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2023 Oklahoma Statutes › Title 36. Insurance › §36-6060.9d. Prescription eyedrop refills.

A. Any health benefit plan issued or renewed on or after November 1, 2017, that provides coverage for prescription eyedrops shall not deny coverage for a refill of a prescription if:
1. For a thirty-day supply, the amount of time has passed after which a patient should have used seventy percent (70%) of the dosage units of the drug according to a practitioner's instructions, or twenty-one (21) days from:
a.
the original date the prescription was distributed to the insured, or
b.
the date the most recent refill was distributed to the insured;
2. The prescribing practitioner indicates on the original prescription that additional quantities are needed;
3. The refill requested by the insured does not exceed the number of additional quantities needed; and
4. The prescription eyedrops prescribed by the practitioner are a covered benefit under the policy or contract to the insured.
B. As used in this section, "health benefit plan" means any plan or arrangement as defined in subsection C of Section 6060.4 of Title 36 of the Oklahoma Statutes.
Added by Laws 2017, c. 15, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6060.10. Definitions.

As used in this act:
1. "Base period" means the period of coverage pursuant to the issuance or renewal of a health benefit plan that is required to provide benefits pursuant to the provisions of Section 6060.11 of this title;
2. "Health benefit plan" means any plan or arrangement as defined in subsection C of Section 6060.4 of this title;
3. "Insurer" means any entity providing an accident and health insurance policy in this state including, but not limited to, a licensed insurance company, a not-for-profit hospital service and medical indemnity corporation, a fraternal benefit society, a multiple employer welfare arrangement or any other entity subject to regulation by the Insurance Commissioner;
4. "Mental health and substance use disorder" means any condition or disorder involving a mental health condition or substance use disorder listed under any of the diagnostic categories in the mental disorders section of the most recent edition of the International Classification of Disease or in the mental disorders section of the most recent version of the Diagnostic and Statistical Manual of Mental Disorders; and
5. "Mental health and substance use disorder benefits" means benefits covering items or services for mental health conditions or substance use disorders, as defined under the terms of the health benefit plan and in accordance with applicable federal and state law. Any condition defined by the plan as a mental health condition or not a mental health condition shall be consistent with the definition of that condition included in generally recognized independent standards of current medical practice, including but not limited to the most recent version of the Diagnostic and Statistical Manual of Mental Disorders or the most recent edition of the International Classification of Disease.
Added by Laws 1999, c. 153, § 1, eff. Jan. 1, 2000. Amended by Laws 2010, c. 222, § 41, eff. Nov. 1, 2010; Laws 2020, c. 75, § 1, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6060.10A. Health benefit plan.

A. 1. No health benefit plan shall deny coverage, refuse to issue or renew, cancel or otherwise terminate, restrict or exclude any person from any health benefit plan issued or renewed on or after November 1, 2010, on the basis of the applicant’s or insured’s status as a victim of domestic abuse as defined in Section 60.1 of Title 22 of the Oklahoma Statutes.
2. No health benefit plan shall deny a claim on the basis of the insured’s status as a victim of domestic violence.
3. Domestic abuse shall not be considered to be a preexisting condition.
B. As used in this section, “health benefit plan” means individual or group coverage, a not-for-profit hospital or medical service or indemnity plan, a prepaid health plan, a health maintenance organization plan, a preferred provider organization plan, the State and Education Employees Group Health Insurance Plan, any program funded under Title XIX of the Social Security Act or such other publicly funded program, and coverage provided by a Multiple Employer Welfare Arrangement (MEWA) or employee self-insured plan except as exempt under federal ERISA provisions.
C. In order to comply with the provisions of this section, the acts constituting the domestic abuse shall be reported to a law enforcement agency setting forth the relevant facts.
Added by Laws 2010, c. 385, § 1, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6060.11b. Reimbursement for benefits delivered through behavioral health integration and psychiatric collaborative care models.

A. For the purposes of this section:
1. “Behavioral health integration” means an approach to delivering mental health care that improves the ability for primary care providers to include mental and behavioral health screening, treatment, and specialty care into their practice pursuant to Current Procedural Terminology billing code 99484, as established by the American Medical Association;
2. “Health benefit plan” means a plan as defined pursuant to Section 6060.4 of Title 36 of the Oklahoma Statutes;
3. “Mental health and substance abuse disorder benefits” means benefits for the treatment of any condition or disorder that involves a mental health condition or substance abuse disorder, including, but not limited to, those that fall under any of the diagnostic categories listed in the mental disorders section of the most recent edition of the International Classification of Diseases or in the mental disorders section of the most recent version of the Diagnostic and Statistical Manual of Mental Disorders;
4. “Oklahoma Medicaid Program” means the state program administered by the Oklahoma Health Care Authority pursuant to Section 1002 of Title 56 of the Oklahoma Statutes; and
5. “Psychiatric collaborative care model” means the evidence-based, integrated behavioral health service delivery method described pursuant to 81 C.F.R. 80230. The model shall include, but not be limited to, the following Current Procedural Terminology billing codes, as established by the American Medical Association:
a.
99492,
b.
99493, and
c.
99494.
B. 1. Any health benefit plan that is offered, issued, or renewed in this state and that provides mental health or substance abuse disorder benefits shall provide reimbursement for such benefits that are delivered through the behavioral health integration and psychiatric collaborative care models.
2. The Oklahoma Medicaid Program shall provide reimbursement for such benefits that are delivered through the behavioral health integration and psychiatric collaborative care models.
3. Plans offered, issued, or renewed in this state that provide benefits under this subsection may deny reimbursement of any Current Procedural Terminology code pursuant to paragraph 3 of subsection A of this section due to medical necessity; provided, such medical necessity determinations shall be in compliance with the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, as amended, and its implementing and related regulations, and in accordance with the utilization review requirements pursuant to Section 6551 et seq. of Title 36 of the Oklahoma Statutes and the review and denial of mental health and substance abuse disorder treatments and services in Section 1250.5 et seq. of Title 36 of the Oklahoma Statutes.
Added by Laws 2023, c. 374, § 1, eff. Nov. 1, 2023.
NOTE: Editorially renumbered from § 6060.11a of this title to avoid a duplication in numbering.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6060.12. Exempted plans - Calculation of increase in premium cost.

1. A health benefit plan that, at the end of its base period, experiences a greater than two percent (2%) increase in premium costs pursuant to providing benefits for treatment of mental health and substance use disorders shall be exempt from the provisions of Section 6060.11 of this title.
2. To calculate base-period-premium costs, the health benefit plan shall subtract from premium costs incurred during the base period, both the premium costs incurred during the period immediately preceding the base period and any premium cost increases attributable to factors unrelated to benefits for treatment of mental health and substance use disorders.
3.
a.
To claim the exemption provided for in paragraph 1 of this section a health benefit plan shall provide to the Insurance Commissioner a written request signed by an actuary stating the reasons and actuarial assumptions upon which the request is based.
b.
The Commissioner shall verify the information provided and shall approve or disapprove the request within thirty (30) days of receipt.
c.
If, upon investigation, the Commissioner finds that any statement of fact in the request is found to be knowingly false, the health benefit plan may be subject to suspension or loss of license or any other penalty as determined by the Commissioner with regard to health maintenance organizations.
Added by Laws 1999, c. 153, § 3, eff. Jan. 1, 2000. Amended by Laws 2020, c. 75, § 3, eff. Nov. 1, 2020; Laws 2021, c. 478, § 29, emerg. eff. May 12, 2021.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6060.13. Incremental impact on premium costs - Analysis and report by Commissioner.

A. The Insurance Commissioner shall analyze any direct incremental impact on premium costs pursuant to the requirements of Section 6060.11 of this title. The Commissioner shall submit a report of all preliminary data and findings to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives by May 1, 2000, with subsequent updates submitted by November 1, 2000; May 1, 2001; November 1, 2001; May 1, 2002, and November 1, 2002.
B. 1. The Commissioner shall submit a final report to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives by December 1, 2002, which shall include, but not be limited to, the collection and analysis of data provided by health benefit plans including, but not limited to:
a.
a determination of the average premium increase directly attributable to providing benefits for treatment of mental health and substance use disorders pursuant to the provisions of Section 6060.11 of this title by health benefit plans in this state incurred during the first year of implementation of Section 6060.10 et seq. of this title, and any additional premium increases incurred during the second and third year of implementation,
b.
information on the number of claims filed and the total amount expended on those claims for benefits for treatment of mental health and substance use disorders,
c.
information on the utilization of services listed in subsection C of Section 6060.11 of this title, and
d.
actuarial assumptions used in determining premium costs for providing the required benefits.
2. The final report shall also include, to the extent possible, an analysis of any other direct or indirect benefit of requiring benefits for treatment of mental health and substance use disorders.
C. 1. All health benefit plans shall provide the data required by this subsection in such form and at such time as the Commissioner shall prescribe.
2. The Commissioner shall compile and report the data provided by the health benefit plans in such a way as to keep individual plan information confidential, unless the plan gives explicit permission to release such identifiable information.
D. If the report required by subsection A of this section shows that the cumulative average premium increase incurred during the first three (3) years of implementation of Section 6060.10 et seq. of this title that is directly attributable to the provision of benefits for treatment of mental health and substance use disorders is greater than six percent (6%), the requirements of Section 2 of this act shall terminate May 1, 2003, and any agreement, contract or policy issued after May 1, 2003, shall not be required to provide benefits for treatment of mental health and substance use disorders.
Added by Laws 1999, c. 153, § 4, eff. Jan. 1, 2000. Amended by Laws 2020, c. 75, § 4, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6060.16. Eligibility – Contributions - Exemptions.

A. The provisions of this act shall also apply to taxpayers who are not receiving preferred federal tax treatment for a health savings account pursuant to Section 223 of the Internal Revenue Code.
B. For taxable years beginning after 2005, a resident of Oklahoma or an employer shall be allowed to deposit contributions to a health savings account. The amount of deposit for each year shall not exceed the maximum contribution amount pursuant to Section 223 of the Internal Revenue Code.
C. Except as provided in Section 6060.18 of this title, the following are exempt from taxation under the Oklahoma Income Tax Act:
1. Principal contributed to and interest earned on a health savings account; and
2. Money reimbursed to an eligible individual or an employee for qualified medical expenses.
Added by Laws 2005, c. 306, § 3, eff. Nov. 1, 2005. Amended by Laws 2007, c. 269, § 2, emerg. eff. June 4, 2007.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6060.17. Allowable expenditures.

The trustee or custodian shall utilize the funds held in a health savings account solely for the following purposes:
1. To pay the qualified medical expenses of the eligible individual or their dependents; or
2. To purchase a health coverage policy certificate, or contract, if the eligible individual:
a.
is receiving unemployment compensation,
b.
is exercising continuation privileges under federal law, or
c.
is purchasing a long-term care insurance contract; or
3. To pay for health insurance other than a Medicare supplemental policy for those who are Medicare eligible.
Added by Laws 2005, c. 306, § 4, eff. Nov. 1, 2005. Amended by Laws 2007, c. 269, § 3, emerg. eff. June 4, 2007.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6060.18. Withdrawals – Taxation – Transfer of interest.

A. Notwithstanding paragraphs C, D, E, and F of this section, an eligible individual may withdraw money from their health savings account for any purpose other than a purpose described in Section 6060.17 of this title.
B. If the eligible individual withdraws money for any purpose other than a purpose described in Section 6060.17 of this title, at any other time, all of the following shall apply:
1. The amount of the withdrawal is income for the purposes of the Oklahoma Income Tax Act in the tax year of the withdrawal; and
2. The tax imposed on the withdrawal which is includable in income shall be increased by ten percent (10%) of the amount which is so includable.
C. The amount of disbursement of any assets of a health savings account pursuant to a filing for protection under Section 101 of Title 11 of the United States Code by an eligible individual or person for whose benefit the account was established is not considered a withdrawal for purposes of this section. The amount of a disbursement is not subject to taxation under the Oklahoma Income Tax Act and subsection B of this section does not apply.
D. The transfer of an eligible individual's interest in a health savings account to an eligible individual's spouse or former spouse under a divorce or separation instrument shall not be considered a taxable transfer made by such eligible individual, notwithstanding any other provision of this title, and the interest shall, after the transfer, be treated as a health savings account with respect to which the spouse is the eligible individual.
E. Upon the death of the eligible individual, the trustee or custodian shall distribute the principal and accumulated interest of the health savings account to the estate of the deceased.
F. If an employee becomes employed with a different employer that participates in a health savings account program, the employee may transfer their health savings account to that new employer's trustee or custodian, or to an individually purchased account program.
Added by Laws 2005, c. 306, § 5, eff. Nov. 1, 2005. Amended by Laws 2007, c. 269, § 4, emerg. eff. June 4, 2007.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6060.20. Equal health coverage for autistic minors.

A. All individual and group health insurance policies that provide medical and surgical benefits shall provide the same coverage and benefits to any individual under the age of eighteen (18) years who has been diagnosed with an autistic disorder as it would provide coverage and benefits to an individual under the age of eighteen (18) years who has not been diagnosed with an autistic disorder.
B. As used in this section, "autistic disorder" means a neurological disorder that is marked by severe impairment in social interaction, communication, and imaginative play, with onset during the first three (3) years of life and is included in a group of disorders known as autism spectrum disorders.
Added by Laws 2010, c. 166, § 2, eff. Nov. 1, 2010. Amended by Laws 2016, c. 230, § 3, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6060.22. Exemption for health benefit plans from autism spectrum disorder coverage.

A. 1. A health benefit plan that, at the end of its base period, experiences a greater than one percent (1%) increase in premium costs pursuant to providing applied behavior analysis for treatment of autism spectrum disorders shall be exempt from the provisions of this act.
2. To calculate base-period-premium costs, the health benefit plan shall subtract from premium costs incurred during the base period, both the premium costs incurred during the period immediately preceding the base period and any premium cost increases attributable to factors unrelated to benefits for treatment of autism spectrum disorders.
3.
a.
To claim the exemption provided for in subsection A of this section a health benefit plan shall provide to the Insurance Commissioner a written request signed by an actuary stating the reasons and actuarial assumptions upon which the request is based.
b.
The Commissioner shall verify the information provided and shall approve or disapprove the request within thirty (30) days of receipt.
c.
If, upon investigation, the Commissioner finds that any statement of fact in the request is found to be knowingly false, the health benefit plan may be subject to suspension or loss of license or any other penalty as determined by the Commissioner, or the State Commissioner of Health with regard to health maintenance organizations.
Added by Laws 2016, c. 230, § 4, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6060.30. Living organ donor protection.

No insurer in this state shall refuse to insure, or refuse to continue to insure, or limit the amount, extent or kind of coverage available for life insurance, disability insurance or long-term care insurance to an individual, or charge an individual a different rate for the same coverage solely because of his or her status as a living organ donor. With respect to all other conditions, persons who are living organ donors shall be subject to the same standards of sound actuarial principles or actual or reasonably anticipated experience as are persons who are not organ donors.
Added by Laws 2019, c. 33, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6060.41. Definitions.

As used in the Oklahoma Right to Shop Act:
1. "Allowed amount" means the contractually agreed-upon amount paid by a carrier to a health care entity participating in the network of the carrier;
2. "Comparable health care service" means any covered nonemergency health care service or bundle of services. The Insurance Commissioner may limit what is considered a comparable health care service if an insurance carrier can demonstrate allowed amount variation among network providers is less than Fifty Dollars ($50.00);
3. "Health benefit plan" means any plan as defined in subsection C of Section 6060.4 of Title 36 of the Oklahoma Statutes;
4. "Insurance carrier" or "carrier" means an insurance company that issues policies of accident and health insurance and is licensed to sell insurance in this state;
5. "Shared savings incentive" means a voluntary and optional financial incentive that an insurance carrier may provide to an enrollee for choosing certain health care services under a shared savings incentive program; and
6. "Shared savings incentive program" means a voluntary and optional incentive program established by an insurance carrier pursuant to this act.
Added by Laws 2022, c. 151, § 2.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6060.44. Cost-effectiveness analysis.

The Office of Management and Enterprise Services shall conduct an analysis no later than November 1, 2022, of the cost-effectiveness of implementing a shared savings incentive program, as defined in paragraph 6 of Section 2 of this act, for current enrollees of the Oklahoma Employees Insurance Plan created pursuant to the Oklahoma State Employees Benefit Act. If a program is found to be cost-effective, it shall be implemented as part of the next open enrollment. The Office shall communicate the rationale for its decision to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the chairs of the relevant legislative committees in writing.
Added by Laws 2022, c. 151, § 5.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6062. Application of insurance laws.

Except for Sections 4003, 4008, 4009, 4010, 4011, 4017, 4021, 4022, 4029, subsection 1 of 4103, 4106 and 4109, and except as otherwise provided in this act, all pertinent provisions of the insurance laws of this state shall apply to separate accounts and contracts relating thereto, provided, that such individual contracts delivered in this state shall contain grace, reinstatement and nonforfeiture provisions appropriate to such contracts. Any group variable life insurance contract delivered in this state shall contain a grace provision appropriate to such contract.
Laws 1967, c. 287, § 2, emerg. eff. May 8, 1967; Laws 1969, c. 94, § 2, emerg. eff. March 27, 1969; Laws 1973, c. 194, § 2, emerg. eff. May 16, 1973.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6071. Payment of commissions to officers or directors of life insurance companies - Restrictions.

No life insurance company transacting business in this State shall pay, or contract to pay, directly or indirectly, to its president, vice president, secretary, treasurer, actuary, medical director or other physician charged with the duty of examining risks or applications for insurance or to any officer of the company other than a designated agency officer directly responsible for the production and maintenance of premium income, agent or solicitor, any commission or other compensation contingent upon the writing or procuring of any policy of insurance in such company, or procuring an application therefor by any person whomsoever, or contingent upon the payment of any renewal premium, or upon the assumption of any life insurance risk by such company. This section shall not prevent the payment or receipt of renewal or other deferred commissions to or by any person solely because such person has ceased to hold a license to act as an agent. Should any company violate any provision of this article, it shall be the duty of the Insurance Commissioner to revoke its certificate of authority to transact business in this State.
Laws 1967, c. 326, § 1, emerg. eff. May 16, 1967.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6091. Settlement of claims as no admission of liability.

No settlement made under a motor vehicle liability insurance policy of a claim against any insured thereunder arising from any accident or other event insured against shall be construed as an admission of liability by the insured, or the insurer's recognition of such liability, with respect to any other claim arising from the same accident or event and no testimony with respect to such settlement shall be admissible in evidence with respect to any other such claim.
Laws 1968, c. 220, § 1, emerg. eff. April 23, 1968.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6092. Limitations on subrogation and set-off under medical coverage.

No provision in an automobile liability policy or endorsement for such coverage effective in this state issued by an insurer on and after the effective date of this act which grants the insurer the right of subrogation for payment of benefits under the expenses for the medical services coverage portion of the policy, to a named insured under the policy, or to any relative of the named insured who is a member of the named insured's household shall be valid and enforceable; provided, that such policy or endorsement may provide for said insurer's rights of subrogation and set-off upon such payments to any person who is not a named insured under the policy or a relative of the named insured who is a member of the named insured's household.
Added by Laws 1971, c. 127, § 1, emerg. eff. May 5, 1971.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6101. Joinder of companies to issue supplemental coverage - Approval - Rules and regulations.

Individual insurance companies transacting business in Oklahoma and engaged in the sale and issuance of accident and health or hospitalization insurance may, and are hereby authorized to form an association for the apportionment among such companies of applicants for policies of insurance granting coverage supplemental in nature to the benefits granted by Medicare. Any such proposed plan of association shall be subject to the approval of the Insurance Commissioner, and all forms of policies, endorsements, and other forms shall be approved by the Insurance Commissioner prior to use or issuance in Oklahoma. The Insurance Commissioner may promulgate such reasonable rules and regulations as may be necessary or proper to carry out the provision of this act.
Laws 1969, c. 81, § 1, emerg. eff. March 18, 1969.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6103.1. Purpose of act.

A. The purpose of Sections 11 through 21 of this act is to subject certain persons and insurers to the jurisdiction of:
1. The Insurance Commissioner, including proceedings before the Commissioner; and
2. The courts of this state in suits by or on behalf of this state and insureds or beneficiaries under insurance contracts.
B. The Legislature declares that it is a subject of concern that many residents of this state hold policies of insurance issued by persons and insurers not authorized to do insurance business in this state, thus presenting to such residents the often insuperable obstacle of asserting their legal rights under such policies in forums foreign to them under laws and rules of practice with which they are not familiar. The Legislature declares that it is also concerned with the protection of residents of this state against acts by persons and insurers not authorized to do an insurance business in this state by:
1. The maintenance of fair and honest insurance markets;
2. Protecting the premium tax revenues of this state;
3. Protecting authorized persons and insurers which are subject to strict regulation from unfair competition by unauthorized persons and insurers; and
4. Protecting against the evasion of the insurance regulatory laws of this state.
Added by Laws 1994, c. 294, § 11, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6103.4. Hearing.

A. 1. If the Insurance Commissioner has reason to believe or it appears that a person or insurer has violated or is threatening to violate the provisions of Sections 6103.1 through 6103.11 of this title or a rule promulgated pursuant thereto, or that a person or insurer acting in violation of Sections 6103.1 through 6103.11 of this title has engaged in or is threatening to engage in an unfair method of competition or an unfair or deceptive act or practice as defined in Section 1201 et seq. of this title or a rule promulgated pursuant thereto, the Commissioner may set a hearing and shall serve on that person or insurer allegations of fact and a notice of hearing, in conformance with the Administrative Procedures Act and the Oklahoma Insurance Code, and the applicable rules thereof.
2. The hearing must be held not earlier than the 5th day or later than the 30th day after the date of service of the statement and notice unless the parties, with prior written approval of the Commissioner, mutually agree to some other arrangements. Process may be served by registered mail, return receipt requested, to the person's last-known address.
3. The hearing shall be conducted in the manner provided for contested cases under the Administrative Procedures Act and the Oklahoma Insurance Code, and the applicable rules thereof.
B. 1. After the hearing, the Commissioner may issue an order against the person or insurer charged with a violation requiring that the person or insurer immediately cease and desist from the violation.
2. A person aggrieved by a final order or decision of the Insurance Commissioner pursuant to Sections 6103.1 through 6103.11 of this title may seek judicial review pursuant to Section 318 of Title 75 of the Oklahoma Statutes.
C. The Insurance Commissioner may promulgate reasonable rules necessary to carry out this section.
D. The Insurance Commissioner may proceed under Sections 6103.1 through 6103.11 of this title or under any other applicable law without regard to prior proceedings.
Added by Laws 1994, c. 294, § 14, eff. Sept. 1, 1994. Amended by Laws 1997, c. 418, § 105, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6103.5. Emergency cease and desist orders - Grounds for issuance.

The Insurance Commissioner may issue a cease and desist order, ex parte, if:
1. The Commissioner believes:
a.
an unauthorized person is engaging in the business of insurance in violation of Section 6103.2 of this title or in violation of a rule promulgated pursuant to Sections 6103.1 through 6103.11 of this title, or
b.
an unauthorized person engaged in the business of insurance acting in violation of Section 6103.3 of this title is committing an unfair method of competition or an unfair or deceptive act or practice in violation of Section 1201 et seq. of this title or in violation of any rule promulgated pursuant thereto, or
c.
an unauthorized person or individual is engaging in the business of bail bonds in violation of Section 6103.2 of this title or in violation of a rule promulgated pursuant to Sections 6103.1 through 6103.11 of this title; or
2. It appears to the Commissioner that the alleged conduct is fraudulent or hazardous or creates an immediate danger to the public safety or is causing or can be reasonably expected to cause significant, imminent and irreparable public injury.
Added by Laws 1994, c. 294, § 15, eff. Sept. 1, 1994. Amended by Laws 1997, c. 418, § 106, eff. Nov. 1, 1997; Laws 2009, c. 176, § 39, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6103.6. Emergency cease and desist orders - Service - Hearing.

A. On issuance of an emergency cease and desist order under Section 6103.5 of this title, the Insurance Commissioner shall serve on the person affected by the order, by registered or certified mail, return receipt requested, to the person's last-known address, or by other lawful means, an order that contains a statement of the charges and require the person immediately to cease and desist from the acts, methods or practices stated.
B. 1. If a person affected by an emergency cease and desist order seeks to contest that order, the person may request a hearing before the Commissioner. The person affected must request the hearing not later than the 30th day after the date on which the person receives the order. A request to contest an order must be in writing and directed to the Commissioner and must state the grounds for the request to set aside or modify the order.
2. On receiving the request for a hearing, the Commissioner shall serve notice of the time and place of the hearing at which the person requesting the hearing shall have the opportunity to show cause why the order should not be affirmed. The hearing is to be held not later than the 10th day after the date the Commissioner receives the request for a hearing unless the parties mutually agree to a later hearing date.
3. Pending the hearing, an emergency cease and desist order continues in full force and effect unless the order is stayed by the Commissioner.
4. The hearing on the order shall be conducted according to the procedures for contested cases under the Administrative Procedures Act.
5. At the hearing, the Commissioner shall affirm, modify or set aside in whole or in part the emergency cease and desist order.
C. A person aggrieved by a final order and decision of the Commissioner pursuant to Sections 6103.1 through 6103.11 of this title may seek judicial review pursuant to Section 318 of Title 75 of the Oklahoma Statutes.
D. The Commissioner may recover reasonable attorney's fees if judicial action is necessary for enforcement of the order.
E. A cease and desist order is final thirty-one (31) days after the date it is received if the person affected by the order does not request a hearing as provided by subsection B of this section.
Added by Laws 1994, c. 294, § 16, eff. Sept. 1, 1994. Amended by Laws 1997, c. 418, § 107, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6103.7. Cease and desist orders - Enforcement.

A. 1. If the Insurance Commissioner reasonably believes that a person has violated a cease and desist order issued under Sections 6103.1 through 6103.11 of this title, the Commissioner may:
a.
initiate individual proceedings under this section pursuant to the Administrative Procedures Act,
b.
initiate proceedings to revoke the certificate of authority of the person affected by a ruling or action issued under Sections 6103.1 through 6103.11 of this title, or
c.
pursue any other action the Commissioner deems appropriate under applicable law.
2. In determining whether a cease and desist order has been violated, the Commissioner shall consider the maintenance of procedures reasonably adopted to ensure compliance with the order. The hearing shall be conducted according to the procedure for contested cases under the Administrative Procedures Act.
B. After a hearing, if the Commissioner determines that a cease and desist order has been violated, the Commissioner may:
1. Impose a civil penalty of Twenty-five Thousand Dollars ($25,000.00) for each act of violation;
2. Direct the person against whom the order was issued to make complete restitution, in the form and amount and within the period determined by the Commissioner, to all Oklahoma residents, Oklahoma insureds, and entities operating in Oklahoma damaged by the violation or failure to comply; or
3. Both impose the penalty and direct restitution.
C. A person aggrieved by a final order or decision of the Commissioner pursuant to Sections 6103.1 through 6103.11 of this title may seek judicial review pursuant to Section 318 of Title 75 of the Oklahoma Statutes. The Commissioner may recover reasonable attorney's fees if judicial action is necessary to enforce an order.
Added by Laws 1994, c. 294, § 17, eff. Sept. 1, 1994. Amended by Laws 1997, c. 418, § 108, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6103.8. Failure to pay penalty.

If a person fails to pay a penalty assessed under the provisions of Sections 6103.1 through 6103.11 of this title, the Insurance Commissioner may:
1. Institute in the district court of Oklahoma County a civil suit to recover the civil penalty; or
2. Pursuant to the Administrative Procedures Act, cancel or revoke any permit, license, certificate of authority, certificate of registration or other authorization issued pursuant to the Oklahoma Insurance Code.
Added by Laws 1994, c. 294, § 18, eff. Sept. 1, 1994. Amended by Laws 1997, c. 418, § 109, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6103.9. Service of process.

A. 1. Service of process on a person as defined in Section 6103.3 of this title in a civil suit for injunctive relief under Section 6103.3 of this title or to recover a civil penalty under Section 6103.7 of this title shall be made by serving the Secretary of State as agent of the person.
2. Service of process shall be made pursuant to Section 2004 of Title 12 of the Oklahoma Statutes. The Insurance Commissioner shall not pay a fee. Persons served under the provisions of Sections 6103.1 through 6103.11 of this title shall not be considered foreign insurance companies.
B. Nothing contained in this section shall limit or abridge the right to serve any process upon any person in any other manner now or hereafter permitted by law.
Added by Laws 1994, c. 294, § 19, eff. Sept. 1, 1994. Amended by Laws 1997, c. 418, § 110, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6103.10. Rulemaking.

The Insurance Commissioner may promulgate reasonable rules necessary to carry out the provisions of Sections 6103.1 through 6103.11 of this title.
Added by Laws 1994, c. 294, § 20, eff. Sept. 1, 1994. Amended by Laws 1997, c. 418, § 111, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6103.11. Discretion to proceed under certain provisions.

The Insurance Commissioner may proceed solely under the provisions of Sections 6103.1 through 6103.11 of this title or under said provisions in conjunction with other applicable law.
Added by Laws 1994, c. 294, § 21, eff. Sept. 1, 1994. Amended by Laws 1997, c. 418, § 112, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6121. Permits required – Approval and denial of permit.

A. Any individual, firm, partnership, corporation, or association (hereinafter called "organization") which shall accept money or anything of value for prearranged, or prepaid funeral services, or funeral service merchandise as defined in the Funeral Services Licensing Act or for any contract providing future funeral services or funeral merchandise at a fixed price or at a cost plus a percentage, or at retail price less a percentage discount, or providing for any special consideration of any kind to be granted or made available to the purchaser or holder of such contract, in this state, under any sales contract, bond, certificate or other form of written document providing for prepaid, discounted or otherwise specially priced funeral or burial benefits or services or funeral merchandise to be delivered at an undetermined future date dependent upon the death of a contracting party or other person designated by a contracting party (hereinafter called "prepaid funeral benefits") shall first obtain a permit from the Insurance Commissioner authorizing the transaction of this type of business before entering into any such contract. It shall be unlawful to sell prepaid funeral benefits unless the seller holds a valid, current permit at the time the contract is made.
B. The Insurance Commissioner may deny the issuance of a permit if the organization:
1. Makes a material misstatement or misrepresentation in an application for a permit;
2. Fraudulently or deceptively obtains or attempts to obtain a permit for another; or
3. If any of its officers, owners, partners, or directors are determined by the Commissioner to not be competent, trustworthy, financially responsible, and of good personal and business reputation and character.
C. The Insurance Commissioner may approve an application of an organization for a permit and deny the request of the organization to act as a trustor if the organization does not satisfy all qualifications. This shall not hinder an organization from entering into contracts funded by assignments of insurance.
D. All permits issued pursuant to the provisions of this section shall be displayed in a conspicuous place at all times on the premises of the organization. No organization may consent to, or allow the use or display of, the permit by a person other than the persons authorized to represent the organization in contracting prepaid funeral benefits.
E. The organization shall not be entitled to enforce a contract made in violation of the act, but the purchaser or the heirs of the purchaser, or legal representative, shall be entitled to recover triple the amounts paid to the organization with interest thereon at the rate of six percent (6%) per annum under any contract made in violation hereof.
Added by Laws 1970, c. 332, § 1. Amended by Laws 1988, c. 118, § 1, eff. Nov. 1, 1988; Laws 1989, c. 297, § 33, eff. Nov. 1, 1989; Laws 1993, c. 267, § 1, eff. Sept. 1, 1993; Laws 2009, c. 294, § 1, eff. Nov. 1, 2009; Laws 2016, c. 73, § 8, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6122. Exemptions.

Nothing in Sections 6121 through 6135 of this title shall apply to religious or benevolent organizations, operating in this state as a burial association; or to the sale of lands or interests therein as grave lots, or grave spaces; burial or interment rights; delivered or installed crypts, niches or outer enclosures; or to cemetery merchandise sold pursuant to the provisions of the Cemetery Merchandise Trust Act.
Laws 1970, c. 332, § 2.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6123. Administration of act - Contracts.

Sections 6121 through 6136.18 of this title shall be administered by the Insurance Commissioner. The Insurance Commissioner is authorized to prescribe reasonable rules and regulations concerning keeping and inspection of records, the filing of contracts and reports, and all other matters incidental to the orderly administration of this law; and the Insurance Commissioner shall first approve all forms for sale contracts for prepaid funeral benefits. All contracts for prepaid funeral benefits shall be in writing and no contract form shall be used without first being approved by the Insurance Commissioner. On any prepaid funeral when the person dies and the funeral is performed, and the money is drawn down, any organization receiving the monies so drawn down shall retain the itemized statement of charges in the files of the organization for at least six (6) years.
Added by Laws 1970, c. 332, § 3. Amended by Laws 1988, c. 118, § 2, eff. Nov. 1, 1988; Laws 2009, c. 294, § 2, eff. Nov. 1, 2009; Laws 2013, c. 269, § 11, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6124. Acceptance of money for prepaid funeral benefits - Permit - Application.

A. Each organization desiring to accept money or anything of value for prepaid funeral benefits or an agreement to provide funeral benefits in the future at a fixed or predetermined cost, shall file an application for a permit with the Insurance Commissioner, and shall at the time of filing an application pay one initial filing fee of Fifty Dollars ($50.00). The Insurance Commissioner shall issue a permit upon:
1. The receipt of the application and payment of the filing fee;
2. Determination that the organization is in good standing as a funeral establishment with the Oklahoma Funeral Board; and
3. Making a finding that the organization has complied with the rules promulgated under this act by the Insurance Commissioner. All applications shall be signed by the organization requesting the permit, and shall contain a statement that the organization will comply with all the requirements as established by this act. All permits shall expire on December 31 of the year the permit is first issued, unless renewed; permits may be renewed for a period not to exceed the succeeding December 31 upon the payment of a renewal fee of Fifty Dollars ($50.00). Late application for renewal of a permit shall require a fee of double the renewal fee. No application for renewal of a permit shall be accepted after January 31 of each year. The Insurance Commissioner may authorize acceptance of a new permit application pursuant to this section prior to the expiration of the one-year period upon good cause shown.
B. The Insurance Commissioner may cancel a permit or refuse to issue a permit or refuse to issue a renewal of a permit for failure to comply with any provision of this act, or any valid rule, which the Insurance Commissioner has promulgated, after reasonable notice to the organization and after hearing if the organization requests a hearing. When the Insurance Commissioner cancels a permit or refuses to issue a renewal of a permit for a violation as provided by this subsection, the Insurance Commissioner shall notify the Oklahoma Funeral Board of the action and the nature of any violations.
C. No organization shall be entitled to a new permit for a period of one (1) year after cancellation or refusal by the Insurance Commissioner to issue or renew the permit of the organization, but shall thereafter be entitled to a new permit upon satisfactory proof of compliance with this law after the expiration of the one-year period.
D. Any person or organization aggrieved by the actions of the Insurance Commissioner may appeal therefrom as provided by Article II of the Administrative Procedures Act.
Added by Laws 1970, c. 332, § 4. Amended by Laws 1984, c. 56, § 1, eff. July 1, 1984; Laws 1985, c. 328, § 22, emerg. eff. July 29, 1985; Laws 1988, c. 118, § 3, eff. Nov. 1, 1988; Laws 1993, c. 267, § 2, eff. Sept. 1, 1993; Laws 2003, c. 57, § 29, emerg. eff. April 10, 2003; Laws 2009, c. 294, § 3, eff. Nov. 1, 2009; Laws 2016, c. 73, § 9, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6124.2. Application for change of name of a prepaid funeral benefit permit holder.

A. No prepaid funeral benefit permit holder shall change the name under which the permit holder operates except as provided in this section. The prepaid funeral benefit permit holder shall obtain approval from the Insurance Commissioner at least thirty (30) days prior to changing the name of the permit holder. The application for change of name of a prepaid funeral benefit permit holder shall be in a form provided by the Insurance Commissioner and shall contain, at a minimum, the following information:
1. The name of the permit holder;
2. The proposed new name of the permit holder; and
3. The date the name change will become effective.
B. The Insurance Commissioner may waive the approval requirement provided for in subsection A of this section upon good cause shown.
C. The Insurance Commissioner may deny the change of name of the prepaid funeral benefit permit holder upon good cause shown.
D. Upon approval of a change of name, the Insurance Commissioner shall issue a prepaid funeral benefit permit with the new name. The prepaid funeral benefit permit holder shall display in a conspicuous place at all times on the premises of the organization all permits issued pursuant to the provisions of this section. No organization may consent to or allow the use or display of the permit by a person other than the persons authorized to represent the organization in contracting prepaid funeral benefits.
E. The Insurance Commissioner may prescribe rules concerning matters incidental to this section.
Added by Laws 2021, c. 478, § 30, emerg. eff. May 12, 2021.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6125.1. Maximum amount of principal an organization may receive pursuant to insurance contract.

A. The maximum amount of principal which an organization may legally receive from any one individual pursuant to a contract establishing a fund for prepaid funeral benefits pursuant to paragraph 2 of subsection B of Section 6125 of this title shall be Twenty Thousand Dollars ($20,000.00).
B. The maximum allowable amount of principal for subsequent years shall be increased annually by a percentage equal to the previous year’s increase in the national Consumer Price Index (CPI). The Insurance Commissioner shall determine the amount of the increase, if any, on April 1 of each year.
Added by Laws 1988, c. 118, § 7, eff. Nov. 1, 1988. Amended by Laws 2000, c. 113, § 1, eff. July 1, 2000 and by Laws 2000, c. 353, § 44, eff. Nov. 1, 2000; Laws 2010, c. 354, § 1, eff. Nov. 1, 2010.
NOTE: Laws 2000, c. 113, § 1 and Laws 2000, c. 353, § 44 contain duplicate amendments.