(a)Notwithstanding any other provision of law, and except
as provided in this section, any person or other entity which
provides insurance 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 subject to the
jurisdiction of the state insurance department, unless the
person or other entity shows that while providing the services
it is subject to the exclusive jurisdiction of another agency of
this state or the federal government.
(b)A person or entity may show that it is subject to the
exclusive jurisdiction of another agency of this state or the
federal government, by providing to the ins
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(a) Notwithstanding any other provision of law, and except
as provided in this section, any person or other entity which
provides insurance 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 subject to the
jurisdiction of the state insurance department, unless the
person or other entity shows that while providing the services
it is subject to the exclusive jurisdiction of another agency of
this state or the federal government.
(b) A person or entity may show that it is subject to the
exclusive jurisdiction of another agency of this state or the
federal government, by providing to the insurance commissioner
the appropriate certificate, license or other document issued by
the other governmental agency which permits or qualifies it to
provide those services.
(c) Any person or entity which is unable to show under
subsection (b) of this section that it is subject to the
exclusive jurisdiction of another agency of this state or the
federal government, shall submit to an examination by the
insurance commissioner to determine the organization and
solvency of the person or the entity, and to determine whether
or not the person or entity complies with the applicable
provisions of this code.
(d) Any person or entity unable to show that it is subject
to the exclusive jurisdiction of another agency of this state or
the federal government, shall be subject to all appropriate
provisions of this code regarding the conduct of its business.
If a person or entity is subject to the exclusive jurisdiction
of another agency of this state or the federal government, this
fact shall be disclosed on all policy forms.
(e) Any production agency or administrator which
advertises, sells, transacts or administers the coverage in this
state described in subsection (a) of this section and which is
required to submit to an examination by the insurance
commissioner under subsection (c) of this section, shall, if the
coverage is not fully insured or otherwise fully covered by an
admitted life or disability insurer, nonprofit hospital service
plan, or nonprofit health care plan, advise every purchaser,
prospective purchaser and covered person of such lack of
insurance or other coverage. Any administrator which advertises
or administers the coverage in this state described in
subsection (a) of this section and which is required to submit
to an examination by the insurance commissioner under subsection
(c) of this section, shall advise any production agency of the
elements of the coverage, including the amount of "stop-loss"
insurance in effect.