reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-71 - Market Conduct Surveillance Act › Section 27-71-12. - Data collection and participation in national market conduct databases.

§ 27-71-12. Data collection and participation in national market conduct databases.
(a)
The commissioner shall collect and report market data to the NAIC’s market information systems, including the complaint database system, the examination tracking system, and the regulatory information retrieval system, or other comparable successor NAIC products as determined by the commissioner. In addition to complaint data, the accuracy of insurer-specific information reported to the NAIC to be used for market analysis purposes or as the basis for market conduct actions shall be reviewed by appropriate personnel in the department of business regulation and by the insurer.
(b)
Information collected and maintained by the department of business regulation shall be compiled in a manner that meets the requirements of the NAIC.
(c)
After completion of any level of market analysis, prior to further market conduct action, the state shall contact the insurer to review the analysis.
(d)(1)
A company responding to a commissioner’s request to produce information shall produce it as it is kept in the usual course of business or shall organize and label it to correspond with the categories in the demand.
(2)
If a commissioner’s request does not specify the form or forms for producing electronically stored information, a company responding to the request must produce the information in a form or forms in which the company ordinarily maintains it or in a form or forms that are reasonably usable.
(3)
A company responding to an information request need not produce the same electronically stored information in more than one form.
(e)
Whether through market analysis, market conduct action, or in response to another regulatory request, any information provided in response to a data call from the commissioner shall be treated as confidential and privileged. It shall not be subject to subpoena and shall not be subject to discovery or admissible in evidence in any private civil action. No waiver of privilege or confidentiality shall occur as a result of responding to such data call.
History of Section.
P.L. 2008, ch. 72, § 1; P.L. 2008, ch. 233, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-71 - Market Conduct Surveillance Act › Section 27-71-13. - Coordination with other states through the NAIC.

§ 27-71-13. Coordination with other states through the NAIC.
The commissioner shall share information and coordinate the department of business regulation’s market analysis and examination efforts with other states through the NAIC.
History of Section.
P.L. 2008, ch. 72, § 1; P.L. 2008, ch. 233, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-71 - Market Conduct Surveillance Act › Section 27-71-14. - Additional duties of the commissioner.

§ 27-71-14. Additional duties of the commissioner.
(a)
At least once per year, or more frequently if deemed necessary, the commissioner shall make available in an appropriate manner to insurers and other entities subject to the scope of this chapter information on new laws and regulations, and other information the commissioner deems pertinent to ensure compliance with market conduct requirements. The failure of the commissioner to provide information shall not be a defense for an insurer that fails to comply with any insurance laws of this state.
(b)
Insurers who or that wish to receive the information indicated in subsection (a) above shall provide to the commissioner, in a form specified by the commissioner, contact information. The insurer is responsible for keeping that contact information up-to-date and informing the commissioner of any changes.
(c)
The commissioner shall designate a specific person or persons whose responsibilities shall include the receipt of information from employees of insurers and licensed entities concerning violations of laws, rules, or regulations by employers, as defined in this section. Such person or persons shall be provided with proper training on the handling of such information, which shall be deemed a confidential communication for the purposes of this section.
(d)
For any change made by the commissioner to procedures, guidelines, handbooks, or other work products of the NAIC referenced in this chapter, which materially changes the way in which market analysis, market conduct actions, or market conduct examinations are conducted, the commissioner shall give notice and provide parties with an opportunity for a public hearing pursuant to the Administrative Procedures Act, chapter 35 of title 42.
History of Section.
P.L. 2008, ch. 72, § 1; P.L. 2008, ch. 233, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-71 - Market Conduct Surveillance Act › Section 27-71-15. - Cost of market analysis and examination.

§ 27-71-15. Cost of market analysis and examination.
(a)
The total cost of market analysis and examinations performed pursuant to this chapter shall be borne by the companies analyzed and/or examined, including the total cost of all persons contracted by the commissioner pursuant to this chapter to supplement in-house staff, in accordance with the provisions of § 27-13.1-7(a)(1) or in § 27-13.1-4(d) as applicable.
(b)
The commissioner shall maintain active management and oversight of examination costs and fees, including costs and fees associated with the use of department personnel and examiners and with retaining qualified contract examiners necessary to perform an examination. To the extent the commissioner retains outside assistance, the commissioner must have in writing protocols that:
(1)
Clearly identify the types of functions to be subject to outsourcing;
(2)
Provide specific timelines for completion of the outsourced review;
(3)
Require disclosure of contract examiners’ recommendations;
(4)
Establish and utilize a dispute resolution or arbitration mechanism to resolve conflicts with insurers regarding examination costs and fees; and
(5)
Require disclosure of the terms of the contracts with the outside consultants that will be used specifically the costs and fees and/or hourly rates that can be charged.
(c)
The commissioner shall review and affirmatively endorse detailed billings from the qualified contract examiner before summary billings are sent to the insurer.
(d)
The commissioner may contract for such qualified contract examiners as the commissioner deems necessary, provided that the compensation and per diem allowances paid to such contract persons shall not exceed one hundred twenty-five percent (125%) of the compensation and per diem allowances for examiners set forth in the guidelines adopted by the NAIC, unless the commissioner demonstrates that one hundred twenty-five percent (125%) is inadequate under the circumstances of the examination. The commissioner may make an exception to this requirement for compensation paid to contracted persons with unique expertise, however, such compensation shall be reasonable and based on market conditions.
History of Section.
P.L. 2008, ch. 72, § 1; P.L. 2008, ch. 233, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-72 - Life Settlements Act › Section 27-72-1. - Title.

§ 27-72-1. Title.
This chapter may be cited and shall be known as the “Life Settlements Act.”
History of Section.
P.L. 2009, ch. 195, § 1; P.L. 2009, ch. 262, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-72 - Life Settlements Act › Section 27-72-4. - License suspension, revocation or refusal to renew.

§ 27-72-4. License suspension, revocation or refusal to renew.
(a)
The commissioner may suspend, revoke, or refuse to renew the license of any licensee if the commissioner finds that:
(1)
There was any material misrepresentation in the application for the license;
(2)
The licensee or any officer, partner, member, or director has been guilty of fraudulent or dishonest practices, is subject to a final administrative action, or is otherwise shown to be untrustworthy or incompetent to act as a licensee;
(3)
The provider demonstrates a pattern of unreasonably withholding payments to policy owners;
(4)
The licensee no longer meets the requirements for initial licensure;
(5)
The licensee or any officer, partner, member, or director has been convicted of a felony, or of any misdemeanor of which criminal fraud is an element; or the licensee has pleaded guilty or nolo contendere with respect to any felony or any misdemeanor of which criminal fraud is an element, regardless whether a judgment of conviction has been entered by the court;
(6)
The provider has entered into any life settlement contract using a form that has not been approved pursuant to this chapter;
(7)
The provider has failed to honor contractual obligations set out in a life settlement contract;
(8)
The provider has assigned, transferred, or pledged a settled policy to a person other than a provider licensed in this state, a purchaser, an accredited investor or qualified institutional buyer as defined respectively in Regulation D, Rule 501, 17 C.F.R. § 230.501, or Rule 144A of the Federal Securities Act of 1933, as amended, 17 C.F.R. § 230.144A, financing entity, special purpose entity, or related provider trust; or
(9)
The licensee or any officer, partner, member, or key management personnel has violated any of the provisions of this chapter.
(b)
Before the commissioner denies a license application or suspends, revokes, or refuses to renew the license of any licensee under this chapter, the commissioner shall conduct a hearing in accordance with this state’s laws governing administrative hearings.
History of Section.
P.L. 2009, ch. 195, § 1; P.L. 2009, ch. 262, § 1; P.L. 2021, ch. 400, § 24, effective July 13, 2021; P.L. 2021, ch. 401, § 24, effective July 13, 2021; P.L. 2023, ch. 395, art. 1, § 24, effective December 31, 2023.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-72 - Life Settlements Act › Section 27-72-5. - Contract requirements.

§ 27-72-5. Contract requirements.
(a)
No person may use any form of life settlement contract in this state unless it has been filed with and approved, if required, by the commissioner in a manner that conforms with the filing procedures and any time restrictions or deeming provisions, if any, for life insurance forms, policies, and contracts. The commissioner is authorized to contract with outside consultants to review life settlement forms and the total cost of that review shall be borne by, billed directly to, and paid by the provider filing the form(s).
(b)
No insurer may, as a condition of responding to a request for verification of coverage or in connection with the transfer of a policy pursuant to a life settlement contract, require that the owner, insured, provider, or broker sign any form, disclosure, consent, waiver, or acknowledgment that has not been expressly approved by the commissioner for use in connection with life settlement contracts in this state.
(c)
A person shall not use a life settlement contract form or provide to an owner a disclosure statement form in this state unless first filed with and approved by the commissioner. The commissioner shall disapprove a life settlement contract form or disclosure statement form if, in the commissioner’s opinion, the contract or provisions contained therein fail to meet the requirements of this chapter or are unreasonable, contrary to the interests of the public, or otherwise misleading or unfair to the owner. At the commissioner’s discretion, the commissioner may require the submission of advertising material. The commissioner is authorized to contract with outside consultants to review life settlement forms and/or advertising and the total cost of that review shall be borne by, billed directly to, and paid by the provider filing the form(s).
History of Section.
P.L. 2009, ch. 195, § 1; P.L. 2009, ch. 262, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-72 - Life Settlements Act › Section 27-72-8. - Advertising.

§ 27-72-8. Advertising.
(a)
A broker or provider licensed pursuant to this chapter may conduct or participate in advertisements within this state. Such advertisements shall comply with all Rhode Island advertising and marketing laws or rules and regulations promulgated by the commissioner that are applicable to life insurers or to brokers, and providers licensed pursuant to this chapter.
(b)
Advertisements shall be accurate, truthful, and not misleading in fact or by implication.
(c)
No person or trust shall:
(1)
Directly or indirectly, market, advertise, solicit, or otherwise promote the purchase of a policy for the sole purpose of or with an emphasis on settling the policy; or
(2)
Use the words “free,” “no cost” or words of similar import in the marketing, advertising, soliciting, or otherwise promoting of the purchase of a policy.
(d)
The commissioner is authorized to contract with outside consultants to review advertisements and the total cost of that review shall be borne by, billed directly to, and paid by the provider utilizing or proposing to utilize the advertisement.
History of Section.
P.L. 2009, ch. 195, § 1; P.L. 2009, ch. 262, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-72 - Life Settlements Act › Section 27-72-10. - Disclosure to insurer.

§ 27-72-10. Disclosure to insurer.
(a)
Without limiting the ability of an insurer from assessing the insurability of a policy applicant and determining whether or not to issue the policy, and in addition to other questions an insurance carrier may lawfully pose to a life insurance applicant, insurance carriers may inquire in the application for insurance whether the proposed owner intends to pay premiums with the assistance of financing from a lender that will use the policy as collateral to support the financing.
(1)
If, as described in this chapter, the loan provides funds that can be used for a purpose other than paying for the premiums, costs, and expenses associated with obtaining and maintaining the life insurance policy and loan, the application shall be rejected as a violation of the prohibited practices in § 27-72-13.
(2)
If the financing does not violate § 27-72-13, the insurance carrier:
(i)
May make disclosures, including but not limited to such as the following, to the applicant and the insured, either on the application or an amendment to the application to be completed no later than the delivery of the policy:
“If you have entered into a loan arrangement where the policy is used as collateral, and the policy does change ownership at some point in the future in satisfaction of the loan, the following may be true:
(A)
A change of ownership could lead to a stranger owning an interest in the insured’s life;
(B)
A change of ownership could in the future limit your ability to purchase future insurance on the insured’s life because there is a limit to how much coverage insurers will issue on one life;
(C)
Should there be a change of ownership and you wish to obtain more insurance coverage on the insured’s life in the future, the insured’s higher issue age, a change in health status, and/or other factors may reduce the ability to obtain coverage and/or may result in significantly higher premiums;
(D)
You should consult a professional advisor, since a change in ownership in satisfaction of the loan may result in tax consequences to the owner, depending on the structure of the loan”; and
(b)
May require certifications, such as the following, from the applicant and/or the insured:
(1)
“I have not entered into any agreement or arrangement providing for the future sale of this life insurance policy”;
(2)
“My loan arrangement for this policy provides funds sufficient to pay for some or all of the premiums, costs, and expenses associated with obtaining and maintaining my life insurance policy, but I have not entered into any agreement by which I am to receive consideration in exchange for procuring this policy”; and
(3)
“The borrower has an insurable interest in the insured.”
History of Section.
P.L. 2009, ch. 195, § 1; P.L. 2009, ch. 262, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-72 - Life Settlements Act › Section 27-72-12. - Authority to promulgate regulations — Conflict of laws.

§ 27-72-12. Authority to promulgate regulations — Conflict of laws.
(a)
The commissioner may:
(1)
Promulgate regulations implementing this chapter and regulating the activities and relationships of providers, brokers, insurers, and their agents, subject to statutory limitations on administrative rulemaking.
(2)
Provide by regulation that the commissioner is authorized and may in his or her discretion recover the reasonable cost of legal services incurred by the department in enforcement actions under this chapter either from the licensee against whom the action is taken or by way of an assessment of all providers licensed pursuant to § 27-72-3(a). The assessment formula shall be set by regulation based upon information provided in the prior years annual statement filed pursuant to § 27-72-3(
l
).
(b) Conflict of laws.
(1)
If there is more than one owner on a single policy, and the owners are residents of different states, the life settlement contract shall be governed by the law of the state in which the owner having the largest percentage of ownership resides or, if the owners hold equal ownership, the state of residence of one owner agreed upon in writing by all of the owners. The law of the state of the insured shall govern in the event that equal owners fail to agree in writing upon a state of residence for jurisdictional purposes.
(2)
A provider from this state who enters into a life settlement contract with an owner who is a resident of another state that has enacted statutes or adopted regulations governing life settlement contracts, shall be governed in the effectuation of that life settlement contract by the statutes and regulations of the owner’s state of residence. If the state in which the owner is a resident has not enacted statutes or regulations governing life settlement contracts, the provider shall give the owner notice that neither state regulates the transaction upon which he or she is entering. For transactions in those states, however, the provider is to maintain all records required as if the transactions were executed in the state of residence. The forms used in those states need not be approved by the department.
(3)
If there is a conflict in the laws that apply to an owner and a purchaser in any individual transaction, the laws of the state that apply to the owner shall take precedence and the provider shall comply with those laws.
History of Section.
P.L. 2009, ch. 195, § 1; P.L. 2009, ch. 262, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-72 - Life Settlements Act › Section 27-72-15. - Injunctions — Civil remedies — Cease and desist.

§ 27-72-15. Injunctions — Civil remedies — Cease and desist.
(a)
In addition to the penalties and other enforcement provisions of this chapter, if any person violates this chapter or any rule implementing this chapter, the commissioner may seek an injunction in a court of competent jurisdiction in this state and may apply for temporary and permanent orders that the commissioner determines necessary to restrain the person from further committing the violation.
(b)
Any person damaged by the acts of another person in violation of this chapter or any rule or regulation implementing this chapter, may bring a civil action for damages against the person committing the violation in a court of competent jurisdiction.
(c)
The commissioner may issue a cease and desist order upon a person who violates any provision of this part, any rule or order adopted by the commissioner, or any written agreement entered into with the commissioner, in accordance with the chapter governing administrative procedures, § 42-35-1 et seq.
(d)
When the commissioner finds that such an action presents an immediate danger to the public and requires an immediate final order, the commissioner may issue an emergency cease and desist order reciting with particularity the facts underlying such findings. The emergency cease and desist order is effective immediately upon service of a copy of the order on the respondent and remains effective for ninety (90) days. If the department begins non-emergency cease and desist proceedings under subsection (a), the emergency cease and desist order remains effective, absent an order by a court of competent jurisdiction pursuant to § 42-35-1 et seq. In the event of a willful violation of this chapter, the superior court may award statutory damages in addition to actual damages in an additional amount up to three (3) times the actual damage award. The provisions of this chapter may not be waived by agreement. No choice of law provision may be utilized to prevent the application of this chapter to any settlement in which a party to the settlement is a resident of this state.
History of Section.
P.L. 2009, ch. 195, § 1; P.L. 2009, ch. 262, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-72 - Life Settlements Act › Section 27-72-16. - Penalties.

§ 27-72-16. Penalties.
(a)
It is a violation of this chapter for any person, provider, broker, or any other party related to the business of life settlements, to commit a fraudulent life settlement act.
(b)
For criminal liability purposes, a person who commits a fraudulent life settlement act is guilty of committing insurance fraud and shall be subject to additional penalties under § 27-54-1 et seq.
(c)
The commissioner shall be empowered to levy a civil penalty not exceeding one thousand dollars ($1,000) and the amount of the claim for each violation upon any person, including those persons and their employees licensed pursuant to this chapter, who is found to have committed a fraudulent life settlement act or violated any other provision of this chapter.
(d)
The license of a person licensed under this chapter that commits a fraudulent life settlement act shall be revoked.
History of Section.
P.L. 2009, ch. 195, § 1; P.L. 2009, ch. 262, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-72 - Life Settlements Act › Section 27-72-17. - Unfair trade practices.

§ 27-72-17. Unfair trade practices.
A violation of this chapter shall be considered an unfair trade practice pursuant to state law and subject to the penalties provided by state law.
History of Section.
P.L. 2009, ch. 195, § 1; P.L. 2009, ch. 262, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-72 - Life Settlements Act › Section 27-72-18. - Effective date.

§ 27-72-18. Effective date.
(a)
A provider lawfully transacting business in this state prior to the effective date of this act may continue to do so pending approval or disapproval of that person’s application for a license as long as the application is filed with the commissioner not later than thirty (30) days after publication by the commissioner of an application form and instructions for licensure of providers. If the publication of the application form and instructions is prior to the effective date of this act, then the filing of the application shall not be later than thirty (30) days after the effective date of this act. During the time that such an application is pending with the commissioner, the applicant may use any form of life settlement contract that has been filed with the commissioner pending approval thereof, provided that such form is otherwise in compliance with the provisions of this chapter. Any person transacting business in this state under this provision shall be obligated to comply with all other requirements of this chapter.
(b)
A person who has lawfully negotiated life settlement contracts between any owner residing in this state and one or more providers for at least one year immediately prior to the effective date of this act may continue to do so pending approval or disapproval of that person’s application for a license as long as the application is filed with the commissioner not later than thirty (30) days after publication by the commissioner of an application form and instructions for licensure of brokers. If the publication of the application form and instructions is prior to the effective date of this chapter, then the filing of the application shall not be later than thirty (30) days after the effective date of this act. Any person transacting business in this state under this provision shall be obligated to comply with all other requirements of this chapter.
History of Section.
P.L. 2009, ch. 195, § 1; P.L. 2009, ch. 262, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-73 - Rhode Island Public School Employee Uniform Benefit Act › Section 27-73-1. - Title and purpose.

§ 27-73-1. Title and purpose.
(a)
This chapter shall be known and may be cited as the “Rhode Island Public School Employee Uniform Benefit Act.”
(b)
The purpose of this chapter is to create uniform medical and prescription drug benefit plan designs for Rhode Island school district and charter school employees.
History of Section.
P.L. 2009, ch. 374, § 3; P.L. 2009, ch. 383, § 3.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-73 - Rhode Island Public School Employee Uniform Benefit Act › Section 27-73-2. - Program implementation.

§ 27-73-2. Program implementation.
(a)
Upon recommendation of the uniform healthcare benefit plan designs or at such other time as specified herein or as specified in §§ 28-9.3-2 and 28-9.4-3, all public school districts and charter schools may implement one or more benefit plan design(s) including, but not limited to, those recommended in accordance with this chapter.
(b)
Upon expiration of collective bargaining agreements, recommended benefit plan designs recommended by the board in accordance with this chapter may be specified in future collective bargaining agreements.
(c)
Choice of benefit plan designs from those recommended in accordance with § 27-73-4, medical insurance cost sharing, payment for waiving medical insurance, eligibility for receiving benefits, and providing benefits for retirees shall continue to be negotiated pursuant to §§ 28-9-3 and 28-9-4.
(d)
Each municipality, district, or charter school, may, at its discretion, contract for and manage benefit plans under this chapter, either directly or indirectly, through municipal, district, or charter arrangements with insurance purchasing collaboratives or joint purchasing groups.
History of Section.
P.L. 2009, ch. 374, § 3; P.L. 2009, ch. 383, § 3; P.L. 2011, ch. 124, § 1; P.L. 2011, ch. 133, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-73 - Rhode Island Public School Employee Uniform Benefit Act › Section 27-73-3. - Board of directors established.

§ 27-73-3. Board of directors established.
(a)
There is established the board of directors of the Rhode Island uniform public school employees’ healthcare benefits program (“board”).
(b)
The board shall consist of twelve (12) members, as follows:
(1)
Two (2) members shall be appointed by the president of the Rhode Island Federation of Teachers and Health Professionals and may be active or retired teachers or officials from the union;
(2)
Two (2) members shall be appointed by the president of the National Education Association of Rhode Island and may be active or retired teachers or officials from the union;
(3)
One member shall be appointed by the president of RI Council 94 of the American Federation of State, County and Municipal Employees;
(4)
One member shall be appointed by the president of the Laborers International Union of North America;
(5)
Two (2) members shall be appointed by the president of the Rhode Island Association of School Committees;
(6)
Two (2) members shall be appointed by the Rhode Island School Superintendents’ Association;
(7)
Two (2) members shall be appointed by the president of the Rhode Island Association of School Business Managers.
(c)
Each appointing authority may remove or replace any member appointed by that appointing authority at any time.
(d)
Members of the board shall serve without compensation.
(e)
The board shall be initially convened by the Rhode Island department of education on or before September 15, 2009.
(f)
A technical advisory committee to the board shall be created concurrently with the board. The advisory committee shall receive adequate notice to be in attendance and to provide a report at each of the board meetings. The advisory committee shall be composed of one representative of each of the following: the department of elementary and secondary education, the department of administration, the League of Charter Schools, and each of the municipal insurance purchasing collaboratives. The department of administration representative shall serve as chair and convener of the advisory committee.
History of Section.
P.L. 2009, ch. 374, § 3; P.L. 2009, ch. 383, § 3.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-73 - Rhode Island Public School Employee Uniform Benefit Act › Section 27-73-4. - Powers, duties, and functions of the board.

§ 27-73-4. Powers, duties, and functions of the board.
The board shall have the following powers, duties, and functions relative to active full-time certified employees pursuant to § 28-9.3-2, and active full-time school district employees pursuant to § 28-9.4-3:
(1)
To design and recommend, with input and recommendations from the technical advisory committee, medical benefits plan designs and prescription drug coverage plan designs in accordance with the following:
(i)
To design at least six (6) uniform benefit plan designs for all Rhode Island public school employees.
(ii)
Benefit plan designs shall include at least one managed care option, at least four (4) preferred provider organization (PPO) options, and at least one health savings account (HSA) compatible high deductible health plan (HDHP) option.
(iii)
The actuarial value of any of the approved benefit plan designs may not be greater than the actuarial value of the state employee health plan in effect as of the date the plan designs are approved.
(iv)
The PPO options shall reflect four (4) different levels of plan design, with a minimum actuarial difference between each of the plan designs of seven and one-half percent (7.5%).
(v)
The actuarial value of the lowest board-recommended benefit plan design shall not be greater than the actuarial value of the public school employee benefit plan design with the lowest actuarial value in effect in the state on January 1, 2011.
(2)
To monitor the implementation of the uniform benefit plan designs and to recommend modifications to such benefit plan designs as appropriate.
(3)
To report to the governor and general assembly on or before January 1, 2012, with recommendations on the means, feasibility, and benefits of developing a statewide health benefit purchasing arrangement for public school employees.
History of Section.
P.L. 2009, ch. 374, § 3; P.L. 2009, ch. 383, § 3; P.L. 2010, ch. 301, § 1; P.L. 2011, ch. 124, § 1; P.L. 2011, ch. 133, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-73 - Rhode Island Public School Employee Uniform Benefit Act › Section 27-73-5. - Officers, quorum, meetings.

§ 27-73-5. Officers, quorum, meetings.
(a)
The board shall elect from its own membership such officers as it sees fit.
(b)
Seven (7) members of the board in office shall constitute a quorum.
(c)
Decisions of the board shall be made by a majority vote of the members present.
(d)
Meetings may be called by the chair, or at the written request of four (4) members.
(e)
The board shall hold regular meetings at least once every month, and those meetings shall be open to the public in accordance with chapter 46 of title 42 (“Open Meetings”).
History of Section.
P.L. 2009, ch. 374, § 3; P.L. 2009, ch. 383, § 3.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-74 - Discount Medical Plan Organization Act › Section 27-74-1. - Short title.

§ 27-74-1. Short title.
This chapter shall be known as the “Discount Medical Plan Organization Act.”
History of Section.
P.L. 2010, ch. 156, § 1; P.L. 2010, ch. 158, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-74 - Discount Medical Plan Organization Act › Section 27-74-2. - Purpose.

§ 27-74-2. Purpose.
The purpose of this chapter is to promote the public interest by establishing standards for discount medical plan organizations; protect consumers from unfair or deceptive marketing, sales, or enrollment practices; and facilitate consumer understanding of the role and function of discount medical plan organizations in providing access to medical or ancillary services.
History of Section.
P.L. 2010, ch. 156, § 1; P.L. 2010, ch. 158, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-74 - Discount Medical Plan Organization Act › Section 27-74-4. - Applicability and scope.

§ 27-74-4. Applicability and scope.
(a)
This chapter applies to all discount medical plan organizations doing business in or from this state.
(b)
A discount medical plan organization that is a licensed health insurer or health maintenance organization or a nonprofit hospital and medical service corporation is not required to obtain a certificate of registration under § 27-74-5, except that any of its affiliates that operate as a discount medical plan organization in this state shall obtain a certificate of registration under § 27-74-5 and comply with all other provisions of this act; but such health insurer, health maintenance organization, or nonprofit hospital and medical service corporation is required to comply with §§ 27-74-8, 27-74-9, 27-74-10, and 27-74-11 and report, in the form and manner as the commissioner may require, any of the information described in § 27-74-13 that is not otherwise already reported.
History of Section.
P.L. 2010, ch. 156, § 1; P.L. 2010, ch. 158, § 1; P.L. 2021, ch. 395, § 7, effective July 14, 2021.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-74 - Discount Medical Plan Organization Act › Section 27-74-6. - Surety bond or deposit requirements.

§ 27-74-6. Surety bond or deposit requirements.
(a)
Each registered discount medical plan organization shall maintain in force a surety bond in its own name in an amount not less than fifty thousand dollars ($50,000) to be used in the discretion of the commissioner to protect the financial interest of members, including, but not limited to, making refunds of fees and costs to consumers if the registered discount medical plan organization’s registration is revoked. The bond shall be issued by an insurance company licensed to do business in this state.
(b)
In lieu of the bond specified in this section, a registered discount medical plan organization may deposit and maintain deposited with the commissioner, or at the discretion of the commissioner, with any organization or trustee acceptable to the commissioner through which a custodial or controlled account is utilized, cash, securities, or any combination of these or other measures that are acceptable to the commissioner with at all times have a market value of not less than fifty thousand dollars ($50,000).
(c)
All income from a deposit made under this section shall be an asset of the discount medical plan organization.
(d)
Except for the commissioner, the assets or securities held in this state as a deposit under this section shall not be subject to levy by a judgment creditor or other claimant of the discount medical plan organization.
History of Section.
P.L. 2010, ch. 156, § 1; P.L. 2010, ch. 158, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-74 - Discount Medical Plan Organization Act › Section 27-74-7. - Examinations and investigations.

§ 27-74-7. Examinations and investigations.
(a)
The commissioner may examine or investigate the business and affairs of any discount medical plan organization to protect the interests of the residents of this state based on the following reasons, including, but not limited to, complaint indices, recent complaints, information from other states, or as the commissioner deems necessary.
(b)
An examination or investigation conducted as provided in this section shall be performed in accordance with the provisions of chapter 13.1 of this title.
(c)
In addition to the examination powers provided for in subsection (b) of this section, the commissioner may:
(1)
Order any discount medical plan organization or applicant that operates a discount medical plan organization to produce any records, books, files, advertising and solicitation materials or other information; and
(2)
Take statements under oath to determine whether the discount medical plan organization or applicant is in violation of the law or is acting contrary to the public interest.
(d)
The discount medical plan organization or applicant that is the subject of the examination or investigation shall pay the expenses incurred in conducting the examination or investigation, including but not limited to, the expenses of attorneys, consultants, and other experts. Failure by the discount medical plan organization or applicant to promptly pay the expenses is grounds for denial of a certificate of registration to operate as a discount medical plan organization or revocation of a certificate of registration to operate as a discount medical plan organization. Such expenses, if not paid, may be recovered through a civil action filed in the superior court.
History of Section.
P.L. 2010, ch. 156, § 1; P.L. 2010, ch. 158, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-74 - Discount Medical Plan Organization Act › Section 27-74-8. - Charges and fees — Refund requirements — Bundling of services.

§ 27-74-8. Charges and fees — Refund requirements — Bundling of services.
(a)
A discount medical plan organization may charge a periodic charge as well as a reasonable one-time processing fee for a discount medical plan.
(b)
If a member cancels his or her membership in the discount medical plan organization within the first thirty (30) days after the date of receipt of the written document for the discount medical plan described in § 27-74-11(e), the member shall receive a reimbursement of all periodic charges and the amount of any one-time processing fee that exceeds twenty dollars ($20.00) upon return of the discount medical plan card to the discount medical plan organization.
(c)
Cancellation occurs when notice of cancellation is given to the discount medical plan organization. Notice of cancellation is deemed given when delivered by hand or deposited in a mailbox, properly addressed and postage prepaid to the mailing address of the discount medical plan organization or emailed to the email address of the discount medical plan organization.
(d)
A discount medical plan organization shall return any periodic charge charged or collected after the member has returned the discount medical plan card or given the discount medical plan organization notice of cancellation.
(e)
If the discount medical plan organization cancels a membership for any reason other than nonpayment of charges by the member, the discount medical plan organization shall make a pro rata reimbursement of all periodic charges to the member.
(f)
When a marketer or discount medical plan organization sells a discount medical plan in conjunction with any other products, the marketer or discount medical plan organization shall:
(1)
Provide the charges for each discount medical plan in writing to the member; or
(2)
Reimburse the member for all periodic charges for the discount medical plan and all periodic charges for any other product if the member cancels his or her membership in accordance with this section.
(g)
Any discount medical plan organization that is a health carrier that provides a discount medical plan product that is incidental to the insured product is not subject to this section.
History of Section.
P.L. 2010, ch. 156, § 1; P.L. 2010, ch. 158, § 1; P.L. 2021, ch. 395, § 7, effective July 14, 2021.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-74 - Discount Medical Plan Organization Act › Section 27-74-9. - Provider agreements — Provider listing requirements.

§ 27-74-9. Provider agreements — Provider listing requirements.
(a)
A discount medical plan organization shall have a written provider agreement with all providers offering medical or ancillary services to its members. The written provider agreement may be entered into directly with the provider or indirectly with a provider network to which the provider belongs.
(b)
A provider agreement between a discount medical plan organization and a provider shall provide the following:
(1)
A list of the medical or ancillary services and products to be provided at a discount;
(2)
The amount or amounts of the discounts or, alternatively, a fee schedule that reflects the provider’s discounted rates; and
(3)
That the provider will not charge members more than the discounted rates.
(c)
A provider agreement between a discount medical plan organization and a provider network shall require that the provider network have written agreements with its providers that:
(1)
Contain the provisions described in subsection (b) of this section;
(2)
Authorize the provider network to contract with the discount medical plan organization on behalf of the provider; and
(3)
Require the provider network to maintain an up-to-date list of its contracted providers and to provide the list on a monthly basis to the discount medical plan organization.
(d)
A provider agreement between a discount medical plan organization and an entity that contracts with a provider network shall require that the entity, in its contract with the provider network, require the provider network to have written agreements with its providers that comply with subsection (c) of this section.
(e)
The discount medical plan organization shall maintain a copy of each active provider agreement into which it has entered.
(f)
Each discount medical plan organization shall maintain on an internet website page an up-to-date list of the names and addresses of the providers with which it has contracted directly or through a provider network. The internet website address shall be prominently displayed on all of its advertisements, marketing materials, brochures, and discount medical plan cards.
(g)
This subsection applies to those providers with which the discount medical plan organization has contracted with directly as well as those providers that are members of a provider network with which the discount medical plan organization has contracted.
History of Section.
P.L. 2010, ch. 156, § 1; P.L. 2010, ch. 158, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-74 - Discount Medical Plan Organization Act › Section 27-74-10. - Marketing requirements.

§ 27-74-10. Marketing requirements.
(a)
A discount medical plan organization may market directly or contract with other marketers for the distribution of its product.
(b)
The discount medical plan organization shall have an executed written agreement with a marketer prior to the marketer’s marketing, promoting, selling, or distributing the discount medical plan. The agreement between the discount medical plan organization and the marketer shall prohibit the marketer from using advertising, marketing materials, brochures, and discount medical plan cards without the discount medical plan organization’s approval in writing.
(c)
The discount medical plan organization shall be bound by and responsible for the activities of a marketer that are within the scope of the marketer’s agency relationship with the organization.
(d)
A discount medical plan organization shall approve in writing all advertisements, marketing materials, brochures, and discount cards used by marketers to market, promote, sell, or distribute the discount medical plan prior to their use.
(e)
Upon request, a discount medical plan organization shall submit to the commissioner all advertising, marketing materials, and brochures regarding a discount medical plan.
History of Section.
P.L. 2010, ch. 156, § 1; P.L. 2010, ch. 158, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-74 - Discount Medical Plan Organization Act › Section 27-74-12. - Notice of change in name or address.

§ 27-74-12. Notice of change in name or address.
Each discount medical plan organization shall provide the commissioner at least thirty (30) days’ advance notice of any change in the discount medical plan organization’s name, address, principal business address or mailing address or Internet website address.
History of Section.
P.L. 2010, ch. 156, § 1; P.L. 2010, ch. 158, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-74 - Discount Medical Plan Organization Act › Section 27-74-13. - Annual reports.

§ 27-74-13. Annual reports.
(a)
If the information required in subsection (b) of this section is not provided at the time of renewal of a certificate of registration under § 27-74-5, a discount medical plan organization shall file an annual report with the commissioner in the form prescribed by the commissioner, within three (3) months after the end of each fiscal year.
(b)
The report shall include:
(1)
If different from the initial application for a certificate of registration or at the time of renewal of a certificate of registration or the last annual report, as appropriate, a list of the names and residence addresses of all persons responsible for the conduct of the organization’s affairs, together with a disclosure of the extent and nature of any contracts or arrangements with these persons and the discount medical plan organization, including any possible conflicts of interest;
(2)
The number of discount medical plan members in the state; and
(3)
Any other information relating to the performance of the discount medical plan organization that may be required by the commissioner.
(c)
Any discount medical plan organization that fails to file an annual report in the form and within the time required by this section shall:
(1)
Forfeit:
(i)
Up to five hundred dollars ($500) each day for the first ten (10) days during which the violation continues; and
(ii)
Up to one thousand dollars ($1,000) each day after the first ten (10) days during which the violation continues; and
(2)
Upon notice by the commissioner, lose its authority to enroll new members or to do business in this state while the violation continues.
History of Section.
P.L. 2010, ch. 156, § 1; P.L. 2010, ch. 158, § 1; P.L. 2021, ch. 395, § 7, effective July 14, 2021.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-74 - Discount Medical Plan Organization Act › Section 27-74-14. - Penalties.

§ 27-74-14. Penalties.
(a)
In addition to the penalties and other enforcement provisions of this chapter or under § 42-14-16, any person who willfully violates this chapter is subject to civil penalties of up to ten thousand dollars ($10,000) per violation.
(b)
A person that willfully operates as or aids and abets another operating as a discount medical plan organization in violation of this chapter shall, upon conviction, be fined not more than fifty thousand dollars ($50,000) or be imprisoned for not more than one year, or both.
(c)
A person that collects fees for purported membership in a discount medical plan, but purposefully fails to provide the promised benefits shall be deemed guilty of larceny and upon conviction is subject to penalties provided for in § 11-41-5. In addition, upon conviction, the person shall be ordered to pay restitution to persons aggrieved by the violation of this chapter. Restitution shall be ordered in addition to a fine or imprisonment, but not in lieu of a fine or imprisonment.
History of Section.
P.L. 2010, ch. 156, § 1; P.L. 2010, ch. 158, § 1.