reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-46 - Risk Retention Act › Section 27-46-11. - Administrative and procedural authority regarding risk retention groups and purchasing groups.

§ 27-46-11. Administrative and procedural authority regarding risk retention groups and purchasing groups.
The commissioner is authorized to make use of any of the powers established under this title and any other pertinent section of law to enforce the laws of this state not specifically preempted by 15 U.S.C. § 3901 et seq., including the commissioner’s administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders, impose penalties, and seek injunctive relief. With regard to any investigation, administrative proceedings, or litigation, the commissioner can rely on the procedural laws of this state. Any injunctive authority of the commissioner, in regard to risk retention groups, shall be restricted by the requirement that any injunction be issued by a court of competent jurisdiction.
History of Section.
P.L. 1991, ch. 348, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-46 - Risk Retention Act › Section 27-46-12. - Duty of agents or brokers or insurance producers to obtain license.

§ 27-46-12. Duty of agents or brokers or insurance producers to obtain license.
(a) Risk retention groups.
No person, firm, association, or corporation shall act or aid in any manner in soliciting, negotiating, or procuring liability insurance in this state from a risk retention group unless that person, firm, association, or corporation is licensed as an insurance agent or broker or producer in accordance with applicable provisions of law.
(b) Purchasing groups.
(1)
No person, firm, association, or corporation shall act or aid in any manner in soliciting, negotiating, or procuring liability insurance in this state for a purchasing group from an authorized insurer or a risk retention group chartered in a state unless that person, firm, association, or corporation is licensed as an insurance agent or broker or producer in accordance with applicable provisions of law;
(2)
No person, firm, association, or corporation shall act or aid in any manner in soliciting, negotiating, or procuring liability insurance coverage in this state for any member of a purchasing group under a purchasing group’s policy unless that person, firm, association, or corporation is licensed as an insurance agent or broker or producer in accordance with applicable provisions of law;
(3)
No person, firm, association, or corporation shall act or aid in any manner in soliciting, negotiating, or procuring liability insurance from an insurer not authorized to do business in this state on behalf of a purchasing group located in this state unless that person, firm, association, or corporation is licensed as a surplus lines agent or excess line broker in accordance with applicable provisions of law.
(c) Residency.
For the purposes of acting as an agent or broker or insurance producer for a risk retention group or purchasing group pursuant to subsections (a) and (b) of this section, the requirement of residence in this state shall not apply.
(d) Notice requirements.
Every person, firm, association, or corporation licensed pursuant to the provisions of law relating to agents or brokers or insurance producers shall inform each prospective insured on business placed with risk retention groups or written through a purchasing group of the provisions of the notice required by § 27-46-4(7) in the case of a risk retention group and § 27-46-9(c) in the case of a purchasing group.
History of Section.
P.L. 1991, ch. 348, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-46 - Risk Retention Act › Section 27-46-13. - Binding effect of orders issued in U.S. district court.

§ 27-46-13. Binding effect of orders issued in U.S. district court.
An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance, or operating in any state, or in all states or in any territory or possession of the United States, upon a finding that the group is in hazardous financial or financially impaired condition, shall be enforceable in the courts of the state.
History of Section.
P.L. 1991, ch. 348, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-46 - Risk Retention Act › Section 27-46-14. - Rules and regulations.

§ 27-46-14. Rules and regulations.
The commissioner may establish and amend any rules and/or regulations relating to risk retention groups as may be necessary or desirable to carry out the provisions of this chapter.
History of Section.
P.L. 1991, ch. 348, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-46 - Risk Retention Act › Section 27-46-15. - Severability.

§ 27-46-15. Severability.
If any clause, sentence, paragraph, section, or part of this chapter or the application of this chapter to any person or circumstances shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder of this chapter, and the application of the chapter to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph, section, or part of it directly involved in the controversy in which the judgment shall have been rendered and to the person or circumstances involved.
History of Section.
P.L. 1991, ch. 348, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-47 - Criminal Sanctions for Failure to Report Impairment › Section 27-47-1. - Definitions.

§ 27-47-1. Definitions.
As used in this chapter:
(1)
“Chief executive officer” is the person, irrespective of his or her title, designated by the board of directors or trustees of an insurer as the person charged with the responsibility of administering and implementing the insurer’s policies and procedures.
(2)
“Commissioner” means the commissioner of insurance or the commissioner’s equivalent of the state of domicile of any insurer.
(3)
“Impaired” is a financial situation in which the assets of an insurer are less than the sum of the insurer’s minimum required capital, minimum required surplus, and all liabilities as determined in accordance with the requirements for the preparation and filing of the annual statement of an insurer under chapter 12 of this title.
(4)
“Insurer” means any insurance company or other insurer licensed to do business in this state.
History of Section.
P.L. 1991, ch. 348, § 1; P.L. 2023, ch. 395, art. 1, § 17, effective December 31, 2023.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-47 - Criminal Sanctions for Failure to Report Impairment › Section 27-47-2. - Duty to notify.

§ 27-47-2. Duty to notify.
(a)
Whenever a chief executive officer of an insurer knows or has reason to know that an insurer is impaired, he or she shall notify the commissioner, in writing, of the impairment as soon as reasonably possible, but in no event later than fifteen (15) days after the chief executive officer knows or has reason to know of the impairment, and shall also notify, in writing, all of the board of directors or trustees of the insurer within the same time period.
(b)
Any officer, director, or trustee of an insurer shall notify the person serving as chief executive officer of the impairment of the insurer in the event the officer, director, or trustee knows or has reason to know that the insurer is impaired.
History of Section.
P.L. 1991, ch. 348, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-47 - Criminal Sanctions for Failure to Report Impairment › Section 27-47-3. - Penalty.

§ 27-47-3. Penalty.
(a)
Any person who violates § 27-47-2 shall, upon conviction, be fined not more than fifty thousand dollars ($50,000) or be imprisoned for not more than one year, or both.
(b)
Any person who does any of the following:
(1)
Conceals any property belonging to an insurer;
(2)
Transfers or conceals in contemplation of a state insolvency proceeding his own property or property belonging to an insurer;
(3)
Conceals, destroys, mutilates, alters, or makes a false entry in any document that affects or relates to the property of an insurer or withholds any document from a receiver, trustee, or other officer of a court entitled to its possession; or
(4)
Gives, obtains, or receives a thing of value for acting or forbearing to act in any court proceedings, and that act or acts results in or contributes to an insurer becoming impaired or insolvent, then that person shall be guilty of a felony and, upon conviction, be punished by imprisonment for not more than five (5) years.
History of Section.
P.L. 1991, ch. 348, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-48 - Business Transacted with Producer Controlled Insurer Act › Section 27-48-1. - Short title.

§ 27-48-1. Short title.
This chapter may be known as the “Business Transacted with Producer Controlled Insurer Act.”
History of Section.
P.L. 1992, ch. 445, § 9.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-48 - Business Transacted with Producer Controlled Insurer Act › Section 27-48-2. - Definitions.

§ 27-48-2. Definitions.
As used in this chapter:
(1)
“Accredited state” means a state in which the insurance department or regulatory agency has qualified as meeting the minimum financial regulatory standards promulgated and established from time to time by the National Association of Insurance Commissioners (NAIC).
(2)
“Control” or “controlled” has the meaning ascribed in § 27-35-1.
(3)
“Controlled insurer” means a licensed insurer that is controlled, directly or indirectly, by a producer.
(4)
“Controlling producer” means a producer who, directly or indirectly, controls an insurer.
(5)
“Director” means the director of the department of business regulation, or the director's designee.
(6)
“Licensed insurer” or “insurer” means any person, firm, association, or corporation duly licensed to transact a property or casualty insurance business in this state. The following, inter alia, are not licensed insurers for the purposes of this chapter:
(i)
All risk retention groups as defined in the Risk Retention Act, 15 U.S.C. § 3901 et seq., and chapter 46 of this title;
(ii)
All residual market pools and joint underwriting authorities or associations; and
(iii)
All captive insurers; for the purposes of this chapter, “captive insurers” means insurance companies owned by another organization whose exclusive purpose is to insure risks of the parent organization and affiliated companies or, in the case of groups and associations, insurance organizations owned by the insured whose exclusive purpose is to insure risks to member organizations and/or group members and their affiliates.
(7)
“Producer” means an insurance broker or brokers or any other person, firm, association, or corporation, when, for any compensation, commission, or other thing of value, that person, firm, association, or corporation acts or aids in any manner in soliciting, negotiating, or procuring the making of any insurance contract on behalf of an insured other than the person, firm, association, or corporation.
History of Section.
P.L. 1992, ch. 445, § 9.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-48 - Business Transacted with Producer Controlled Insurer Act › Section 27-48-3. - Applicability.

§ 27-48-3. Applicability.
This chapter shall apply to licensed insurers as defined in § 27-48-2, either domiciled in this state or domiciled in a state that is not an accredited state having in effect a substantially similar law. All provisions of chapter 35 of this title to the extent they are not superseded by this chapter shall continue to apply to all parties within holding company systems subject to this chapter.
History of Section.
P.L. 1992, ch. 445, § 9.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-48 - Business Transacted with Producer Controlled Insurer Act › Section 27-48-5. - Disclosure.

§ 27-48-5. Disclosure.
The producer, prior to the effective date of the policy, shall deliver written notice to the prospective insured disclosing the relationship between the producer and the controlled insurer; except that, if the business is placed through a subproducer who is not a controlling producer, the controlling producer shall retain in his or her records a signed commitment from the subproducer that the subproducer is aware of the relationship between the insurer and the producer and that the subproducer has notified or will notify the insured.
History of Section.
P.L. 1992, ch. 445, § 9.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-48 - Business Transacted with Producer Controlled Insurer Act › Section 27-48-6. - Penalties.

§ 27-48-6. Penalties.
(a)(1)
If the director believes that the controlling producer or any other person has not materially complied with this chapter, or any regulation or order promulgated pursuant to this chapter, after notice and opportunity to be heard, the director may order the controlling producer to cease placing business with the controlled insurer; and
(2)
If it was found that because of the material noncompliance that the controlled insurer or any policyholder of the insurer has suffered any loss or damage, the director may maintain a civil action or intervene in an action brought by or on behalf of the insurer or policyholder for recovery of compensatory damages for the benefit of the insurer or policyholder or other appropriate relief.
(b)
If an order for liquidation or rehabilitation of the controlled insurer has been entered pursuant to chapter 14.3 of this title, and the receiver appointed under that order believes that the controlling producer or any other person has not materially complied with this chapter, or any regulation or order promulgated pursuant to this chapter, and the insurer suffered any loss or damage from the noncompliance, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the insurer.
(c)
Nothing contained in this section shall affect the right of the director to impose any other penalties provided for in the insurance law.
(d)
Nothing contained in this section is intended to or shall in any manner alter or affect the rights of policyholders, claimants, creditors, or other third parties.
History of Section.
P.L. 1992, ch. 445, § 9.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-49 - Motor Vehicle Theft and Motor Vehicle Insurance Fraud Reporting — Immunity Act › Section 27-49-1. - Purpose.

§ 27-49-1. Purpose.
The purpose of this chapter is to allow for the sharing of information as to motor vehicle theft and/or motor vehicle insurance fraud between automobile insurers and certain governmental agencies. This chapter allows the governmental agencies to request and receive from the insurers information relating to motor vehicle theft or motor vehicle insurance fraud losses; to provide for insurers to notify these agencies of motor vehicle theft and insurance fraud; and to provide for immunity to the insurers providing this information, and protecting the confidentiality of the information exchanged or released pursuant to this chapter.
History of Section.
P.L. 1992, ch. 274, § 1; P.L. 1998, ch. 441, § 24.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-49 - Motor Vehicle Theft and Motor Vehicle Insurance Fraud Reporting — Immunity Act › Section 27-49-2. - Definitions.

§ 27-49-2. Definitions.
As used in this chapter:
(1)
“Authorized governmental agency” includes:
(i)
The office of the attorney general;
(ii)
The state police;
(iii)
Any police or fire department of a municipality;
(iv)
The U.S. Attorney’s office for the state of Rhode Island;
(v)
Any duly constituted criminal investigative department or agency, including the Federal Bureau of Investigation of the United States;
(vi)
Any solicitor or prosecuting attorney for a municipality;
(vii)
The director of the insurance division;
(viii)
The administrator of the division of motor vehicles; and
(ix)
The office of automobile theft and insurance fraud established by § 31-50-1.
(2)
“Insured” means a person, corporation, or other entity for which automobile insurance coverage is provided by an insurer.
(3)
“Insurer” means any domestic insurer or foreign insurer, licensed to provide automobile insurance coverage pursuant to the provisions of this title, or otherwise liable for any loss due to motor vehicle theft or motor vehicle insurance fraud.
(4)
“Relevant” means having a tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the information.
History of Section.
P.L. 1992, ch. 274, § 1; P.L. 1993, ch. 228, § 1; P.L. 1994, ch. 86, § 5; P.L. 2023, ch. 395, art. 1, § 18, effective December 31, 2023.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-49 - Motor Vehicle Theft and Motor Vehicle Insurance Fraud Reporting — Immunity Act › Section 27-49-3. - Disclosure of information.

§ 27-49-3. Disclosure of information.
(a)
Upon written request to an insurer by an authorized governmental agency, an insurer or agent authorized by an insurer to act on its behalf shall release to the requesting authorized governmental agency any or all relevant information that is deemed important to the authorized governmental agency and that the insurer may possess relating to any specific motor vehicle theft or motor vehicle insurance fraud. Relevant information may include, but is not limited to:
(1)
Insurance policy information relevant to the motor vehicle theft or motor vehicle insurance fraud under investigation, including any application for the policy;
(2)
Policy premium payment records that are available;
(3)
History of previous claims made by the insured; and
(4)
Information relating to the investigation of the motor vehicle theft or motor vehicle insurance fraud, including statements of any person, proofs of loss, and notice of loss.
(b)
When an insurer knows the identity of a person, or possesses information tending to establish the identity of a person, whom it has reason to believe committed a criminal or fraudulent act relating to a motor vehicle theft or motor vehicle insurance claim, or has knowledge of a criminal or fraudulent act that is reasonably believed not to have been reported to an authorized governmental agency, then for the purpose of notification and investigation, the insurer or an agent authorized by an insurer to act on its behalf shall notify an authorized governmental agency of the knowledge or information and provide any additional information in accordance with subsection (a). For the purpose of this chapter, when an insurer provides any of the authorized governmental agencies with notice pursuant to this section it shall be deemed sufficient notice to all authorized governmental agencies. Nothing in this subsection shall abrogate or impair the rights or powers created under subsection (a).
(c)
The authorized governmental agency provided with information pursuant to subsection (a) or (b) may release or provide the information to any other authorized governmental agencies.
(d)
Any insurer providing information to an authorized governmental agency pursuant to this section shall have the right to request and receive relevant information from the authorized governmental agency, and receive within a reasonable time, not to exceed thirty (30) days, the requested information.
History of Section.
P.L. 1992, ch. 274, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-49 - Motor Vehicle Theft and Motor Vehicle Insurance Fraud Reporting — Immunity Act › Section 27-49-4. - Evidence and confidentiality.

§ 27-49-4. Evidence and confidentiality.
Any information furnished pursuant to this chapter shall be privileged and not a part of any public record. Except as otherwise provided by law, any authorized governmental agency, insurer, or an agent authorized by an insurer to act on its behalf that receives any information furnished pursuant to this chapter, shall not release the information to public inspection. The evidence or information shall not be subject to subpoena duces tecum in a civil or criminal proceeding, unless, after reasonable notice to any insurer, agent authorized by an insurer to act on its behalf, and authorized governmental agency that has an interest in the information and a subsequent hearing, the court determines that the public interest and any ongoing investigation by the authorized governmental agency, insurer, or an agent authorized by an insurer to act on its behalf will not be jeopardized by compliance with the subpoena or subpoena duces tecum.
History of Section.
P.L. 1992, ch. 274, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-49 - Motor Vehicle Theft and Motor Vehicle Insurance Fraud Reporting — Immunity Act › Section 27-49-5. - Immunity.

§ 27-49-5. Immunity.
No insurer, or agent authorized by an insurer to act on its behalf, authorized governmental agency or its respective employees shall be subject to any civil or criminal liability in a cause of action of any kind for releasing or receiving any factually accurate information pursuant to § 27-49-3 or § 27-49-4. Nothing in this chapter is intended to or does in any way or manner abrogate or lessen the common and statutory law, privileges, and immunities of an insurer, agent authorized by an insurer to act on its behalf, or authorized governmental agency or any of their respective employees.
History of Section.
P.L. 1992, ch. 274, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-49 - Motor Vehicle Theft and Motor Vehicle Insurance Fraud Reporting — Immunity Act › Section 27-49-5.1. - Insurer disclosure — Qualified immunity.

§ 27-49-5.1. Insurer disclosure — Qualified immunity.
(a)
An insurer and an agent authorized to act on its behalf, upon written request, may provide to another insurer or insurance industry related organization whose purpose it is to investigate or assist in the prosecution of motor vehicle insurance fraud any and all relevant factually accurate information that the insurer may possess as to any motor vehicle claim or other information that may relate to whether a motor vehicle theft or motor vehicle insurance fraud has occurred.
(b)
No insurer, organization, or agent authorized to act under subsection (a) shall be subjected to any civil or criminal liability in any cause of action of any kind for releasing or receiving any relevant factually accurate information pursuant to subsection (a) if it acts in good faith and with due care solely for the purpose of facilitating the discovery and prosecution of the theft or fraud.
History of Section.
P.L. 1993, ch. 228, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-49 - Motor Vehicle Theft and Motor Vehicle Insurance Fraud Reporting — Immunity Act › Section 27-49-6. - Severability.

§ 27-49-6. Severability.
If any clause, sentence, paragraph, section, or part of this chapter or its application to any person or circumstances, shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder of this chapter, and the application of this chapter to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph, section, or part of it directly involved in the controversy in which the judgment shall have been rendered and to the person or circumstances involved.
History of Section.
P.L. 1992, ch. 274, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-50 - Small Employer Health Insurance Availability Act › Section 27-50-1. - Short title.

§ 27-50-1. Short title.
This chapter shall be known and may be cited as the “Small Employer Health Insurance Availability Act.”
History of Section.
P.L. 2000, ch. 200, § 10; P.L. 2000, ch. 229, § 10.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-50 - Small Employer Health Insurance Availability Act › Section 27-50-2. - Purpose.

§ 27-50-2. Purpose.
(a)
The purpose and intent of this chapter are to enhance the availability of health insurance coverage to small employers regardless of their health status or claims experience; to prevent abusive rating practices; to prevent segmentation of the health insurance market based upon health risk; to spread health insurance risk more broadly; to require disclosure of rating practices to purchasers; to establish rules regarding renewability of coverage; to limit the use of preexisting condition exclusions; to provide for development of “economy,” “standard,” and “basic” health benefit plans to be offered to all small employers; and to improve the overall fairness and efficiency of the small group health insurance market.
(b)
This chapter is not intended to provide a comprehensive solution to the problem of affordability of health care or health insurance.
History of Section.
P.L. 2000, ch. 200, § 10; P.L. 2000, ch. 229, § 10.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-50 - Small Employer Health Insurance Availability Act › Section 27-50-4. - Applicability and scope.

§ 27-50-4. Applicability and scope.
(a)
This chapter applies to any health benefit plan that provides coverage to the employees of a small employer in this state, whether issued directly by a carrier or through a trust, association, or other intermediary, and regardless of issuance or delivery of the policy, if any of the following conditions are met:
(1)
Any portion of the premium or benefits is paid by or on behalf of the small employer;
(2)
An eligible employee or dependent is reimbursed, whether through wage adjustments or otherwise, by or on behalf of the small employer for any portion of the premium;
(3)
The health benefit plan is treated by the employer or any of the eligible employees or dependents as part of a plan or program for the purposes of Section 162, Section 125, or Section 106 of the United States Internal Revenue Code, 26 U.S.C. § 162, 125, or 106; or
(4)
The health benefit plan is marketed to individual employees through an employer.
(b)(1)
Except as provided in subsection (b)(2) of this section, for the purposes of this chapter, carriers that are affiliated companies or that are eligible to file a consolidated tax return shall be treated as one carrier and any restrictions or limitations imposed by this chapter shall apply as if all health benefit plans delivered or issued for delivery to small employers in this state by the affiliated carriers were issued by one carrier.
(2)
An affiliated carrier that is a health maintenance organization having a license under chapter 41 of this title or a health maintenance organization as defined in chapter 62 of title 42 may be considered to be a separate carrier for the purposes of this chapter.
(3)
Unless otherwise authorized by the director, a small employer carrier shall not enter into one or more ceding arrangements with respect to health benefit plans delivered or issued for delivery to small employers in this state if those arrangements would result in less than fifty percent (50%) of the insurance obligation or risk for the health benefit plans being retained by the ceding carrier. The department of business regulation’s statutory provisions under this title shall apply if a small employer carrier cedes or assumes all of the insurance obligation or risk with respect to one or more health benefit plans delivered or issued for delivery to small employers in this state.
History of Section.
P.L. 2000, ch. 200, § 10; P.L. 2000, ch. 229, § 10; P.L. 2007, ch. 164, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-50 - Small Employer Health Insurance Availability Act › Section 27-50-8. - Certification of creditable coverage.

§ 27-50-8. Certification of creditable coverage.
(a)
Small employer carriers shall provide written certification of creditable coverage to individuals in accordance with subsection (b) of this section.
(b)
The certification of creditable coverage shall be provided:
(1)
At the time an individual ceases to be covered under the health benefit plan or otherwise becomes covered under a COBRA continuation provision;
(2)
In the case of an individual who becomes covered under a COBRA continuation provision, at the time the individual ceases to be covered under that provision; and
(3)
At the time a request is made on behalf of an individual if the request is made not later than twenty-four (24) months after the date of cessation of coverage described in subsection (b)(1) or (b)(2) of this section, whichever is later.
(c)
Small employer carriers may provide the certification of creditable coverage required under subsection (b)(1) of this section at a time consistent with notices required under any applicable COBRA continuation provision.
(d)
The certificate of creditable coverage required to be provided pursuant to subsection (a) shall contain:
(1)
Written certification of the period of creditable coverage of the individual under the health benefit plan and the coverage, if any, under the applicable COBRA continuation provision; and
(2)
The waiting period, if any, and, if applicable, affiliation period imposed with respect to the individual for any coverage under the health benefit plan.
(e)
To the extent medical care under a group health plan consists of group health insurance coverage, the plan is deemed to have satisfied the certification requirement under subsection (a) of this section if the carrier offering the coverage provides for certification in accordance with subsection (b) of this section.
(f)(1)
If an individual enrolls in a group health plan that uses the alternative method of counting creditable coverage pursuant to § 27-50-7(c)(3) and the individual provides a certificate of coverage that was provided to the individual pursuant to subsection (b) of this section, on request of the group health plan, the entity that issued the certification to the individual promptly shall disclose to the group health plan information on the classes and categories of health benefits available under the entity’s health benefit plan.
(2)
The entity providing the information pursuant to subsection (f)(1) of this section may charge the requesting group health plan the reasonable cost of disclosing the information.
History of Section.
P.L. 2000, ch. 200, § 10; P.L. 2000, ch. 229, § 10.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-50 - Small Employer Health Insurance Availability Act › Section 27-50-9. - Periodic market evaluation.

§ 27-50-9. Periodic market evaluation.
Within three (3) months after March 31, 2002, and every thirty-six (36) months after this, the director shall obtain an independent actuarial study and report. The director shall assess a fee to the health plans to commission the report. The report shall analyze the effectiveness of the chapter in promoting rate stability, product availability, and coverage affordability. The report may contain recommendations for actions to improve the overall effectiveness, efficiency, and fairness of the small group health insurance marketplace. The report shall address whether carriers and producers are fairly actively marketing or issuing health benefit plans to small employers in fulfillment of the purposes of the chapter. The report may contain recommendations for market conduct or other regulatory standards or action.
History of Section.
P.L. 2000, ch. 200, § 10; P.L. 2000, ch. 229, § 10; P.L. 2003, ch. 120, § 1; P.L. 2003, ch. 286, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-50 - Small Employer Health Insurance Availability Act › Section 27-50-11. - Administrative procedures.

§ 27-50-11. Administrative procedures.
The commissioner may promulgate rules and regulations necessary to effectuate the purposes of this chapter.
History of Section.
P.L. 2000, ch. 200, § 10; P.L. 2000, ch. 229, § 10; P.L. 2023, ch. 214, § 4, effective June 21, 2023; P.L. 2023, ch. 215, § 4, effective June 21, 2023.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-50 - Small Employer Health Insurance Availability Act › Section 27-50-12.1. - Renewal rating.

§ 27-50-12.1. Renewal rating.
To ensure ease of understanding of renewal rate calculation and related information, the health insurance commissioner may, by regulation, prescribe the presentation formats for delivery of renewal rates to small employers.
History of Section.
P.L. 2006, ch. 258, § 3; P.L. 2006, ch. 296, § 3.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-50 - Small Employer Health Insurance Availability Act › Section 27-50-14. - Severability.

§ 27-50-14. Severability.
If any provision of this chapter or the application of any provision to any person or circumstances is for any reason held invalid, the remainder of the chapter and the application of its provisions to other persons or circumstances shall not be affected by that invalidity.
History of Section.
P.L. 2000, ch. 200, § 10; P.L. 2000, ch. 229, § 10.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-50 - Small Employer Health Insurance Availability Act › Section 27-50-15. - Restoration of terminated coverage.

§ 27-50-15. Restoration of terminated coverage.
The director may promulgate regulations to require small employer carriers, as a condition of transacting business with small employers in this state after July 13, 2000, to reissue a health benefit plan to any small employer whose health benefit plan has been terminated or not renewed by the carrier on or after July 1, 2000. The director may prescribe any terms for the reissue of coverage that the director finds are reasonable and necessary to provide continuity of coverage to small employers.
History of Section.
P.L. 2000, ch. 200, § 10; P.L. 2000, ch. 229, § 10.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-50 - Small Employer Health Insurance Availability Act › Section 27-50-16. - Risk adjustment mechanism.

§ 27-50-16. Risk adjustment mechanism.
The director may establish a payment mechanism to adjust for the amount of risk covered by each small employer carrier. The director may appoint an advisory committee composed of individuals that have risk adjustment and actuarial expertise to help establish the risk adjusters.
History of Section.
P.L. 2000, ch. 200, § 10; P.L. 2000, ch. 229, § 10.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-50 - Small Employer Health Insurance Availability Act › Section 27-50-18. - Special enrollment — Pregnancy.

§ 27-50-18. Special enrollment — Pregnancy.
(a) In general.
A carrier shall establish a special enrollment period that allows for the enrollment of a pregnant individual at any time after the commencement of the pregnancy. Coverage shall be effective as of the first of the month in which the pregnant individual applies for coverage. This special enrollment period shall be applicable to all health benefit plans subject to this chapter.
(b) Non-interference with federal and state law.
Nothing in subsection (a) shall be construed to conflict with or preempt any other applicable requirements for enrollment in health insurance coverage under federal and state law. The special enrollment period described in subsection (a) is in addition to any other special enrollment periods that are required under federal and state law.
History of Section.
P.L. 2022, ch. 145, § 3, effective January 1, 2023; P.L. 2022, ch. 146, § 3, effective January 1, 2023.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-51 - Managing General Agents Act › Section 27-51-1. - Short title.

§ 27-51-1. Short title.
This chapter may be known as the “Managing General Agents Act.”
History of Section.
P.L. 1992, ch. 445, § 1; P.L. 1996, ch. 188, § 19; P.L. 2002, ch. 292, § 91.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-51 - Managing General Agents Act › Section 27-51-2. - Definitions.

§ 27-51-2. Definitions.
As used in this chapter:
(1)
“Actuary” means a person who is a member in good standing of the American Academy of Actuaries.
(2)
“Insurer” means any person, firm, association, or corporation duly licensed in this state as an insurance company pursuant to this title.
(3)(i)
“Managing general agent” (MGA) means any person, firm, association, or corporation who or that negotiates and binds ceding reinsurance contracts on behalf of an insurer or manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office, and acts as an agent for the insurer whether known as a managing general agent, manager, or other similar term, who or that, with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written premium equal to or more than five percent (5%) of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year together with one or more of the following: (A) Adjusts or pays claims in excess of an amount determined by the insurance commissioner or (B) Negotiates reinsurance on behalf of the insurer.
(ii)
Notwithstanding subsection (3)(i) of this section, the following persons shall not be considered as MGAs for the purposes of this chapter:
(A)
An employee of the insurer;
(B)
A U.S. manager of the United States branch of an alien insurer;
(C)
An underwriting manager who or that, pursuant to contract, manages all or part of the insurance operations of the insurer, is under common control with the insurer, subject to the holding company regulatory act, and whose compensation is not based on the volume of premiums written without regard to the profitability of the business written; and
(D)
An attorney-in-fact authorized by and acting for the subscribers of a reciprocal insurer or interinsurance exchange under powers of attorney.
(4)
“Producer” means insurance producer as defined in chapter 2.4 of this title.
(5)
“Underwrite” means the authority to accept or reject risk on behalf of the insurer.
History of Section.
P.L. 1992, ch. 445, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-51 - Managing General Agents Act › Section 27-51-3. - Licensure.

§ 27-51-3. Licensure.
(a)
No person, firm, association, or corporation shall act in the capacity of an MGA with respect to risks located in this state for an insurer licensed in this state unless that person, firm, association, or corporation is a licensed producer in this state.
(b)
No person, firm, association, or corporation shall act in the capacity of an MGA representing an insurer domiciled in this state with respect to risks located outside this state unless that person, firm, association, or corporation is licensed as a producer in this state. The license may be a nonresident license pursuant to the provisions of this chapter.
(c)
The commissioner may require a bond in an amount acceptable to the commissioner for the protection of the insurer.
(d)
The commissioner may require the MGA to maintain an errors and omissions policy.
History of Section.
P.L. 1992, ch. 445, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-51 - Managing General Agents Act › Section 27-51-5. - Duties of insurers.

§ 27-51-5. Duties of insurers.
(a)
The insurer shall have on file an independent financial examination, in a form acceptable to the commissioner, of each MGA with which it has done business.
(b)
If an MGA establishes loss reserves, the insurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the MGA. This is in addition to any other required loss reserve certification.
(c)
The insurer shall periodically, at least semiannually, conduct an onsite review of the underwriting and claims processing operations of the MGA.
(d)
Binding authority for all reinsurance contracts or participation in insurance or reinsurance syndicates shall rest with an officer of the insurer, who shall not be affiliated with the MGA.
(e)
Within thirty (30) days of entering into or termination of a contract with an MGA, the insurer shall provide written notification of the appointment or termination to the commissioner. Notices of appointment of an MGA shall include a statement of duties the applicant is expected to perform on behalf of the insurer, the lines of insurance for which the applicant is to be authorized to act, and any other information the commissioner may request.
(f)
An insurer shall review its books and records each quarter to determine if any producer has become an MGA by virtue of the provisions of this chapter. If the insurer determines that a producer has become a MGA pursuant to the provisions of this chapter, the insurer shall promptly notify the producer and the commissioner of the determination and the insurer and producer must fully comply with the provisions of this chapter within thirty (30) days.
(g)
An insurer shall not appoint to its board of directors an officer, director, employee, subproducer, or controlling shareholder of its MGAs. This subsection shall not apply to relationships governed by chapter 35 of this title, or, if applicable, chapter 48 of this title, the Business Transacted with Producer Controlled Insurer Act.
History of Section.
P.L. 1992, ch. 445, § 1; P.L. 2023, ch. 395, art. 1, § 19, effective December 31, 2023.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-51 - Managing General Agents Act › Section 27-51-6. - Examination authority.

§ 27-51-6. Examination authority.
The acts of the MGA are considered to be the acts of the insurer on whose behalf it is acting. An MGA may be examined as if it was the insurer and cost of examination will be borne by the insurer pursuant to § 27-13-1.
History of Section.
P.L. 1992, ch. 445, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-51 - Managing General Agents Act › Section 27-51-7. - Penalties and liabilities.

§ 27-51-7. Penalties and liabilities.
(a)
If the commissioner finds after a hearing conducted in accordance with the Administrative Procedures Act, chapter 35 of title 42, that any person has violated any provision(s) of this chapter, the commissioner may order:
(1)
For each separate violation, a penalty in an amount not exceeding one thousand dollars ($1,000);
(2)
Revocation or suspension of the producer’s license. If it was found that because of material noncompliance the insurer has suffered any loss or damage, the commissioner may maintain a civil action brought by or on behalf of the insurer and its policyholders and creditors for recovery of compensatory damages for the benefit of the insurer and its policyholders and creditors or other appropriate relief.
(b)
If an order of rehabilitation or liquidation of the insurer has been entered pursuant to applicable Rhode Island law and the receiver appointed under that order determines that the MGA or any other person has not materially complied with this chapter, or any regulation or order promulgated pursuant to this chapter, and the insurer suffered any loss or damage from the noncompliance, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the insurer.
(c)
Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided for in the insurance law.
(d)
Nothing contained in this chapter is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, and auditors.
History of Section.
P.L. 1992, ch. 445, § 1; P.L. 1996, ch. 188, § 19.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-51 - Managing General Agents Act › Section 27-51-8. - Rules and regulations.

§ 27-51-8. Rules and regulations.
The commissioner of insurance may adopt reasonable rules and regulations for the implementation and administration of the provisions of this chapter.
History of Section.
P.L. 1992, ch. 445, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-51 - Managing General Agents Act › Section 27-51-9. - Utilization of services.

§ 27-51-9. Utilization of services.
No insurer may continue to utilize the services of an MGA on and after December 31, 1992, unless that utilization is in compliance with this chapter.
History of Section.
P.L. 1992, ch. 445, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-52 - Reinsurance Intermediaries › Section 27-52-4. - Required contract provisions — Reinsurance intermediary brokers.

§ 27-52-4. Required contract provisions — Reinsurance intermediary brokers.
Transactions between a RB and the insurer it represents in that capacity shall only be entered into pursuant to a written authorization, specifying the responsibilities of each party. The authorization shall, at a minimum, provide that:
(1)
The insurer may terminate the RB’s authority at any time;
(2)
The RB will render accounts to the insurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by, or owing, to the RB, and remit all funds due to the insurer within thirty (30) days of receipt;
(3)
All funds collected for the insurer’s account will be held by the RB in a fiduciary capacity in a bank that is a qualified U.S. financial institution as defined in this chapter;
(4)
The RB will comply with § 27-52-5;
(5)
The RB will comply with the written standards established by the insurer for the cession or retrocession of all risks; and
(6)
The RB will disclose to the insurer any relationship with any reinsurer to which business will be ceded or retroceded.
History of Section.
P.L. 1992, ch. 445, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-52 - Reinsurance Intermediaries › Section 27-52-5. - Books and records — Reinsurance intermediary brokers.

§ 27-52-5. Books and records — Reinsurance intermediary brokers.
(a)
For at least ten (10) years after the expiration of each contract of reinsurance transacted by the RB, the RB will keep a complete record for each transaction showing:
(1)
The type of contract, limits, underwriting restrictions, classes, or risks and territory;
(2)
Period of coverage, including effective and expiration dates, cancellation provisions, and notice required of cancellation;
(3)
Reporting and settlement requirements of balances;
(4)
Rate used to compute the reinsurance premium;
(5)
Names and addresses of assuming reinsurers;
(6)
Rates of all reinsurance commissions, including the commissions on any retrocessions handled by the RB;
(7)
Related correspondence and memoranda;
(8)
Proof of placement;
(9)
Details regarding retrocessions handled by the RB including the identity of retrocessionaries and percentage of each contract assumed or ceded;
(10)
Financial records including, but not limited to, premium and loss accounts; and
(11)
When the RB procures a reinsurance contract on behalf of a licensed ceding insurer:
(i)
Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or
(ii)
If placed through a representative of the assuming reinsurer, other than an employee, written evidence that the reinsurer has delegated binding authority to the representative.
(b)
The insurer will have access and the right to copy and audit all accounts and records maintained by the RB related to its business in a form usable by the insurer.
History of Section.
P.L. 1992, ch. 445, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-52 - Reinsurance Intermediaries › Section 27-52-6. - Duties of insurers utilizing the services of a reinsurance intermediary broker.

§ 27-52-6. Duties of insurers utilizing the services of a reinsurance intermediary broker.
(a)
An insurer shall not engage the services of any person, firm, association, or corporation to act as a RB on its behalf unless that person is licensed as required by this chapter.
(b)
An insurer may not employ an individual who is employed by a RB with which it transacts business, unless that RB is under common control with the insurer and subject to the Insurance Holding Company Systems Act, chapter 35 of this title.
(c)
The insurer shall annually obtain a copy of statements of the financial condition of each RB with which it transacts business.
History of Section.
P.L. 1992, ch. 445, § 1.