Title 36, Title 36 — Insurance

A. Pursuant to terms and conditions of this act, the State of Oklahoma seeks to join with other states and establish the Interstate Insurance Product Regulation Compact, and thus become a member of the Interstate Insurance Product Regulation Commission. B. The Insurance Commissio…

It is intended that certain coverages may come within the definitions of two or more kinds of insurance as set forth in this article, and the fact that such a coverage is included within one definition shall not exclude such coverage as to any other kind of insurance within the d…

"Life insurance" is insurance on human lives and insurance appertaining thereto or connected therewith. The transacting of life insurance includes the granting of endowment benefits, additional benefits in the event of death or dismemberment by accident or accidental means, addit…

"Accident and health insurance" is insurance against bodily injury, disablement, or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto. Laws 1957, p. 239, § 703.

"Property insurance" is insurance on real or personal property of every kind and interest therein, against loss or damage from any or all hazard or cause, and against loss consequential upon such loss or damage, other than noncontractual legal liability for any such loss or damag…

"Marine insurance" includes: 1. Insurance against any and all kinds of loss or damage to vessels, craft, aircraft, cars, automobiles and vehicles of every kind, as well as all goods, freight, cargoes, merchandise, effects, disbursements, profits, moneys, bullion, precious stones,…

"Vehicle insurance" is insurance against loss of or damage to any land vehicle or aircraft or any draft or riding animal or to property while contained therein or thereon or being loaded or unloaded therein or therefrom, from any hazard or cause, and against any loss, liability o…

"Casualty insurance" includes vehicle insurance as defined in Section 706 and accident and health insurance as defined in Section 703, of this article, and in addition includes: 1. Liability insurance, which is insurance against legal liability for the death, injury, or disabilit…

"Surety insurance" includes: 1. Fidelity insurance, which is insurance guaranteeing the fidelity of persons holding positions of public or private trust. 2. Insurance guaranteeing the performance of contracts, other than insurance policies, and guaranteeing and executing bonds, u…

"Title insurance" is insurance of owners of property or others having an interest therein, or liens or encumbrances thereon, against loss by encumbrance, or defective titles, or invalidity, or adverse claim to title. Laws 1957, p. 242, § 709.

A. No insurer shall retain any risk on any one subject of insurance, whether located or to be performed in Oklahoma or elsewhere, in an amount exceeding ten percent (10%) of its surplus to policyholders. B. A "subject of insurance" for the purposes of this section, as to insuranc…

Sections 7101 through 7112 of this title shall be known and may be cited as the "Perpetual Care Fund Act". Added by Laws 1953, p. 16, § 1, emerg. eff. May 19, 1953. Amended by Laws 2010, c. 58, § 1, eff. July 1, 2010. Renumbered from § 161 of Title 8 by Laws 2010, c. 58, § 26, ef…

As used in the Perpetual Care Fund Act: 1. "Cemetery" or "cemeteries" means any land or structure in this state dedicated to or used, or intended to be used, for the interment of human remains; 2. "Burial space" means any grave space, lot, mausoleum crypt or niche, whether above …

Distribution methods A. In all cemeteries in this state where burial spaces are sold, not less than ten percent (10%) of the purchase price thereof shall be segregated and set aside as a permanent trust fund to be known as the "Perpetual Care Fund". The Perpetual Care Fund shall …

Donations, deposits or bequests may be made in trust by mutual agreement between the cemetery and lot owner or lot owners, for the special care of specified lots, monuments or mausoleums in any such cemetery, and such funds shall be invested in like manner as the Perpetual Care F…

Accumulated trust funds held by the trustee of the Perpetual Care Fund shall be invested in the manner provided in the Oklahoma Trust Act, Sections 175.1 through 175.57 of Title 60 of the Oklahoma Statutes, and any amendments thereto. The income derived therefrom shall be returne…

books and records. A. No owner of a cemetery shall maintain a Perpetual Care Trust Fund, or certificate of deposit in lieu of a Perpetual Care Trust Fund, unless the owner has received a permit from the Insurance Commissioner. Initial and renewal permit applications shall be file…

Every cemetery which provides prepayment financing programs to its customers under contracts in which a finance charge is made shall comply with all applicable provisions of the Uniform Consumer Credit Code, Sections 1-101 through 9-101 of Title 14A of the Oklahoma Statutes. Adde…

A. The provisions of the Perpetual Care Fund Act shall not apply to municipal, religious, fraternal, or nonprofit entities, free community burial grounds, county cemetery associations, Indian tribal cemeteries on tribal land and charitable or eleemosynary institutions operating c…

The Perpetual Care Fund Act shall be administered by the Insurance Commissioner. The Commissioner is authorized to promulgate reasonable rules and regulations concerning the keeping and inspection of records, the filing of contracts and reports, and all other matters concerning t…

Contract requirements. A. 1. No credit shall be allowed, as an admitted asset or as a deduction from liability, to any ceding insurer for reinsurance nor increase the amount it is authorized to have at risk unless the reinsurance contract provides, in substance, that in the event…

Any person, firm or corporation violating any of the provisions of the Perpetual Care Fund Act shall, upon conviction, be deemed guilty of a misdemeanor and shall be subject to a fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Five Hundred Dollars (…

It shall be unlawful for any owner or operator of a cemetery to accept money or anything of value under a contract entered into pursuant to the Perpetual Care Fund Act and fraudulently or intentionally fail or refuse to honor the contract providing for the improving, caring for, …

and fine. A. The Insurance Commissioner may initiate an action to recover payments required to be deposited to the State Insurance Commissioner Revolving Fund pursuant to the Perpetual Care Fund Act or to recover other monies received or disbursed in violation of the Perpetual Ca…

Any insurance company offering property and casualty insurance policies may, in lieu of mailing or delivering, post on their website standard policies and endorsements that do not contain personally identifiable information. If an insurer elects to provide standard policy and end…

Sections 7121 through 7135 of this title shall be known and may be cited as the "Cemetery Merchandise Trust Act". Added by Laws 1989, c. 297, § 17, eff. Nov. 1, 1989. Amended by Laws 2010, c. 58, § 11, eff. July 1, 2010. Renumbered from § 301 of Title 8 by Laws 2010, c. 58, § 38,…

As used in the Cemetery Merchandise Trust Act: 1. "Cemetery merchandise" means markers, memorials, vases, memorial vases, monuments, equipment, crypts, niches or outer enclosures. Cemetery merchandise shall not include the sale of lands or interests therein as grave lots or grave…

A. Any organization which shall accept money or anything of value for cemetery merchandise pursuant to a prepaid cemetery merchandise contract shall first obtain a permit from the Insurance Commissioner authorizing the transaction of this type of business before entering into the…

plans. A. The Cemetery Merchandise Trust Act, Sections 7121 through 7135 of this title, shall be administered by the Insurance Commissioner. The Commissioner is authorized to promulgate reasonable rules concerning the keeping and inspection of records, the filing of contracts and…

issue or renew permit - Appeal. A. Each organization desiring to accept money or anything of value for prepaid cemetery merchandise shall file an application for a permit with the Insurance Commissioner, and shall at the time of filing the application pay one initial filing fee o…

trust funds A. Each organization shall establish and maintain a cemetery merchandise trust fund with a financial institution having trust powers. A cemetery merchandise trust fund shall at all times be in the custody of a financial institution. Any cemetery merchandise trust fund…

A. As an alternative to the trust requirements of Section 7126 of this title, an organization may purchase a surety bond in an amount not less than the minimum funding requirement. B. The surety bond shall be made payable to the State of Oklahoma for the benefit of the Insurance …

Each organization shall electronically file an annual report with the Insurance Commissioner on or before March 15 of each year in the manner and form as the Commissioner may require, showing the name of the financial institution holding the cemetery merchandise trust fund and th…

The Insurance Commissioner may examine each organization so as to approve the determination by the organization of the wholesale costs made pursuant to Section 7126 of this title. The examination shall be conducted pursuant to Sections 309.1 through 309.7 of Title 36 of this titl…

In the event the Insurance Commissioner determines that monies have been improperly paid by the trustee to the organization during the period covered by the examination, the Commissioner shall order the organization to redeposit to the trust the monies improperly withdrawn within…

A. The Insurance Commissioner, may, after notice and an opportunity for hearing, initiate an action to recover payments required to be redeposited to the cemetery merchandise trust pursuant to the Cemetery Merchandise Trust Act or to recover other monies received or disbursed in …

certain funds prohibited. In the absence of fraud, all funds held in a cemetery merchandise contract shall not be subject to attachment, garnishment or other legal process, or be seized, taken, appropriated or applied to pay any debt or liability of the organization, purchaser or…

for receivership. Whenever any officer of any organization refuses to submit the books, records, papers and instruments of an organization to the examination and inspection of the assistants or examiners of the Insurance Commissioner, or refuses or neglects to establish or mainta…

Any organization, or its officers or directors, which violate any provision of the Cemetery Merchandise Trust Act shall, upon conviction, be deemed guilty of a misdemeanor and shall be subject to a fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Fiv…

Upon the effective date of this act, all monies received by the State Banking Commissioner pursuant to the Cemetery Merchandise Trust Act and all monies deposited in the Cemetery Merchandise Trust Act Revolving Fund and any other monies as required by law shall be transferred to …

As used in this act: 1. “Access payments” means an amount paid to the Insurance Commissioner based upon a percentage of claims paid by a health carrier to be used to fund the state’s Medicaid program and make full use of any federal matching funds available to the state; 2. “Clai…

A. There is hereby created a mechanism of funding through health carrier access payments, as defined in Section 7201 of this title, in order to stabilize the state's Medicaid program. B. There is hereby created in the State Treasury a revolving fund for the Oklahoma Health Care A…

A. From the effective date of this act until January 1, 2015, all health carriers shall pay to the Insurance Commissioner an access payment of one percent (1.0%) on all claims paid. B. If a health carrier is contractually entitled to withhold certain amounts from payments due to …

A. Except as provided in subsection B of this section, the access payments required to be paid by health carriers in Section 3 of this act shall be due and reported to the Insurance Commissioner on claims paid and incurred beginning July 1, 2010. B. The access payments required i…

A. No contract between a dental plan of a health benefit plan and a dentist for the provision of services to patients may require that a dentist provide services to its subscribers at a fee set by the health benefit plan unless the services are covered services under the applicab…

A. As used in this section: 1. "Contracting entity" means any person or entity that is engaged in the act of contracting with providers for the delivery of dental services or the selling or assigning of dental plans to other dental care entities; 2. "Identify" means providing in …

Exceptions - Requirements. A. For the purposes of this section, "prior authorization" means any predetermination, prior authorization, or similar authorization that is verifiable, whether through issuance of letter, facsimile, email, or similar means, indicating that a specific p…

Any stop-loss insurance coverage issued by an insurer authorized to do business in this state that provides an aggregate retention benefit shall provide an aggregate retention of no less than one hundred ten percent (110%) of the expected claims. The Insurance Commissioner shall …

and claims and out-of-pocket costs - Report. The Insurance Department shall evaluate the effect of the limits on prescriptions for opioid drugs established by this act on the claims paid by health insurance carriers and the out-of-pocket costs including copayments, coinsurance an…

A. As used in this section: 1. “Anesthesia time” means the period beginning when an anesthesia practitioner begins to prepare the patient for anesthesia services in the operating room or an equivalent area and ends when the anesthesia practitioner is no longer furnishing anesthes…