Title 26, Title 26 — Insurance Code

Suspension or revocation of certificate of authority. (a) The commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization under this chapter if: (i) The commissioner finds the health maintenance organization: (A) Is operating signif…

Rehabilitation, liquidation or conservation of a health maintenance organization. (a) Any rehabilitation, liquidation or conservation of a health maintenance organization is deemed to be the rehabilitation, liquidation or conservation of an insurance company and shall be conducte…

Summary orders and supervision. (a) Whenever the commissioner determines that the financial condition of any health maintenance organization is such that its continued operation might be hazardous to its enrollees, creditors, or the general public, or that it has violated any pro…

Regulations. The commissioner, after notice and hearing, may promulgate reasonable rules and regulations necessary or proper to carry out this chapter. The rules and regulations are subject to review in accordance with W.S. 28-9-101 through 28-9-108.

Administrative procedures. (a) If the commissioner has cause to believe that grounds for the denial of an application for a certificate of authority exist, or that grounds for the suspension or revocation of a certificate of authority or for the imposition of an administrative pe…

Fees; taxes. (a) Each health maintenance organization subject to this chapter shall pay to the commissioner the following fees: (i) For filing an application for a certificate of authority or amendment thereto, seven hundred fifty dollars ($750.00); (ii) For annual certificate of…

Penalties and enforcement. (a) The commissioner, instead of suspension or revocation of a certificate of authority under W.S. 26-34-121, may levy an administrative penalty in an amount not less than one thousand dollars ($1,000.00) nor more than ten thousand dollars ($10,000.00) …

Statutory construction and relationship to other laws. (a) Except as otherwise specifically provided in this chapter, the other provisions of this code relating to insurers and the provisions of title 35 of the Wyoming statutes relating to hospitals or medical service corporation…

Filings and reports as public documents. All applications, filings and reports required under this chapter, except those which are trade secrets or privileged or confidential quality assurance, commercial or financial information, other than any annual financial statement that ma…

Confidentiality of medical information. (a) Any data or information pertaining to the diagnosis, treatment or health of any enrollee or applicant obtained from that person or from any provider by any health maintenance organization shall be held in confidence and shall not be dis…

Administrator's authority to contract. The administrator, in carrying out his obligations under this chapter may contract with qualified persons to make recommendations concerning the determinations he is required to make. The administrator may accept the recommendations in full …

Acquisition of control of or merger of a health maintenance organization. No person may make a tender for or a request or invitation for tenders of, or enter into an agreement to exchange securities for or acquire in the open market or otherwise, any voting security of a health m…

Coordination of benefits. (a) Health maintenance organizations are permitted, but not required, to adopt coordination of benefits provisions to avoid overinsurance and to provide for the orderly payment of claims when a person is covered by two (2) or more group health insurance …

Written agreement with providers; discrimination prohibited. (a) Before entering into any written agreement with any provider for the furnishing of health care services to enrollees of a health maintenance organization the organization shall establish terms and conditions to be r…

Application of other laws. (a) The annual audited financial reports law, title 26, chapter 3, article 3 of the Wyoming statutes, shall apply to domestic health maintenance organizations licensed under this chapter. (b) The Wyoming Insurance Holding Company System Regulatory Act, …

Manner of providing notice. Notices required by this chapter shall be personally delivered to the insured and the agent or shall be mailed to the insured and the agent at their addresses last of record with the insurer. If mailed, notice shall be deemed given when deposited in th…

Refund of unearned premium upon cancellation. Any insurer who cancels a policy of insurance in accordance with this chapter shall, prior to cancellation, refund any unearned premium to the policyholder.

Prohibited practices. (a) It is unlawful for any insurer to cancel, nonrenew or renew a policy of insurance except in compliance with the requirements of this chapter. (b) Mid-term cancellation of an entire block, line or class of business is presumed to be unfair, inequitable, d…

Penalties. Any insurer who violates this chapter is subject to monetary penalties or license revocation or suspension as provided in W.S. 26-1-107 and 26-3-116.

Issuance or renewal with exclusions. An insurer may in lieu of nonissuance, cancellation, nonrenewal or premium increase offer to issue, continue or renew a motor vehicle insurance policy but to exclude from coverage, by name, the person whose claim experience or driving record w…

Transfers of policies resulting from mergers, acquisitions or restructuring or resulting in broader coverage; notice not required. (a) Subject to the provisions of W.S. 26-35-204, a nonrenewal or cancellation notice shall not be required if a policy is transferred from an insurer…

Scope of article. This article applies to all property and casualty insurance as defined in W.S. 26-5-104 and 26-5-106, except this article does not apply to binders and other temporary contracts for temporary insurance.

Mid-term cancellation; grounds; notice; exception. (a) An insurance policy or renewal shall not be cancelled by an insurer prior to the expiration of the term stated in the policy, except for any one (1) of the following reasons: (i) Failure to pay a premium when due; (ii) Materi…

Nonrenewal; notice. (a) No insurance policy shall be nonrenewed by an insurer except in accordance with the provisions of this section and any nonrenewal attempted which is not in compliance with this section is ineffective. (b) A policy may be nonrenewed by the insurer at its ex…

Renewal with altered terms; notice. (a) If an insurer intends to renew a policy, but on less favorable terms or at higher rates, the insurer shall furnish to the insured and the agent of record, if any, renewal terms and a statement of the amount of premium due for the renewal po…

Short title. This chapter may be cited as the "Risk Retention Act".

Purpose. The purpose of this act is to regulate the formation and operation of risk retention groups in this state formed pursuant to the provisions of the federal Liability Risk Retention Act of 1986.

Definitions. (a) As used in this act: (i) "Commissioner" means the commissioner of insurance of this state or the commissioner, director or superintendent of insurance in any other state; (ii) "Completed operations liability" means liability arising out of the installation, maint…

Risk retention groups chartered in this state. A risk retention group seeking to be chartered in this state must be chartered and licensed as a liability insurance company authorized by the insurance laws of this state and, except as provided elsewhere in this act, must comply wi…

Risk retention groups not chartered in this state. (a) Risk retention groups chartered in states other than this state and seeking to do business as a risk retention group in this state must observe and abide by the laws of this state. (b) Before offering insurance in this state,…

Compulsory associations. (a) No risk retention group shall be permitted to join or contribute financially to any insurance insolvency guaranty fund or similar mechanism in this state, nor shall any risk retention group or its insureds receive any benefit from any such fund for cl…

Purchasing groups; exemption from certain laws relating to the group purchase of insurance. Any purchasing group meeting the criteria established under the provisions of the federal Liability Risk Retention Act of 1986 shall be exempt from any law of this state relating to the cr…

Notice and registration requirements of purchasing groups. (a) A purchasing group which intends to do business in this state shall furnish notice to the commissioner which shall: (i) Identify the state in which the group is domiciled; (ii) Specify the lines and classifications of…

Restrictions on insurance purchased by purchasing groups. A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located unless the purchase is effect…

Administrative and procedural authority regarding risk retention groups and purchasing groups. The commissioner is authorized to make use of any of the powers established under the Insurance Code of this state to enforce the laws of this state so long as those powers are not spec…

Penalties. A risk retention group which violates any provision of this act will be subject to fines and penalties applicable to licensed insurers generally, including revocation of its license and the right to do business in this state.

Duty of agents or brokers to obtain license. Any person acting or offering to act as an agent or broker for a risk retention group or purchasing group which solicits members, sells insurance coverage, purchases coverage for its members located within the state or otherwise does b…

Binding effect of orders issued in United States district court. An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance or operating in any state or in all states or in any territory or possession of the Un…

Rules and regulations. The commissioner may establish and from time to time amend such rules relating to risk retention groups as may be necessary to implement the provisions of the act.

Registration fee. Each risk retention group or risk purchasing group seeking to do business in the state of Wyoming shall pay a registration fee of two hundred dollars ($200.00), which shall accompany the required registration application. Each risk retention group or risk purcha…

Short title. This chapter is known and may be cited as the "Mechanical Breakdown Insurance Act".

Definitions. (a) As used in this chapter: (i) "Agent" means a person licensed as a casualty insurance agent in this state and appointed by a mechanical breakdown insurer as its agent under this code; (ii) "Commissioner" means the state insurance commissioner; (iii) "Department" m…

Authorization required. Except as otherwise provided in this chapter, no person shall transact mechanical breakdown insurance in this state unless authorized by the commissioner.

Mechanical breakdown insurers; authorization required; application; fee; issuance; renewal; revocation and suspension. (a) Any person holding a subsisting certificate of authority to transact casualty insurance in this state may apply to the commissioner for authorization to tran…

Agents of mechanical breakdown insurers. (a) Upon issuance of a certificate of authority under W.S. 26-37-104, a licensed agent appointed to market the casualty insurance policies of the certified mechanical breakdown insurer within this state may market mechanical breakdown insu…

Mechanical breakdown insurance organizations; applications for certificates of authority; fee; issuance. (a) A mechanical breakdown insurance organization may file with the commissioner an application for a certificate of authority to transact mechanical breakdown insurance in th…