Interstate Insurance Product Regulation Commission. The Commissioner of Insurance, or the Commissioner's designee, is hereby designated to serve as the representative of this State to the Commission. (2005-183, s. 1; 2009-382, s. 35.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 91 - Interstate Insurance Product Regulation Compact Act. › § 58-91-5 - Purposes.

§ 58-91-5. Purposes.
The purposes of this Compact are, through means of joint and cooperative action among the compacting states:
(1) To promote and protect the interest of consumers of individual and group annuity, life insurance, disability income, and long-term care insurance products.
(2) To develop uniform standards for insurance products covered under the Compact.
(3) To establish a central clearinghouse to receive and provide prompt review of insurance products covered under the Compact and, in certain cases, advertisements related thereto, submitted by insurers authorized to do business in one or more compacting states.
(4) To give appropriate regulatory approval to those product filings and advertisements satisfying the applicable uniform standard.
(5) To improve coordination of regulatory resources and expertise between state insurance departments regarding the setting of uniform standards and review of insurance products covered under the Compact.
(6) To create the Interstate Insurance Product Regulation Commission.
(7) To perform these and any other related function as may be consistent with the state regulation of the business of insurance. (2005-183, s. 1; 2009-382, s. 35.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 91 - Interstate Insurance Product Regulation Compact Act. › § 58-91-15 - Establishment of the Commission and venue.

§ 58-91-15. Establishment of the Commission and venue.
(a) The compacting states hereby create and establish a joint public agency known as the "Interstate Insurance Product Regulation Commission." Pursuant to G.S. 58-91-20, the Commission shall have the power to develop uniform standards for product lines, receive, and provide prompt review of products filed with the Commission, and give approval to those product filings satisfying applicable uniform standards. It is not intended for the Commission to be the exclusive entity for receipt and review of insurance product filings. Nothing herein shall prohibit any insurer from filing its product in any state wherein the insurer is licensed to conduct the business of insurance; and that filing shall be subject to the laws of the state where filed.
(b) The Commission is a body corporate and politic and an instrumentality of the compacting states.
(c) The Commission is solely responsible for its liabilities except as otherwise specifically provided in this Compact.
(d) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. (2005-183, s. 1; 2009-382, s. 35.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 91 - Interstate Insurance Product Regulation Compact Act. › § 58-91-30 - Meetings; acts of the Commission.

§ 58-91-30. Meetings; acts of the Commission.
(a) The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the bylaws.
(b) Each member of the Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Commission. A member shall vote in person or by any means provided in the bylaws. The bylaws may provide for members' participation in meetings by telephone or other means of communication.
(c) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws. (2005-183, s. 1; 2009-382, s. 35.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 91 - Interstate Insurance Product Regulation Compact Act. › § 58-91-45 - Dispute resolution.

§ 58-91-45. Dispute resolution.
The Commission shall attempt, upon the request of a member, to resolve any disputes or other issues that are subject to this Compact and which may arise between two or more compacting states, or between compacting states and noncompacting states, and the Commission shall promulgate an operating procedure providing for resolution of those disputes. (2005-183, s. 1; 2009-382, s. 35.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 91 - Interstate Insurance Product Regulation Compact Act. › § 58-91-50 - Product filing and approval.

§ 58-91-50. Product filing and approval.
(a) Insurers and third-party filers seeking to have a product approved by the Commission shall file the product with, and pay applicable filing fees to, the Commission. Nothing in this Article shall be construed to restrict or otherwise prevent an insurer from filing its product with the insurance department in any state wherein the insurer is licensed to conduct the business of insurance, and the filing shall be subject to the laws of the states where filed.
(b) The Commission shall establish appropriate filing and review processes and procedures pursuant to Commission rules and operating procedures. Notwithstanding any provision in this Article to the contrary, the Commission shall promulgate rules to establish conditions and procedures under which the Commission will provide public access to product filing information. In establishing rules, the Commission shall consider the interests of the public in having access to the information, as well as protection of personal medical and financial information and trade secrets, that may be contained in a product filing or supporting information.
(c) Any product approved by the Commission may be sold or otherwise issued in those compacting states for which the insurer is legally authorized to do business. (2005-183, s. 1; 2009-382, s. 35.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 91 - Interstate Insurance Product Regulation Compact Act. › § 58-91-55 - Review of Commission decisions regarding filings.

§ 58-91-55. Review of Commission decisions regarding filings.
(a) Not later than 30 days after the Commission has given notice of a disapproved product or advertisement filed with the Commission, the insurer or third-party filer whose filing was disapproved may appeal the determination to a review panel appointed by the Commission. The Commission shall promulgate rules to establish procedures for appointing review panels and provide for notice and hearing. An allegation that the Commission, in disapproving a product or advertisement filed with the Commission, acted arbitrarily, capriciously, or in a manner that is an abuse of discretion or otherwise not in accordance with the law, is subject to judicial review in accordance with G.S. 58-91-15(d).
(b) The Commission shall have authority to monitor, review, and reconsider products and advertisement subsequent to their filing or approval upon a finding that the product does not meet the relevant uniform standard. Where appropriate, the Commission may withdraw or modify its approval after proper notice and hearing, subject to the appeal process in subsection (a) of this section. (2005-183, s. 1; 2009-382, s. 35.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 91 - Interstate Insurance Product Regulation Compact Act. › § 58-91-60 - Finance.

§ 58-91-60. Finance.
(a) The Commission shall pay or provide for the payment of the reasonable expenses of its establishment and organization. To fund the cost of its initial operations, the Commission may accept contributions and other forms of funding from the National Association of Insurance Commissioners, compacting states, and other sources. Contributions and other forms of funding from other sources shall be of such a nature that the independence of the Commission concerning the performance of its duties shall not be compromised.
(b) The Commission shall collect a filing fee from each insurer and third-party filer filing a product with the Commission to cover the cost of the operations and activities of the Commission and its staff in a total amount sufficient to cover the Commission's annual budget.
(c) The Commission's budget for a fiscal year shall not be approved until it has been subject to notice and comment as set forth in G.S. 58-91-35.
(d) The Commission shall be exempt from all taxation in and by the compacting states.
(e) The Commission shall not pledge the credit of any compacting state, except by and with the appropriate legal authority of that compacting state.
(f) The Commission shall keep complete and accurate accounts of all its internal receipts, including grants and donations, and disbursements of all funds under its control. The internal financial accounts of the Commission shall be subject to the accounting procedures established under its bylaws. The financial accounts and reports, including the system of internal controls and procedures of the Commission, shall be audited annually by an independent certified public accountant. Upon the determination of the Commission, but no less frequently than every three years, the review of the independent auditor shall include a management and performance audit of the Commission. The Commission shall make an annual report to the Governor and legislature of the compacting states, which shall include a report of the independent audit. The Commission's internal accounts shall not be confidential, and those materials may be shared with the commissioner of any compacting state upon request except that any work papers related to any internal or independent audit and any information regarding the privacy of individuals and insurers' proprietary information, including trade secrets, shall remain confidential.
(g) No compacting state shall have any claim to or ownership of any property held by or vested in the Commission or to any Commission funds held pursuant to the provisions of this Compact. (2005-183, s. 1; 2009-382, s. 35.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 91 - Interstate Insurance Product Regulation Compact Act. › § 58-91-65 - Compacting states; effective date; amendment.

§ 58-91-65. Compacting states; effective date; amendment.
(a) Any State is eligible to become a compacting state.
(b) The Compact shall become effective and binding upon legislative enactment of the Compact into law by two compacting states except that the Commission shall become effective for purposes of adopting uniform standards for, reviewing, and giving approval or disapproval of, products filed with the Commission that satisfy applicable uniform standards only after 26 states are compacting states or, alternatively, by states representing greater than forty percent (40%) of the premium volume for life insurance, annuity, disability income, and long-term care insurance products, based on records of the NAIC for the prior year. Thereafter, it shall become effective and binding as to any other compacting state upon enactment of the Compact into law by that state.
(c) Amendments to the Compact may be proposed by the Commission for enactment by the compacting states. No amendment shall become effective and binding upon the Commission and the compacting states unless and until all compacting states enact the amendment into law. (2005-183, s. 1; 2009-382, s. 35.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 91 - Interstate Insurance Product Regulation Compact Act. › § 58-91-75 - Severability; construction.

§ 58-91-75. Severability; construction.
(a) The provisions of this Compact shall be severable; and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.
(b) The provisions of this Compact shall be liberally construed to effectuate its purposes. (2005-183, s. 1; 2009-382, s. 35.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 91 - Interstate Insurance Product Regulation Compact Act. › § 58-91-80 - Binding effect of Compact; other laws.

§ 58-91-80. Binding effect of Compact; other laws.
(a) Other Laws. – Nothing herein prevents the enforcement of any other law of a compacting state, except as provided in subsection (b) of this section.
For any product approved or certified to the Commission, the rules, uniform standards, and any other requirements of the Commission shall constitute the exclusive provisions applicable to the content, approval, and certification of such products. For advertisement that is subject to the Commission's authority, any rule, uniform standard, or other requirement of the Commission that governs the content of the advertisement shall constitute the exclusive provision that a Commissioner may apply to the content of the advertisement. Notwithstanding the foregoing, no action taken by the Commission shall abrogate or restrict: (i) the access of any person to state courts; (ii) remedies available under state law related to breach of contract, tort, or other laws not specifically directed to the content of the product; (iii) state law relating to the construction of insurance contracts; or (iv) the authority of the attorney general of the state, including, but not limited to, maintaining any actions or proceedings, as authorized by law.
All insurance products filed with individual states shall be subject to the laws of those states.
(b) Binding Effect of This Compact. – All lawful actions of the Commission, including all rules and operating procedures promulgated by the Commission, are binding upon the compacting states.
All agreements between the Commission and the compacting states are binding in accordance with their terms.
Upon the request of a party to a conflict over the meaning or interpretation of Commission actions, and upon a majority vote of the compacting states, the Commission may issue advisory opinions regarding the meaning or interpretation in dispute.
In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by that provision upon the Commission shall be ineffective as to that compacting state, and those obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which those obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this Compact becomes effective. (2005-183, s. 1; 2009-382, s. 35.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 92 - Fire-Safety Standard and Firefighter Protection Act. › § 58-92-5 - Findings.

§ 58-92-5. Findings.
The General Assembly finds:
(1) Cigarettes are the leading cause of fire deaths in this State and the nation.
(2) Each year in the United States, 700-900 persons are killed due to cigarette fires, and 3,000 are injured in fires ignited by cigarettes, while in this State, there were 2,916 cigarette-related fires in North Carolina during the period 2001-2006.
(3) A high proportion of the victims of cigarette fires are nonsmokers, including senior citizens and young children.
(4) Cigarette-caused fires result in billions of dollars of property losses and damages in the United States and millions of dollars in this State.
(5) Cigarette fires unnecessarily jeopardize firefighters and result in avoidable emergency response costs for municipalities.
(6) In 2004, New York State implemented a cigarette fire-safety regulation requiring cigarettes sold in that state to meet a fire-safety performance standard; in 2005, Vermont and California enacted cigarette fire-safety laws directly incorporating New York's regulation into statute; and, in 2006, Illinois, New Hampshire, and Massachusetts joined these states in enacting such laws.
(7) In 2005, Canada implemented the New York State fire-safety standard contained in the other state laws, becoming the first nation to have a cigarette fire-safety standard.
(8) New York State's cigarette fire-safety standard is based upon decades of research by the National Institute of Standards and Technology, congressional research groups, and private industry.
(9) This cigarette fire-safety standard minimizes costs to the State and minimally burdens cigarette manufacturers, distributors, and retail sellers, and, therefore, should become law in this State.
(10) It is therefore fitting and proper for this State to adopt the cigarette fire-safety standard that is in effect in New York State to reduce the likelihood that cigarettes will cause fires and result in deaths, injuries, and property damages. (2007-451, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 92 - Fire-Safety Standard and Firefighter Protection Act. › § 58-92-20 - Certification and product change.

§ 58-92-20. Certification and product change.
(a) Each manufacturer shall submit to the Commissioner a written certification attesting both of the following:
(1) Each cigarette listed in the certification has been tested in accordance with G.S. 58-92-15.
(2) Each cigarette listed in the certification meets the performance standard set forth in G.S. 58-92-15.
(b) Each cigarette listed in the certification shall be described with the following information:
(1) Brand or trade name on the package.
(2) Brand style, as defined in G.S. 58-92-10(1a).
(3) Length in millimeters.
(4) Circumference in millimeters.
(5) Flavor, such as menthol or chocolate, if applicable.
(6) Filter or nonfilter.
(7) Package description, such as soft pack or box.
(8) Marking pursuant to G.S. 58-92-25.
(9) The name, address, and telephone number of the laboratory, if different than the manufacturer that conducted the test.
(10) The date that the testing occurred.
(c) Certifications shall be made available to the Attorney General for purposes consistent with this Article and the Commissioner for the purposes of ensuring compliance with this section.
(d) Each cigarette certified under this section shall be recertified every three years.
(e) For each brand style listed in a certification, a manufacturer shall pay to the Commissioner a fee of two hundred fifty dollars ($250.00). The Commissioner may annually adjust this fee to ensure it defrays the actual costs of the processing, testing, enforcement, fire safety, and oversight activities required by this Article.
(f) There is established in the State treasury a separate, nonreverting fund to be known as the "Fire Safety Standard and Firefighter Protection Act Enforcement Fund." The fund shall consist of all certification fees submitted by manufacturers and shall, in addition to any other monies made available for such purpose, be available to the Commissioner solely to support processing, testing, enforcement, and oversight activities under this Article. For the purposes of this Article, fire safety shall include community education and outreach and the provision and installation of fire safety devices in high-risk and high-need locations throughout the State.
(g) If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to such cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this Article, that cigarette shall not be sold or offered for sale in this State until the manufacturer retests the cigarette in accordance with the testing standards set forth in G.S. 58-92-15 and maintains records of that retesting as required by G.S. 58-92-15. Any altered cigarette that does not meet the performance standard set forth in G.S. 58-92-15 shall not be sold in this State. (2007-451, s. 1; 2010-101, s. 2; 2016-78, s. 2.2.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 92 - Fire-Safety Standard and Firefighter Protection Act. › § 58-92-25 - Marking of cigarette packaging.

§ 58-92-25. Marking of cigarette packaging.
(a) Cigarettes that are certified by a manufacturer in accordance with G.S. 58-92-20 shall be marked to indicate compliance with the requirements of G.S. 58-92-15. The marking shall be in eight-point type or larger and consist of one of the following:
(1) Modification of the product UPC Code to include a visible mark printed at or around the area of the UPC Code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the UPC.
(2) Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap.
(3) Printed, stamped, engraved, or embossed text that indicates that the cigarettes meet the standards of this Article.
(b) A manufacturer shall use only one marking and shall apply this marking uniformly for all packages, including, but not limited to, packs, cartons, and cases and brands marketed by that manufacturer.
(c) The Commissioner shall be notified as to the marking that is selected.
(d) Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the Commissioner for approval. Upon receipt of the request, the Commissioner shall approve or disapprove the marking offered, except that the Commissioner shall approve:
(1) Any marking in use and approved for sale in New York pursuant to the New York Fire Safety Standards for Cigarettes, or
(2) The letters "FSC," which signifies Fire Standards Compliant, appearing in eight-point type or larger and permanently printed, stamped, engraved, or embossed on the package at or near the UPC Code.
(e) Proposed markings shall be deemed approved if the Commissioner fails to act within 10 business days of receiving a request for approval.
(f) No manufacturer shall modify its approved marking unless the modification has been approved by the Commissioner in accordance with this section.
(g) Manufacturers certifying cigarettes in accordance with G.S. 58-92-20 shall provide a copy of the certifications to all distributors and agents to which they sell cigarettes and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this section for each retail dealer to which the distributors or agents sell cigarettes. Distributors and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Distributors, agents, and retail dealers shall permit the Commissioner, the Secretary of Revenue, the Attorney General, and their employees to inspect markings of cigarette packaging marked in accordance with this section. (2007-451, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 92 - Fire-Safety Standard and Firefighter Protection Act. › § 58-92-35 - Implementation.

§ 58-92-35. Implementation.
(a) The Commissioner may adopt rules, pursuant to Chapter 150B of the General Statutes, necessary to effectuate the purposes of this Article.
(b) The Department of Revenue in the regular course of conducting inspections of distributors, agents, and retail dealers, as authorized under the Tobacco Products Tax Act, Article 2A of Chapter 105 of the General Statutes, may inspect such cigarettes to determine if the cigarettes are marked as required by G.S. 58-92-25. If the cigarettes are not marked as required, the Department of Revenue shall notify the Commissioner. (2007-451, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 92 - Fire-Safety Standard and Firefighter Protection Act. › § 58-92-40 - Inspection.

§ 58-92-40. Inspection.
To enforce the provisions of this Article, the Attorney General, the Department of Revenue, and the Commissioner, their duly authorized representatives, and other law enforcement personnel may examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale is hereby directed and required to give the Attorney General, the Department of Revenue, and the Commissioner, their duly authorized representatives, and other law enforcement personnel the means, facilities, and opportunity for the examinations authorized by this section. (2007-451, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 92 - Fire-Safety Standard and Firefighter Protection Act. › § 58-92-45 - Disposition of penalties.

§ 58-92-45. Disposition of penalties.
The clear proceeds of civil penalties and forfeitures provided for in this Article shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (2007-451, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 92 - Fire-Safety Standard and Firefighter Protection Act. › § 58-92-50 - Sale outside the State.

§ 58-92-50. Sale outside the State.
Nothing in this Article shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of G.S. 58-92-15 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this State. (2007-451, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 92 - Fire-Safety Standard and Firefighter Protection Act. › § 58-92-55 - Preemption.

§ 58-92-55. Preemption.
This Article does not apply if a federal reduced cigarette ignition propensity standard that preempts this Article is enacted and becomes effective, but such inapplicability does not affect any liability for forfeiture or penalties accrued prior to the effective date of the federal law. (2007-451, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 93 - Prepaid Health Plan Licensing Act. › § 58-93-5 - Definitions.

§ 58-93-5. Definitions.
The following definitions apply in this Article:
(1) Commercial Plan. – Any person, entity, or organization, profit or nonprofit, that (i) undertakes to provide or arrange for the delivery of health care services to enrollees on a prepaid basis except for enrollee responsibility for copayments and deductibles and (ii) is not a provider-led entity.
(2) DHHS. – The North Carolina Department of Health and Human Services.
(3) Enrollee. – A beneficiary enrolled to receive Medicaid services through a prepaid health plan.
(4) Governing body. – The board of directors, trustees, partners, managers, or other individuals who are legally responsible for the governance of an entity.
(5) Health care services. – Medicaid services provided by a prepaid health plan under a capitated contract with DHHS.
(6) Insolvent or insolvency. – A circumstance that occurs when a prepaid health plan has been declared insolvent and is placed under an order of liquidation by a court of competent jurisdiction.
(7) Licensed health organization. – A licensed health organization includes all of the following:
a. A health maintenance organization licensed under Article 67 of this Chapter.
b. A full service corporation licensed under Article 65 of this Chapter.
c. An insurer under this Chapter that is required by the Commissioner to use the NAIC Health Annual Statement Blank when filing the annual statement in accordance with G.S. 58-2-165.
The term "licensed health organization" does not include an insurer that (i) is licensed under this Chapter as either a life or health insurer or as a property or casualty insurer and (ii) is otherwise subject to either life or property and casualty risk-based capital requirements.
(8) Prepaid health plan or PHP. – A commercial plan or provider-led entity holding a license under this Article for the purposes of operating a capitated contract for the delivery of services under the North Carolina Medicaid program. For the purposes of 11 U.S.C. § 109(b)(2) and 11 U.S.C. § 109(d) only, a PHP is a domestic insurance company.
(9) Provider-led entity. – An entity that meets all of the following criteria:
a. A majority of the entity's ownership is held by (i) an individual or entity that has as its primary business purpose the ownership or operation of one or more capitated contracts under the North Carolina Medicaid program or (ii) Medicaid providers.
b. A majority of the entity's governing body is composed of individuals who (i) are licensed in the State as physicians, physician assistants, nurse practitioners, or psychologists and (ii) have experience treating beneficiaries of the North Carolina Medicaid program.
(10) Working capital. – The excess of current assets over current liabilities. The only borrowed funds that may be included in working capital must be funds that are repayable only from net earned income and must be repayable only with the advance permission of the Commissioner. (2018-49, s. 1(a); 2022-74, s. 9D.15(z); 2023-11, s. 3.2(h).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 93 - Prepaid Health Plan Licensing Act. › § 58-93-10 - Maximize federal reimbursement.

§ 58-93-10. Maximize federal reimbursement.
The Commissioner shall work with DHHS to maximize federal reimbursement of the Department's expenses in administering this Article to the extent that federal reimbursement is allowed under federal law. (2018-49, s. 1(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 93 - Prepaid Health Plan Licensing Act. › § 58-93-15 - Commissioner use of consultants and other professionals.

§ 58-93-15. Commissioner use of consultants and other professionals.
(a) The Commissioner may contract with consultants and other professionals to expedite and complete the application process, examinations, and other regulatory activities required under this Article. Costs of contracts entered into under this section shall be reimbursed by the applicant or licensee.
(b) Contracts under this section for financial, legal, examination, and other services shall not be subject to any of the following:
(1) G.S. 114-2.3.
(2) G.S. 147-17.
(3) Articles 3, 3C, and 8 of Chapter 143 of the General Statutes and any rules and procedures adopted under those Articles concerning procurement, contracting, and contract review. (2018-49, s. 1(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 93 - Prepaid Health Plan Licensing Act. › § 58-93-25 - Issuance and continuation of license.

§ 58-93-25. Issuance and continuation of license.
(a) Before issuing or continuing any PHP license, the Commissioner of Insurance may make any examination as the Commissioner deems expedient. Except as otherwise provided in subsection (c) of G.S. 58-93-20, the Commissioner shall issue a license upon the payment of the application fee prescribed in G.S. 58-93-30 and upon being satisfied on all of the following points:
(1) The applicant has complied with the application requirements of G.S. 58-93-20.
(2) The applicant has a minimum capital and surplus equal to or greater than that required by G.S. 58-93-70(b).
(3) The amounts provided as working capital are repayable only out of earned income in excess of amounts paid and payable for operating expenses and expenses of providing services and such reserve as the Department deems adequate.
(4) The amount of money actually available for working capital is sufficient to carry all acquisition costs and operating expenses for a reasonable period of time from the date of the issuance of the license and that the applicant is financially responsible and may reasonably be expected to meet its obligations to enrollees and prospective enrollees. Such working capital shall initially be a minimum of one million five hundred thousand dollars ($1,500,000) or a higher amount as the Commissioner shall determine to be adequate.
(5) The person or persons who will manage the PHP have adequate expertise, experience, and character.
(b) A license shall be denied only after compliance with the requirements of G.S. 58-93-95. (2018-49, s. 1(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 93 - Prepaid Health Plan Licensing Act. › § 58-93-30 - Fees.

§ 58-93-30. Fees.
The Commissioner shall charge an application fee of two thousand dollars ($2,000) for entities filing an application to be licensed as a PHP under this Article. The Commissioner shall charge an annual PHP license continuation fee of five thousand dollars ($5,000). The PHP license shall continue in full force and effect subject to timely payment of the annual PHP license continuation fee in accordance with G.S. 58-6-7(c) and subject to any other provisions of this Chapter applicable to PHPs. (2018-49, s. 1(a); 2019-179, s. 9(b).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 93 - Prepaid Health Plan Licensing Act. › § 58-93-35 - Deposits.

§ 58-93-35. Deposits.
(a) All deposits required by this section shall be administered in accordance with the provisions of Article 5 of this Chapter.
(b) The Commissioner shall require a minimum deposit of five hundred thousand dollars ($500,000) or such higher amount as the Commissioner determines to be necessary for the protection of enrollees.
(c) For licensed health organizations, the deposit required by this section is in addition to any other deposit required by the Commissioner.
(d) All deposits made pursuant to this section shall not be subject to G.S. 58-62-95. (2018-49, s. 1(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 93 - Prepaid Health Plan Licensing Act. › § 58-93-40 - Management and exclusive agreements; custodial agreements.

§ 58-93-40. Management and exclusive agreements; custodial agreements.
(a) No PHP shall enter into an exclusive management or custodial agreement unless the agreement is first filed with the Commissioner and approved under this section within (i) 45 days after filing or (ii) a reasonable extended period as specified by notice from the Commissioner given within a 45-day period after filing.
(b) The Commissioner shall disapprove an agreement submitted under subsection (a) of this section if the Commissioner determines that the agreement does any of the following:
(1) Subjects the PHP to excessive charges.
(2) Extends for an unreasonable period of time.
(3) Does not contain fair and adequate standards of performance.
(4) Enables persons under the contract to manage the PHP who are not sufficiently trustworthy, competent, experienced, and free from conflict of interest to manage the PHP with due regard for the interests of its enrollees, creditors, or the public.
(5) Contains provisions that impair the interests of the PHP's enrollees, creditors, or the public. (2018-49, s. 1(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 93 - Prepaid Health Plan Licensing Act. › § 58-93-45 - Fiduciary responsibilities.

§ 58-93-45. Fiduciary responsibilities.
Any director, officer, trustee, manager, or partner of a PHP who receives, collects, disburses, or invests funds in connection with the activities of the PHP shall be responsible for those funds in a fiduciary relationship to the enrollees and to the State. (2018-49, s. 1(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 93 - Prepaid Health Plan Licensing Act. › § 58-93-55 - Investments.

§ 58-93-55. Investments.
(a) With the exception of investments made in accordance with subsection (b) of this section, the funds of a PHP shall be invested or maintained only in securities, other investments, or other assets permitted by the laws of this State for the investment of assets constituting the legal reserves of life insurance companies or such other securities or investments as the Commissioner may permit.
(b) A PHP may, with the Commissioner's prior approval, do any of the following:
(1) Invest its funds to purchase, lease, construct, renovate, operate, or maintain (i) a hospital, (ii) a medical facility, (iii) ancillary equipment of a hospital or medical facility, or (iv) any property as may reasonably be required for its principal office or for other purposes as may be necessary in the transaction of the business of the PHP.
(2) Make loans to a medical group under contract with the PHP in furtherance of the PHP's program or the making of loans to a corporation or corporations under the PHP's control for the purpose of acquiring or constructing medical facilities and hospitals or in furtherance of a program providing health care services to enrollees.
(c) The Commissioner shall not allow any investment if the Commissioner determines the investment would substantially and adversely affect the financial soundness of the PHP and endanger its ability to meet its obligations. (2018-49, s. 1(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 93 - Prepaid Health Plan Licensing Act. › § 58-93-60 - Examinations.

§ 58-93-60. Examinations.
The Commissioner may make an examination of the affairs of any PHP as often as the Commissioner determines it to be necessary for the protection of the interests of the enrollees or the State but not less frequently than once every five years. The Commissioner shall notify DHHS prior to any examination of a PHP and shall provide DHHS with the results of an examination in accordance with G.S. 58-93-5(e). Examinations shall otherwise be conducted under G.S. 58-2-131 through G.S. 58-2-134. (2018-49, s. 1(a); 2019-179, s. 9(c).)