Section 324.2 - DefinitionsThe following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Administrator" means any person who collects charges or premiums from or who adjusts or settles claims for residents of this Commonwealth in connection with life or health coverage or annuities. The term shall specifically include any person who collects charges or premiums from or who adjusts or settles claims for residents of this Commonwealth in connection with life or health coverages or annuities provided by or through an employe benefit plan, including, but not limited to, multiple employer welfare arrangements and self-insured municipalities or other political subdivisions. The term shall not include any of the following:
(1) An employer on behalf of its employes or the employes of one or more subsidiary or affiliated corporations of such employer.(2) A union on behalf of its members.(3) An insurance company which is either licensed in this Commonwealth or acting as an insurer with respect to a policy lawfully issued and delivered by it and pursuant to the laws of a state in which the insurer was authorized to do an insurance business.(4) Professional health services plan corporations organized under 40 Pa.C.S. Ch. 63 (relating to professional health services plan corporations) or hospital plan corporations organized under 40 Pa.C.S. Ch. 61 (relating to hospital plan corporations), subject to any limitations imposed by 40 Pa.C.S. Chs. 61 and 63.(5) A life or health agent or broker licensed in this Commonwealth, whose activities are limited exclusively to the sale of insurance.(6) A creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors.(7) A trust, its trustees and employes acting thereunder established in conformity with section 302 of the Labor Management Relations Act, 1947 (61 Stat. 136, 29 U.S.C. § 186 ).(8) A trust exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 ( Public Law 99-514, 26 U.S.C. § 501(a) ), its trustees, and employes acting thereunder, or a custodian, its agents and employes acting pursuant to a custodian account which meets the requirements of section 401(f) of the Internal Revenue Code of 1986 ( Public Law 99-514, 26 U.S.C. § 401(f).(9) A bank, credit union or other financial institution which is subject to supervision or examination by Federal or State banking authorities.(10) A credit card issuing company which advances for its credit cardholders and collects premiums or charges from its credit cardholders who have authorized it to do so, provided such company does not adjust or settle claims.(11) A person who adjusts or settles claims in the normal course of his practice or employment as an attorney-at-law and who does not collect charges or premiums in connection with life and health insurance coverage or annuities.(12) A person licensed as an insurance agent and who has been appointed by an insurer to act as a managing general agent in this Commonwealth, whose activities are limited exclusively to the scope of activities conveyed under that license. "Benefit plan" means an insured or wholly or partially self-funded coverage plan which, by means of direct payment, reimbursement or other arrangement, provides partial or complete coverage for services, including, but not limited to, medical, surgical, chiropractic, physical therapy, speech pathology, audiology, professional mental health, dental, hospital or vision care or for drugs or other items reasonably related thereto.
"Commissioner" means the Insurance Commissioner of the Commonwealth.
"Department" means the Insurance Department of the Commonwealth.
1921. May 17, P.L. 789, No. 285, § 1002, added 1994, Dec. 12, P.L. 1035, No. 141, § 3, effective in 60 days.