Law

Title 26 Insurance Code

Wyoming · 26 · statute

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Contents: 1,241 provisions
  1. 26-1-101. Short title.
  2. 26-1-102. Definitions.
  3. 26-1-103. Compliance with insurance code required.
  4. 26-1-104. Applicability of provisions.
  5. 26-1-105. Provisions relating to particular insurance to prevail over general provisions.
  6. 26-1-106. Captions or headings not to limit scope of provisions.
  7. 26-1-107. General criminal and civil penalties.
  8. 26-1-108. Jurisdiction of insurance department.
  9. 26-2-101. Department of insurance established.
  10. 26-2-102. Insurance commissioner; appointment; vacancy; removal from office; other requirements.
  11. 26-2-103. Insurance commissioner; eligibility for appointment.
  12. 26-2-104. Insurance commissioner; official seal.
  13. 26-2-105. Insurance commissioner; salary.
  14. 26-2-106. Deputy commissioner, examiners, clerks, assistants and consultants.
  15. 26-2-107. Conflict of interest prohibited; additional compensation prohibited.
  16. 26-2-108. Commissioner; delegation of authority.
  17. 26-2-109. Commissioner; powers and duties generally.
  18. 26-2-110. Rules and regulations.
  19. 26-2-111. Orders and notices of commissioner; contents; delivery.
  20. 26-2-112. Enforcement of code and orders; injunctions; penalty for violation of orders.
  21. 26-2-113. Records and other papers; generally.
  22. 26-2-114. Records and other papers; reproductions and certified copies.
  23. 26-2-115. Report to governor.
  24. 26-2-116. Examination of insurers.
  25. 26-2-117. Examination of other than insurers.
  26. 26-2-118. Examinations; generally.
  27. 26-2-119. Repealed by Laws 1993, ch. 134, § 2.
  28. 26-2-120. Examinations; deceit and obstruction during examination prohibited.
  29. 26-2-121. Examinations; report; contents.
  30. 26-2-122. Examinations; expense.
  31. 26-2-123. Witnesses; evidence; subpoenas.
  32. 26-2-124. Immunity from prosecution when testimony is compelled; exception for perjury; waiver of immunity.
  33. 26-2-125. Commissioner's hearings; generally; when required; request for hearing; stay.
  34. 26-2-126. Commissioner's hearings; notice of hearing; contents; delivery.
  35. 26-2-127. Commissioner's hearings; procedure.
  36. 26-2-128. Commissioner's hearings; commissioner's orders after hearing.
  37. 26-2-129. Commissioner's hearings; appeals; procedure; injunctions.
  38. 26-2-130. Cease and desist authority.
  39. 26-2-131. Immunity from liability.
  40. 26-2-132. Repealed by Laws 2022, ch. 55, § 2.
  41. 26-2-133. Disclosure of nonpublic personal information; rulemaking; rulemaking authority limited.
  42. 26-2-134. Limiting the use of credit scoring; rulemaking.
  43. 26-2-201. Deposit of fees.
  44. 26-2-202. Expenditures of the department.
  45. 26-2-203. Repealed by Laws 2017, ch. 9, § 3.
  46. 26-2-204. Insurers assessed for department expenditures.
  47. 26-2-205. Time for payment; penalties.
  48. 26-2-206. Newly authorized insurers.
  49. 26-2-207. Other powers unaffected.
  50. 26-2-208. Additional assessment authorized.
  51. 26-2-209. Deduction allowed for retaliation.
  52. 26-3-101. Certificate of authority required.
  53. 26-3-102. When certificate not required.
  54. 26-3-103. General qualifications for authority to transact business.
  55. 26-3-104. Insurers not qualified to transact business in state; credit and investigation reports.
  56. 26-3-105. Qualification of new foreign insurers.
  57. 26-3-106. Conflict of names prohibited.
  58. 26-3-107. Insurer may be authorized to transact combination of kinds of insurance; exceptions.
  59. 26-3-108. Capital and surplus requirements.
  60. 26-3-109. Delayed compliance with capital and surplus requirements.
  61. 26-3-110. Additional kinds of insurance authorized for certain insurers.
  62. 26-3-111. Deposit required of insurers.
  63. 26-3-112. Certificate of authority; application; contents of application.
  64. 26-3-113. Certificate of authority; issuance; contents; delivery.
  65. 26-3-114. Certificate of authority; continuation; expiration; reinstatement.
  66. 26-3-115. Suspension, revocation of certificate of authority; mandatory grounds; hearing required.
  67. 26-3-116. Suspension and revocation of certificate of authority; discretionary and special grounds.
  68. 26-3-117. Suspension and revocation of certificate of authority; order and notice of suspension.
  69. 26-3-118. Suspension, revocation of certification of authority; duration of suspension; reinstatement.
  70. 26-3-119. General corporation laws not applicable to authorized foreign insurers.
  71. 26-3-120. Property insurance under 1 additional title authorized.
  72. 26-3-121. Service of process; commissioner as agent for service.
  73. 26-3-122. Service of process; service generally.
  74. 26-3-123. Annual and quarterly statement; required; form; verification; failure to file.
  75. 26-3-124. Annual statement; reporting of claims against
  76. 26-3-125. Annual statement; mandatory reporting of claims against governmental entity.
  77. 26-3-126. Annual statement; correction and publication of statements.
  78. 26-3-127. Repealed by Laws 2000, Ch. 19, § 2.
  79. 26-3-128. Repealed by Laws 2000, Ch. 19, § 2.
  80. 26-3-129. Repealed by Laws 2000, Ch. 19, § 2.
  81. 26-3-130. Retaliatory provisions against other states and countries.
  82. 26-3-131. Disclosure of loss information; penalties.
  83. 26-3-132. Commissioner's authority.
  84. 26-3-133. Judicial review.
  85. 26-3-201. Short title.
  86. 26-3-202. Immunity.
  87. 26-3-203. Confidentiality.
  88. 26-3-204. Filing requirements; penalty.
  89. 26-3-301. Scope of article.
  90. 26-3-302. Definitions.
  91. 26-3-303. General requirements related to filing and
  92. 26-3-304. Contents of annual audited financial report.
  93. 26-3-305. Designation of independent certified public accountant.
  94. 26-3-306. Qualifications of independent certified public accountant.
  95. 26-3-307. Consolidated or combined audits.
  96. 26-3-308. Scope of audit and report of independent certified public accountant.
  97. 26-3-309. Notification of adverse financial condition.
  98. 26-3-310. Communication of internal control related matters noted in an audit.
  99. 26-3-311. Accountant's letter of qualifications.
  100. 26-3-312. Definition, availability and maintenance of independent certified public accountants' workpapers.
  101. 26-3-313. Exemptions and effective dates.
  102. 26-3-314. Canadian and British companies.
  103. 26-3-315. Requirements for audit committees.
  104. 26-3-316. Internal audit function requirements.
  105. 26-3-317. Conduct of insurer in connection with preparation of required reports and documents.
  106. 26-3-318. Management's report of internal control over financial reporting.
  107. 26-3-401. Report of material transactions.
  108. 26-3-402. Acquisitions and dispositions of assets.
  109. 26-3-403. Nonrenewals, cancellations or revisions of ceded reinsurance agreements.
  110. 26-3-501. Applicability.
  111. 26-3-502. Electronic notices and documents.
  112. 26-3-503. Posting of policies on the internet.
  113. 26-4-101. Fee schedule.
  114. 26-4-102. Record of receipts; payment to treasurer; credit to fund.
  115. 26-4-103. Premium taxes; generally; preemption by state.
  116. 26-4-104. Repealed by Laws 1991, ch. 149, §§ 2(a) and (b).
  117. 26-4-105. Premium taxes; commissioner to collect tax; failure to pay.
  118. 26-5-101. Definitions not mutually exclusive.
  119. 26-5-102. "Life insurance" defined.
  120. 26-5-103. "Disability insurance" defined.
  121. 26-5-104. "Property insurance" defined.
  122. 26-5-105. "Surety insurance" defined.
  123. 26-5-106. "Casualty insurance" defined.
  124. 26-5-107. "Marine and transportation insurance" and "wet marine and transportation insurance" defined.
  125. 26-5-108. What insurance multiple line insurer may transact.
  126. 26-5-109. "Title insurance" defined.
  127. 26-5-110. Limit of risk.
  128. 26-5-111. Reinsurance.
  129. 26-5-112. Credit allowed a domestic ceding insurer.
  130. 26-5-113. Reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer.
  131. 26-5-114. Qualified United States financial institutions.
  132. 26-5-115. Reinsurance payable without diminution due to insolvency of ceding insurer.
  133. 26-5-116. Rules and regulations; reporting.
  134. 26-5-117. Reinsurance agreements affected.
  135. 26-5-118. Repealed by Laws 1994, ch. 76, § 3.
  136. 26-5-119. Life and disability reinsurance agreements; limitations.
  137. 26-6-101. Assets allowed.
  138. 26-6-102. Assets not allowed.
  139. 26-6-103. Liabilities generally.
  140. 26-6-104. Disallowance of "wash" transactions.
  141. 26-6-105. Unearned premium reserve; generally.
  142. 26-6-106. Unearned premium reserve; marine and transportation insurance.
  143. 26-6-107. Unearned premium reserve; reserve for disability insurance.
  144. 26-6-108. Unearned premium reserve; increase of inadequate reserves.
  145. 26-6-201. Short title; definitions.
  146. 26-6-202. Annual valuation of reserves required; minimum standard valuation; other valuations accepted; conditions.
  147. 26-6-203. Reserve calculation; valuation net premium exceeding gross premium charged.
  148. 26-6-204. Repealed by Laws 1994, ch. 76, § 3.
  149. 26-6-205. Computation of minimum standard; reserve
  150. 26-6-206. Computation of minimum standard for annuities;
  151. 26-6-207. Minimum standards for accident and health insurance contracts including disability plans.
  152. 26-6-208. Actuarial opinion of reserves.
  153. 26-6-209. Valuation manual for policies and contracts;
  154. 26-6-210. Principle based valuation; requirements.
  155. 26-6-211. Experience data reporting for policies and contracts.
  156. 26-6-212. Confidential information; when disclosure is permitted.
  157. 26-6-213. Single state exemption.
  158. 26-6-301. Valuation of bonds and other debt securities.
  159. 26-6-302. Valuation of other securities.
  160. 26-6-303. Valuation of real and personal property.
  161. 26-6-304. Valuation of purchase money mortgages.
  162. 26-6-305. "Insolvency" and "impairment" defined.
  163. 26-6-401. Short title; effective date.
  164. 26-6-402. Actuarial opinion of reserves and supporting documentation.
  165. 26-6-403. Confidentiality.
  166. 26-7-101. Scope of chapter.
  167. 26-7-102. Definitions of terms used in chapter; determination of net earnings.
  168. 26-7-103. Eligible investments.
  169. 26-7-104. General qualifications for investments.
  170. 26-7-105. Investment authorization; record.
  171. 26-7-106. Diversification of and limits on investments.
  172. 26-7-107. Authorized investments.
  173. 26-7-108. Policy loans.
  174. 26-7-109. Collateral loans.
  175. 26-7-110. Miscellaneous loans and investments.
  176. 26-7-111. Security interest in chattels.
  177. 26-7-112. Security interest in chattels; time limit for disposal.
  178. 26-7-113. Disposal of ineligible investments; time limit for disposal.
  179. 26-7-114. Disposal of ineligible investments; failure to
  180. 26-7-115. Prohibited investments; securities underwriting prohibited.
  181. 26-7-116. Investments of foreign insurers.
  182. 26-8-101. Authorized deposits of insurers.
  183. 26-8-102. Purposes for holding deposits.
  184. 26-8-103. Securities eligible for deposit.
  185. 26-8-104. Depository.
  186. 26-8-105. Custodial arrangements.
  187. 26-8-106. Commissioner's record of deposits; vouchers as to assets deposited.
  188. 26-8-107. Assignment or transfer of securities deposited to commissioner.
  189. 26-8-108. Appraisal of securities deposited.
  190. 26-8-109. When excess deposits may be required.
  191. 26-8-110. Rights of solvent insurer.
  192. 26-8-111. Levy upon deposit.
  193. 26-8-112. Deficiency of deposit; failure to cure.
  194. 26-8-113. Duration and release of deposit.
  195. 26-8-114. Commissioner's liability.
  196. 26-8-201. Definitions.
  197. 26-8-202. Use of book-entry systems.
  198. 26-8-203. Deposit of securities by insurers.
  199. 26-8-204. Deposit of securities by foreign insurers.
  200. 26-9-101. Repealed by Laws 2001, Ch. 201, § 5.
  201. 26-9-102. Repealed by Laws 2001, Ch. 201, § 5.
  202. 26-9-103. Repealed by Laws 2001, Ch. 201, § 5.
  203. 26-9-104. Amended and renumbered as W.S. 26-9-226 by Laws 2001, Ch. 201, § 3.
  204. 26-9-105. Repealed by Laws 2001, Ch. 201, § 5.
  205. 26-9-106. Repealed by Laws 2001, Ch. 201, § 5.
  206. 26-9-107. Repealed by Laws 2001, Ch. 201, § 5.
  207. 26-9-108. Repealed by Laws 2001, Ch. 201, § 5.
  208. 26-9-109. Repealed by Laws 2001, Ch. 201, § 5.
  209. 26-9-110. Repealed by Laws 2001, Ch. 201, § 5.
  210. 26-9-111. Repealed by Laws 2001, Ch. 201, § 5.
  211. 26-9-112. Repealed by Laws 2001, Ch. 201, § 5.
  212. 26-9-113. Repealed by Laws 2001, Ch. 201, § 5.
  213. 26-9-114. Repealed by Laws 2001, Ch. 201, § 5.
  214. 26-9-115. Repealed by Laws 2001, Ch. 201, § 5.
  215. 26-9-116. Amended and renumbered as W.S. 26-9-227 by Laws 2001, Ch. 201, § 3.
  216. 26-9-117. Repealed by Laws 2001, Ch. 201, § 5.
  217. 26-9-118. Repealed by Laws 2001, Ch. 201, § 5.
  218. 26-9-119. Repealed by Laws 2001, Ch. 201, § 5.
  219. 26-9-120. Repealed by Laws 2001, Ch. 201, § 5.
  220. 26-9-121. Repealed by Laws 2001, Ch. 201, § 5.
  221. 26-9-122. Repealed by Laws 2001, Ch. 201, § 5.
  222. 26-9-123. Repealed by Laws 2001, Ch. 201, § 5.
  223. 26-9-124. Amended and renumbered as W.S. 26-9-223 by Laws 2001, Ch. 201, § 3.
  224. 26-9-125. Amended and renumbered as W.S. 26-9-224 by Laws 2001, Ch. 201, § 3.
  225. 26-9-126. Amended and renumbered as W.S. 26-9-225 by Laws 2001, Ch. 201, § 3.
  226. 26-9-127. Repealed by Laws 2001, Ch. 201, § 5.
  227. 26-9-128. Repealed by Laws 2001, Ch. 201, § 5.
  228. 26-9-129. Amended and renumbered as W.S. 26-9-228 by Laws 2001, Ch. 201, § 3.
  229. 26-9-130. Amended and renumbered as W.S. 26-9-229 by Laws 2001, Ch. 201, § 3.
  230. 26-9-131. Repealed by Laws 2001, Ch. 201, § 5.
  231. 26-9-132. Repealed by Laws 2001, Ch. 201, § 5.
  232. 26-9-133. Repealed by Laws 2001, Ch. 201, § 5.
  233. 26-9-134. Amended and renumbered as W.S. 26-9-230 by Laws 2001, Ch. 201, § 3.
  234. 26-9-135. Amended and renumbered as W.S. 26-9-219 by Laws 2001, Ch. 201, § 3.
  235. 26-9-136. Repealed by Laws 2001, Ch. 201, § 5.
  236. 26-9-137. Repealed by Laws 2001, Ch. 201, § 5.
  237. 26-9-138. Renumbered as W.S. 26-9-232 by Laws 2001, Ch.
  238. 26-9-139. Amended and renumbered as W.S. 26-9-220 by Laws 2001, Ch. 201, § 3.
  239. 26-9-140. Amended and renumbered as W.S. 26-9-221 by Laws 2001, Ch. 201, § 3.
  240. 26-9-141. Amended and renumbered as W.S. 26-9-231 by Laws 2001, Ch. 201, § 3.
  241. 26-9-142. Amended and renumbered as W.S. 26-9-222 by Laws 2001, Ch. 201, § 3.
  242. 26-9-201. Purpose and scope.
  243. 26-9-202. Definitions.
  244. 26-9-203. License required.
  245. 26-9-204. Exceptions to licensing.
  246. 26-9-205. Application for examination.
  247. 26-9-206. Application for license.
  248. 26-9-207. License.
  249. 26-9-208. Nonresident licensing.
  250. 26-9-209. Exemption from examination.
  251. 26-9-210. Temporary licensing.
  252. 26-9-211. License denial, nonrenewal or revocation.
  253. 26-9-212. Commissions.
  254. 26-9-213. Appointments.
  255. 26-9-214. Notification to commissioner of termination.
  256. 26-9-215. Reciprocity.
  257. 26-9-216. Reporting of actions.
  258. 26-9-217. Regulations; limitation.
  259. 26-9-218. Repealed By Laws 2011, Ch. 60, § 3.
  260. 26-9-219. Adjuster's license; exception; notification.
  261. 26-9-220. Insurance consultants.
  262. 26-9-221. Repealed by Laws 2017, ch. 15, § 3.
  263. 26-9-222. Repealed By Laws 2011, Ch. 60, § 3.
  264. 26-9-223. Repealed by Laws 2004, Ch. 7, § 2.
  265. 26-9-224. Scope of broker's authority; broker's commissions.
  266. 26-9-225. Broker and agent license combinations.
  267. 26-9-226. "Controlled business" restrictions.
  268. 26-9-227. Authority under license to transact business; nontransferability.
  269. 26-9-228. Place of business of licensees; display of licenses; records.
  270. 26-9-229. Reporting and accounting for premiums.
  271. 26-9-230. Service of process on nonresident producers.
  272. 26-9-231. Continuing education.
  273. 26-9-232. Repealed by Laws 2022, ch. 46, § 3.
  274. 26-9-233. Assumed names.
  275. 26-9-234. Specialty limited lines producer license.
  276. 26-9-235. Licensing examination review panel.
  277. 26-10-101. Repealed by Laws 2017, ch. 9, § 3.
  278. 26-10-102. Repealed by Laws 2017, ch. 9, § 3.
  279. 26-10-103. Repealed by Laws 2017, ch. 9, § 3.
  280. 26-10-104. Repealed by Laws 2017, ch. 9, § 3.
  281. 26-10-105. Repealed by Laws 2017, ch. 9, § 3.
  282. 26-10-106. Repealed by Laws 2017, ch. 9, § 3.
  283. 26-10-107. Repealed by Laws 2017, ch. 9, § 3.
  284. 26-10-108. Repealed by Laws 2017, ch. 9, § 3.
  285. 26-10-109. Repealed by Laws 2017, ch. 9, § 3.
  286. 26-11-101. Short title.
  287. 26-11-102. Home state regulation of nonadmitted insurance; exemptions.
  288. 26-11-103. Definitions.
  289. 26-11-104. Conditions for export.
  290. 26-11-105. Surplus lines transaction report.
  291. 26-11-106. Open lines for export.
  292. 26-11-107. Requirements for eligible nonadmitted insurers; publication of eligible insurers.
  293. 26-11-108. Evidence of surplus lines insurance.
  294. 26-11-109. Required information on surplus lines contracts; duty to notify insured.
  295. 26-11-110. Enforceability and validity of nonadmitted insurance.
  296. 26-11-111. Liability of insurer as to losses and unearned premiums; applicability of section to insurers.
  297. 26-11-112. Surplus lines broker's license; authority for issuance; application; fee; applicable law.
  298. 26-11-113. Surplus lines broker's license; suspension or revocation; grounds; procedure.
  299. 26-11-114. Surplus line broker's bond.
  300. 26-11-115. Surplus lines broker may accept and place business from producers.
  301. 26-11-116. Records of broker; contents; examination.
  302. 26-11-117. Surplus lines broker affidavit report.
  303. 26-11-118. Tax on surplus lines.
  304. 26-11-119. Failure to file report or pay tax; penalty.
  305. 26-11-120. Service of process against nonadmitted insurer.
  306. 26-11-121. Rules and regulations.
  307. 26-11-122. Disclosure to commissioner of insurance placed with nonadmitted insurer.
  308. 26-11-123. Interstate insurance regulatory cooperation.
  309. 26-11-124. Independently procured insurance; duty to report and pay tax.
  310. 26-12-101. "Industrial insured" defined.
  311. 26-12-102. Representing or aiding unauthorized insurers prohibited; exceptions.
  312. 26-12-103. Suits by unauthorized insurers prohibited.
  313. 26-12-201. Short title; interpretation of article.
  314. 26-12-202. Commissioner as agent for service.
  315. 26-12-203. Service of process generally.
  316. 26-12-204. Exemptions from service of process provisions.
  317. 26-12-205. Defense of action by unauthorized insurer.
  318. 26-12-206. Attorney fees in actions against unauthorized insurer.
  319. 26-12-301. Short title.
  320. 26-12-302. False advertising prohibited; notification by commissioner of misrepresentation.
  321. 26-12-303. Enforcement by commissioner; penalty for violation.
  322. 26-13-101. Short title.
  323. 26-13-102. Unfair methods and deceptive acts prohibited.
  324. 26-13-103. Misrepresentations and false advertising prohibited.
  325. 26-13-104. Home office false advertising prohibited.
  326. 26-13-105. "Twisting" prohibited.
  327. 26-13-106. False or misleading financial statements prohibited.
  328. 26-13-107. Defamation prohibited.
  329. 26-13-108. Boycott, coercion and intimidation prohibited; exception.
  330. 26-13-109. Unfair discrimination prohibited.
  331. 26-13-110. Rebates.
  332. 26-13-111. Repealed by Laws 2023, ch. 32, § 2.
  333. 26-13-112. Repealed by Laws 2023, ch. 32, § 2.
  334. 26-13-113. Deductible amount of collision coverage; subrogation; right to deductible.
  335. 26-13-114. Securities operations and advisory board contracts as insurance inducement prohibited.
  336. 26-13-115. Desist orders by commissioner; appeal; violation of order.
  337. 26-13-116. Procedures for undefined deceptive practices.
  338. 26-13-117. Service of process upon unauthorized insurers.
  339. 26-13-118. Favored agent or insurer.
  340. 26-13-119. Interlocking ownership and management.
  341. 26-13-120. Political contributions prohibited; penalty.
  342. 26-13-121. Illegal dealing in premiums; excess charges for insurance.
  343. 26-13-122. Fictitious groups prohibited.
  344. 26-13-123. Repealed by Laws 1995, ch. 175, § 2.
  345. 26-13-124. Unfair claims settlement practices.
  346. 26-13-125. Certificates of insurance.
  347. 26-13-201. False applications, claims and proofs of loss prohibited.
  348. 26-13-202. Penalties.
  349. 26-13-301. Short title.
  350. 26-13-302. Purpose and intent.
  351. 26-13-303. Definitions.
  352. 26-13-304. Discretionary clause prohibited.
  353. 26-13-305. Penalties.
  354. 26-14-101. Purpose of chapter; liberal interpretation.
  355. 26-14-102. Scope and applicability of chapter; liberal interpretation.
  356. 26-14-103. Definitions.
  357. 26-14-104. Competitive market presumed to exist.
  358. 26-14-105. Rating standards; methods.
  359. 26-14-106. Rate regulation.
  360. 26-14-107. Filing of rates; supplementary rate
  361. 26-14-108. Disapproval of rates; bases; procedures.
  362. 26-14-109. Advisory organizations; registration required; authorized activities; availability of services.
  363. 26-14-110. Records and reports; exchange of information.
  364. 26-14-111. Insurers and advisory organizations; monopolies prohibited; agreements to adhere prohibited.
  365. 26-14-112. Joint underwriting; pool and residual market activities.
  366. 26-14-113. Examinations; records; costs; report in lieu of examination.
  367. 26-14-114. Exemptions.
  368. 26-14-115. Dividends.
  369. 26-14-116. Penalties; technical violations; revocation and suspension of license; written orders; contents.
  370. 26-14-117. Judicial review.
  371. 26-14-118. Notice and hearing.
  372. 26-14-119. Repealed by Laws 1994, ch. 86, § 3.
  373. 26-15-101. Scope of chapter.
  374. 26-15-102. Life insurance upon individual or person in
  375. 26-15-103. Life insurance for benefit of charitable institutions.
  376. 26-15-104. Insurable interest in property; "insurable interest" defined.
  377. 26-15-105. Purchase of life insurance by or for minors or any person of competent legal capacity.
  378. 26-15-106. Application to be made by individual insured; exceptions.
  379. 26-15-107. Alteration of application prohibited; exceptions.
  380. 26-15-108. Application as evidence.
  381. 26-15-109. Statements in applications as representations and not as warranties; misrepresentations.
  382. 26-15-110. Filing and approval of application forms.
  383. 26-15-111. Filing and approval of application forms; grounds for disapproval.
  384. 26-15-112. Standard and uniform provisions of policies.
  385. 26-15-113. Contents of policies generally.
  386. 26-15-114. Additional policy contents.
  387. 26-15-115. Adoption of charter and bylaws by reference prohibited.
  388. 26-15-116. Execution of policies.
  389. 26-15-117. Underwriters' and combination policies.
  390. 26-15-118. Validity and construction of noncomplying policies.
  391. 26-15-119. Binders and other contracts for temporary insurance.
  392. 26-15-120. Delivery of policy; duplicate policies.
  393. 26-15-121. Renewal by certificate or endorsement.
  394. 26-15-122. Assignment of policies.
  395. 26-15-123. Payment discharges insurer.
  396. 26-15-124. Claim to be accepted or rejected; attorney's fee.
  397. 26-15-125. Repealed by Laws 1993, ch. 1, § 2.
  398. 26-15-126. Forms for proof of loss to be furnished.
  399. 26-15-127. Uniform health insurance claim forms.
  400. 26-15-128. Insurer's acts not constituting waiver of policy provisions or defenses.
  401. 26-15-129. Exemption of proceeds; life insurance.
  402. 26-15-130. Exemption of proceeds; disability insurance.
  403. 26-15-131. Exemption of proceeds; group insurance.
  404. 26-15-132. Exemption of proceeds; annuity contracts; assignability of rights.
  405. 26-15-133. Retention of proceeds of policy by company.
  406. 26-15-134. Venue of suits against insurers.
  407. 26-15-135. Coverage of children.
  408. 26-15-136. Assignment of insurance proceeds to doctor,
  409. 26-15-137. Time limit to seek reimbursement for health insurance overpayments.
  410. 26-15-201. Interstate insurance product regulation compact.
  411. 26-16-101. Scope and applicability of chapter.
  412. 26-16-102. Standard provisions required.
  413. 26-16-103. Grace period.
  414. 26-16-104. Incontestability.
  415. 26-16-105. Policy and application constitutes entire contract; statements deemed representations.
  416. 26-16-106. Misstatement of age.
  417. 26-16-107. Dividends.
  418. 26-16-108. Policy loans.
  419. 26-16-109. Table of installments required.
  420. 26-16-110. Reinstatement of policies.
  421. 26-16-111. Time and place of payment of premiums.
  422. 26-16-112. Payment of claims.
  423. 26-16-113. Beneficiaries of industrial life insurance policies.
  424. 26-16-114. Title on policy.
  425. 26-16-115. Excluded or restricted coverage under incontestability clause.
  426. 26-16-116. Annuity and pure endowment contracts; standard provisions.
  427. 26-16-117. Annuity and pure endowment contracts; provisions to be contained.
  428. 26-16-118. Standard provisions for reversionary annuities.
  429. 26-16-119. Provisions limiting liability in life insurance policies prohibited; exceptions.
  430. 26-16-120. Prohibited provisions generally in life insurance policies and industrial life insurance policies.
  431. 26-16-121. Failure to pay premiums; notification.
  432. 26-16-201. Short title; policy issue date; valuation manual operative date.
  433. 26-16-202. Policy provisions.
  434. 26-16-203. Cash surrender values.
  435. 26-16-204. Paid-up nonforfeiture benefits.
  436. 26-16-205. Section applicability; adjusted premiums.
  437. 26-16-206. Varying amount of insurance based on policy duration; uniform equivalent.
  438. 26-16-207. Adjustment of premiums for benefits provided by rider or supplemental policy provision.
  439. 26-16-208. Section applicability; calculation of certain adjusted premiums.
  440. 26-16-209. Section applicability; premium adjustment for any policy; annual calculation; exception.
  441. 26-16-210. Determination of specified life insurance plan premiums and benefits.
  442. 26-16-211. Calculating cash surrender and paid-up
  443. 26-16-212. Applicability of article.
  444. 26-16-301. Nonforfeiture benefits on old policies.
  445. 26-16-401. Short title.
  446. 26-16-402. Applicability of article.
  447. 26-16-403. Contract provisions.
  448. 26-16-404. Minimum nonforfeiture amounts upon which certain minimum values are to be based.
  449. 26-16-405. Present value of paid-up annuity benefits.
  450. 26-16-406. Calculating cash surrender benefits available prior to contract maturity.
  451. 26-16-407. Minimum paid-up annuity benefit available as a nonforfeiture option.
  452. 26-16-408. Annuity contract optional maturity dates.
  453. 26-16-409. Calculating benefits under contracts with fixed schedule considerations.
  454. 26-16-410. Calculating minimum annuity and life insurance
  455. 26-16-411. Operative date of article.
  456. 26-16-501. Incontestability and limitation of liability after reinstatement.
  457. 26-16-502. Allocation to separate accounts to provide for
  458. 26-16-503. Insurer issuing participating and nonparticipating policies; records.
  459. 26-16-504. Policy plans prohibited.
  460. 26-16-505. Unclaimed life insurance benefits.
  461. 26-17-101. Applicability of chapter; short title.
  462. 26-17-102. Group contracts must meet group requirements; inapplicability of section; old contracts saved.
  463. 26-17-103. Employee groups.
  464. 26-17-104. Debtor groups for benefit of creditor.
  465. 26-17-105. Labor union groups.
  466. 26-17-106. Trustee groups.
  467. 26-17-107. Repealed by Laws 1990, ch. 3, § 3.
  468. 26-17-108. Dependents' coverage.
  469. 26-17-109. Credit union group.
  470. 26-17-110. Provisions required in group contracts; exceptions.
  471. 26-17-111. Grace period.
  472. 26-17-112. Incontestability.
  473. 26-17-113. Application; statements are representations.
  474. 26-17-114. Evidence of insurability.
  475. 26-17-115. Misstatement of age.
  476. 26-17-116. Payment of benefits.
  477. 26-17-117. Certificate of policyholders.
  478. 26-17-118. Conversion on termination of eligibility.
  479. 26-17-119. Conversion on termination of policy.
  480. 26-17-120. Death pending conversion.
  481. 26-17-121. Information to debtor insured under creditor's policy.
  482. 26-17-122. Notice as to conversion right.
  483. 26-17-123. Readjustment of premiums.
  484. 26-17-124. Application of dividends; rate reductions.
  485. 26-17-125. "Wholesale life insurance" defined.
  486. 26-17-126. Assignment of incidents of ownership under group life insurance policy.
  487. 26-17-127. Additional groups.
  488. 26-17-128. Insurance for associations.
  489. 26-17-129. Notice of compensation.
  490. 26-17-130. Continuation during disability.
  491. 26-18-101. Short title.
  492. 26-18-102. Scope and applicability of chapter.
  493. 26-18-103. General requirements for policies.
  494. 26-18-104. Standard policy provisions; substitutions and omissions.
  495. 26-18-105. Policy constitutes entire contract; changes in policy.
  496. 26-18-106. Time limit on certain defenses.
  497. 26-18-107. Grace period.
  498. 26-18-108. Reinstatement.
  499. 26-18-109. Notice of claim; loss-of-time benefit.
  500. 26-18-110. Claim forms.
  501. 26-18-111. Proofs of loss.
  502. 26-18-112. Time of payment of claims.
  503. 26-18-113. Payment of claims.
  504. 26-18-114. Physical examination and autopsy.
  505. 26-18-115. Legal actions.
  506. 26-18-116. Change of beneficiary.
  507. 26-18-117. Optional policy provisions.
  508. 26-18-118. Change of occupation.
  509. 26-18-119. Misstatement of age.
  510. 26-18-120. Overinsurance; same insurer.
  511. 26-18-121. Overinsurance; all coverages.
  512. 26-18-122. Relation of earnings to insurance.
  513. 26-18-123. Unpaid premiums.
  514. 26-18-124. Conformity with state statutes.
  515. 26-18-125. Illegal occupation.
  516. 26-18-126. Intoxicants and narcotics.
  517. 26-18-127. Renewability.
  518. 26-18-128. Order of provisions of policy.
  519. 26-18-129. Third-party ownership.
  520. 26-18-130. Requirements of other jurisdictions.
  521. 26-18-131. Policies issued for delivery in another state.
  522. 26-18-132. Policies less favorable than provisions of chapter prohibited.
  523. 26-18-133. Age limit.
  524. 26-18-134. Prohibited policy plans and provisions.
  525. 26-18-135. Filing of rates; adherence to rates filed.
  526. 26-18-136. Franchise disability insurance.
  527. 26-18-137. Repealed by Laws 1990, ch. 15, § 3.
  528. 26-18-201. Definitions.
  529. 26-18-202. Sale of medical and surgical insurance policies approved in identified other states.
  530. 26-18-203. Approval of policies.
  531. 26-18-204. Financial requirements; continuing compliance.
  532. 26-18-205. Multi-state consortium; reciprocity requirements.
  533. 26-18-206. Rules and regulations.
  534. 26-18-207. Conflict with other code provisions.
  535. 26-18-208. Authorization date.
  536. 26-18-301. Definitions.
  537. 26-18-302. Sale of health insurance policies approved in other states.
  538. 26-18-303. Financial requirements; continuing compliance.
  539. 26-18-304. Disclaimers required.
  540. 26-18-305. Rules and regulations.
  541. 26-18-306. Conflict with other code provisions.
  542. 26-18-307. Authorization date.
  543. 26-19-101. Scope and applicability of article; short title.
  544. 26-19-102. "Group disability insurance" defined; eligible groups.
  545. 26-19-103. Repealed by Laws 1990, ch. 5, § 3.
  546. 26-19-104. Repealed by Laws 1990, ch. 5, § 3.
  547. 26-19-105. Readjustment of premiums; dividends.
  548. 26-19-106. Blanket disability insurance; defined.
  549. 26-19-107. Group disability and blanket insurance standard provisions; exceptions.
  550. 26-19-108. Group disability and blanket insurance standard
  551. 26-19-109. To whom benefits are payable.
  552. 26-19-110. Additional disability insurance groups; requirements.
  553. 26-19-111. Notice of compensation.
  554. 26-19-112. Dependent group disability insurance.
  555. 26-19-113. Continuation of group coverage after termination of employment or membership.
  556. 26-19-114. Failure to pay premiums; notification.
  557. 26-19-115. Multiple employer welfare arrangements;
  558. 26-19-201. Purpose and scope of article.
  559. 26-19-202. Definitions.
  560. 26-19-203. Continuance of coverage where one carrier's
  561. 26-19-204. Violations; penalty.
  562. 26-19-301. Short title.
  563. 26-19-302. Definitions.
  564. 26-19-303. Applicability and scope.
  565. 26-19-304. Restrictions relating to premium rates.
  566. 26-19-305. Renewability of coverage.
  567. 26-19-306. Availability of coverage.
  568. 26-19-307. Small employer carrier reinsurance program.
  569. 26-19-308. Health benefit plan committee.
  570. 26-19-309. Periodic market evaluation.
  571. 26-19-310. Administrative procedures.
  572. 26-19-311. Small employer carrier reinsurance account created.
  573. 26-19-312. Small employer carrier reinsurance program assessments; premium tax credit.
  574. 26-20-101. Newly born and adopted child coverage required.
  575. 26-20-102. Specific coverage.
  576. 26-20-103. Premiums.
  577. 26-20-104. Applicability of article.
  578. 26-20-201. Diabetes coverage required.
  579. 26-20-301. Clinical trials and studies coverage required.
  580. 26-20-401. Inherited enzymatic disorder coverage required.
  581. 26-20-501. Prescription eye drop refill coverage required.
  582. 26-20-601. Oral chemotherapy parity with injectable and intravenous.
  583. 26-20-701. Required parity for mental health and substance use disorder insurance.
  584. 26-20-702. Reimbursement for mental health and substance use disorder benefits.
  585. 26-20-801. Definitions.
  586. 26-20-802. Discrimination prohibited.
  587. 26-20-803. Living organ donor and organ transplant recipient coverage.
  588. 26-21-101. Scope and applicability of chapter.
  589. 26-21-102. Definitions.
  590. 26-21-103. Forms of credit life and credit disability insurance.
  591. 26-21-104. Amount of credit life insurance.
  592. 26-21-105. Credit disability insurance.
  593. 26-21-106. Term of insurance.
  594. 26-21-107. Provisions of policies and certificates; disclosure to debtors.
  595. 26-21-108. Filing of policies with commissioner; approval or disapproval; withdrawal of approval.
  596. 26-21-109. Schedules of premiums; refunds.
  597. 26-21-110. Collection of premiums.
  598. 26-21-111. Premium not deemed interest; gains to creditor not violation.
  599. 26-21-112. Issuance and delivery of policies.
  600. 26-21-113. Claims.
  601. 26-21-114. Choice of debtor to use existing insurance or new insurance for additional security.
  602. 26-22-101. Reimbursement for health services provided by
  603. 26-22-102. Requirements of accident and sickness insurance to tax supported institutions.
  604. 26-22-103. Applicability; compliance by use of endorsements or riders.
  605. 26-22-104. Reimbursement for health care; includes health care by psychologists.
  606. 26-22-201. Group health insurance conversion.
  607. 26-22-202. Issuance of a converted policy; conditions.
  608. 26-22-301. Prepaid hospital, medical-surgical or other
  609. 26-22-401. Required provision of individual or group policy or contract.
  610. 26-22-501. Short title.
  611. 26-22-502. Definitions.
  612. 26-22-503. Policies with incentives or limits on reimbursement authorized; conditions.
  613. 26-22-504. Refusal to contract or compensate for covered services.
  614. 26-22-505. Dental insurance; limitation on fee schedules for noncovered services; definition; applicability.
  615. 26-22-506. Third party access to network contracts; dental care service plans; waiver prohibited; definitions.
  616. 26-23-101. Overinsurance prohibited.
  617. 26-23-102. Adjuster's reports of overinsurance and causes of fire; reports deemed privileged communications.
  618. 26-23-103. Return of excess premium in certain cases of total destruction.
  619. 26-23-104. Terms of policies; extension.
  620. 26-23-105. Exemptions.
  621. 26-23-106. Use of insurance support organizations limited.
  622. 26-23-107. Cancellation and nonrenewal of homeowner's insurance policies for natural causes restricted.
  623. 26-23-108. Restrictions on underwriting for homeowner policies.
  624. 26-23-109. Insurance coverage for real property subject to transfer on death deeds.
  625. 26-23-201. Casualty and surety contracts subject to provisions of code.
  626. 26-23-301. Short title.
  627. 26-23-302. Applicability of article; construction with other laws.
  628. 26-23-303. Definitions.
  629. 26-23-304. Corporate form required.
  630. 26-23-305. Title insurers; authorized activities.
  631. 26-23-306. Limitations on powers.
  632. 26-23-307. Single risk limitation.
  633. 26-23-308. Underwriting standards; record retention.
  634. 26-23-309. Reinsurance reserve.
  635. 26-23-310. Use of reinsurance reserve on liquidation, dissolution or insolvency.
  636. 26-23-311. Loss and loss expense reserve.
  637. 26-23-312. Reinsurance.
  638. 26-23-313. Investments.
  639. 26-23-314. Conditions for providing escrow, closing or
  640. 26-23-315. Identification of title agents.
  641. 26-23-316. Title agents; license required; requirements as to license.
  642. 26-23-317. Title agents; application for license.
  643. 26-23-318. Title agents; issuance of license; expiration; renewal.
  644. 26-23-319. Title agents; records.
  645. 26-23-320. Title agents; report of claims.
  646. 26-23-321. Title agents; refusal, suspension or revocation of license; fine instead of suspension.
  647. 26-23-322. Rebates and inducements prohibited.
  648. 26-23-323. Division of premiums and charges.
  649. 26-23-324. Favored title agent or insurer.
  650. 26-23-325. Premium rate standards.
  651. 26-23-326. Premium rate schedules.
  652. 26-23-327. Publication of schedules of premiums and charges.
  653. 26-23-328. Form filing.
  654. 26-23-329. Form standards.
  655. 26-23-330. Endorsements.
  656. 26-23-331. Notice of issuance of mortgagee policy.
  657. 26-23-332. Filing by rating bureaus permitted.
  658. 26-23-333. Regulations.
  659. 26-23-334. Enforcement.
  660. 26-23-335. Filing of schedule of risk rates; attaching schedule of rates and charges to policy.
  661. 26-23-336. Mortgagee policies.
  662. 26-23-401. Qualifications for group or master personal and commercial lines property and casualty insurance policies.
  663. 26-23-402. Group or master policy.
  664. 26-23-403. Policy coverage.
  665. 26-23-404. Duties and limitations of insurers.
  666. 26-23-405. Regulatory jurisdiction.
  667. 26-23-406. Effective date.
  668. 26-24-101. Scope and applicability of chapter.
  669. 26-24-102. Applicability of general corporation statutes; exceptions.
  670. 26-24-103. Incorporation generally.
  671. 26-24-104. Articles of incorporation; generally; filing; approval procedure.
  672. 26-24-105. Articles of incorporation; amendment by stock insurers.
  673. 26-24-106. Articles of incorporation; amendment by mutual insurers.
  674. 26-24-107. Stock of domestic insurer to be paid for in cash; exceptions.
  675. 26-24-108. Domestic insurers to engage in insurance business exclusively; exception as to title insurers.
  676. 26-24-109. Initial requirements of domestic mutual insurers; authorized transactions.
  677. 26-24-110. Bond or deposit required of domestic mutual insurers.
  678. 26-24-111. Applications for domestic mutual insurance; solicitation by licensed agents.
  679. 26-24-112. Deposit in trust of premiums collected by
  680. 26-24-113. Failure of domestic mutual insurer to qualify.
  681. 26-24-114. Additional kinds of insurance mutuals.
  682. 26-24-115. Membership in mutuals.
  683. 26-24-116. Bylaws of mutuals.
  684. 26-24-117. Meetings of members of domestic mutual insurers; where held; annual meeting.
  685. 26-24-118. Meetings of members of domestic mutual insurers; special meetings.
  686. 26-24-119. Voting rights of members of mutual insurers.
  687. 26-24-120. Information to stockholders of domestic stock insurers; proxy regulations.
  688. 26-24-121. Boards of directors.
  689. 26-24-122. Notice of changes of officers and directors.
  690. 26-24-123. Management in national emergency; purpose of emergency provisions.
  691. 26-24-124. Emergency bylaws.
  692. 26-24-125. Emergency provisions in lieu of bylaws.
  693. 26-24-126. Emergency succession of officers; change of home office location.
  694. 26-24-127. Pecuniary interests of officers or directors prohibited.
  695. 26-24-128. Management and exclusive agency contracts.
  696. 26-24-129. Home office records and assets; penalty for removal; out-of-state branch operations.
  697. 26-24-130. Voucher required for disbursements.
  698. 26-24-131. Borrowing by insurers.
  699. 26-24-132. Participating policies.
  700. 26-24-133. Dividends to stockholders.
  701. 26-24-134. Dividends to policyholders of mutual insurer.
  702. 26-24-135. Contingent liability of mutual member generally.
  703. 26-24-136. Levy of contingent liability.
  704. 26-24-137. Enforcement of contingent liability.
  705. 26-24-138. Nonassessable policies.
  706. 26-24-139. Revocation of authority to issue policies without contingent liability.
  707. 26-24-140. Issuance of policies in other states.
  708. 26-24-141. Impairment of capital or assets; generally.
  709. 26-24-142. Impairment of capital or assets; liability of directors for deficiencies.
  710. 26-24-143. Impairment of capital or assets; assessment of stockholders or members.
  711. 26-24-144. Impairment of capital or assets; transfer of shares during impairment.
  712. 26-24-145. Mutualization of stock insurer.
  713. 26-24-146. Converting mutual insurer to stock insurer.
  714. 26-24-147. Merger or consolidation of stock insurers.
  715. 26-24-148. Acquisitions and exchanges in shares of another stock insurer.
  716. 26-24-149. Mutual and stock insurer merger prohibited; merger or consolidation of mutual insurers.
  717. 26-24-150. Bulk reinsurance.
  718. 26-24-151. Mutual members' share of assets upon liquidation.
  719. 26-25-101. Scope and applicability of chapter.
  720. 26-25-102. "Equity security" defined.
  721. 26-25-103. Statement of ownership of equity securities; when filing required.
  722. 26-25-104. Recovery of profits from certain sales and purchases of equity securities.
  723. 26-25-105. Unlawful sales of equity securities.
  724. 26-25-106. Excepted securities.
  725. 26-25-107. Arbitrage transactions excluded; exception.
  726. 26-25-108. Exclusion of certain registered or closely held securities.
  727. 26-25-109. Commissioner's rules and regulations.
  728. 26-26-101. Repealed by Laws 2018, ch. 21, § 2.
  729. 26-26-102. Repealed by Laws 2018, ch. 21, § 2.
  730. 26-26-103. Repealed by Laws 2018, ch. 21, § 2.
  731. 26-26-104. Repealed by Laws 2018, ch. 21, § 2.
  732. 26-26-105. Repealed by Laws 2018, ch. 21, § 2.
  733. 26-26-106. Repealed by Laws 2018, ch. 21, § 2.
  734. 26-26-107. Repealed by Laws 2018, ch. 21, § 2.
  735. 26-26-108. Repealed by Laws 2018, ch. 21, § 2.
  736. 26-26-109. Repealed by Laws 2018, ch. 21, § 2.
  737. 26-26-110. Repealed by Laws 2018, ch. 21, § 2.
  738. 26-26-111. Repealed by Laws 2018, ch. 21, § 2.
  739. 26-26-112. Repealed by Laws 2018, ch. 21, § 2.
  740. 26-26-113. Repealed by Laws 2018, ch. 21, § 2.
  741. 26-26-114. Repealed by Laws 2018, ch. 21, § 2.
  742. 26-26-115. Repealed by Laws 2018, ch. 21, § 2.
  743. 26-26-116. Repealed by Laws 2018, ch. 21, § 2.
  744. 26-26-117. Repealed by Laws 2018, ch. 21, § 2.
  745. 26-26-118. Repealed by Laws 2018, ch. 21, § 2.
  746. 26-26-119. Repealed by Laws 2018, ch. 21, § 2.
  747. 26-26-120. Repealed by Laws 2018, ch. 21, § 2.
  748. 26-26-121. Repealed by Laws 2018, ch. 21, § 2.
  749. 26-26-122. Repealed by Laws 2018, ch. 21, § 2.
  750. 26-26-123. Repealed by Laws 2018, ch. 21, § 2.
  751. 26-26-124. Repealed by Laws 2018, ch. 21, § 2.
  752. 26-26-125. Repealed by Laws 2018, ch. 21, § 2.
  753. 26-26-126. Repealed by Laws 2018, ch. 21, § 2.
  754. 26-26-127. Repealed by Laws 2018, ch. 21, § 2.
  755. 26-26-128. Repealed by Laws 2018, ch. 21, § 2.
  756. 26-26-129. Repealed by Laws 2018, ch. 21, § 2.
  757. 26-26-130. Repealed by Laws 2018, ch. 21, § 2.
  758. 26-26-131. Repealed by Laws 2018, ch. 21, § 2.
  759. 26-27-101. Definitions.
  760. 26-27-102. Scope and applicability of chapter; existing insurers.
  761. 26-27-103. Insuring powers.
  762. 26-27-104. Name; power to sue or be sued.
  763. 26-27-105. Attorney deemed not doing business in state; subscribers and attorney comprise single entity.
  764. 26-27-106. Surplus funds required.
  765. 26-27-107. Organization; declaration.
  766. 26-27-108. Certificate of authority generally.
  767. 26-27-109. Power of attorney.
  768. 26-27-110. Modifications of subscribers' agreement or power of attorney.
  769. 26-27-111. Attorney's bond; generally.
  770. 26-27-112. Attorney's bond; deposit instead of bond.
  771. 26-27-113. Attorney's bond; action on bond; deposit of amounts recovered; total aggregate liability.
  772. 26-27-114. Service of process; judgments.
  773. 26-27-115. Advances to insurer.
  774. 26-27-116. Annual statement.
  775. 26-27-117. Determining financial condition of reciprocal insurer.
  776. 26-27-118. Who may be subscribers.
  777. 26-27-119. Subscribers' advisory committee.
  778. 26-27-120. Subscribers' liability; generally.
  779. 26-27-121. Subscribers' liability; liability upon judgment.
  780. 26-27-122. Assessment of subscribers.
  781. 26-27-123. Time limit for assessments.
  782. 26-27-124. Aggregate liability.
  783. 26-27-125. Nonassessable policies.
  784. 26-27-126. Distribution of savings.
  785. 26-27-127. Distribution of subscribers' share of assets upon liquidation.
  786. 26-27-128. Merger or conversion.
  787. 26-27-129. Impaired reciprocals; liquidation.
  788. 26-28-101. Definitions.
  789. 26-28-102. Delinquency proceedings; jurisdiction; venue; change of venue; exclusiveness of remedy; appeal.
  790. 26-28-103. Delinquency proceedings; commencement.
  791. 26-28-104. Injunctions.
  792. 26-28-105. Grounds for receivership; rehabilitation of domestic insurer.
  793. 26-28-106. Grounds for receivership; liquidation.
  794. 26-28-107. Grounds for conservation; foreign insurers or alien insurers.
  795. 26-28-108. Grounds for ancillary liquidation of foreign insurers.
  796. 26-28-109. Order of rehabilitation.
  797. 26-28-110. Order of liquidation.
  798. 26-28-111. Order of conservation or ancillary liquidation of foreign or alien insurer.
  799. 26-28-112. Conduct of delinquency proceedings; domestic and alien insurers.
  800. 26-28-113. Conduct of delinquency proceedings; foreign insurers.
  801. 26-28-114. Claims of nonresidents against domestic insurers.
  802. 26-28-115. Claims against foreign insurers.
  803. 26-28-116. Claims generally.
  804. 26-28-117. Priority of certain claims.
  805. 26-28-118. Attachment, garnishment or execution during pendency of delinquency proceedings.
  806. 26-28-119. Sections constituting Uniform Insurers Liquidation Act; interpretation and construction.
  807. 26-28-120. Deposit of monies collected.
  808. 26-28-121. Commissioner exempt from payment of fees.
  809. 26-28-122. Power of commissioner to borrow on pledge of assets.
  810. 26-28-123. Date rights fixed on liquidation.
  811. 26-28-124. Voidable transfers.
  812. 26-28-125. Priority of distribution of an insolvent insurer's assets.
  813. 26-28-126. Offsets.
  814. 26-28-127. Allowance of certain claims after insolvency; entry of liquidation order.
  815. 26-28-128. Order of insolvency; time to file claims after insolvency order; payment of claims; procedure.
  816. 26-28-129. Report and petition for assessment.
  817. 26-28-130. Order and levy of assessment.
  818. 26-28-131. Assessment prima facie correct; notice of amount of assessment; proceedings to enforce payment.
  819. 26-29-101. Repealed by Laws 1989, ch. 184, § 2.
  820. 26-29-102. Repealed by Laws 1989, ch. 184, § 2.
  821. 26-29-103. Repealed by Laws 1989, ch. 184, § 2.
  822. 26-29-104. Repealed by Laws 1989, ch. 184, § 2.
  823. 26-29-105. Repealed by Laws 1989, ch. 184, § 2.
  824. 26-29-106. Repealed by Laws 1989, ch. 184, § 2.
  825. 26-29-107. Repealed by Laws 1989, ch. 184, § 2.
  826. 26-29-108. Repealed by Laws 1989, ch. 184, § 2.
  827. 26-29-109. Repealed by Laws 1989, ch. 184, § 2.
  828. 26-29-110. Repealed by Laws 1989, ch. 184, § 2.
  829. 26-29-111. Repealed by Laws 1989, ch. 184, § 2.
  830. 26-29-112. Repealed by Laws 1989, ch. 184, § 2.
  831. 26-29-113. Repealed by Laws 1989, ch. 184, § 2.
  832. 26-29-114. Repealed by Laws 1989, ch. 184, § 2.
  833. 26-29-115. Repealed by Laws 1989, ch. 184, § 2.
  834. 26-29-116. Repealed by Laws 1989, ch. 184, § 2.
  835. 26-29-117. Repealed by Laws 1989, ch. 184, § 2.
  836. 26-29-118. Repealed by Laws 1989, ch. 184, § 2.
  837. 26-29-119. Repealed by Laws 1989, ch. 184, § 2.
  838. 26-29-120. Repealed by Laws 1989, ch. 184, § 2.
  839. 26-29-121. Repealed by Laws 1989, ch. 184, § 2.
  840. 26-29-122. Repealed by Laws 1989, ch. 184, § 2.
  841. 26-29-123. Repealed by Laws 1989, ch. 184, § 2.
  842. 26-29-124. Repealed by Laws 1989, ch. 184, § 2.
  843. 26-29-125. Repealed by Laws 1989, ch. 184, § 2.
  844. 26-29-126. Repealed by Laws 1989, ch. 184, § 2.
  845. 26-29-127. Repealed by Laws 1989, ch. 184, § 2.
  846. 26-29-128. Repealed by Laws 1989, ch. 184, § 2.
  847. 26-29-129. Repealed by Laws 1989, ch. 184, § 2.
  848. 26-29-130. Repealed by Laws 1989, ch. 184, § 2.
  849. 26-29-131. Repealed by Laws 1989, ch. 184, § 2.
  850. 26-29-132. Repealed by Laws 1989, ch. 184, § 2.
  851. 26-29-133. Repealed by Laws 1989, ch. 184, § 2.
  852. 26-29-134. Repealed by Laws 1989, ch. 184, § 2.
  853. 26-29-135. Repealed by Laws 1989, ch. 184, § 2.
  854. 26-29-136. Repealed by Laws 1989, ch. 184, § 2.
  855. 26-29-137. Repealed by Laws 1989, ch. 184, § 2.
  856. 26-29-138. Repealed by Laws 1989, ch. 184, § 2.
  857. 26-29-139. Repealed by Laws 1989, ch. 184, § 2.
  858. 26-29-140. Repealed by Laws 1989, ch. 184, § 2.
  859. 26-29-141. Repealed by Laws 1989, ch. 184, § 2.
  860. 26-29-142. Repealed by Laws 1989, ch. 184, § 2.
  861. 26-29-201. Fraternal benefit societies.
  862. 26-29-202. Lodge system.
  863. 26-29-203. Representative form of government.
  864. 26-29-204. Definitions.
  865. 26-29-205. Purposes and powers.
  866. 26-29-206. Qualifications for membership.
  867. 26-29-207. Location of office; meetings; communications to members; grievance procedures.
  868. 26-29-208. No personal liability.
  869. 26-29-209. Waiver.
  870. 26-29-210. Organization.
  871. 26-29-211. Amendments to laws.
  872. 26-29-212. Institutions.
  873. 26-29-213. Reinsurance.
  874. 26-29-214. Consolidations and mergers.
  875. 26-29-215. Conversion of fraternal benefit society into mutual life insurance company.
  876. 26-29-216. Benefits.
  877. 26-29-217. Beneficiaries.
  878. 26-29-218. Benefits not attachable.
  879. 26-29-219. Benefit contract.
  880. 26-29-220. Nonforfeiture benefits; cash surrender values; certificate loans and other options.
  881. 26-29-221. Investments.
  882. 26-29-222. Funds.
  883. 26-29-223. Exemptions.
  884. 26-29-224. Exemption from taxation.
  885. 26-29-225. Valuation.
  886. 26-29-226. Reports.
  887. 26-29-227. Annual license.
  888. 26-29-228. Examination of societies.
  889. 26-29-229. Foreign or alien society; admission.
  890. 26-29-230. Injunction; liquidation; receivership of domestic society.
  891. 26-29-231. Suspension, revocation or refusal of license of society.
  892. 26-29-232. Injunction.
  893. 26-29-233. Licensing of agents.
  894. 26-29-234. Unfair methods of competition; unfair and deceptive acts and practices.
  895. 26-29-235. Service of process.
  896. 26-29-236. Review.
  897. 26-29-237. Penalties.
  898. 26-29-238. Exemption of certain societies.
  899. 26-29-239. Application of Wyoming Insurance Corporate Governance Annual Disclosure Act.
  900. 26-30-101. Repealed by Laws 1993, ch. 213., § 3.
  901. 26-30-102. Repealed by Laws 1993, ch. 213., § 3.
  902. 26-30-103. Repealed by Laws 1993, ch. 213., § 3.
  903. 26-30-104. Repealed by Laws 1993, ch. 213., § 3.
  904. 26-31-101. Short title.
  905. 26-31-102. Applicability.
  906. 26-31-103. Definitions.
  907. 26-31-104. Association created; members; operation and exercise of powers.
  908. 26-31-105. Board of directors.
  909. 26-31-106. Duties and powers of association.
  910. 26-31-107. Member insurer assessments.
  911. 26-31-108. Plan of operation.
  912. 26-31-109. Duties and powers of commissioner; judicial review.
  913. 26-31-110. Insured's rights and liabilities; settlements
  914. 26-31-111. Exhaustion of remedies under policy; claims
  915. 26-31-112. Aids in detection and prevention of insurer insolvencies.
  916. 26-31-113. Examination and regulation of association by commissioner; annual financial report.
  917. 26-31-114. Exemption from payment of fees and taxes.
  918. 26-31-115. Rates and premiums to be sufficient to recoup assessments paid to association.
  919. 26-31-116. No liability for lawful action.
  920. 26-31-117. Stay of proceedings against insolvent insurer; setting aside judgment.
  921. 26-32-101. Supervision and audit of funds; approval of
  922. 26-32-102. Exemption from attachment or garnishment.
  923. 26-32-103. Penalty.
  924. 26-32-201. Life insurers contracts for funeral services; rules.
  925. 26-33-101. Definitions.
  926. 26-33-102. Qualification.
  927. 26-33-103. Insurance coverage.
  928. 26-33-104. Advance payments.
  929. 26-33-105. Medical liability compensation account.
  930. 26-33-106. Board created; membership; removal; terms; duties.
  931. 26-33-107. Settlements.
  932. 26-33-108. Payments from account.
  933. 26-33-109. Contents of policies.
  934. 26-33-110. Failure to pay claims.
  935. 26-33-111. Exemption from Wyoming Insurance Guaranty Association Act.
  936. 26-34-101. Short title.
  937. 26-34-102. Definitions.
  938. 26-34-103. Establishment of health maintenance organizations.
  939. 26-34-104. Issuance of certificate of authority.
  940. 26-34-105. Powers of health maintenance organizations.
  941. 26-34-106. Governing body.
  942. 26-34-107. Fiduciary responsibilities.
  943. 26-34-108. Quality assurance program.
  944. 26-34-109. Requirements for group contract, individual
  945. 26-34-110. Annual report.
  946. 26-34-111. Information to enrollees; claims to be accepted or rejected; attorney's fees.
  947. 26-34-112. Complaint system.
  948. 26-34-113. Investments.
  949. 26-34-114. Protection against insolvency.
  950. 26-34-115. Uncovered expenditures insolvency deposit.
  951. 26-34-116. Enrollment period, replacement coverage in the event of insolvency.
  952. 26-34-117. Prohibited practices.
  953. 26-34-118. Regulation of health maintenance organization producers.
  954. 26-34-119. Powers of insurers and hospital and health service corporations.
  955. 26-34-120. Examination.
  956. 26-34-121. Suspension or revocation of certificate of authority.
  957. 26-34-122. Rehabilitation, liquidation or conservation of a health maintenance organization.
  958. 26-34-123. Summary orders and supervision.
  959. 26-34-124. Regulations.
  960. 26-34-125. Administrative procedures.
  961. 26-34-126. Fees; taxes.
  962. 26-34-127. Penalties and enforcement.
  963. 26-34-128. Statutory construction and relationship to other laws.
  964. 26-34-129. Filings and reports as public documents.
  965. 26-34-130. Confidentiality of medical information.
  966. 26-34-131. Administrator's authority to contract.
  967. 26-34-132. Acquisition of control of or merger of a health maintenance organization.
  968. 26-34-133. Coordination of benefits.
  969. 26-34-134. Written agreement with providers; discrimination prohibited.
  970. 26-34-135. Application of other laws.
  971. 26-35-101. Manner of providing notice.
  972. 26-35-102. Refund of unearned premium upon cancellation.
  973. 26-35-103. Prohibited practices.
  974. 26-35-104. Penalties.
  975. 26-35-105. Issuance or renewal with exclusions.
  976. 26-35-106. Transfers of policies resulting from mergers,
  977. 26-35-201. Scope of article.
  978. 26-35-202. Mid-term cancellation; grounds; notice; exception.
  979. 26-35-203. Nonrenewal; notice.
  980. 26-35-204. Renewal with altered terms; notice.
  981. 26-36-101. Short title.
  982. 26-36-102. Purpose.
  983. 26-36-103. Definitions.
  984. 26-36-104. Risk retention groups chartered in this state.
  985. 26-36-105. Risk retention groups not chartered in this state.
  986. 26-36-106. Compulsory associations.
  987. 26-36-107. Repealed by Laws 2000, Ch. 19, § 2.
  988. 26-36-108. Purchasing groups; exemption from certain laws relating to the group purchase of insurance.
  989. 26-36-109. Notice and registration requirements of purchasing groups.
  990. 26-36-110. Restrictions on insurance purchased by purchasing groups.
  991. 26-36-111. Administrative and procedural authority regarding risk retention groups and purchasing groups.
  992. 26-36-112. Penalties.
  993. 26-36-113. Duty of agents or brokers to obtain license.
  994. 26-36-114. Binding effect of orders issued in United States district court.
  995. 26-36-115. Rules and regulations.
  996. 26-36-116. Registration fee.
  997. 26-37-101. Short title.
  998. 26-37-102. Definitions.
  999. 26-37-103. Authorization required.
  1000. 26-37-104. Mechanical breakdown insurers; authorization
  1001. 26-37-105. Agents of mechanical breakdown insurers.
  1002. 26-37-106. Mechanical breakdown insurance organizations; applications for certificates of authority; fee; issuance.
  1003. 26-37-107. Mechanical breakdown insurance organizations; revocation or suspension of certificate of authority.
  1004. 26-37-108. Mechanical breakdown insurance organizations;
  1005. 26-37-109. Appointment of commissioner as attorney for
  1006. 26-37-110. Examination of mechanical breakdown insurance organizations; audited financial statement.
  1007. 26-37-111. Mechanical breakdown insurance organizations; solicitations to purchase.
  1008. 26-37-112. Mechanical breakdown insurance organizations; misrepresentations as to service contracts.
  1009. 26-37-113. Mechanical breakdown insurance organizations; validity of policy.
  1010. 26-37-114. Mechanical breakdown insurance organizations; required dealer's license.
  1011. 26-37-115. Mechanical breakdown insurance organizations; application for dealer's license.
  1012. 26-37-116. Mechanical breakdown insurance organizations;
  1013. 26-37-117. Mechanical breakdown insurance organizations; qualifications for dealer's license.
  1014. 26-37-118. Mechanical breakdown insurance organizations; form and content of dealer's license.
  1015. 26-37-119. Mechanical breakdown insurance organizations; annual renewal of dealer's license; fee.
  1016. 26-37-120. Mechanical breakdown insurance organizations;
  1017. 26-37-121. Mechanical breakdown insurance organizations;
  1018. 26-37-122. Mechanical breakdown insurance organizations; surrender of revoked or suspended license certificate.
  1019. 26-37-123. Mechanical breakdown insurance organizations; representatives of dealers; registration required.
  1020. 26-37-124. Mechanical breakdown insurance organizations;
  1021. 26-37-125. Types of mechanical breakdown insurance; policy
  1022. 26-37-126. Filing and approval of contracts; annual reports by organizations.
  1023. 26-37-127. Rules and regulations.
  1024. 26-37-128. Penalty for violation.
  1025. 26-38-101. Short title.
  1026. 26-38-102. Applicability.
  1027. 26-38-103. Definitions.
  1028. 26-38-104. Limits of group long-term care insurance.
  1029. 26-38-105. Disclosure and performance standards for long- term care insurance.
  1030. 26-38-106. Rulemaking authority.
  1031. 26-38-107. Incontestability period.
  1032. 26-38-108. Third party notice and reinstatement.
  1033. 26-38-109. Nonforfeiture benefit provisions.
  1034. 26-38-110. Compliance with article required.
  1035. 26-38-111. Penalties.
  1036. 26-38-201. Definitions.
  1037. 26-38-202. Applicability and scope.
  1038. 26-38-203. Standards for policy provisions.
  1039. 26-38-204. Regulations.
  1040. 26-38-205. Loss ratio standards.
  1041. 26-38-206. Disclosure standards.
  1042. 26-38-207. Notice of free examination.
  1043. 26-38-208. Filing requirements for advertising.
  1044. 26-38-209. Penalties.
  1045. 26-39-101. Scope.
  1046. 26-39-102. Definitions.
  1047. 26-39-103. Spreading of risk.
  1048. 26-39-104. Violations.
  1049. 26-40-101. Scope.
  1050. 26-40-102. Definitions.
  1051. 26-40-103. Payment of claims.
  1052. 26-40-104. Prohibitions.
  1053. 26-40-201. Payment of claims under medical necessity standard; review.
  1054. 26-41-101. Approval as a domestic insurer.
  1055. 26-41-102. Conversion to foreign insurer.
  1056. 26-41-103. Effects of redomestication.
  1057. 26-42-101. Short title.
  1058. 26-42-102. Definitions.
  1059. 26-42-103. Coverage and limitations.
  1060. 26-42-104. Creation of the association.
  1061. 26-42-105. Board of directors.
  1062. 26-42-106. Powers and duties of the association.
  1063. 26-42-107. Assessments.
  1064. 26-42-108. Plan of operation.
  1065. 26-42-109. Duties and powers of the commissioner.
  1066. 26-42-110. Prevention of insolvencies.
  1067. 26-42-111. Credits for assessments paid; tax offsets.
  1068. 26-42-112. Assessment liability; records; assets; proceedings against impaired or insolvent insurer.
  1069. 26-42-113. Examination of the association; annual report.
  1070. 26-42-114. Tax exemptions.
  1071. 26-42-115. Stay of proceedings; reopening default judgments.
  1072. 26-42-116. Prohibited advertisement of association chapter in insurance sales; notice.
  1073. 26-42-117. Immunity.
  1074. 26-42-118. Prospective application.
  1075. 26-43-101. Definitions.
  1076. 26-43-102. Operation of the pool; board membership; board powers and duties.
  1077. 26-43-103. Eligibility.
  1078. 26-43-104. Administrator.
  1079. 26-43-105. Assessments; premium tax credit.
  1080. 26-43-106. Minimum benefits; limitations.
  1081. 26-43-107. Premiums; standard risk rate.
  1082. 26-43-108. Preexisting conditions.
  1083. 26-43-109. Benefit payments reduction.
  1084. 26-43-110. Immunity.
  1085. 26-43-111. Tax exemption.
  1086. 26-43-112. Account created; payments; investment.
  1087. 26-43-113. Termination of provisions.
  1088. 26-43-114. Enrollment capacity planning.
  1089. 26-43-201. Repealed by Laws 2010, ch. 96, § 1.
  1090. 26-43-202. Repealed by Laws 2010, ch. 96, § 1.
  1091. 26-43-203. Repealed by Laws 2010, ch. 96, § 1.
  1092. 26-43-204. Repealed by Laws 2010, ch. 96, § 1.
  1093. 26-43-205. Repealed by Laws 2010, ch. 96, § 1.
  1094. 26-43-206. Repealed by Laws 2010, ch. 96, § 1.
  1095. 26-43-207. Repealed by Laws 2021, ch. 149, § 3.
  1096. 26-43-301. Definitions; applicability.
  1097. 26-43-302. Air ambulance membership organizations; certificate of registration; application.
  1098. 26-43-303. Certificate of registration; renewal; suspension; revocation.
  1099. 26-43-304. Air ambulance membership organizations; powers and duties of the commissioner; rulemaking; costs.
  1100. 26-43-305. Charges authorized; written agreements required; cancellation of memberships; duties.
  1101. 26-43-306. Violations; unfair trade practices; penalties.
  1102. 26-43-307. Reporting requirements; notice to commissioner; penalties.
  1103. 26-43-308. Advertisements; marketing; required disclosures.
  1104. 26-44-101. Definitions.
  1105. 26-44-102. Subsidiaries of insurers.
  1106. 26-44-103. Acquisition of control of or merger with domestic insurer.
  1107. 26-44-104. Registration of insurers; group capital calculations; liquidity stress test results.
  1108. 26-44-105. Transactions within a holding company system.
  1109. 26-44-106. Dividends and other distributions.
  1110. 26-44-107. Management of domestic insurers subject to registration.
  1111. 26-44-108. Adequacy of surplus.
  1112. 26-44-109. Examination.
  1113. 26-44-110. Confidential treatment.
  1114. 26-44-111. Rules and regulations.
  1115. 26-44-112. Injunctions; prohibitions against voting securities; sequestration of voting securities.
  1116. 26-44-113. Sanctions.
  1117. 26-44-114. Receivership.
  1118. 26-44-115. Recovery.
  1119. 26-44-116. Revocation, suspension or nonrenewal of insurer's license.
  1120. 26-44-117. Judicial review.
  1121. 26-44-118. Supervisory colleges.
  1122. 26-44-119. Group wide supervision of internationally active insurance groups.
  1123. 26-44-120. Authorized use of and prohibited statements
  1124. 26-45-101. Short title.
  1125. 26-45-102. Definitions.
  1126. 26-45-103. Applicability.
  1127. 26-45-104. Minimum standards.
  1128. 26-45-105. Disclosure.
  1129. 26-45-106. Penalties and liabilities.
  1130. 26-45-107. Rules and regulations.
  1131. 26-45-108. Compliance with this article.
  1132. 26-46-101. Definitions.
  1133. 26-46-102. License required.
  1134. 26-46-103. Required contract provisions.
  1135. 26-46-104. Duties of insurer.
  1136. 26-46-105. Examination authority.
  1137. 26-46-106. Penalties and liabilities.
  1138. 26-46-107. Rules and regulations.
  1139. 26-47-101. Short title.
  1140. 26-47-102. Definitions.
  1141. 26-47-103. License required.
  1142. 26-47-104. Required contract provisions for reinsurance intermediary brokers.
  1143. 26-47-105. Books and records; reinsurance intermediary brokers.
  1144. 26-47-106. Duties of insurers utilizing the services of a reinsurance intermediary broker.
  1145. 26-47-107. Required contract provisions; reinsurance intermediary managers.
  1146. 26-47-108. Books and records; reinsurance intermediary managers.
  1147. 26-47-109. Prohibited acts.
  1148. 26-47-110. Duties of reinsurers utilizing the services of a reinsurance intermediary manager.
  1149. 26-47-111. Examination authority.
  1150. 26-47-112. Penalties and liabilities.
  1151. 26-47-113. Fees; rules and regulations.
  1152. 26-48-101. Definitions.
  1153. 26-48-102. Risk-based capital reports.
  1154. 26-48-103. Company action level event.
  1155. 26-48-104. Regulatory action level event.
  1156. 26-48-105. Authorized control level event.
  1157. 26-48-106. Mandatory control level event.
  1158. 26-48-107. Hearings.
  1159. 26-48-108. Confidentiality and prohibition on announcements.
  1160. 26-48-109. Supplemental provisions; rulemaking authority; exceptions; limitations.
  1161. 26-48-110. Foreign Insurers.
  1162. 26-48-111. Notices.
  1163. 26-48-112. Phase-in provision.
  1164. 26-48-201. Definitions.
  1165. 26-48-202. Risk-based capital reports.
  1166. 26-48-203. Company action level event.
  1167. 26-48-204. Regulatory action level event.
  1168. 26-48-205. Authorized control level event.
  1169. 26-48-206. Mandatory control level event.
  1170. 26-48-207. Hearings.
  1171. 26-48-208. Confidentiality; prohibition on announcements; prohibition on use in ratemaking.
  1172. 26-48-209. Supplemental provisions; rules; exemptions.
  1173. 26-48-210. Foreign health organizations.
  1174. 26-48-211. Immunity.
  1175. 26-48-212. Notices.
  1176. 26-49-101. Scope and purposes.
  1177. 26-49-102. Definitions.
  1178. 26-49-103. Requirements for doing business.
  1179. 26-49-104. Required provisions; reimbursement insurance policy.
  1180. 26-49-105. Required disclosures; service contracts.
  1181. 26-49-106. Prohibited acts.
  1182. 26-49-107. Record keeping requirements.
  1183. 26-49-108. Cancellation of reimbursement insurance policy.
  1184. 26-49-109. Obligations of reimbursement insurance policy insurers.
  1185. 26-49-110. Enforcement provisions.
  1186. 26-49-111. Authority to develop regulations.
  1187. 26-50-101. Repealed By Laws 2013, Ch. 123, § 3.
  1188. 26-50-102. Repealed By Laws 2013, Ch. 123, § 3.
  1189. 26-50-103. Repealed By Laws 2013, Ch. 123, § 3.
  1190. 26-50-104. Repealed By Laws 2013, Ch. 123, § 3.
  1191. 26-50-105. Repealed By Laws 2013, Ch. 123, § 3.
  1192. 26-50-106. Repealed By Laws 2013, Ch. 123, § 3.
  1193. 26-50-107. Repealed By Laws 2013, Ch. 123, § 3.
  1194. 26-50-108. Repealed By Laws 2013, Ch. 123, § 3.
  1195. 26-50-109. Repealed By Laws 2013, Ch. 123, § 3.
  1196. 26-51-101. Purpose and scope.
  1197. 26-51-102. Definitions.
  1198. 26-51-103. Risk management framework.
  1199. 26-51-104. ORSA requirement.
  1200. 26-51-105. ORSA summary report.
  1201. 26-51-106. Exemption.
  1202. 26-51-107. Contents of ORSA summary report.
  1203. 26-51-108. Confidentiality.
  1204. 26-51-109. Sanctions.
  1205. 26-51-110. Applicability.
  1206. 26-52-101. Licensure of pharmacy benefit managers.
  1207. 26-52-102. Definitions.
  1208. 26-52-103. Pharmacy benefit manager audits.
  1209. 26-52-104. Maximum allowable cost; offering information and alternatives.
  1210. 26-52-105. Transparency; prohibitions.
  1211. 26-52-106. Alternate reimbursement methodologies.
  1212. 26-52-107. Certain claims excluded.
  1213. 26-52-201. Scope and applicability of chapter.
  1214. 26-52-202. Definitions.
  1215. 26-52-203. Payment of claims to pharmacy providers.
  1216. 26-53-101. Definitions.
  1217. 26-53-102. Registration of third party administrators; rulemaking authority.
  1218. 26-53-103. Third party administrator fee.
  1219. 26-54-101. Short title; applicability.
  1220. 26-54-102. Definitions.
  1221. 26-54-103. Disclosure requirement.
  1222. 26-54-104. Rules and regulations.
  1223. 26-54-105. Contents of corporate governance annual disclosure.
  1224. 26-54-106. Confidentiality.
  1225. 26-54-107. NAIC and third party consultants.
  1226. 26-54-108. Sanctions.
  1227. 26-55-101. Short title.
  1228. 26-55-102. Definitions.
  1229. 26-55-103. Disclosure and review of prior authorization requirements.
  1230. 26-55-104. Persons qualified to make adverse determinations.
  1231. 26-55-105. Consultation after issuing an adverse determination.
  1232. 26-55-106. Requirements applicable to persons reviewing appeals.
  1233. 26-55-107. Health insurer or contracted utilization review
  1234. 26-55-108. Health insurer or contracted utilization review
  1235. 26-55-109. No prior authorization for medications for opioid use disorder.
  1236. 26-55-110. Length of authorization generally; revocation
  1237. 26-55-111. Continuity of care for enrollees.
  1238. 26-55-112. Provider exemptions from prior authorization requirements.
  1239. 26-55-113. Prior authorization for rehabilitative or habilitative services.
  1240. 26-56-101. Definitions.
  1241. 26-56-102. Health care provider credentialing; requirements.

Proposed changes to this act

No one has proposed a change to this act yet.

1,241 provisions

26-51-106. Exemption.

(a) An insurer shall be exempt from the requirements of this chapter, if: (i) The insurer has annual direct written and unaffiliated assumed premium, including international direct and assumed premium but excluding premiums reinsured with the federal crop insurance corporation and federal flood program, of less than five hundred million dollars ($500,000,000.00); and (ii) The insurance group of which the insurer is a member has annual direct written and unaffiliated assumed premium including international direct and assumed premium, but excluding premiums reinsured with the federal crop insurance corporation and federal flood program, of less than one billion dollars ($1,000,000,000.00). (b) If an insurer qualifies for exemption pursuant to paragraph (a)(i) of this section, but the insurance group of which the insurer is a member does not qualify for exemption pursuant to paragraph (a)(ii) of this section, then the ORSA summary report that may be required pursuant to W.S. 26-51-105 shall include every insurer within the insurance group. This requirement may be satisfied by the submission of more than one (1) ORSA summary report for any combination of insurers provided any combination of reports includes every insurer within the insurance group. (c) If an insurer does not qualify for exemption pursuant to paragraph (a)(i) of this section, but the insurance group of which it is a member qualifies for exemption pursuant to paragraph (a)(ii) of this section, then the only ORSA summary report that may be required pursuant to W.S. 26-51-105 shall be the report applicable to that insurer. (d) An insurer that does not qualify for exemption pursuant to subsection (a) of this section may apply to the commissioner for a waiver from the requirements of this chapter based upon unique circumstances. In deciding whether to grant the insurer's request for waiver, the commissioner may consider the type and volume of business written, ownership and organizational structure and any other factor the commissioner considers relevant to the insurer or insurance group of which the insurer is a member. If the insurer is part of an insurance group with insurers domiciled in more than one (1) state, the commissioner shall coordinate with the lead state commissioner and with the other domiciliary commissioners in considering whether to grant the insurer's request for a waiver. (e) Notwithstanding the exemptions stated in this section: (i) The commissioner may require that an insurer maintain a risk management framework, conduct an ORSA and file an ORSA summary report based on unique circumstances including, but not limited to, the type and volume of business written, ownership and organizational structure, federal agency requests and international supervisor requests; (ii) The commissioner may require that an insurer maintain a risk management framework, conduct an ORSA and file an ORSA summary report if the insurer has risk-based capital for company action level event as set forth in W.S. 26-48-103 and 26-48-203, meets one (1) or more of the standards of an insurer deemed to be in hazardous financial condition as defined in W.S. 26-3-116, or otherwise exhibits qualities of a troubled insurer as determined by the commissioner. (f) If an insurer that qualifies for an exemption pursuant to subsection (a) of this section subsequently no longer qualifies for that exemption due to changes in premium as reflected in the insurer's most recent annual statement or in the most recent annual statements of the insurers within the insurance group of which the insurer is a member, the insurer shall have one (1) year following the year the threshold is exceeded to comply with the requirements of this chapter.

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26-51-107. Contents of ORSA summary report.

(a) The ORSA summary report shall be prepared consistent with the ORSA guidance manual, subject to the requirements of subsection (b) of this section. Documentation and supporting information shall be maintained and made available upon examination or upon request of the commissioner. (b) The review of the ORSA summary report, and any additional requests for information, shall be made using similar procedures currently used in the analysis and examination of multi-state or global insurers and insurance groups.

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26-51-108. Confidentiality.

(a) Documents, materials or other information, including the ORSA summary report, in the possession of or control of the department that are obtained by, created by or disclosed to the commissioner or any other person under this chapter, is recognized by this state as being proprietary and to contain trade secrets. All such documents, materials or other information shall be confidential by law and privileged, shall not be subject to the Wyoming Public Records Act, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. However, the commissioner is authorized to use the documents, materials or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner's official duties. The commissioner shall not otherwise make the documents, materials or other information public without the prior written consent of the insurer. (b) Neither the commissioner nor any person who received documents, materials or other ORSA-related information, through examination or otherwise, while acting under the authority of the commissioner or with whom those documents, materials or other information are shared pursuant to this chapter shall be permitted or required to testify in any private civil action concerning any confidential documents, materials or information subject to subsection (a) of this section. (c) In order to assist in the performance of the commissioner's regulatory duties, the commissioner: (i) May, upon request, share documents, materials or other ORSA-related information, including the confidential and privileged documents, materials or information subject to subsection (a) of this section, including proprietary and trade secret documents and materials with other state, federal and international financial regulatory agencies, including members of any supervisory college as defined in W.S. 26-44-118, with the NAIC and with any third-party consultants designated by the commissioner, provided that the recipient agrees in writing to maintain the confidentiality and privileged status of the ORSA-related documents, materials or other information and has verified in writing the legal authority to maintain confidentiality; and (ii) May receive documents, materials or other ORSA-related information, including otherwise confidential and privileged documents, materials or information, including proprietary and trade-secret information or documents, from regulatory officials of other foreign or domestic jurisdictions, including members of any supervisory college as defined in W.S. 26-44-118, and from the NAIC, and shall maintain as confidential or privileged any documents, materials or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or information; (iii) Shall enter into a written agreement with the NAIC or a third-party consultant governing sharing and use of information provided pursuant to this chapter, consistent with this subsection that shall: (A) Specify procedures and protocols regarding the confidentiality and security of information shared with the NAIC or a third-party consultant pursuant to this chapter, including procedures and protocols for sharing by the NAIC with other state regulators from states in which the insurance group has domiciled insurers. The agreement shall provide that the recipient agrees in writing to maintain the confidentiality and privileged status of the ORSA-related documents, materials or other information and has verified in writing the legal authority to maintain confidentiality; (B) Specify that ownership of information shared with the NAIC or a third-party consultant pursuant to this chapter remains with the commissioner and the NAIC's or a third-party consultant's use of the information is subject to the direction of the commissioner; (C) Prohibit the NAIC or third-party consultant from storing the information shared pursuant to this chapter in a permanent database after the underlying analysis is completed; (D) Require prompt notice to be given to an insurer whose confidential information in the possession of the NAIC or a third-party consultant pursuant to this chapter is subject to a request or subpoena to the NAIC or a third-party consultant for disclosure or production; (E) Require the NAIC or a third-party consultant to consent to intervention by an insurer in any judicial or administrative action in which the NAIC or a third-party consultant may be required to disclose confidential information about the insurer shared with the NAIC or a third-party consultant pursuant to this chapter; and (F) In the case of an agreement involving a third-party consultant, provide for the insurer's written consent. (d) The sharing of information and documents by the commissioner pursuant to this chapter shall not constitute a delegation of regulatory authority or rulemaking, and the commissioner is solely responsible for the administration, execution and enforcement of the provisions of this chapter. (e) No waiver of any applicable privilege or claim of confidentiality in the documents, proprietary and trade-secret materials or other ORSA-related information shall occur as a result of disclosure of such ORSA-related information or documents to the commissioner under this section or as a result of sharing as authorized in this chapter. (f) Documents, materials or other information in the possession or control of the NAIC or a third-party consultant pursuant to this chapter shall be confidential by law and privileged, shall not be subject to the Wyoming Public Records Act, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action.

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26-51-109. Sanctions.

Any insurer failing, without just cause, to timely file the ORSA summary report as required in this chapter shall be required, after notice and hearing, to pay a penalty of two thousand five hundred dollars ($2,500.00) for each day's delay, to be recovered by the commissioner. The maximum penalty under this section is seventy-five thousand dollars ($75,000.00). The commissioner may reduce the penalty if the insurer demonstrates to the commissioner that the imposition of the penalty would constitute a financial hardship to the insurer.

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26-51-110. Applicability.

The requirements of this chapter shall become effective on January 1, 2015. The first filing of the ORSA summary report shall be in 2015 pursuant to W.S. 26-51-105.

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26-52-101. Licensure of pharmacy benefit managers.

No person shall act or hold himself out as a pharmacy benefit manager in this state unless he obtains a license from the department. The department shall through rules establish license requirements and procedures for the licensing of pharmacy benefit managers consistent with this article. The requirements shall only provide for the adequate identification of licensees and the payment of the required licensing fee.

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26-52-102. Definitions.

(a) As used in this article: (i) "Claim" means a request from a pharmacy or pharmacist to be reimbursed for the cost of filling or refilling a prescription for a drug or for providing a medical supply or device; (ii) "Insurer" means the entity defined in W.S. 26-1-102(a)(xvi) and who provides health insurance coverage in this state; (iii) "List" means the list of drugs for which a pharmacy benefit manager has established a maximum allowable cost; (iv) "Maximum allowable cost" means the maximum amount that a pharmacy benefit manager will reimburse a pharmacist or pharmacy for the cost of a generic drug; (v) "Network providers" means those pharmacies that provide covered health care services or supplies to an insured or a member pursuant to a contract with a network plan to act as a participating provider; (vi) "Pharmacy" means an entity through which pharmacists or other persons practice pharmacy as specified in W.S. 33-24-124; (vii) "Pharmacy benefit manager" means an entity that contracts with a pharmacy or the pharmacy's designee who holds a contract with the pharmacy benefit manager on behalf of an insurer or third party administrator to administer or manage prescription drug benefits; (ix) "Pharmacy services" means any product, good or service, or any combination of products, goods or services, provided as part of the practice of pharmacy; (x) "Pharmacy services administrative organization" means an organization that evaluates and executes pharmacy benefit manager contracts on behalf of pharmacies and provides administrative, clerical, audit and data analytics support services.

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26-52-103. Pharmacy benefit manager audits.

(a) Any pharmacy benefit manager or person acting on behalf of a pharmacy benefit manager who conducts an audit of a pharmacy shall follow the following procedures: (i) Provide written notice to the pharmacy not less than ten (10) business days before conducting any on-site, initial audit; (ii) Conduct any audit requiring clinical or professional judgment through or in consultation with a licensed pharmacist; (iii) Limit the period covered by the audit to not more than two (2) years from the date that an audited claim was adjudicated; (iv) Allow verifiable statements or records, including medication administration records of a nursing home, assisted living facility, hospital, physician or other authorized practitioner, to validate the pharmacy record; (v) Allow legal prescriptions, including medication administration records, faxes, electronic prescriptions or documented telephone calls from the prescriber or the prescriber's agent, to validate claims in connection with prescriptions, refills or changes in prescriptions; (vi) Apply the same standards and parameters to each audited pharmacy as are applied to other similarly situated pharmacies in a pharmacy network contract in this state; (vii) Not conduct any audit provided for in this section during the first seven (7) calendar days of any month without the consent of the audited pharmacy; and (viii) Establish a written appeals process and provide a copy to every audited pharmacy. (b) A pharmacy benefit manager or person acting on behalf of a pharmacy benefit manager who conducts an audit of a pharmacy also shall comply with the following requirements: (i) Any finding of overpayment or underpayment shall be based on the actual overpayment or underpayment and not on a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs; (ii) Any finding of an overpayment shall not include the dispensing fee amount unless: (A) A prescription was not received by the patient or the patient's designee; (B) The prescriber denied authorization; (C) The prescription dispensed was a medication error by the pharmacy; or (D) The identified overpayment is based solely on an extra dispensing fee. (iii) No audit shall use extrapolation in calculating the recoupments or penalties for audits, unless required by state or federal contracts; (iv) No payment for the performance of an audit shall be based on a percentage of the amount recovered; (v) Interest shall not accrue during the audit period; (vi) No audit shall consider any clerical or recordkeeping error, such as a typographical error, scrivener's error or computer error regarding a required document or record, as fraud. These errors may be subject to recoupment. No recovery shall be assessed for errors causing no financial harm to the patient or plan. Errors that are the result of a pharmacy failing to comply with a formal corrective action plan may be subject to recovery. Any recoupment shall be based on the actual overpayment of a claim; (vii) A preliminary audit report shall be delivered to the audited pharmacy within one hundred twenty (120) days after the conclusion of the audit; (viii) A pharmacy shall be allowed at least thirty (30) days following receipt of the preliminary audit report to provide documentation addressing any audit finding, and a reasonable extension of time shall be granted upon request; (ix) A final audit report shall be delivered to the pharmacy not more than one hundred twenty (120) days after the preliminary audit report is received by the pharmacy or submission of final internal appeal, whichever is later; (x) Recoupment of any disputed funds or repayment of funds to the pharmacy benefit manager or insurer by the pharmacy, if permitted pursuant to contracts, shall occur, to the extent demonstrated or documented in the pharmacy audit findings, after final internal disposition of the audit including the appeals process. If the identified discrepancy for an individual audit exceeds fifteen thousand dollars ($15,000.00), any future payments to the pharmacy may be withheld pending finalization of the audit; (xi) No chargebacks, recoupment or other penalties may be assessed until the appeal process has been exhausted and the final report issued. (c) Subsections (a) and (b) of this section shall not apply to: (i) Audits in which suspected fraudulent activity or other intentional or willful misrepresentation is evidenced by a physical review, review of claims data, statements or other investigative methods; or (ii) Audits of claims paid for by federally funded programs. (d) This section shall apply to a contracted pharmacy, or the pharmacy's designee who holds a contract with a pharmacy benefit manager, entered into, renewed or extended on or after July 1, 2016, and to all audits of pharmacies on and after July 1, 2017.

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26-52-104. Maximum allowable cost; offering information and alternatives.

(a) To place a drug on a maximum allowable cost list, a pharmacy benefit manager shall ensure that the drug is: (i) If the drug is a generically equivalent drug, rated "A" or "B" in the most recent version of the United States Food and Drug Administration's Approved Drug Products with Therapeutic Equivalence Evaluations (Orange Book), or rated "NR" or "NA," or has a similar rating, by a nationally recognized reference; (ii) Generally available for purchase by retail pharmacies in the state from national or regional wholesalers; (iii) Not obsolete or temporarily unavailable. (b) In formulating the maximum allowable cost price for a drug, an insurer or pharmacy benefit manager shall consider only the price of that drug and any drug listed as therapeutically equivalent to that drug in the most recent version of the United States Food and Drug Administration's Approved Drug Products with Therapeutic Equivalence Evaluations (Orange Book). (c) Notwithstanding subsection (b) of this section, if a therapeutically equivalent generic drug is unavailable or has limited market presence, an insurer or pharmacy benefit manager may place on a maximum allowable cost list a drug that has: (i) A "B" rating in the most recent version of the United States Food and Drug Administration's Approved Drug Products with Therapeutic Equivalence Evaluations (Orange Book); or (ii) An "NR" or "NA" rating, or a similar rating, by a nationally recognized reference. (d) A pharmacy benefit manager shall: (i) Make available to each network provider at the beginning of the term of the network provider's contract, and upon renewal of the contract, the sources utilized to determine the maximum allowable cost pricing; (ii) Provide a telephone number, email address and website at which a network pharmacy or the pharmacy's designee who holds a contract with the pharmacy benefit manager may contact an employee of a pharmacy benefit manager to discuss the pharmacy's appeal; (iii) Provide a process for network providers to readily access the maximum allowable cost applicable to that provider; (iv) Review and update applicable maximum allowable cost price information at least once every seven (7) business days to reflect any modification of maximum allowable cost pricing; and (v) Ensure that dispensing fees are not included in the calculation of maximum allowable cost. (e) A pharmacy benefit manager shall establish a process by which a contracted pharmacy, or the pharmacy's designee who holds a contract with the pharmacy benefit manager, can appeal the provider's reimbursement for a drug subject to maximum allowable cost pricing. A contracted pharmacy, or the pharmacy's designee who holds a contract with the pharmacy benefit manager, shall have up to ten (10) business days after dispensing a drug subject to a maximum allowable cost in which to appeal the amount of the maximum allowable cost. A pharmacy benefit manager shall respond to the appeal within ten (10) business days after the contracted pharmacy or the pharmacy's designee who holds a contract with the pharmacy benefit manager makes the appeal. (f) If a maximum allowable cost appeal is denied, the pharmacy benefit manager shall provide to the appealing pharmacy, or the pharmacy's designee who holds a contract with the pharmacy benefit manager, the reason for the denial and the national drug code number for the drug that is available for purchase by similarly situated pharmacies in the state and the names of national or regional wholesalers that have the product available for purchase at a price that is at or below the maximum allowable cost. (g) If an appeal is upheld, the pharmacy benefit manager shall make an adjustment to the applicable maximum allowable cost no later than one (1) day after the date of the determination and make the adjustment applicable to all similarly situated network pharmacy providers, as determined by the insurer or pharmacy benefit manager. The pharmacy benefit manager shall allow the appealing pharmacy to reverse and rebill the claim which was the subject of the appeal. (h) This section shall apply to a contracted pharmacy, or the pharmacy's designee who holds a contract with a pharmacy benefit manager, entered into, renewed or extended on or after July 1, 2016, and to contracts on and after July 1, 2017. (j) A pharmacy benefit manager may not, by contract or otherwise, prohibit or penalize a pharmacy or pharmacist for: (i) Disclosing information to a covered individual regarding any cost differential that the covered individual must pay for a particular prescription under the individual's prescription drug benefit or outside of the individual's prescription drug benefit; (ii) Offering to a covered individual a more affordable alternative if one is available. (k) A pharmacy benefit manager shall not prevent a network pharmacy or the pharmacy's designee who holds a contract with the pharmacy benefit manager from filing appeals in an electronic batch format. The pharmacy benefit manager shall respond in an electronic format to valid reimbursement appeals filed in an electronic batch format. A batch appeal shall not be considered a valid appeal unless all required information for each claim in the batch is submitted electronically with the correct, contractually required information and in the required format. An appeal shall not be considered valid for purposes of the ten (10) day response timeframe until all information is received. (m) A pharmacy or pharmacist may decline to provide pharmacy services to a patient or pharmacy benefit manager if the pharmacy or pharmacist is to be paid less than the pharmacy acquisition cost for the pharmacy providing pharmacy services.

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26-52-105. Transparency; prohibitions.

(a) A pharmacy benefit manager or an agent of a pharmacy benefit manager shall not: (i) Cause or knowingly permit the use of an advertisement, promotion, solicitation, representation, proposal or offer that is untrue, deceptive or misleading; (ii) Charge a pharmacist or pharmacy provider a fee for any of the following: (A) The submission of a claim; (B) Enrollment or participation in a retail pharmacy network; (C) The development or management of claims processing services or claims payment services related to participation in a retail pharmacy network; (D) An application to apply for network access with the pharmacy benefit manager; (E) Credentialing or re-credentialing. (iii) Retroactively deny or reduce reimbursement for a covered pharmacy service or claim after adjudication of the claim, unless: (A) The original claim was fraudulent; or (B) The denial or reduction is necessary to correct errors found in an audit, provided that the audit was conducted in compliance with W.S. 26-52-103. (vii) Prohibit a pharmacy, pharmacy services administrative organization, contracting agent or agent of a pharmacy from sharing, upon request, copies of pharmacy benefit manager contracts with the department of insurance; (viii) Prohibit, restrict or limit disclosure of information to the insurance commissioner, law enforcement or other state or federal government officials who are investigating or examining a complaint or conducting a review of the pharmacy benefit manager's compliance with the requirements of this chapter. (c) Insurers, pharmacies and pharmacy benefit managers shall adhere to all state laws and rules when mailing or shipping prescription drugs into the state.

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26-52-106. Alternate reimbursement methodologies.

All contracts between a pharmacy benefits manager and a pharmacy services administrative organization, or its contracted pharmacies, and all contracts directly between a pharmacy benefits manager and a pharmacy shall include a process to investigate and resolve disputes.

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26-52-107. Certain claims excluded.

W.S. 26-52-104 through 26-52-106 shall apply to all health benefit plan issuers and pharmacy benefit managers except those claims associated with the Wyoming Medicaid fee-for-service program, the Wyoming workers compensation division or those claims otherwise prohibited by federal law.

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26-52-201. Scope and applicability of chapter.

The following provisions apply to situations where there is a contract between an insurer or the insurer's intermediary and a pharmacy regarding the payment of insurance claims for pharmacy services pursuant to W.S. 26-52-102(a)(ix) submitted to an insurer or the insurer's intermediary.

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26-52-202. Definitions.

(a) As used in this chapter: (i) "Applicable number of calendar days" means: (A) For claims submitted electronically, twenty-one (21) days; (B) For claims submitted in a manner other than electronically, thirty (30) days. (ii) "Clean claim" means a claim that has no defect, including any lack of required substantiating documentation or particular circumstance requiring special treatment that prevents timely payment from being made on the claim under this chapter; (iii) "Insurer" means as defined by W.S. 26-1-102(a)(xvi).

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26-52-203. Payment of claims to pharmacy providers.

(a) A contract between an insurer or the insurer's intermediary and a pharmacy for prescription drug coverage offered by the insurer or the insurer's intermediary shall require the insurer or the insurer's intermediary to make payment to the pharmacy for all clean claims submitted by a pharmacy within the applicable number of calendar days after the date that the clean claim is received. For purposes of this section, a claim is considered to have been received: (i) For claims submitted electronically, on the date that the claim is submitted; or (ii) For claims submitted in any manner other than electronically, on the fifth day after the postmark date of the claim or the date specified on the time stamp of the transmission of the claim. (b) For purposes of this section, a contract between an insurer or the insurer's intermediary and a pharmacy regarding prescription drug coverage offered by an insurer or the insurer's intermediary shall include any contract regarding prescription drug coverage offered by the insurer or the insurer's intermediary under which a pharmacy is legally obligated, either directly or through an intermediary such as a pharmacy benefit manager. (c) If the insurer or the insurer's intermediary does not make payment within the applicable number of calendar days after a clean claim is received, or resubmitted under subsections (e) and (f) of this section, the insurer or the insurer's intermediary shall pay interest to the pharmacy at the rate of eighteen percent (18%) per annum, billed weekly. (d) A claim shall be considered a clean claim if the insurer or the insurer's intermediary does not provide notice to the pharmacy of any deficiency in the claim within ten (10) days after an electronically submitted claim is received or within fifteen (15) days after a claim that is submitted in any other manner is received. (e) If an insurer or the insurer's intermediary determines that a claim submitted is not a clean claim, the insurer or the insurer's intermediary shall notify the pharmacy of the determination within ten (10) days of receiving an electronically submitted claim or within fifteen (15) days of receiving a claim that is submitted in any other manner. The notice shall specify all defects in the claim and list all information or documents necessary for the proper processing and payment of the claim. (f) A claim resubmitted to an insurer or the insurer's intermediary with additional information pursuant to subsection (e) of this section shall be considered to be a clean claim if the insurer or the insurer's intermediary fails to provide notice to the pharmacy of any defect in the claim within ten (10) days of the date that additional information is received if the claim is resubmitted electronically or within fifteen (15) days of the date that additional information is received if the claim is resubmitted in any other manner. A resubmitted claim that is considered to be a clean claim under this subsection shall be paid within the applicable number of calendar days after the date that the resubmitted claim is received and, if payment is not timely made, interest shall accrue as provided by subsection (c) of this section. (g) Payment of a clean claim under this section shall be considered to have been made on the date that the payment is transferred to the pharmacy provider account, or to the central pay account of the pharmacy services administrative organization that is directly contracted by the pharmacy, with respect to claims paid electronically and on the date that the payment is submitted to the postal service or common carrier for delivery with respect to claims paid in any other manner. (h) No insurer shall directly or indirectly charge a pharmacy or hold the pharmacy responsible for fees associated with claims payment.

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26-53-101. Definitions.

(a) As used in this chapter: (i) "Third party administrator" means a person who directly or indirectly underwrites, collects charges, collateral or premiums from, or adjusts or settles claims on residents of this state, in connection with life, annuity, health, or stop-loss coverage offered or provided by an insurer, but does not include any of the following: (A) An employer on behalf of its employees or the employees of one (1) or more subsidiary or affiliated corporations of such employer; (B) A union on behalf of its members; (C) A fully self-funded insurance plan meeting the definition of employee benefit plan as set forth in the Employee Retirement Income Security Act of 1974; (D) An insurance company licensed in this state; (E) A prepaid hospital or medical care plan; (F) An insurance agent or broker licensed in this state when acting as an insurance agent or broker; (G) A creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors; (H) A bank, credit union or other financial institution which is subject to supervision or examination by federal or state banking authorities when acting as a bank, credit union or other financial institution and not as an administrator; (J) A credit card company which advances for and collects premiums or charges from its credit card holders who have authorized it to do so, provided such company does not adjust or settle claims; (K) A person who adjusts or settles claims in the normal course of the person's practice or employment as an attorney at law or an adjuster licensed in this state and who does not collect charges or premiums in connection with insurance coverage or annuities.

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26-53-102. Registration of third party administrators; rulemaking authority.

No person shall act as a third party administrator in this state without a certificate of registration issued by the commissioner. The commissioner in compliance with the Wyoming Administrative Procedure Act shall promulgate reasonable rules and regulations necessary to implement this chapter.

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26-53-103. Third party administrator fee.

Every third party administrator registered with the department shall pay the fee provided for in W.S. 26-4-101(a)(xix).

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26-54-101. Short title; applicability.

(a) This chapter is known and may be cited as the Wyoming Insurance Corporate Governance Annual Disclosure Act. (b) The requirements of this act shall apply to all insurers and insurance groups domiciled in this state. (c) Nothing in this act shall be construed to prescribe or impose corporate governance standards and internal procedures beyond that which is required under the corporate law of this state. (d) Nothing in this act shall be construed to limit the commissioner's authority, or the rights or obligations of third parties, pursuant to the Wyoming Insurance Code. (e) No insurer or insurance group shall be required to file the disclosure required by this act until 2020.

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26-54-102. Definitions.

(a) As used in this act: (i) "Corporate governance" means the system of rules, practices and procedures by which a corporation is managed by its directors and officers; (ii) "Corporate governance annual disclosure" or "CGAD" means a confidential report filed by an insurer or insurance group in accordance with the requirements of this act; (iii) "Insurance group" means those insurers and affiliates included within an insurance holding company system as defined under W.S. 26-44-101(a)(iv); (iv) "Insurer" shall have the same meaning as set forth under W.S. 26-1-102(a)(xvi) and include domestic fraternal benefit societies and health maintenance organizations. This term shall not include agencies, authorities or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state.

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26-54-103. Disclosure requirement.

(a) An insurer, or the insurance group of which the insurer is a member, shall, no later than June 1 of each calendar year, submit to the commissioner a corporate governance annual disclosure that contains the information described in W.S. 26-54-105. Notwithstanding any request from the commissioner made pursuant to subsection (c) of this section, if the insurer is a member of an insurance group, the insurer shall submit the report required by this section to the commissioner of insurance of the lead state for the insurance group, in accordance with the laws of the lead state and under the guidance of the procedures outlined in the most recent financial analysis handbook adopted by the National Association of Insurance Commissioners. (b) The CGAD shall include a signature of the insurer's or insurance group's chief executive officer or corporate secretary attesting to the best of that individual's belief and knowledge that the insurer has implemented the corporate governance practices disclosed pursuant to subsection (a) of this section and that a copy of the disclosure has been provided to the insurer's board of directors or the appropriate committee thereof. (c) An insurer not required to submit a CGAD under this section shall do so upon the commissioner's request. (d) For purposes of completing the CGAD, the insurer or insurance group may provide information regarding corporate governance at the ultimate controlling parent level, an intermediate holding company level or the individual legal entity level, depending upon how the insurer or insurance group has structured its system of corporate governance. The insurer or insurance group is encouraged to make the CGAD disclosures at the level at which the insurer's or insurance group's risk appetite is determined, or at which the earnings, capital, liquidity, operations, and reputation of the insurer are overseen collectively and at which the supervision of those factors are coordinated and exercised, or the level at which legal liability for failure of general corporate governance duties would be placed. If the insurer or insurance group determines the level of reporting based on these criteria, it shall indicate which of the three (3) criteria was used to determine the level of reporting and explain any subsequent changes in the level of reporting. (e) The review of the CGAD and any additional requests for information shall be made through the lead state under the guidance of the procedures contained in the most recent financial analysis handbook referenced in subsection (a) of this section. (f) Insurers providing information substantially similar to the information required by this act in other documents provided to the commissioner, including any statements filed pursuant to W.S. 26-44-104, or other state or federal filings provided to the department, shall not be required to duplicate that information in the CGAD, but shall be required to cross reference and identify where the document may be located by the commissioner.

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26-54-104. Rules and regulations.

The commissioner shall promulgate rules and regulations necessary to carry out the provisions of this act. The rules and regulations shall be consistent with this act and the commissioner shall be guided by the model regulations adopted by the National Association of Insurance Commissioners at its 2014 fall national meeting and subsequent provisions of those model regulations, provided the model regulations are consistent with this act and other relevant provisions of Wyoming law and are not inappropriate for Wyoming circumstances.

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26-54-105. Contents of corporate governance annual disclosure.

(a) An insurer or insurance group shall have discretion over the manner in which a CGAD is submitted, provided the CGAD shall contain the material information necessary to permit the commissioner to gain an understanding of the insurer's or insurance group's corporate governance structure, policies and practices. The commissioner may request additional information deemed material and necessary to provide the commissioner with a clear understanding of corporate governance policies and the reporting, information systems or controls used to implement those policies. (b) Notwithstanding subsection (a) of this section, the CGAD shall be prepared consistent with this subsection and corporate governance annual disclosure regulations adopted pursuant to W.S. 26-54-104. The CGAD shall describe: (i) The insurer's or insurance group's corporate governance framework; (ii) The policies and practices of the most senior governing entity and significant committees thereof; (iii) Policies and practices for directing senior management; and (iv) The processes by which the board and senior management ensure an appropriate amount of oversight to the critical risk areas impacting the insurer’s business activities. (c) Documentation and supporting information relevant to the CGAD shall be maintained and made available for examination or upon request of the commissioner.

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26-54-106. Confidentiality.

(a) Documents, materials or other information, including the CGAD, in the possession or control of the department that are obtained by, created by or disclosed to the commissioner or any other person under this act, are recognized by this state as being proprietary and to contain trade secrets. All the documents, materials or other information shall be confidential by law and privileged, shall not be considered public records pursuant to W.S. 16-4-201 through 16-4-205, shall not be subject to subpoena and shall not be subject to discovery or admissible as evidence in any private civil action. The commissioner is authorized to use the documents, materials or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner's official duties. The commissioner shall not otherwise make the documents, materials or other information public without the prior written consent of the insurer. Nothing in this section shall be construed to require written consent of the insurer before the commissioner may share or receive documents, materials or other information pursuant to subsection (c) of this section and as necessary to assist in the performance of the commissioner's regular duties. (b) Neither the commissioner nor any other person who receives documents, materials or other information subject to subsection (a) of this section, through examination or otherwise, while acting under the authority of the commissioner, or with whom such documents, materials or other information are shared pursuant to this act, shall testify in any private civil action concerning the documents, materials or other information. (c) In order to assist in the performance of the commissioner's regulatory duties, the commissioner may: (i) Upon request, share documents, materials or other information, including confidential and privileged documents, materials or other information, which may include proprietary or trade secret information, with other state, federal and international financial regulatory agencies, including members of any supervisory college as defined under W.S. 26-44-118, with the National Association of Insurance Commissioners and with third party consultants pursuant to W.S. 26-54-107, provided that the recipient agrees in writing to maintain the confidentiality and privileged status of the documents, materials or other information and has verified in writing the legal authority to maintain confidentiality; (ii) Receive documents, materials or other information, including confidential and privileged documents, materials or other information, which may include proprietary or trade secret information, from regulatory officials of other state, federal and international financial regulatory agencies, including members of any supervisory college as defined under W.S. 26-44-118 and from the National Association of Insurance Commissioners. The commissioner shall maintain as confidential and privileged any documents, materials or other information received under this paragraph with notice or the understanding that it is confidential and privileged under the law of the jurisdiction that is the source of the document, materials or other information. (d) The sharing of documents, materials or other information by the commissioner pursuant to this act shall not constitute a delegation of regulatory authority or rulemaking, and the commissioner is solely responsible for the administration, execution and enforcement of the provisions of this act. (e) No waiver of any applicable privilege or claim of confidentiality in the documents, materials or other information shall occur as a result of disclosure of such information to the commissioner under this section or as a result of any sharing authorized by this act. (f) Information that is disclosed in the CGAD which is also contained in any public filing or is otherwise publicly disclosed by the insurer shall not be considered privileged or confidential.

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26-54-107. NAIC and third party consultants.

(a) The 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 CGAD and related information submitted by an insurer or to determine an insurer’s compliance with this act. (b) Any consultant retained under subsection (a) of this section shall act only as an independent contractor within the scope of duties established by the commissioner. (c) The National Association of Insurance Commissioners and any person retained pursuant to subsection (a) of this section shall be subject to the same confidentiality standards and requirements as the commissioner. (d) A third party consultant retained pursuant to subsection (a) of this section shall verify to the commissioner, with notice to the insurer, that he is free of a conflict of interest and that, if applicable, the consultant's firm has internal procedures in place to monitor compliance with a conflict and to comply with the confidentiality standards and requirements of this act. (e) The commissioner shall enter into a written agreement with the National Association of Insurance Commissioners and any person retained pursuant to subsection (a) of this section concerning the sharing and use of information provided under this act. Consistent with W.S. 26-2-113, the agreement shall contain the following provisions and expressly require the written consent of the insurer prior to making public any information provided under this act: (i) Specific procedures and protocols for maintaining the confidentiality and security of CGAD related information shared with the National Association of Insurance Commissioners or any person retained pursuant to subsection (a) of this section; (ii) Procedures and protocols for the National Association of Insurance Commissioners, or other persons retained pursuant to subsection (a) of this section, to disclose CGAD related information to other state regulators from states in which an insurance group has domiciled insurers. The agreement shall provide that the recipient agrees in writing to maintain the confidentiality and privileged status of the CGAD related documents, materials or other information and has verified in writing the legal authority to maintain confidentiality; (iii) A provision specifying that ownership of CGAD related information shared with the National Association of Insurance Commissioners or a person retained pursuant to subsection (a) of this section remains with the department and use of the information by the National Association of Insurance Commissioners or a person retained pursuant to subsection (a) of this section is subject to the direction of the commissioner; (iv) A provision that prohibits the National Association of Insurance Commissioners or any person retained pursuant to subsection (a) of this section from storing the information shared pursuant to this act in a permanent database after the underlying analysis is completed; (v) A provision requiring the National Association of Insurance Commissioners or any person retained pursuant to subsection (a) of this section to provide prompt notice to the commissioner and to the insurer or insurance group upon the receipt of any subpoena, request for disclosure, or request for production of the insurer's or insurance group’s CGAD related information; and (vi) A requirement that the National Association of Insurance Commissioners or any person retained pursuant to subsection (a) of this section shall consent to intervention by an insurer in any judicial or administrative action in which the National Association of Insurance Commissioners or the person retained pursuant to subsection (a) of this section may be required to disclose confidential information about the insurer shared with the National Association of Insurance Commissioners or a person retained pursuant to subsection (a) of this section.

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26-54-108. Sanctions.

Any insurer failing, without just cause, to timely file the CGAD required by this act shall be required, after notice and hearing, to pay a penalty of one hundred dollars ($100.00) for each day that the CGAD is not filed, to be recovered by the commissioner. The maximum penalty due under this section shall be five thousand dollars ($5,000.00). The commissioner may reduce the penalty if the insurer demonstrates to the commissioner that the imposition of the penalty would constitute a financial hardship to the insurer.

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26-55-101. Short title.

This act shall be known and may be cited as the "Ensuring Transparency in Prior Authorization Act."

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26-55-102. Definitions.

(a) As used in this act: (i) "Adverse determination" means a decision by a health insurer or contracted utilization review entity to deny, reduce or terminate benefit coverage for health care services furnished or proposed to be furnished because the services are not medically necessary or are experimental or investigational. A decision to deny, reduce or terminate health care services that are not covered for reasons other than their medical necessity or experimental or investigational nature is not an "adverse determination" for purposes of this act; (ii) "Authorization" means an approved prior authorization request; (iii) "Chronic or long-term care condition" means a condition that lasts not less than three (3) months and requires ongoing medical attention, limits activities of daily living or both; (iv) "Enrollee" means a person eligible to receive health care benefits by a health insurer pursuant to a health plan or other health insurance coverage. The term "enrollee" includes an enrollee's legally authorized representative; (v) "Health care service" means health care procedures, treatments or services provided by a licensed health care facility or provided by a licensed physician or licensed health care provider. The term "health care service" also includes the provision of pharmaceutical products or services and durable medical equipment; (vi) "Health insurer or contracted utilization review entity" means a person or entity that performs prior authorization for one (1) or more of the following entities: (A) An employer with employees in Wyoming who are covered under a health benefit plan, disability insurance as defined by W.S. 26-5-103 or a health insurance policy; (B) An insurer that writes health insurance policies; (C) A preferred provider organization or health maintenance organization. (vii) "Medically necessary health care services" means as defined by W.S. 26-40-102(a)(iii); (viii) "Medications for opioid use disorder" means the use of medications to provide a comprehensive approach to the treatment of opioid use disorder. United States food and drug administration approved medications used to treat opioid addiction include methadone, buprenorphine, alone or in combination with naloxone, and extended-release injectable naltrexone; (ix) "Prior authorization" means the process by which health insurers or contracted utilization review entities determine the medical necessity or medical appropriateness of otherwise covered health care services prior to rendering such health care services. "Prior authorization" also includes any health insurer or contracted utilization review entity's requirement that an enrollee or health care provider notify the health insurer or contracted utilization review entity prior to providing a health care service; (x) "Urgent health care service" means a health care service for which the application of the time periods for making a nonexpedited prior authorization decision could, in the opinion of a physician with knowledge of the enrollee's medical condition: (A) Seriously jeopardize the life or health of the enrollee or the ability of the enrollee to regain maximum function; or (B) Could subject the enrollee to severe pain that cannot be adequately managed without the care or treatment that is the subject of the review. For purposes of this act, urgent health care service shall include mental and behavioral health care services. (xi) "Step therapy protocol" means an evidence-based protocol or program that establishes the specific sequence in which prescription drugs for a specified medical condition are deemed medically appropriate for a particular patient and are covered by a health insurer or health benefit plan; (xii) "Health care provider" means a person licensed, registered or certified under federal or state laws or regulations to provide health care services; (xiii) "This act" means W.S. 26-55-101 through 26-55-113.

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26-55-103. Disclosure and review of prior authorization requirements.

(a) Each health insurer or contracted utilization review entity shall make any current prior authorization requirements and restrictions easily accessible on its website to enrollees, health care providers and the general public. Each health insurer or contracted utilization review entity shall directly furnish those requirements and restrictions within twenty-four (24) hours after being requested by a health care provider. Requirements and restrictions provided or posted under this subsection shall be described in detail but also in easily understandable language. Content published by a third party and licensed for use by a health insurer or contracted utilization review entity may be made available through the health insurer or contracted utilization review entity's secure password protected website, provided that the access requirements of the website do not unreasonably restrict access to any current prior authorization requirements and restrictions. (b) Each health insurer or contracted utilization review entity shall not implement a new or amended prior authorization requirement or restriction unless its website has been updated to reflect the new or amended prior authorization requirement or restriction. (c) Each health insurer or contracted utilization review entity shall provide affected contracted health care providers and enrollees written notice of any new or amended prior authorization requirement or restriction implemented under the health insurer's medical policy or the health insurance contract not less than sixty (60) days before the new or amended prior authorization requirement or restriction is implemented. (d) The department of insurance shall promulgate rules requiring health insurers or contracted utilization review entities to make statistics available to the public and the department regarding prior authorizations and adverse determinations. At a minimum, the statistics shall include categories for: (i) The health care provider specialty; (ii) The medication or diagnostic test or procedure; (iii) The indication offered; (iv) The reason for the adverse determination; (v) Whether the adverse determination was appealed; (vi) Whether the adverse determination was upheld or reversed on appeal; (vii) The time between submission of the prior authorization request and the authorization or initial adverse determination.

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26-55-104. Persons qualified to make adverse determinations.

(a) Each health insurer or contracted utilization review entity shall ensure that all adverse determinations are made by a physician or other appropriate licensed health care provider who has: (i) Sufficient medical knowledge in an applicable practice area or specialty; (ii) Knowledge of the coverage criteria; (iii) Unless otherwise required under Wyoming law, a current and unrestricted license to practice within the scope of their profession in a state, territory, commonwealth of the United States or the District of Columbia; (iv) Knowledge of the applicable person's medical history and diagnosis.

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26-55-105. Consultation after issuing an adverse determination.

After issuing an adverse determination, the health insurer or contracted utilization review entity shall provide the opportunity to the health care provider to discuss the medical necessity of the health care service with the person who has decision making authority and will be responsible for determining authorization of the health care service under review. The health insurer or contract utilization review entity shall attempt to schedule the discussion within five (5) business days after the health care provider's request.

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26-55-106. Requirements applicable to persons reviewing appeals.

(a) Each health insurer or contracted utilization review entity shall ensure that all appeals of adverse determinations are reviewed by a physician or other appropriate licensed health care provider who has: (i) Sufficient medical knowledge in an applicable practice area or specialty; (ii) Knowledge of the coverage criteria; (iii) A current and unrestricted license to practice within the scope of their medical profession in a state, territory, commonwealth of the United States or the District of Columbia; (iv) Not been employed by the health insurer or contracted utilization review entity or been under contract with the health insurer or contracted utilization review entity other than to participate in one (1) or more of the health insurer or contracted utilization review entity's health care provider networks or to perform reviews of appeals, or otherwise have any financial interest in the outcome of the appeal; (v) Not been directly involved in the initial adverse determination; and (vi) Considered all known clinical aspects of the health care service under review, including but not limited to, a review of all pertinent medical records provided to the health insurer or contracted utilization review entity by the enrollee's health care provider, any relevant records provided to the health insurer or contracted utilization review entity by a health care facility, any pertinent material provided by the enrollee and any medical literature provided to the health insurer or contracted utilization review entity by the health care provider. (b) The enrollee's health care provider may request upon the initiation of an appeal that the appeal from an adverse determination be made by a physician or a specialist in the area of medicine under appeal.

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26-55-107. Health insurer or contracted utilization review

entities' obligations regarding prior authorization for nonurgent health care services If a health insurer or contracted utilization review entity requires prior authorization of a health care service, the health insurer or contracted utilization review entity shall make an authorization or adverse determination and notify the enrollee and the enrollee's health care provider of the authorization or adverse determination within five (5) calendar days of obtaining all necessary information to complete the review.

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26-55-108. Health insurer or contracted utilization review

entities' obligations with respect to prior authorizations for urgent health care services. Each health insurer or contracted utilization review entity shall make an authorization or adverse determination concerning urgent health care services and notify the enrollee and the enrollee's health care provider of that authorization or adverse determination not later than seventy-two (72) hours after receiving all necessary information to complete the review. The prior authorization request shall be considered authorized if the health insurer or contracted utilization review entity fails to notify the enrollee and the health care provider of a decision within seventy-two (72) hours of receiving all necessary information to complete the review. A health insurer or contracted utilization review entity shall provide an online portal for health care providers to have the option of submitting urgent prior authorization requests for urgent health care services.

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26-55-109. No prior authorization for medications for opioid use disorder.

No health insurer or contracted utilization review entity shall require prior authorization for the provision of medications for opioid use disorder.

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26-55-110. Length of authorization generally; revocation

of prior authorizations prohibited; length of authorization for chronic or long-term care conditions. (a) Each authorization shall have the following timelines: (i) Outpatient service prior authorizations shall be valid for a period of not less than one (1) year; (ii) Prescription drug authorization periods shall be effective for a period of not less than one (1) year including changes in dosage for a prescription drug prescribed by a health care provider, provided that the authorization period and dosage change are consistent with dosing and duration according to evidence-based guidelines for safety and efficacy; (iii) Prior authorizations for inpatient services shall be valid for a length of time based on the patient's clinical condition. This period will be not less than one (1) day. (b) Each health insurer or contracted utilization review entity shall not revoke, limit, condition or restrict a previously approved authorization for health care services if the health care services are provided within forty-five (45) business days from the date the health care provider received the authorization approval for the specific service that was authorized. (c) If a health insurer or contracted utilization review entity requires a prior authorization request for a health care service for the treatment of a chronic or long-term care condition, the authorization shall remain valid for one (1) year. This section shall not apply to the prescription of benzodiazepines or schedule II narcotic drugs.

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26-55-111. Continuity of care for enrollees.

(a) On receipt of all necessary information documenting an authorization from the enrollee, previous health insurer or the enrollee's health care provider, a health insurer or contracted utilization review entity shall honor an authorization granted to an enrollee from a previous health insurer or contracted utilization review entity for not less than ninety (90) days after an enrollee's coverage under a new health plan commences, if the health care service is a covered benefit under the new health insurance plan. (b) During the time period described in subsection (a) of this section, a health insurer or contracted utilization review entity may perform its own review to grant a new authorization. (c) If there is a change in coverage of, or a change in approval criteria for, a previously authorized health care service under the enrollee's current health care plan, the change in coverage or approval criteria shall not affect an enrollee who received authorization less than one (1) year before the effective date of the change. A health insurer or contracted utilization review entity may require a new prior authorization request one (1) year after the enrollee's previous prior authorization was requested. (d) No enrollee shall be required to repeat a step therapy protocol if that enrollee, while under their current or a previous health benefit plan, used the prescription drug required by the step therapy protocol, or another prescription drug in the same pharmacologic class with a similar efficacy and side effect profile or with the same mechanism of action, and discontinued use due to lack of efficacy, effectiveness, an adverse event or contraindication. The enrollee's prescribing provider shall submit justification and clinical information, if requested, that demonstrates a clinically valid reason for why the covered prescribed drug is needed and documentation of completion of previous step therapy protocols for the prescribed drug.

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26-55-112. Provider exemptions from prior authorization requirements.

(a) A health care provider, as identified by a unique national provider identifier, shall be granted a twelve (12) month or one (1) year exemption from completing a prior authorization request for a health care service, excluding the practice of pharmacy and prescription drugs, if: (i) In the most recent twelve (12) month period, the health insurer or contracted utilization review entity has authorized not less than ninety percent (90%) of the prior authorization requests, rounded down to the nearest whole number, submitted by the health care provider for that health care service; and (ii) The health care provider has made a prior authorization request for that health care service not less than five (5) times in the most recent twelve (12) month period. (b) A health insurer or contracted utilization review entity may evaluate whether a health care provider continues to qualify for exemptions as described in subsection (a) of this section. Nothing in this section shall require a health insurer or contracted utilization review entity to evaluate an existing exemption under subsection (a) of this section or prevent a health insurer or contracted utilization review entity from establishing a longer exemption period. (c) A health care provider is not required to request an exemption in order to receive an exemption under subsection (a) of this section. (d) A health care provider who does not receive an exemption under subsection (a) of this section may request from the health insurer or contracted utilization review entity up to one (1) time per calendar year per service, evidence to support the health insurer or contracted utilization review entity's decision. A health care provider may appeal a health insurer or contracted utilization review entity's decision to deny an exemption. (e) A health insurer or contracted utilization review entity shall only revoke an exemption at the end of a twelve (12) month period if the health insurer or contracted utilization review entity: (i) Makes a determination that the health care provider would not have met the ninety percent (90%), rounded down to the nearest whole number, authorization criteria based on a retrospective review of the claims for the particular service for which the exemption applies; (ii) Provides the health care provider with the information it relied upon in making its determination to revoke the exemption; and (iii) Provides the health care provider a plain language explanation of how to appeal the decision. (f) An exemption under subsection (a) of this section shall remain in effect until the thirtieth day after the date the health insurer or contracted utilization review entity notifies the health care provider of its determination to revoke the exemption or, if the health care provider appeals the determination, the fifth day after the revocation is upheld on appeal. (g) A determination to revoke or deny an exemption under subsection (a) of this section shall be made by a licensed health care provider that is of the same or similar specialty as the health care provider being considered for an exemption and has experience in providing the service for which the potential exemption applies. (h) A health insurer or contracted utilization review entity shall provide a health care provider that receives an exemption under subsection (a) of this section a notice that includes: (i) A statement that the health care provider qualifies for an exemption from prior authorization requirements; (ii) A list of services for which the exemption applies; and (iii) A statement of the twelve (12) month duration of the exemption. (j) No health insurer or contracted utilization review entity shall deny or reduce payment for a health care service exempted from a prior authorization requirement under this section, including a health care service performed or supervised by another health care provider when the health care provider who ordered such service received a prior authorization exemption, unless the rendering health care provider: (i) Knowingly and materially misrepresented the health care service in request for payment submitted to the health insurer or contracted utilization review entity with the specific intent to deceive and obtain an unlawful payment from the health insurer or contracted utilization review entity; or (ii) Failed to substantially perform the health care service.

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26-55-113. Prior authorization for rehabilitative or habilitative services.

(a) A health insurer or contracted utilization review entity shall not require prior authorization for rehabilitative or habilitative services including, but not limited to, physical therapy services or occupational therapy services for the first twelve (12) visits for each new episode of care. For purposes of this subsection, "new episode of care" means treatment for a new condition or treatment for a recurring condition that an enrollee has not been treated within the previous ninety (90) days. (b) This section does not limit the right of a health insurer or contracted utilization review entity to deny a claim when an appropriate prospective or retrospective review concludes that the health care services were not medically necessary.

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26-56-101. Definitions.

(a) As used in this chapter: (i) "Applicant" means a health care provider who submits an application to a health carrier to become credentialed as a participating health care provider in one (1) or more of the health carrier's provider networks; (ii) "Application" means an applicant's most recent application to become credentialed by a health carrier as a participating health care provider in one (1) or more of the health carrier's provider networks; (iii) "Completed credentialing application" means a credentialing application that is free of defects and contains all of the information that, when later supplemented by verification and documentation gathered by the health carrier during the primary source verification process, is necessary for the health carrier to make a credentialing decision; (iv) "Credentialing" means the process by which a health carrier or its designee collects information concerning an applicant, assesses whether the applicant satisfies the requirements to become a participating health care provider in one (1) or more of the health carrier's provider networks, verifies all information submitted by the applicant and approves or denies the applicant's application; (v) "Health carrier" means as defined by W.S. 26-13-303(a)(iii) and shall not mean pharmacy benefit managers as defined by W.S. 26-52-102(a)(vii).

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