{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-6527","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-6527","heading":"Marketing of health benefit plan coverage","body":"\n\nA. Each small employer carrier shall actively market health\n\nbenefit plan coverage to all eligible small employers in this state.\n\nB. 1. Except as provided in paragraph 2 of this subsection, no\n\nsmall employer carrier or agent shall, directly or indirectly,\n\nengage in the following activities:\n\na. encouraging or directing small employers to refrain\n\nfrom filing an application for coverage with the small\n\nemployer carrier because of the health status, claims\n\nexperience, industry, group size, occupation or\n\ngeographic location of the small employer, or\n\nb. encouraging or directing small employers to seek\n\ncoverage from another carrier because of the health\n\nstatus, claims experience, industry, group size,\n\noccupation or geographic location of the small\n\nemployer.\n\n2. The provisions of paragraph 1 of this subsection shall not\n\napply with respect to information provided by a small employer\n\ncarrier or agent to a small employer regarding the established\n\ngeographic service area or a restricted network provision of a small\n\nemployer carrier.\n\nC. 1. Except as provided in paragraph 2 of this subsection, no\n\nsmall employer carrier shall, directly or indirectly, enter into any\n\ncontract, agreement or arrangement with an agent that provides for\n\nor results in the compensation paid to an agent for the sale of a\n\nhealth benefit plan to be varied because of the health status,\n\nclaims experience, industry, group size, occupation or geographic\n\nlocation of the small employer.\n\n2. Paragraph 1 of this subsection shall not apply with respect\n\nto a compensation arrangement that provides compensation to an agent\n\non the basis of percentage of premium, provided that the percentage\n\nshall not vary because of the health status, claims experience,\n\nindustry, occupation or geographic area of the small employer.\n\n3. A small employer carrier shall not implement, directly or\n\nindirectly, agent commission schedules that vary the level of agent\n\ncommissions based on the size of the group or otherwise reduce\n\naccess to small employer health benefit plans.\n\n4. Notwithstanding paragraph 3 of this subsection, a small\n\nemployer carrier may:\n\na. vary agent commission amounts or percentages based on\n\ngroup size if the variation in the commission amounts\n\nor percentages are inversely related to the size of\n\nthe group, or\n\nb. vary agent commission amounts or percentages based on\n\nthe cumulative premium paid by a single small employer\n\nover a specific period if the variation in the\n\ncommission amounts or percentages are inversely\n\nrelated to the cumulative premium paid during the\n\nperiod.\n\nD. A small employer carrier shall provide reasonable\n\ncompensation, as provided under the plan of operation of the\n\nprogram, to an agent, if any, for the sale of any health benefit\n\nplan.\n\nE. No small employer carrier may terminate, fail to renew or\n\nlimit its contract or agreement of representation with an agent for\n\nany reason related to the health status, claims experience,\n\noccupation, group size, or geographic location of the small\n\nemployers placed by the agent with the small employer carrier.\n\nF. No small employer carrier or agent may induce or otherwise\n\nencourage a small employer to separate or otherwise exclude an\n\nemployee from health coverage or benefits provided in connection\n\nwith the employee's employment.\n\nG. Denial by a small employer carrier of an application for\n\ncoverage from a small employer shall be in writing and shall state\n\nthe reason or reasons for the denial. The reasons for denial shall\n\nbe limited to minimum participation requirements and minimum\n\ncontribution requirements.\n\nH. The Insurance Commissioner may promulgate rules setting\n\nforth additional standards to provide for the fair marketing and\n\nbroad availability of health benefit plans to small employers in\n\nthis state.\n\nI. 1. A violation of this section by a small employer carrier\nr the denial. The reasons for denial shall\n\nbe limited to minimum participation requirements and minimum\n\ncontribution requirements.\n\nH. The Insurance Commissioner may promulgate rules setting\n\nforth additional standards to provide for the fair marketing and\n\nbroad availability of health benefit plans to small employers in\n\nthis state.\n\nI. 1. A violation of this section by a small employer carrier\n\nor an agent shall be an unfair trade practice under Article 12 of\n\nthis title.\n\n2. If a small employer carrier enters into a contract,\n\nagreement or other arrangement with a third-party administrator to\n\nprovide administrative, marketing or other services related to the\n\noffering of health benefit plans to small employers in this state,\n\nthe third-party administrator shall be subject to this section as if\n\nit were a small employer carrier.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f84133ffa243b9dcc1bfc82b5db7d0cbe30d66b38cd401b5a38040e186df0089","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-6526","next":"us-ok/okla.-stat.-tit.-36-36-6528"},"notice":"GroundRules: Original legal text. Not legal advice."}