Title 26, Title 26 — Insurance Code

Association created; members; operation and exercise of powers. (a) There is created a nonprofit unincorporated legal entity to be known as the Wyoming Insurance Guaranty Association. (b) All member insurers as defined in this chapter are members of the association as a condition…

Board of directors. (a) The board of directors of the association shall consist of not less than five (5) nor more than nine (9) persons serving terms as established in the plan of operation. The board members shall be selected by member insurers subject to the commissioner's app…

Duties and powers of association. (a) Except as provided in subsection (c) of this section, the association shall: (i) Be obligated to pay covered claims: (A) Existing prior to the determination of insolvency and arising within thirty (30) days after the determination of insolven…

Member insurer assessments. (a) The assessments of each member insurer shall be in the proportion that the net direct written premiums of the member insurer for the preceding calendar year bears to the net direct written premiums of all member insurers for the preceding calendar …

Plan of operation. (a) The association shall submit to the commissioner a plan of operation and any amendments thereto necessary or suitable to assure the association's fair, reasonable and equitable administration. The plan of operation and any amendments thereto are effective u…

Duties and powers of commissioner; judicial review. (a) The commissioner shall: (i) Notify the association of an insolvent insurer's existence not later than three (3) days after he receives notice of the insolvency determination; (ii) Upon request of the board of directors, prov…

Insured's rights and liabilities; settlements binding on receiver or liquidator; priority of claims; statements to be filed with receiver or liquidator. (a) Any person recovering under this chapter assigns his rights under the policy to the association to the extent of his recove…

Exhaustion of remedies under policy; claims recoverable from more than one association; claim limitation. (a) Any person having a claim against an insurer under an insurance policy other than a policy of an insolvent insurer which is also a covered claim, shall first exhaust his …

Aids in detection and prevention of insurer insolvencies. (a) To aid in the detection and prevention of insurer insolvencies: (i) The board of directors shall: (A) Upon majority vote, notify the commissioner of any information indicating any member insurer may be insolvent or in …

Examination and regulation of association by commissioner; annual financial report. The association is subject to the commissioner's examination and regulation. Not later than March 31 of each year, the board of directors shall submit a financial report for the preceding calendar…

Exemption from payment of fees and taxes. The association is exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on property.

Rates and premiums to be sufficient to recoup assessments paid to association. The rates and premiums charged for insurance policies to which this chapter applies shall include amounts sufficient to recoup a sum equal to the amounts the member insurer pays to the association less…

No liability for lawful action. There is no liability on the part of and no cause of action of any nature shall arise against any member insurer, the association or its agents or employees, the board of directors or the commissioner or his representatives for any lawful action th…

Stay of proceedings against insolvent insurer; setting aside judgment. All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this state shall be stayed for sixty (60) days from the date the insolvency is determined to permit p…

Supervision and audit of funds; approval of investment; promulgation of rules and regulations; licenses. (a) The department shall supervise and audit the funds derived by any person either residing in or doing business within the state, from prepaid or prearranged funeral contrac…

Exemption from attachment or garnishment. In the absence of fraud no interest of any participant in such fund, contract or investment is liable to attachment, garnishment, or other processes, or shall be seized, taken, appropriated or applied by any legal or equitable process or …

Penalty. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or both.

Life insurers contracts for funeral services; rules. (a) A life insurer may contract or agree with any person, funeral director, mortuary or undertaker for the sole purpose of the funeral director, mortuary or undertaker conducting the funeral of any insured of the insurer. (b) T…

Definitions. (a) As used in this chapter: (i) "Account" means the medical liability compensation account; (ii) "Board" means the board of directors of the medical liability compensation account; (iii) "Health care" means any act or treatment performed or furnished, or which shoul…

Qualification. (a) To be qualified under this chapter, a physician shall annually purchase health care professional liability insurance coverage of not less than fifty thousand dollars ($50,000.00) per occurrence for any act, error or omission relating to medical care rendered du…

Insurance coverage. A qualified physician shall be insured in a minimum amount of fifty thousand dollars ($50,000.00) against a claim for malpractice. Any award or settlement adjudicated or allowed on a malpractice claim in excess of fifty thousand dollars ($50,000.00) or limits …

Advance payments. Any advance payment a defendant physician or his insurer makes to or for the plaintiff, or any other person, is not an admission of liability for injuries or damages the plaintiff or anyone else suffers as to a claim for malpractice. Evidence of an advance payme…

Medical liability compensation account. (a) There is created a medical liability compensation account, the monies of which shall be collected by the commissioner for exclusive use for the purposes stated in this chapter. The account and any investment income from it shall be held…

Board created; membership; removal; terms; duties. (a) There is created a medical liability compensation account board which shall consist of six (6) members. The governor shall appoint four (4) members with the advice and consent of the senate. The state treasurer and the commis…

Settlements. Any settlement of a claim against a physician exceeding fifty thousand dollars ($50,000.00) or limits of other underlying coverage if greater shall be carried out through agreement jointly by the claimant, the insurance carrier and the commissioner. If the claimant s…

Payments from account. The state auditor, at the direction of the commissioner, shall issue a warrant in satisfaction of each claim submitted to him against the account after receipt of a certified copy of a final judgment from a court having jurisdiction, or a settlement agreeme…

Contents of policies. Any policy issued under this chapter is presumed to comply with this chapter. The insurer assumes all obligations to pay an award imposed against its insured under this chapter and no policy termination by cancellation is effective unless at least ninety (90…

Failure to pay claims. (a) If a professional liability insurer, in the regular course of business, fails to pay its portion of any judgment rendered against any physician or any other person insured under this chapter, the commissioner shall suspend that insurer's certificate of …

Exemption from Wyoming Insurance Guaranty Association Act. This chapter is exempt from and has no application to the Wyoming Insurance Guaranty Association Act.

Short title. This chapter is known and may be cited as "The Health Maintenance Organization Act of 1995".

Definitions. (a) As used in this chapter: (i) "Administrator" means the director of the department of health; (ii) "Basic health care services" means emergency care, inpatient hospital and physician care, and outpatient medical services, but does not include mental health service…

Establishment of health maintenance organizations. (a) Notwithstanding any law of this state to the contrary, any person may apply to the commissioner for a certificate of authority to establish and operate a health maintenance organization in compliance with this chapter. No per…

Issuance of certificate of authority. (a) Upon receipt of an application for issuance of a certificate of authority, the commissioner shall immediately transmit a copy of the application and accompanying documents to the administrator. (b) The administrator shall determine whethe…

Powers of health maintenance organizations. (a) The powers of a health maintenance organization include but are not limited to the: (i) Purchase, lease, construction, renovation, operation or maintenance of hospitals or medical facilities, or both, and their ancillary equipment, …

Governing body. (a) The governing body of any health maintenance organization may include providers, or other individuals, or both. (b) Repealed by Laws 1995, ch. 210, § 5. (c) Any domestic health maintenance organization shall comply with the requirements applicable to a domesti…

Fiduciary responsibilities. (a) Any director, officer, employee or partner of a health maintenance organization who receives, handles, collects, disburses or invests funds in connection with the activities of the organization is responsible for those funds in a fiduciary relation…

Quality assurance program. (a) The health maintenance organization shall establish procedures to assure that the health care services provided to enrollees are rendered under reasonable standards of quality of care consistent with prevailing professionally recognized standards of…

Requirements for group contract, individual contract, evidence of coverage and premiums for health care services. (a) Every group and individual contract holder is entitled to a group or individual contract. The contract shall not contain provisions or statements which are unjust…

Annual report. (a) Each health maintenance organization, annually, on or before March 1, shall file with the commissioner, with a copy to the administrator, a report verified by at least two (2) organization principal officers and covering the immediately preceding calendar year.…

Information to enrollees; claims to be accepted or rejected; attorney's fees. (a) Each health maintenance organization shall: (i) Provide promptly to its enrollees notice of any material change in the operation of the organization that will directly affect those enrollees; (ii) P…

Complaint system. (a) Each health maintenance organization shall establish and maintain a complaint system which has been approved by the commissioner, after consultation with the administrator, to provide reasonable procedures for the resolution of written complaints initiated b…

Investments. With the exception of investments made in accordance with W.S. 26-34-105(a)(i), the funds of a health maintenance organization shall be invested only in securities or other investments permitted by chapter 7 of this code.

Protection against insolvency. (a) Before issuing any certificate of authority, the commissioner shall require that the health maintenance organization have an initial net worth of one million five hundred thousand dollars ($1,500,000.00) and shall thereafter maintain the minimum…

Uncovered expenditures insolvency deposit. (a) If at any time uncovered expenditures exceed ten percent (10%) of total health care expenditures, a health maintenance organization shall place an uncovered expenditures insolvency deposit with the commissioner, or with any organizat…

Enrollment period, replacement coverage in the event of insolvency. (a) In the event of an insolvency of a health maintenance organization, upon order of the commissioner all other carriers that participated in the enrollment process with the insolvent health maintenance organiza…