Title 38a — Title 38a: Insurance

Sec. 38a-1021. Additional provisions. The provisions of sections 38a-16, 38a-132, 38a-140 and 38a-815 to 38a-819, inclusive, shall be additional to any other powers to enforce any penalties, fines or forfeitures authorized by law. (P.A. 96-267, S. 22.)

Sec. 38a-1022. Regulations. The commissioner shall adopt such reasonable regulations as he deems necessary to carry out the provisions of subsection (e) of section 31-288 and sections 31-289b, 31-316, 31-345 and 38a-1000 to 38a-1023, inclusive. (P.A. 96-267, S. 23.)

Sec. 38a-1023. Severability. If any provision of subsection (e) of section 31-288 or section 31-289b, 31-316, 31-345 or 38a-1000 to 38a-1023, inclusive, or the application thereof to any person or circumstance is subsequently held to be invalid, such invalidity shall not affect o…

Secs. 38a-1024 to 38a-1029. Reserved for future use.

Sec. 38a-1030. Definitions. As used in sections 38a-1030 to 38a-1034, inclusive: (1) “Charitable gift annuity” means a transfer of cash or other property by a donor to a charitable organization in return for an annuity payable over one or two lives, under which the actuarial valu…

Sec. 38a-1031. Issuance of charitable gift annuity does not constitute engaging in the business of insurance. (a) The issuance of a qualified charitable gift annuity shall not constitute engaging in the business of insurance in this state. (b) A charitable gift annuity issued bef…

Sec. 38a-1032. Written disclosures. (a) When entering into an agreement for a qualified charitable gift annuity, the charitable organization shall disclose to the donor in writing in the annuity agreement that a qualified charitable gift annuity is not insurance under the laws of…

Sec. 38a-1033. Notice to commissioner. (a) A charitable organization that issues qualified charitable gift annuities shall notify the Insurance Commissioner, in writing, by the latter of January 1, 2000, or the date on which it enters into the organization's first qualified chari…

Sec. 38a-1034. Failure to comply with notice requirements. Validity of charitable gift annuity after failure to give notice. Penalties. The failure of a charitable organization to comply with the notice requirements imposed under section 38a-1032 or 38a-1033 shall not prevent a c…

Secs. 38a-1035 to 38a-1039. Reserved for future use.

Sec. 38a-1040. Definitions. As used in sections 38a-1040 to 38a-1050, inclusive: (1) “Consumer” means an individual who receives or is attempting to receive services from a managed care organization and is a resident of this state. (2) “Managed care organization” means an insurer…

Sec. 38a-1041. Office of the Healthcare Advocate established. Duties. (a) There is established an Office of the Healthcare Advocate which shall be within the Insurance Department for administrative purposes only. (b) The Office of the Healthcare Advocate may: (1) Assist health in…

Sec. 38a-1042. Appointment. (a) The Office of the Healthcare Advocate shall be under the direction of the Healthcare Advocate who shall be appointed by the Governor, with the approval of the General Assembly. The Healthcare Advocate shall be an elector of the state with expertise…

Sec. 38a-1043. Access to information. (a) Each managed care organization shall, when presented with the written consent of the consumer or the consumer's guardian or legal representative, provide to the Office of the Healthcare Advocate access to records relating to such consumer…

Sec. 38a-1044. State agency information and assistance. All state agencies shall comply with reasonable requests of the Office of the Healthcare Advocate for information and assistance. (P.A. 99-284, S. 5; P.A. 05-102, S. 11.) History: P.A. 05-102 renamed the Office of Managed Ca…

Sec. 38a-1045. Confidentiality of consumer identity. In the absence of the written consent of a consumer utilizing the services of the Office of the Healthcare Advocate or such consumer's guardian or legal representative or of a court order, the Office of the Healthcare Advocate,…

Sec. 38a-1046. Employers required to post advocate services. Each employer that provides health insurance or health care benefits to employees shall obtain from the Healthcare Advocate and post, in a conspicuous location, a notice concerning the services that the Healthcare Advoc…

Sec. 38a-1047. Conflicts of interest. (a) No Healthcare Advocate or person employed by the Office of the Healthcare Advocate may: (1) Have a direct involvement in the licensing, certification or accreditation of a managed care organization; (2) Have a direct ownership or investme…

Sec. 38a-1048. Acceptance of gifts and grants. Separate account established. (a) The Office of the Healthcare Advocate may apply for and accept grants, gifts and bequests of funds from other states, federal and interstate agencies and independent authorities and private firms, in…

Sec. 38a-1049. Advisory committee established. Annual evaluation. (a) There is established an advisory committee to the Office of the Healthcare Advocate which shall meet four times a year with the Healthcare Advocate and the staff of the Office of the Healthcare Advocate to revi…

Sec. 38a-1050. Report required by advocate. Contents. The Healthcare Advocate shall submit, not later than March first of each year, a report to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to public health and insur…

Sec. 38a-1051. Commission on Health Equity. Membership. Duties. Report to Governor and General Assembly. Section 38a-1051 is repealed, effective July 1, 2016. (P.A. 08-171, S. 1; P.A. 09-232, S. 9; Sept. Sp. Sess. P.A. 09-3, S. 38; P.A. 15-118, S. 59; May Sp. Sess. P.A. 16-3, S. …

Sec. 38a-1052. Office of the Cannabis Ombudsman established. Duties. (a) For the purposes of this section: (1) “Caregiver” has the same meaning as provided in section 21a-408; (2) “Marijuana” has the same meaning as provided in section 21a-240; (3) “Palliative use” has the same m…

Secs. 38a-1053 to 38a-1059. Reserved for future use.

Sec. 38a-1060. Office of the Behavioral Health Advocate established. Duties. (a) There is established an Office of the Behavioral Health Advocate which shall be within the Insurance Department for administrative purposes only. (b) The Office of the Behavioral Health Advocate may:…

Sec. 38a-1061. Behavioral Health Advocate appointment. (a) The Office of the Behavioral Health Advocate shall be under the direction of the Behavioral Health Advocate who shall be appointed by the Governor, with the approval of the General Assembly. The Behavioral Health Advocate…

Sec. 38a-1062. Advisory committee to the Office of the Behavioral Health Advocate established. Annual evaluation. (a) There is established an advisory committee to the Office of the Behavioral Health Advocate which shall meet four times a year with the Behavioral Health Advocate …

Secs. 38a-1063 to 38a-1079. Reserved for future use.

Sec. 38a-1080. Definitions. For purposes of sections 38a-1080 to 38a-1093, inclusive: (1) “Board” means the board of directors of the Connecticut Health Insurance Exchange; (2) “Commissioner” means the Insurance Commissioner; (3) “Exchange” means the Connecticut Health Insurance …

Sec. 38a-1081. Connecticut Health Insurance Exchange. Board of directors. Chief executive officer. Employees. (a) There is hereby created as a body politic and corporate, constituting a public instrumentality and political subdivision of the state created for the performance of a…

Sec. 38a-1082. Written procedures. Audits. (a) The board of directors of the exchange shall adopt written procedures, in accordance with the provisions of section 1-121, for: (1) Adopting an annual budget and plan of operations, including a requirement of board approval before th…

Sec. 38a-1083. Powers of exchange. Commissioner's authority to enforce payment of assessments or user fees. (a) For purposes of sections 38a-1080 to 38a-1093, inclusive, “purposes of the exchange” means the purposes of and the pursuit of the goals of the exchange expressed in and…

Sec. 38a-1084. Duties of exchange. The exchange shall: (1) Administer the exchange for both qualified individuals and qualified employers; (2) Commission surveys of individuals, small employers and health care providers on issues related to health care and health care coverage; (…

Sec. 38a-1084a. Consumer health information Internet web site. Reports to be provided to exchange. Hospital disclosures to patients. Commissioner of Social Services to submit Medicaid data to exchange. Section 38a-1084a is repealed, effective October 31, 2017. (P.A. 15-146, S. 2;…

Sec. 38a-1085. Qualified health plans. (a) The exchange shall make qualified health plans available to qualified individuals and qualified employers for coverage beginning on or before January 1, 2014. (b) (1) The exchange shall not make available any health benefit plan that is …

Sec. 38a-1086. Certification of health benefit plans. (a) The exchange may certify a health benefit plan as a qualified health plan if: (1) The plan includes, at a minimum, essential benefits as determined under the Affordable Care Act and the coverage requirements under chapter …

Sec. 38a-1087. Navigator grant program. (a) The exchange shall establish a Navigator grant program that shall award grants to certain entities to market the exchange for the purposes of: (1) Conducting public education activities to raise awareness of the availability of qualifie…

Sec. 38a-1088. State pledge to contractors. Exemption from taxes. (a) The state of Connecticut does hereby pledge to, and agree with, any person with whom the exchange may enter into contracts pursuant to the provisions of sections 38a-1080 to 38a-1093, inclusive, that the state …

Sec. 38a-1089. Annual report from chief executive officer. (a) Not later than January 1, 2012, and annually thereafter until January 1, 2014, the chief executive officer of the exchange shall report, in accordance with section 11-4a, to the Governor and the General Assembly on a …

Sec. 38a-1090. Applicability of Freedom of Information Act to exchange. Authority of commissioner. (a) The exchange shall continue as long as it shall have legal authority to exist pursuant to the general statutes and until its existence is terminated by law. Upon the termination…

Sec. 38a-1091. All-payer claims database program. All-Payer Claims Database Advisory Group. State-wide multipayer data initiative. Section 38a-1091 is repealed, effective October 31, 2017. (P.A. 13-247, S. 144; P.A. 15-118, S. 62; June Sp. Sess. P.A. 17-2, S. 732.)

Sec. 38a-1092. Quarterly report from board of directors. (a) Not later than March 31, 2014, and quarterly thereafter, the exchange board of directors shall report to the joint standing committees of the General Assembly having cognizance of matters relating to public health, huma…

Sec. 38a-1093. Subsidiaries. (a) The exchange may establish one or more subsidiaries for such purposes as prescribed by resolution of the board of directors of the exchange, which purposes shall be consistent with the purposes of the exchange, provided no subsidiary shall be esta…