740. (a) Notwithstanding any other provision of law, and except as
provided herein, any person or other entity that provides coverage in
this state for medical, surgical, chiropractic, physical therapy,
speech pathology, audiology, professional mental health, dental,
hospital, or optometric expenses, whether the coverage is by direct
payment, reimbursement, or otherwise, shall be presumed to be subject
to the jurisdiction of the department unless the person or other
entity shows that while providing the services it is subject to the
jurisdiction of another agency of this or another state or the
federal government.
(b) A person or entity may show that it is subject to the
jurisdiction of another agency of this or another state or the
federal government by providing to the commissioner the appropriate
certificate or license issued by the other governmental agency that
permits or qualifies it to provide those services for which it is
licensed or certificated.
(c) Any person or entity that is unable to show that it is subject
to the jurisdiction of another agency of this or another state or
the federal government, shall submit to an examination by the
commissioner to determine the organization and solvency of the person
or the entity, and to determine whether the person or entity is in
compliance with the applicable provisions of this code, and shall be
required to obtain a certificate of authority to do business in
California and be required to meet all appropriate reserve, surplus,
capital, and other necessary requirements imposed by this code for
all insurers.
(d) Any person or entity unable to show that it is subject to the
jurisdiction of another agency of this or another state or the
federal government shall be subject to all appropriate provisions of
this code regarding the conduct of its business.
(e) The department shall prepare and maintain for public
inspection a list of those persons or entities described in
subdivision (a) that are not subject to the jurisdiction of another
agency of this or another state or the federal government and that
the department knows to be operating in this state. There shall be no
liability of any kind on the part of the state, the department, and
its employees for the accuracy of the list or for any comments made
with respect to it.
(f) Any administrator licensed by the department who advertises or
administers coverage in this state described in subdivision (a),
that is provided by any person or entity described in subdivision
(c), and where the coverage does not meet all pertinent requirements
specified in this code and that is not provided or completely
underwritten, insured or otherwise fully covered by an admitted life
or disability insurer, hospital service plan or health care service
plan, shall advise and disclose to any purchaser, prospective
purchaser, covered person or entity, and any production agency
licensed by the department involved in the transaction, all financial
and operational information relative to the content and scope of the
plan and, specifically, as to the lack of insurance or other
coverage.
Any production agency obtaining knowledge of any coverage relative
to the content and scope of a hospital service plan or health care
service plan, as required under this subdivision, shall advise and
disclose to any purchaser, prospective purchaser, covered person or
entity, the knowledge regarding the content and scope of the plan
and, specifically, as to the lack of insurance by an admitted carrier
or other qualified plan.
(g) A health care service plan, as defined in Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code, shall not be subject to this section.
(h) The department shall notify, in writing, the Director of the
Department of Managed Health Care whenever it determines that a
multiple employer trust qualifies as a health care service plan
subject to Chapter 2.2 (commencing with Section 1340) of Division 2
of the Health and Safety Code.
(i) Any health care service plan, including a self-insured
reimbursement plan that pays for or reimburses any part of the cost
of health care services, operated by any city, county, city and
county, public entity, or political subdivision, or a public joint
labor management trust as described in subdivision (c) of Section
1349.2 of the Health and Safety Code, that is exempt pursuant to
Section 1349.2 of the Health and Safety Code from the Knox-Keene
Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with
Section 1340) of Division 2 of the Health and Safety Code), is also
exempt from this code.
742. (a) Any person or other entity that provides coverage in this
state for medical, surgical, chiropractic, physical therapy, speech
pathology, audiology, professional mental health, dental, hospital,
or optometric services, whether this coverage is by direct payment,
reimbursement, or otherwise, and that enters into an arrangement or
contract with, or underwrites, a preferred provider organization or
arrangement subject to Section 10133 is subject to the jurisdiction
of the Department of Insurance.
(b) Any person or entity subject to regulation under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code shall not be subject to this section.
742.1. (a) Any person or other entity or arrangement in this state
that is organized for the purpose of offering or providing coverage
in this state, for the benefit of employees of two or more employers,
for medical, surgical, chiropractic, physical therapy, speech
pathology, audiology, professional mental health, dental, hospital,
or optometric services, whether that coverage is by direct payment,
reimbursement, or otherwise, is subject to the jurisdiction of the
department.
(b) Any person or entity subject to regulation under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code shall not be subject to the provisions of this section.
740. (a) Notwithstanding any other provision of law, and except as
provided herein, any person or other entity that provides coverage in
this state for medical, surgical, chiropractic, physical therapy,
speech pathology, audiology, professional mental health, dental,
hospital, or optometric expenses, whether the coverage is by direct
payment, reimbursement, or otherwise, shall be presumed to be subject
to the jurisdiction of the department unless the person or other
entity shows that while providing the services it is subject to the
jurisdiction of another agency of this or another state or the
federal government.
(b) A person or entity may show that it is subject to the
jurisdiction of another agency of this or another state or the
federal government by providing to the commissioner the appropriate
certificate or license issued by the other governmental agency that
permits or qualifies it to provide those services for which it is
licensed or certificated.
(c) Any person or entity that is unable to show that it is subject
to the jurisdiction of another agency of this or another state or
the federal government, shall submit to an examination by the
commissioner to determine the organization and solvency of the person
or the entity, and to determine whether the person or entity is in
compliance with the applicable provisions of this code, and shall be
required to obtain a certificate of authority to do business in
California and be required to meet all appropriate reserve, surplus,
capital, and other necessary requirements imposed by this code for
all insurers.
(d) Any person or entity unable to show that it is subject to the
jurisdiction of another agency of this or another state or the
federal government shall be subject to all appropriate provisions of
this code regarding the conduct of its business.
(e) The department shall prepare and maintain for public
inspection a list of those persons or entities described in
subdivision (a) that are not subject to the jurisdiction of another
agency of this or another state or the federal government and that
the department knows to be operating in this state. There shall be no
liability of any kind on the part of the state, the department, and
its employees for the accuracy of the list or for any comments made
with respect to it.
(f) Any administrator licensed by the department who advertises or
administers coverage in this state described in subdivision (a),
that is provided by any person or entity described in subdivision
(c), and where the coverage does not meet all pertinent requirements
specified in this code and that is not provided or completely
underwritten, insured or otherwise fully covered by an admitted life
or disability insurer, hospital service plan or health care service
plan, shall advise and disclose to any purchaser, prospective
purchaser, covered person or entity, and any production agency
licensed by the department involved in the transaction, all financial
and operational information relative to the content and scope of the
plan and, specifically, as to the lack of insurance or other
coverage.
Any production agency obtaining knowledge of any coverage relative
to the content and scope of a hospital service plan or health care
service plan, as required under this subdivision, shall advise and
disclose to any purchaser, prospective purchaser, covered person or
entity, the knowledge regarding the content and scope of the plan
and, specifically, as to the lack of insurance by an admitted carrier
or other qualified plan.
(g) A health care service plan, as defined in Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code, shall not be subject to this section.
(h) The department shall notify, in writing, the Director of the
Department of Managed Health Care whenever it determines that a
multiple employer trust qualifies as a health care service plan
subject to Chapter 2.2 (commencing with Section 1340) of Division 2
of the Health and Safety Code.
(i) Any health care service plan, including a self-insured
reimbursement plan that pays for or reimburses any part of the cost
of health care services, operated by any city, county, city and
county, public entity, or political subdivision, or a public joint
labor management trust as described in subdivision (c) of Section
1349.2 of the Health and Safety Code, that is exempt pursuant to
Section 1349.2 of the Health and Safety Code from the Knox-Keene
Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with
Section 1340) of Division 2 of the Health and Safety Code), is also
exempt from this code.
742. (a) Any person or other entity that provides coverage in this
state for medical, surgical, chiropractic, physical therapy, speech
pathology, audiology, professional mental health, dental, hospital,
or optometric services, whether this coverage is by direct payment,
reimbursement, or otherwise, and that enters into an arrangement or
contract with, or underwrites, a preferred provider organization or
arrangement subject to Section 10133 is subject to the jurisdiction
of the Department of Insurance.
(b) Any person or entity subject to regulation under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code shall not be subject to this section.
742.1. (a) Any person or other entity or arrangement in this state
that is organized for the purpose of offering or providing coverage
in this state, for the benefit of employees of two or more employers,
for medical, surgical, chiropractic, physical therapy, speech
pathology, audiology, professional mental health, dental, hospital,
or optometric services, whether that coverage is by direct payment,
reimbursement, or otherwise, is subject to the jurisdiction of the
department.
(b) Any person or entity subject to regulation under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code shall not be subject to the provisions of this section.
740. (a) Notwithstanding any other provision of law, and except as
provided herein, any person or other entity that provides coverage in
this state for medical, surgical, chiropractic, physical therapy,
speech pathology, audiology, professional mental health, dental,
hospital, or optometric expenses, whether the coverage is by direct
payment, reimbursement, or otherwise, shall be presumed to be subject
to the jurisdiction of the department unless the person or other
entity shows that while providing the services it is subject to the
jurisdiction of another agency of this or another state or the
federal government.
(b) A person or entity may show that it is subject to the
jurisdiction of another agency of this or another state or the
federal government by providing to the commissioner the appropriate
certificate or license issued by the other governmental agency that
permits or qualifies it to provide those services for which it is
licensed or certificated.
(c) Any person or entity that is unable to show that it is subject
to the jurisdiction of another agency of this or another state or
the federal government, shall submit to an examination by the
commissioner to determine the organization and solvency of the person
or the entity, and to determine whether the person or entity is in
compliance with the applicable provisions of this code, and shall be
required to obtain a certificate of authority to do business in
California and be required to meet all appropriate reserve, surplus,
capital, and other necessary requirements imposed by this code for
all insurers.
(d) Any person or entity unable to show that it is subject to the
jurisdiction of another agency of this or another state or the
federal government shall be subject to all appropriate provisions of
this code regarding the conduct of its business.
(e) The department shall prepare and maintain for public
inspection a list of those persons or entities described in
subdivision (a) that are not subject to the jurisdiction of another
agency of this or another state or the federal government and that
the department knows to be operating in this state. There shall be no
liability of any kind on the part of the state, the department, and
its employees for the accuracy of the list or for any comments made
with respect to it.
(f) Any administrator licensed by the department who advertises or
administers coverage in this state described in subdivision (a),
that is provided by any person or entity described in subdivision
(c), and where the coverage does not meet all pertinent requirements
specified in this code and that is not provided or completely
underwritten, insured or otherwise fully covered by an admitted life
or disability insurer, hospital service plan or health care service
plan, shall advise and disclose to any purchaser, prospective
purchaser, covered person or entity, and any production agency
licensed by the department involved in the transaction, all financial
and operational information relative to the content and scope of the
plan and, specifically, as to the lack of insurance or other
coverage.
Any production agency obtaining knowledge of any coverage relative
to the content and scope of a hospital service plan or health care
service plan, as required under this subdivision, shall advise and
disclose to any purchaser, prospective purchaser, covered person or
entity, the knowledge regarding the content and scope of the plan
and, specifically, as to the lack of insurance by an admitted carrier
or other qualified plan.
(g) A health care service plan, as defined in Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code, shall not be subject to this section.
(h) The department shall notify, in writing, the Director of the
Department of Managed Health Care whenever it determines that a
multiple employer trust qualifies as a health care service plan
subject to Chapter 2.2 (commencing with Section 1340) of Division 2
of the Health and Safety Code.
(i) Any health care service plan, including a self-insured
reimbursement plan that pays for or reimburses any part of the cost
of health care services, operated by any city, county, city and
county, public entity, or political subdivision, or a public joint
labor management trust as described in subdivision (c) of Section
1349.2 of the Health and Safety Code, that is exempt pursuant to
Section 1349.2 of the Health and Safety Code from the Knox-Keene
Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with
Section 1340) of Division 2 of the Health and Safety Code), is also
exempt from this code.
742. (a) Any person or other entity that provides coverage in this
state for medical, surgical, chiropractic, physical therapy, speech
pathology, audiology, professional mental health, dental, hospital,
or optometric services, whether this coverage is by direct payment,
reimbursement, or otherwise, and that enters into an arrangement or
contract with, or underwrites, a preferred provider organization or
arrangement subject to Section 10133 is subject to the jurisdiction
of the Department of Insurance.
(b) Any person or entity subject to regulation under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code shall not be subject to this section.
742.1. (a) Any person or other entity or arrangement in this state
that is organized for the purpose of offering or providing coverage
in this state, for the benefit of employees of two or more employers,
for medical, surgical, chiropractic, physical therapy, speech
pathology, audiology, professional mental health, dental, hospital,
or optometric services, whether that coverage is by direct payment,
reimbursement, or otherwise, is subject to the jurisdiction of the
department.
(b) Any person or entity subject to regulation under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code shall not be subject to the provisions of this section.
