reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 36. Insurance › §36-6554. Exemptions - Review of patients eligible under Social Security - In-house utilization review.

A. The Insurance Commissioner shall waive the requirements of the Hospital and Medical Services Utilization Review Act for the activities of a private review agent in connection with a contract with the federal or state government for utilization review of patients eligible for hospital and medical services under the Social Security Act.
B. No certificate is required for those private review agents conducting general in-house utilization review for hospitals, home health agencies, preferred provider organizations, or other managed care entities, clinics, private offices or any other health facility or entity, so long as the review does not result in the approval or denial of payment for hospital or medical services for a particular case. Such general in-house utilization review shall be exempt from all provisions of the Hospital and Medical Services Utilization Review Act.
Added by Laws 1991, c. 294, § 4, eff. Nov. 1, 1991.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6555. Rules - Forms - Issuance of certificate - Reporting requirements - Confidentiality.

A. The Insurance Commissioner may promulgate and adopt rules to implement the provisions of this section.
B. The Commissioner shall develop standardized forms for registration, performing and implementing certification requirements pursuant to the Hospital and Medical Services Utilization Review Act.
C. The Commissioner shall issue a certificate to an applicant that has met all the requirements of the Hospital and Medical Services Utilization Review Act and applicable rules.
D. The Commissioner may establish reporting requirements to:
1. Evaluate, based upon the information furnished pursuant to the provisions of this act, the effectiveness of private review agents; and
2. Determine if the utilization review programs are in compliance with the provisions of the Hospital and Medical Services Utilization Review Act and applicable rules.
E. Any information required by the Commissioner with respect to customers, patients or utilization review procedures of a private review agent shall be held in confidence and shall not be disclosed to the public. However, a patient or a person with financial responsibility for a patient's bill shall be entitled to information and documents relating to them and their claim.
F. A certificate issued pursuant to the Hospital and Medical Services Utilization Review Act is not transferable.
G. No individual conducting utilization review shall be required to be certified if such utilization review is performed within the scope of such person's employment with an entity already certified pursuant to the Hospital and Medical Services Review Act.
Added by Laws 1991, c. 294, § 5, eff. Nov. 1, 1991.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6556. Health insurance plans - Certification or contract with certified private review agent - Exceptions.

Every health insurance plan which proposes to administer a health benefits program that provides for the coverage of hospital and/or medical benefits and the utilization review of those benefits shall:
1. Be certified in accordance with the Hospital and Medical Services Utilization Review Act; or
2. Contract with a private review agent who is certified in accordance with the Hospital and Medical Services Utilization Review Act.
The provisions of this section shall not apply to insurance companies and not-for-profit hospital services and medical indemnity plans, licensed by the Commissioner to transact insurance in this state, that perform in-house utilization review.
Added by Laws 1991, c. 294, § 6, eff. Nov. 1, 1991.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6557. Application for certificate.

A. An applicant for a certificate shall:
1. Submit an application to an Insurance Commissioner; and
2. Pay to the Commissioner an application fee in an amount of Five Hundred Dollars ($500.00), which shall be sufficient to pay for the administrative cost of the certification program and any other cost associated with carrying out the provisions of the Hospital and Medical Services Utilization Review Act.
B. The application shall:
1. Be on a form approved by the Commissioner and accompanied by any supporting documentation that the Commissioner requires; and
2. Be signed and verified by the applicant.
Added by Laws 1991, c. 294, § 7, eff. Nov. 1, 1991.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6560. Expiration of certificate - Renewal.

A. A certificate expires on the first anniversary of its effective date unless the certificate is renewed for a one-year term as provided in this section.
B. Before the certificate expires, a certificate may be renewed for an additional one-year term, if the applicant:
1. Otherwise is entitled to the certificate;
2. Pays the Insurance Commissioner an annual renewal fee in the amount of Five Hundred Dollars ($500.00);
3. Submits to the Commissioner:
a.
a renewal application on the form that the Commissioner requires, and
b.
satisfactory evidence of compliance with any requirement for certificate renewal;
4. Establishes and maintains a complaint system which has been approved by the Commissioner and which provides reasonable procedures for the resolution of written complaints concerning utilization review; and
5. Maintains records of written complaints for five (5) years from the time the complaints are filed and submits to the Commissioner a summary report at such times and in such format as the Commissioner may require.
Added by Laws 1991, c. 294, § 10, eff. Nov. 1, 1991.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6561. Refusal to issue or renew or suspension or revocation of certificate - Hearing - Appeal.

A. The Insurance Commissioner may refuse to issue or renew or may suspend or revoke a certificate if the holder does not comply with performance assurances under this section, violates any provision of the Hospital and Medical Services Utilization Review Act, or violates any rule adopted pursuant thereto.
B. The Commissioner shall deny or refuse to renew a certificate to any applicant if, upon review of the application, the Commissioner finds that the applicant proposing to conduct utilization review does not:
1. Have available the services of a sufficient number of qualified medical professionals supervised by appropriate health care providers to carry out the applicant's utilization review activities. Said sufficiency shall be based on standards and criteria pursuant to the provisions of subparagraph b of paragraph 1 of Section 8 of this act;
2. Meet any applicable rules the Commissioner adopted pursuant to the Hospital and Medical Services Utilization Review Act relating to the qualifications of private review agents or the performance of utilization review; and
3. Provide assurances satisfactory to the Commissioner that:
a.
the procedure and policies of the private review agent shall protect the confidentiality of medical records, and
b.
the review agent shall be reasonably accessible in this state to patients, hospitals and health care providers as required by this act.
C. Before denying, not renewing, or revoking a certificate, the Commissioner shall provide the applicant or certificate holder with reasonable time to supply additional information demonstrating compliance with the requirements of the Hospital and Medical Services Utilization Review Act and the opportunity to request a hearing. If an applicant or certificate holder requests a hearing, the Commissioner shall send a hearing notice and conduct a hearing in accordance with the Administrative Procedures Act.
D. Any person aggrieved by a final decision of the Commissioner in a contested case may appeal the decision as provided for in the Administrative Procedures Act.
Added by Laws 1991, c. 294, § 11, eff. Nov. 1, 1991.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6562. Disclosure or publication of confidential medical information.

A private review agent shall not disclose or publish individual medical records or any other confidential medical information obtained in the performance of utilization review activities without the appropriate procedures for protecting the patient's confidentiality. Provided, however, that nothing in the Hospital and Medical Services Utilization Review Act shall prohibit a private review agent from providing patient information to a third party with whom the private review agent is affiliated, under contract, or for whom the agent is acting.
Added by Laws 1991, c. 294, § 12, eff. Nov. 1, 1991.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6564. Examination of affairs of private review agent.

Whenever the Insurance Commissioner deems it to be prudent for the benefit of the insureds, health care providers, or insurers, the Commissioner or any person designated by the Commissioner may visit and examine the affairs of any private review agent to determine if the agent is in compliance with the provisions of the Hospital and Medical Services Utilization Review Act or any rules adopted or orders issued pursuant thereto.
Any person or entity examined pursuant to the provisions of the Hospital and Medical Services Utilization Review Act shall pay the proper charges incurred for such examination, including the actual expenses of the Insurance Commissioner or the expenses and compensation of his authorized representative and the expenses and compensation of assistants and examiners employed therein.
Added by Laws 1991, c. 294, § 14, eff. Nov. 1, 1991.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6565. Civil fines.

For any violation of the provisions of the Hospital and Medical Services Utilization Review Act or any rule adopted pursuant thereto, the Insurance Commissioner may, upon notice and hearing, subject a person or entity to a civil fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for each occurrence.
Added by Laws 1991, c. 294, § 15, eff. Nov. 1, 1991.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6571. Determination of average area or customary and reasonable charges - Disclosure to health care provider of information used.

A. As used in this section:
1. "Health care provider" means any person, firm, corporation or other legal entity that is licensed, certified or otherwise authorized by the laws of this state to provide health care services, procedures or supplies in the ordinary course of business or practice of a profession; and
2. "Insurer" means any insurance company, not-for-profit hospital service and medical indemnity plan, health insurance service organization, preferred provider organization or other entity offering health insurance policies, contracts or benefits in this state.
B. Any insurer which:
1. Makes a determination or contracts with a third party who makes the determination of average area charges or customary and reasonable charges for health care services, procedures or supplies; and
2. Based on such determination, authorizes payment in an amount which is less than the amount charged by the health care provider for such services, procedures or supplies;
shall, upon the request of a health care provider, furnish the name, mailing address and telephone number of the party making the determination to the health care provider.
C. Upon the request of the health care provider, the party shall furnish, for a reasonable charge, information used to determine the average area charges or customary and reasonable charges for the services, procedures or supplies provided by the health care provider and authorized for payment pursuant to paragraph 2 of subsection B of this section. The information shall include the rationale and documentation of sources used in the determination of the average area charges or customary and reasonable charges for the services, procedures or supplies in question, including names, mailing addresses and telephone numbers of sources if available. Such information shall be furnished to the health care provider no later than ten (10) working days after the request for information by the health care provider.
D. 1. No insurer shall use the services of a party for the determination of average area charges or customary and reasonable charges which is not in compliance with the provisions of this section.
2. Noncompliance shall be reported to the Insurance Commissioner who, upon investigation of the complaint and determination that the party is in noncompliance and that no resolution of the complaint will be made within a reasonable time, shall compile and maintain a list of parties which are not in compliance with the provisions of this section.
Added by Laws 1992, c. 297, § 1, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6581. Uniform health claim forms - Uniform billing forms - Rules.

A. On or before January 1, 1994, the Insurance Commissioner shall develop and adopt:
1. Uniform health care claim forms for use by all health care providers and carriers in the state; and
2. Uniform standards and procedures for processing such claim forms in electronic and hard-copy form.
The Commissioner shall direct all insurers licensed in the state to begin using the uniform claim forms by July 1, 1994.
B. The Commissioner shall adopt the health care financing administration (HCFA) 1500 form for outpatient billing and claim submission, or its successor, and the uniform billing (UB) 92 form for hospital billing and claim submission, or its successor as the uniform health care claim and billing form for appropriate hospital and medical expenses, and shall develop uniform forms for other health care provider services, including but not limited to pharmacy and dental services.
C. The Commissioner shall promulgate such rules as are necessary for developing, adopting and administering the uniform claim forms and processing system.
Added by Laws 1993, c. 304, § 1, emerg. eff. June 7, 1993. Amended by Laws 1995, c. 246, § 2, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6591. Short title - Declaration of necessity.

A. Sections 1 through 6 of this act shall be known and may be cited as the "Managed Health Care Reform and Accountability Act".
B. The Legislature hereby declares that the public good and the general welfare of the citizens of this state require the enactment of this measure under the police power of the state as part of and in furtherance of the regulation of the business of insurance.
Added by Laws 2000, c. 163, § 1, eff. July 1, 2000.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6592. Definitions.

For purposes of this act:
1. "Enrollee" means an individual who is enrolled in a health care plan, including covered dependents;
2. "Health care plan" means any arrangement whereby any person undertakes to provide, arrange for, pay for, or reimburse any part of the costs of any health care services for an enrollee;
3. "Health care provider" means a physician, hospital, pharmaceutical company, pharmacy, pharmacist, laboratory, or other state-licensed or state-recognized provider of health care services;
4. "Health insurance carrier" means an insurance company that issues policies of accident and health insurance and is or should be licensed to sell insurance in this state;
5. "Health maintenance organization" means an organization which is or should be licensed by the State Department of Health pursuant to Section 2501 et seq. of Title 63 of the Oklahoma Statutes;
6. "Managed care entity" means any entity which is a health care plan, health insurance carrier or health maintenance organization as defined in this section, but does not include an employer that sponsors or participates in a health care plan or purchases coverage or assumes risk on behalf of or for the benefit of its employees or the employees of one or more subsidiaries or affiliates of the employer; and
7. "Medically necessary” means services or supplies provided by a health care provider that are:
a.
appropriate for the symptoms and diagnosis or treatment of the enrollee’s condition, illness, disease, or injury,
b.
in accordance with standards of good medical practice,
c.
not primarily for the convenience of the enrollee or the enrollee’s health care provider, and
d.
the most appropriate supply or level of service that can safely be provided to the enrollee.
Added by Laws 2000, c. 163, § 2, eff. July 1, 2000.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6593. Duty of health care entity to exercise ordinary care - Liability for damages - Application of act.

A. A health insurance carrier, health maintenance organization, or other managed care entity for a health care plan has the duty to exercise ordinary care when making health care treatment decisions and shall be liable for damages for harm to an enrollee proximately caused by breach of the duty to exercise ordinary care if:
1. The failure to exercise ordinary care resulted in the denial, significant delay, or modification of the health care service recommended for, or furnished to, an enrollee; and
2. The enrollee suffered harm.
B. The standards in subsection A of this section create no obligation on the part of the health insurance carrier, health maintenance organization, or other managed care entity to provide to an enrollee treatment which is not covered by the health care plan.
C. This act does not create any liability on the part of an employer or an employer group purchasing organization that sponsors or participates in a health care plan or purchases coverage or assumes risk on behalf of or for the benefit of its employees or the employees of one or more subsidiaries or affiliates of the employer.
D. A health care plan, health insurance carrier, health maintenance organization, or managed care entity may not remove a health care provider from its plan or refuse to renew the health care provider from its plan for advocating on behalf of an enrollee for appropriate and medically necessary health care for the enrollee.
E. A health insurance carrier, health maintenance organization, or other managed care entity shall not seek indemnification from a health care provider, whether contractual or equitable, for liability imposed by this act. Any provision in a contract to the contrary is void and unenforceable.
F. Nothing in any law of this state prohibiting a health insurance carrier, health maintenance organization, or other managed care entity from practicing medicine or being licensed to practice medicine may be asserted as a defense by a health insurance carrier, health maintenance organization, or other managed care entity in an action brought against it pursuant to this section or any other law of this state.
G. This section shall not create any new or additional liability on the part of a health insurance carrier, health maintenance organization, or managed care entity for harm caused that is attributable to the medical negligence of a health care provider.
H. An enrollee who files an action under this act shall comply with all requirements relating to cost bonds, deposits, and expert reports.
I. This act shall not apply to insurance agents licensed by the Insurance Department.
J. This act shall not apply to workers’ compensation insurance.
Added by Laws 2000, c. 163, § 3, eff. July 1, 2000.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6594. Prerequisites to maintaining cause of action - Exhaustion of appeal and review process and all applicable remedies - Notice.

A. A person may not maintain a cause of action under this act against a health insurance carrier, health maintenance organization, or other managed care entity unless the affected enrollee or the representative of the enrollee, has exhausted any appeal and review process applicable under the utilization review requirements of the plan, has exhausted all applicable remedies specified in the Oklahoma Managed Care External Review Act and gives written notice of the claim as provided in subsection B of this section.
B. The notice required by subsection A of this section shall be delivered or mailed to the health insurance carrier, health maintenance organization, or managed care entity against whom the action will be brought at least thirty (30) days before the action is filed.
C. If the enrollee or the representative of the enrollee has not exhausted the appeal and review processes and gives notice as required by subsection A of this section before the statute of limitations applicable to a claim against a managed care entity has expired, the limitations period is tolled until thirty (30) days after the date the enrollee or the representative of the enrollee has exhausted the processes for appeal and review pursuant to subsection A of this section.
Added by Laws 2000, c. 163, § 4, eff. July 1, 2000.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6596. Application of Section 9.1 of Title 23 to cause of action brought under act.

Subparagraph c of paragraph 2 of subsection C of Section 9.1 of Title 23 of the Oklahoma Statutes shall not apply to any cause of action brought under the Managed Health Care Reform and Accountability Act.
Added by Laws 2000, c. 163, § 6, eff. July 1, 2000.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6651. Definitions.

As used in the Vehicle Protection Product Act:
1. "Administrator" means a third party other than the warrantor who is designated by the warrantor to be responsible for the administration of vehicle protection product warranties;
2. "Commissioner" means the Insurance Commissioner;
3. "Department" means the Insurance Department;
4. "Incidental costs" means expenses specified in the warranty incurred by the warranty holder related to the failure of the vehicle protection product to perform as provided in the warranty. Incidental costs may include insurance policy deductibles, rental vehicle charges, the difference between the actual value of the stolen vehicle at the time of theft and the cost of a replacement vehicle, vehicle excise taxes, vehicle registration fees, certificate of title fees, transaction fees and mechanical inspection fees;
5. "Service contract" means a contract or agreement as defined under the Service Warranty Act in Title 15 of the Oklahoma Statutes;
6. "Vehicle protection product" means a vehicle protection device, system, or service that:
a.
is installed on or applied to a vehicle,
b.
is designed to prevent loss or damage to a vehicle from a specific cause, and
c.
includes a written warranty.
For purposes of this section, the term vehicle protection product shall include alarm systems, body part marking products, steering locks, window etch products, pedal and ignition locks, fuel and ignition kill switches, and electronic, radio and satellite tracking devices;
7. "Vehicle protection product warranty" or "warranty" means a written agreement by a warrantor that provides if the vehicle protection product fails to prevent loss or damage to a vehicle from a specific cause, that the warrantor will pay to or on behalf of the warranty holder specified incidental costs as a result of the failure of the vehicle protection product to perform pursuant to the terms of the warranty;
8. "Vehicle protection product warrantor" or "warrantor" means a person who is contractually obligated to the warranty holder under the terms of the vehicle protection product warranty agreement. Warrantor does not include an authorized insurer providing a warranty reimbursement insurance policy;
9. "Warranty holder" means a person who purchases a vehicle protection product or who is a permitted transferee; and
10. "Warranty reimbursement insurance policy" means a policy of insurance that is issued to the vehicle protection product warrantor to provide reimbursement to the warrantor or to pay on behalf of the warrantor all covered contractual obligations incurred by the warrantor under the terms and conditions of the insured vehicle protection product warranties issued by the warrantor.
Added by Laws 2008, c. 353, § 3, eff. Jan. 1, 2009. Amended by Laws 2012, c. 150, § 34, eff. Nov. 1, 2012; Laws 2014, c. 418, § 5, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6652. Compliance with act.

A. No vehicle protection product may be sold or offered for sale in this state unless the seller, warrantor and administrator, if any, comply with the provisions of the Vehicle Protection Product Act.
B. Vehicle protection product warrantors and related vehicle protection product sellers and warranty administrators complying with the Vehicle Protection Product Act are not required to comply with and are not subject to any other provisions of the Insurance Code.
C. Service contract providers who sell vehicle protection products and are licensed under the Service Warranty Act in Title 15 of the Oklahoma Statutes are not subject to the requirements of the Vehicle Protection Product Act and sales of the vehicle protection products under the Vehicle Protection Product Act are exempt from the requirements of the Service Warranty Act.
D. Warranties, indemnity agreements and guarantees that are not provided as a part of a vehicle protection product are not subject to the provisions of the Vehicle Protection Product Act.
Added by Laws 2008, c. 353, § 4, eff. Jan. 1, 2009. Amended by Laws 2012, c. 150, § 35, eff. Nov. 1, 2012; Laws 2014, c. 418, § 6, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6653. Warrantor registration.

A. A person may not operate as a warrantor or represent to the public that the person is a warrantor unless the person is registered with the Insurance Department on a form prescribed by the Insurance Commissioner.
B. Warrantor registration records shall be filed annually and shall be updated within thirty (30) days of any change. The registration records shall contain the following information:
1. The warrantor’s name, any fictitious names under which the warrantor does business in the state, principal office address, and telephone number;
2. The name and address of the warrantor’s agent for service of process in the state if other than the warrantor;
3. The names of the warrantor’s executive officer or officers directly responsible for the warrantor’s vehicle protection product business;
4. The name, address, and telephone number of any administrators designated by the warrantor to be responsible for the administration of vehicle protection product warranties in this state;
5. A copy of the warranty reimbursement insurance policy or policies or other financial information required by Section 6 of this act;
6. A copy of each warranty the warrantor proposes to use in this state; and
7. A statement indicating under which provision of Section 6 of this act the warrantor qualified to do business in this state as a warrantor.
C. The Commissioner may charge each registrant a reasonable fee to offer the cost of processing the registration and maintaining the records in an amount to be set by rule. The information in paragraphs 1 and 2 of subsection B of this section shall be made available to the public.
D. If a registrant fails to register by the renewal deadline, the Commissioner shall give the registrant written notice of the failure and the registrant will have thirty (30) days to complete the renewal of registration before the registrant is suspended from being registered in this state.
E. An administrator or person who sells or solicits a sale of a vehicle protection product but who is not a warrantor shall not be required to register as a warrantor or be licensed under the insurance laws of this state to sell vehicle protection products.
Added by Laws 2008, c. 353, § 5, eff. Jan. 1, 2009.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6654. Financial security requirements for sales of products.

No vehicle protection product shall be sold or offered for sale in this state unless the warrantor meets the conditions specified in either paragraph 1 or 2 of this section in order to ensure adequate performance under the warranty. No other financial security requirements or financial standards for warrantors shall be required.
1. The vehicle protection product warrantor is insured under a warranty reimbursement policy issued by an insurer authorized to do business in this state which provides that:
a.
the insurer will pay to, or on behalf of, the warrantor one hundred percent (100%) of all sums that the warrantor is legally obligated to pay according to the warrantor’s contractual obligations under the warrantor’s vehicle protection product warranty,
b.
a true and correct copy of the warranty reimbursement insurance policy has been filed with the Insurance Commissioner by the warrantor, and
c.
the policy contains the provision required in Section 7 of this act.
2.
a.
The vehicle protection product warrantor, or its parent company in accordance with subparagraph b of this paragraph, maintains a net worth or stockholders’ equity of Fifty Million Dollars ($50,000,000.00), and
b.
the warrantor provides the Commissioner with a copy of the warrantor’s or the warrantor’s parent company’s most recent Form 10-K or Form 20-F filed with the Securities and Exchange Commission within the last calendar year or, if the warrantor does not file with the Securities and Exchange Commission, a copy of the warrantor or the warrantor’s parent company’s audited financial statements that shows a net worth of the warrantor or its parent company of at least Fifty Million Dollars ($50,000,000.00). If the warrantor’s parent company’s Form 10-K, Form 20-F, or audited financial statements are filed to meet the warrantor’s financial stability requirement, then the parent company shall agree to guarantee the obligations of the warrantor relating to warranties issued by the warrantor in this state. The financial information filed under this subparagraph shall be confidential as a trade secret of the entity filing the information and not subject to public disclosure.
Added by Laws 2008, c. 353, § 6, eff. Jan. 1, 2009.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6655. Warranty reimbursement insurance policy requirements.

No warranty reimbursement insurance policy shall be issued, sold, or offered for sale in this state unless the policy meets the conditions set forth in this section and the Insurance Commissioner has not disapproved the policy.
1. The policy states that the issuer of the policy shall reimburse or pay on behalf of the vehicle protection product warrantor all covered sums which the warrantor is legally obligated to pay or shall provide all service that the warrantor is legally obligated to perform according to the warrantor’s contractual obligations under the provisions of the insured warranties issued by the warrantor.
2. The policy states that in the event payment due under the terms of the warranty is not provided by the warrantor within sixty (60) days after proof of loss has been filed according to the terms of the warranty by the warranty holder, the warranty holder may file directly with the warranty reimbursement insurance company for reimbursement.
3. The policy provides that a warranty reimbursement insurance company that insures a warranty shall be deemed to have received payment of the premium if the warranty holder paid for the vehicle protection product and the insurer’s liability under the policy shall not be reduced or relieved by a failure of the warrantor, for any reason, to report the issuance of a warranty to the insurer.
4. The policy has the following provisions regarding cancellation of the policy:
a.
the issuer of a reimbursement insurance policy shall not cancel such policy until a notice of cancellation in writing has been mailed or delivered to the Insurance Commissioner and each insured warrantor,
b.
the cancellation of a reimbursement insurance policy shall not reduce the issuer’s responsibility for vehicle protection products sold prior to the date of cancellation, and
c.
in the event an insurer cancels a policy that a warrantor has filed with the Commissioner, the warrantor shall do either of the following:
(1)
file a copy of a new policy with the Commissioner, before the termination of the prior policy, providing no lapse in coverage following the termination of the prior policy, and
(2)
discontinue offering warranties as of the termination date of the policy until a new policy becomes effective and is accepted by the Commissioner.
Added by Laws 2008, c. 353, § 7, eff. Jan. 1, 2009.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6656. Vehicle protection product warranty requirements - Incidental costs.

A. Any vehicle protection product shall not be sold or offered for sale in this state unless the warranty:
1. States, “The obligations of the warrantor to the warranty holder are guaranteed under a warranty reimbursement insurance policy”, if the warrantor elects to meet its financial responsibility obligations under paragraph 1 of Section 6 of this act, or states, “The obligations of the warrantor under this warranty are backed by the full faith and credit of the warrantor”, if the warrantor elects to meet its financial responsibility obligations under paragraph 2 of Section 6 of this act;
2. States that in the event a warranty holder must make a claim against a party other than the warranty reimbursement insurance policy issuer, the warranty holder is entitled to make a direct claim against the insurer upon the failure of the warrantor to pay any claim or meet any obligation under the terms of the warranty within sixty (60) days after proof of loss has been filed with the warrantor, if the warrantor elects to meet its financial responsibility obligations under paragraph 1 of Section 6 of this act;
3. States the name and address of the issuer of the warranty reimbursement insurance policy, and this information need not be preprinted on the warranty form, but may be added to or stamped on the warranty, if the warrantor elects to meet its financial responsibility obligations under paragraph 1 of Section 6 of this act;
4. Identifies the warrantor, the seller, and the warranty holder;
5. Sets forth the total product purchase price and the terms under which it is to be paid; however, the purchase price is not required to be preprinted on the vehicle protection product warranty and may be negotiated with the consumer at the time of sale;
6. Sets forth the procedure for making a claim, including a telephone number;
7. Specifies the payments or performance to be provided under the warranty including payments for incidental costs, the manner of calculation or determination of payments or performance, and any limitations, exceptions or exclusions;
8. Sets forth all of the obligations and duties of the warranty holder, such as the duty to protect against any further damage to the vehicle, the obligation to notify the warrantor in advance of any repair, or other similar requirements, if any;
9. Sets forth any terms, restrictions, or conditions governing transferability and cancellation of the warranty, if any; and
10. Contains a disclosure that reads substantially as follows: “This agreement is a product warranty and is not insurance.”
B. Incidental costs may be reimbursed under the provisions of the warranty in either a fixed amount specified in the warranty or sales agreement or by the use of a formula itemizing specific incidental costs incurred by the warranty holder.
Added by Laws 2008, c. 353, § 8, eff. Jan. 1, 2009.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6657. Use of certain terms and names restricted - Vehicle protection product purchase as condition of financing prohibited.

A. Unless licensed as an insurance company, a vehicle protection product warrantor shall not use in its name, contracts, or literature, any of the words “insurance”, “casualty”, “surety”, “mutual”, or any other words descriptive of the insurance, casualty, or surety business or deceptively similar to the name or description of any insurance or surety corporation, or any other vehicle protection product warrantor. A warrantor may use the term “guaranty” or similar word in the warrantor’s name.
B. A vehicle protection product seller or warrantor may not require as a condition of financing that a retail purchaser of a motor vehicle purchase a vehicle protection product.
Added by Laws 2008, c. 353, § 9, eff. Jan. 1, 2009.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6658. Transaction records - Contents - Retention period - Availability for examination.

A. All vehicle protection product warrantors shall keep accurate accounts, books, and records concerning transactions regulated under the Vehicle Protection Product Act.
B. A vehicle protection product warrantor’s accounts, books, and records shall include:
1. Copies of all vehicle protection product warranties;
2. The name and address of each warranty holder; and
3. The dates, amounts, and descriptions of all receipts, claims, and expenditures.
C. A vehicle protection product warrantor shall retain all required accounts, books, and records pertaining to each warranty holder for at least three (3) years after the specified period of coverage has expired. A warrantor discontinuing business in this state shall maintain its records until it furnishes the Insurance Commissioner satisfactory proof that the warrantor has discharged all obligations to warranty holders in this state.
D. Vehicle protection product warrantors shall make all accounts, books, and records concerning transactions regulated under the Vehicle Protection Product Act available to the Commissioner for examination.
Added by Laws 2008, c. 353, § 10, eff. Jan. 1, 2009.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6660. Promulgation of rules.

The Commissioner may promulgate rules consistent with the provisions of the Vehicle Protection Product Act as are necessary to implement them. Such rules shall include disclosures for the benefit of the warranty holder, record-keeping, and procedures for public complaints. These rules may also include the conditions under which surplus lines insurers may be rejected for the purpose of underwriting vehicle protection product warranty agreements.
Added by Laws 2008, c. 353, § 12, eff. Jan. 1, 2009.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6661. Application and construction of act.

The Vehicle Protection Product Act applies to all vehicle protection products sold or offered for sale on or after the effective date of this act. The failure of any person to comply with the Vehicle Protection Product Act prior to its effective date shall not be admissible in any court proceeding, administrative proceeding, arbitration, or alternative dispute resolution proceeding and may not otherwise be used to prove that the action of any person or the affected vehicle protection product was unlawful or otherwise improper. The adoption of the Vehicle Protection Product Act does not imply that a vehicle protection product warranty was insurance prior to the effective date of this act. Nothing in this section shall be construed to require the application of the penalty provisions where this section is not applicable.
Added by Laws 2008, c. 353, § 13, eff. Jan. 1, 2009.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6670. Definitions.

As used in this section through Section 6676 of this title:
1. "Commissioner" means the Insurance Commissioner;
2. "Enrolled customer" means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics;
3. "Customer" means a person who purchases portable electronics or services;
4. "Location" means any physical location in the State of Oklahoma or any website, call center site, or similar location directed to residents of the State of Oklahoma;
5. "Portable electronics" means electronic devices that are portable in nature, their accessories and services related to the use of the device;
6. "Portable electronics insurance" means insurance providing coverage for the repair or replacement of portable electronics which may provide coverage for portable electronics against any one or more of the following causes of loss: loss, theft, inoperability due to mechanical failure, malfunction, damage or other similar causes of loss. "Portable electronics insurance" does not include:
a.
a service contract governed by the Service Warranty Act,
b.
a policy of insurance covering a seller's or a manufacturer's obligations under a warranty,
c.
a homeowner's, renter's, private passenger automobile, commercial multi-peril, or similar policy, or
d.
a contract excluded from the definition of a service warranty as set forth by subparagraphs a through g of paragraph 17 of Section 141.2 of Title 15 of the Oklahoma Statutes;
7. "Portable electronics transaction" means:
a.
the sale or lease of portable electronics by a vendor to a customer, or
b.
the sale of a service related to the use of portable electronics by a vendor to a customer;
8. "Supervising entity" means a business entity that is a licensed insurer or insurance producer; and
9. "Vendor" means a person in the business of engaging in portable electronics transactions directly or indirectly.
Added by Laws 2011, c. 93, § 1, eff. Nov. 1, 2011. Amended by Laws 2012, c. 147, § 1, eff. Nov. 1, 2012; Laws 2013, c. 15, § 22, emerg. eff. April 8, 2013; Laws 2016, c. 73, § 14, eff. Nov. 1, 2016.
NOTE: Laws 2012, c. 150, § 36 repealed by Laws 2013, c. 15, § 23, emerg. eff. April 8, 2013.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6671. Limited lines license.

A. A vendor is required to hold a limited lines license to sell or offer coverage under a policy of portable electronics insurance.
B. A limited lines license issued pursuant to this section shall authorize any employee or authorized representative of the vendor to sell or offer coverage under a policy of portable electronics insurance to a customer at each location at which the vendor engages in portable electronics transactions.
C. The supervising entity shall maintain a registry of vendor locations which are authorized to sell or solicit portable electronics insurance coverage in this state. Upon request by the Insurance Commissioner and with ten (10) days' notice to the supervising entity, the registry shall be open to inspection and examination by the Insurance Commissioner during regular business hours of the supervising entity.
D. Notwithstanding any other provision of law, a license issued pursuant to this section shall authorize the licensee and its employees or authorized representatives to engage in those activities that are permitted in this section.
Added by Laws 2011, c. 93, § 2, eff. Nov. 1, 2011. Amended by Laws 2012, c. 147, § 2, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6672. Portable electronics insurance - Required brochure contents.

A. At every location where portable electronics insurance is offered to customers, brochures or other written materials must be made available to a prospective customer which:
1. Disclose that portable electronics insurance may provide a duplication of coverage already provided by a customer's homeowner's insurance policy, renter's insurance policy or other source of coverage;
2. State that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics or services;
3. Summarize the material terms of the insurance coverage, including:
a.
the identity of the insurer,
b.
the identity of the supervising entity,
c.
the amount of any applicable deductible and how it is to be paid,
d.
benefits of the coverage, and
e.
key terms and conditions of coverage such as whether portable electronics may be repaired or replaced with similar make and model reconditioned or non-original manufacturer parts or equipment;
4. Summarize the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable in the event the enrolled customer fails to comply with any equipment return requirements; and
5. State that the enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person paying the premium shall receive a refund or credit of any applicable unearned premium refund.
B. Portable electronics insurance may be offered on a month to month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for its enrolled customers.
C. Eligibility and underwriting standards for customers electing to enroll in coverage shall be established for each portable electronics insurance program.
Added by Laws 2011, c. 93, § 3, eff. Nov. 1, 2011. Amended by Laws 2012, c. 147, § 3, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6673. Sale of portable electronics insurance - Licensure exemptions.

A. The employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers and shall not be subject to licensure as an insurance producer pursuant to Section 2 of this act if:
1. The vendor obtains a limited lines license to authorize its employees or authorized representatives to sell or offer portable electronics insurance pursuant to Section 2 of this act;
2. The insurer issuing the portable electronics insurance either directly supervises or appoints a supervising entity to supervise the administration of the program including development of a training program for employees and authorized representatives of the vendors. The training required by this paragraph shall comply with the following:
a.
the training shall be delivered to employees and authorized representatives of a vendor who is directly engaged in the activity of selling or offering portable electronics insurance,
b.
the training may be provided in electronic form. If conducted in an electronic form, the supervising entity shall implement a supplemental education program regarding portable electronics insurance that is conducted and overseen by licensed employees of the supervising entity, and
c.
each employee and authorized representative shall receive basic instruction about the portable electronics insurance offered to customers and the disclosures required pursuant to Section 3 of this act.
No employee or authorized representative of a vendor of portable electronics shall advertise, represent or otherwise hold himself or herself out as a non limited lines licensed insurance producer.
B. The charges for portable electronics insurance coverage may be billed and collected by the vendor of portable electronics. Any charge to the enrolled customer for coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services shall be separately itemized on the enrolled customer’s bill. If the coverage is included with the purchase or lease of portable electronics or related services the vendor shall clearly and conspicuously disclose to the enrolled customer that the coverage is included with the purchase of the portable electronics or related services. Vendors billing and collecting these charges shall not be required to maintain the funds in a segregated account provided that the vendor is authorized by the insurer to hold the funds in an alternative manner and to remit the amounts to the supervising entity within sixty (60) days of receipt. All funds received by a vendor from an enrolled customer for the sale of portable electronics insurance shall be considered funds held in trust by the vendor in a fiduciary capacity for the benefit of the insurer. Vendors may receive compensation for billing and collection services.
Added by Laws 2011, c. 93, § 4, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6674. Portable electronics insurance - Violations of act.

A. If a vendor of portable electronics or its employee or authorized representative violates any provision of Sections 1 through 7 of this act, the Insurance Commissioner may:
1. After notice and hearing, impose fines not to exceed Five Hundred Dollars ($500.00) per violation or Five Thousand Dollars ($5,000.00) in the aggregate for such conduct; or
2. After notice and hearing, impose other penalties that the Commissioner deems necessary and reasonable to carry out the purpose of Sections 1 through 7 of this act, including:
a.
suspending the privilege of transacting portable electronics insurance pursuant to Sections 1 through 7 of this act at specific business locations where violations have occurred, and
b.
suspending or revoking the ability of individual employees or authorized representatives to act under the license.
Added by Laws 2011, c. 93, § 5, eff. Nov. 1, 2011.