Oklahoma § 36-6917 - Producer license - Exempted persons

§ 36-6917. Producer license - Exempted persons

A. Health maintenance organization producers shall comply with

all applicable statutes and provisions of Title 36 of the Oklahoma

Statutes and rules relating to producer licensing, including the

Oklahoma Producer Licensing Act.

B. The following persons shall not be required to hold a health

maintenance organization producer license:

1. A regular salaried officer or employee of a health

maintenance organization who devotes substantially all of his or her

time to activities other than the taking or transmitting of

applications or membership fees or premiums for health maintenance

organization membership, or who receives no commission or other

compensation directly dependent upon the business obtained, and who

does not solicit or accept from the public applications for health

maintenance organization membership;

2. Employers or their officers or employees or the trustees of

an employee benefit plan to the extent that the employers, officers,

employees or trustees are engaged in the administration or operation

of a program of employee benefits involving the use of health

Oklahoma Statutes - Title 36. Insurance

maintenance organization memberships; provided, that the employers,

officers, employees or trustees are not in any manner compensated

directly or indirectly by the health maintenance organization

issuing health maintenance organization memberships;

3. Banks or their officers and employees to the extent that the

banks, officers and employees collect and remit charges by charging

them against accounts of depositors on the orders of the depositors;

or

4. A person or the employee of a person who has contracted to

provide administrative, management or health care services to a

health maintenance organization and who is compensated for those

services by the payment of an amount calculated as a percentage of

the revenues, net income or profit of the health maintenance

organization, if that method of compensation is the sole basis for

subjecting that person or the employee of the person to this act.

C. The Insurance Commissioner may by rule exempt certain

classes of persons from the requirement of obtaining a license:

1. If the functions such persons perform do not require special

competence, trustworthiness or the regulatory surveillance made

possible by licensing; or

2. If other existing safeguards make regulation unnecessary.

Added by Laws 2003, c. 197, § 17, eff. Nov. 1, 2003.