Section 21.27.630. Registration required.

   (a) A person may not act as or represent to be a third-party administrator in this state or relative to a subject resident, located, or to be performed in this state, unless registered under this chapter or in another jurisdiction under AS 21.27.650. A person may not act as or represent to be a third-party administrator representing an insurer domiciled in this state regarding a risk located outside this state unless registered by this state under the provisions of this chapter.
   (b) A third-party administrator may not transact business for a kind or class of authority for which the person is not registered.
   (c) Except as otherwise provided in this chapter, a third-party administrator shall be registered under AS 21.27.630 - 21.27.660 unless the third-party administrator only investigates and adjusts claims and is licensed under this chapter as an independent adjuster.
   (d) A third-party administrator may not use a fictitious name or alias unless the licensee's legal name and fictitious name or alias are on the registration.
   (e) A person who is an employee of an admitted insurer, who acts within the course and scope of that employment, and within the scope of the insurer's certificate of authority is not required to be registered under this section.
   (f) A person who performs management services for an admitted insurer is not required to be registered as a third-party administrator if the person's compensation is not based on the volume of premium written and the person
        (1) is a wholly-owned subsidiary of the admitted insurer;
        (2) wholly owns the admitted insurer;
        (3) is a wholly-owned subsidiary of the insurance holding company that owns or controls the admitted insurer;
        (4) is a United States manager of the United States branch of an alien admitted insurer; or
        (5) is the manager of a group, association, pool, or organization of admitted insurers that does joint underwriting if it is subject to examination by the authorized insurance regulator in the state in which the person's principal place of business is located.
   (g) A credit union or a financial institution subject to supervision or examination by federal or state banking authorities, or a mortgage lender, that performs no functions other than advancing premiums to the insurer and collecting a debt from the insured is not required to be registered as a third-party administrator.
   (h) A credit card issuing company that performs no functions, including adjustment or settlement of claims, other than advancing and collecting premiums from its credit card holders who have authorized collection is not required to be registered as a third-party administrator.
   (i) A person who only provides services to bona fide employee benefit plans that are established by an employer or an employee organization, or both, for which the insurance laws of this state are preempted under the Employee Retirement Income Security Act of 1974, is not required to be additionally registered as a third-party administrator if the person certifies to the director on or before February 1 of each year its exempt status.
   (j) A third-party administrator
        (1) shall apply for registration under the procedures of AS 21.27.040;
        (2) shall renew its registration under the procedures of AS 21.27.380; and
        (3) is subject to hearings and orders on violations; denial, nonrenewal, suspension, or revocation of registration; penalties; and surrender of registration under the procedures set out in AS 21.27.405 - 21.27.460.
   (k) An insurer that holds a certificate of authority issued by the director and is in good standing under this title is not required to be registered as a third-party administrator in this state.
   (l) A person that is not required to be registered as a third-party administrator under (e) - (k) of this section must file a certification with the director that the person meets the requirements for exemption.
   (m) A person who is an employee of a third-party administrator and who acts within the course and scope of that employment and within the scope of the written contract required under AS 21.27.650(a)(4) is not required to be registered as a third-party administrator under this section. The third-party administrator is responsible for the acts of its employees regulated under this title.

Authorities

21.27.010;21.27.630;21.27.650;21.27.660

Notes

References

AS 21.27.010 License required.
AS 21.27.630 Registration required.
AS 21.27.650 Operating requirements for third-party administrators.
AS 21.27.660 Definitions.

History

(Sec. 94 ch 67 SLA 1992; am Sec. 11 - 13 ch 1 FSSLA 2005; am Sec. 11 ch 30 SLA 2009)