Oklahoma § 36-4427 - Rulemaking authority - Civil penalty

§ 36-4427. Rulemaking authority - Civil penalty

A. The Insurance Commissioner may adopt rules to implement the

provisions of the Long-Term Care Insurance Act. The Commissioner

may adopt rules that apply to all providers of long-term care

insurance coverage, whether or not a provider is otherwise subject

to the provisions of the Insurance Code, and that include, but are

Oklahoma Statutes - Title 36. Insurance

not limited to, standards for full and fair disclosure setting forth

the manner, content, and required disclosure for the sale of longterm care insurance policies, terms of renewability, initial and

subsequent conditions of eligibility, nonduplication of coverage

provisions, coverage of dependents, preexisting conditions,

termination of insurance, continuation or conversion, probationary

periods, limitations, exceptions, reductions, elimination periods,

requirements for replacement, recurrent conditions, and definition

of terms. The Commissioner may issue reasonable rules to establish

minimum standards for marketing practices, agent compensation, agent

testing, penalties and reporting practices for long-term care

insurance.

B. In addition to any other penalties provided by the laws of

this state, any insurer and any agent found to have violated any

requirement of this state relating to the regulation of long-term

care insurance or the marketing of such insurance shall be subject

to a civil penalty of up to three (3) times the amount of any

commissions paid for each policy involved in the violation or up to

Ten Thousand Dollars ($10,000.00) whichever is greater.

Added by Laws 1987, c. 175, § 31, eff. Nov. 1, 1987. Amended by

Laws 1989, c. 107, § 5, eff. Nov. 1, 1989; Laws 1993, c. 136, § 4,

eff. Sept. 1, 1993; Laws 1997, c. 418, § 97, eff. Nov. 1, 1997.