reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 11 - MEDICARE SUPPLEMENT INSURANCE › Section R20-6-1101 - Incorporation by Reference and Modifications

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department
				incorporates by reference the Model Regulation to Implement the National
				Association of Insurance Commissioners (NAIC) Medicare Supplement Insurance
				Minimum Standards Model Act, Fall 2023 (Model Regulation), and no future
				editions or amendments, which is on file with the Department of Insurance, 100
				N. 15th Ave., Suite 261, Phoenix, AZ 85007-2630 and available on its website
				at:
https://difi.az.gov/insurance-division-rulemaking
.
				The Model Regulation is also available from the National Association of
				Insurance Commissioners, Publications Department, 1100 Walnut Street, Suite
				1500, Kansas City, MO 64106-2197.
B. The Model Regulation is modified as
				follows:
1. In addition to the terms defined
				in the Model Regulation, the following definitions apply:
a. "Agent" means an insurance producer as
				defined in A.R.S. §
											20-281(5).
b. "Commissioner" means the Director of the
				Arizona Department of Insurance and Financial Institutions.
c. "HMO" and "health maintenance
				organization" mean a health care services organization as defined in A.R.S.
				§
											20-1051(6).
d. "Regulation" means
				Article.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 12 - HIV/AIDS: PROHIBITED AND REQUIRED PRACTICES › Section R20-6-1201 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
A. "AIDS" means Acquired Immune Deficiency Syndrome.
B. "Applicant" means an applicant for a life or disability
				  insurance policy or coverage under a health care plan, as well as any potential
				  certificate holder or dependent covered under such policy or plan.
C. "Insurer" means life and disability insurers (including
				  but not limited to health insurers), hospital and medical service corporations,
				  and health care services organizations, including all employees, contractors,
				  and agents thereof.
D. "Person" means any individual, company, insurer,
				  association, organization, society, reciprocal or inter-insurance exchange,
				  partnership, syndicate, business trust, corporation, or
				  entity.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 12 - HIV/AIDS: PROHIBITED AND REQUIRED PRACTICES › Section R20-6-1202 - Applications for Insurance

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Insurers shall not use questions on applications for life or disability
				policies or health care plans that inquire directly or indirectly about:
1. The sexual orientation of an
				applicant;
2. An applicant's
				receipt of transfusions of blood or blood products; or
3. Whether or not the applicant has had any
				HIV-related test, except as provided in subsection (B) of this rule.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 12 - HIV/AIDS: PROHIBITED AND REQUIRED PRACTICES › Section R20-6-1204 - Release of Confidential Hiv-related Information; Release Form

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as
				required by law or authorized pursuant to a written consent to be tested, an
				insurer shall not disclose confidential HIV-related information to any person
				unless a written release form is executed by the applicant or, if the applicant
				lacks legal capacity to consent to such release, by a person authorized by law
				to consent to the release of information on behalf of the applicant. The
				applicant or the applicant's legal representative shall be entitled to receive
				a copy of the release. A photocopy shall be as valid as the original.
B. Such written release form shall contain
				the following information:
1. The name and
				address of the person to whom the information shall be disclosed;
2. The specific purpose for which disclosure
				is to be made; and
3. The time
				period during which the written release is to be effective but in no case shall
				such time period exceed 180 days from the date the release is signed by the
				applicant or the applicant's legal representative;
4. The signature of the applicant or of the
				person authorized by law to consent to such release, and the date the release
				form was signed.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 12 - HIV/AIDS: PROHIBITED AND REQUIRED PRACTICES › Section R20-6-1205 - Benefits; Prohibited Practices

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Life and disability insurance policies or health care plans that provide
				benefits for prescription drugs shall provide benefits for any and all drugs
				and pharmaceutical forms of treatment for HIV and/or AIDS approved by the Food
				and Drug Administration pursuant to 21 U.S.C. Chapter 9 or licensed by the Food
				and Drug Administration pursuant to 42 U.S.C. Chapter 6A, including but not
				limited to Zidovudine, formerly Azidothymidine ("AZT"), Didanosine (ddI) and
				Zalcitabine (ddC), to the same extent as other prescription drugs and
				treatments.
B. Insurers shall
				provide benefits for HIV, AIDS, and AIDS-related conditions in the same manner
				and to the same extent as those benefits provided for all other
				diseases.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 13 - MENTAL HEALTH PARITY › Section R20-6-1302 - Medical Necessity Criteria and NQTL Reporting

Current through Register Vol. 30, No. 28, July 12, 2024
A. Health care
				insurers subject to the reporting requirement. A health care insurer that
				issues health plans in Arizona is required to file the reports required by this
				Section with the Department.
B.
				Health plans subject to reporting. A health care insurer shall submit a report
				for all health plans it offers in this state (including grandfathered and
				non-grandfathered health plans) that meet all of the criteria listed in
				subsections (B)(1) through (B)(4) of this Section. If a health care insurer
				determines that the information to be reported varies by network plan, or
				varies in the individual, small group, or large group market, the health care
				insurer must submit a separate report for each variation.
1. The health plan offers MH and/or SUD
				benefits in addition to Med/Surg benefits.
2. The health plan offers MH and/or SUD
				benefits in at least one of the following classifications:
a. Inpatient, in-network;
b. Inpatient, out-of-network;
c. Outpatient, in-network;
d. Outpatient, out-of-network;
e. Emergency care; or
f. Prescription drugs.
3. The health plan is offered on a group
				(large or small) or individual basis.
4. The health plan has not received and
				notified the Department of an increased cost exemption pursuant to
				45 CFR
				146.136(g).
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 13 - MENTAL HEALTH PARITY › Section R20-6-1304 - Additional Information or Data

Current through Register Vol. 30, No. 28, July 12, 2024
According to A.R.S. §
									20-3502(F),
				  the Department is not prohibited from otherwise requesting information or data
				  that is necessary to verify compliance with MHPAEA and the Arizona Mental
				  Health Parity Act.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 13 - MENTAL HEALTH PARITY › Section R20-6-1305 - Confidentiality of Information

Current through Register Vol. 30, No. 28, July 12, 2024
According to A.R.S. §
									20-3502(G),
				  all documents, reports, or other materials provided to the Department under
				  this Article are confidential and are not subject to disclosure and are subject
				  to the restrictions of A.R.S. §
									20-157.01(B).
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 13 - MENTAL HEALTH PARITY › Exhibit A - Medical Necessity Criteria and NQTL Reports

Current through Register Vol. 30, No. 28, July 12, 2024
Instructions for Exhibit A:
Submit an Exhibit A for each fully insured, major medical
				  health plan subject to reporting under Section R20-6-1302(B). Please submit the
				  information in a word-searchable PDF file which is organized and identified by
				  the numbered sections that appear below.
Part I: Identify Plan and Reporting Year.
Instructions for Part I:
The reporting year is the year, from January 1 through
				  December 31, immediately preceding the submission of this Exhibit A.
Reporting Year:
Health Care Insurer Name:
Health Care Insurer NAIC Company
							 Code:
Network Name(s):
Service Area:
(List all counties in the service area for these
							 networks)
Covered Lives:
(List the number of covered lives enrolled in plans
							 in these networks in the reporting year)
Plan Types:
(Check all that
							 apply)
[]Individual ACA-Compliant
[]Small Group ACA-Compliant
[]Individual Transitional, plans
							 include
[]Small Group Transitional, plans include
MH/SUD benefits
MH/SUD benefits
Individual Grandfathered, plans
							 include
Large Group Fully Insured, plans include
MH/SUD benefits
MH/SUD benefits
Product Types:
(Check all that apply)
[]PPO
[]HMO (HCSO)
[]POS
[]Indemnity
Part II: Medical necessity criteria.
Instructions for Part II:
To comply with A.R.S. §
									20-3502(B)(1),
				  describe the process that is used to develop or select medical necessity
				  criteria for the plan and reporting year identified in Part I. When the plan
				  describes the process used to develop or select criteria for MH/SUD benefits,
				  then it must also describe the process used to develop or select criteria for
				  Med/Surg benefits.
To comply with A.R.S. §
									20-3502(B)(1),
				  report:
A. Describe the process used
				to develop or select medical necessity criteria for MH/SUD benefits.
B. Describe the process used to develop or
				select medical necessity criteria for Med/Surg benefits.
Part III: Identify all NQTLs.
Instructions for Part III:
To comply with A.R.S. §
									20-3502(B)(2),
				  identify all NQTLs that are applied to MH/SUD benefits and all NQTLs that are
				  applied to Med/ Surg benefits for the plan and reporting year identified in
				  Part I. NQTLs shall be identified within each classification of
				  benefits.
A. Identify and report all
				NQTLs applied to MH/SUD benefits:
1. All NQTLs
				applied to In-Patient, In-Network Classification.
2. All NQTLs applied to In-Patient,
				Out-of-Network Classification
3.
				All NQTLs applied to Out-Patient, In-Network Classification
4. All NQTLs applied to Out-Patient,
				Out-of-Network Classification
5.
				All NQTLs applied to Emergency Care
6. All NQTLs applied to Prescription
				Benefits
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 14 - INSURANCE HOLDING COMPANY › Section R20-6-1401 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
A. "The Act" means
				the Insurance Holding Company Systems Act, A.R.S. §§
									20-481
				through
				20-481.32.
B. "Executive officer" means chief executive
				officer, chief operating officer, chief financial officer, treasurer,
				secretary, controller, and any other individual performing functions
				corresponding to those performed by the foregoing officers under whatever
				title.
C."Ultimate controlling
				person" means that person which is not controlled by any other
				person.
D.Unless the context
				otherwise requires, other terms found in these regulations and in A.R.S. §
									20-481 are
				used as defined in the Act. Other nomenclature or terminology is according to
				Title 20, A.R.S. or industry usage if not defined by Title 20, A.R.S.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 14 - INSURANCE HOLDING COMPANY › Section R20-6-1402 - Acquisition of Control - Statement Filing

Current through Register Vol. 30, No. 28, July 12, 2024
A.A person required to file a statement
				pursuant to A.R.S. §
									20-481.02
				shall furnish the required information on Form A, attached hereto as Appendix A
				and on Form E, attached hereto as Appendix E, and described in subsections (D)
				and (E) of this section.
B.The
				applicant shall promptly advise the Director of any changes in the information
				furnished on Form A arising subsequent to the date upon which the information
				was furnished but prior to the Director's disposition of the
				application.
C.If the person being acquired is deemed to be a
				"domestic insurer" solely because of the provisions of A.R.S. §
									20-481.02(G),
				the name of the domestic insurer on the cover page should be indicated as
				follows: "[ABC Insurance Company), a subsidiary of [XYZ Holding Company]."
				Where a A.R.S. §
									20-481.02(G)
				 insurer is being acquired, references to
				"the insurer" contained in Form A shall refer to both the domestic subsidiary
				insurer and the person being acquired.
D.If a domestic insurer, including any person
				controlling a domestic insurer, is proposing a merger or acquisition pursuant
				to A.R.S. §
									20-481.02(A),
				that person shall file a pre-acquisition notification form, Form E, which was
				developed pursuant to A.R.S. §
									20-481.25(C).
E.Additionally, if a non-domiciliary insurer
				licensed to do business in this state is proposing a merger or acquisition
				pursuant to A.R.S. §
									20-481.25,
				that person shall file a pre-acquisition notification form, Form E. No
				pre-acquisition notification form need be filed if the acquisition is beyond
				the scope of A.R.S. §
									20-481.25
				as set forth in A.R.S. §
									20-481.25(B).
F.In addition to the information required by
				Form E, the Director may wish to require an expert opinion as to the
				competitive impact of the proposed acquisition.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 14 - INSURANCE HOLDING COMPANY › Section R20-6-1403 - Annual Registration of Insurers - Statement Filing

Current through Register Vol. 30, No. 28, July 12, 2024
A.An insurer required to file an annual
				registration statement pursuant to A.R.S. §
									20-481.09
				shall furnish the required information on Form B, attached hereto as Appendix
				B, in accordance with the instructions contained in Appendix G.
B.Amendments to Form B shall be filed in the
				Form B format with only those items which are being amended reported. Each such
				amendment shall include at the top of the cover page "Amendment No. (insert
				number) to Form B for (insert year)" and shall indicate the date of the
				amendment and not the date of the original filings.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 14 - INSURANCE HOLDING COMPANY › Section R20-6-1404 - Summary of Registration - Statement Filing

Current through Register Vol. 30, No. 28, July 12, 2024
An insurer required to file an annual registration statement
				  pursuant to A.R.S. §
									20-481.09
				  is also required to furnish information required on Form C, attached hereto as
				  Appendix C .
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 14 - INSURANCE HOLDING COMPANY › Section R20-6-1405 - Alternative and Consolidated Registrations

Current through Register Vol. 30, No. 28, July 12, 2024
A.Any authorized insurer may file a
				registration statement on behalf of any affiliated insurer or insurers which
				are required to register under A.R.S. §
									20-481.09.
				A registration statement may include information not required by the Act
				regarding any insurer in the insurance holding company system even if such
				insurer is not authorized to do business in this state. In lieu of filing a
				registration statement on Form B, the authorized insurer may file a copy of the
				registration statement or similar report which it is required to file in its
				state of domicile, provided:
1. The statement
				or report contains substantially similar information required to be furnished
				on Form B; and
2. The filing
				insurer is the principal insurance company in the insurance holding company
				system.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 14 - INSURANCE HOLDING COMPANY › Section R20-6-1406 - Disclaimers and Termination of Registration

Current through Register Vol. 30, No. 28, July 12, 2024
A.A disclaimer of affiliation or a request
				for termination of registration claiming that a person does not, or will not
				upon the taking of some proposed action, control another person, hereinafter
				referred to in this rule as the "subject," shall contain the following
				information:
1. The number of authorized,
				issued and outstanding voting securities of the subject;
2. With respect to the person whose control
				is denied and all affiliates of such person, the number and percentage of
				shares of the subject's voting securities which are held of record or known to
				be beneficially owned, and the number of shares concerning which there is a
				right to acquire, directly or indirectly;
3. All material relationships and bases for
				affiliation between the subject and the person whose control is denied and all
				affiliates of such person;
4. A
				statement explaining why the person should not be considered to control the
				subject.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 14 - INSURANCE HOLDING COMPANY › Section R20-6-1408 - Enterprise Risk Report; Group Capital Calculation

Current through Register Vol. 30, No. 28, July 12, 2024
A. The ultimate
				controlling person of an insurer required to file an enterprise risk report
				pursuant to A.R.S. § 481.10(D) shall furnish the required information on
				Form F, attached hereto as Appendix F.
B. The lead state Commissioner has the
				discretion to exempt the ultimate controlling person from filing the annual
				group capital calculation if the lead state Commissioner makes a determination
				based upon the filing that the insurance holding company system meets all of
				the following criteria:
1. Has annual direct
				written and unaffiliated assumed premium, including international direct and
				assumed premium, but excluding premiums reinsured with the Federal Crop
				Insurance Corporation and Federal Flood Program of less than
				$1,000,000,000;
2. Has no insurers
				within its holding company structure that are domiciled outside of the United
				States or one of its territories;
3. Has no banking, depository, or other
				financial entity that is subject to an identified regulatory capital framework
				within its holding company structure;
4. The holding company system attests that
				there are no material changes in the transactions between insurers and
				non-insurers in the group that have occurred since the last filing of the
				annual group capital calculation; and
5. The non-insurers within the holding
				company system do not pose a material financial risk to the insurer's ability
				to honor policyholder obligations.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 14 - INSURANCE HOLDING COMPANY › Section R20-6-1409 - Extraordinary Dividends and Other Distributions

Current through Register Vol. 30, No. 28, July 12, 2024
A. Requests for
				approval of extraordinary dividends or any other extraordinary distribution to
				shareholders shall include the following:
1.
				The amount of the proposed dividend;
2. The date established for payment of the
				dividend;
3. A statement as to
				whether the dividend is to be in cash or other property and, if in property, a
				description thereof, its cost, and its fair market value together with an
				explanation of the basis for valuation;
4. A copy of the calculations determining
				that the proposed dividend is extraordinary. The work paper shall include the
				following information:
a. The amounts, dates
				and form of payment of all dividends or distributions, including regular
				dividends but excluding distributions of the insurer's own securities, paid
				within the period of 12 consecutive months ending on the date fixed for payment
				of the proposed dividend for which approval is sought and commencing on the day
				after the same day of the same month in the last preceding year;
b. Surplus as regards policyholders, total
				capital and surplus, as of the 31st day of December next preceding;
c. If the insurer is a life insurer, the net
				gain from operations for the 12-month period ending the 31st day of December
				next preceding;
d. If the insurer
				is not a life insurer, the net income less realized capital gains for the
				12-month period ending the 31st day of December next preceding and the two
				preceding 12-months periods; and
e.
				If the insurer is not a life insurer, the dividends paid to stockholders
				excluding distributions of the insurer's own securities in the preceding two
				calendar years.
5. A
				balance sheet and statement of income for the period intervening from the last
				annual statement filed with the Director and the end of the month preceding the
				month in which the request for dividend approval is submitted; and
6. A brief statement as to the effect of the
				proposed dividend upon the insurer's surplus and the reasonableness of surplus
				in relation to the insurer's outstanding liabilities and the adequacy of
				surplus relative to the insurer's financial needs.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 14 - INSURANCE HOLDING COMPANY › Section R20-6-1410 - Adequacy of Surplus

Current through Register Vol. 30, No. 28, July 12, 2024
The factors set for in A.R.S. §§
									20-481.01(F)
				   and
				  20-481.24 are
				  not intended to be an exhaustive list. In determining the adequacy and
				  reasonableness of an insurer's surplus no single factor is necessarily
				  controlling. The Director instead will consider the net effect of all of these
				  factors plus other factors bearing on the financial condition of the insurer.
				  In comparing the surplus maintained by other insurers, the Director will
				  consider the extent to which each of these factors varies from company to
				  company and in determining the quality and liquidity of investments in
				  subsidiaries, the Director will consider the individual subsidiary and may
				  discount or disallow its valuation to the extent that the individual
				  investments so warrant.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 14 - INSURANCE HOLDING COMPANY › Appendix E - Form E PRE-ACQUISITION NOTIFICATION FORM REGARDING THE POTENTIAL COMPETITIVE IMPACT OF A PROPOSED MERGER OR ACQUISITION BY A NON-DOMICILIARY INSURER DOING BUSINESS IN THIS STATE OR BY A DOMESTIC INSURER

Current through Register Vol. 30, No. 28, July 12, 2024
____________________________________________
Name of Applicant
______________________________________________
Name of Other Person Involved in Merger or Acquisition
Filed with the Arizona Department of Insurance
Dated: , 20
Name, title, address and telephone number of person
				  completing this statement:
ITEM 1. NAME AND ADDRESS
[State the name and addresses of the persons who hereby
				  provide notice of their involvement in a pending acquisition or change in
				  corporate control.]
ITEM 2. NAME AND ADDRESSES OF AFFILIATED COMPANIES
[State the names and addresses of the persons affiliated with
				  those listed in Item 1. Describe their affiliations.]
ITEM 3. NATURE AND PURPOSE OF THE PROPOSED MERGER OR
				  ACQUISITION
[State the nature and purpose of the proposed merger or
				  acquisition.]
ITEM 4. NATURE OF BUSINESS
[State the nature of the business performed by each of the
				  persons identified in response to Item 1 and Item 2.]
ITEM 5. MARKET AND MARKET SHARE
[State specifically what market and market share in each
				  relevant insurance market the persons identified in Item 1 and Item 2 currently
				  enjoy in this state. Provide historical market and market share data for each
				  person identified in Item 1 and Item 2 for the past five years and identify the
				  source of such data. Provide a determination as to whether the proposed
				  acquisition or merger, if consummated, would violate the competitive standards
				  of the state as stated in A.R.S. §
									20-481.25(D).
				  If the proposed acquisition or merger would violate competitive standards,
				  provide justification of why the acquisition or merger would not substantially
				  lessen competition or create a monopoly in the state.]
For purposes of this question, market means direct written
				  insurance premium in this state for a line of business as contained in the
				  annual statement required to be filed by insurers licensed to do business in
				  this state.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 14 - INSURANCE HOLDING COMPANY › Appendix E - Form E - Pre-acquisition Notification Form Regarding the Potential Competitive Impact of a Proposed Merger or Acquisition by a Non-domiciliary Insurer Doing Business in this State or by a Domestic Insurer

Current through Register Vol. 30, No. 28, July 12, 2024
PRE-ACQUISITION NOTIFICATION FORM
REGARDING THE POTENTIAL COMPETITIVE
				  IMPACT
OF A PROPOSED MERGER OR ACQUISITION BY A
NON-DOMICILIARY INSURER DOING BUSINESS IN
				  THIS
STATE OR BY A DOMESTIC INSURER
__________________________________________
Name of Applicant
__________________________________________
Name of Other Person Involved in Merger or Acquisition
Filed with the Arizona Department of Insurance and
				  Financial Institutions
Dated:_________, 20_____
Name, title, address and telephone number of person
				  completing this statement:
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
ITEM 1. NAME AND ADDRESS
[State the name and addresses of the persons who hereby
				  provide notice of their involvement in a pending acquisition or change in
				  corporate control.]
ITEM 2. NAME AND ADDRESSES OF AFFILIATED
				  COMPANIES
[State the names and addresses of the persons affiliated with
				  those listed in Item 1. Describe their affiliations.]
ITEM 3. NATURE AND PURPOSE OF THE PROPOSED MERGER OR
				  ACQUISITION
[State the nature and purpose of the proposed merger or
				  acquisition.]
ITEM 4. NATURE OF BUSINESS
[State the nature of the business performed by each of the
				  persons identified in response to Item 1 and Item 2.]
ITEM 5. MARKET AND MARKET SHARE
[State specifically what market and market share in each
				  relevant insurance market the persons identified in Item 1 and Item 2 currently
				  enjoy in this state. Provide historical market and market share data for each
				  person identified in Item 1 and Item 2 for the past five years and identify the
				  source of such data. Provide a determination as to whether the proposed
				  acquisition or merger, if consummated, would violate the competitive standards
				  of the state as stated in A.R.S. §
									20-481.25(D). If
				  the proposed acquisition or merger would violate competitive standards, provide
				  justification of why the acquisition or merger would not substantially lessen
				  competition or create a monopoly in the state.]
For purposes of this question, market means direct written
				  insurance premium in this state for a line of business as contained in the
				  annual statement required to be filed by insurers licensed to do business in
				  this state.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 16 - CREDIT FOR REINSURANCE › Part A - CREDIT FOR REINSURANCE › Section R20-6-A1601 - Credit for Reinsurance - Reinsurer Licensed in Arizona

Current through Register Vol. 30, No. 28, July 12, 2024
Pursuant to A.R.S. §
										20-261.05(B),
					 A.R.S. §
										20-3602(C)
					  the Director shall allow credit for
					 reinsurance ceded by a domestic insurer to an assuming insurer that was
					 licensed in Arizona as of any date on which statutory financial statement
					 credit for reinsurance is claimed.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 16 - CREDIT FOR REINSURANCE › Part A - CREDIT FOR REINSURANCE › Section R20-6-A1602 - Credit for Reinsurance - Accredited Reinsurers

Current through Register Vol. 30, No. 28, July 12, 2024
A. Pursuant to A.R.S. §
										20-261.05(C),
				  A.R.S. §
										20-3602(D)
				   the Director shall allow credit for
				  reinsurance ceded by a domestic insurer to an assuming insurer that is
				  accredited as a reinsurer in Arizona as of the date on which statutory
				  financial statement credit for reinsurance is claimed.
B. An accredited reinsurer must:
1. File a properly executed Form AR-1,
				  attached as Appendix A to this Part, as evidence of its submission to the
				  Director's jurisdiction and to the Director's authority to examine its books
				  and records;
2. File with the
				  Director a certified copy of a certificate of authority or other acceptable
				  evidence that it is licensed to transact insurance or reinsurance in at least
				  one state, or, in the case of a U.S. branch of an alien assuming insurer, is
				  entered through and licensed to transact insurance or reinsurance in at least
				  one state;
3. File annually with
				  the Director a copy of its annual statement filed with the insurance department
				  of its state of domicile or, in the case of an alien assuming insurer, with the
				  state through which it is entered and in which it is licensed to transact
				  insurance or reinsurance, and a copy of its most recent audited financial
				  statement; and
4. Maintain a
				  surplus as regards policyholders in an amount not less than $20 million, or
				  obtain the affirmative approval of the Director upon a finding that it has
				  adequate financial capacity to meet its reinsurance obligations and is
				  otherwise qualified to assume reinsurance from domestic insurers.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 16 - CREDIT FOR REINSURANCE › Part A - CREDIT FOR REINSURANCE › Section R20-6-A1603 - Credit for Reinsurance - Reinsurer Domiciled in Another State

Current through Register Vol. 30, No. 28, July 12, 2024
A. Pursuant to
				  A.R.S. §
										20-261.05(D),
				  A.R.S. §
										20-3602(E)
				   the Director shall allow credit for
				  reinsurance ceded by a domestic insurer to an assuming insurer that as of any
				  date on which statutory financial credit for reinsurance is claimed:
1. Is domiciled in (or, in the case of a U.S.
				  branch of an alien assuming insurer, is entered through) a state that employs
				  standards regarding credit for reinsurance substantially similar to those
				  applicable under A.R.S. Title 20, Chapter 30 and this Part;
2. Maintains a surplus as regards
				  policyholders in an amount not less than $20 million; and
3. Files a properly executed From AR-1
				  (Exhibit A) with the Director as evidence of the submission to the Director's
				  authority to examine its books and records.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 16 - CREDIT FOR REINSURANCE › Part A - CREDIT FOR REINSURANCE › Section R20-6-A1607 - Asset or Reduction from Liability for Reinsurance Ceded to an Unauthorized Assuming Insurer not Meeting the Requirements of Sections R20-6-A1601 through R20-6-A1606

Current through Register Vol. 30, No. 28, July 12, 2024
A. Pursuant
				  to A.R.S. §
										20-3603,
				  the Director shall allow a reduction from liability for reinsurance ceded by a
				  domestic insurer to an assuming insurer not meeting the requirements of A.R.S.
				  §
										20-3602
				  in an amount not exceeding the liabilities carried by the ceding insurer. The
				  reduction shall be in the amount of funds held by or on behalf of the ceding
				  insurer, including funds held in trust for the exclusive benefit of the ceding
				  insurer, under a reinsurance contract with such assuming insurer as security
				  for the payment of obligations under the reinsurance contract. The security
				  shall be held in the United States subject to withdrawal solely by, and under
				  the exclusive control of, the ceding insurer or, in the case of a trust, held
				  in a qualified United States financial institution as defined in A.R.S. §
										20-3601.
				  This security may be in the form of any of the following:
1. Cash;
2. Securities listed by the Securities
				  Valuation Office of the NAIC, including those deemed exempt from filing as
				  defined by the Purposes and Procedures Manual of the Securities Valuation
				  Office, and qualifying as admitted assets;
3. Clean, irrevocable, unconditional, and
				  "evergreen" letters of credit issued or confirmed by a qualified United States
				  institution, as defined in A.R.S. §
											20-3601,
				  effective no later than December 31 of the year for which filing is being made,
				  and in the possession of, or in trust for, the ceding insurer on or before the
				  filing date of its annual statement. Letters of credit meeting applicable
				  standards of issuer acceptability as of the dates of their issuance (or
				  confirmation) shall, notwithstanding the issuing (or confirming) institution's
				  subsequent failure to meet applicable standards of issuer acceptability,
				  continue to be acceptable as security until their expiration, extension,
				  renewal, modification or amendment, whichever first occurs; or
4. Any other form of security acceptable to
				  the Director.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 16 - CREDIT FOR REINSURANCE › Part A - CREDIT FOR REINSURANCE › Section R20-6-A1608 - Trust Agreements Qualified under Section R20-6-A1607; Letters of Credit Qualified under Section R20-6-A1607

Current through Register Vol. 30, No. 28, July 12, 2024
A. As used in this Section: Trust agreements
				  - definitions. As used in subsections B through G of this Section:
1. "Beneficiary" includes any successor by
				  operation of law of the named beneficiary, including without limitation any
				  liquidator, rehabilitator, receiver, or conservator.
2. "Grantor" means the entity that has
				  established a trust for the sole benefit of the beneficiary. When established
				  in conjunction with a reinsurance agreement, the grantor is the unlicensed,
				  unaccredited assuming insurer.
3.
				  "Obligations," as used in subsection (B)(11) of this Section, means:
a. Reinsured losses and allocated loss
				  expenses paid by the ceding company but not recovered from the assuming
				  insurer;
b. Reserves for reinsured
				  losses reported and outstanding;
c.
				  Reserves for reinsured losses incurred but not reported; and
d. Reserves for allocated reinsured loss
				  expenses and unearned premiums.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 16 - CREDIT FOR REINSURANCE › Part A - CREDIT FOR REINSURANCE › Section R20-6-A1609 - Other Security; Reinsurance Contract; Contracts Affected

Current through Register Vol. 30, No. 28, July 12, 2024
A. Other Security. A
				  ceding insurer may take credit for unencumbered funds withheld by the ceding
				  insurer in the United States subject to withdrawal solely by the ceding insurer
				  and under its exclusive control.
B.
				  Reinsurance Contract. Credit will not be granted, nor an asset or reduction
				  from liability allowed, to a ceding insurer for reinsurance effected with
				  assuming insurers meeting the requirements of Sections R20-6-A1601 through
				  R20-6-A1605 or Section R20-6-A1607 of this Article or otherwise in compliance
				  with A.R.S. §
										20-3602
				  after the adoption of this Part unless the reinsurance agreement:
1. Includes a proper insolvency clause, which
				  stipulates that reinsurance is payable directly to the liquidator or successor
				  without diminution regardless of the status of the ceding company, pursuant to
				  A.R.S. §
											20-261(C);
2. Includes a provision pursuant to A.R.S.
				  §
											20-3602
				  whereby the assuming insurer, if an unauthorized assuming insurer, has
				  submitted to the jurisdiction of an alternative dispute resolution panel or
				  court of competent jurisdiction within the United States, has agreed to comply
				  with all requirements necessary to give the court or panel jurisdiction, has
				  designated an agent upon whom service of process may be effected, and has
				  agreed to abide by the final decision of the court or panel; and
3. Includes a proper reinsurance intermediary
				  clause, if applicable, which stipulates that the credit risk for the
				  intermediary is carried by the assuming insurer.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 16 - CREDIT FOR REINSURANCE › Part A - CREDIT FOR REINSURANCE › Exhibit A - Form AR-1, Certificate of Assuming Insurer

Current through Register Vol. 30, No. 28, July 12, 2024
Click
					 here to view
(title of officer)
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 16 - CREDIT FOR REINSURANCE › Part A - CREDIT FOR REINSURANCE › Exhibit C - Form CR-F Instructions

Current through Register Vol. 30, No. 28, July 12, 2024
Part 1
- Assumed Reinsurance as of December
					 31, Current Year (000 Omitted) Create a spreadsheet with the following columns
					 (total each column 5 through 15):
1.
				  ID Number/Company Code
2. This
				  column is intentionally left blank
3. Name of Reinsured
4. Domiciliary Jurisdiction
5. Assumed Premium
6. Reinsurance on Paid Losses and Loss
				  Adjustment Expenses
7. Reinsurance
				  on Known Case Losses and LAE
8.
				  Cols. 6 + 7
9. Contingent
				  Commissions Payable
10. Assumed
				  Premium Receivable
11. Unearned
				  Premium
12. Funds Held By or
				  Deposited With Reinsured Companies
13. Letters of Credit Posted
14. Amount of Assets Pledged or Compensating
				  Balances to Secure Letters of Credit
15. Amount of Assets Pledged or Collateral
				  Held in Trust Each row shall list each insurer for which reinsurance is assumed
				  for the calendar year.
Part 2
- Ceded Reinsurance as of December 31,
					 Current Year (000 Omitted) Create a spreadsheet with the following columns
					 (total each column 6 through 19):
1. ID
				  Number/Company Code
2. This column
				  is intentionally left blank
3. Name
				  of Reinsurer
4. Domiciliary
				  Jurisdiction
5. Reinsurance
				  Contracts Ceding 75% or More of Direct Premiums Written
6. Reinsurance Premiums Ceded
7. Reinsurance Recoverable on Paid
				  Losses
8. Reinsurance Recoverable
				  on Paid LAE
9. Reinsurance
				  Recoverable on Known Case Loss Reserves
10. Reinsurance Recoverable on Known Case LAE
				  Reserves
11. Reinsurance
				  Recoverable on IBNR Loss Reserves
12. Reinsurance Recoverable on IBNR LAE
				  Reserves
13. Reinsurance
				  Recoverable on Unearned Premiums
14. Reinsurance Recoverable on Contingent
				  Commissions
15. Cols. 7 through 14
				  Totals
16. Reinsurance Payable
				  Ceded Balances Payable
17.
				  Reinsurance Payable Other Amounts Due to Reinsurers
18. Net Amount Recoverable From Reinsurers,
				  Cols. 15 - [16 + 17]
19. Funds Held
				  by Company Under Reinsurance Treaties
Each row shall list each insurer to whom reinsurance was
					 ceded for the calendar year.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 16 - CREDIT FOR REINSURANCE › Part A - CREDIT FOR REINSURANCE › Exhibit E - Form RJ-1, Certificate of Reinsurer Domiciled in Reciprocal Jurisdiction

Current through Register Vol. 30, No. 28, July 12, 2024
Click
					 here to view
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 16 - CREDIT FOR REINSURANCE › Part B - TERM AND UNIVERSAL LIFE INSURANCE RESERVE FINANCING › Section R20-6-B1601 - Applicability; Exemptions; Definitions; Severability; Prohibition Against Avoidance

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Applicability. Part B of this Article shall apply to reinsurance treaties that
				  cede liabilities pertaining to Covered Policies, as that term is defined in
				  subsection (C) of this Section, issued by any life insurance insurer domiciled
				  in this state. Parts A and B of this Article shall both apply to such
				  reinsurance treaties provided, that in the event of a direct conflict between
				  the provisions of Part B and Part A, the provisions of Part B shall apply but
				  only to the extent of the conflict.
B. Exemptions. Part B of this Article does
				  not apply to the following situations:
1.
				  Reinsurance of:
a. Policies that satisfy the
				  criteria for exemption set forth in A.R.S. §
												20-510
				  and which are issued before the later of:
i.
				  The effective date of this Part B; and
ii. The date on which the ceding insurer
				  begins to apply the provisions of VM-20 to establish the ceded policies'
				  statutory reserves, but in no event later than January 1, 2020;
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 17 - EXAMINATIONS › Section R20-6-1701 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
A. "Company" means any person engaging in or proposing or
				  attempting to engage in any transaction or kind of insurance or surety business
				  and any person or group of persons who may otherwise be subject to the
				  administrative, regulatory or taxing authority of the Director.
B. "Examination" shall be defined for purposes of this
				  Article to mean any examination relating to the financial condition of a
				  company.
C. "Examiner" means any individual or firm having been
				  authorized by the Director to conduct an examination under this
				  Article.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 17 - EXAMINATIONS › Section R20-6-1702 - Authority, Scope, and Scheduling of Examinations

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Director shall examine an insurer
				under A.R.S. §
									20-156(A)
				 at least once every five years.
B. Instead of the examination under
				subsection (A), the Director may accept the most recent examination report
				prepared by the National Association of Insurance Commissioners insurance
				regulatory authority of another state on any foreign or alien insurer if:
1. The insurance regulatory authority was
				accredited under the National Association of Insurance Commissioners' Financial
				Regulation Standards and Accreditation Program at the time of the
				examination,
2. A National
				Association of Insurance Commissioners accredited insurance regulatory
				authority supervised the examination, or
3. At least one examiner employed or
				contracted by a National Association of Insurance Commissioners accredited
				insurance regulatory
a. Participated in and
				reviewed the examination work papers and report, and
b. Signed an affidavit stating that the
				examination was performed in a manner consistent with the standards and
				procedures required by the National Association of Insurance Commissioners
				accredited insurance regulatory authority.