reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 36. Insurance › §36-6968. Severability.

If any one or more provision, section, subsection, sentence, clause, phrase or word of this act or the application hereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this act shall remain effective notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed this act, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional.
Added by Laws 2019, c. 426, § 11, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7001. Short title - Purpose.

Sections 21 through 23 of this act shall constitute Article 70 of the Oklahoma Insurance Code and shall be known and may be cited as the “Health Savings Account Act”. The purpose of this act is to enable citizens of Oklahoma to establish health savings accounts as permitted by Section 223 of the Internal Revenue Code as added by Section 1201 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, P.L. 108-173.
Added by Laws 2005, c. 129, § 21, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7002. Definitions.

As used in the Health Savings Account Act:
1. “High deductible health plan” means a health plan which meets the requirements of Section 223(c)(2) of the Internal Revenue Code as added by Section 1201 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, P.L. 108-173; and
2. “State-mandated health benefits” means coverage for health care services or benefits, required by state law or state regulations, requiring the reimbursement or utilization related to a specific illness, injury, or condition of the covered person, or inclusion of a specific category of licensed health care practitioner to be provided to the covered person in a health benefit plan for a health-related condition of a covered person. Provided, that for the purposes of the options provided by this act, state-mandated health benefits which may be excluded in whole or in part shall not include any health care services or benefits which are mandated by federal law. “State-mandated health benefits” does not mean standard provisions or rights required to be present in a health benefit plan pursuant to state law or state regulations unrelated to a specific illness, injury or condition of the insured including, but not limited to, those related to continuation of benefits found in Article 45 of the Oklahoma Insurance Code.
Added by Laws 2005, c. 129, § 22, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7003. State-mandated health benefits – Exclusion.

Any insurance company, health maintenance organization or group health service organization that files a high deductible health benefit plan pursuant to Section 223(c)(2) of the Internal Revenue Code as added by Section 1201 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, P.L. 108-173, shall not be required to offer coverage for any state-mandated health benefits as defined in Section 22 of this act.
Added by Laws 2005, c. 129, § 23, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7101. Perpetual Care Fund Act.

Sections 7101 through 7112 of this title shall be known and may be cited as the "Perpetual Care Fund Act".
Added by Laws 1953, p. 16, § 1, emerg. eff. May 19, 1953. Amended by Laws 2010, c. 58, § 1, eff. July 1, 2010. Renumbered from § 161 of Title 8 by Laws 2010, c. 58, § 26, eff. July 1, 2010. Amended by Laws 2013, c. 269, § 16, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7102. Definitions

As used in the Perpetual Care Fund Act:
1. "Cemetery" or "cemeteries" means any land or structure in this state dedicated to or used, or intended to be used, for the interment of human remains;
2. "Burial space" means any grave space, lot, mausoleum crypt or niche, whether above or below ground, which is used or intended to be used for the interment of human remains;
3. "Purchase price" means the gross dollar amount the customer shall pay the cemetery under a contractual agreement between the two to exchange ownership of, or rights to, certain burial spaces. Purchase price shall not include finance charges, sales tax, charges for credit life insurance, opening and closing costs and setting fees, but shall include any amount which the customer is required to pay as a deposit to the Perpetual Care Fund, described in Section 7103 of this title. On sales of burial spaces wherein discounts or free spaces are granted to the customer by the cemetery, the purchase price shall be the fair market value or the normal selling price of that particular type of burial space as sold by the cemetery;
4. "Financial institution" means a federally insured bank or savings and loan authorized to exercise trust powers or a trust company that is authorized to do business in this state;
5. "Income", except as provided in subsection D of Section 7103 of this title, means the return derived from the principal amount, excluding capital gains;
6. "Insurance Commissioner" or "Commissioner" means the Insurance Commissioner of the State of Oklahoma; and
7. "Designated agent" means one or more individuals designated by the cemetery owner and whom the owner has acknowledged as having fiduciary responsibilities under the Perpetual Care Fund Act.
Added by Laws 1953, p. 16, § 2, emerg. eff. May 19, 1953. Amended by Laws 1993, c. 218, § 1, eff. Sept. 1, 1993; Laws 2008, c. 275, § 7, eff. July 1, 2008; Laws 2010, c. 58, § 2, eff. July 1, 2010. Renumbered from § 162 of Title 8 by Laws 2010, c. 58, § 27, eff. July 1, 2010. Amended by Laws 2013, c. 269, § 17, eff. Nov. 1, 2013; Laws 2016, c. 118, § 3, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7104. Donations, deposits or bequests in trust.

Donations, deposits or bequests may be made in trust by mutual agreement between the cemetery and lot owner or lot owners, for the special care of specified lots, monuments or mausoleums in any such cemetery, and such funds shall be invested in like manner as the Perpetual Care Fund, but a separate account shall be kept of each amount so deposited, donated and bequeathed and only the income derived from such funds shall be used in the care, maintenance and repair of such lots, monuments and mausoleums, unless otherwise provided by the donor.
Added by Laws 1953, p. 16, § 4, emerg. eff. May 19, 1953. Renumbered from Title 8, § 164 by Laws 2010, c. 58, § 29, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7105. Investment of trust funds - Income

Accumulated trust funds held by the trustee of the Perpetual Care Fund shall be invested in the manner provided in the Oklahoma Trust Act, Sections 175.1 through 175.57 of Title 60 of the Oklahoma Statutes, and any amendments thereto. The income derived therefrom shall be returned to the cemeteries to be used by them only as provided by the Perpetual Care Fund Act and in a manner consistent with elections made pursuant to subsection E of Section 7103 of this title.
Added by Laws 1953, p. 17, § 5, emerg. eff. May 19, 1953. Amended by Laws 1995, c. 82, § 1, eff. Nov. 1, 1995; Laws 2010, c. 58, § 4, eff. July 1, 2010. Renumbered from Title 8, § 165 by Laws 2010, c. 58, § 30, eff. July 1, 2010; Amended by Laws 2016, c. 118, § 5, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7107. Prepayment contract finance charges - Disclosure.

Every cemetery which provides prepayment financing programs to its customers under contracts in which a finance charge is made shall comply with all applicable provisions of the Uniform Consumer Credit Code, Sections 1-101 through 9-101 of Title 14A of the Oklahoma Statutes.
Added by Laws 1993, c. 218, § 4, eff. Sept. 1, 1993. Amended by Laws 2010, c. 58, § 6, eff. July 1, 2010. Renumbered from Title 8, § 167.1 by Laws 2010, c. 58, § 32, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7108. Exceptions to application of act.

A. The provisions of the Perpetual Care Fund Act shall not apply to municipal, religious, fraternal, or nonprofit entities, free community burial grounds, county cemetery associations, Indian tribal cemeteries on tribal land and charitable or eleemosynary institutions operating cemeteries in this state.
B. The provisions of the Perpetual Care Fund Act may apply to unincorporated cemetery associations operating cemeteries in this state. Unincorporated cemetery associations that make application with the Insurance Commissioner to maintain a perpetual care fund and are approved by the Commissioner shall comply with all provisions of the Perpetual Care Fund Act.
Added by Laws 1953, p. 17, § 8, emerg. eff. May 19, 1953. Amended by Laws 1995, c. 82, § 3, eff. Nov. 1, 1995; Laws 1999, c. 196, § 1, emerg. eff. May 24, 1999; Laws 2009, c. 3, § 4, eff. July 1, 2009; Laws 2010, c. 58, § 7, eff. July 1, 2010. Renumbered from Title 8, § 168 by Laws 2010, c. 58, § 33, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7109. Administration of act - Rules and regulations.

The Perpetual Care Fund Act shall be administered by the Insurance Commissioner. The Commissioner is authorized to promulgate reasonable rules and regulations concerning the keeping and inspection of records, the filing of contracts and reports, and all other matters concerning the orderly administration and implementation of the Perpetual Care Fund Act.
Added by Laws 1993, c. 218, § 5, eff. Sept. 1, 1993. Amended by Laws 2010, c. 58, § 8, eff. July 1, 2010. Renumbered from Title 8, § 168.1 by Laws 2010, c. 58, § 34, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7110. Violations - Punishment.

Any person, firm or corporation violating any of the provisions of the Perpetual Care Fund Act shall, upon conviction, be deemed guilty of a misdemeanor and shall be subject to a fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00).
Added by Laws 1953, p. 17, § 9, emerg. eff. May 19, 1953. Amended by Laws 1993, c. 218, § 6, eff. Sept. 1, 1993. Renumbered from Title 8, § 169 by Laws 2010, c. 58, § 35, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7111. Fraudulent or intentional failure to honor contract.

It shall be unlawful for any owner or operator of a cemetery to accept money or anything of value under a contract entered into pursuant to the Perpetual Care Fund Act and fraudulently or intentionally fail or refuse to honor the contract providing for the improving, caring for, and embellishing of the burial lots, walks, drives, parks and other improvements in the cemetery.
In addition to other penalties authorized by law, this fraudulent or intentional failure or refusal to honor the contract with the consumer shall be a violation of the Oklahoma Consumer Protection Act pursuant to Sections 751 through 764.1 of Title 15 of the Oklahoma Statutes.
Added by Laws 1996, c. 8, § 1, eff. July 1, 1996. Amended by Laws 2010, c. 58, § 9, eff. July 1, 2010. Renumbered from Title 8, § 169.1 by Laws 2010, c. 58, § 36, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7112. Actions to recover payments and other monies - Censure and fine.

A. The Insurance Commissioner may initiate an action to recover payments required to be deposited to the State Insurance Commissioner Revolving Fund pursuant to the Perpetual Care Fund Act or to recover other monies received or disbursed in violation of the Perpetual Care Fund Act.
B. The Insurance Commissioner may, after an opportunity for hearing, censure an owner of a cemetery, levy a fine not to exceed One Thousand Dollars ($1,000.00) for each occurrence, or any combination of the above for violation of any provision of the Perpetual Care Fund Act or any rules promulgated in accordance with the act.
Added by Laws 2000, c. 205, § 29, emerg. eff. May 17, 2000. Amended by Laws 2010, c. 58, § 10, eff. July 1, 2010. Renumbered from Title 8, § 170 by Laws 2010, c. 58, § 37, eff. July 1, 2010. Amended by Laws 2023, c. 213, § 2, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7121. Cemetery Merchandise Trust Act.

Sections 7121 through 7135 of this title shall be known and may be cited as the "Cemetery Merchandise Trust Act".
Added by Laws 1989, c. 297, § 17, eff. Nov. 1, 1989. Amended by Laws 2010, c. 58, § 11, eff. July 1, 2010. Renumbered from § 301 of Title 8 by Laws 2010, c. 58, § 38, eff. July 1, 2010. Amended by Laws 2013, c. 269, § 18, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7122. Definitions.

As used in the Cemetery Merchandise Trust Act:
1. "Cemetery merchandise" means markers, memorials, vases, memorial vases, monuments, equipment, crypts, niches or outer enclosures. Cemetery merchandise shall not include the sale of lands or interests therein as grave lots or grave spaces; burial or interment rights; and delivered or installed crypts, niches or outer enclosures;
2. "Purchase price" means the gross amount to be paid for cemetery merchandise under the provisions of a prepaid cemetery merchandise contract. Purchase price shall not include finance charges, sales tax, charges for real property interests or charges for credit life insurance;
3. "Prepaid cemetery merchandise contract" means any agreement for the sale of cemetery merchandise by an organization which requires payment of the purchase price, in whole or in part, prior to delivery of the cemetery merchandise, which agreement is entered into from and after November 1, 1989;
4. "Minimum funding requirement" means that portion of the purchase price equal to one hundred ten percent (110%) of the wholesale cost, plus delivery charges, of the cemetery merchandise covered in a prepaid cemetery merchandise contract;
5. "Organization" means any individual, firm, partnership, trust, corporation, association or entity. Organization shall not include state, county, municipal, township, rural community, religious, fraternal or nonprofit entities, free community burial grounds, county cemetery associations, Indian tribal cemeteries on tribal land and charitable or eleemosynary institutions operating cemeteries in this state;
6. "Outer enclosure" means a grave liner, grave box, or grave vault;
7. "Lawn crypt" means a subsurface permanent outer enclosure installed before need in multiple units for the purpose of interring human remains;
8. "Financial institution" means a federally insured bank, trust company, or savings and loan association which is authorized to do business in this state;
9. "Commissioner" or “Insurance Commissioner” means the Insurance Commissioner of the State of Oklahoma; and
10. “Wholesale cost” means an amount determined on the basis of such standard quotations and price lists as are published by the vendor of the cemetery merchandise, without regard to any discounts that may be available to the organization.
Added by Laws 1989, c. 297, § 18, eff. Nov. 1, 1989. Amended by Laws 1993, c. 218, § 7, eff. Sept. 1, 1993; Laws 1994, c. 98, § 1, eff. Sept. 1, 1994; Laws 1995, c. 82, § 4, eff. Nov. 1, 1995; Laws 2009, c. 3, § 5, eff. July 1, 2009; Laws 2010, c. 58, § 12, eff. July 1, 2010. Renumbered from Title 8, § 302 by Laws 2010, c. 58, § 39, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7123. Permit required - Contracts in violation of act.

A. Any organization which shall accept money or anything of value for cemetery merchandise pursuant to a prepaid cemetery merchandise contract shall first obtain a permit from the Insurance Commissioner authorizing the transaction of this type of business before entering into the contract. It shall be unlawful to sell any prepaid cemetery merchandise unless the organization holds a valid, current permit at the time the contract is made. The organization shall not be entitled to enforce a contract made in violation of the Cemetery Merchandise Trust Act, but the purchaser, or the heirs or legal representative of the purchaser, shall be entitled to recover triple the amounts paid to the organization with interest thereon at the rate of six percent (6%) per annum under any contract made in violation of this act.
B. An organization with any prepaid cemetery merchandise contracts subject to the provisions of the Cemetery Merchandise Trust Act shall apply for, and obtain, approval of the Commissioner before transferring or conveying in any manner the cemetery, its obligations or both the cemetery and its obligations under the prepaid cemetery merchandise contracts. The application shall be accompanied by a fee equal to that required under Section 7125 of this title and shall include such information as the Commissioner may prescribe. The Commissioner shall not approve any such transfer or conveyance until the applicant has provided sufficient evidence that a cemetery merchandise trust fund equal to the minimum funding requirement is maintained pursuant to Section 7126 of this title or the applicant has obtained a surety bond pursuant to the provisions of Section 7127 of this title.
Added by Laws 1989, c. 297, § 19, eff. Nov. 1, 1989. Amended by Laws 1995, c. 82, § 5, eff. Nov. 1, 1995; Laws 2009, c. 3, § 6, eff. July 1, 2009; Laws 2010, c. 58, § 13, eff. July 1, 2010. Renumbered from § 303 of Title 8 by Laws 2010, c. 58, § 40, eff. July 1, 2010. Amended by Laws 2013, c. 269, § 19, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7124. Administration of act – Appeals – Exemption for prepaid plans.

A. The Cemetery Merchandise Trust Act, Sections 7121 through 7135 of this title, shall be administered by the Insurance Commissioner. The Commissioner is authorized to promulgate reasonable rules concerning the keeping and inspection of records, the filing of contracts and reports, investments of and handling of the trust funds, and all other matters concerning the orderly administration and implementation of the Cemetery Merchandise Trust Act. All prepaid cemetery merchandise contracts shall be in writing, and no contract form created after July 1, 2010, shall be used without first being submitted to, and approved by, the Commissioner.
B. An organization aggrieved by an action or order of the Commissioner may appeal the action or order to the Oklahoma Insurance Department in accordance with Article II of the Administrative Procedures Act.
C. The provisions of the Cemetery Merchandise Trust Act shall not be applicable to any organization that has obtained a permit pursuant to Section 6121 of this title if the organization is in compliance with the provisions of Sections 6121 through 6136.18 of this title with respect to items that are considered cemetery merchandise pursuant to the Cemetery Merchandise Trust Act.
D. Unless sold pursuant to a permit issued under Section 6121 of this title, no organization in Oklahoma may sell, in advance of actual need, the services of opening or closing a burial space, as defined in Section 7102 of this title, unless the organization deposits in trust no less than sixty-five percent (65%) of the principal amount of the services sold, or maintains a surety bond for the full principal amount of the services sold. Any contracts for services sold before July 1, 2010, remain enforceable by the purchaser against the seller.
Added by Laws 1989, c. 297, § 20, eff. Nov. 1, 1989. Amended by Laws 1993, c. 218, § 8, eff. Sept. 1, 1993; Laws 1995, c. 82, § 6, eff. Nov. 1, 1995; Laws 2003, c. 57, § 27, emerg. eff. April 10, 2003; Laws 2009, c. 3, § 7, eff. July 1, 2009; Laws 2010, c. 58, § 14, eff. July 1, 2010. Renumbered from § 304 of Title 8 by Laws 2010, c. 58, § 41, eff. July 1, 2010. Amended by Laws 2013, c. 269, § 20, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7125. Application for permit - Cancellation of or refusal to issue or renew permit - Appeal.

A. Each organization desiring to accept money or anything of value for prepaid cemetery merchandise shall file an application for a permit with the Insurance Commissioner, and shall at the time of filing the application pay one initial filing fee of Two Hundred Dollars ($200.00). The Commissioner shall issue a permit upon the receipt of the application and payment of the filing fee, and upon making a finding that the applicant has complied with the rules as may be established pursuant to the Cemetery Merchandise Trust Act by the Commissioner. All applications shall be signed by the organization requesting the permit, and shall contain a statement that the applicant will comply with all the requirements as established pursuant to the Cemetery Merchandise Trust Act. All permits shall expire on March 15 of the year following the year the permit is first issued, unless renewed. Permits shall be renewed for a period not to exceed the succeeding March 15 upon the payment of a renewal fee of Two Hundred Dollars ($200.00). Late application for renewal of a permit shall require a fee of double the renewal fee. No application for renewal of a permit shall be accepted after April 15 of each year. Late applicants shall be required to reapply as if they were a new applicant, and pay an application fee equal to an amount that is double the renewal fee in addition to any fines that may have been imposed with respect to an expired permit.
B. The Commissioner may cancel a permit or refuse to issue a permit or refuse to issue a renewal of a permit for failure to comply with any provisions of the Cemetery Merchandise Trust Act or any rules promulgated thereto by the Commissioner, after reasonable notice to the permittee and opportunity for hearing before the Commissioner in accordance with Article II of the Administrative Procedures Act.
C. No organization shall be entitled to a new permit after cancellation, or refusal by the Commissioner to renew a permit, but shall thereafter be issued a new permit upon satisfactory proof of compliance with the Cemetery Merchandise Trust Act.
D. Any person or organization aggrieved by the actions of the Commissioner may appeal therefrom to the Oklahoma Insurance Department as provided by the Administrative Procedures Act.
Added by Laws 1989, c. 297, § 21, eff. Nov. 1, 1989. Amended by Laws 1995, c. 82, § 7, eff. Nov. 1, 1995; Laws 2000, c. 205, § 30, emerg. eff. May 17, 2000; Laws 2008, c. 275, § 9, eff. July 1, 2008; Laws 2010, c. 58, § 15, eff. July 1, 2010. Renumbered from § 305 of Title 8 by Laws 2010, c. 58, § 42, eff. July 1, 2010. Amended by Laws 2013, c. 269, § 21, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7127. Surety bond in lieu of trust requirement.

A. As an alternative to the trust requirements of Section 7126 of this title, an organization may purchase a surety bond in an amount not less than the minimum funding requirement.
B. The surety bond shall be made payable to the State of Oklahoma for the benefit of the Insurance Commissioner and all purchasers of prepaid cemetery merchandise. The bond shall be approved by the Commissioner.
C. The Commissioner may establish by rule the requirements and guidelines for the surety bonds required pursuant to this section.
D. A surety bond maintained under the provisions of this section or Section 7124 of this title may be cancelled or terminated by the surety only by providing notice to the Commissioner, no later than ninety (90) days before the effective date of the cancellation or termination. Notwithstanding the cancellation, termination, or expiration of a bond maintained under this section or Section 7124 of this title, the surety shall remain liable for obligations arising during the term of the bond and prior to the termination, cancellation or expiration.
Added by Laws 1989, c. 297, § 23, eff. Nov. 1, 1989. Amended by Laws 1995, c. 82, § 9, eff. Nov. 1, 1995; Laws 2009, c. 3, § 8, eff. July 1, 2009; Laws 2010, c. 58, § 17, eff. July 1, 2010. Renumbered from § 307 of Title 8 by Laws 2010, c. 58, § 44, eff. July 1, 2010. Amended by Laws 2013, c. 269, § 22, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7128. Annual report - Filing fee - Failure to file.

Each organization shall file an annual report with the Insurance Commissioner on or before March 15 of each year in a form as the Commissioner may require, showing the name of the financial institution holding the cemetery merchandise trust fund and the amount of the trust fund under each contract on the preceding December 31, and also showing the method of determination of the wholesale costs made pursuant to Section 7126 of this title. The total required deposits to the cemetery merchandise trust fund during the year shall also be reported. Each cemetery is responsible for maintaining satisfactory books and records, which will adequately justify all information contained in the annual report required by this section. Any organization which has discontinued the sale of prepaid cemetery merchandise, but which still has funds deposited in a cemetery merchandise trust fund or surety, shall not be required to obtain a renewal of its permit, but it shall continue to make annual reports to the Commissioner until all the funds have been disbursed pursuant to the Cemetery Merchandise Trust Act. A filing fee of Two Hundred Dollars ($200.00) shall accompany each report. If any officer of any organization fails or refuses to file an annual report, or fails or refuses to cause it to be filed within thirty (30) days after the organization has been notified by the Commissioner that the report is due and has not been received, the officer shall be guilty of a misdemeanor and shall be punished as prescribed in Section 7134 of this title.
Added by Laws 1989, c. 297, § 24, eff. Nov. 1, 1989. Amended by Laws 1993, c. 218, § 10, eff. Sept. 1, 1993; Laws 1995, c. 82, § 10, eff. Nov. 1, 1995; Laws 2000, c. 205, § 31, emerg. eff. May 17, 2000; Laws 2010, c. 58, § 18, eff. July 1, 2010. Renumbered from § 308 of Title 8 by Laws 2010, c. 58, § 45, eff. July 1, 2010. Amended by Laws 2013, c. 269, § 23, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7129. Examination of wholesale costs.

The Insurance Commissioner may examine each organization so as to approve the determination by the organization of the wholesale costs made pursuant to Section 7126 of this title. The examination shall be conducted pursuant to Sections 309.1 through 309.7 of Title 36 of this title and the cost of the examination shall be paid by the cemetery owner. The cost of the examination shall be billed directly to the cemetery owner by the examiner.
Added by Laws 1989, c. 297, § 25, eff. Nov. 1, 1989. Amended by Laws 1995, c. 82, § 11, eff. Nov. 1, 1995; Laws 2010, c. 58, § 19, eff. July 1, 2010. Renumbered from § 309 of Title 8 by Laws 2010, c. 58, § 46, eff. July 1, 2010. Amended by Laws 2013, c. 269, § 24, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7130. Redeposit of improperly withdrawn monies.

In the event the Insurance Commissioner determines that monies have been improperly paid by the trustee to the organization during the period covered by the examination, the Commissioner shall order the organization to redeposit to the trust the monies improperly withdrawn within sixty (60) days.
Added by Laws 1989, c. 297, § 26, eff. Nov. 1, 1989. Amended by Laws 1995, c. 82, § 12, eff. Nov. 1, 1995; Laws 2010, c. 58, § 20, eff. July 1, 2010. Renumbered from Title 8, § 310 by Laws 2010, c. 58, § 47, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7131. Attorney General - Action to recover payments - Penalties.

A. The Insurance Commissioner, may, after notice and an opportunity for hearing, initiate an action to recover payments required to be redeposited to the cemetery merchandise trust pursuant to the Cemetery Merchandise Trust Act or to recover other monies received or disbursed in violation of the Cemetery Merchandise Trust Act.
B. The Commissioner may, after an opportunity for hearing, censure a permittee or may suspend or revoke a permit for violation of any provision of the Cemetery Merchandise Trust Act. In addition to, or in lieu of, any censure, suspension or revocation, a permittee may be subject to a civil penalty of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) per occurrence or violation.
Added by Laws 1989, c. 297, § 27, eff. Nov. 1, 1989. Amended by Laws 1995, c. 82, § 13, eff. Nov. 1, 1995; Laws 2010, c. 58, § 21, eff. July 1, 2010. Renumbered from Title 8, § 311 by Laws 2010, c. 58, § 48, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7132. Execution, seizure, appropriation or application of certain funds prohibited.

In the absence of fraud, all funds held in a cemetery merchandise contract shall not be subject to attachment, garnishment or other legal process, or be seized, taken, appropriated or applied to pay any debt or liability of the organization, purchaser or beneficiary, by any legal or equitable process or by operation of law.
Added by Laws 1989, c. 297, § 25, eff. Nov. 1, 1989. Renumbered from Title 8, § 312 by Laws 2010, c. 58, § 49, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7133. Failure to assist examination of records - Application for receivership.

Whenever any officer of any organization refuses to submit the books, records, papers and instruments of an organization to the examination and inspection of the assistants or examiners of the Insurance Commissioner, or refuses or neglects to establish or maintain a cemetery merchandise trust fund in accordance with the requirements of the Cemetery Merchandise Trust Act within ninety (90) days after a written demand to establish or maintain a cemetery merchandise trust fund is made by the Commissioner, or in any manner obstructs or interferes with the examination of its cemetery merchandise trust fund, or refuses to be examined on oath concerning any of the affairs of its cemetery merchandise trust fund, the Commissioner may make application for receivership in the manner of a domestic insurer pursuant to Sections 1901 through 1920 of Title 36 of the Oklahoma Statutes.
Added by Laws 1989, c. 297, § 29, eff. Nov. 1, 1989. Amended by Laws 1995, c. 82, § 14, eff. Nov. 1, 1995; Laws 2010, c. 58, § 22, eff. July 1, 2010. Renumbered from Title 8, § 313 by Laws 2010, c. 58, § 50, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7134. Violations - Penalties.

Any organization, or its officers or directors, which violate any provision of the Cemetery Merchandise Trust Act shall, upon conviction, be deemed guilty of a misdemeanor and shall be subject to a fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00).
Added by Laws 1989, c. 297, § 25, eff. Nov. 1, 1989. Amended by Laws 2010, c. 58, § 23, eff. July 1, 2010. Renumbered from Title 8, § 315 by Laws 2010, c. 58, § 51, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7135. State Insurance Commissioner Revolving Fund.

Upon the effective date of this act, all monies received by the State Banking Commissioner pursuant to the Cemetery Merchandise Trust Act and all monies deposited in the Cemetery Merchandise Trust Act Revolving Fund and any other monies as required by law shall be transferred to the State Treasury and deposited into the State Insurance Commissioner Revolving Fund provided for in Section 307.3 of Title 36 of the Oklahoma Statutes. Monies received after the effective date of this act pursuant to the Cemetery Merchandise Trust Act shall be deposited into the State Insurance Commissioner Revolving Fund. Monies in the fund may be expended for expenses incurred in administering and enforcing the Cemetery Merchandise Trust Act and the Perpetual Care Fund Act.
Added by Laws 1989, c. 297, § 32, eff. Nov. 1, 1989. Amended by Laws 1993, c. 218, § 11, eff. Sept. 1, 1993; Laws 1995, c. 82, § 16, eff. Nov. 1, 1995; Laws 2010, c. 58, § 24, eff. July 1, 2010. Renumbered from Title 8, § 316 by Laws 2010, c. 58, § 52, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7202. Health Carrier Access Payment Revolving Fund.

A. There is hereby created a mechanism of funding through health carrier access payments, as defined in Section 7201 of this title, in order to stabilize the state's Medicaid program.
B. There is hereby created in the State Treasury a revolving fund for the Oklahoma Health Care Authority to be designated the "Health Carrier Access Payment Revolving Fund". The revolving fund shall be used to fund the state's Medicaid program and make full use of any federal matching funds available to the state.
1. The revolving fund shall consist of all monies collected and received by the Insurance Commissioner pursuant to Sections 7203 and 7204 of this title, which shall be deposited by the Insurance Commissioner into the revolving fund, as well as interest attributable to investment of money in the fund.
2. The revolving fund shall be a continuing fund, not subject to fiscal year limitations. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma Health Care Authority. Expenditures from the revolving fund shall be made pursuant to the laws of this state and the statutes relating to the state's Medicaid program. Expenditures from the revolving fund shall be made upon warrants issued by the State Treasurer, based on claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
C. All monies collected under Sections 7203 and 7204 of this title shall be used and expended by the Oklahoma Health Care Authority for the support of the state's Medicaid program and make full use of any federal matching funds available to the state.
D. The Oklahoma Health Care Authority is hereby authorized to transfer funds from the Health Carrier Access Payment Revolving Fund to the 340 CMIA Programs Disbursing Fund administered by the Oklahoma Health Care Authority for the purpose of carrying out the provisions of this act.
E. No monies collected from health carriers as access payments shall be expended for any wage or salary of any employee of any state agency and shall not provide any general or administrative funding for the state or any of its agencies, except for reasonable expenses incurred by the Insurance Commissioner for the express purpose of collecting the funds and by the Oklahoma Health Care Authority for the express purposes and administration of the fund.
Added by Laws 2010, c. 300, § 2. Amended by Laws 2012, c. 304, § 124.
NOTE: Editorially renumbered from § 7102 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7203. Access payment on paid claims.

A. From the effective date of this act until January 1, 2015, all health carriers shall pay to the Insurance Commissioner an access payment of one percent (1.0%) on all claims paid.
B. If a health carrier is contractually entitled to withhold certain amounts from payments due to providers of health and medical services for the purpose of ensuring that providers fulfill any financial obligations under a managed care risk arrangement, the full amounts due to the providers before the application of the contractual withholdings shall be reflected in the calculation of claims paid.
Added by Laws 2010, c. 300, § 3.
NOTE: Editorially renumbered from § 7103 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7204. Payment deadlines.

A. Except as provided in subsection B of this section, the access payments required to be paid by health carriers in Section 3 of this act shall be due and reported to the Insurance Commissioner on claims paid and incurred beginning July 1, 2010.
B. The access payments required in Section 3 of this act by a health carrier that is a third-party administrator or a self-insured employer shall be reported and paid on the basis of claims incurred and paid beginning July 1, 2010.
C. Access payments shall be made monthly to the Insurance Commissioner and are due thirty (30) days after the end of each month, except that access payments for third-party administrators for groups of fifty or fewer members may be made annually not less than sixty (60) days after the close of the plan year.
D. All monies collected by the Insurance Commissioner pursuant to this act shall be paid into the State Treasury weekly and transferred monthly to the Health Carrier Access Payment Revolving Fund created in Section 2 of this act.
E. The Insurance Commissioner may refuse to renew, suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any health carrier failing to pay an access payment. In addition to failing to renew, suspension or revocation of the certificate of authority, the Insurance Commissioner may assess civil penalties in accordance with Section 619 of Title 36 of the Oklahoma Statutes against any health carrier failing to pay an access payment or may take any other enforcement action authorized by the Oklahoma Insurance Code to collect any unpaid access payments.
F. Reasonable attorney fees shall be awarded to the Insurance Commissioner if judicial action is necessary for the enforcement of this act. Attorney fees shall be based upon those prevailing in the community. Attorney fees collected by the Insurance Commissioner without the assistance of the Attorney General shall be credited to the State Insurance Commissioner Revolving Fund.
G. The Insurance Commissioner shall promulgate rules and the procedures necessary for the implementation and administration of this act.
Added by Laws 2010, c. 300, § 4.
NOTE: Editorially renumbered from § 7104 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7301. Dental plan fee regulation - Appeals procedures.

A. No contract between a dental plan of a health benefit plan and a dentist for the provision of services to patients may require that a dentist provide services to its subscribers at a fee set by the health benefit plan unless the services are covered services under the applicable subscriber agreement.
B. As used in this section:
1. "Covered services" means services reimbursable under the applicable subscriber agreement, subject to the contractual limitations on subscriber benefits as may apply, including, for example, deductibles, waiting period or frequency limitations;
2. "Dental plan" means and shall include any policy of insurance which is issued by a health benefit plan which provides for coverage of dental services not in connection with a medical plan; and
3. "Health benefit plan" means any plan or arrangement as defined in subsection C of Section 6060.4 of this title or any dental service corporation authorized pursuant to Section 2671 of this title.
C. A health benefit plan or dental plan shall establish and maintain appeal procedures for any claim by a dentist or a subscriber that is denied based on lack of medical necessity. Any such denial shall be based upon a determination by a dentist who holds a nonrestricted license in the United States. Any written communication to a dentist that includes or pertains to a denial of benefits for all or part of a claim on the basis of a lack of medical necessity shall include the identifier and license number together with state of issuance, and a contact telephone number of the licensed dentist making the adverse determination. The dentist who reviewed the claim shall only be contacted at the telephone number provided in the written communication about the denial during business hours.
Added by Laws 2010, c. 146, § 1, eff. Nov. 1, 2010. Amended by Laws 2013, c. 69, § 1, eff. Nov. 1, 2013.
NOTE: Editorially renumbered from Title 36, § 7101 to avoid a duplication in numbering.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7401. Stop-loss coverage – Minimum aggregate retention.

Any stop-loss insurance coverage issued by an insurer authorized to do business in this state that provides an aggregate retention benefit shall provide an aggregate retention of no less than one hundred ten percent (110%) of the expected claims. The Insurance Commissioner shall develop minimum disclosure standards that can be incorporated into a form that shall be utilized by insurers issuing stop-loss insurance coverage to small employers, as defined in Section 6512 of Title 36 of the Oklahoma Statutes, in Oklahoma. The minimum disclosure standards and form shall be promulgated by rule in accordance with the Administrative Procedures Act.
Added by Laws 2016, c. 247, § 1, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 36. Insurance › §36-7402. Evaluation of effect of limits on opioid prescriptions and claims and out-of-pocket costs - Report.

The Insurance Department shall evaluate the effect of the limits on prescriptions for opioid drugs established by this act on the claims paid by health insurance carriers and the out-of-pocket costs including copayments, coinsurance and deductibles paid by individual and group health insurance policyholders. On or before January 1, 2021, the Insurance Department shall submit a report on the evaluation, along with any recommended policy and regulatory options that will ensure costs for patients are not increased as a result of new prescribing limitations on the amounts of opioid drugs, to the standing committees of the Legislature having jurisdiction over health and human services matters and over insurance and financial services matters. The Insurance Commissioner may adopt reasonable rules and regulations for the implementation and administration of the provisions of this subsection.
Added by Laws 2019, c. 428, § 20, emerg. eff. May 21, 2019.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-1-101. Short title - Oklahoma Alcoholic Beverage Control Act.

Sections 1 through 168 of this act shall be known and may be cited as the "Oklahoma Alcoholic Beverage Control Act".
Added by Laws 2016, c. 366, § 1, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-1-102. Policy and scope of act.

A. The purpose of the Oklahoma Alcoholic Beverage Control Act is to implement the provisions of Article XVIIIA of the Oklahoma Constitution, as referred to the people for their approval or rejection by the Secretary of State pursuant to the provisions of Enrolled Senate Joint Resolution No. 68 of the 2nd Session of the 55th Oklahoma Legislature. The Legislature hereby declares that the Oklahoma Alcoholic Beverage Control Act is deemed to be a code, digest or revision of statutes pursuant to the provisions of Section 57 of Article V of the Oklahoma Constitution.
B. All alcoholic beverages as herein defined except alcohol produced for use as a motor fuel under a permit issued by the Oklahoma State Department of Agriculture, Food, and Forestry shall be subject to the provisions of the Oklahoma Alcoholic Beverage Control Act.
Added by Laws 2016, c. 366, § 2, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-1-106. Exercise of police power.

The Oklahoma Alcoholic Beverage Control Act shall be deemed an exercise of the police power of the State of Oklahoma for the protection of the welfare, health, peace, temperance and safety of the people of this state, and all provisions hereof shall be construed for the accomplishment of that purpose.
Added by Laws 2016, c. 366, § 6, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
2023 Oklahoma Statutes › Title 37A. Alcoholic Beverage › §37A-1-109. Powers and authority of peace officers.

A. The members of the ABLE Commission, the Director and such agents and inspectors as the ABLE Commission appoints in writing shall have all the powers and authority of peace officers of this state for the purpose of enforcing the provisions of the Oklahoma Alcoholic Beverage Control Act.
B. The Director or any agent or inspector duly appointed, as provided in subsection A of this section, shall be authorized to arrest violators for offenses against laws of this state committed in the presence of the Director or such agents or inspectors, and further, upon the request of a sheriff or another peace officer of this state or any political subdivision thereof, assist in apprehension and arrest of a violator or suspected violator of any of the laws of this state.
C. 1. A commissioned employee of the ABLE Commission shall be entitled to receive, upon retirement by reason of length of service, the continued custody and possession of the sidearm and badge carried by such employee immediately prior to retirement;
2. A commissioned employee of the ABLE Commission may be entitled to receive, upon retirement by reason of disability, the continued custody and possession of the sidearm and badge carried by such employee immediately prior to retirement, upon approval of the Director;
3. Custody and possession of the sidearm and badge of a commissioned employee of the ABLE Commission, killed in the line of duty, may be awarded by the Director to the spouse or next of kin of the deceased employee.
Added by Laws 2016, c. 366, § 9, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.