Title 26.1 — Insurance
118 chapters · 1,472 sections in this title.
N.D.C.C. § 26.1-17.1-01 Definitions
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As used in this chapter, unless otherwise defined in this chapter: 1. "Enrollee" means an individual, including dependents, who is entitled to limited health services pursuant to a contract with an entity authorized to provide or arrange for such services under this chapter. 2. "…
N.D.C.C. § 26.1-17.1-02 Certificate of authority required
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A person, corporation, partnership, or other entity may not operate a prepaid limited health service organization in this state without obtaining and maintaining a certificate of authority from the commissioner pursuant to this chapter.
N.D.C.C. § 26.1-17.1-03 Application for certificate of authority
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An application for a certificate of authority to operate a prepaid limited health service organization must be filed with the commissioner on a form prescribed by the commissioner. Such application must be verified by an officer or authorized representative of the applicant and m…
N.D.C.C. § 26.1-17.1-04 Issuance of certificate of authority - Denial
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1. Following receipt of an application filed pursuant to section 26.1-17.1-03, the commissioner shall review such application and notify the applicant of any deficiencies. The commissioner shall issue a certificate of authority to an applicant provided that the following conditio…
N.D.C.C. § 26.1-17.1-05 Effect on organizations operating on effective date of this chapter
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Within ninety days after August 1, 1993, every prepaid limited health service organization operating in this state without a certificate of authority shall submit an application for a certificate of authority to the commissioner. Each such organization may continue to operate dur…
N.D.C.C. § 26.1-17.1-06 Filing requirements for authorized entities
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1. Any entity authorized pursuant to the laws of this state to operate a health maintenance organization, an accident and health insurance company, a nonprofit health, hospital, or medical service corporation, or a fraternal benefit society and which is not otherwise authorized p…
N.D.C.C. § 26.1-17.1-08 Evidence of coverage
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1. Every subscriber must be issued an evidence of coverage, which must contain a clear and complete statement of: a. The limited health services to which each enrollee is entitled. b. Any limitation of the services, kinds of services or benefits to be provided, and exclusions, in…
N.D.C.C. § 26.1-17.1-09 Rates and charges
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The rates and charges must be reasonable in relation to the services provided. The commissioner may request information from the prepaid limited health service organization supporting the appropriateness of the rates and charges.
N.D.C.C. § 26.1-17.1-10 Construction with other laws
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1. a. A prepaid limited health service organization organized under the laws of this state must be deemed to be a domestic insurer for purposes of chapter 26.1-10 unless specifically exempted in writing from one or more of the provisions of such act by the commissioner. b. A prep…
N.D.C.C. § 26.1-17.1-11 Nonduplication of coverage
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Notwithstanding any other law of this state, a prepaid limited health service organization, health maintenance organization, accident and health insurance company, nonprofit health or hospital or medical service corporation, or fraternal benefit society may exclude, in any contra…
N.D.C.C. § 26.1-17.1-12 Complaint system
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Every prepaid limited health service organization shall establish and maintain a complaint system providing reasonable procedures for resolving written complaints initiated by enrollees and providers. Nothing herein may be construed to preclude an enrollee or a provider from fili…
N.D.C.C. § 26.1-17.1-13 Examination of organization
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1. For purposes of examination, expenses of examination, and tax credits therefor, each prepaid limited health service organization is subject to the laws applicable to insurance companies. 2. In lieu of such examination, the commissioner may accept the report of an examination m…
N.D.C.C. § 26.1-17.1-14 Investments
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The funds of a prepaid limited health service organization may be invested only in accordance with the laws and rules applicable to insurance companies.
N.D.C.C. § 26.1-17.1-15 Insurance producers
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No individual may apply, procure, negotiate, or place for others any policy or contract of a prepaid limited health service organization unless that individual holds a license or is otherwise duly authorized to sell accident and health insurance policies, health, hospital or medi…
N.D.C.C. § 26.1-17.1-16 Contracts with providers
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All contracts with providers or with entities subcontracting for the provision of limited health services to enrollees on a prepayment or other basis must contain or must be construed to contain the following terms and conditions: 1. In the event the prepaid limited health servic…
N.D.C.C. § 26.1-17.1-17 Protection against insolvency - Deposit
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1. a. Except as approved in accordance with subsection 3, each prepaid limited health service organization shall, at all times, have and maintain tangible net equity equal to the greater of: (1) Fifty thousand dollars; or (2) Two percent of the organization's annual gross premium…
N.D.C.C. § 26.1-17.1-18 Officers and employees fidelity bond
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1. A prepaid limited health service organization shall maintain in force a fidelity bond in its own name on its officers and employees in an amount not less than fifty thousand dollars or in any other amount prescribed by the commissioner. Except as otherwise provided by this sub…
N.D.C.C. § 26.1-17.1-19 Reports
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1. Every prepaid limited health service organization shall file with the commissioner annually, on or before March first, a report verified by at least two principal officers covering the preceding calendar year. 2. Such report must be on forms prescribed by the commissioner and …
N.D.C.C. § 26.1-17.1-20 Suspension or revocation of certificate of authority
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1. The commissioner may suspend or revoke the certificate of authority issued to a prepaid limited health service organization pursuant to this chapter upon determining that any of the following conditions exist: a. The prepaid limited health service organization is operating sig…
N.D.C.C. § 26.1-17.1-21 Penalties
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In lieu of any penalty specified elsewhere in this chapter, or when no penalty is specifically provided, whenever any prepaid limited health service organization or other person, corporation, partnership, or entity subject to this chapter has been found after hearing to have viol…
N.D.C.C. § 26.1-17.1-22 Rehabilitation, conservation, or liquidation
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1. Any rehabilitation, conservation, or liquidation of a prepaid limited health service organization must be deemed to be the rehabilitation, conservation, or liquidation of an insurance company and must be conducted pursuant to chapter 26.1-06.1. 2. Prepaid limited health servic…
N.D.C.C. § 26.1-17.1-23 Fees
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Every prepaid limited health service organization is subject to the fees set out in section 26.1-01-07.
N.D.C.C. § 26.1-17.1-24 Confidentiality
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1. Any information pertaining to the diagnosis, treatment, or health of any enrollee obtained from such person or from any provider by any prepaid limited health service organization and any contract with providers submitted pursuant to the requirements of this chapter must be he…
N.D.C.C. § 26.1-17.1-25 Taxes
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Every prepaid limited health service organization is subject to the tax provided in section 26.1-03-17 as it pertains to health maintenance organizations, and each prepaid limited health service organization is entitled to the same tax deductions, reductions, abatements, and cred…
N.D.C.C. § 26.1-17.1-26 Rulemaking
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The commissioner may adopt reasonable rules necessary in the implementation of this chapter.