Title 33, Chapter 1, Section 14
( 33-1-14)
(a) Notwithstanding any other provision of law and except as
provided in this Code section, any person, other than an authorized
insurer, the state and its instrumentalities, or political
subdivisions of the state and their instrumentalities, who provides
coverage in this state for medical, surgical, chiropractic, physical
therapy, optometry, speech pathology, podiatry, audiology,
psychology, pharmaceutical, dental, or hospital services, whether
such coverage is by direct payment, reimbursement, or otherwise,
shall be presumed to be subject to the jurisdiction of the Insurance
Department, unless the person shows that, while providing coverage
for such services, such person is subject to the jurisdiction of an
insurance supervisory official of another state or specifically
subject to the exclusive jurisdiction of the federal government. (b) Any person may show that such person is subject to the
jurisdiction of an insurance supervisory official of another state
or specifically subject to the exclusive jurisdiction of the federal
government by providing to the Commissioner the appropriate
certificate, license, or document, issued by the insurance
supervisory official of another state or specifically issued to such
person by an appropriate official or agency of the federal
government which permits such person to provide such coverages. (c) Any such person who is unable to show under subsection (b) of
this Code section that such person is subject to the jurisdiction of
an insurance supervisory official of another state or specifically
subject to the exclusive jurisdiction of the federal government
shall submit to an examination by the Commissioner to determine the
organization and solvency of the person and to determine whether or
not such person complies with the applicable provisions of this
title. (d) Any person unable to show under subsection (b) of this Code
section that such person is subject to the jurisdiction of an
insurance supervisory official of another state or specifically
subject to the exclusive jurisdiction of the federal government
shall be subject to all appropriate provisions of this title
regarding the conduct of such person's business. (e)(1) Any production agency or administrator which advertises,
sells, transacts, or administers the coverage in this state
described in subsection (a) of this Code section and which is
required to submit to an examination by the Commissioner under
subsection (c) of this Code section shall, if said coverage is not
fully insured or otherwise fully covered by an authorized insurer,
advise every purchaser, prospective purchaser, and covered person
of such lack of insurance or other coverage. (2) Any administrator which advertises or administers the coverage
in this state described in subsection (a) of this Code section and
which is required to submit to an examination by the Commissioner
under subsection (c) of this Code section shall advise any
production agency of the elements of the coverage, including the
amount of "stop-loss" insurance in effect. (f) As used in this Code section, the term "authorized insurer"
means any insurer authorized to sell accident and sickness policies,
subscriber contracts, certificates, or agreements of any form under
Chapter 15, 18, 19, 20, 21, 29, or 30 of this title. |