Section 21.14.200. Definitions.

In this chapter,
        (1) "adjusted report" means a risk based capital report that has been adjusted by the director under AS 21.14.010;
        (2) "authorized control level event" means
             (A) a report, an adjusted report that has not been challenged, or an adjusted report for which a challenge has been rejected, that is filed under AS 21.14.010 and that indicates that an insurer's total adjusted capital is greater than or equal to its mandatory control level risk based capital but is less than its authorized control level risk based capital; or
             (B) an insurer fails to respond to a corrective order issued under AS 21.14.030 in a manner satisfactory to the director, if
                  (i) the insurer does not challenge the corrective order as permitted under AS 21.14.080; or
                  (ii) after a hearing under AS 21.06.180 - 21.06.240, a challenge to the corrective order by the insurer under AS 21.14.080 is rejected by the director;
        (3) "authorized control level risk based capital" means the number determined under the risk based capital formula in the risk based capital instructions;
        (4) "company action level event" means a report, an adjusted report that has not been challenged, or an adjusted report for which a challenge has been rejected that is filed under AS 21.14.010 and that indicates that
             (A) an insurer's total adjusted capital is greater than or equal to its regulatory action level risk based capital but is less than its company action level risk based capital;
             (B) if a life and health insurer or a fraternal benefit society, the insurer or the fraternal benefit society has total adjusted capital that is greater than or equal to its company action level risk based capital but is less than the product obtained by multiplying the insurer's authorized control level risk based capital by 3.0 and that has a negative trend; or
             (C) if a property and casualty insurer or health organization, the insurer or organization has total adjusted capital that is greater than or equal to the company action level risk based capital but is less than the product obtained by multiplying its authorized control level risk based capital by 3.0 and that triggers the trend test calculation in the risk based capital instructions applicable to the insurer or health organization;
        (5) "company action level risk based capital" means the product obtained by multiplying an insurer's authorized control level risk based capital by 2.0;
        (6) "corrective order" means an order issued by the director specifying action that the director has determined is required under this chapter;
        (7) "foreign insurer" means a foreign insurer as defined in AS 21.97.900 but excludes an alien insurer;
        (8) "fraternal benefit society" has the meaning given in AS 21.84.900;
        (9) "health organization" means a health maintenance organization, limited health service organization, dental or vision plan, hospital, medical and dental indemnity or service corporation, or other managed care organization holding a certificate of authority under AS 21.86 or AS 21.87, or a company that writes primarily health insurance as defined in AS 21.12.050 and filed with the director the National Association of Insurance Commissioners Health Risk-Based Capital Report;
        (10) "insurer" means a property and casualty insurer, a life and health insurer, a health organization, and a fraternal benefit society;
        (11) "level event" means a company action level event, regulatory action level event, authorized control level action event, or mandatory control level event;
        (12) "life and health insurer"
             (A) means an insurer who transacts life insurance as defined in AS 21.12.040 or health insurance as defined in AS 21.12.050 and who filed with the director the National Association of Insurance Commissioners Life Risk-Based Capital Report;
             (B) does not include a benevolent association under AS 21.72, a fraternal benefit society under AS 21.84, a health maintenance organization under AS 21.86, or a hospital or medical service corporation under AS 21.87;
        (13) "limited health service organization" means a corporation, partnership, or other entity that undertakes to provide or arrange for the provision of one or more limited health services to enrollees;
        (14) "limited health services" means dental care services, vision care services, mental health services, substance abuse services, pharmaceutical services, podiatric care services, and other services as determined by order or regulation of the director; "limited health services" does not include hospital, medical, surgical, or emergency services except as provided incident to the limited health services as defined in this paragraph.
        (15) "mandatory control level event" means a report, an adjusted report that has not been challenged, or an adjusted report for which a challenge has been rejected, that is filed under AS 21.14.010, and that indicates that an insurer's total adjusted capital is less than the insurer's mandatory control level risk based capital;
        (16) "mandatory control level risk based capital" means the product obtained by multiplying an insurer's authorized control level risk based capital by 0.70;
        (17) "negative trend" for a life and health insurer or a fraternal benefit society means a negative trend over a period of time, as determined by the "trend test calculation" in the risk based capital instructions applicable to the life and health insurer or fraternal benefit society;
        (18) "property and casualty insurer" means an insurer who transacts health insurance as defined in AS 21.12.050, property insurance as defined in AS 21.12.060, casualty insurance as defined in AS 21.12.070, surety insurance as defined in AS 21.12.080, marine or wet marine and transportation insurance as defined in AS 21.12.090, or mortgage guaranty insurance as defined in AS 21.12.110 and who filed with the director the National Association of Insurance Commissioners Property and Casualty Risk-Based Capital Report;
        (19) "regulatory action level event" means
             (A) a report, an adjusted report that has not been challenged, or an adjusted report for which a challenge has been rejected, that is filed under AS 21.14.010, and that indicates that an insurer's total adjusted capital is greater than or equal to its authorized control level risk based capital but is less than the insurer's regulatory action level risk based capital;
             (B) an insurer fails to file a report required under AS 21.14.010 by its due date, unless the insurer has provided a written explanation for the failure by the due date that is satisfactory to the director and the insurer has cured the failure not later than 10 days after the report is due;
             (C) an insurer fails to submit a plan to the director within the time period described in AS 21.14.060;
             (D) a notification by the director to an insurer that a plan or revised plan submitted by the insurer is determined by the director to be unsatisfactory, if
                  (i) the insurer does not challenge the determination of the director; or
                  (ii) after a hearing under AS 21.06.180 - 21.06.240, a challenge of the director's determination by the insurer under AS 21.14.080 is rejected by the director; or
             (E) a notification by the director to an insurer that the insurer has failed to adhere to the insurer's plan or revised plan, if the director determines that the failure has a substantially adverse effect on the ability of the insurer to accomplish the objectives of the plan or revised plan, if
                  (i) the insurer does not challenge the determination of the director; or
                  (ii) after a hearing under AS 21.06.180 - 21.06.240, a challenge of the director's determination by the insurer under AS 21.14.080 is rejected by the director;
        (20) "regulatory action level risk based capital" means the product obtained by multiplying an insurer's authorized control level risk based capital by 1.5;
        (21) "report" means the report of an insurer's risk based capital for a calendar year as required under AS 21.14.010;
        (22) "revised plan" means a risk based capital plan revised by an insurer, after the director has found the original risk based capital plan unsatisfactory under AS 21.14.060;
        (23) "risk based capital" means the amount of risk based capital and surplus produced by the application of the risk based capital instructions, or other amount the director determines after examination to be sufficient to support the insurer's asset risk, underwriting risk, and credit risk, including the minimum capital and surplus required under AS 21.09;
        (24) "risk based capital instructions" means risk based capital instructions most recently adopted by the National Association of Insurance Commissioners;
        (25) "total adjusted capital" means the total of
             (A) an insurer's statutory capital and surplus as reported under AS 21.09.200 or 21.09.205; and
             (B) any other item required under the risk based capital instructions.

Notes

Recent Bills that will modify this

HB 164 INSURANCE; RISK MG'T; HOLDING COMPANIES
SB 107 INSURANCE; RISK MG'T; HOLDING COMPANIES

References

3 AAC 21.770
3 AAC 21.775

History

(Sec. 1 ch 76 SLA 1994; am Sec. 10, 11 ch 56 SLA 1996; am Sec. 14 ch 81 SLA 1997; am Sec. 3 ch 72 SLA 2000; am Sec. 29 - 33 ch 23 SLA 2011; am Sec. 12 - 19 ch 34 SLA 2015)