Title 36 — Title 36 — Insurance

As used in this act: 1. “Authorized individual” means an individual known to and screened by the licensee and determined to be necessary and appropriate to have access to the nonpublic information held by the licensee and its information systems; 2. “Commissioner” means the Insur…

A. Each licensee in this state shall develop, implement, and maintain a comprehensive written information security program based on the risk assessment of the licensee provided for in this act and that contains administrative, technical, and physical safeguards for the protection…

A. If the licensee learns that a cybersecurity event has or may have occurred, the licensee, or an outside vendor or service provider designated to act on behalf of the licensee, shall conduct a prompt investigation. B. During the investigation, the licensee, or an outside vendor…

information. A. Every licensee shall notify the Insurance Commissioner without unreasonable delay, but not later than three business days, from a determination that a cybersecurity event involving nonpublic information that is in the possession of a licensee has occurred when eit…

This act shall be known and may be cited as the “Oklahoma Home Service Contract Act”. Added by Laws 2011, c. 224, § 1, eff. Nov. 1, 2011.

A. The purpose of the Oklahoma Home Service Contract Act is to create an independent legal framework within which home service contracts and home warranties are defined, may be sold and are regulated in this state. The Oklahoma Home Service Contract Act declares that home service…

As used in the Oklahoma Home Service Contract Act: 1. “Administrator” means the person who is responsible for the administration of home service contracts or the home service contracts plan, who may promote the contract under their own private label or brand as long as the provid…

responsibilities. A. Home service contracts shall not be issued, sold or offered for sale in this state unless the provider has: 1. Provided a receipt for, or other written evidence of, the purchase of the home service contract to the contract holder; and 2. Provided a copy of th…

A. Service contracts marketed, sold, offered for sale, issued, made, proposed to be made, or administered in this state shall be written, printed, or typed in clear, understandable language that is easy to read, and shall disclose the requirements set forth in this section, as ap…

A. After initial registration, and upon complaint or proper cause shown, providers, administrators, insurers or other persons shall be subject to periodic examination by the Insurance Commissioner, in the same manner and subject to the same terms and conditions that apply to insu…

A. The Insurance Commissioner shall have power to examine and investigate the affairs of any licensee to determine whether the licensee has been or is engaged in any conduct in violation of the provisions of this act or any rules promulgated thereto. This power is in addition to …

A. Any documents, materials, or other information in the control or possession of the Insurance Department that are furnished by a licensee or an employee or agent thereof acting on behalf of a licensee pursuant to the provisions of Section 4 and Section 6 of this act or that are…

A. The Insurance Commissioner may promulgate any rules necessary to carry out the provisions of this section. B. 1. The following exceptions shall apply to this act: a. a licensee with less than Five Million Dollars ($5,000,000.00) in gross annual revenue, is exempt from this act…

Licensees shall have one (1) year from the effective date of this act to implement Section 4 of this act and two (2) years from the effective date of this act to implement subsection F of Section 4 of this act. Added by Laws 2024, c. 346, § 10, eff. July 1, 2024.

This act shall be known and may be cited as the "Oklahoma Telemedicine Act". Added by Laws 1997, c. 209, § 1, eff. July 1, 1997.

OS 36-6802v1 (SB 673, Laws 2021, c. 293, § 1). OS 36-6802v2 (HB 2120, Laws 2021, c. 549, § 1).

As used in the Oklahoma Telemedicine Act, "telemedicine" means technology-enabled health and care management and delivery systems that extend capacity and access, which includes: a. synchronous mechanisms, which may include live audiovisual interaction between a patient and a hea…

As used in the Oklahoma Telemedicine Act: 1. "Distant site" means a site at which a health care professional licensed to practice in this state is located while providing health care services by means of telemedicine; 2. a. "Health benefits plan" means any plan or arrangement tha…

A. For services that a health care professional determines to be appropriately provided by means of telemedicine, health care service plans, disability insurer programs, workers' compensation programs, or state Medicaid managed care program contracts issued, amended, or renewed o…

36 O.S. § 6804 Repealed by Laws 2016, c. 162, § 1, eff. Nov. 1, 2016

A. Sections 6810 through 6820 of this title shall be known and may be cited as the “Medical Professional Liability Insurance Closed Claim Reports Act”. B. The Medical Professional Liability Insurance Closed Claim Reports Act shall apply to all medical professional liability claim…

A. The Insurance Commissioner may require that an insuring entity or self-insured entity shall file a closed claim report. These reports shall be filed within thirty (30) days after the Commissioner's request and shall include data for all claims closed in the preceding calendar …

36 O.S. § 6812 Repealed by Laws 2009, c. 176, § 61, eff. Nov. 1, 2009

reports. Reports required under Section 6811 of this title must contain the following information in a format and coding protocol prescribed by the Insurance Commissioner. To the greatest extent possible while still fulfilling the purposes of the Medical Professional Liability In…

36 O.S. § 6813 Repealed by Laws 2025, c. 55, § 16, eff. Nov. 1, 2025

36 O.S. § 6814 Repealed by Laws 2025, c. 55, § 16, eff. Nov. 1, 2025

36 O.S. § 6815 Repealed by Laws 2025, c. 55, § 16, eff. Nov. 1, 2025

A. Information included in an individual closed claim report submitted by an insurer under Sections 12 and 13 of this act is confidential and shall not be made available by the Department to the public and shall not be subject to the Oklahoma Open Records Act. B. Information incl…

STATISTICAL DATA COLLECTION As used in Sections 19 and 20 of this act, “designated statistical agent” means an organization designated or contracted with by the Commissioner pursuant to Section 19 of this act. Added by Laws 2003, c. 390, § 18, eff. July 1, 2003.

statistical agent. The Insurance Commissioner may designate or contract with a qualified organization to serve as the statistical agent for the Commissioner to analyze the information provided pursuant to Sections 12 and 13 of this act. Added by Laws 2003, c. 390, § 19, eff. July…

To qualify as a statistical agent, an organization must demonstrate at least five (5) years of experience in data collection, data maintenance, data quality control, accounting and other related areas. Added by Laws 2003, c. 390, § 20, eff. July 1, 2003.

An insurer shall provide all premium and loss cost data to the Insurance Commissioner as the Commissioner requires. Added by Laws 2003, c. 390, § 21, eff. July 1, 2003.

36 O.S. § 6821 Repealed by Laws 2013, c. 269, § 26, eff. Nov. 1, 2013

A. Except as provided in Sections 2 and 3 of this act, an insurance compliance self-evaluative audit is privileged information and is not discoverable, or admissible as evidence in any legal action in any civil, criminal, or administrative proceeding. The privilege created herein…

A. The privilege set forth in Section 1 of this act does not apply: 1. To the extent that it is expressly waived by the company that prepared or caused to be prepared the insurance compliance self-evaluative audit document; 2. If the company that prepared or caused to be prepared…

A. Within thirty (30) days after the Insurance Commissioner, district attorney, Attorney General, or opposing party in a civil, criminal or administrative proceeding, serves on an insurer a written request by certified mail for disclosure of an insurance compliance self-evaluativ…

A. A company asserting the insurance compliance self-evaluative privilege set forth in Section 1 of this act has the burden of demonstrating the applicability of the privilege. Once a company has established the applicability of the privilege, the party seeking disclosure under t…

The privilege set forth in Section 1 of this act shall not extend to any of the following: 1. Documents, communications, data, reports, or other information expressly required to be collected, developed, maintained, or reported to a regulatory agency pursuant to this act, or othe…

As used in this act: 1. "Insurance compliance audit" means a voluntary internal evaluation, review, assessment, audit, or investigation for the purpose of identifying or preventing noncompliance with, or promoting compliance with, laws, regulations, orders, or industry or profess…

The insurance compliance self-evaluative privilege created by this act shall apply to all audits performed or commissioned after the effective date of this act, whether or not the litigation or administrative proceedings were pending on the effective date of this act. Added by La…

Nothing in this act nor the release of any self-evaluative audit document hereunder shall limit, waive, or abrogate the scope or nature of any statutory or common law privilege including, but not limited to, the work product doctrine, the attorney-client privilege, or the subsequ…

Any health benefit plan that provides prescription drug coverage or contracts with a third party for prescription drug services shall notify an enrollee presently taking a prescription drug of any deletions, other than generic substitutions, in the health benefit plan's prescript…

This act shall be known and may be cited as the "Health Maintenance Organization Act of 2003". Added by Laws 2003, c. 197, § 1, eff. Nov. 1, 2003.

As used in the Health Maintenance Organization Act of 2003: 1. “Basic health care services” means the following medically necessary services: a. preventive care, b. emergency care, c. inpatient and outpatient hospital and physician care, d. diagnostic laboratory and diagnostic an…

Submission to Insurance Commissioner - Rules. A. Notwithstanding any law of this state to the contrary, any person may apply to the Insurance Commissioner for a certificate of authority to establish and operate a health maintenance organization pursuant to the provisions of the H…

organizations from certain provisions of act. Notwithstanding any other provision of this title: 1. Domestic health maintenance organizations that contract with the Oklahoma Health Care Authority to provide basic health services to Medicaid recipients are only subject to the bene…

certificate. A. Upon receipt of an application for issuance of a certificate of authority, the Insurance Commissioner shall within forty-five (45) days determine whether the applicant, with respect to health care services to be furnished, has complied with the provisions of Secti…

effect on financial soundness. A. The powers of a health maintenance organization (HMO) include, but are not limited to, the following: 1. The purchase, lease, construction, renovation, operation or maintenance of hospitals, medical facilities, or both, and their ancillary equipm…

- Fiduciary relationship - Fidelity bond or insurance. A. A director, officer, employee or partner of a health maintenance organization who receives, collects, disburses or invests funds in connection with the activities of the organization shall be responsible for the funds in a…

assurance plan and activities - Record of proceedings - Patient record system - Medical policy - Credentialing and recredentialing of health care providers - Termination or nonrenewal of contracts - Emergency services. A. Every health maintenance organization shall establish proc…