(

a) This

chapter shall apply to health care service plans and specialized health care service plan contracts as defined in subdivisions (

f) and (

o) of

Section 1345. (

b) The director may by the adoption of rules or the issuance of orders deemed necessary and appropriate, either unconditionally or upon specified terms and conditions or for specified periods, exempt from this

chapter any class of persons or plan contracts if the director finds the action to be in the public interest and not detrimental to the protection of subscribers, enrollees, or persons regulated under this chapter, and that the regulation of the persons or plan contracts is not essential to the purposes of this chapter. (

c) The director, upon request of the Director of Health Care Services, shall exempt from this

chapter any county-operated pilot program contracting with the State Department of Health Care Services pursuant to

Article 7 (commencing with

Section 14490) of

Chapter of Part of Division of the Welfare and Institutions Code. The director may exempt noncounty-operated pilot programs upon request of the Director of Health Care Services. Those exemptions may be subject to conditions the Director of Health Care Services deems appropriate. (

d) Upon the request of the Director of Health Care Services, the director may exempt from this

chapter any mental health plan contractor or any capitated rate contract under

Chapter 8.9 (commencing with

Section 14700) of Part of Division of the Welfare and Institutions Code. Those exemptions may be subject to conditions the Director of Health Care Services deems appropriate. (

e) This

chapter shall not apply to:

(1) A person organized and operating pursuant to a certificate issued by the Insurance Commissioner unless the entity is directly providing the health care service through those entity-owned or contracting health facilities and providers, in which case this

chapter shall apply to the insurer’s plan and to the insurer.

(2) A plan directly operated by a bona fide public or private institution of higher learning that directly provides health care services only to its students, faculty, staff, administration, and their respective dependents, except that a plan described in this paragraph shall be subject to

Section 1367.33.

(3) A person who does all of the following: (

A) Promises to provide care for life or for more than one year in return for a transfer of consideration from, or on behalf of, a person years of age or older. (

B) Has obtained a written license pursuant to

Chapter 2 (commencing with

Section 1250) or

Chapter 3.2 (commencing with

Section 1569). (

C) Has obtained a certificate of authority from the State Department of Social Services.

(4) The Major Risk Medical Insurance Board when engaging in activities under

Chapter 8 (commencing with

Section 10700) of Part of Division of the Insurance Code,

Part 6.3 (commencing with

Section 12695) of Division of the Insurance Code, and

Part 6.5 (commencing with

Section 12700) of Division of the Insurance Code.

(5) The California Small Group Reinsurance Fund.