§ 23-63-2005. Corporate governance annual disclosure
(a) (1) The insurer or insurance group shall have discretion over the responses to the corporate governance annual disclosure inquiries or questions if the corporate governance annual disclosure contains the material information necessary to permit the Insurance Commissioner to gain an understanding of the insurer’s or insurance group’s corporate governance structure, policies, and practices. (2) […]
§ 23-63-2006. Confidentiality
(a) Documents, materials, or other information, including the corporate governance annual disclosure, in the possession or control of the State Insurance Department and obtained by, created by, or disclosed to the Insurance Commissioner or any other person under this subchapter, is recognized by this state as being proprietary and containing trade secrets. (b) (1) The […]
§ 23-63-1804. Recoupments — Required disclosures
If a health care insurer exercises recoupment, then the health care insurer shall provide the health care provider written documentation that specifies the: (1) Amount of the recoupment; (2) Covered person’s name to whom the recoupment applies; (3) Patient identification number; (4) Date or dates of service; (5) Service or services on which the recoupment […]
§ 23-63-2007. Third-party consultants
(a) The Insurance Commissioner may retain, at the insurer’s expense, third-party consultants, including attorneys, actuaries, accountants, and other experts not otherwise a part of the commissioner’s staff, as may be reasonably necessary to assist the commissioner in reviewing the corporate governance annual disclosure and related information or the insurer’s compliance with this subchapter. (b) A […]
§ 23-63-1805. Penalties
The failure to comply with any provision of this subchapter shall be deemed an unfair trade practice under the Trade Practices Act, § 23-66-201 et seq., and may be punished by the fines and penalties established under §§ 23-60-108, 23-66-210, and 23-66-215.
§ 23-63-2008. Penalties
(a) An insurer failing, without just cause, to timely file the corporate governance annual disclosure as required under this subchapter shall be required, after notice and hearing, to pay a penalty of one hundred dollars ($100) for each day’s delay, payable to the Insurance Commissioner, and the penalty recovered shall be paid into the General […]
§ 23-63-1806. Rules
The Insurance Commissioner shall adopt rules by January 1, 2006, to ensure compliance with this subchapter.
§ 23-63-2009. Severability clause
(a) Except for § 23-63-2007 or the application of § 23-63-2007 to any person or circumstance, if any provision of this subchapter is held invalid, the determination shall not affect the provisions of this subchapter that can be given effect without the invalid provision or application. (b) With the exception of § 23-63-2007, this subchapter […]
§ 23-63-1807. No waiver of provisions
The provisions of this subchapter shall not be waived, voided, or nullified by contract.
§ 23-63-2010. Rules
(a) The Insurance Commissioner shall promulgate rules necessary to implement this subchapter. (b) (1) When adopting the initial rules to implement this subchapter, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f): (A) On or before January 1, 2020; or (B) If approval under § 10-3-309 has not […]