Title 38a — Title 38a: Insurance

Sec. 38a-156w. Effect of division. (a) When a division becomes effective pursuant to subsection (d) of section 38a-156v: (1) If the dividing insurer has survived the division: (A) It continues to exist; (B) its public organic document, if any, shall be amended as provided in the …

Sec. 38a-156x. Responsibility and liability of resulting insurers. (a) Except as provided in this section, when a division becomes effective, a resulting insurer is responsible: (1) Individually for the policies and other liabilities the resulting insurer issues, undertakes or in…

Sec. 38a-156y. Appraisal rights. (a) A shareholder of a dividing insurer is entitled to appraisal rights and to obtain payment of the fair value of that shareholder's shares, pursuant to sections 33-855 to 33-868, inclusive, if the dividing insurer is a business corporation. (b) …

Sec. 38a-156z. Regulations. The commissioner may adopt such regulations, in accordance with chapter 54, as are necessary to carry out the provisions of sections 38a-156r to 38a-156y, inclusive. (P.A. 17-2, S. 9.)

Secs. 38a-157 to 38a-159. Reserved for future use. PART VII INSURANCE PREMIUM FINANCE COMPANIES

Sec. 38a-160. (Formerly Sec. 38-290). Exceptions. The provisions of sections 38a-160 to 38a-170, inclusive, shall not apply with respect to (a) any insurance company licensed to do business in this state, or (b) any state bank and trust company, savings bank, savings and loan ass…

Sec. 38a-161. (Formerly Sec. 38-291). Definitions. The following terms as used in sections 38a-160 to 38a-170, inclusive, unless the context otherwise requires, or a different meaning is specifically prescribed, shall have the following meanings: (1) “Insurance premium finance co…

Sec. 38a-162. (Formerly Sec. 38-292). License required. Expiration. Fee. Required information. (a) No person shall engage in the business of financing insurance premiums, secured by any insurance premium finance agreement, in this state without having first obtained from the comm…

Sec. 38a-163. (Formerly Sec. 38-293). Application for license. Investigation. Hearing on license denial. Issuance or renewal. (a) Each applicant for an insurance premium finance company license or for any renewal of such license shall file with the commissioner a written applicat…

Sec. 38a-164. (Formerly Sec. 38-294). Revocation, suspension or refusal to renew license. Hearing. Fine. Petition to show cause. (a) The commissioner may revoke, suspend or refuse to renew the license of any insurance premium finance company if after investigation it appears to t…

Sec. 38a-165. (Formerly Sec. 38-295). Records of licensee. (a) Every licensee under sections 38a-160 to 38a-170, inclusive, shall maintain records of his insurance premium financing transactions and such records shall be open to examination and investigation by the commissioner. …

Sec. 38a-166. (Formerly Sec. 38-296). Regulations. The commissioner may promulgate such reasonable regulations as he deems necessary to carry out the provisions of sections 38a-160 to 38a-170, inclusive, and to establish the manner in which licensees under said sections shall con…

Sec. 38a-167. (Formerly Sec. 38-297). Insurance premium finance agreement requirements. (a) Every insurance premium finance agreement shall (1) be dated, signed by or on behalf of the insured, and the printed portion thereof shall be in at least eight-point type; (2) contain the …

Sec. 38a-168. (Formerly Sec. 38-298). Service charge. (a) No insurance premium finance company shall charge, contract for, receive or collect any service charge in respect of any consumer insurance premium finance agreement except as permitted under the provisions of subsection (…

Sec. 38a-169. (Formerly Sec. 38-299). Delinquency charge. Any insurance premium finance agreement may provide for the payment by the insured of a delinquency charge of not more than five per cent of any installment, due under such agreement, which is delinquent by five days or mo…

Sec. 38a-170. (Formerly Sec. 38-300). Cancellation of insurance contract on default of insured. (a) When an insurance premium finance agreement contains a power of attorney enabling the insurance premium finance company to cancel any insurance contract or contracts listed in the …

Secs. 38a-171 to 38a-174. Reserved for future use.

Sec. 38a-175. (Formerly Sec. 33-179a). Definitions. As used in this section and sections 38a-176 to 38a-194, inclusive: (1) “Healing arts” means the professions and occupations licensed under the provisions of chapters 370, 372, 373, 375, 378, 379, 379a, 380, 381, 383 and 400j. (…

Sec. 38a-176. (Formerly Sec. 33-179b). Applicable statutes. Activities and purposes of health care center. (a) Each health care center shall be governed by sections 38a-175 to 38a-194, inclusive, and by the other applicable laws of the state to the extent not inconsistent with th…

Sec. 38a-177. (Formerly Sec. 33-179c). Manner of providing health care. A health care center may provide health care (1) directly or by its employees or contractors licensed by this state to render such services, or by contract or by indemnity arrangement with any hospital, hospi…

Sec. 38a-178. (Formerly Sec. 33-179e). Organization. Persons desiring to form a health care center may organize under the general law of the state governing corporations, partnerships, associations or trusts, subject to the following provisions: (1) The certificate of incorporati…

Sec. 38a-179. (Formerly Sec. 33-179g). Management of domestic health care center. Directors. (a) If a domestic health care center is organized as a nonprofit, nonstock corporation, the care, control and disposition of the property and funds of each such corporation and the genera…

Sec. 38a-180. (Formerly Sec. 33-179h). Clinics. Liability of practitioners to reprimand or discipline. Choice in selection of practitioner. (a) Any clinic established under sections 38a-175 to 38a-194, inclusive, including a clinic that is a part of a medical service center or ot…

Sec. 38a-181. (Formerly Sec. 33-179i). Acceptance of payments, grants and loans for cost of operation. A health care center governed by sections 38a-175 to 38a-194, inclusive, may accept from governmental agencies, or from private agencies, corporations, associations, groups or i…

Sec. 38a-182. (Formerly Sec. 33-179j). Agreements with subscribers. Agreement requirements. Evidence of coverage. (a) An agreement issued by a health care center governed by sections 38a-175 to 38a-194, inclusive, may be issued for health care or the costs thereof to a subscriber…

Sec. 38a-183. (Formerly Sec. 33-179k). Approval of rates to be paid by subscribers and agreements. Capital Reserve Fund. Prescription drug rebates. (a)(1) A health care center governed by sections 38a-175 to 38a-194, inclusive, shall not enter into any agreement with subscribers …

Sec. 38a-184. (Formerly Sec. 33-179l). Expenditure of funds. Each health care center governed by sections 38a-175 to 38a-194, inclusive, may expend sums, including sums in the capital reserve fund as provided in subsection (c) of section 38a-183, for the following objects and pur…

Sec. 38a-185. (Formerly Sec. 33-179m). Appeal from commissioner. Resolution of dispute between community member and corporation. From any order or decision of the commissioner relating to any health care center governed by sections 38a-175 to 38a-194, inclusive, an appeal may be …

Sec. 38a-186. (Formerly Sec. 33-179n). Disposition of property on termination. Prohibitions re stock transactions and mergers. (a) In the event of the dissolution, liquidation or termination of the corporate existence of a domestic health care center that is organized as a nonpro…

Sec. 38a-187. (Formerly Sec. 33-179o). Investments. Use of ancillary equipment and facilities. A health care center governed by sections 38a-175 to 38a-194, inclusive, may purchase, lease, construct, renovate, operate and maintain medical facilities and equipment ancillary to suc…

Sec. 38a-188. (Formerly Sec. 33-179p). Applicability of certain insurance statutes. Regulations re evaluation of financial condition. Exemption from certain taxes. (a) Each health care center governed by sections 38a-175 to 38a-194, inclusive, shall be exempt from the provisions …

Sec. 38a-189. (Formerly Sec. 33-179q). Workers' Compensation Act not affected. No provision of sections 38a-175 to 38a-194, inclusive, nor any contract for health care by a health care center governed by said sections shall, in any way, affect the operation of the Workers' Compen…

Sec. 38a-190. (Formerly Sec. 33-179r). Inapplicability of other laws. Any provisions of the statutes of this state regulating group medical, dental or other professions or occupations dealing with health care which is in conflict with sections 38a-175 to 38a-194, inclusive, shall…

Sec. 38a-191. (Formerly Sec. 33-179s). Authority of insurance companies not affected. Nothing in sections 38a-175 to 38a-194, inclusive, shall preclude an insurance company authorized to conduct an accident and health insurance business in this state from performing marketing, en…

Sec. 38a-192. (Formerly Sec. 33-179u). Regulations by Insurance Commissioner. The commissioner may adopt such regulations, in accordance with the provisions of chapter 54, as shall be necessary to carry out the provisions of sections 38a-175 to 38a-194, inclusive. (P.A. 86-154, S…

Sec. 38a-193. Protection against insolvency. (a) Net worth requirements. (1) Before issuing any certificate of authority to any health care center on or after July 1, 1990, the commissioner shall require that a health care center have: (A) An initial net worth of one million five…

Sec. 38a-193a. Uncovered expenditures insolvency deposit by health care center. Requirements. Withdrawal of deposit. Regulations. Section 38a-193a is repealed, effective July 1, 2019. (P.A. 07-178, S. 2; P.A. 19-125, S. 15.)

Sec. 38a-194. Enrollment period. Replacement coverage in the event of insolvency. (a) Enrollment period. In the event of an insolvency of a health care center, upon order of the commissioner, all other carriers that participated in the enrollment process with the insolvent health…

Secs. 38a-195 to 38a-198. Reserved for future use. PART II* HOSPITAL SERVICE CORPORATIONS *See chapter 698b re prepaid legal services and formation of nonprofit legal service plans. See Sec. 38a-470 re liens on workers' compensation awards in favor of hospital service corporation…

Sec. 38a-199. (Formerly Sec. 33-157). Definition. Powers. Exemption from insurance laws. Reserves. (a) A hospital service corporation is defined as a non-profit-sharing corporation without capital stock organized under the laws of the state for the purpose of establishing, mainta…

Sec. 38a-200. (Formerly Sec. 33-158). Incorporation. Representation of policyholders on board of directors. Persons desiring to form a hospital service corporation may incorporate under the general law of the state governing corporations, but subject to the following provisions: …

Sec. 38a-201. (Formerly Sec. 33-159). Form of contract. No contract between any such corporation and subscribers shall entitle more than one person to services, except that such contract may be issued for service to a subscriber and spouse, to a subscriber and family, to a subscr…

Sec. 38a-202. (Formerly Sec. 33-160). Reports and examinations. Each such corporation shall annually, on or before March first, file in the office of the Insurance Commissioner a statement, verified by at least two of its principal officers, showing its condition on the thirty-fi…

Sec. 38a-203. (Formerly Sec. 33-161). Investments. Such corporations shall not invest in real estate mortgages, but may invest in other securities permitted by the general statutes for the investment of trust funds, and in such other securities alone. (1949 Rev., S. 5274.) Histor…

Sec. 38a-204. (Formerly Sec. 33-162). Liquidation or rehabilitation. Mergers. Each such corporation shall be subject to liquidation, dissolution or rehabilitation, and such proceeding shall be under the supervision of the Insurance Commissioner, who shall have such powers hereund…

Sec. 38a-205. (Formerly Sec. 33-163). Workers' compensation law not affected. No provision of sections 38a-199 to 38a-209, inclusive, nor any contract for hospital or other health service by any such corporation shall, in any way, affect the operation of the Workers' Compensation…

Sec. 38a-206. (Formerly Sec. 33-164). Fraternal benefit societies and life or accident insurance companies not affected. Fraternal benefit societies and life and accident insurance companies or accident insurance companies shall not be affected by any provision of sections 38a-19…

Sec. 38a-207. (Formerly Sec. 33-165). Exemption from taxation. All property of any such corporation shall be exempt from state, district and municipal taxes. (1949 Rev., S. 5279.) History: Sec. 33-165 transferred to Sec. 38a-207 in 1991. Annotation to former section 33-165: Cited…

Sec. 38a-208. (Formerly Sec. 33-166). Approval of rates to be paid by subscribers and contracts. (a) No such corporation shall enter into any contract with subscribers unless and until it has filed with the Insurance Commissioner a full schedule of the rates to be paid by the sub…

Sec. 38a-209. (Formerly Sec. 33-167). Appeal. From any order or decision of the Insurance Commissioner, an appeal may be taken by any person or corporation aggrieved thereby in accordance with the provisions of section 4-183. Any dispute which arises between a subscriber and a ho…