Third Party Administrator; Certificate Required; Requirements; Instances in Which Tpa Subject to Act; Name.

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Sec. 10.

(1) A person shall not operate as a third party administrator without obtaining and maintaining a certificate of authority pursuant to this act.

(2) A third party administrator shall continue to meet the requirements of this act at all times.

(3) A third party administrator is subject to this act in the following instances:

(a) The TPA is domiciled in this state.

(b) The TPA has its principal administrative office or principal headquarters located in this state.

(c) The TPA solicits a plan or sponsor of a plan or provides administrative services to a plan or sponsor of a plan, which plan or sponsor is either domiciled in this state or has its principal headquarters or principal administrative office in this state. This subdivision shall not apply to a TPA who has been licensed or certified as a TPA in that TPA's state of domicile pursuant to a statute or regulation similar to this act.

(d) The TPA provides substantial administrative services to a carrier for the carrier's business in this state.

(4) Each TPA shall transact its business under its own name. A TPA shall not be permitted to do business in this state under a name which is the same as or which closely resembles the name of a TPA which is authorized to do business under the laws of this state.

History: 1984, Act 218, Eff. Jan. 1, 1985


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