A TPA shall not enter into any agreement or understanding with an insurer that makes the amount of the TPA’s commissions, fees, or charges contingent upon savings effected in the adjustment, settlement, and payment of losses covered by the insurer’s obligations.  This section does not prohibit a TPA from receiving performance-based compensation for providing hospital or other auditing services and does not prevent the compensation of a TPA from being based on premiums or charges collected or the number of claims paid or processed. (1991, c. 627, s. 1.)