Okla. Stat. tit. 36, § 36-7204

A. Except as provided in subsection B of this section, the

access payments required to be paid by health carriers in Section 3

Oklahoma Statutes - Title 36. Insurance Page 1501

of this act shall be due and reported to the Insurance Commissioner

on claims paid and incurred beginning July 1, 2010.

B. The access payments required in Section 3 of this act by a

health carrier that is a third-party administrator or a self-insured

employer shall be reported and paid on the basis of claims incurred

and paid beginning July 1, 2010.

C. Access payments shall be made monthly to the Insurance

Commissioner and are due thirty (30) days after the end of each

month, except that access payments for third-party administrators

for groups of fifty or fewer members may be made annually not less

than sixty (60) days after the close of the plan year.

D. All monies collected by the Insurance Commissioner pursuant

to this act shall be paid into the State Treasury weekly and

transferred monthly to the Health Carrier Access Payment Revolving

Fund created in Section 2 of this act.

E. The Insurance Commissioner may refuse to renew, suspend or

revoke, after notice and hearing, the certificate of authority to

transact insurance in this state of any health carrier failing to

pay an access payment. In addition to failing to renew, suspension

or revocation of the certificate of authority, the Insurance

Commissioner may assess civil penalties in accordance with Section

619 of Title 36 of the Oklahoma Statutes against any health carrier

failing to pay an access payment or may take any other enforcement

action authorized by the Oklahoma Insurance Code to collect any

unpaid access payments.

F. Reasonable attorney fees shall be awarded to the Insurance

Commissioner if judicial action is necessary for the enforcement of

this act. Attorney fees shall be based upon those prevailing in the

community. Attorney fees collected by the Insurance Commissioner

without the assistance of the Attorney General shall be credited to

the State Insurance Commissioner Revolving Fund.

G. The Insurance Commissioner shall promulgate rules and the

procedures necessary for the implementation and administration of

this act.