reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1747 | Real Estate Investment Trusts › Section 1747.06 | Interests in Property.

Effective:
July 17, 1978
Latest Legislation:
House Bill 289 - 112th General Assembly
(A) A real estate investment trust may take, hold, and dispose of any estate or interest in real property in its business name, or in the name of one or more of its trustees, or in the name of one or more of its nominees. A conveyance to a real estate investment trust in its business name shall recite that the grantee is a real estate investment trust, and the estate or interest so acquired can be conveyed by the trust only in its business name. Any estate or interest in real property taken, held, or disposed of by a real estate investment trust in its business name prior to the effective date of this section is hereby confirmed as if the conveyance thereof had been made pursuant to the authority of this section.
(B) The fact that a recorded deed, mortgage, or other conveyance of an estate or interest in real property designates a real estate investment trust or one or more trustees or nominees of a real estate investment trust as the grantee does not give notice to or put upon inquiry any person dealing with the property that there are any limitations on the power of such trust, trustees, or nominees to dispose of or encumber the estate or interest specified in such conveyance, unless such conveyance specifically contains such limitations or incorporates by reference another instrument of record in the same county which specifically contains such limitations. As to all bona fide purchasers and encumbrancers of the property, a conveyance, release, or encumbrance by such trust, trustees, or nominees transfers or releases the estate or interest in the property specified free from the claims of the holders of certificates of beneficial interest in the trust estate and free from any obligation on the part of such purchaser or encumbrancer to see to the application of any purchase money or other consideration.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1747 | Real Estate Investment Trusts › Section 1747.07 | Service of Process.

Effective:
July 17, 1978
Latest Legislation:
House Bill 289 - 112th General Assembly
Real estate investment trusts are subject to all applicable provisions of law, rules of procedure, and rules of court, now in effect or hereafter enacted, relating to domestic or foreign corporations, with regard to service of process.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1747 | Real Estate Investment Trusts › Section 1747.09 | Perpetual Period of Existence - Termination.

Effective:
July 17, 1978
Latest Legislation:
House Bill 289 - 112th General Assembly
Unless otherwise stated in the trust instrument, a real estate investment trust authorized to transact real estate business in this state has a perpetual period of existence and is not affected by any rule against perpetuities. Nothing contained in this section shall be construed or interpreted to limit, prohibit, or invalidate any provision of a trust instrument providing that such real estate investment trust may be terminated at any time by action of the trustees or by the vote of a specified percentage in interest of the beneficial owners thereof.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1747 | Real Estate Investment Trusts › Section 1747.10 | Surrender of Authority.

Effective:
June 6, 2001
Latest Legislation:
House Bill 94 - 124th General Assembly
Any domestic or foreign real estate investment trust authorized to transact real estate business in this state may surrender its authority at any time by filing in the office of the secretary of state a verified copy of a resolution duly adopted by its trustees declaring its intention to withdraw, accompanied by the fee specified in division (T) of section 111.16 of the Revised Code. Such real estate investment trust then ceases and is without authority to transact real estate business in this state, except as necessary for its conclusion.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1747 | Real Estate Investment Trusts › Section 1747.11 | Forfeiture for Transacting Business Without Authority.

Effective:
July 17, 1978
Latest Legislation:
House Bill 289 - 112th General Assembly
(A) Any real estate investment trust that transacts real estate business in this state without authority shall forfeit not less that one thousand dollars nor more than ten thousand dollars. Such forfeiture shall be recovered in an action in the name of the state brought in the court of common pleas of Franklin county, or in the court of common pleas of any county in which the trust has transacted real estate business or has property or a place of business, by the attorney general or the prosecuting attorney. If such action is brought by the attorney general, such forfeiture shall on collection be paid into the state treasury to the credit of the general revenue fund. If brought by the prosecuting attorney, one-half of such forfeiture shall on collection be paid to the treasurer of the county in which action was brought and one-half shall be paid into the state treasury to the credit of the general revenue fund. In addition to such forfeiture, the court shall render a judgment that the trust pay the filing fees required by division (B) of section 1747.03 of the Revised Code, plus interest on the fees at the rate of six per cent per annum for the time during which the court determines that the trust transacted real estate business in this state in violation of section 1747.02 of the Revised Code. An action for the recovery of such forfeiture and filing fee shall be brought within five years after the real estate investment trust has ceased to transact real estate business in this state.
(B) For good cause shown, the secretary of state, with the consent of the attorney general, before or after judgment, or the court in which an action is pending for the collection of a forfeiture, may remit all or part of the forfeiture.
(C) This section does not apply to any real estate investment trust that either:
(1) Holds an estate or interest in real property in this state on the effective date of this section and transacts business after that effective date, if the real estate investment trust complies with section 1743.03 of the Revised Code within one year after the effective date of this section;
(2) Holds an estate or interest in real property in this state on the effective date of this section, if it disposes of the estate or interest within one year after the effective date of this section.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1747 | Real Estate Investment Trusts › Section 1747.12 | Violation Effects.

Effective:
July 17, 1978
Latest Legislation:
House Bill 289 - 112th General Assembly
(A) The failure of any real estate investment trust to be authorized to transact real estate business in this state does not affect the validity of any contract with such trust, or the validity of the title to any estate or interest in real property taken, held, or disposed of by such trust. No real estate investment trust that should have been so authorized, nor any persons on its behalf shall maintain any action in any court of this state until it has obtained such authority by filing with the secretary of state as required by division (B) or (C) of this section, paying the fee associated with the filing, and further paying to the secretary of state a forfeiture of one thousand dollars.
(B) If such real estate investment trust has not been previously authorized to transact real estate business in this state or if its authority has been surrendered, it shall make the filings specified in divisions (A)(1) to (7) of section 1747.03 of the Revised Code and pay the specified fee for the filing.
(C) If such real estate investment trust has been previously authorized to transact real estate business in this state and its authority has expired for failure to make the filings required by division (A)(8) of section 1747.03 of the Revised Code, it shall make such filings, and pay the specified fee for the filings.
(D) Full compliance with this section prior to the bringing of an action to recover a forfeiture under section 1747.11 of the Revised Code constitutes a bar to such action.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1747 | Real Estate Investment Trusts › Section 1747.13 | False or Fraudulent Filings Prohibited.

Effective:
July 17, 1978
Latest Legislation:
House Bill 289 - 112th General Assembly
No person knowingly shall prepare, make, assist in preparing or making, or procure or advise the preparing or making of any false or fraudulent filings required or permitted by sections 1747.01 to 1747.13 of the Revised Code.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.07 | Responsibility for Funds.

Effective:
June 4, 1997
Latest Legislation:
Senate Bill 67 - 122nd General Assembly
Any trustee, director, officer, or employee of a health insuring corporation who receives, collects, disburses, or invests funds in connection with the activities of the health insuring corporation shall be responsible for such funds in a fiduciary relationship to the corporation.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.08 | Inapplicability of Insurance Laws.

Effective:
June 4, 1997
Latest Legislation:
Senate Bill 67 - 122nd General Assembly
(A) Except as otherwise specifically provided in this chapter or Title XXXIX of the Revised Code, provisions of Title XXXIX of the Revised Code shall not be applicable to any health insuring corporation holding a certificate of authority under this chapter. This division shall not apply to an insurer licensed and regulated pursuant to Title XXXIX of the Revised Code except with respect to its health insuring corporation activities authorized and regulated pursuant to this chapter.
(B) For the purpose of clarifying jurisdiction under the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 U.S.C.A. 101, and in recognition of the right of this state to regulate domestic insurance companies under the "McCarran-Ferguson Act," 59 Stat. 33 (1945), 15 U.S.C.A. 1011, a health insuring corporation is deemed to be a domestic insurance company.
(C) Solicitation of enrollees by a health insuring corporation holding a certificate of authority under this chapter, or its representatives, shall not be construed to violate any provision of law relating to solicitation or advertising by health professionals.
(D) Any health insuring corporation holding a certificate of authority under this chapter shall not be considered to be practicing medicine.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.141 | Dependent Children Living Outside Health Insuring Corporation's Approved Service Area.

Effective:
March 22, 1999
Latest Legislation:
House Bill 698 - 122nd General Assembly
A health insuring corporation shall provide coverage, in accordance with the terms of the contract, for a subscriber's dependent children living outside the health insuring corporation's approved service area if a court order requires the subscriber to provide health care coverage to the dependent children.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.15 | [Suspended Eff. 1/1/2014 to 1/1/2026, per Section 3 of s.b. 9 of the 130th General Assembly, as Amended] Annual Open Enrollment Period.

Effective:
October 1, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) Each health insuring corporation shall accept individuals for open enrollment coverage as provided in sections 3923.58 and 3923.581 of the Revised Code. A health insuring corporation may reinsure coverage of any individual acquired under those sections with the open enrollment reinsurance program in accordance with division (G) of section 3924.11 of the Revised Code. Fixed periodic prepayment rates charged for coverage reinsured by the program shall be established in accordance with section 3924.12 of the Revised Code.
(B) This section does not apply to any of the following:
(1) Any health insuring corporation that offers only supplemental health care services or specialty health care services;
(2) Any health insuring corporation that offers plans only through medicare or medicaid and that has no other commercial enrollment;
(3) Any health insuring corporation that offers plans only through other federal health care programs regulated by federal regulatory bodies and that has no other commercial enrollment;
(4) Any health insuring corporation that offers plans only through contracts covering officers or employees of the state that have been entered into by the department of administrative services and that has no other commercial enrollment.
Last updated March 23, 2022 at 10:25 AM
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.20 | Unfair, Untrue, Misleading, or Deceptive Acts.

Effective:
October 1, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) No health insuring corporation, or agent, employee, or representative of a health insuring corporation, shall use any advertisement or solicitation document, or shall engage in any activity, that is unfair, untrue, misleading, or deceptive.
(B) No health insuring corporation shall use a name that is deceptively similar to the name or description of any insurance or surety corporation doing business in this state.
(C) All solicitation documents, advertisements, evidences of coverage, and enrollee identification cards used by a health insuring corporation shall contain the health insuring corporation's name. The use of a trade name, an insurance group designation, the name of a parent company, the name of a division of an affiliated insurance company, a service mark, a slogan, a symbol, or other device, without the name of the health insuring corporation as stated in its articles of incorporation, shall not satisfy this requirement if the usage would have the capacity and tendency to mislead or deceive persons as to the true identity of the health insuring corporation.
(D) No solicitation document or advertisement used by a health insuring corporation shall contain any words, symbols, or physical materials that are so similar in content, phraseology, shape, color, or other characteristic to those used by an agency of the federal government or this state, that prospective enrollees may be led to believe that the solicitation document or advertisement is connected with an agency of the federal government or this state.
(E) A health insuring corporation that provides basic health care services may use the phrase "health maintenance organization" or the abbreviation "HMO" in its marketing name, advertising, solicitation documents, or marketing literature, or in reference to the phrase "doing business as" or the abbreviation "DBA."
(F) This section does not apply to the coverage of beneficiaries enrolled in medicare pursuant to a medicare risk contract or medicare cost contract, or to the coverage of beneficiaries enrolled in the federal employee health benefits program pursuant to 5 U.S.C.A. 8905, or to the coverage of medicaid recipients or to the coverage of beneficiaries under any federal health care program regulated by a federal regulatory body, or to the coverage of beneficiaries under any contract covering officers or employees of the state that has been entered into by the department of administrative services.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.21 | Peer Review Committee.

Effective:
April 9, 2003
Latest Legislation:
Senate Bill 179 - 124th General Assembly
(A) A peer review committee of a hospital or other health care facility or provider, or of an intermediary organization or health delivery network, with which a health insuring corporation has a contract for health care services may provide to a peer review committee of the health insuring corporation any information, documents, testimony, or other records relating to any matter that is the subject of evaluation or review by the peer review committees, if consent is provided by the health care facility and any physician or other provider whose professional qualifications or activities are the subject of evaluation or review.
(B) Any immunity from liability for damages that is provided under section 2305.251 of the Revised Code and that would otherwise apply with respect to the conduct of any peer review committee described in division (A) of this section shall continue to apply, notwithstanding the provision of information as permitted under division (A) of this section.
(C) The information, documents, testimony, or other records described in division (A) of this section, if otherwise protected under section 2305.252 of the Revised Code, shall not be construed as being available for discovery or for use in any civil action solely on the basis that they were provided by the peer review committee as permitted under division (A) of this section.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.25 | Investment of Funds.

Effective:
September 4, 2014
Latest Legislation:
Senate Bill 140 - 130th General Assembly
(A) Except as provided in division (B) of this section, the funds of a health insuring corporation shall be invested only in securities or other investments or assets that constitute permissible investments under section 1751.26 or 3925.08 of the Revised Code.
(B) A health insuring corporation may seek permission from the superintendent of insurance to invest funds under Chapter 3906. of the Revised Code and may invest funds under that chapter if such permission is granted.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.26 | Investments in Real Estate.

Effective:
June 4, 1997
Latest Legislation:
Senate Bill 67 - 122nd General Assembly
(A) For purposes of this section, real estate used for "the accommodation of the health insuring corporation's business operations" includes the health insuring corporation's home office, branch office, medical facilities, and field office operations.
(B) No health insuring corporation shall purchase, hold, or convey real estate, or any interest in real estate, to be used as an investment for the production of income, to be developed for the production of income, or to be otherwise used for purposes other than the accommodation of the health insuring corporation's business operations, without the prior approval of the superintendent of insurance.
(C)(1) No health insuring corporation shall invest, without the prior approval of the superintendent, an amount that exceeds forty per cent of its admitted assets as of the immediately preceding thirty-first day of December in real estate used for the accommodation of the health insuring corporation's business operations from which the health insuring corporation provides health care services.
(2) No health insuring corporation shall invest, without the prior approval of the superintendent, an amount that exceeds twenty-five per cent of its admitted assets as of the immediately preceding thirty-first day of December in real estate used for the accommodation of the health insuring corporation's business operations from which the health insuring corporation does not provide health care services.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.27 | Deposit of Securities With Superintendent or Custodian.

Effective:
June 4, 1997
Latest Legislation:
Senate Bill 67 - 122nd General Assembly
(A) Each health insuring corporation holding a certificate of authority to operate in this state shall have deposited securities with the superintendent of insurance or an approved custodian in the amount required by this division.
(1) Each health insuring corporation authorized to provide basic health care services shall maintain a deposit of not less than two hundred fifty thousand dollars.
(2) Each health insuring corporation authorized to provide only supplemental health care services shall maintain a deposit of not less than one hundred fifty thousand dollars.
(3) Each health insuring corporation authorized to provide only specialty health care services shall maintain a deposit of not less than seventy-five thousand dollars.
(4) Each health insuring corporation authorized to provide both basic health care services and supplemental health care services shall maintain a deposit of not less than four hundred thousand dollars.
(5) Each health insuring corporation authorized to provide both basic health care services and specialty health care services shall maintain a deposit of not less than three hundred twenty-five thousand dollars.
(B) The securities deposited under division (A) of this section shall be held as security for the fulfillment of the obligations of the health insuring corporation to its enrollees under this chapter.
(C) The interest from the deposit made under division (A) of this section shall accrue to the health insuring corporation that made the deposit. The deposit shall be considered to be an admitted asset of the health insuring corporation.
(D) The superintendent shall adopt rules setting forth the qualifications and responsibilities of an approved custodian.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.271 | Medicaid Providers - Performance Bond.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Each health insuring corporation that provides coverage to medicaid recipients shall post a performance bond in the amount of three million dollars as security to fulfill the obligations of the health insuring corporation to pay claims of contracted providers for covered health care services provided to medicaid recipients. The bond shall be payable to the department of insurance in the event that the health insuring corporation is placed in rehabilitation or liquidation proceedings under Chapter 3903. of the Revised Code, and shall become a special deposit subject to section 3903.14 or 3903.421 of the Revised Code, as applicable. In lieu of the performance bond, a medicaid health insuring corporation may deposit securities with the superintendent of insurance, acceptable to the superintendent, in the amount of three million dollars, to satisfy the bonding requirements of this section. Upon rehabilitation or liquidation, the securities shall become a special deposit subject to sections 3903.14 and 3903.421 of the Revised Code, as applicable. The health insuring corporation shall receive the interest on the deposited securities as long as the health insuring corporation remains solvent.
(B) The bond shall be issued by a surety company licensed with the department of insurance. The bond or deposit, or any replacement bond or deposit, shall be in a form acceptable to the superintendent, and shall remain in effect during the duration of the medicaid health insuring corporation's license and thereafter until all claims against the medicaid health insuring corporation have been paid in full.
(C) Documentation of the bond acceptable to the superintendent of insurance shall be filed with the superintendent prior to the issuance of a certificate of authority. Annually, thirty days prior to the renewal of its certificate of authority, every medicaid health insuring corporation shall furnish the superintendent of insurance with evidence that the required bond is still in effect.
(D) As used in this section:
(1) "Contracted provider" means a provider that has a contract with a medicaid health insuring corporation to provide covered health care services to medicaid recipients.
(2) "Medicaid health insuring corporation" means a health insuring corporation that provides health insurance coverage or otherwise assumes claims liabilities for medicaid recipients.
(3) "Medicaid recipient" means a person enrolled in the medicaid program.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.32 | Annual Report.

Effective:
January 1, 2021
Latest Legislation:
House Bill 339 - 133rd General Assembly
Each health insuring corporation, annually, on or before the first day of March, shall file a report with the superintendent of insurance, covering the preceding calendar year.
The report shall be verified by an officer of the health insuring corporation, shall be in the form the superintendent prescribes, and shall include:
(A) A financial statement of the health insuring corporation, including its balance sheet and receipts and disbursements for the preceding year, which reflect, at a minimum:
(1) All premium rate and other payments received for health care services rendered;
(2) Expenditures with respect to all categories of providers, facilities, insurance companies, and other persons engaged to fulfill obligations of the health insuring corporation arising out of its health care policies, contracts, certificates, and agreements;
(3) Expenditures for capital improvements or additions thereto, including, but not limited to, construction, renovation, or purchase of facilities and equipment.
(B) A description of the enrollee population and composition, group and nongroup;
(C) A summary of enrollee written complaints and their disposition;
(D) A statement of the number of subscriber policies, contracts, certificates, and agreements that have been terminated by action of the health insuring corporation, including the number of enrollees affected;
(E) A summary of the information compiled pursuant to division (A)(5) of section 1751.04 of the Revised Code;
(F) A current report of the names and addresses of the persons responsible for the conduct of the affairs of the health insuring corporation as required by section 1751.03 of the Revised Code. Additionally, the report shall include the amount of wages, expense reimbursements, and other payments to these persons for services to the health insuring corporation, and shall include a full disclosure of the financial interests related to the operations of the health insuring corporation acquired by these persons during the preceding year.
(G) An actuarial opinion in the form prescribed by the superintendent by rule;
(H) Any other information relating to the performance of the health insuring corporation that is necessary to enable the superintendent to carry out the superintendent's duties under this chapter.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.321 | Audit Report Filed Annually.

Effective:
October 16, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
Each health insuring corporation, annually, on or before the first day of June, shall file with the superintendent of insurance an audit report certified by an independent certified public accountant covering the preceding calendar year. The report shall be verified by an officer of the health insuring corporation and shall be in the form prescribed by the superintendent by rule.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.33 | Information to Be Provided to Subscribers.

Effective:
December 26, 2011
Latest Legislation:
House Bill 218 - 129th General Assembly
(A) Each health insuring corporation shall provide to its subscribers a description of the health insuring corporation, its method of operation, its service area, its most recent provider list, its complaint procedure established pursuant to section 1751.19 of the Revised Code, and a description of its utilization review, internal review, and external review processes established under sections 1751.77 to 1751.83 and Chapter 3922. of the Revised Code. A health insuring corporation may satisfy this requirement by delivering to its subscribers a document that identifies a web site where the subscriber may view this information. At the request of the subscriber, a health insuring corporation shall provide this information in hard copy by mail. A health insuring corporation providing basic health care services or supplemental health care services shall provide this information annually. A health insuring corporation providing only specialty health care services shall provide this information biennially.
(B) Each health insuring corporation, upon the request of a subscriber, shall make available its most recent statutory financial statement.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.34 | Examinations by Superintendent and Director.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Each health insuring corporation and each applicant for a certificate of authority under this chapter shall be subject to examination by the superintendent of insurance in accordance with section 3901.07 of the Revised Code. Section 3901.07 of the Revised Code shall govern every aspect of the examination, including the circumstances under and frequency with which it is conducted, the authority of the superintendent and any examiner or other person appointed by the superintendent, the liability for the assessment of expenses incurred in conducting the examination, and the remittance of the assessment to the department of insurance operating fund.
(B) The superintendent shall make an examination concerning the matters subject to the superintendent's consideration in section 1751.04 of the Revised Code as often as the superintendent considers it necessary for the protection of the interests of the people of this state. The expenses of such examinations shall be assessed against the health insuring corporation being examined in the manner in which expenses of examinations are assessed against an insurance company under section 3901.07 of the Revised Code. Nothing in this division requires the superintendent to make an examination of any of the following:
(1) A health insuring corporation that covers solely medicaid recipients;
(2) A health insuring corporation that covers solely medicare beneficiaries;
(3) A health insuring corporation that covers solely medicaid recipients and medicare beneficiaries.
(C) An examination, pursuant to section 3901.07 of the Revised Code, of an insurance company holding a certificate of authority under this chapter to organize and operate a health insuring corporation shall include an examination of the health insuring corporation pursuant to this section and the examination shall satisfy the requirements of divisions (A) and (B) of this section.
(D) The superintendent may conduct market conduct examinations pursuant to section 3901.011 of the Revised Code of any health insuring corporation as often as the superintendent considers it necessary for the protection of the interests of subscribers and enrollees. The expenses of such market conduct examinations shall be assessed against the health insuring corporation being examined. All costs, assessments, or fines collected under this division shall be paid into the state treasury to the credit of the department of insurance operating fund.
Last updated September 19, 2023 at 2:54 PM
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.36 | Notification of Grounds for Denial, Suspension or Revocation of Certificate - Hearing.

Effective:
October 16, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) When the superintendent of insurance has cause to believe that grounds for the denial of an application for a certificate of authority exist, or that grounds for the suspension or revocation of a certificate of authority exist, the superintendent shall notify the applicant or health insuring corporation in writing, specifically stating the grounds for the denial, suspension, or revocation and setting a date of at least thirty days after the notification for a hearing on the matter.
(B) After the hearing authorized by division (A) of this section, or upon the failure of the applicant or health insuring corporation to appear at the hearing, the superintendent shall take such action as in accordance with law and the evidence. The action shall be set out in written findings which shall be mailed to the applicant or health insuring corporation. The action of the superintendent is subject to review in accordance with Chapter 119. of the Revised Code.
(C) Chapter 119. of the Revised Code applies to proceedings under this section to the extent that it is not in conflict with divisions (A) and (B) of this section.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.38 | Applicability of Other Laws.

Effective:
September 1, 2002
Latest Legislation:
Senate Bill 129 - 124th General Assembly
(A) As used in this section, "agent" means a person appointed by a health insuring corporation to engage in the solicitation or enrollment of subscribers or enrollees.
(B) Agents of health insuring corporations shall be licensed as insurance agents in accordance with Chapter 3905. of the Revised Code.
(C) Chapter 3905. of the Revised Code shall apply to health insuring corporations and the agents of health insuring corporations in the same manner in which these sections apply to insurers and agents of insurers.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.40 | Insurance Companies Operating as Health Insuring Corporations.

Effective:
June 4, 1997
Latest Legislation:
Senate Bill 67 - 122nd General Assembly
(A) Notwithstanding any provision of Title XXXIX of the Revised Code, any insurance company holding a certificate of authority issued pursuant to Title XXXIX of the Revised Code, or any corporation that is a subsidiary or affiliate of the insurance company, may apply for and obtain a certificate of authority to organize and operate a health insuring corporation in compliance with this chapter. Notwithstanding any other law that may be inconsistent with this division, any two or more such insurance companies, or subsidiaries or affiliates thereof, may jointly organize and operate a health insuring corporation under this chapter. The business of insurance is deemed to include the providing of health care by a health insuring corporation owned or operated by an insurance company or a subsidiary or affiliate of an insurance company.
(B) Notwithstanding any provision of any insurance laws of this state, an insurance company may contract with a health insuring corporation to provide insurance or similar protection against the cost of care provided through health insuring corporations and to provide coverage in the event of the failure of the health insuring corporation to meet its obligations. The enrollees of a health insuring corporation constitute a permissible group under such laws. Among other things, under such contracts, the insurer may make benefit payments to health insuring corporations for health care services rendered by facilities and providers pursuant to a health care plan.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.42 | Rehabilitation, Liquidation, Supervision or Conservation of Corporation.

Effective:
June 4, 1997
Latest Legislation:
Senate Bill 67 - 122nd General Assembly
Any rehabilitation, liquidation, supervision, or conservation of a health insuring corporation shall be deemed to be the rehabilitation, liquidation, supervision, or conservation of an insurance company and shall be conducted under the supervision of the superintendent of insurance pursuant to Chapter 3903. of the Revised Code.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.44 | Fees Paid to Superintendent of Insurance.

Effective:
June 4, 1997
Latest Legislation:
Senate Bill 67 - 122nd General Assembly
(A) Each health insuring corporation shall pay to the superintendent of insurance the following fees:
(1) For filing an application for a certificate of authority, fifteen hundred dollars;
(2) For filing a request for a service area expansion under section 1751.03 of the Revised Code, three hundred dollars;
(3) For filing a major modification under section 1751.03 of the Revised Code, three hundred dollars;
(4) For filing each annual report, twenty-five dollars;
(5) For all other required filings for which no filing fee is otherwise provided for by this chapter, fifty dollars.
(B) All fees collected under this section shall be paid into the state treasury to the credit of the department of insurance operating fund.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.46 | Recommendations for Expansion of Service Areas.

Effective:
October 16, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) The superintendent of insurance may contract with qualified persons to make recommendations concerning the determinations required to be made by the superintendent relative to an expansion of a service area pursuant to division (C) of section 1751.03 of the Revised Code, an application for a certificate of authority pursuant to sections 1751.04 and 1751.05 of the Revised Code, a contractual periodic prepayment or premium rate pursuant to section 1751.12 of the Revised Code, and an examination pursuant to division (B) of section 1751.34 of the Revised Code. The recommendations may be accepted in full or in part, or may be rejected, by the superintendent.
The total cost of a contract with a qualified person pursuant to this division shall represent the fair market value of the services provided and shall be borne by the health insuring corporation that is the subject of the determination required to be made by the superintendent.
(B) No qualified person placed on contract by the superintendent pursuant to division (A) of this section shall have a conflict of interest with the department of insurance or the health insuring corporation.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.47 | Adopting Forms, Instructions and Manuals for Providing Financial Information.

Effective:
June 4, 1997
Latest Legislation:
Senate Bill 67 - 122nd General Assembly
(A) The superintendent of insurance shall adopt the forms, instructions, and manuals prescribed by the national association of insurance commissioners for the preparation and filing of statutory financial statements and other financial information. However, the superintendent may by rule adopt modifications to such prescribed forms, instructions, and manuals as the superintendent considers to be necessary.
(B) For purposes of preparing statutory financial statements and other financial information involving circumstances not addressed by the forms, instructions, and manuals prescribed by the national association of insurance commissioners, the superintendent may determine accounting practices and methods to be used by health insuring corporations.
(C) The superintendent shall furnish each domestic health insuring corporation a copy of the forms for the filing of those statutory financial statements and other financial information as the corporation is required to file with the superintendent.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.48 | Rules.

Effective:
October 16, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
The superintendent of insurance may adopt rules as are necessary to carry out the provisions of this chapter. These rules shall be adopted in accordance with Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.51 | Restrictions on Choice of Providers.

Effective:
June 4, 1997
Latest Legislation:
Senate Bill 67 - 122nd General Assembly
If a health care plan of a health insuring corporation covers health care services that may be legally performed by a class of providers referred to in section 3923.23 or 3923.231 of the Revised Code but would restrict an enrollee's ability to receive these health care services from members of that class in any manner that differs from an enrollee's ability under the health care plan to receive these health care services from any other class of providers that may legally perform these health care services, then the health insuring corporation shall do both of the following:
(A) Set forth, within any evidence of coverage pertaining to the health care plan, under a heading that reads "Restrictions on Choice of Providers," a clear, concise, and complete statement of the restriction that conforms to the requirements of section 1751.11 of the Revised Code;
(B) Set forth, within any solicitation document pertaining to the health care plan and within any solicitation materials pertaining to the health care plan that the health insuring corporation provides to any employer or any employee benefit fund, under a heading that reads "Restrictions on Choice of Providers," a clear, concise, and complete statement of the restriction, such statement being subject to prior approval by the superintendent of insurance in accordance with the same form and content requirements that are specified in section 1751.11 of the Revised Code with regard to evidence of coverage.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.52 | Confidentiality of Information.

Effective:
June 4, 1997
Latest Legislation:
Senate Bill 67 - 122nd General Assembly
(A) All applications, filings, and reports required under this chapter shall be treated as public documents after the date the application, filing, or report becomes effective, regardless of the application of the Uniform Trade Secrets Act set forth in sections 1333.61 to 1333.69 of the Revised Code.
(B) Any data or information pertaining to the diagnosis, treatment, or health of any enrollee or applicant for enrollment that is obtained by the health insuring corporation from the enrollee or applicant, or from any health care facility or provider, shall be held in confidence and shall not be disclosed to any person except under one of the following circumstances:
(1) To the extent that it may be necessary to carry out the purposes of this chapter;
(2) Upon the express consent of the enrollee or applicant;
(3) Pursuant to statute or court order for the production of evidence;
(4) In the event of claim litigation between such person and the health insuring corporation wherein such data or information is pertinent.
(C) A health insuring corporation shall be entitled to claim any statutory privileges against disclosure under division (B) of this section that the facility or provider who furnished the data or information to the health insuring corporation is entitled to claim.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.521 | Medical Information Release.

Effective:
October 1, 1998
Latest Legislation:
House Bill 361 - 122nd General Assembly
If an enrollee signs a medical information release upon the request of a health insuring corporation, the release shall clearly explain what information may be disclosed under the terms of the release. If a health insuring corporation utilizes this release to request medical information from a health care facility or provider, the health insuring corporation shall provide a copy of the enrollee's release to the health care facility or provider, upon request.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.55 | Effect of Workers Compensation Coverage.

Effective:
March 22, 1999
Latest Legislation:
House Bill 698 - 122nd General Assembly
A health insuring corporation policy, contract, or agreement shall not be construed to exclude illness or injury upon the ground that the subscriber might have elected to have such illness or injury covered by workers' compensation under Chapter 4123. of the Revised Code unless the policy, contract, or agreement clearly excludes work or occupational related illness or injury, or the policy, contract, or agreement, or a separate writing signed by the subscriber, informs the subscriber that such coverage is excluded and may be available to the subscriber under workers' compensation as the sole proprietor of a business, a member of a partnership, or an officer of a family farm corporation.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.56 | Effect of Supplemental Sickness and Accident Insurance Policy.

Effective:
June 4, 1997
Latest Legislation:
Senate Bill 67 - 122nd General Assembly
(A) No individual or group health insuring corporation policy, contract, or agreement shall be delivered, issued for delivery, or renewed in this state, if the policy, contract, or agreement excludes or reduces the benefits payable to or on behalf of an insured because benefits are also payable or have been paid under a supplemental sickness and accident insurance policy to which all of the following apply:
(1) The policy covers a specified disease or a limited plan of coverage.
(2) The policy is specifically designed, advertised, represented, and sold as a supplement to other basic sickness and accident insurance coverage.
(3) The entire premium for the policy is paid by the insured, the insured's family, or the insured's guardian.
(B) This section applies to supplemental sickness and accident insurance policies irrespective of the mode or channel of premium payment to the insurer or of any reduction in the premium by virtue of the insured's membership in any health insuring corporation or the insured's status as an employee.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1751 | Health Insuring Corporation Law › Section 1751.57 | Conditions Applying to All Individual Health Insuring Corporation Contracts.

Effective:
June 30, 1997
Latest Legislation:
House Bill 374 - 122nd General Assembly
(A) The following conditions apply to all individual health insuring corporation contracts:
(1) Except as provided in section 2742(b) to (e) of the "Health Insurance Portability and Accountability Act of 1996," Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-42, as amended, a health insuring corporation that provides individual coverage to an individual shall renew or continue in force such coverage at the option of the individual.
(2) Such individual contracts are subject to sections 2743 and 2747 of the "Health Insurance Portability and Accountability Act of 1996."
(3) Sections 3924.031 and 3924.032 of the Revised Code shall apply to health insuring corporation contracts offered in the individual market in the same manner as they apply to health benefit plans offered in the small employer market.
(B) In accordance with 45 C.F.R. 148.102, this section also applies to all group health insuring corporation contracts that are not sold in connection with an employment-related group health care plan and that provide more than short-term, limited duration coverage.