415:23 Jurisdiction Over Certain Health Insurers. –
I. Notwithstanding any other provision of law, and except as provided in this section, any person or other entity which provides coverage in this state for medical, surgical, chiropractic, physical therapy, speech pathology, audiology, professional mental health, dental, hospital, or optometric expenses, whether such 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 such services, it is subject to the jurisdiction of another agency of this or another state or of the federal government. The provisions of this section shall not apply to dental service corporations established by 1961, 345 or vision service corporations established by 1969, 614.
II. A person or entity may show that it is subject to the jurisdiction of another agency or department of this or another state or of the federal government by providing to the commissioner the appropriate certificate or license issued by the other governmental agency which permits or qualifies it to provide those services for which it is licensed or certificated.
III. Any person or entity which is unable to show that it is subject to the jurisdiction of another agency of this or another state or of 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 or not such person or entity is in compliance with the applicable provisions of Title XXXVII.
IV. Any person or entity unable to show that it is subject to the jurisdiction of another agency of this or another state or of the federal government shall be subject to all appropriate provisions of Title XXXVII regarding the conduct of its business.
V. The department shall prepare and maintain for public inspection a list of those persons or entities described in paragraph I which it 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 such list or for any comments made with respect to it.
VI. Any production agency or administrator licensed by the department which advertises, sells, transacts, or administers coverage in this state described in paragraph I which is provided by any person or entity described in paragraph III shall, if that 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 in writing, any purchaser, prospective purchaser, and covered person of such lack of insurance or other coverage and shall advise, in writing, the attending lack of guaranty association protection.
VII. Any administrator licensed by the department which advertises or administers coverage in this state, described in paragraph I, which is provided by any person or entity described in paragraph III, shall advise any production agency licensed by the department of the elements of the coverage including the amount of "stop-loss" insurance in effect.
VIII. Nothing in this section shall relieve any person of any liability, civil or criminal, arising from any other statute or rule of this state or of any other governmental unit.