GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 803

Short Title:  DoI Jurisdiction Clarification.	(Public)
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Sponsors: Senator Johnson.
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Referred to:  Insurance.
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April 12, 1993

A BILL TO BE ENTITLED
AN ACT TO CLARIFY THE LAWS RELATING TO THE STATE'S JURISDICTION OVER PROVIDERS OF HEALTH CARE BENEFITS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 58-49-1 reads as rewritten:
"§ 58-49-1.  Purposes.
The purposes of this section and G.S. 58-49-5 though G.S. 58-49-25 are: To give the State jurisdiction over providers of health care benefits; to indicate how each provider of health care benefits may show under what jurisdiction it falls; to allow for examinations by the State if the provider of health care benefits is unable to show it is subject to the exclusive jurisdiction of another governmental agency; to make such a provider of health care benefits subject to the laws of the State if it cannot show that it is subject to the exclusive jurisdiction of another governmental agency; and to disclose the purchasers of such health care benefits whether or not the plans are fully insured."
Sec. 2.  G.S. 58-49-5 reads as rewritten:
"§ 58-49-5.  Authority and jurisdiction of Commissioner.
Notwithstanding any other provision of law, and except as provided in this Article, any person that 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 exclusive jurisdiction of the Commissioner, unless the person shows that while providing such services it is subject to the jurisdiction of another agency or subdivision of this State or of the federal government."
Sec. 3.  G.S. 58-49-10 reads as rewritten:
"§ 58-49-10.  How to show jurisdiction.
A person may show that it is subject to the exclusive jurisdiction of another agency or subdivision of this State or the federal government, by providing to the Commissioner the appropriate certificate, license, or other document issued by the other governmental agency that permits or qualifies it to provide those services. If no documentation is issued by that other agency, the person may provide a certification by an official of that agency that states that the person is under the exclusive jurisdiction of that agency."
Sec. 4.  G.S. 58-49-15 reads as rewritten:
"§ 58-49-15.  Examination.
Any person that is unable to show under G.S. 58-49-10 that it is subject to the exclusive jurisdiction of another agency or subdivision of this State or of the federal government, shall submit to an examination by the Commissioner to determine the organization and solvency of the person, and to determine whether or not such person complies with the applicable provisions of this Chapter."
Sec. 5.  G.S. 58-49-20 reads as rewritten:
"§ 58-49-20.  Subject to State laws.
Any person unable to show that it is subject to the exclusive jurisdiction of another agency or subdivision of this State or the federal government, shall be subject to all appropriate provisions of this Chapter regarding the conduct of its business."
Sec. 6.  This act is effective upon ratification.