Ohio Revised Code Chapter 3901 - Superintendent Of Insurance

• Section 3901.01 - Department Of Insurance.
  There is hereby created a department of insurance which shall have all powers and perform all duties formerly vested in and imposed upon the...
• Section 3901.011 - Superintendent Of Insurance - Powers And Duties.
  The superintendent of insurance shall be the chief executive officer and director of the department of insurance and shall have all the powers and...
• Section 3901.02 - Appointment Or Hiring Of Employees.
  The superintendent of insurance may appoint such employees as the prompt dispatch of business requires, including skilled and competent persons to examine and report...
• Section 3901.021 - Department Of Insurance Operating Fund.
  (A) Three-fourths of all appointment and other fees collected under division (B) of section 3905.20 of the Revised Code shall be paid into the...
• Section 3901.03 - Warden - Duties - Office Of Warden.
  The superintendent of insurance shall appoint a warden who shall investigate all reported violations of law relating to insurance, and perform such other duties...
• Section 3901.04 - Superintendent - Specific Powers.
  (A) As used in this section: (1) "Laws of this state relating to insurance" include but are not limited to Chapter 1751. notwithstanding section...
• Section 3901.041 - Rule-making And Adjudicating Powers Of Superintendent.
  The superintendent of insurance shall adopt, amend, and rescind rules and make adjudications, necessary to discharge the superintendent's duties and exercise the superintendent's powers,...
• Section 3901.042 - Service And Transaction Fees.
  The superintendent of insurance may adopt rules in accordance with Chapter 119. of the Revised Code for the purpose of implementing Amended Substitute House...
• Section 3901.043 - Fees For Services Or Transactions Performed By Department Of Insurance.
  The superintendent of insurance may adopt rules in accordance with Chapter 119. of the Revised Code to establish reasonable fees for any service or...
• Section 3901.044 - Rules For Implementing Health Insurance Portability And Accountability Act.
  The superintendent of insurance may adopt rules in accordance with Chapter 119. of the Revised Code that the superintendent considers necessary and advisable for...
• Section 3901.045 - Receiving Confidential Or Privileged Documents And Information.
  (A) The superintendent of insurance may receive documents and information, including otherwise confidential or privileged documents and information, from local, state, federal, and international...
• Section 3901.05 - Deputy Superintendent - Duties.
  In the event of a vacancy in the office of the superintendent of insurance, or in the absence or disability of that officer, or...
• Section 3901.051 - Assistant Superintendent - Duties.
  The assistant superintendents shall perform such duties of the superintendent and such other duties as the superintendent shall direct. Effective Date: 09-09-1957
• Section 3901.052 - Application For Innovative Waiver.
  The superintendent of insurance shall apply to the United States secretary of health and human services and the United States secretary of the treasury...
• Section 3901.06 - Instruments Under Seal Of The Superintendent.
  A certificate, assignment, or conveyance executed in pursuance of law by the superintendent of insurance with the seal of his office affixed thereto shall...
• Section 3901.07 - Examination Of Financial Affairs Of Insurer.
  (A) As used in this section, "insurer" means any person doing or authorized to do any insurance business in this state. (B) (1) Before...
• Section 3901.071 - Superintendent's Examination Fund.
  All moneys collected by the superintendent of insurance for expenses incurred by the superintendent in conducting examinations pursuant to the Revised Code of the...
• Section 3901.08 - Information From Banks.
  The superintendent of insurance may make written requisitions upon the officers or directors of any national bank, state bank, or state bank and trust...
• Section 3901.09 - Duty Of Bank Officers.
  Any officer or director of any national bank, state bank, or state bank and trust company of this state, and any clearing corporation, direct...
• Section 3901.10 - Deficiency Of Company Assets.
  If it appears to the superintendent of insurance upon satisfactory evidence that the assets of an insurance company, organized under the laws of this...
• Section 3901.11 - Acquisition Of Stock Of Other Insurers.
  Any domestic insurer and any foreign or alien insurer authorized to do business in this state may retain, invest in, or acquire the whole...
• Section 3901.12 - Interlocking Directorate.
  Any person otherwise qualified may be a director of two or more insurers which are competitors or which have a common management, but no...
• Section 3901.13 - Hearing By Superintendent.
  Whenever the superintendent of insurance has reason to believe that there is a violation of section 3901.11 or 3901.12 of the Revised Code, he...
• Section 3901.14 - Record And Report Of Superintendent.
  The superintendent of insurance shall preserve a full record of his proceedings, including a concise statement of the condition of each insurance company or...
• Section 3901.15 - Application Of Law.
  The laws relating to the superintendent of insurance apply to all persons, companies, and associations, whether incorporated or not, engaged in the business of...
• Section 3901.16 - Forfeiture.
  Any association, company, or corporation, including a health insuring corporation, which violates any law relating to the superintendent of insurance, any provision of Chapter...
• Section 3901.17 - Personal Jurisdiction Over Foreign Or Alien Insurer.
  (A) As used in this section: (1) "Captive insurer" has the same meaning as in section 3905.36 of the Revised Code. (2) "Insurer" includes,...
• Section 3901.18 - Requirements For Unauthorized Foreign Or Alien Insurer To Enter An Appearance.
  (A) Before any unauthorized foreign or alien insurer may enter an appearance in any court action, suit, or proceeding or in any administrative proceeding...
• Section 3901.19 - Unfair And Deceptive Practices Definitions.
  As used in sections 3901.19 to 3901.26 of the Revised Code: (A) "Person" means any individual, corporation, association, partnership, reciprocal exchange, inter-insurer, fraternal benefit...
• Section 3901.20 - Prohibition Against Unfair Or Deceptive Acts.
  No person shall engage in this state in any trade practice which is defined in sections 3901.19 to 3901.23 of the Revised Code as,...
• Section 3901.21 - Unfair And Deceptive Acts Or Practices In Business Of Insurance Defined.
  The following are hereby defined as unfair and deceptive acts or practices in the business of insurance: (A) Making, issuing, circulating, or causing or...
• Section 3901.211 - Lending Of Money, Extension Of Credit - Prohibited Acts.
  (A) (1) No person may require as a condition precedent to the lending of money or the extension of credit, or any renewal thereof,...
• Section 3901.22 - Hearings On Violation - Orders - Administrative Remedies.
  (A) The superintendent of insurance may conduct hearings to determine whether violations of section 3901.20 of the Revised Code have occurred. Any person aggrieved...
• Section 3901.221 - Cease-and-desist Orders.
  If a violation of section 3901.20 of the Revised Code has caused, is causing, or is about to cause substantial and material harm, the...
• Section 3901.23 - Self-incrimination.
  If any person asks to be excused from attending and testifying or from producing any books, papers, records, correspondence, or other documents at any...
• Section 3901.24 - Unlawful Advertising.
  No unauthorized foreign or alien insurer shall make, issue, circulate, or cause to be made, issued, or circulated, to residents of this state any...
• Section 3901.241 - List Of Top Twenty Per Cent Of Services And Expected Contributions.
  (A) As used in this section: (1) "Exchange" has the same meaning as in section 3905.01 of the Revised Code. (2) "Enrollee's expected contribution"...
• Section 3901.25 - Action By Superintendent Against Insurer.
  If after thirty days following the giving of the notice mentioned in section 3901.24 of the Revised Code such insurer has failed to cease...
• Section 3901.26 - Acts By Insurer Which Constitute Appointment Of Superintendent As Attorney - Service Of Statement.
  (A) Any of the following acts in this state, effected by mail or otherwise, by any such unauthorized foreign or alien insurer; (1) the...
• Section 3901.27 - Adoption Of Emergency Bylaws.
  The board of directors of any domestic insurance company may at any time adopt emergency bylaws, subject to repeal or change by action of...
• Section 3901.28 - Provisions Effective If No Emergency Bylaws.
  In the event that the board of directors of a domestic insurance company has not adopted emergency bylaws, the following provisions shall become effective...
• Section 3901.29 - Succession List.
  At any time, the board of directors of a domestic insurance company may, by resolution, provide that in the event of an emergency, as...
• Section 3901.30 - Emergency Business Location.
  At any time, the board of directors of a domestic insurance company may, by resolution, provide that in the event of an emergency, as...
• Section 3901.31 - Filing Statements Indicating Ownership.
  (A) Every person who is directly or indirectly the beneficial owner of more than ten per cent of any class of any equity security...
• Section 3901.32 - Insurance Holding Company System Definitions.
  As used in sections 3901.32 to 3901.37 of the Revised Code: (A) "Affiliate of" or "affiliated with" a specific person means a person that,...
• Section 3901.321 - Mergers And Acquisitions Of Domestic Insurers.
  (A) For the purposes of this section: (1) "Acquiring party" means any person by whom or on whose behalf a merger or other acquisition...
• Section 3901.322 - Procedure For Violations.
  (A) Whenever it appears to the superintendent of insurance that any person has committed or is about to commit a violation of section 3901.321...
• Section 3901.323 - Jurisdiction.
  (A) The courts of this state have personal jurisdiction over both of the following: (1) Every person that is not a resident or domiciliary...
• Section 3901.33 - Registration.
  (A) Every insurer that is authorized to do business in this state and that is a member of an insurance holding company system shall...
• Section 3901.34 - Material Transactions Standards.
  (A) Transactions within an insurance holding company system to which an insurer subject to registration is a party shall be subject to the following...
• Section 3901.341 - Prior Review Of Proposed Transactions.
  (A) No insurer subject to registration under section 3901.33 of the Revised Code shall enter into any of the following transactions with any person...
• Section 3901.35 - Requiring Production Of Records.
  (A) (1) In addition to the powers that the superintendent has under sections 3901.01 to 3901.31 of the Revised Code, relating to the examination...
• Section 3901.351 - Participation In Supervisory College.
  (A) With respect to any insurer registered under section 3901.33 of the Revised Code and in accordance with division (C) of this section, the...
• Section 3901.36 - Confidential And Privileged Treatment Of Documents And Information - Exceptions.
  (A) Documents, materials, or other information in the possession or control of the department of insurance that are obtained by or disclosed to the...
• Section 3901.37 - Suspension, Revocation Or Refusal To Renew License - Civil Forfeiture.
  (A) Whenever it appears to the superintendent of insurance that any person has committed a violation of section 3901.33, 3901.34, 3901.341, or 3901.35 of...
• Section 3901.371 - Purpose Of Sections To 3901.378.
  The purpose of sections 3901.371 to 3901.378 of the Revised Code is to provide the requirements for maintaining a risk management framework and completing...
• Section 3901.372 - Definitions.
  For the purposes of sections 3901.371 to 3907.378 of the Revised Code: (A) "Insurance group" means those insurers and affiliates included within an insurance...
• Section 3901.373 - Risk Management Framework.
  An insurer shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing, and reporting on its material and relevant...
• Section 3901.374 - Own Risk And Solvency Assessment.
  Unless exempted by section 3901.376 of the Revised Code, an insurer, or the insurance group of which the insurer is a member, shall regularly...
• Section 3901.375 - Summary Report.
  (A) (1) Upon the request of the superintendent of insurance, and not more than once annually, an insurer shall submit to the superintendent an...
• Section 3901.376 - Exemptions.
  (A) (1) An insurer shall be exempt from the requirements of sections 3901.371 to 3901.378 of the Revised Code if both of the following...
• Section 3901.377 - Form And Content Of Report; Review.
  (A) The own risk and solvency assessment summary report shall be prepared consistent with the own risk and solvency assessment guidance manual, subject to...
• Section 3901.378 - Confidentiality.
  (A) Documents, materials, or other information, including the own risk and solvency assessment summary report, in the possession or control of the department of...
• Section 3901.38 - Prompt Payments To Health Care Providers Definitions.
  As used in this section and sections 3901.381 to 3901.3814 of the Revised Code: (A) "Beneficiary" means any policyholder, subscriber, member, employee, or other...
• Section 3901.381 - Third-party Payers Processing Claims For Payment For Health Care Services.
  (A) Except as provided in sections 3901.382, 3901.383, 3901.384, and 3901.386 of the Revised Code, a third-party payer shall process a claim for payment...
• Section 3901.382 - Electronic Submission Of Claims.
  Beginning six months after the date specified in section 262 of the "Health Insurance Portability and Accountability Act of 1996," 110 Stat. 2027, 42...
• Section 3901.383 - Contractual Agreements For Payments By Third-party Payers.
  (A) A provider and a third-party payer may do either of the following: (1) Enter into a contractual agreement under which time periods shorter...
• Section 3901.384 - Untimely Claim Process.
  (A) Subject to division (B) of this section, a third-party payer that requires timely submission of claims for payment for health care services shall...
• Section 3901.385 - Third-party Payer - Prohibited Acts.
  A third-party payer shall not do either of the following: (A) Engage in any business practice that unfairly or unnecessarily delays the processing of...
• Section 3901.386 - Reimbursement Contract - Reimbursements To Be Made Directly To Hospital - Assignment Of Benefits.
  (A) Notwithstanding section 1751.13 or division (I)(2) of section 3923.04 of the Revised Code, a reimbursement contract entered into or renewed on or after...
• Section 3901.387 - Duplicative Claims - Claim Information System.
  (A) When a provider or beneficiary submits a duplicative claim for payment for health care services before the time periods specified in section 3901.381...
• Section 3901.388 - Payments Considered Final - Overpayment.
  (A) A payment made by a third-party payer to a provider in accordance with sections 3901.381 to 3901.386 of the Revised Code shall be...
• Section 3901.389 - Computation Of Interest.
  (A) Any third-party payer that fails to comply with section 3901.381 of the Revised Code, or any contractual payment arrangement entered into under section...
• Section 3901.3810 - Complaints By Provider Or Beneficiary - Retaliation By Payer.
  (A) A provider or beneficiary aggrieved with respect to any act of a third-party payer that the provider or beneficiary believes to be a...
• Section 3901.3811 - Failure To Comply By Third-party Payer.
  (A) No third-party payer shall fail to comply with sections 3901.381 and 3901.384 to 3901.3810 of the Revised Code. (B) The superintendent of insurance...
• Section 3901.3812 - Administrative Remedies.
  (A) If, after completion of an examination involving information collected from a six-month period, the superintendent finds that a third-party payer has committed a...
• Section 3901.3813 - Rules.
  The superintendent of insurance may adopt rules as the superintendent considers necessary to carry out the purposes of section 3901.38 and sections 3901.381 to...
• Section 3901.3814 - Exceptions To Provisions.
  Sections 3901.38 and 3901.381 to 3901.3813 of the Revised Code do not apply to the following: (A) Policies offering coverage that is regulated under...
• Section 3901.40 - Payment Or Reimbursement To Unlicensed Or Unaccredited Hospital Prohibited.
  No insurance company, health insuring corporation, or self-insurance plan authorized to do business in this state shall include or provide in its policies or...
• Section 3901.41 - Applicability Of Uniform Electronics Transactions Act; Automated Transactions.
  (A) As used in this section: (1) "Automated transaction" has the same meaning as in section 1306.01 of the Revised Code, and includes electronic...
• Section 3901.42 - Annual Filing With National Association Of Insurance Commissioners.
  (A) As used in this section, "actuarial certification" means certification by a member in good standing of the American Academy of Actuaries, or a...
• Section 3901.43 - [Repealed].
  Effective Date: 06-18-2002
• Section 3901.44 - Records Of Insurance Fraud Investigation.
  (A) As used in this section, "insurance fraud investigation" means any investigation conducted by the superintendent of insurance or a designee of the superintendent...
• Section 3901.45 - Effect Of Sexual Orientation, Hiv, Or Aids Or Related Condition.
  (A) As used in sections 3901.45 and 3901.46 of the Revised Code: (1) "AIDS," "HIV," "AIDS-related condition," and "HIV test" have the same meanings...
• Section 3901.46 - Requiring Hiv Testing.
  As used in this section, "membership organization" means a fraternal or other association or group of individuals involved in the same occupation, activity, or...
• Section 3901.47 - Administration Of Claims Unpaid Due To Insolvency Of Insurer.
  (A) As used in this section: (1) "Insurer" means any insurer authorized to write life or sickness and accident insurance in this state under...
• Section 3901.48 - Disclosing Work Papers Resulting From Conduct Of Audit.
  (A) The original work papers of a certified public accountant performing an audit of an insurance company or health insuring corporation doing business in...
• Section 3901.49 - [Repealed].
  Effective Date: 02-09-2004
• Section 3901.491 - Genetic Screening Or Testing.
  (A) As used in this section: (1) "Genetic screening or testing" means a laboratory test of a person's genes or chromosomes for abnormalities, defects,...
• Section 3901.50 - [Repealed].
  Effective Date: 02-09-2004
• Section 3901.501 - Genetic Screening Or Testing For Self-insurance Plans.
  (A) As used in this section: (1) "Genetic screening or testing" means a laboratory test of a person's genes or chromosomes for abnormalities, defects,...
• Section 3901.51 - Uncertified Securities As Deposits Definitions.
  As used in sections 3901.51 to 3901.55 of the Revised Code: (A) "Clearing corporation" has the same meaning as in section 1308.01 of the...
• Section 3901.52 - Insurance Company May Place Securities In Clearing Corporation Or Federal Reserve Book-entry System.
  (A) An insurance company may place or arrange for the placement of securities held in or purchased for its general account and its separate...
• Section 3901.53 - Placement Of Securities Shall Satisfy Deposit Requirements.
  (A) Securities that are eligible for deposit under provisions of the insurance laws of this state may be placed with a clearing corporation or...
• Section 3901.54 - Securities May Not Be Used For Other Purposes.
  No insurance company shall use, for any purpose other than to satisfy the deposit requirements under provisions of the insurance laws of this state,...
• Section 3901.55 - Rules.
  The superintendent of insurance may adopt rules pursuant to Chapter 119. of the Revised Code to carry out the purposes of sections 3901.51, 3901.52,...
• Section 3901.56 - Rewards Or Incentives For Insurer Wellness Or Health Improvement Programs.
  An insurer may offer a wellness or health improvement program that provides rewards or incentives, including merchandise; gift cards; debit cards; premium discounts or...
• Section 3901.61 - Credit For Reinsurance Ceded Definitions.
  As used in sections 3901.61 to 3901.65 of the Revised Code: (A) "Assuming insurer" means an insurance company that accepts all or part of...
• Section 3901.62 - Credit For Reinsurance Ceded As Asset Or Reduction Of Liability; Accreditation As Reinsurer.
  (A) Except as provided in sections 3901.63 and 3901.64 of the Revised Code, a domestic ceding insurer that is authorized to do any insurance...
• Section 3901.621 - Suspension Or Revocation Of Reinsurer's Accreditation Or Certification.
  (A) If a reinsurer accredited pursuant to division (B)(1) of section 3901.62 of the Revised Code or certified pursuant to division (D)(1) of that...
• Section 3901.63 - Credit For Reinsurance Ceded As Reduction Of Liability.
  (A) If section 3901.62 of the Revised Code does not apply to the reinsurance ceded to an assuming insurer by a domestic ceding insurer...
• Section 3901.631 - Management Of Reinsurance Recoverables By Domestic Ceding Insurer.
  (A) A domestic ceding insurer shall take steps to manage its reinsurance recoverables proportionate to its own book of business. (1) A domestic ceding...
• Section 3901.64 - Terms Of Reinsurance Or Security Agreement.
  (A) A domestic ceding insurer may take credit for any reinsurance ceded as provided in sections 3901.61 to 3901.63 of the Revised Code only...
• Section 3901.65 - Rules.
  The superintendent of insurance may adopt rules, in accordance with Chapter 119. of the Revised Code, to carry out the purposes of sections 3901.61...
• Section 3901.67 - Disclosure Of Material Transactions Model Act Definitions.
  As used in sections 3901.67 to 3901.70 of the Revised Code: (A) "Material acquisition" means an acquisition, or a series of related acquisitions during...
• Section 3901.68 - Provisions Application.
  Sections 3901.67 to 3901.70 of the Revised Code apply to all of the following: (A) Asset acquisitions, including every purchase, lease, exchange, merger, consolidation,...
• Section 3901.69 - Insurer To Report Material Transactions.
  (A) Each insurer domiciled in this state shall file a report with the superintendent of insurance disclosing material acquisitions and material dispositions of assets,...
• Section 3901.70 - Confidentiality Of Reports - Exceptions.
  (A) Each report obtained by or disclosed to the superintendent of insurance pursuant to sections 3901.67 to 3901.70 of the Revised Code is confidential...
• Section 3901.71 - Application Of Mandated Health Benefits.
  (A) As used in this section, "mandated health benefits" means any required coverage, or required offering of coverage, for the expenses of specified services,...
• Section 3901.72 - Money Advanced To Insurance Company Or Health Insuring Corporation.
  Any person may advance to a domestic insurance company or a health insuring corporation any sum of money necessary for the purpose of the...
• Section 3901.73 - Department To Forward Copy Of Late Filing Notice To Board Of Directors.
  The department of insurance shall forward a copy of any written notice received from any insurance company or health insuring corporation domiciled in this...
• Section 3901.74 - Notice Of Life Insurance Company Discontinuing Business.
  When a life insurance company doing business in this state decides to discontinue its business, the superintendent of insurance upon the application of the...
• Section 3901.75 - Notice Of Insurance Companies Other Than Life Discontinuing Business.
  When any insurance company or corporation other than life, which company or corporation has made a deposit with the superintendent of insurance, intends to...
• Section 3901.76 - Security Valuation Expense Fund.
  As used in this section, "securities" means the stocks, bonds, debentures, and other assets subject from time to time to valuation by the committee...
• Section 3901.77 - Forms, Instructions, Manuals - Determination Of Accounting Practices And Methods.
  (A) The superintendent of insurance shall adopt the forms, instructions, and manuals prescribed by the national association of insurance commissioners, for the preparation and...
• Section 3901.78 - Certificate Of Compliance.
  Upon request or in any other circumstance that the superintendent of insurance determines to be appropriate, the superintendent may issue certificates of compliance to...
• Section 3901.781 - [Repealed].
  Effective Date: 09-29-2005
• Section 3901.782 - [Repealed].
  Effective Date: 09-29-2005
• Section 3901.783 - [Repealed].
  Effective Date: 09-29-2005
• Section 3901.784 - [Repealed].
  Effective Date: 09-29-2005
• Section 3901.80 - [Repealed].
  Repealed by 129th General AssemblyFile No.48, HB 218, §2, eff. 12/26/2011. Effective Date: 05-01-2000
• Section 3901.81 - Definitions.
  As used in this section and sections 3901.811 to 3901.815 of the Revised Code: (A) "Auditing entity" means any person or government entity that...
• Section 3901.811 - Pharmacy Audits.
  (A) Except as provided in division (B) of this section, an auditing entity is subject to all of the following conditions when performing a...
• Section 3901.812 - Rights Of Pharmacy.
  A pharmacy may do any of the following when a pharmacy audit is performed: (A) Validate a pharmacy record by using original or photocopied...
• Section 3901.813 - Proceedings After Audit.
  (A) Except as provided in division (B) of this section, all of the following apply after a pharmacy audit is completed: (1) A pharmacy...
• Section 3901.814 - Appeal Process.
  Each auditing entity in this state shall establish in writing separate procedures for a pharmacy to appeal one or more findings in a preliminary...
• Section 3901.815 - Applicability Of Provisions.
  Sections 3901.811 to 3901.814 of the Revised Code shall not apply to an auditing entity that is a medicaid managed care organization if application...
• Section 3901.82 - [Repealed].
  Repealed by 129th General AssemblyFile No.48, HB 218, §2, eff. 12/26/2011. Effective Date: 05-01-2000
• Section 3901.83 - [Repealed].
  Repealed by 129th General AssemblyFile No.48, HB 218, §2, eff. 12/26/2011. Effective Date: 06-18-2002
• Section 3901.84 - [Repealed].
  Repealed by 129th General AssemblyFile No.48, HB 218, §2, eff. 12/26/2011. Effective Date: 05-01-2000
• Section 3901.86 - Retaliatory Provisions - Moneys Collected Paid To State Fire Marshal's Fund.
  (A) When the laws of any other state, district, territory, or nation impose any taxes, fines, penalties, license fees, deposits of money, securities, or...
• Section 3901.87 - No Coverage For Nontherapeutic Abortion.
  (A) No qualified health plan shall provide coverage for a nontherapeutic abortion. (B) As used in this section: (1) "Nontherapeutic abortion" has the same...
• Section 3901.99 - Penalty.
  (A) Whoever violates section 3901.09 of the Revised Code shall be fined not less than twenty-five nor more than five hundred dollars. (B) Whoever...

Last modified: October 10, 2016