Ohio Revised Code
Chapter 3901 | Superintendent of Insurance
Section 3901.352 | Group-Wide Supervisor for Internationally Active Insurance Group.

Effective: June 21, 2018
Latest Legislation: Senate Bill 169 - 132nd General Assembly
(A)(1) The superintendent of insurance is authorized to act as the group-wide supervisor for any internationally active insurance group in accordance with this section. However, the superintendent may otherwise acknowledge a regulatory official from another jurisdiction as the group-wide supervisor for an internationally active insurance group, if the group meets any of the following conditions:
(a) Does not have substantial insurance operations in the United States;
(b) Has substantial operations in the United States, but not in this state;
(c) Has substantial insurance operations in the United States and this state, but the superintendent has determined pursuant to the factors set forth in divisions (B) and (F) of this section that the other regulatory official is the appropriate group-wide supervisor.
(2) An insurance holding company system that does not otherwise qualify as an internationally active insurance group may request that the superintendent make a determination or acknowledgment as to a group-wide supervisor for the insurance holding company system pursuant to this section.
(B)(1) In cooperation with other state, federal, and international regulatory agencies, the superintendent shall identify one group-wide supervisor for each internationally active insurance group. The superintendent may determine that the superintendent is the appropriate group-wide supervisor for an internationally active insurance group that conducts substantial insurance operations concentrated in this state. However, the superintendent may acknowledge that a regulatory official from another jurisdiction is the appropriate group-wide supervisor for the internationally active insurance group. The superintendent shall consider the following factors when making a determination or acknowledgment under division (B)(1) of this section:
(a) The place of domicile of the insurers within the internationally active insurance group that hold the largest share of the group's written premiums, assets, or liabilities;
(b) The place of domicile of the top-tiered insurer in the internationally active insurance group's insurance holding company system;
(c) The location of the executive offices or largest operational offices of the internationally active insurance group;
(d) For the purposes of division (C)(1) of this section, whether another regulatory official is acting or is seeking to act as the group-wide supervisor for the internationally active insurance group under a regulatory system that the superintendent determines to be either of the following:
(i) Substantially similar to the regulatory system under the laws of this state;
(ii) Otherwise sufficient in terms of providing for group-wide supervision, enterprise risk analysis, and cooperation with other regulatory officials.
(e) Whether another regulatory official acting, or seeking to act, as the group-wide supervisor for the internationally active insurance group provides the superintendent with reasonably reciprocal recognition and cooperation.
(2) If the superintendent is identified in division (B)(1) of this section as the group-wide supervisor of an internationally active insurance group, the superintendent may determine that it is appropriate to acknowledge another supervisor to serve as the group-wide supervisor. The acknowledgment of the new group-wide supervisor shall be made in accordance with all of the following:
(a) After consideration of the factors listed in division (B)(1) of this section;
(b) In cooperation with and subject to the acknowledgment of other regulatory officials involved with supervision of members of the internationally active insurance group;
(c) In consultation with the internationally active insurance group.
(C)(1) Notwithstanding any other provision of law, when another regulatory official is acting as the group-wide supervisor of an internationally active insurance group, the superintendent shall acknowledge that regulatory official as the group-wide supervisor.
(2) The superintendent shall make a determination or acknowledgment under division (B) of this section as to the appropriate group-wide supervisor for an internationally active insurance group if a material change in the internationally active insurance group results in either of the following:
(a) The internationally active insurance group's insurers domiciled in this state holding the largest share of the group's premiums, assets, or liabilities;
(b) This state being the place of domicile of the top-tiered insurer in the internationally active insurance group's insurance holding company system.
(D)(1) Pursuant to section 3901.35 of the Revised Code, the superintendent may collect from any insurer registered under section 3901.33 of the Revised Code all information necessary to determine whether the superintendent may act as the group-wide supervisor of an internationally active insurance group or if the superintendent may acknowledge another regulatory official to act as the group-wide supervisor.
(2) Prior to issuing a determination that an internationally active insurance group is subject to group-wide supervision by the superintendent, the superintendent shall notify the insurer registered under section 3901.33 of the Revised Code and the ultimate controlling person within the internationally active insurance group. The superintendent shall give the internationally active insurance group not less than thirty days to provide the superintendent with additional information pertinent to the pending determination.
(3) The superintendent shall publish on its internet web site the identity of internationally active insurance groups that the superintendent has determined are subject to group-wide supervision by the superintendent.
(E) If the superintendent is the group-wide supervisor for an internationally active insurance group, the superintendent may engage in any of the following activities:
(1) Assess the enterprise risks within the internationally active insurance group to ensure all of the following:
(a) That the material financial condition and liquidity risks to members of the internationally active insurance group that are engaged in the business of insurance are identified by management;
(b) That reasonable and effective mitigation measures are in place.
(2) Request from any member of an internationally active insurance group subject to the superintendent's supervision information necessary and appropriate to assess enterprise risk, including information about the members of the internationally active insurance group regarding all of the following:
(a) Governance, risk assessment, and management;
(b) Capital adequacy;
(c) Material intercompany transactions.
(3) Coordinate and, through the authority of the regulatory officials of the jurisdictions in which members of the internationally active insurance group are domiciled, compel development and implementation of reasonable measures designed to ensure that the internationally active insurance group is able to timely recognize and mitigate enterprise risks to members of the internationally active insurance group that are engaged in the business of insurance;
(4) Communicate with other state, federal, and international regulatory agencies for members of the internationally active insurance group and share relevant information, subject to the confidentiality provisions of section 3901.36 of the Revised Code, through a supervisory college as set forth in section 3901.351 of the Revised Code or otherwise;
(5) Enter into agreements with or obtain documentation from any insurer registered under section 3901.33 of the Revised Code, any member of the internationally active insurance group, and any other state, federal, and international regulatory agency for members of the internationally active insurance group, that provides the basis for or otherwise clarifies the superintendent's role as group-wide supervisor. The agreements or documentation may include provisions for resolving disputes with other regulatory officials. The agreements or documentation shall not serve as evidence in any proceeding to show that any insurer or person within an insurance holding company system not domiciled or incorporated in this state is doing business in this state or is otherwise subject to jurisdiction in this state.
(6) Any other group-wide supervision activities consistent with this section that the superintendent considers necessary.
(F) If the superintendent acknowledges that another regulatory official from a jurisdiction that is not accredited by the national association of insurance commissioners is the group-wide supervisor of an internationally active insurance group, the superintendent may reasonably cooperate, through a supervisory college as set forth in section 3901.351 of the Revised Code or otherwise, with group-wide supervision undertaken by the group-wide supervisor if all of the following are true:
(1) The superintendent's cooperation is in compliance with the Revised Code.
(2) The regulatory official also recognizes and cooperates with the superintendent's activities as a group-wide supervisor for other internationally active insurance groups, as applicable. If such recognition and cooperation is not reasonably reciprocal, the superintendent may refuse to recognize and cooperate with the regulatory official as group-wide supervisor.
(G) The superintendent may enter into agreements with or obtain documentation from any insurer registered under section 3901.33 of the Revised Code, any affiliate of the insurer, and other state, federal, and international regulatory agencies for members of the internationally active insurance group that provides the basis for or otherwise clarifies a regulatory official's role as group-wide supervisor of an internationally active insurance group.
(H) An insurer registered under section 3901.33 of the Revised Code shall be liable for and shall pay the reasonable expenses of the superintendent's participation in the administration of this section, including engaging attorneys, actuaries, and any other professionals and all reasonable travel expenses.
(I) The superintendent may adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this section.

Structure Ohio Revised Code

Ohio Revised Code

Title 39 | Insurance

Chapter 3901 | Superintendent of Insurance

Section 3901.01 | Department of Insurance.

Section 3901.011 | Superintendent of Insurance - Powers and Duties.

Section 3901.02 | Appointment or Hiring of Employees.

Section 3901.021 | Department of Insurance Operating Fund.

Section 3901.03 | Warden - Duties - Office of Warden.

Section 3901.04 | Superintendent - Specific Powers.

Section 3901.041 | Rule-Making and Adjudicating Powers of Superintendent.

Section 3901.042 | Service and Transaction Fees.

Section 3901.043 | Fees for Services or Transactions Performed by Department of Insurance.

Section 3901.044 | Rules for Implementing Health Insurance Portability and Accountability Act.

Section 3901.045 | Receiving Confidential or Privileged Documents and Information.

Section 3901.046 | Electronic Signatures.

Section 3901.05 | Deputy Superintendent - Duties.

Section 3901.051 | Assistant Superintendent - Duties.

Section 3901.052 | Application for Innovative Waiver.

Section 3901.06 | Instruments Under Seal of the Superintendent.

Section 3901.07 | Examination of Financial Affairs of Insurer.

Section 3901.071 | Superintendent's Examination Fund.

Section 3901.072 | Corporate Governance Annual Disclosure Act.

Section 3901.073 | Corporate Governance Annual Disclosure.

Section 3901.074 | Format of Disclosure.

Section 3901.075 | Documents Deemed Proprietary.

Section 3901.076 | Retention of Third-Party Consultant.

Section 3901.077 | Rules.

Section 3901.078 | Penalty.

Section 3901.08 | Information From Banks.

Section 3901.09 | Duty of Bank Officers.

Section 3901.10 | Deficiency of Company Assets.

Section 3901.11 | Acquisition of Stock of Other Insurers.

Section 3901.12 | Interlocking Directorate.

Section 3901.13 | Hearing by Superintendent.

Section 3901.14 | Record and Report of Superintendent.

Section 3901.15 | Application of Law.

Section 3901.16 | Forfeiture.

Section 3901.17 | Personal Jurisdiction Over Foreign or Alien Insurer.

Section 3901.18 | Requirements for Unauthorized Foreign or Alien Insurer to Enter an Appearance.

Section 3901.19 | Unfair and Deceptive Practices Definitions.

Section 3901.20 | Prohibition Against Unfair or Deceptive Acts.

Section 3901.21 | Unfair and Deceptive Acts or Practices in Business of Insurance Defined.

Section 3901.211 | Lending of Money, Extension of Credit - Prohibited Acts.

Section 3901.212 | Consumer Protection Rules.

Section 3901.213 | Unfair and Deceptive Practices - Exceptions.

Section 3901.214 | Applicability of Prohibition on Inducements.

Section 3901.215 | Intent to Promote Innovation and Maintain Strong Consumer Protection.

Section 3901.22 | Hearings on Violation - Orders - Administrative Remedies.

Section 3901.221 | Cease-and-Desist Orders.

Section 3901.23 | Self-Incrimination.

Section 3901.24 | Unlawful Advertising.

Section 3901.241 | List of Top Twenty per Cent of Services and Expected Contributions.

Section 3901.25 | Action by Superintendent Against Insurer.

Section 3901.26 | Acts by Insurer Which Constitute Appointment of Superintendent as Attorney - Service of Statement.

Section 3901.27 | Adoption of Emergency Bylaws.

Section 3901.28 | Provisions Effective if No Emergency Bylaws.

Section 3901.29 | Succession List.

Section 3901.30 | Emergency Business Location.

Section 3901.31 | Filing Statements Indicating Ownership.

Section 3901.32 | Insurance Holding Company System Definitions.

Section 3901.321 | Mergers and Acquisitions of Domestic Insurers.

Section 3901.322 | Procedure for Violations.

Section 3901.323 | Jurisdiction.

Section 3901.33 | Registration; Enterprise Risk Report; Group Capital Calculation; Liquidity Stress Test.

Section 3901.34 | Transactions to Which Insurer Is a Party; Dividends and Distributions to Shareholders.

Section 3901.341 | Prior Review of Proposed Transactions.

Section 3901.35 | Requiring Production of Records.

Section 3901.351 | Participation in Supervisory College.

Section 3901.352 | Group-Wide Supervisor for Internationally Active Insurance Group.

Section 3901.36 | Confidential and Privileged Treatment of Documents and Information - Exceptions.

Section 3901.37 | Suspension, Revocation or Refusal to Renew License - Civil Forfeiture.

Section 3901.371 | Purpose of Sections 3901.371 to 3901.378.

Section 3901.372 | Definitions.

Section 3901.373 | Risk Management Framework.

Section 3901.374 | Own Risk and Solvency Assessment.

Section 3901.375 | Summary Report.

Section 3901.376 | Exemptions.

Section 3901.377 | Form and Content of Report; Review.

Section 3901.378 | Confidentiality.

Section 3901.38 | Prompt Payments to Health Care Providers Definitions.

Section 3901.381 | Third-Party Payers Processing Claims for Payment for Health Care Services.

Section 3901.382 | Electronic Submission of Claims.

Section 3901.383 | Contractual Agreements for Payments by Third-Party Payers.

Section 3901.384 | Untimely Claim Process.

Section 3901.385 | Third-Party Payer - Prohibited Acts.

Section 3901.386 | Reimbursement Contract - Reimbursements to Be Made Directly to Hospital - Assignment of Benefits.

Section 3901.387 | Duplicative Claims - Claim Information System.

Section 3901.388 | Payments Considered Final - Overpayment.

Section 3901.389 | Computation of Interest.

Section 3901.3810 | Complaints by Provider or Beneficiary - Retaliation by Payer.

Section 3901.3811 | Failure to Comply by Third-Party Payer.

Section 3901.3812 | Administrative Remedies.

Section 3901.3813 | Rules.

Section 3901.3814 | Exceptions to Provisions.

Section 3901.40 | Payment or Reimbursement to Unlicensed or Unaccredited Hospital Prohibited.

Section 3901.41 | Applicability of Uniform Electronics Transactions Act; Automated Transactions.

Section 3901.42 | Annual Filing With National Association of Insurance Commissioners.

Section 3901.44 | Records of Insurance Fraud Investigation.

Section 3901.45 | Effect of Sexual Orientation, Hiv, or AIDS or Related Condition.

Section 3901.46 | Requiring HIV Testing.

Section 3901.47 | Administration of Claims Unpaid Due to Insolvency of Insurer.

Section 3901.48 | Disclosing Work Papers Resulting From Conduct of Audit.

Section 3901.491 | Genetic Screening or Testing.

Section 3901.501 | Genetic Screening or Testing for Self-Insurance Plans.

Section 3901.51 | Uncertified Securities as Deposits Definitions.

Section 3901.52 | Insurance Company May Place Securities in Clearing Corporation or Federal Reserve Book-Entry System.

Section 3901.53 | Placement of Securities Shall Satisfy Deposit Requirements.

Section 3901.54 | Securities May Not Be Used for Other Purposes.

Section 3901.55 | Rules.

Section 3901.56 | Rewards or Incentives for Insurer Wellness or Health Improvement Programs.

Section 3901.61 | Credit for Reinsurance Ceded Definitions.

Section 3901.62 | Credit for Reinsurance Ceded as Asset or Reduction of Liability; Accreditation as Reinsurer.

Section 3901.621 | Suspension or Revocation of Reinsurer's Accreditation or Certification.

Section 3901.63 | Credit for Reinsurance Ceded as Reduction of Liability.

Section 3901.631 | Management of Reinsurance Recoverables by Domestic Ceding Insurer.

Section 3901.64 | Terms of Reinsurance or Security Agreement.

Section 3901.65 | Rules.

Section 3901.67 | Disclosure of Material Transactions Model Act Definitions.

Section 3901.68 | Provisions Application.

Section 3901.69 | Insurer to Report Material Transactions.

Section 3901.70 | Confidentiality of Reports - Exceptions.

Section 3901.71 | Application of Mandated Health Benefits.

Section 3901.72 | Money Advanced to Insurance Company or Health Insuring Corporation.

Section 3901.73 | Department to Forward Copy of Late Filing Notice to Board of Directors.

Section 3901.74 | Notice of Life Insurance Company Discontinuing Business.

Section 3901.75 | Notice of Insurance Companies Other Than Life Discontinuing Business.

Section 3901.76 | Security Valuation Expense Fund.

Section 3901.77 | Forms, Instructions, Manuals - Determination of Accounting Practices and Methods.

Section 3901.78 | Certificate of Compliance.

Section 3901.80 | Discriminating Against Living Organ Donors.

Section 3901.81 | Definitions.

Section 3901.811 | Pharmacy Audits.

Section 3901.812 | Rights of Pharmacy.

Section 3901.813 | Proceedings After Audit.

Section 3901.814 | Appeal Process.

Section 3901.815 | Applicability of Provisions.

Section 3901.82 | Restatement of the Law, Liability Insurance.

Section 3901.83 | Definitions for Sections 3901.83 to 3901.833.

Section 3901.831 | Implementation of Step Therapy Protocol.

Section 3901.832 | Step Therapy Exemption.

Section 3901.833 | Adoption of Rules.

Section 3901.86 | Retaliatory Provisions - Moneys Collected Paid to State Fire Marshal's Fund.

Section 3901.87 | No Coverage for Nontherapeutic Abortion.

Section 3901.88 | Actuarial Study Regarding Costs of Health Care Mandates.

Section 3901.89 | Health Plan Issuers Release Claim Information to Group Plan policyholders..

Section 3901.90 | Education on Mental Health and Addiction Services Insurance Parity.

Section 3901.91 | Adoption or Amendment of Rules Related to Insurance Rating Agencies.

Section 3901.95 | Direct Primary Care Agreement Not to Be Considered Insurance.

Section 3901.99 | Penalty.