Regulatory Oversight. Each of the Signatory States shall maintain independent regulatory oversight over the Company's compliance with the terms of this Agreement and in furtherance thereof, the Company agrees to the following: a. For a period of thirty-six (36) months following the Effective Date, the Company shall provide to the Lead States quarterly reports on the implementation and execution of the requirements of this Agreement. Each quarterly report shall be delivered to each of the Departments within forty-five (45) days following the end of the calendar quarter. Copies of these reports will also be made available to a Signatory State's designated examiner, upon reasonable request, to allow it to assist the Departments in monitoring compliance with the requirements of this Agreement. b. Thirty-Nine (39) months following the Effective Date the Lead States shall conduct a Multi-State Examination of t he Company's compliance with the requirements of this Agreement. The Lead States shall provide a report summarizing the results of that examination to the Company and Signatory States. The examination shall be performed with the cost of the examination to be borne by the Company in accordance with the Lead States respective laws. c. The reasonable costs and expenses of the Signatory States related to the monitoring of the Company's compliance with the Agreement, including the costs and expenses of conducting any reviews or examinations required by the Agreement, as well as participating in any meetings, presentations or discussions with the Company, shall be borne by the Company. d. The monitoring of the Company for compliance with the terms of this Agreement constitutes an ongoing examination by each of the Signatory States pursuant to each of their respective laws. Consistent with applicable law, each Signatory State shall accord confidential treatment to the work papers, recorded information, documents, copies of work papers, and documents produced by, obtained by or disclosed by the Company. e. This Agreement does not impair, restrict, suspend, or disqualify the Company from engaging in any lawful business in any state, and this Agreement shall not impair or disqualify the Company from engaging in any lawful business in any jurisdiction, based upon, or arising out of, the Multi-State Examination regarding any alleged act or omission of the Company, unless the Company breaches the terms of this Agreement.
Appears in 7 contracts
Samples: Regulatory Settlement Agreement, Regulatory Settlement Agreement, Regulatory Settlement Agreement
Regulatory Oversight. Each of the Signatory The Lead States shall maintain independent regulatory authority and oversight over the Company's ’s compliance with the terms of this Agreement and in furtherance thereofAgreement. With respect to such continuing oversight, the Company agrees to the followingas follows:
a. For a period of thirty-six (36) months following During the Effective DateMonitoring Period, the Company shall provide to the Lead States quarterly reports on DE Director a report detailing the implementation and execution Company’s compliance with and/or to its obligations under Subsection b. of the requirements Section 3 of this Agreement. Each quarterly This report shall be delivered to each is due six (6) months and twelve (12) months from the Final Effective Date. The logistics of the Departments within forty-five (45) days following submission of such data will be resolved between the end Company and the DE Director;
b. During the Monitoring Period, the Managing Lead States shall review and monitor the Company’s developed advertisements and any new TPA agreements relating to Limited Medical Business as submitted by the Company as detailed in Subsection of Section 3. The logistics of the calendar quarter. Copies submission of these reports such data will also be made available resolved between the Company and the DE Director;
c. At the completion of the Monitoring Period, the Managing Lead States will conduct a targeted examination relating to a Signatory State's designated examiner, upon reasonable request, to allow it to assist the Departments Limited Medical Business in monitoring compliance accordance with the requirements NAIC Market Regulation Handbook to determine full, complete and satisfactory completion of all terms of this Agreement.
b. Thirty-Nine (39) months following ; upon completion, the Effective Date the Lead States shall conduct a Multi-State Examination of t he Company's compliance with the requirements of this Agreement. The Managing Lead States shall provide a report summarizing the results of that examination the findings to the Company and Signatory States. The examination shall be performed with Parties;
d. In addition to any payments otherwise provided in this Agreement, the cost costs of the examination to be borne by the Company in accordance with the Lead States respective laws.
c. The reasonable costs and expenses of the Signatory States Settling Jurisdictions related to the monitoring of the Company's compliance with the this Agreement, including without limitation this Section 5, and including without limitation the costs and expenses of conducting any reviews future audits, reviews, or examinations required by permitted herein, the Agreement, as well as costs of participating in any meetings, presentations presentations, or discussions with the Company, the Company’s Related Parties, the Lead States and/or the Settling Jurisdictions and other necessary parties, together with the costs and expenses of any third-party examiners(s) (collectively, the “Examination Monitoring Cost”) shall be borne by the Company.
d. The monitoring full and sole responsibility of the Company for compliance with as costs of the terms of Examination; and
e. The ongoing monitoring during the Monitoring Period as provided by this Agreement (the “Monitoring)” constitutes an ongoing examination by each of the Signatory States Settling Jurisdictions pursuant to each of their respective laws. Consistent with applicable law, each Signatory State shall accord confidential treatment jurisdiction’s Insurance Laws; to the extent permitted by each Settling Jurisdiction’s laws, all audit reports, statistical reports, work papers, recorded information, documents, copies of work papers, documents and documents produced byany other information produced, obtained by or disclosed by in connection with the Company.
e. This Examination and any follow-up examination or Monitoring contemplated under this Agreement, regardless of the manner of production or disclosure, shall be treated as confidential and privileged. Nothing in this Agreement does not impairis intended to, restrictnor shall it, suspendpreclude Settling Jurisdiction(s) from sharing records and other information relating to the Examination, or disqualify the Company from engaging in any lawful business in any state, and this Agreement shall not impair or disqualify the Company from engaging in any lawful business in any jurisdiction, based uponAgreement, or arising out of, disclosing the Multi-State Examination regarding any alleged act results of compliance with the Agreement to other governmental or omission of the Company, unless the Company breaches the terms of this Agreementlaw enforcement entities.
Appears in 2 contracts
Samples: Regulatory Settlement Agreement, Regulatory Settlement Agreement
Regulatory Oversight. Each of the Signatory The Lead States shall maintain independent regulatory authority and oversight over the Company's ’s compliance with the terms of this Agreement and in furtherance thereofAgreement. With respect to such continuing oversight, the Company agrees to the followingas follows:
a. For a period of thirty-six (36) months following During the Effective DateMonitoring Period, the Company shall provide to the Lead States quarterly reports on DE Director a report detailing the implementation and execution of the requirements Company’s compliance with and/or to its obligations under Section 3.b. of this Agreement. Each quarterly This report shall be delivered to each is due six (6) months and twelve (12) months from the Final Effective Date. The logistics of the Departments within forty-five (45) days following submission of such data will be determined between the end DE Director and the Company;
b. During the Monitoring Period, the Managing Lead States shall review and monitor the Company’s developed advertisements and any new TPA agreements relating to Limited Medical Business as submitted by the Company as detailed in Section 3.b. The logistics of the calendar quarter. Copies submission of these reports such data will also be made available determined between the DE Director and the Company;
c. At the completion of the Monitoring Period, the Managing Lead States will conduct a targeted examination relating to a Signatory State's designated examiner, upon reasonable request, to allow it to assist the Departments Limited Medical Business in monitoring compliance accordance with the requirements NAIC Market Regulation Handbook to determine full, complete and satisfactory completion of all terms of this Agreement.
b. Thirty-Nine (39) months following ; upon completion, the Effective Date the Lead States shall conduct a Multi-State Examination of t he Company's compliance with the requirements of this Agreement. The Managing Lead States shall provide a report summarizing the results of that examination the findings to the Company and Signatory States. The examination shall be performed with Parties;
d. In addition to any payments otherwise provided in this Agreement, the cost costs of the examination to be borne by the Company in accordance with the Lead States respective laws.
c. The reasonable costs and expenses of the Signatory States Settling Jurisdictions related to the monitoring of the Company's compliance with the this Agreement, including without limitation this Section 5, and including without limitation the costs and expenses of conducting any reviews future audits, reviews, or examinations required by permitted herein, the Agreement, as well as costs of participating in any meetings, presentations presentations, or discussions with the Company, the Company’s Related Parties, the Lead States and/or the Settling Jurisdictions and other necessary parties, together with the costs and expenses of any third-party examiners(s) (collectively, the “Examination Monitoring Cost”) shall be borne by the Company.
d. The monitoring full and sole responsibility of the Company for compliance with as costs of the terms of Examination; and
e. The ongoing monitoring during the Monitoring Period as provided by this Agreement (the “Monitoring”) constitutes an ongoing examination by each of the Signatory States Settling Jurisdictions pursuant to each of their respective laws. Consistent with applicable law, each Signatory State shall accord confidential treatment jurisdiction’s Insurance Laws; to the extent permitted by each Settling Jurisdiction’s laws, all audit reports, statistical reports, work papers, recorded information, documents, copies of work papers, documents and documents produced byany other information produced, obtained by or disclosed by in connection with the Company.
e. This Examination and any follow-up examination or Monitoring contemplated under this Agreement, regardless of the manner of production or disclosure, shall be treated as confidential and privileged. Nothing in this Agreement does not impairis intended to, restrictnor shall it, suspendpreclude Settling Jurisdiction(s) from sharing records and other information relating to the Examination, or disqualify the Company from engaging in any lawful business in any state, and this Agreement shall not impair or disqualify the Company from engaging in any lawful business in any jurisdiction, based uponAgreement, or arising out of, disclosing the Multi-State Examination regarding any alleged act results of compliance with the Agreement to other governmental or omission of the Company, unless the Company breaches the terms of this Agreementlaw enforcement entities.
Appears in 2 contracts
Samples: Regulatory Settlement Agreement, Regulatory Settlement Agreement
Regulatory Oversight. Each of the Signatory The Lead States shall maintain independent regulatory authority and oversight over the Company's ’s compliance with the terms of this Agreement and in furtherance thereofAgreement. With respect to such continuing oversight, the Company agrees to the followingas follows:
a. For a period of thirty-six (36) months following During the Effective DateMonitoring Period, the Company shall provide to the Lead States quarterly reports on DE Director a report detailing the implementation and execution of the requirements Company’s compliance with and/or to its obligations under Section 3.b. of this Agreement. Each quarterly This report shall be delivered to each is due six (6) months and twelve (12) months from the Final Effective Date. The logistics of the Departments within forty-five (45) days following submission of such data will be determined between the end DE Director and the Company;
b. During the Monitoring Period, the Managing Lead States shall review and monitor the Company’s developed advertisements and any new TPA agreements relating to Limited Medical Business as submitted by the Company as detailed in Section 3.b. The logistics of the calendar quarter. Copies submission of these reports such data will also be made available determined between the DE Director and the Company;
c. At the completion of the Monitoring Period, the Managing Lead States will conduct a targeted examination relating to a Signatory State's designated examiner, upon reasonable request, to allow it to assist the Departments Limited Medical Business in monitoring compliance accordance with the requirements NAIC Market Regulation Handbook to determine full, complete and satisfactory completion of all terms of this Agreement.
b. Thirty-Nine (39) months following ; upon completion, the Effective Date the Lead States shall conduct a Multi-State Examination of t he Company's compliance with the requirements of this Agreement. The Managing Lead States shall provide a report summarizing the results of that examination the findings to the Company and Signatory States. The examination shall be performed with Parties;
d. In addition to any payments otherwise provided in this Agreement, the cost costs of the examination to be borne by the Company in accordance with the Lead States respective laws.
c. The reasonable costs and expenses of the Signatory States Settling Jurisdictions related to the monitoring of the Company's compliance with the this Agreement, including without limitation this Section 5, and including without limitation the costs and expenses of conducting any reviews future audits, reviews, or examinations required by permitted herein, the Agreement, as well as costs of participating in any meetings, presentations presentations, or discussions with the Company, the Company’s Related Parties, the Lead States and/or the Settling Jurisdictions and other necessary parties, together with the costs and expenses of any third-party examiners(s) (collectively, the “Examination Monitoring Cost”) shall be borne by the Company.
d. The monitoring full and sole responsibility of the Company for compliance with as costs of the terms of Examination; and
e. The ongoing monitoring during the Monitoring Period as provided by this Agreement (the “Monitoring)” constitutes an ongoing examination by each of the Signatory States Settling Jurisdictions pursuant to each of their respective laws. Consistent with applicable law, each Signatory State shall accord confidential treatment jurisdiction’s Insurance Laws; to the extent permitted by each Settling Jurisdiction’s laws, all audit reports, statistical reports, work papers, recorded information, documents, copies of work papers, documents and documents produced byany other information produced, obtained by or disclosed by in connection with the Company.
e. This Examination and any follow-up examination or Monitoring contemplated under this Agreement, regardless of the manner of production or disclosure, shall be treated as confidential and privileged. Nothing in this Agreement does not impairis intended to, restrictnor shall it, suspendpreclude Settling Jurisdiction(s) from sharing records and other information relating to the Examination, or disqualify the Company from engaging in any lawful business in any state, and this Agreement shall not impair or disqualify the Company from engaging in any lawful business in any jurisdiction, based uponAgreement, or arising out of, disclosing the Multi-State Examination regarding any alleged act results of compliance with the Agreement to other governmental or omission of the Company, unless the Company breaches the terms of this Agreementlaw enforcement entities.
Appears in 2 contracts
Samples: Regulatory Settlement Agreement, Regulatory Settlement Agreement