§ 9503. Administration and operation of reinsurance program.

335 words·~2 min read·/pa/title-40/chapter-95/9503

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)General rule.-- The department shall take all actions necessary to administer the approved reinsurance program in a manner consistent with applicable Federal and State law.

(b)Functions.-- The department shall perform all functions necessary and appropriate to carry out the operation of the reinsurance program and to effectuate the purposes for which the reinsurance program is organized, in accordance with the approved waiver. The functions include:

(1)Establishing procedures for and performing administrative and accounting operations of the reinsurance program.

(2)Seeking and receiving funding for the reinsurance program and to maximize Federal funding for the reinsurance program, including from:

(i)The exchange authority.

(ii)Federal funding that is or becomes available to states to support administration and implementation of state-based reinsurance programs.

(iii)Other available sources.

(3)Collecting data submissions and reinsurance payment requests by eligible insurers.

(4)Making reinsurance payments to eligible insurers.

(5)Resolving disputes related to the amount of reinsurance payments.

(6)Suing or being sued, including taking any legal action necessary or proper for the recovery of money for reinsurance payments.

(7)Submitting invoices or other requests for money as may be necessary and appropriate under the innovation waiver.

(c)Delegation.-- Except as prohibited by applicable Federal law and regulation, and as may be necessary or appropriate to carry out department duties, the department may administer the reinsurance program directly or through:

(1)Other Federal agencies, Commonwealth agencies or other states' agencies.

(2)Contracted persons or entities, including with legal, actuarial, economic, third-party administrator or other persons or entities, as the department deems appropriate, to provide consultation services and technical assistance in operating the reinsurance program. Contracted persons or entities shall submit regular reports to the department regarding the person's or entity's performance, the frequency, content and form of which shall be determined by the department.

(d)Coordination with exchange authority.-- The department shall coordinate with the exchange authority as may be necessary to fund and operate the reinsurance program.

40c9504s