Tenn. Code Ann. § 56-1-908 — TN Code / Title 56 / Chapter 1 / Section 56-1-908
Reserve valuation method - Annuity and pure endowment benefits
Status: in_force

(a) This section shall apply to all annuity and pure endowment contracts other than group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation, established or maintained by an employer, including a partnership or sole proprietorship, or by an employee organization, or by both, other than a plan providing individual retirement accounts or individual retirement annuities under § 408 of the Internal Revenue Code ( 26 U.S.C. § 408 ), as amended. (b) Reserves according to the commissioners annuity reserve method for benefits under annuity or pure endowment contracts, excluding any disability and accidental death benefits in the contracts, shall be the greatest of the respective excesses of the present values, at the date of valuation, of the future guaranteed benefits, including guaranteed nonforfeiture benefits, provided for by the contracts at the end of each respective contract year, over the present value, at the date of valuation, of any future valuation considerations derived from future gross considerations, required by the terms of the contract, that become payable prior to the end of the respective contract year. The future guaranteed benefits shall be determined by using the mortality table, if any, and the interest rate, or rates, specified in the contracts for determining guaranteed benefits. The valuation considerations are the portions of the respective gross considerations applied under the terms of the contracts to determine nonforfeiture values. Added by 2013 Tenn. Acts, ch. 260, s 3, eff. 7/1/2013.
(a) This section shall apply to all annuity and pure endowment contracts other than group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation, established or maintained by an employer, including a partnership or sole proprietorship, or by an employee organization, or by both, other than a plan providing individual retirement accounts or individual retirement annuities under § 408 of the Internal Revenue Code ( 26 U.S.C. § 408 ), as amended.
(b) Reserves according to the commissioners annuity reserve method for benefits under annuity or pure endowment contracts, excluding any disability and accidental death benefits in the contracts, shall be the greatest of the respective excesses of the present values, at the date of valuation, of the future guaranteed benefits, including guaranteed nonforfeiture benefits, provided for by the contracts at the end of each respective contract year, over the present value, at the date of valuation, of any future valuation considerations derived from future gross considerations, required by the terms of the contract, that become payable prior to the end of the respective contract year. The future guaranteed benefits shall be determined by using the mortality table, if any, and the interest rate, or rates, specified in the contracts for determining guaranteed benefits. The valuation considerations are the portions of the respective gross considerations applied under the terms of the contracts to determine nonforfeiture values.
Added by 2013 Tenn. Acts, ch. 260, s 3, eff. 7/1/2013.
Tenn. Code Ann. § 56-25-201 — TN Code / Title 56 / Chapter 25 / Section 56-25-201
Membership
Status: in_force

(a) A society shall specify in its laws or rules: (1) Eligibility standards for each and every class of membership; provided, that if benefits are on the lives of children, the minimum age for adult membership shall be set at not less than fifteen (15) years of age and not greater than twenty-one (21) years of age; (2) The process for admission to membership for each membership class; and (3) The rights and privileges of each membership class; provided, that only benefit members shall have the right to vote on the management of the insurance affairs of the society. (b) A society may also admit social members, who shall have no voice or vote in the management of the insurance affairs of the society. (c) Membership rights in the society are personal to the member and are not assignable. Acts 1990, ch. 703, § 1.
(a) A society shall specify in its laws or rules: (1) Eligibility standards for each and every class of membership; provided, that if benefits are on the lives of children, the minimum age for adult membership shall be set at not less than fifteen (15) years of age and not greater than twenty-one (21) years of age; (2) The process for admission to membership for each membership class; and (3) The rights and privileges of each membership class; provided, that only benefit members shall have the right to vote on the management of the insurance affairs of the society.
(1) Eligibility standards for each and every class of membership; provided, that if benefits are on the lives of children, the minimum age for adult membership shall be set at not less than fifteen (15) years of age and not greater than twenty-one (21) years of age;
(2) The process for admission to membership for each membership class; and
(3) The rights and privileges of each membership class; provided, that only benefit members shall have the right to vote on the management of the insurance affairs of the society.
(b) A society may also admit social members, who shall have no voice or vote in the management of the insurance affairs of the society.
(c) Membership rights in the society are personal to the member and are not assignable.
Acts 1990, ch. 703, § 1.
Tenn. Code Ann. § 56-7-3115 — TN Code / Title 56 / Chapter 7 / Section 56-7-3115
Prohibited charges
Status: in_force

A covered entity or pharmacy benefits manager shall not charge a pharmacist or a pharmacy a fee related to a claim unless it is apparent at the time of claim processing and is reported on the remittance advice of an adjudicated claim. This section does not prohibit a covered entity or pharmacy benefits manager from entering into an agreement with a pharmacy or pharmacist which includes prospective performance-based incentives and increases payment to pharmacies or pharmacists. Added by 2019 Tenn. Acts, ch. 470,s 4, eff. 7/1/2019.
A covered entity or pharmacy benefits manager shall not charge a pharmacist or a pharmacy a fee related to a claim unless it is apparent at the time of claim processing and is reported on the remittance advice of an adjudicated claim. This section does not prohibit a covered entity or pharmacy benefits manager from entering into an agreement with a pharmacy or pharmacist which includes prospective performance-based incentives and increases payment to pharmacies or pharmacists.
Added by 2019 Tenn. Acts, ch. 470,s 4, eff. 7/1/2019.
Tenn. Code Ann. § 56-27-131 — TN Code / Title 56 / Chapter 27 / Section 56-27-131
Construction of chapter
Status: in_force

This chapter is not to be construed as prohibiting any insurance company properly qualified in this state to write accident, health or disability insurance from making available any plan of medical service that may be approved by the commissioner under existing statutes or within the authority granted in this chapter, in the same manner and in the same means as granted to benevolent associations. Acts 1945, ch. 113, § 25; mod. C. Supp. 1950, § 4186.41 (Williams, § 4186.42); T.C.A. (orig. ed.), § 56-2931.
This chapter is not to be construed as prohibiting any insurance company properly qualified in this state to write accident, health or disability insurance from making available any plan of medical service that may be approved by the commissioner under existing statutes or within the authority granted in this chapter, in the same manner and in the same means as granted to benevolent associations.
Acts 1945, ch. 113, § 25; mod. C. Supp. 1950, § 4186.41 (Williams, § 4186.42); T.C.A. (orig. ed.), § 56-2931.
Tenn. Code Ann. § 56-59-108 — TN Code / Title 56 / Chapter 59 / Section 56-59-108
Powers and duties of commissioner - Violations and penalties
Status: in_force

The commissioner may take action that is necessary or appropriate to enforce this chapter and to protect GAP waiver holders in this state. After proper notice and opportunity for hearing the commissioner may: (1) Order the creditor, administrator or any other person not in compliance with this section to cease and desist from further GAP waiver related operations that are in violation of this chapter; (2) Impose a penalty of not more than five hundred dollars ($500) per violation and no more than ten thousand dollars ($10,000) in the aggregate for all violations of similar nature. For purposes of this section, violations must be of a similar nature if the violation consists of the same or similar course of conduct, action or practice, regardless of the number of times the action, conduct or practice that is determined to be a violation of this chapter occurred; and (3) Order any person found to have violated this chapter to cease and desist from selling, soliciting, or negotiating a GAP waiver in this state. Acts 2008, ch. 1055, § 9.
The commissioner may take action that is necessary or appropriate to enforce this chapter and to protect GAP waiver holders in this state. After proper notice and opportunity for hearing the commissioner may:
(1) Order the creditor, administrator or any other person not in compliance with this section to cease and desist from further GAP waiver related operations that are in violation of this chapter;
(2) Impose a penalty of not more than five hundred dollars ($500) per violation and no more than ten thousand dollars ($10,000) in the aggregate for all violations of similar nature. For purposes of this section, violations must be of a similar nature if the violation consists of the same or similar course of conduct, action or practice, regardless of the number of times the action, conduct or practice that is determined to be a violation of this chapter occurred; and
(3) Order any person found to have violated this chapter to cease and desist from selling, soliciting, or negotiating a GAP waiver in this state.
Acts 2008, ch. 1055, § 9.
Tenn. Code Ann. § 56-7-2364 — TN Code / Title 56 / Chapter 7 / Section 56-7-2364
Medication counseling
Status: in_force

(a) Notwithstanding any other law to the contrary, any insurer providing individual, franchise, blanket or group policy of insurance issued pursuant to this title, medical service plan, contract, hospital service corporation contract, hospital and medical service corporation contract, fraternal benefit society, health maintenance organization, preferred provider organization or managed care organization, that provides hospital expense and surgical or medical expense insurance or that is entered into, delivered, issued for delivery or renewed in this state after January 1, 2004, may offer to provide reimbursement coverage for medication counseling the insured receives from a pharmacist pursuant to this section. (b) (1) An insured who is prescribed and uses six (6) or more types of medication may be entitled to receive two (2) medication counseling sessions during the first year the patient begins the sessions, with a doctor of pharmacy licensed in accordance with title 63, chapter 10, part 4, who has received additional clinical training in the areas of medication management and counseling. The goal of the counseling shall be to reduce the number of unnecessary medications for patients, and to reduce the incidence of negative interactions among various medications a patient may be taking. The first medication counseling session shall consist of the following: (A) An examination of the patient's medical history; (B) An evaluation of the number and types of medications the patient uses, including over-the-counter medications; (C) A determination of the types of interactions among the medications; (D) A recommended medication therapy and thorough analysis of the benefit of the medication therapy; (E) An evaluation of the cost savings gained as a result of any changes made to the prescribed course of medication; and (F) A summary of expected outcomes and proposed follow-up examination dates. (2) A report and recommendation from the first counseling session shall be forwarded to the prescribing physician or physicians for review. The physician may implement the recommendations or may disapprove the recommendations. (3) The second medication counseling session shall be a follow-up session during which the patient's response to the medication therapy will be monitored. (c) Both the first and second counseling sessions during the first year may be reimbursable through the patient's insurance coverage. The patient or the pharmacist may request an additional counseling session upon providing verification to the insurer that the patient has developed a change in the patient's medical condition. Acts 2003, ch. 407, § 1.
(a) Notwithstanding any other law to the contrary, any insurer providing individual, franchise, blanket or group policy of insurance issued pursuant to this title, medical service plan, contract, hospital service corporation contract, hospital and medical service corporation contract, fraternal benefit society, health maintenance organization, preferred provider organization or managed care organization, that provides hospital expense and surgical or medical expense insurance or that is entered into, delivered, issued for delivery or renewed in this state after January 1, 2004, may offer to provide reimbursement coverage for medication counseling the insured receives from a pharmacist pursuant to this section.
(b) (1) An insured who is prescribed and uses six (6) or more types of medication may be entitled to receive two (2) medication counseling sessions during the first year the patient begins the sessions, with a doctor of pharmacy licensed in accordance with title 63, chapter 10, part 4, who has received additional clinical training in the areas of medication management and counseling. The goal of the counseling shall be to reduce the number of unnecessary medications for patients, and to reduce the incidence of negative interactions among various medications a patient may be taking. The first medication counseling session shall consist of the following: (A) An examination of the patient's medical history; (B) An evaluation of the number and types of medications the patient uses, including over-the-counter medications; (C) A determination of the types of interactions among the medications; (D) A recommended medication therapy and thorough analysis of the benefit of the medication therapy; (E) An evaluation of the cost savings gained as a result of any changes made to the prescribed course of medication; and (F) A summary of expected outcomes and proposed follow-up examination dates. (2) A report and recommendation from the first counseling session shall be forwarded to the prescribing physician or physicians for review. The physician may implement the recommendations or may disapprove the recommendations. (3) The second medication counseling session shall be a follow-up session during which the patient's response to the medication therapy will be monitored.
(1) An insured who is prescribed and uses six (6) or more types of medication may be entitled to receive two (2) medication counseling sessions during the first year the patient begins the sessions, with a doctor of pharmacy licensed in accordance with title 63, chapter 10, part 4, who has received additional clinical training in the areas of medication management and counseling. The goal of the counseling shall be to reduce the number of unnecessary medications for patients, and to reduce the incidence of negative interactions among various medications a patient may be taking. The first medication counseling session shall consist of the following: (A) An examination of the patient's medical history; (B) An evaluation of the number and types of medications the patient uses, including over-the-counter medications; (C) A determination of the types of interactions among the medications; (D) A recommended medication therapy and thorough analysis of the benefit of the medication therapy; (E) An evaluation of the cost savings gained as a result of any changes made to the prescribed course of medication; and (F) A summary of expected outcomes and proposed follow-up examination dates.
(A) An examination of the patient's medical history;
(B) An evaluation of the number and types of medications the patient uses, including over-the-counter medications;
(C) A determination of the types of interactions among the medications;
(D) A recommended medication therapy and thorough analysis of the benefit of the medication therapy;
(E) An evaluation of the cost savings gained as a result of any changes made to the prescribed course of medication; and
(F) A summary of expected outcomes and proposed follow-up examination dates.
(2) A report and recommendation from the first counseling session shall be forwarded to the prescribing physician or physicians for review. The physician may implement the recommendations or may disapprove the recommendations.
(3) The second medication counseling session shall be a follow-up session during which the patient's response to the medication therapy will be monitored.
(c) Both the first and second counseling sessions during the first year may be reimbursable through the patient's insurance coverage. The patient or the pharmacist may request an additional counseling session upon providing verification to the insurer that the patient has developed a change in the patient's medical condition.
Acts 2003, ch. 407, § 1.
Tenn. Code Ann. § 56-4-305 — TN Code / Title 56 / Chapter 4 / Section 56-4-305
"Gross profits or income" defined
Status: in_force

(a) "Gross profits or income," as used in this part, means gross income from all sources, except as provided in subsection (b), including income on tax exempt securities, loans, dividends and interest on stocks, bonds or other investments, plus net rentals on real estate, less the net amount of tax paid by the investment company on its tangible assets wherever located; provided, that there shall not be included in gross profits or income any principal of loans, any premiums, service fees, or receipts from members, certificate holders or contract holders, other than interest on contract loans; and provided, further, that there shall not be included in gross profits or income interest earned but uncollected that is not more than ninety (90) days past due, and interest that is more than ninety (90) days past due shall likewise not be included in gross profits or income, unless the interest more than ninety (90) days past due has been capitalized. (b) Nothing in this part shall be construed so as to include among the gross profits or income, exempt-interest dividends from a regulated investment company qualified under the Internal Revenue Code, subchapter M, chapter 1, subtitle A ( 26 U.S.C. §§ 851 - 858 ); provided, that not less than seventy-five percent (75%) of the value of the investments of the regulated investment company shall be in bonds of the state, or any county or municipality or political subdivision thereof, including any agency, board, authority or commission of any of the above. Acts 1939, ch. 187, §§ 1, 3; 1943, ch. 127, § 1; C. Supp. 1950, §§ 1248.33, 1248.35 (Williams, §§ 1248.160, 1248.162); Acts 1977, ch. 347, § 2; T.C.A. (orig. ed.), §§ 67-4401, 67-4404, 67-4-1205.
(a) "Gross profits or income," as used in this part, means gross income from all sources, except as provided in subsection (b), including income on tax exempt securities, loans, dividends and interest on stocks, bonds or other investments, plus net rentals on real estate, less the net amount of tax paid by the investment company on its tangible assets wherever located; provided, that there shall not be included in gross profits or income any principal of loans, any premiums, service fees, or receipts from members, certificate holders or contract holders, other than interest on contract loans; and provided, further, that there shall not be included in gross profits or income interest earned but uncollected that is not more than ninety (90) days past due, and interest that is more than ninety (90) days past due shall likewise not be included in gross profits or income, unless the interest more than ninety (90) days past due has been capitalized.
(b) Nothing in this part shall be construed so as to include among the gross profits or income, exempt-interest dividends from a regulated investment company qualified under the Internal Revenue Code, subchapter M, chapter 1, subtitle A ( 26 U.S.C. §§ 851 - 858 ); provided, that not less than seventy-five percent (75%) of the value of the investments of the regulated investment company shall be in bonds of the state, or any county or municipality or political subdivision thereof, including any agency, board, authority or commission of any of the above.
Acts 1939, ch. 187, §§ 1, 3; 1943, ch. 127, § 1; C. Supp. 1950, §§ 1248.33, 1248.35 (Williams, §§ 1248.160, 1248.162); Acts 1977, ch. 347, § 2; T.C.A. (orig. ed.), §§ 67-4401, 67-4404, 67-4-1205.
Tenn. Code Ann. § 56-17-101 — TN Code / Title 56 / Chapter 17 / Section 56-17-101
Chapter definitions
Status: in_force

As used in this chapter: (1) "Commissioner" means the commissioner of commerce and insurance; (2) "Department" means the department of commerce and insurance; (3) "Discount plan": (A) Means a card, or other purchasing mechanism or device, that is not insurance and purports to offer discounts or access to discounts to a member for dental services, vision services, or retail purchases of prescription drugs from licensed pharmacies; and (B) Does not include: (i) A discount card or drug benefit plan provided by a self-insured employer's group health benefits plan; (ii) A discount plan offered by an insurer licensed under this title in conjunction with health insurance; (iii) A dental service plan regulated by the Dental Service Plan Law, 1961, compiled in chapter 30 of this title; or (iv) A vision service plan regulated by the Vision Service Plan Law, compiled in chapter 31 of this title; (4) "Marketer" means a person or entity that offers, sells, markets, advertises, or otherwise distributes a discount plan, including a private label entity that places its name on, and markets or distributes, a discount plan pursuant to a marketing agreement with a discount plan operator; (5) "Member" means an individual who pays fees, dues, charges, or other consideration for the right to enroll to receive the purported benefits of a discount plan; (6) "Operator": (A) Means a person that engages as principal in the business of offering, selling, marketing, advertising, or otherwise distributing a discount plan within this state; and (B) Does not include discount cards offered by a nonprofit association to its members as an incidental benefit to membership in the association as long as that membership in the association entitles members to apply for insurance or other health benefits that are available only to members of the association; (7) "Person" means an individual, corporation, partnership, association, joint venture, joint stock company, trust, unincorporated organization, limited liability company, similar entity, or combination of these entities; and (8) "Prescription drug" has the same meaning as defined in § 63-10-204 . Added by 2021 Tenn. Acts, ch. 372, s 1, eff. 7/1/2021.
As used in this chapter:
(1) "Commissioner" means the commissioner of commerce and insurance;
(2) "Department" means the department of commerce and insurance;
(3) "Discount plan": (A) Means a card, or other purchasing mechanism or device, that is not insurance and purports to offer discounts or access to discounts to a member for dental services, vision services, or retail purchases of prescription drugs from licensed pharmacies; and (B) Does not include: (i) A discount card or drug benefit plan provided by a self-insured employer's group health benefits plan; (ii) A discount plan offered by an insurer licensed under this title in conjunction with health insurance; (iii) A dental service plan regulated by the Dental Service Plan Law, 1961, compiled in chapter 30 of this title; or (iv) A vision service plan regulated by the Vision Service Plan Law, compiled in chapter 31 of this title;
(A) Means a card, or other purchasing mechanism or device, that is not insurance and purports to offer discounts or access to discounts to a member for dental services, vision services, or retail purchases of prescription drugs from licensed pharmacies; and
(B) Does not include: (i) A discount card or drug benefit plan provided by a self-insured employer's group health benefits plan; (ii) A discount plan offered by an insurer licensed under this title in conjunction with health insurance; (iii) A dental service plan regulated by the Dental Service Plan Law, 1961, compiled in chapter 30 of this title; or (iv) A vision service plan regulated by the Vision Service Plan Law, compiled in chapter 31 of this title;
(i) A discount card or drug benefit plan provided by a self-insured employer's group health benefits plan;
(ii) A discount plan offered by an insurer licensed under this title in conjunction with health insurance;
(iii) A dental service plan regulated by the Dental Service Plan Law, 1961, compiled in chapter 30 of this title; or
(iv) A vision service plan regulated by the Vision Service Plan Law, compiled in chapter 31 of this title;
(4) "Marketer" means a person or entity that offers, sells, markets, advertises, or otherwise distributes a discount plan, including a private label entity that places its name on, and markets or distributes, a discount plan pursuant to a marketing agreement with a discount plan operator;
(5) "Member" means an individual who pays fees, dues, charges, or other consideration for the right to enroll to receive the purported benefits of a discount plan;
(6) "Operator": (A) Means a person that engages as principal in the business of offering, selling, marketing, advertising, or otherwise distributing a discount plan within this state; and (B) Does not include discount cards offered by a nonprofit association to its members as an incidental benefit to membership in the association as long as that membership in the association entitles members to apply for insurance or other health benefits that are available only to members of the association;
(A) Means a person that engages as principal in the business of offering, selling, marketing, advertising, or otherwise distributing a discount plan within this state; and
(B) Does not include discount cards offered by a nonprofit association to its members as an incidental benefit to membership in the association as long as that membership in the association entitles members to apply for insurance or other health benefits that are available only to members of the association;
(7) "Person" means an individual, corporation, partnership, association, joint venture, joint stock company, trust, unincorporated organization, limited liability company, similar entity, or combination of these entities; and
(8) "Prescription drug" has the same meaning as defined in § 63-10-204 .
Added by 2021 Tenn. Acts, ch. 372, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 56-6-304 — TN Code / Title 56 / Chapter 6 / Section 56-6-304
Prepayment by buyer before maturity - Refund credit
Status: in_force

The buyer of insurance may prepay in full at any time before maturity the unpaid balance due, and in so paying the unpaid balance, shall receive a refund credit as provided under § 47-11-103(h) . Acts 1965, ch. 356, § 4; T.C.A., § 56-717.
The buyer of insurance may prepay in full at any time before maturity the unpaid balance due, and in so paying the unpaid balance, shall receive a refund credit as provided under § 47-11-103(h) .
Acts 1965, ch. 356, § 4; T.C.A., § 56-717.
Tenn. Code Ann. § 56-49-110 — TN Code / Title 56 / Chapter 49 / Section 56-49-110
Payment in event of loss
Status: in_force

(a) In the event of a loss under the creditor-placed insurance policy, the insurer shall pay, at a minimum, the least of the following, the value of which shall be determined as of the date of loss: (1) The cost to repair the collateral less any applicable deductible; (2) The actual cash value of the collateral less any applicable deductible; (3) The net debt, less any applicable deductible. The method of calculation of net debt payable pursuant to this subdivision (a)(3) shall be identical to the method of calculation of net debt for payment of premiums pursuant to § 56-49-105(a) ; or (4) If single interest insurance is provided, the amount by which the creditor's interest is impaired. (b) The net debt or actual cash value amounts in subsection (a) may be reduced by the value of salvage if the insurer does not take possession of the insured property. (c) In the event of a loss, no subrogation shall run against the debtor from the insurer. (d) Whenever a claim is made on a creditor-placed insurance policy, the insurer shall furnish to the claimant a written statement of the loss explaining the settlement amount and the method of settlement. (e) A creditor or insurer may not abandon salvage to a towing or storage facility in lieu of payment of storage fees without the consent of the facility and the claimant. The insurer shall be responsible for the payment of towing and storage charges for a covered loss occurrence from the time the claim is reported to the insurer in accordance with the terms of the policy to the time the claim is paid. The insurer shall give written notice to the claimant when the claim is paid that the claimant may incur storage charges after the date the claim is paid. Acts 1999, ch. 144, § 10.
(a) In the event of a loss under the creditor-placed insurance policy, the insurer shall pay, at a minimum, the least of the following, the value of which shall be determined as of the date of loss: (1) The cost to repair the collateral less any applicable deductible; (2) The actual cash value of the collateral less any applicable deductible; (3) The net debt, less any applicable deductible. The method of calculation of net debt payable pursuant to this subdivision (a)(3) shall be identical to the method of calculation of net debt for payment of premiums pursuant to § 56-49-105(a) ; or (4) If single interest insurance is provided, the amount by which the creditor's interest is impaired.
(1) The cost to repair the collateral less any applicable deductible;
(2) The actual cash value of the collateral less any applicable deductible;
(3) The net debt, less any applicable deductible. The method of calculation of net debt payable pursuant to this subdivision (a)(3) shall be identical to the method of calculation of net debt for payment of premiums pursuant to § 56-49-105(a) ; or
(4) If single interest insurance is provided, the amount by which the creditor's interest is impaired.
(b) The net debt or actual cash value amounts in subsection (a) may be reduced by the value of salvage if the insurer does not take possession of the insured property.
(c) In the event of a loss, no subrogation shall run against the debtor from the insurer.
(d) Whenever a claim is made on a creditor-placed insurance policy, the insurer shall furnish to the claimant a written statement of the loss explaining the settlement amount and the method of settlement.
(e) A creditor or insurer may not abandon salvage to a towing or storage facility in lieu of payment of storage fees without the consent of the facility and the claimant. The insurer shall be responsible for the payment of towing and storage charges for a covered loss occurrence from the time the claim is reported to the insurer in accordance with the terms of the policy to the time the claim is paid. The insurer shall give written notice to the claimant when the claim is paid that the claimant may incur storage charges after the date the claim is paid.
Acts 1999, ch. 144, § 10.
Tenn. Code Ann. § 56-36-108 — TN Code / Title 56 / Chapter 36 / Section 56-36-108
Maturity date
Status: in_force

For the purpose of determining the benefits calculated under §§ 56-36-106 and 56-36-107 , in the case of annuity contracts under which an election may be made to have annuity payments commenced at optional maturity dates, the maturity date shall be deemed to be the latest date for which election shall be permitted by the contract, but shall not be deemed to be later than the anniversary of the contract next following the annuitant's seventieth birthday or the tenth anniversary of the contract, whichever is later. Acts 1978, ch. 590, § 8; T.C.A., § 56-4608.
For the purpose of determining the benefits calculated under §§ 56-36-106 and 56-36-107 , in the case of annuity contracts under which an election may be made to have annuity payments commenced at optional maturity dates, the maturity date shall be deemed to be the latest date for which election shall be permitted by the contract, but shall not be deemed to be later than the anniversary of the contract next following the annuitant's seventieth birthday or the tenth anniversary of the contract, whichever is later.
Acts 1978, ch. 590, § 8; T.C.A., § 56-4608.
Tenn. Code Ann. § 56-52-105 — TN Code / Title 56 / Chapter 52 / Section 56-52-105
Investment of account assets
Status: in_force

The segregated assets held in the charitable gift annuity separate account shall be invested in accordance with the prudent investor standard as set forth in the Tennessee Uniform Prudent Investor Act of 2002, compiled in title 35, chapter 14. Acts 2008, ch. 831, §§ 1, 6.
The segregated assets held in the charitable gift annuity separate account shall be invested in accordance with the prudent investor standard as set forth in the Tennessee Uniform Prudent Investor Act of 2002, compiled in title 35, chapter 14.
Acts 2008, ch. 831, §§ 1, 6.
Tenn. Code Ann. § 56-26-304 — TN Code / Title 56 / Chapter 26 / Section 56-26-304
Immunity from civil liability
Status: in_force

Any person furnishing charge data pursuant to the requirements of this part shall be immune from any civil liability or damages claimed by any person by reason of actions in compliance with this part. Acts 1980, ch. 876, § 4.
Any person furnishing charge data pursuant to the requirements of this part shall be immune from any civil liability or damages claimed by any person by reason of actions in compliance with this part.
Acts 1980, ch. 876, § 4.
Tenn. Code Ann. § 56-7-605 — TN Code / Title 56 / Chapter 7 / Section 56-7-605
Order for comparable healthcare service upon request
Status: in_force

At the request of a patient, a healthcare provider licensed under title 63 or 68 shall provide a copy of an order for a comparable healthcare service within two (2) business days of the request. Acts 2019, ch. 407, § 1.
At the request of a patient, a healthcare provider licensed under title 63 or 68 shall provide a copy of an order for a comparable healthcare service within two (2) business days of the request.
Acts 2019, ch. 407, § 1.
Tenn. Code Ann. § 56-4-103 — TN Code / Title 56 / Chapter 4 / Section 56-4-103
Fraternal insurance companies to pay per diem fee and expense of annual valuation of policies
Status: in_force

Any fraternal insurance societies or companies not subject to valuation fees as provided in § 56-4-101 shall pay a per diem fee and the expense of the actuary on each annual valuation in the same manner that insurance companies are required to pay fees and expenses to the examiner assigned by the commissioner, and the per diem fees and expenses shall not exceed the maximum compensation provided for the actuaries in § 56-1-207 . Acts 1943, ch. 97, § 4; C. Supp. 1950, § 6459.43 (Williams, § 6459.46); impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-403.
Any fraternal insurance societies or companies not subject to valuation fees as provided in § 56-4-101 shall pay a per diem fee and the expense of the actuary on each annual valuation in the same manner that insurance companies are required to pay fees and expenses to the examiner assigned by the commissioner, and the per diem fees and expenses shall not exceed the maximum compensation provided for the actuaries in § 56-1-207 .
Acts 1943, ch. 97, § 4; C. Supp. 1950, § 6459.43 (Williams, § 6459.46); impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-403.
Tenn. Code Ann. § 56-7-2705 — TN Code / Title 56 / Chapter 7 / Section 56-7-2705
Applicability
Status: in_force

This part does not apply to the underwriting, denial of claims or issuance of a disability income policy, long-term care policy, accident only policy, hospital indemnity or fixed indemnity policy, dental policy or vision policy or any other actions of an insurer directly related to a disability income policy, long-term care policy, accident only policy, hospital indemnity or fixed indemnity policy, dental policy or vision policy. Amended by 2023 Tenn. Acts, ch. 246, s 6, eff. 7/1/2023. Acts 1997 , ch. 121, § 2.
This part does not apply to the underwriting, denial of claims or issuance of a disability income policy, long-term care policy, accident only policy, hospital indemnity or fixed indemnity policy, dental policy or vision policy or any other actions of an insurer directly related to a disability income policy, long-term care policy, accident only policy, hospital indemnity or fixed indemnity policy, dental policy or vision policy.
Amended by 2023 Tenn. Acts, ch. 246, s 6, eff. 7/1/2023.
Acts 1997 , ch. 121, § 2.
Tenn. Code Ann. § 56-19-117 — TN Code / Title 56 / Chapter 19 / Section 56-19-117
Advancements
Status: in_force

(a) Any director, officer or member of any such company, or any other person, may advance to the company any sum or sums of money necessary for the purpose of its business or to enable it to comply with any of the requirements of the law, and the money and the interest thereon as may have been agreed upon, not exceeding the legal rate of interest, shall be payable only out of the surplus remaining after providing for all reserves and other liabilities and shall not otherwise be a liability or claim against the company or any of its assets. (b) No commission or promotion expenses shall be paid in connection with the advance of any such money to the company and the amount of the advance shall be reported in each annual statement. Acts 1919, ch. 108, § 14; Shan. Supp., § 3369a58b20; Code 1932, § 6332; T.C.A. (orig. ed.), § 56-1717.
(a) Any director, officer or member of any such company, or any other person, may advance to the company any sum or sums of money necessary for the purpose of its business or to enable it to comply with any of the requirements of the law, and the money and the interest thereon as may have been agreed upon, not exceeding the legal rate of interest, shall be payable only out of the surplus remaining after providing for all reserves and other liabilities and shall not otherwise be a liability or claim against the company or any of its assets.
(b) No commission or promotion expenses shall be paid in connection with the advance of any such money to the company and the amount of the advance shall be reported in each annual statement.
Acts 1919, ch. 108, § 14; Shan. Supp., § 3369a58b20; Code 1932, § 6332; T.C.A. (orig. ed.), § 56-1717.
Tenn. Code Ann. § 56-7-2004 — TN Code / Title 56 / Chapter 7 / Section 56-7-2004
Maintenance of minimum essential health coverage
Status: in_force

Coverage made available under the plan shall constitute minimum essential health coverage for purposes of compliance with 26 U.S.C. § 5000A . Acts 2012, ch. 1089, § 1.
Coverage made available under the plan shall constitute minimum essential health coverage for purposes of compliance with 26 U.S.C. § 5000A .
Acts 2012, ch. 1089, § 1.
Tenn. Code Ann. § 56-6-1407 — TN Code / Title 56 / Chapter 6 / Section 56-6-1407
Actions by commissioner for violation of part
Status: in_force

(a) The commissioner may take any action or combination of actions authorized pursuant to § 56-2-305 or § 56-6-112 against any limited lines travel insurance producer, travel insurance supervising entity, or travel retailer licensed or approved pursuant to this part. (b) If the commissioner determines that a travel retailer or a travel retailer's employee has violated this part or any other provision of this title, the commissioner may: (1) Direct the travel insurance supervising entity to implement a corrective action plan with the travel retailer; or (2) Direct the travel insurance supervising entity to revoke the authorization of the travel retailer to transact travel insurance on its behalf and under its license and to remove the travel retailer's name from its register. (c) If the commissioner determines that a travel retailer or a travel retailer's employee has violated this part or any other provision of this title, the commissioner, after notice and hearing, may take any actions authorized pursuant to § 56-2-305 or § 56-6-112 . Added by 2015 Tenn. Acts, ch. 460,s 3, eff. 1/1/2016.
(a) The commissioner may take any action or combination of actions authorized pursuant to § 56-2-305 or § 56-6-112 against any limited lines travel insurance producer, travel insurance supervising entity, or travel retailer licensed or approved pursuant to this part.
(b) If the commissioner determines that a travel retailer or a travel retailer's employee has violated this part or any other provision of this title, the commissioner may: (1) Direct the travel insurance supervising entity to implement a corrective action plan with the travel retailer; or (2) Direct the travel insurance supervising entity to revoke the authorization of the travel retailer to transact travel insurance on its behalf and under its license and to remove the travel retailer's name from its register.
(1) Direct the travel insurance supervising entity to implement a corrective action plan with the travel retailer; or
(2) Direct the travel insurance supervising entity to revoke the authorization of the travel retailer to transact travel insurance on its behalf and under its license and to remove the travel retailer's name from its register.
(c) If the commissioner determines that a travel retailer or a travel retailer's employee has violated this part or any other provision of this title, the commissioner, after notice and hearing, may take any actions authorized pursuant to § 56-2-305 or § 56-6-112 .
Added by 2015 Tenn. Acts, ch. 460,s 3, eff. 1/1/2016.
Tenn. Code Ann. § 56-9-309 — TN Code / Title 56 / Chapter 9 / Section 56-9-309
Liquidation of insurer - Dissolution of corporate existence
Status: in_force

The commissioner may petition for an order dissolving the corporate existence of a domestic insurer or the United States branch of an alien insurer domiciled in this state at the time the commissioner applies for a liquidation order. The court shall order dissolution of the corporation upon petition by the commissioner upon or after the granting of a liquidation order. If the dissolution has not previously been ordered, it shall be effected by operation of law upon the discharge of the liquidator if the insurer is insolvent but may be ordered by the court upon the discharge of the liquidator if the insurer is under a liquidation order for some other reason. Acts 1991, ch. 142, § 4.
The commissioner may petition for an order dissolving the corporate existence of a domestic insurer or the United States branch of an alien insurer domiciled in this state at the time the commissioner applies for a liquidation order. The court shall order dissolution of the corporation upon petition by the commissioner upon or after the granting of a liquidation order. If the dissolution has not previously been ordered, it shall be effected by operation of law upon the discharge of the liquidator if the insurer is insolvent but may be ordered by the court upon the discharge of the liquidator if the insurer is under a liquidation order for some other reason.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-18-103 — TN Code / Title 56 / Chapter 18 / Section 56-18-103
Board of directors - Powers - Qualifications
Status: in_force

The corporate powers of a mutual life insurance corporation shall be exercised by, and its business and affairs shall be under the control and government of, a board of directors composed of not less than fifteen (15) nor more than twenty-one (21) natural persons who are policyholders and who are at least eighteen (18) years of age, and at least seven (7) of whom are residents and citizens of this state. Acts 1949, ch. 91, § 8; C. Supp. 1950, § 6433.20 (Williams, § 6433.24); impl. am. Acts 1971, ch. 162, § 3; T.C.A. (orig. ed.), § 56-1604.
The corporate powers of a mutual life insurance corporation shall be exercised by, and its business and affairs shall be under the control and government of, a board of directors composed of not less than fifteen (15) nor more than twenty-one (21) natural persons who are policyholders and who are at least eighteen (18) years of age, and at least seven (7) of whom are residents and citizens of this state.
Acts 1949, ch. 91, § 8; C. Supp. 1950, § 6433.20 (Williams, § 6433.24); impl. am. Acts 1971, ch. 162, § 3; T.C.A. (orig. ed.), § 56-1604.
Tenn. Code Ann. § 56-7-129 — TN Code / Title 56 / Chapter 7 / Section 56-7-129
Subrogation of claims for damage caused by explosives
Status: in_force

Any company holding a certificate of authority pursuant to § 56-2-105 to provide property insurance as defined in § 56-2-201 , may subrogate a claim for damage caused by a blasting operation as defined in § 68-105-102 , to the person as defined in § 68-105-102 causing the blast. Acts 2006, ch. 735, § 1.
Any company holding a certificate of authority pursuant to § 56-2-105 to provide property insurance as defined in § 56-2-201 , may subrogate a claim for damage caused by a blasting operation as defined in § 68-105-102 , to the person as defined in § 68-105-102 causing the blast.
Acts 2006, ch. 735, § 1.
Tenn. Code Ann. § 56-7-1601 — TN Code / Title 56 / Chapter 7 / Section 56-7-1601
Short title
Status: in_force

This part shall be known and may be cited as the "Easy to Read Life and Health Insurance Policy Act." Acts 1981, ch. 415, § 2.
This part shall be known and may be cited as the "Easy to Read Life and Health Insurance Policy Act."
Acts 1981, ch. 415, § 2.
Tenn. Code Ann. § 56-20-108 — TN Code / Title 56 / Chapter 20 / Section 56-20-108
Actions to recover assessments - Penalty and interest
Status: in_force

An action may be brought by the corporation against any member to recover all assessments that the member may neglect or refuse to pay, made upon the member under this chapter, or by the bylaws of the corporation. If the corporation is compelled to bring any such action in order to collect any such assessment, it may recover the amount so assessed, with fifty percent (50%) to be added to the amount, in addition to lawful interest, as a penalty for the neglect and refusal to pay within the time required. Acts 1895, ch. 220, § 8; Shan., § 3361; Code 1932, § 6243; T.C.A. (orig. ed.), § 56-1908.
An action may be brought by the corporation against any member to recover all assessments that the member may neglect or refuse to pay, made upon the member under this chapter, or by the bylaws of the corporation. If the corporation is compelled to bring any such action in order to collect any such assessment, it may recover the amount so assessed, with fifty percent (50%) to be added to the amount, in addition to lawful interest, as a penalty for the neglect and refusal to pay within the time required.
Acts 1895, ch. 220, § 8; Shan., § 3361; Code 1932, § 6243; T.C.A. (orig. ed.), § 56-1908.
Tenn. Code Ann. § 56-19-116 — TN Code / Title 56 / Chapter 19 / Section 56-19-116
Assets not equal to unearned premium reserve and other liabilities - Assessment of members - Increase
Status: in_force

A mutual company not possessed of assets at least equal to the unearned premium reserve and other liabilities shall make an assessment upon its members liable to assessment to provide for the deficiency, the assessment to be against each such member in proportion to the liability as expressed in the member's policy; provided, that the commissioner may, by written order, relieve the company from an assessment or other proceeding to restore the assets during the time fixed in that order; and provided further, that any domestic company that is deficient in providing the unearned premium reserve required hereby may, notwithstanding the deficiency, come under this chapter on the condition that it shall each year thereafter reduce the deficiency at least fifteen percent (15%) of the original amount, and in this case it may increase its assessments accordingly. Acts 1919, ch. 108, § 13; Shan. Supp., § 3369a58b19; Code 1932, § 6331; T.C.A. (orig. ed.), § 56-1716.
A mutual company not possessed of assets at least equal to the unearned premium reserve and other liabilities shall make an assessment upon its members liable to assessment to provide for the deficiency, the assessment to be against each such member in proportion to the liability as expressed in the member's policy; provided, that the commissioner may, by written order, relieve the company from an assessment or other proceeding to restore the assets during the time fixed in that order; and provided further, that any domestic company that is deficient in providing the unearned premium reserve required hereby may, notwithstanding the deficiency, come under this chapter on the condition that it shall each year thereafter reduce the deficiency at least fifteen percent (15%) of the original amount, and in this case it may increase its assessments accordingly.
Acts 1919, ch. 108, § 13; Shan. Supp., § 3369a58b19; Code 1932, § 6331; T.C.A. (orig. ed.), § 56-1716.
Tenn. Code Ann. § 56-18-109 — TN Code / Title 56 / Chapter 18 / Section 56-18-109
Plan of mutualization
Status: in_force

The plan of mutualization, if properly approved as provided in § 56-18-108 , may contain any provision or provisions not in conflict with this chapter or the constitution or other statutory laws of the state. Acts 1949, ch. 91, § 15; C. Supp. 1950, § 6433.27 (Williams, § 6433.31); T.C.A. (orig. ed.), § 56-1610.
The plan of mutualization, if properly approved as provided in § 56-18-108 , may contain any provision or provisions not in conflict with this chapter or the constitution or other statutory laws of the state.
Acts 1949, ch. 91, § 15; C. Supp. 1950, § 6433.27 (Williams, § 6433.31); T.C.A. (orig. ed.), § 56-1610.
Tenn. Code Ann. § 56-28-107 — TN Code / Title 56 / Chapter 28 / Section 56-28-107
Working capital
Status: in_force

The amount provided as working capital shall only be provided by individuals or groups who have no financial interest in the activities of the hospital service corporations, or by the member hospitals. Interest charged for the capital, if any, shall not exceed six percent (6%), and payment of interest, if any, and repayment of the working capital shall be permitted only after provision has been adequately made for the operating expenses, payments to member hospitals, and the establishment of legal reserves and the other reserves as may be required by the commissioner. The amount of money actually available for working capital shall be sufficient to carry all acquisition costs and operating expense for a period of at least three (3) months from the date of the issuance of the certificate. Acts 1945, ch. 98, § 7; C. Supp. 1950, § 4186.7; T.C.A. (orig. ed.), § 56-3007.
The amount provided as working capital shall only be provided by individuals or groups who have no financial interest in the activities of the hospital service corporations, or by the member hospitals. Interest charged for the capital, if any, shall not exceed six percent (6%), and payment of interest, if any, and repayment of the working capital shall be permitted only after provision has been adequately made for the operating expenses, payments to member hospitals, and the establishment of legal reserves and the other reserves as may be required by the commissioner. The amount of money actually available for working capital shall be sufficient to carry all acquisition costs and operating expense for a period of at least three (3) months from the date of the issuance of the certificate.
Acts 1945, ch. 98, § 7; C. Supp. 1950, § 4186.7; T.C.A. (orig. ed.), § 56-3007.
Tenn. Code Ann. § 56-9-337 — TN Code / Title 56 / Chapter 9 / Section 56-9-337
Books of receivership - Audit
Status: in_force

The chancery court of Davidson County may, as it deems desirable, cause audits to be made of the books of the commissioner relating to any receivership established under this chapter, and a report of each audit shall be filed with the commissioner and with the court. The books, records and other documents of the receivership shall be made available to the auditor at any time without notice. The expense of each audit shall be considered a cost of administration of the receivership. Acts 1991, ch. 142, § 4.
The chancery court of Davidson County may, as it deems desirable, cause audits to be made of the books of the commissioner relating to any receivership established under this chapter, and a report of each audit shall be filed with the commissioner and with the court. The books, records and other documents of the receivership shall be made available to the auditor at any time without notice. The expense of each audit shall be considered a cost of administration of the receivership.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-44-103 — TN Code / Title 56 / Chapter 44 / Section 56-44-103
National Association of Insurance Commissioners (NAIC)
Status: in_force

In the absence of actual malice, members of the NAIC, their duly authorized committees, subcommittees and task forces, their delegates, NAIC employees and all others charged with the responsibility of collecting, reviewing, analyzing and disseminating the information developed from the filing of the annual statement convention blanks shall be acting as agents of the commissioner under the authority of this chapter, and shall not be subject to civil liability for libel, slander or any other cause of action by virtue of their collection, review, and analysis or dissemination of the data and information collected from the filings required under this chapter. Acts 1991, ch. 142, § 5.
In the absence of actual malice, members of the NAIC, their duly authorized committees, subcommittees and task forces, their delegates, NAIC employees and all others charged with the responsibility of collecting, reviewing, analyzing and disseminating the information developed from the filing of the annual statement convention blanks shall be acting as agents of the commissioner under the authority of this chapter, and shall not be subject to civil liability for libel, slander or any other cause of action by virtue of their collection, review, and analysis or dissemination of the data and information collected from the filings required under this chapter.
Acts 1991, ch. 142, § 5.
Tenn. Code Ann. § 56-11-204 — TN Code / Title 56 / Chapter 11 / Section 56-11-204
When ORSA to be conducted
Status: in_force

Subject to § 56-11-206 , an insurer or health maintenance organization, or the insurance group of which the insurer or health maintenance organization is a member, shall regularly conduct an ORSA consistent with a process comparable to the ORSA Guidance Manual. The ORSA shall be conducted no less than annually but also at any time when there are significant changes to the risk profile of the insurer or health maintenance organization or the insurance group of which the insurer or health maintenance organization is a member. Acts 2014, ch. 583, § 26.
Subject to § 56-11-206 , an insurer or health maintenance organization, or the insurance group of which the insurer or health maintenance organization is a member, shall regularly conduct an ORSA consistent with a process comparable to the ORSA Guidance Manual. The ORSA shall be conducted no less than annually but also at any time when there are significant changes to the risk profile of the insurer or health maintenance organization or the insurance group of which the insurer or health maintenance organization is a member.
Acts 2014, ch. 583, § 26.
Tenn. Code Ann. § 56-51-118 — TN Code / Title 56 / Chapter 51 / Section 56-51-118
Charter - Bylaw provisions
Status: in_force

No prepaid limited health services contract may contain any provision purporting to make any portion of the articles of incorporation, charter, bylaws, or other organizational document of the prepaid limited health service organization a part of the contract unless the provision is set forth in full in the contract. Any contract provision in violation of this section is invalid unless the provision operates to the benefit of the subscriber. Acts 2000, ch. 948, § 18.
No prepaid limited health services contract may contain any provision purporting to make any portion of the articles of incorporation, charter, bylaws, or other organizational document of the prepaid limited health service organization a part of the contract unless the provision is set forth in full in the contract. Any contract provision in violation of this section is invalid unless the provision operates to the benefit of the subscriber.
Acts 2000, ch. 948, § 18.
Tenn. Code Ann. § 56-22-119 — TN Code / Title 56 / Chapter 22 / Section 56-22-119
Fraud
Status: in_force

A director, an officer, a member, an insurance producer, or an employee of a county mutual insurance company who knowingly or intentionally, directly or indirectly, uses or employs, or allows another person to use or employ, money, funds, securities, or assets of the county mutual insurance company for private profit or gain commits a fraudulent insurance act under § 56-53-102 , subjecting the person to the criminal penalties found in § 56-53-104 . Acts 2006, ch. 689, §§ 3, 22.
A director, an officer, a member, an insurance producer, or an employee of a county mutual insurance company who knowingly or intentionally, directly or indirectly, uses or employs, or allows another person to use or employ, money, funds, securities, or assets of the county mutual insurance company for private profit or gain commits a fraudulent insurance act under § 56-53-102 , subjecting the person to the criminal penalties found in § 56-53-104 .
Acts 2006, ch. 689, §§ 3, 22.
Tenn. Code Ann. § 56-35-120 — TN Code / Title 56 / Chapter 35 / Section 56-35-120
Attorney-client relationship
Status: in_force

Nothing in this chapter shall be construed to affect in any manner the relationship of attorney and client, or the fees paid for services performed by a licensed attorney at law. Acts 1955, ch. 173, § 13; T.C.A., § 56-3420; Acts 1980, ch. 857, § 6.
Nothing in this chapter shall be construed to affect in any manner the relationship of attorney and client, or the fees paid for services performed by a licensed attorney at law.
Acts 1955, ch. 173, § 13; T.C.A., § 56-3420; Acts 1980, ch. 857, § 6.
Tenn. Code Ann. § 56-49-109 — TN Code / Title 56 / Chapter 49 / Section 56-49-109
Refund of unearned premiums and charges
Status: in_force

(a) Within sixty (60) calendar days after the termination of creditor-placed insurance coverage, and in accordance with the formulas approved by the commissioner, an insurer shall refund any unearned premium or other identifiable charges. (b) Within sixty (60) calendar days after the termination date of creditor-placed insurance coverage, the insurer shall provide to the debtor a statement of refund disclosing the effective date, the termination date, the amount of premium being refunded and the amount of premium charged for the coverage provided. No statement shall be required in the event that the policy terminates pursuant to § 56-49-104(b)(4) . (c) The entire amount of premiums, minimum premiums, fees or charges of any kind shall be refunded if no coverage was provided. Acts 1999, ch. 144, § 9.
(a) Within sixty (60) calendar days after the termination of creditor-placed insurance coverage, and in accordance with the formulas approved by the commissioner, an insurer shall refund any unearned premium or other identifiable charges.
(b) Within sixty (60) calendar days after the termination date of creditor-placed insurance coverage, the insurer shall provide to the debtor a statement of refund disclosing the effective date, the termination date, the amount of premium being refunded and the amount of premium charged for the coverage provided. No statement shall be required in the event that the policy terminates pursuant to § 56-49-104(b)(4) .
(c) The entire amount of premiums, minimum premiums, fees or charges of any kind shall be refunded if no coverage was provided.
Acts 1999, ch. 144, § 9.
Tenn. Code Ann. § 56-36-111 — TN Code / Title 56 / Chapter 36 / Section 56-36-111
Minimum forfeiture benefits
Status: in_force

For any contract that provides, within the same contract by rider or supplemental contract provisions, both annuity benefits and life insurance benefits that are in excess of the greater of cash surrender benefits or a return of the gross considerations with interest, the minimum nonforfeiture benefits shall be equal to the sum of the minimum nonforfeiture benefits for the annuity portion and the minimum nonforfeiture benefits, if any, for the life insurance portion computed as if each portion were a separate contract. Notwithstanding §§ 56-36-105 - 56-36-108 and 56-36-110, additional benefits payable: (1) In the event of total and permanent disability; (2) As reversionary annuity or deferred reversionary annuity benefits; or (3) As other policy benefits additional to life insurance, endowment and annuity benefits, and considerations for the additional benefits; shall be disregarded in ascertaining the minimum nonforfeiture amount, paid-up annuity, cash surrender and death benefits that may be required by this chapter. The inclusion of the additional benefits shall not be required in any paid-up benefits, unless the additional benefits separately would require minimum nonforfeiture amounts, paid-up annuity cash surrender and death benefits. Acts 1978, ch. 590, § 11; T.C.A., § 56-4611.
For any contract that provides, within the same contract by rider or supplemental contract provisions, both annuity benefits and life insurance benefits that are in excess of the greater of cash surrender benefits or a return of the gross considerations with interest, the minimum nonforfeiture benefits shall be equal to the sum of the minimum nonforfeiture benefits for the annuity portion and the minimum nonforfeiture benefits, if any, for the life insurance portion computed as if each portion were a separate contract. Notwithstanding §§ 56-36-105 - 56-36-108 and 56-36-110, additional benefits payable:
(1) In the event of total and permanent disability;
(2) As reversionary annuity or deferred reversionary annuity benefits; or
(3) As other policy benefits additional to life insurance, endowment and annuity benefits, and considerations for the additional benefits; shall be disregarded in ascertaining the minimum nonforfeiture amount, paid-up annuity, cash surrender and death benefits that may be required by this chapter. The inclusion of the additional benefits shall not be required in any paid-up benefits, unless the additional benefits separately would require minimum nonforfeiture amounts, paid-up annuity cash surrender and death benefits.
shall be disregarded in ascertaining the minimum nonforfeiture amount, paid-up annuity, cash surrender and death benefits that may be required by this chapter. The inclusion of the additional benefits shall not be required in any paid-up benefits, unless the additional benefits separately would require minimum nonforfeiture amounts, paid-up annuity cash surrender and death benefits.
Acts 1978, ch. 590, § 11; T.C.A., § 56-4611.
Tenn. Code Ann. § 56-31-115 — TN Code / Title 56 / Chapter 31 / Section 56-31-115
Financial and statistical records
Status: in_force

Every vision service plan corporation shall maintain adequate financial and statistical records in reasonable uniformity with accounting plans and statistical requirements of the annual statement blank required by the commissioner. Acts 1969, ch. 118, § 16; T.C.A., § 56-3715.
Every vision service plan corporation shall maintain adequate financial and statistical records in reasonable uniformity with accounting plans and statistical requirements of the annual statement blank required by the commissioner.
Acts 1969, ch. 118, § 16; T.C.A., § 56-3715.
Tenn. Code Ann. § 56-3-504 — TN Code / Title 56 / Chapter 3 / Section 56-3-504
Valuation of assets allocated to separate account
Status: in_force

Assets allocated to a separate account shall be valued at their market value on the date of valuation, or if there is no readily available market, then in accordance with the terms of the agreement; provided, that the portion of the assets of the separate account at least equal to the company's reserve liability with regard to the guaranteed benefits and funds referred to in § 56-3-502 , if any, shall be valued in accordance with the rules otherwise applicable to the company's assets. Acts 1967, ch. 353, § 4; T.C.A., §§ 56-261, 56-315.
Assets allocated to a separate account shall be valued at their market value on the date of valuation, or if there is no readily available market, then in accordance with the terms of the agreement; provided, that the portion of the assets of the separate account at least equal to the company's reserve liability with regard to the guaranteed benefits and funds referred to in § 56-3-502 , if any, shall be valued in accordance with the rules otherwise applicable to the company's assets.
Acts 1967, ch. 353, § 4; T.C.A., §§ 56-261, 56-315.
Tenn. Code Ann. § 56-59-106 — TN Code / Title 56 / Chapter 59 / Section 56-59-106
Cancellation or termination of GAP waiver or finance agreement - Free look period
Status: in_force

(a) GAP waiver agreements may be cancelable or noncancelable after the free look period. GAP waivers must provide that if a borrower cancels a waiver within the free look period, the borrower will be entitled to a full refund of the purchase price; provided, that no claims have been made or no benefits have been paid, or in the event benefits have been paid or claims made, the borrower may receive a full or partial refund if the waiver so provides. (b) In the event of a borrower's cancellation of the GAP waiver or early termination of the finance agreement, after the agreement has been in effect beyond the free look period, the borrower may be entitled to a refund of any unearned portion of the purchase price of the waiver unless the waiver provides otherwise. In order to receive a refund, the borrower, in accordance with any applicable terms of the waiver, must provide a written request to the creditor, administrator or other party within ninety (90) days after the borrower's decision to cancel the waiver or the occurrence of the event terminating the finance agreement. (c) If the cancellation of a GAP waiver occurs as a result of a default under the finance agreement or the repossession of the motor vehicle associated with the finance agreement, or any other termination of the finance agreement, any refund due may be paid directly to the creditor or administrator and applied as set forth in subsection (d). (d) Any cancellation refund under subsections (a)-(c) may be applied by the creditor as a reduction of the amount owed under the finance agreement, unless the borrower can show that the finance agreement has been paid in full. Acts 2008, ch. 1055, § 7.
(a) GAP waiver agreements may be cancelable or noncancelable after the free look period. GAP waivers must provide that if a borrower cancels a waiver within the free look period, the borrower will be entitled to a full refund of the purchase price; provided, that no claims have been made or no benefits have been paid, or in the event benefits have been paid or claims made, the borrower may receive a full or partial refund if the waiver so provides.
(b) In the event of a borrower's cancellation of the GAP waiver or early termination of the finance agreement, after the agreement has been in effect beyond the free look period, the borrower may be entitled to a refund of any unearned portion of the purchase price of the waiver unless the waiver provides otherwise. In order to receive a refund, the borrower, in accordance with any applicable terms of the waiver, must provide a written request to the creditor, administrator or other party within ninety (90) days after the borrower's decision to cancel the waiver or the occurrence of the event terminating the finance agreement.
(c) If the cancellation of a GAP waiver occurs as a result of a default under the finance agreement or the repossession of the motor vehicle associated with the finance agreement, or any other termination of the finance agreement, any refund due may be paid directly to the creditor or administrator and applied as set forth in subsection (d).
(d) Any cancellation refund under subsections (a)-(c) may be applied by the creditor as a reduction of the amount owed under the finance agreement, unless the borrower can show that the finance agreement has been paid in full.
Acts 2008, ch. 1055, § 7.
Tenn. Code Ann. § 56-44-104 — TN Code / Title 56 / Chapter 44 / Section 56-44-104
Failure by insurer to file annual statement - Penalty
Status: in_force

The commissioner may suspend, revoke or refuse to renew the certificate of authority of any insurer failing to file its annual statement when due, or within any extension of time that the commissioner, for good cause, may have granted. Acts 1991, ch. 142, § 5.
The commissioner may suspend, revoke or refuse to renew the certificate of authority of any insurer failing to file its annual statement when due, or within any extension of time that the commissioner, for good cause, may have granted.
Acts 1991, ch. 142, § 5.
Tenn. Code Ann. § 56-61-111 — TN Code / Title 56 / Chapter 61 / Section 56-61-111
Penalties for violations
Status: in_force

A person that violates this chapter shall be subject to the penalties set forth in § 56-2-305 . Acts 2010, ch. 980, § 12.
A person that violates this chapter shall be subject to the penalties set forth in § 56-2-305 .
Acts 2010, ch. 980, § 12.
Tenn. Code Ann. § 56-21-107 — TN Code / Title 56 / Chapter 21 / Section 56-21-107
Return to guarantors upon retirement or liquidation of guaranty capital
Status: in_force

When guaranty capital is being retired or liquidated, if the guarantors have made their contributions in cash, a like amount of cash shall be repaid them; but if the same has been made in securities, the securities if not disposed of, or their cash value at the time of their sale if disposed of, shall be returned to the guarantor contributing them, or the return of the guaranty capital shall be made on such other terms as are agreed upon when the securities are deposited by the guarantor. Acts 1907, ch. 461, § 4; Shan., § 3369a12; Acts 1921, ch. 160, § 4; Code 1932, § 6263; T.C.A. (orig. ed.), § 56-2009.
When guaranty capital is being retired or liquidated, if the guarantors have made their contributions in cash, a like amount of cash shall be repaid them; but if the same has been made in securities, the securities if not disposed of, or their cash value at the time of their sale if disposed of, shall be returned to the guarantor contributing them, or the return of the guaranty capital shall be made on such other terms as are agreed upon when the securities are deposited by the guarantor.
Acts 1907, ch. 461, § 4; Shan., § 3369a12; Acts 1921, ch. 160, § 4; Code 1932, § 6263; T.C.A. (orig. ed.), § 56-2009.
Tenn. Code Ann. § 56-1-205 — TN Code / Title 56 / Chapter 1 / Section 56-1-205
Traveling expenses of commissioner
Status: in_force

The commissioner is entitled to, and shall be paid, all necessary traveling expenses, including railroad fare and hotel bills paid while away from the commissioner's office on official business. Acts 1913, ch. 1, § 5; Shan., § 3276a4; impl. am. Acts 1923, ch. 7, §§ 50, 51; Code 1932, § 6089; T.C.A. (orig. ed.), § 56-108.
The commissioner is entitled to, and shall be paid, all necessary traveling expenses, including railroad fare and hotel bills paid while away from the commissioner's office on official business.
Acts 1913, ch. 1, § 5; Shan., § 3276a4; impl. am. Acts 1923, ch. 7, §§ 50, 51; Code 1932, § 6089; T.C.A. (orig. ed.), § 56-108.
Tenn. Code Ann. § 56-1-306 — TN Code / Title 56 / Chapter 1 / Section 56-1-306
Personnel
Status: in_force

Any employment of personnel by the director for the division of regulatory boards shall be in accordance with rules of the departments of human resources and finance and administration. Amended by 2017 Tenn. Acts, ch. 454,s 2, eff. 5/25/2017. Acts 1978, ch. 906, § 1; modified; T.C.A., § 56-145.
Any employment of personnel by the director for the division of regulatory boards shall be in accordance with rules of the departments of human resources and finance and administration.
Amended by 2017 Tenn. Acts, ch. 454,s 2, eff. 5/25/2017.
Acts 1978, ch. 906, § 1; modified; T.C.A., § 56-145.
Tenn. Code Ann. § 56-13-101 — TN Code / Title 56 / Chapter 13 / Section 56-13-101
Short title - Purpose
Status: in_force

(a) This chapter shall be known and may be cited as the "Revised Tennessee Captive Insurance Act." (b) The purpose of this chapter is to establish the procedures for the organization and regulation of the operations of captive insurance companies within this state and thereby promote the general welfare of the people of this state. Acts 2011, ch. 468, § 1.
(a) This chapter shall be known and may be cited as the "Revised Tennessee Captive Insurance Act."
(b) The purpose of this chapter is to establish the procedures for the organization and regulation of the operations of captive insurance companies within this state and thereby promote the general welfare of the people of this state.
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-6-506 — TN Code / Title 56 / Chapter 6 / Section 56-6-506
Acts of an MGA considered acts of the insurer
Status: in_force

The acts of the MGA are considered to be the acts of the insurer on whose behalf it is acting. An MGA may be examined as if it were the insurer. Acts 1991, ch. 142, § 7.
The acts of the MGA are considered to be the acts of the insurer on whose behalf it is acting. An MGA may be examined as if it were the insurer.
Acts 1991, ch. 142, § 7.
Tenn. Code Ann. § 56-28-103 — TN Code / Title 56 / Chapter 28 / Section 56-28-103
Board of directors - Composition - Compensation
Status: in_force

(a) The directors of the corporation shall at all times be composed of the following groups in equal numbers: (1) Administrators or trustees of hospitals that have contracted with the corporation to render hospital service to the subscribers; (2) Physicians, exclusive of group one (1); and (3) The general public, exclusive of groups one (1) and two (2). (b) Directors or board members should serve without pay for their work in this capacity; provided, that they may receive payment for particular services actually rendered, such as legal counsel, medical service, accounting or other required services, upon specific approval of the board of directors, the approval being made a part of the minutes of the board. Acts 1945, ch. 98, § 2; C. Supp. 1950, § 4186.2; T.C.A. (orig. ed.), § 56-3003.
(a) The directors of the corporation shall at all times be composed of the following groups in equal numbers: (1) Administrators or trustees of hospitals that have contracted with the corporation to render hospital service to the subscribers; (2) Physicians, exclusive of group one (1); and (3) The general public, exclusive of groups one (1) and two (2).
(1) Administrators or trustees of hospitals that have contracted with the corporation to render hospital service to the subscribers;
(2) Physicians, exclusive of group one (1); and
(3) The general public, exclusive of groups one (1) and two (2).
(b) Directors or board members should serve without pay for their work in this capacity; provided, that they may receive payment for particular services actually rendered, such as legal counsel, medical service, accounting or other required services, upon specific approval of the board of directors, the approval being made a part of the minutes of the board.
Acts 1945, ch. 98, § 2; C. Supp. 1950, § 4186.2; T.C.A. (orig. ed.), § 56-3003.
Tenn. Code Ann. § 56-26-127 — TN Code / Title 56 / Chapter 26 / Section 56-26-127
Group or franchise policies excluded
Status: in_force

Sections 56-26-125 and 56-26-126 do not apply to such policies issued on a group or franchise basis. Acts 1970, ch. 455, § 3; T.C.A., § 56-3327.
Sections 56-26-125 and 56-26-126 do not apply to such policies issued on a group or franchise basis.
Acts 1970, ch. 455, § 3; T.C.A., § 56-3327.
Tenn. Code Ann. § 56-51-124 — TN Code / Title 56 / Chapter 51 / Section 56-51-124
Construction and relationship with other laws
Status: in_force

(a) No other provision of this title applies to a prepaid limited health service organization, unless a prepaid limited health service organization is specifically mentioned in the provision. (b) Except as provided in this chapter, this title does not apply to prepaid limited health service organizations certificated under this chapter. Any person, entity, or prepaid limited health service organization operating without a subsisting certificate of authority in violation of this chapter or rules adopted under this chapter, in addition to being subject to this chapter, is subject to the insurance code. (c) The department is vested with all powers granted to it under the insurance code with respect to the investigation of any violation of this chapter. Acts 2000, ch. 948, § 24.
(a) No other provision of this title applies to a prepaid limited health service organization, unless a prepaid limited health service organization is specifically mentioned in the provision.
(b) Except as provided in this chapter, this title does not apply to prepaid limited health service organizations certificated under this chapter. Any person, entity, or prepaid limited health service organization operating without a subsisting certificate of authority in violation of this chapter or rules adopted under this chapter, in addition to being subject to this chapter, is subject to the insurance code.
(c) The department is vested with all powers granted to it under the insurance code with respect to the investigation of any violation of this chapter.
Acts 2000, ch. 948, § 24.
Tenn. Code Ann. § 56-35-107 — TN Code / Title 56 / Chapter 35 / Section 56-35-107
Tax on risk rate charges - Credits and exemptions - Penalties - Minimum tax
Status: in_force

(a) Every title insurance company qualifying under this chapter shall annually, on or before March 1 of each year, file an annual statement as provided in § 56-35-108 , and pay to the department of commerce and insurance a sum equal to two and one half percent (2.5%) of all risk rate charges collected by it, on risks located in this state, during the year next preceding, which tax shall be subject to the same credits and exemptions as provided for the gross premiums tax on other insurance companies under §§ 56-4-211 , 56-4-213 and 56-4-217 , and that shall be in lieu of any privilege tax, general or special; and all other taxes, state or local, except as provided by § 56-4-213 . (b) Any title insurance company, qualifying under this chapter, that fails to make the returns and payments correctly and promptly on or before March 1 of each year in an electronic format approved by the commissioner, shall be subject to penalty as provided for the gross premium tax on other insurance companies under § 56-4-216 . (c) The minimum amount of tax payable for any company qualifying under this chapter for the privilege of transacting business for any calendar year shall be one hundred fifty dollars ($150). (d) Nothing in this section shall be construed to provide an exemption from the sales and use tax imposed by title 67, chapter 6. Amended by 2015 Tenn. Acts, ch. 155,s 20, eff. 1/1/2016. Acts 1955, ch. 173, § 5; impl. am. Acts 1971, ch. 137, § 1; impl. am. Acts 1971, ch. 387, § 25; T.C.A., § 56-3407; Acts 1985, ch. 354, § 6; 1989, ch. 36, § 2; 2005, ch. 499, § 26.
(a) Every title insurance company qualifying under this chapter shall annually, on or before March 1 of each year, file an annual statement as provided in § 56-35-108 , and pay to the department of commerce and insurance a sum equal to two and one half percent (2.5%) of all risk rate charges collected by it, on risks located in this state, during the year next preceding, which tax shall be subject to the same credits and exemptions as provided for the gross premiums tax on other insurance companies under §§ 56-4-211 , 56-4-213 and 56-4-217 , and that shall be in lieu of any privilege tax, general or special; and all other taxes, state or local, except as provided by § 56-4-213 .
(b) Any title insurance company, qualifying under this chapter, that fails to make the returns and payments correctly and promptly on or before March 1 of each year in an electronic format approved by the commissioner, shall be subject to penalty as provided for the gross premium tax on other insurance companies under § 56-4-216 .
(c) The minimum amount of tax payable for any company qualifying under this chapter for the privilege of transacting business for any calendar year shall be one hundred fifty dollars ($150).
(d) Nothing in this section shall be construed to provide an exemption from the sales and use tax imposed by title 67, chapter 6.
Amended by 2015 Tenn. Acts, ch. 155,s 20, eff. 1/1/2016.
Acts 1955, ch. 173, § 5; impl. am. Acts 1971, ch. 137, § 1; impl. am. Acts 1971, ch. 387, § 25; T.C.A., § 56-3407; Acts 1985, ch. 354, § 6; 1989, ch. 36, § 2; 2005, ch. 499, § 26.
Tenn. Code Ann. § 56-7-2407 — TN Code / Title 56 / Chapter 7 / Section 56-7-2407
Nurse midwife services
Status: in_force

(a) Whenever any contract, plan, or policy of insurance issued in this state provides for reimbursement of any service that is within the lawful scope of practice of a nurse midwife, duly licensed by the state board of nursing as a registered nurse and also duly certified as a nurse midwife by the American College of Nurse-Midwives, the insured or other person entitled to benefits under the contract, plan, or policy shall be entitled to reimbursement for the services, whether the services are performed by a duly licensed physician or by a duly licensed and certified nurse midwife. (b) Reimbursements shall be made in a timely manner. (c) The provisions of this section relating to nurse midwife services shall apply to all contracts, plans, or policies issued or renewed on or after July 1, 1994. Acts 1994, ch. 945, § 1.
(a) Whenever any contract, plan, or policy of insurance issued in this state provides for reimbursement of any service that is within the lawful scope of practice of a nurse midwife, duly licensed by the state board of nursing as a registered nurse and also duly certified as a nurse midwife by the American College of Nurse-Midwives, the insured or other person entitled to benefits under the contract, plan, or policy shall be entitled to reimbursement for the services, whether the services are performed by a duly licensed physician or by a duly licensed and certified nurse midwife.
(b) Reimbursements shall be made in a timely manner.
(c) The provisions of this section relating to nurse midwife services shall apply to all contracts, plans, or policies issued or renewed on or after July 1, 1994.
Acts 1994, ch. 945, § 1.
Tenn. Code Ann. § 56-35-129 — TN Code / Title 56 / Chapter 35 / Section 56-35-129
Title search and examination
Status: in_force

No policy or contract of title insurance shall be issued until and unless the title insurance company has caused to be conducted a reasonable search and examination of the title; provided, that the commissioner shall exercise no supervision and control over, and title insurance companies and title insurance rating organizations shall not file as part of their schedule of rates for title insurance, that part of the charge for title insurance applicable to search and examination in connection with insurance of title to real property located in counties with a population of less than one hundred seventy-five thousand (175,000), according to the 2010 federal census or any subsequent federal census. Acts 1980, ch. 857, § 8; 1985, ch. 30, § 1; 2012, ch. 631, § 1.
No policy or contract of title insurance shall be issued until and unless the title insurance company has caused to be conducted a reasonable search and examination of the title; provided, that the commissioner shall exercise no supervision and control over, and title insurance companies and title insurance rating organizations shall not file as part of their schedule of rates for title insurance, that part of the charge for title insurance applicable to search and examination in connection with insurance of title to real property located in counties with a population of less than one hundred seventy-five thousand (175,000), according to the 2010 federal census or any subsequent federal census.
Acts 1980, ch. 857, § 8; 1985, ch. 30, § 1; 2012, ch. 631, § 1.
Tenn. Code Ann. § 56-7-1404 — TN Code / Title 56 / Chapter 7 / Section 56-7-1404
Unfair or deceptive acts in replacement transactions
Status: in_force

With respect to any policy of medicare supplement insurance in a replacement transaction, as the term has been defined by the commissioner, the following are unfair or deceptive acts and shall be sanctioned as provided in chapter 8 of this title: (1) In the case of any insurer, failing to provide an unconditional refund offer of at least thirty (30) days from the date of delivery of the policy; (2) In the case of any insurer, failing to send any notice required by statute or rule to an existing insurer; or (3) In the case of replacement of a medicare supplement insurance policy, failing to give notice to an applicant for medicare supplement insurance of the adverse consequences that may result from surrendering an existing insurance policy prior to the determination of insurability by the replacing insurer. The notice shall be in the form prescribed by the commissioner, and receipt of the notice shall be acknowledged by signature of the applicant. A copy of the signed notice shall be provided to the existing insurer in accordance with rules adopted by the commissioner. Acts 1988, ch. 989, § 10.
With respect to any policy of medicare supplement insurance in a replacement transaction, as the term has been defined by the commissioner, the following are unfair or deceptive acts and shall be sanctioned as provided in chapter 8 of this title:
(1) In the case of any insurer, failing to provide an unconditional refund offer of at least thirty (30) days from the date of delivery of the policy;
(2) In the case of any insurer, failing to send any notice required by statute or rule to an existing insurer; or
(3) In the case of replacement of a medicare supplement insurance policy, failing to give notice to an applicant for medicare supplement insurance of the adverse consequences that may result from surrendering an existing insurance policy prior to the determination of insurability by the replacing insurer. The notice shall be in the form prescribed by the commissioner, and receipt of the notice shall be acknowledged by signature of the applicant. A copy of the signed notice shall be provided to the existing insurer in accordance with rules adopted by the commissioner.
Acts 1988, ch. 989, § 10.
Tenn. Code Ann. § 56-61-103 — TN Code / Title 56 / Chapter 61 / Section 56-61-103
Applicability and scope
Status: in_force

(a) Except as otherwise specified, this chapter shall apply to all health carriers. (b) This chapter shall not apply to a policy or certificate that provides: (1) Coverage only for a specified disease, specified accident or accident-only coverage, credit, dental, disability income, hospital indemnity, long-term care insurance, as defined by § 56-42-103 , vision care or any other limited supplemental benefit or to a medicare supplement policy of insurance as defined by the commissioner; (2) Coverage under a plan through medicare, medicaid or the federal employees health benefits program (FEHB); (3) Any coverage issued under 10 U.S.C. § 1072 and any coverage issued as supplement to that coverage; (4) Any coverage issued as supplemental to liability insurance; workers' compensation or similar insurance; automobile medical-payment insurance or any insurance under which benefits are payable without regard to fault; whether written on a group blanket or individual basis; or (5) Any plan exempt from regulation under this title due to the Employee Retirement Income Security Act of 1974 (ERISA) ( 29 U.S.C. § 1144 ). Acts 2010, ch. 980, § 4.
(a) Except as otherwise specified, this chapter shall apply to all health carriers.
(b) This chapter shall not apply to a policy or certificate that provides: (1) Coverage only for a specified disease, specified accident or accident-only coverage, credit, dental, disability income, hospital indemnity, long-term care insurance, as defined by § 56-42-103 , vision care or any other limited supplemental benefit or to a medicare supplement policy of insurance as defined by the commissioner; (2) Coverage under a plan through medicare, medicaid or the federal employees health benefits program (FEHB); (3) Any coverage issued under 10 U.S.C. § 1072 and any coverage issued as supplement to that coverage; (4) Any coverage issued as supplemental to liability insurance; workers' compensation or similar insurance; automobile medical-payment insurance or any insurance under which benefits are payable without regard to fault; whether written on a group blanket or individual basis; or (5) Any plan exempt from regulation under this title due to the Employee Retirement Income Security Act of 1974 (ERISA) ( 29 U.S.C. § 1144 ).
(1) Coverage only for a specified disease, specified accident or accident-only coverage, credit, dental, disability income, hospital indemnity, long-term care insurance, as defined by § 56-42-103 , vision care or any other limited supplemental benefit or to a medicare supplement policy of insurance as defined by the commissioner;
(2) Coverage under a plan through medicare, medicaid or the federal employees health benefits program (FEHB);
(3) Any coverage issued under 10 U.S.C. § 1072 and any coverage issued as supplement to that coverage;
(4) Any coverage issued as supplemental to liability insurance; workers' compensation or similar insurance; automobile medical-payment insurance or any insurance under which benefits are payable without regard to fault; whether written on a group blanket or individual basis; or
(5) Any plan exempt from regulation under this title due to the Employee Retirement Income Security Act of 1974 (ERISA) ( 29 U.S.C. § 1144 ).
Acts 2010, ch. 980, § 4.
Tenn. Code Ann. § 56-2-114 — TN Code / Title 56 / Chapter 2 / Section 56-2-114
Capital requirements for insurance combinations and reinsurance
Status: in_force

(a) An insurer otherwise qualified therefor may be authorized to transact combinations of kinds of insurance while processing and maintaining capital, if a stock company, or surplus funds, if a mutual, reciprocal, or Lloyd's plan insurer, in the amount of one million dollars ($1,000,000). (b) To transact the business of reinsuring credit life and credit accident insurance and health insurance, an insurer must possess and maintain capital in the amount of one hundred fifty thousand dollars ($150,000); provided, that a company so authorized shall not be authorized to conduct any other line of business unless otherwise qualified. Acts 1895, ch. 160, § 9, par. 2; 1901, ch. 131, § 1; 1907, ch. 493, § 1; Shan., § 3292; Code 1932, § 6107; Acts 1947, ch. 223, § 1; C. Supp. 1950, § 6107; Acts 1951, ch. 212, § 1; T.C.A. (orig. ed.), § 56-304; Acts 1955, ch. 13, § 1; 1967, ch. 31, § 5; T.C.A. (orig. ed.), § 56-214; Acts 1985, ch. 107, § 4; 1986, ch. 535, § 1.
(a) An insurer otherwise qualified therefor may be authorized to transact combinations of kinds of insurance while processing and maintaining capital, if a stock company, or surplus funds, if a mutual, reciprocal, or Lloyd's plan insurer, in the amount of one million dollars ($1,000,000).
(b) To transact the business of reinsuring credit life and credit accident insurance and health insurance, an insurer must possess and maintain capital in the amount of one hundred fifty thousand dollars ($150,000); provided, that a company so authorized shall not be authorized to conduct any other line of business unless otherwise qualified.
Acts 1895, ch. 160, § 9, par. 2; 1901, ch. 131, § 1; 1907, ch. 493, § 1; Shan., § 3292; Code 1932, § 6107; Acts 1947, ch. 223, § 1; C. Supp. 1950, § 6107; Acts 1951, ch. 212, § 1; T.C.A. (orig. ed.), § 56-304; Acts 1955, ch. 13, § 1; 1967, ch. 31, § 5; T.C.A. (orig. ed.), § 56-214; Acts 1985, ch. 107, § 4; 1986, ch. 535, § 1.
Tenn. Code Ann. § 56-15-113 — TN Code / Title 56 / Chapter 15 / Section 56-15-113
Action against company - Estopped to deny liability
Status: in_force

Any company that executes or guarantees any recognizance, stipulation, bond or undertaking under this chapter shall be estopped, in any proceeding to enforce the liability that it has assumed to incur, to deny its corporate power to execute or guarantee the instrument or assume the liability. Acts 1895, ch. 175, § 7; Shan., § 2220; Code 1932, § 3952; T.C.A. (orig. ed.), § 56-1413.
Any company that executes or guarantees any recognizance, stipulation, bond or undertaking under this chapter shall be estopped, in any proceeding to enforce the liability that it has assumed to incur, to deny its corporate power to execute or guarantee the instrument or assume the liability.
Acts 1895, ch. 175, § 7; Shan., § 2220; Code 1932, § 3952; T.C.A. (orig. ed.), § 56-1413.
Tenn. Code Ann. § 56-21-113 — TN Code / Title 56 / Chapter 21 / Section 56-21-113
Guaranty capitalized companies maintaining reinsurance reserves may limit premiums in policies
Status: in_force

All companies operating under the guaranty capital provisions of this chapter and levying advance premiums and maintaining a full legal reinsurance reserve may limit their policyholders' liability to the amount of premiums stated in the policy or insurance contract and collect the same as set out in the policy and contract. Acts 1907, ch. 461, § 4; Shan., § 3369a8; Acts 1921, ch. 160, § 4; Code 1932, § 6259; T.C.A. (orig. ed.), § 56-2015.
All companies operating under the guaranty capital provisions of this chapter and levying advance premiums and maintaining a full legal reinsurance reserve may limit their policyholders' liability to the amount of premiums stated in the policy or insurance contract and collect the same as set out in the policy and contract.
Acts 1907, ch. 461, § 4; Shan., § 3369a8; Acts 1921, ch. 160, § 4; Code 1932, § 6259; T.C.A. (orig. ed.), § 56-2015.
Tenn. Code Ann. § 56-3-507 — TN Code / Title 56 / Chapter 3 / Section 56-3-507
Authorization for delivery of agreements providing benefits on a variable basis - Determination of qualification
Status: in_force

No domestic life insurance company, and no other life insurance company admitted to transact business in this state, shall be authorized to deliver within this state any agreement providing benefits in variable amounts until the company has satisfied the commissioner that its condition or methods of operation in connection with the issuance of the agreements will not render its operation hazardous to the public or its policyholders in this state. In determining the qualification of a company requesting authority to deliver the agreements within this state, the commissioner shall consider, among other things: (1) The history and financial condition of the company; (2) The character, responsibility and general fitness of the officers and directors of the company; and (3) In the case of a company other than a domestic company, whether the statutes and regulations of the jurisdiction of its incorporation provide a degree of protection to policyholders and the public that is substantially equal to that provided by this part and the rules and regulations issued under this part. Acts 1967, ch. 353, § 7; T.C.A., §§ 56-264, 56-318.
No domestic life insurance company, and no other life insurance company admitted to transact business in this state, shall be authorized to deliver within this state any agreement providing benefits in variable amounts until the company has satisfied the commissioner that its condition or methods of operation in connection with the issuance of the agreements will not render its operation hazardous to the public or its policyholders in this state. In determining the qualification of a company requesting authority to deliver the agreements within this state, the commissioner shall consider, among other things:
(1) The history and financial condition of the company;
(2) The character, responsibility and general fitness of the officers and directors of the company; and
(3) In the case of a company other than a domestic company, whether the statutes and regulations of the jurisdiction of its incorporation provide a degree of protection to policyholders and the public that is substantially equal to that provided by this part and the rules and regulations issued under this part.
Acts 1967, ch. 353, § 7; T.C.A., §§ 56-264, 56-318.
Tenn. Code Ann. § 56-8-103 — TN Code / Title 56 / Chapter 8 / Section 56-8-103
Unfair methods of competition and unfair or deceptive acts or practices prohibited
Status: in_force

No person shall engage in an unfair trade practice from, in or into this state that is defined in § 56-8-104 or § 56-8-106 or determined by rule pursuant to § 56-8-108 to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. No person shall engage in an unfair claim practice that is defined in § 56-8-105 or determined by rule pursuant to § 56-8-108 to be an unfair claim practice. However, the commissioner may not levy a civil penalty or suspend or revoke a license for violating an unfair claim practice unless: (1) It is committed knowingly; or (2) It has been committed with such frequency as to indicate a general business practice. Acts 2008, ch. 1079, §§ 1, 4.
No person shall engage in an unfair trade practice from, in or into this state that is defined in § 56-8-104 or § 56-8-106 or determined by rule pursuant to § 56-8-108 to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. No person shall engage in an unfair claim practice that is defined in § 56-8-105 or determined by rule pursuant to § 56-8-108 to be an unfair claim practice. However, the commissioner may not levy a civil penalty or suspend or revoke a license for violating an unfair claim practice unless:
(1) It is committed knowingly; or
(2) It has been committed with such frequency as to indicate a general business practice.
Acts 2008, ch. 1079, §§ 1, 4.
Tenn. Code Ann. § 56-36-113 — TN Code / Title 56 / Chapter 36 / Section 56-36-113
Rules and regulations
Status: in_force

The commissioner may adopt rules and regulations, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this chapter. Acts 2004, ch. 439, § 4.
The commissioner may adopt rules and regulations, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this chapter.
Acts 2004, ch. 439, § 4.
Tenn. Code Ann. § 56-27-121 — TN Code / Title 56 / Chapter 27 / Section 56-27-121
Orders and regulations - Rates
Status: in_force

After the issuance of a certificate of authority, the commissioner shall have authority to issue orders or to publish regulations that may be necessary for the proper enforcement of this chapter, and as the commissioner deems are in the public interest. The published regulations of the commissioner will have the effect of statute, and shall include in particular powers of regulating the form of subscription contracts and required and prohibited provisions in the contracts, and all other matters needing further definition or clarification and coming within the requirements of this chapter. The commissioner has the authority to regulate rates as required by statute now in force or hereinafter adopted by the general assembly, as provided for by the regulation of casualty rates or as approved by the commissioner by proper legal regulation. Acts 1945, ch. 113, § 8; C. Supp. 1950, § 4186.25; T.C.A. (orig. ed.), § 56-2921.
After the issuance of a certificate of authority, the commissioner shall have authority to issue orders or to publish regulations that may be necessary for the proper enforcement of this chapter, and as the commissioner deems are in the public interest. The published regulations of the commissioner will have the effect of statute, and shall include in particular powers of regulating the form of subscription contracts and required and prohibited provisions in the contracts, and all other matters needing further definition or clarification and coming within the requirements of this chapter. The commissioner has the authority to regulate rates as required by statute now in force or hereinafter adopted by the general assembly, as provided for by the regulation of casualty rates or as approved by the commissioner by proper legal regulation.
Acts 1945, ch. 113, § 8; C. Supp. 1950, § 4186.25; T.C.A. (orig. ed.), § 56-2921.
Tenn. Code Ann. § 56-21-101 — TN Code / Title 56 / Chapter 21 / Section 56-21-101
Paid-up guaranty capital - Division into shares
Status: in_force

(a) Any mutual fire insurance company organized under the laws of this state shall have a paid-up guaranty capital of not less than nine hundred fifty thousand dollars ($950,000) divided into shares of not exceeding one hundred dollars ($100) each. (b) The increase in the minimum amount of guaranty capital provided by the 1969 amendment does not apply to companies qualified and authorized prior to May 7, 1969. Acts 1907, ch. 461, § 2; Shan., § 3369a4; Acts 1921, ch. 160, § 2; Code 1932, § 6255; Acts 1969, ch. 218, §§ 2, 6; 1973, ch. 292, § 4; T.C.A. (orig. ed.), § 56-2003.
(a) Any mutual fire insurance company organized under the laws of this state shall have a paid-up guaranty capital of not less than nine hundred fifty thousand dollars ($950,000) divided into shares of not exceeding one hundred dollars ($100) each.
(b) The increase in the minimum amount of guaranty capital provided by the 1969 amendment does not apply to companies qualified and authorized prior to May 7, 1969.
Acts 1907, ch. 461, § 2; Shan., § 3369a4; Acts 1921, ch. 160, § 2; Code 1932, § 6255; Acts 1969, ch. 218, §§ 2, 6; 1973, ch. 292, § 4; T.C.A. (orig. ed.), § 56-2003.
Tenn. Code Ann. § 56-47-111 — TN Code / Title 56 / Chapter 47 / Section 56-47-111
Immunity of persons providing information
Status: in_force

In the absence of actual malice, no person furnishing, disclosing or requesting information pursuant to § 56-47-110 shall be subject to civil liability for libel, slander or any other cause of action arising from the furnishing, disclosing or requesting of the information. No person providing information pursuant to § 56-47-110(a) shall be subject to civil liability for any cause of action arising from the person's provision of requested information. Any person against whom any action is brought who is found to be immune from liability under this section shall be entitled to recover reasonable attorney's fees and costs from the person or party who brought the action. This section does not abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person. Acts 1996, ch. 944, § 48.
In the absence of actual malice, no person furnishing, disclosing or requesting information pursuant to § 56-47-110 shall be subject to civil liability for libel, slander or any other cause of action arising from the furnishing, disclosing or requesting of the information. No person providing information pursuant to § 56-47-110(a) shall be subject to civil liability for any cause of action arising from the person's provision of requested information. Any person against whom any action is brought who is found to be immune from liability under this section shall be entitled to recover reasonable attorney's fees and costs from the person or party who brought the action. This section does not abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person.
Acts 1996, ch. 944, § 48.
Tenn. Code Ann. § 56-13-113 — TN Code / Title 56 / Chapter 13 / Section 56-13-113
Membership in rating organizations - Exemption from compulsory associations
Status: in_force

(a) No captive insurance company shall be required to join a rating organization. (b) No captive insurance company shall be permitted to join or contribute financially to any plan, pool, association, or guaranty or insolvency fund in this state, nor shall any such captive insurance company, or any insured or affiliate thereof, receive any benefit from any such plan, pool, association, or guaranty or insolvency fund for claims arising out of the operations of such captive insurance company. Acts 2011, ch. 468, § 1.
(a) No captive insurance company shall be required to join a rating organization.
(b) No captive insurance company shall be permitted to join or contribute financially to any plan, pool, association, or guaranty or insolvency fund in this state, nor shall any such captive insurance company, or any insured or affiliate thereof, receive any benefit from any such plan, pool, association, or guaranty or insolvency fund for claims arising out of the operations of such captive insurance company.
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-13-304 — TN Code / Title 56 / Chapter 13 / Section 56-13-304
Petition for certificate of authority
Status: in_force

In the case of a captive insurance company seeking to become licensed as a branch captive insurance company, the alien captive insurance company shall petition the commissioner to issue a certificate setting forth the commissioner's finding that, after considering the character, reputation, financial responsibility, insurance experience, and business qualifications of the officers and directors of the alien captive insurance company, the licensing and maintenance of the branch operations will promote the general good of this state. The alien captive insurance company in this state after the commissioner's certificate of authority is issued shall also comply with titles 48 and 61. Acts 2011, ch. 468, § 1.
In the case of a captive insurance company seeking to become licensed as a branch captive insurance company, the alien captive insurance company shall petition the commissioner to issue a certificate setting forth the commissioner's finding that, after considering the character, reputation, financial responsibility, insurance experience, and business qualifications of the officers and directors of the alien captive insurance company, the licensing and maintenance of the branch operations will promote the general good of this state. The alien captive insurance company in this state after the commissioner's certificate of authority is issued shall also comply with titles 48 and 61.
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-51-116 — TN Code / Title 56 / Chapter 51 / Section 56-51-116
Genetic information restrictions
Status: in_force

A prepaid limited health service organization must comply with chapter 7, part 27 of this title. Acts 2000, ch. 948, § 16.
A prepaid limited health service organization must comply with chapter 7, part 27 of this title.
Acts 2000, ch. 948, § 16.
Tenn. Code Ann. § 56-9-503 — TN Code / Title 56 / Chapter 9 / Section 56-9-503
Administrative supervision of insurers by commissioner - Grounds for supervision - Duration of supervision
Status: in_force

(a) An insurer may be subject to administrative supervision by the commissioner if, upon examination or at any other time, it appears in the commissioner's discretion that: (1) The insurer's condition renders the continuance of its business hazardous to the public or to its insureds; (2) The insurer has exceeded its powers granted under its certificate of authority and applicable law; (3) The insurer has failed to comply with the applicable provisions of the insurance code; (4) The business of the insurer is being conducted fraudulently; or (5) The insurer gives its consent. (b) If the commissioner determines that the conditions set forth in subsection (a) exist, the commissioner shall: (1) Notify the insurer of the commissioner's determination; (2) Furnish to the insurer a written list of the requirements to abate this determination; and (3) Notify the insurer that it is under the supervision of the commissioner and that the commissioner is applying and effectuating this part. The action by the commissioner is subject to review pursuant to applicable state administrative procedures under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) If placed under administrative supervision, the insurer has sixty (60) days, or another period of time as designated by the commissioner, to comply with the requirements of the commissioner, subject to this chapter. (d) If it is determined, after notice and hearing, that the conditions giving rise to the supervision still exist at the end of the supervision period, the commissioner may extend the period. (e) If it is determined that none of the conditions giving rise to the supervision exist, the commissioner shall release the insurer from supervision. Acts 1991, ch. 142, § 4.
(a) An insurer may be subject to administrative supervision by the commissioner if, upon examination or at any other time, it appears in the commissioner's discretion that: (1) The insurer's condition renders the continuance of its business hazardous to the public or to its insureds; (2) The insurer has exceeded its powers granted under its certificate of authority and applicable law; (3) The insurer has failed to comply with the applicable provisions of the insurance code; (4) The business of the insurer is being conducted fraudulently; or (5) The insurer gives its consent.
(1) The insurer's condition renders the continuance of its business hazardous to the public or to its insureds;
(2) The insurer has exceeded its powers granted under its certificate of authority and applicable law;
(3) The insurer has failed to comply with the applicable provisions of the insurance code;
(4) The business of the insurer is being conducted fraudulently; or
(5) The insurer gives its consent.
(b) If the commissioner determines that the conditions set forth in subsection (a) exist, the commissioner shall: (1) Notify the insurer of the commissioner's determination; (2) Furnish to the insurer a written list of the requirements to abate this determination; and (3) Notify the insurer that it is under the supervision of the commissioner and that the commissioner is applying and effectuating this part. The action by the commissioner is subject to review pursuant to applicable state administrative procedures under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) Notify the insurer of the commissioner's determination;
(2) Furnish to the insurer a written list of the requirements to abate this determination; and
(3) Notify the insurer that it is under the supervision of the commissioner and that the commissioner is applying and effectuating this part. The action by the commissioner is subject to review pursuant to applicable state administrative procedures under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) If placed under administrative supervision, the insurer has sixty (60) days, or another period of time as designated by the commissioner, to comply with the requirements of the commissioner, subject to this chapter.
(d) If it is determined, after notice and hearing, that the conditions giving rise to the supervision still exist at the end of the supervision period, the commissioner may extend the period.
(e) If it is determined that none of the conditions giving rise to the supervision exist, the commissioner shall release the insurer from supervision.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-27-115 — TN Code / Title 56 / Chapter 27 / Section 56-27-115
Purchase of liability insurance authorized
Status: in_force

A medical service plan corporation is authorized to purchase a contract of insurance protecting the corporation or any officer or employee of the corporation, or any physician from liability for injuries resulting from negligence, misfeasance, malfeasance, nonfeasance or health care liability on the part of any officer or employee of the corporation, or on the part of any physician in the course of rendering medical services to beneficiaries. Acts 1945, ch. 113, § 22; C. Supp. 1950, § 4186.38 (Williams, § 4186.39); T.C.A. (orig. ed.), §56-2915; Acts 2012 , ch. 798, § 23.
A medical service plan corporation is authorized to purchase a contract of insurance protecting the corporation or any officer or employee of the corporation, or any physician from liability for injuries resulting from negligence, misfeasance, malfeasance, nonfeasance or health care liability on the part of any officer or employee of the corporation, or on the part of any physician in the course of rendering medical services to beneficiaries.
Acts 1945, ch. 113, § 22; C. Supp. 1950, § 4186.38 (Williams, § 4186.39); T.C.A. (orig. ed.), §56-2915; Acts 2012 , ch. 798, § 23.
Tenn. Code Ann. § 56-41-101 — TN Code / Title 56 / Chapter 41 / Section 56-41-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Association" means the Tennessee property and casualty insurance association; and (2) "Insurance" means "property insurance" as defined in § 56-2-201 , and "casualty insurance" as defined in § 56-2-201 , except for: (A) Hazardous waste or environmental impairment insurance; and (B) Any kind of insurance that is available through the Tennessee automobile insurance plan or any other existing residual market mechanism as defined in chapter 5 of this title. Acts 1987, ch. 439, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Association" means the Tennessee property and casualty insurance association; and
(2) "Insurance" means "property insurance" as defined in § 56-2-201 , and "casualty insurance" as defined in § 56-2-201 , except for: (A) Hazardous waste or environmental impairment insurance; and (B) Any kind of insurance that is available through the Tennessee automobile insurance plan or any other existing residual market mechanism as defined in chapter 5 of this title.
(A) Hazardous waste or environmental impairment insurance; and
(B) Any kind of insurance that is available through the Tennessee automobile insurance plan or any other existing residual market mechanism as defined in chapter 5 of this title.
Acts 1987, ch. 439, § 1.
Tenn. Code Ann. § 56-1-405 — TN Code / Title 56 / Chapter 1 / Section 56-1-405
Assets allowable as credits in account of financial condition
Status: in_force

The commissioner shall allow to the credit of an insurance company in the account of its financial condition only the assets that are or can be made available for the payment of losses in the state, but may credit any deposits of funds of the company set apart as security for a particular liability, or any deposits of funds of the company that are deposited for the purpose of meeting the requirements for doing business in another state or commonwealth. The commissioner may, in the commissioner's discretion, disallow stockholders' obligations of any description as part of the assets or capital of any insurance company, unless secured by competent collateral. Acts 1895, ch. 160, § 8; Shan., § 3291; Code 1932, § 6106; modified; T.C.A. (orig. ed.), § 56-117; Acts 1998, ch. 678, § 1.
The commissioner shall allow to the credit of an insurance company in the account of its financial condition only the assets that are or can be made available for the payment of losses in the state, but may credit any deposits of funds of the company set apart as security for a particular liability, or any deposits of funds of the company that are deposited for the purpose of meeting the requirements for doing business in another state or commonwealth. The commissioner may, in the commissioner's discretion, disallow stockholders' obligations of any description as part of the assets or capital of any insurance company, unless secured by competent collateral.
Acts 1895, ch. 160, § 8; Shan., § 3291; Code 1932, § 6106; modified; T.C.A. (orig. ed.), § 56-117; Acts 1998, ch. 678, § 1.
Tenn. Code Ann. § 56-3-102 — TN Code / Title 56 / Chapter 3 / Section 56-3-102
[Repealed]
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 873, s 9, eff. 5/3/2018. Acts 1907, ch. 454, § 2; 1925, ch. 66, § 1; Shan., § 3348a34; Code 1932, § 6209; T.C.A. (orig. ed.), § 56-215; impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-304.
Repealed by 2018 Tenn. Acts, ch. 873, s 9, eff. 5/3/2018.
Acts 1907, ch. 454, § 2; 1925, ch. 66, § 1; Shan., § 3348a34; Code 1932, § 6209; T.C.A. (orig. ed.), § 56-215; impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-304.
Tenn. Code Ann. § 56-5-120 — TN Code / Title 56 / Chapter 5 / Section 56-5-120
Designated rate service organizations - Uniform statistical plan - Workers' compensation insurers - Membership - Policy forms - Uniform classification scheme - Uniform experience rating plan
Status: in_force

(a) The commissioner may designate a rate service organization to assist in gathering, compiling and reporting relevant workers' compensation insurance statistical information. If the commissioner makes the designation, every workers' compensation insurer shall record and report its workers' compensation insurance experience to the designated rate service organization as set forth in the uniform statistical plan approved by the commissioner and if requested shall file a copy of the report with the commissioner. (b) Each workers' compensation insurer shall be a member of the workers' compensation insurance rate service organization. Each workers' compensation insurer shall adhere to the policy forms and rating rules filed by the designated rate service organization. (c) Every workers' compensation insurer shall adhere to a uniform classification system and uniform experience and retrospective rating plans that have been filed with the commissioner by the designated rate service organization and approved by the commissioner. (d) Subject to the approval of the commissioner, the rate service organization shall develop and file rules reasonably related to the recording and reporting of data pursuant to the uniform statistical plan, uniform experience rating plan and the uniform classification system. (e) For workers' compensation insurance provided in the voluntary market, no schedule rating plan shall limit its application to any risk based on premium size or eligibility for experience rating; provided, that the application for the plan to any individual risk shall not result in the premium for the risk being less than the classification minimum premium established for workers' compensation insurance. Acts 1996, ch. 944, § 40; 1997, ch. 533, §§ 15, 16; 1998, ch. 1024, § 19.
(a) The commissioner may designate a rate service organization to assist in gathering, compiling and reporting relevant workers' compensation insurance statistical information. If the commissioner makes the designation, every workers' compensation insurer shall record and report its workers' compensation insurance experience to the designated rate service organization as set forth in the uniform statistical plan approved by the commissioner and if requested shall file a copy of the report with the commissioner.
(b) Each workers' compensation insurer shall be a member of the workers' compensation insurance rate service organization. Each workers' compensation insurer shall adhere to the policy forms and rating rules filed by the designated rate service organization.
(c) Every workers' compensation insurer shall adhere to a uniform classification system and uniform experience and retrospective rating plans that have been filed with the commissioner by the designated rate service organization and approved by the commissioner.
(d) Subject to the approval of the commissioner, the rate service organization shall develop and file rules reasonably related to the recording and reporting of data pursuant to the uniform statistical plan, uniform experience rating plan and the uniform classification system.
(e) For workers' compensation insurance provided in the voluntary market, no schedule rating plan shall limit its application to any risk based on premium size or eligibility for experience rating; provided, that the application for the plan to any individual risk shall not result in the premium for the risk being less than the classification minimum premium established for workers' compensation insurance.
Acts 1996, ch. 944, § 40; 1997, ch. 533, §§ 15, 16; 1998, ch. 1024, § 19.
Tenn. Code Ann. § 56-7-1017 — TN Code / Title 56 / Chapter 7 / Section 56-7-1017
Prohibition against a dental insurance plan from requiring a participating dentist to provide services to covered individuals at a fee set by the plan - Sanctions
Status: in_force

(a) As used in this section: (1) "Covered services" means dental care for which a reimbursement is available under the enrollee's plan contract, or for which a reimbursement would be available but for the application of contractual limitations such as deductibles, copayments, coinsurance, waiting periods, annual or lifetime maximums, frequency limitations, alternative benefits payments, or any other limitation; and (2) "Participating provider" means a dentist licensed to practice dentistry in this state, who provides dental services to an enrollee at a fee set by or at a fee subject to the approval of an insurer, dental services plan, third party administrator or any other party that contracts to provide dental services. (b) No contract offered by any insurer, dental service plan, third party administrator or other party that covers any dental services, and no contract or participating provider agreement with a dentist may require, directly or indirectly, that a dentist who is a participating provider, provide services to an enrollee at a fee set by, or at a fee subject to the approval of the dental service plan, insurer, third party administrator or other party that covers any dental plan services unless the dental services are covered services. (c) No contract offered by any insurer, dental service plan, third party administrator or other party with a participating provider that covers any covered services may provide nominal or de minimis coverage for covered services under the contract for the sole purpose of avoiding the requirements of this section. (d) Nothing in this section shall apply to the TennCare program and any medical assistance provided pursuant to title 71, chapter 5, or to the state children's health insurance program established under title XXI of the Social Security Act, subchapter XXI, chapter 7 of title 42 ( 42 U.S.C. § 1397aa et seq.). (e) A violation of this section may subject the insurer, dental service plan, third-party administrator, or other party that covers any dental services to the sanctions described in § 56-2-305 . Amended by 2024 Tenn. Acts, ch. 589,s 2, eff. 7/1/2024. Acts 2011 , ch. 240, § 1.
(a) As used in this section: (1) "Covered services" means dental care for which a reimbursement is available under the enrollee's plan contract, or for which a reimbursement would be available but for the application of contractual limitations such as deductibles, copayments, coinsurance, waiting periods, annual or lifetime maximums, frequency limitations, alternative benefits payments, or any other limitation; and (2) "Participating provider" means a dentist licensed to practice dentistry in this state, who provides dental services to an enrollee at a fee set by or at a fee subject to the approval of an insurer, dental services plan, third party administrator or any other party that contracts to provide dental services.
(1) "Covered services" means dental care for which a reimbursement is available under the enrollee's plan contract, or for which a reimbursement would be available but for the application of contractual limitations such as deductibles, copayments, coinsurance, waiting periods, annual or lifetime maximums, frequency limitations, alternative benefits payments, or any other limitation; and
(2) "Participating provider" means a dentist licensed to practice dentistry in this state, who provides dental services to an enrollee at a fee set by or at a fee subject to the approval of an insurer, dental services plan, third party administrator or any other party that contracts to provide dental services.
(b) No contract offered by any insurer, dental service plan, third party administrator or other party that covers any dental services, and no contract or participating provider agreement with a dentist may require, directly or indirectly, that a dentist who is a participating provider, provide services to an enrollee at a fee set by, or at a fee subject to the approval of the dental service plan, insurer, third party administrator or other party that covers any dental plan services unless the dental services are covered services.
(c) No contract offered by any insurer, dental service plan, third party administrator or other party with a participating provider that covers any covered services may provide nominal or de minimis coverage for covered services under the contract for the sole purpose of avoiding the requirements of this section.
(d) Nothing in this section shall apply to the TennCare program and any medical assistance provided pursuant to title 71, chapter 5, or to the state children's health insurance program established under title XXI of the Social Security Act, subchapter XXI, chapter 7 of title 42 ( 42 U.S.C. § 1397aa et seq.).
(e) A violation of this section may subject the insurer, dental service plan, third-party administrator, or other party that covers any dental services to the sanctions described in § 56-2-305 .
Amended by 2024 Tenn. Acts, ch. 589,s 2, eff. 7/1/2024.
Acts 2011 , ch. 240, § 1.
Tenn. Code Ann. § 56-23-111 — TN Code / Title 56 / Chapter 23 / Section 56-23-111
Assets - Investments - Loans - Foreign investments
Status: in_force

Sections 56-3-103 , 56-3-104 and 56-3-302 - 56-3-307 are applicable to any company organized and doing business under this chapter. Acts 1973, ch. 293, § 11; T.C.A., § 56-4211.
Sections 56-3-103 , 56-3-104 and 56-3-302 - 56-3-307 are applicable to any company organized and doing business under this chapter.
Acts 1973, ch. 293, § 11; T.C.A., § 56-4211.
Tenn. Code Ann. § 56-46-101 — TN Code / Title 56 / Chapter 46 / Section 56-46-101
Short title
Status: in_force

This part shall be known and may be cited as the "Risk-Based Capital for Insurers Act." Amended by 2014 Tenn. Acts, ch. 559,s 2, eff. 3/21/2014. Acts 1996, ch. 750, § 2.
This part shall be known and may be cited as the "Risk-Based Capital for Insurers Act."
Amended by 2014 Tenn. Acts, ch. 559,s 2, eff. 3/21/2014.
Acts 1996, ch. 750, § 2.
Tenn. Code Ann. § 56-2-606 — TN Code / Title 56 / Chapter 2 / Section 56-2-606
Provisions supplemental
Status: in_force

Nothing contained in §§ 56-2-602 - 56-2-605 and this section shall limit or abridge the right to serve any process, notice or demand upon any insurer in any other manner now or hereafter permitted by law. Acts 1955, ch. 2, § 2; T.C.A., §§ 56-332, 56-251.
Nothing contained in §§ 56-2-602 - 56-2-605 and this section shall limit or abridge the right to serve any process, notice or demand upon any insurer in any other manner now or hereafter permitted by law.
Acts 1955, ch. 2, § 2; T.C.A., §§ 56-332, 56-251.
Tenn. Code Ann. § 56-7-1019 — TN Code / Title 56 / Chapter 7 / Section 56-7-1019
Complex rehabilitation technology (CRT)
Status: in_force

(a) Notwithstanding § 56-7-1018 , a health insurance entity that offers health insurance coverage of complex rehabilitation technology (CRT) or manual wheelchairs shall not require a prior authorization for repairs of such technology or equipment unless: (1) The repairs are covered under a manufacturer's warranty; (2) The cost of the repairs exceeds the cost to replace the CRT or manual wheelchair; or (3) The CRT or manual wheelchair in need of repair is subject to replacement because the age of the CRT or manual wheelchair exceeds, or is within one (1) year of the expiration of, the recommended lifespan of the CRT or manual wheelchair. (b) As used in this section: (1) "Complex rehabilitation technology" has the same meaning as defined in § 71-5-159 ; (2) "Health insurance coverage" has the same meaning as defined in § 56-7-109 ; and (3) "Health insurance entity" has the same meaning as defined in § 56-7-109 . Acts 2023, ch. 447, § 1.
(a) Notwithstanding § 56-7-1018 , a health insurance entity that offers health insurance coverage of complex rehabilitation technology (CRT) or manual wheelchairs shall not require a prior authorization for repairs of such technology or equipment unless: (1) The repairs are covered under a manufacturer's warranty; (2) The cost of the repairs exceeds the cost to replace the CRT or manual wheelchair; or (3) The CRT or manual wheelchair in need of repair is subject to replacement because the age of the CRT or manual wheelchair exceeds, or is within one (1) year of the expiration of, the recommended lifespan of the CRT or manual wheelchair.
(1) The repairs are covered under a manufacturer's warranty;
(2) The cost of the repairs exceeds the cost to replace the CRT or manual wheelchair; or
(3) The CRT or manual wheelchair in need of repair is subject to replacement because the age of the CRT or manual wheelchair exceeds, or is within one (1) year of the expiration of, the recommended lifespan of the CRT or manual wheelchair.
(b) As used in this section: (1) "Complex rehabilitation technology" has the same meaning as defined in § 71-5-159 ; (2) "Health insurance coverage" has the same meaning as defined in § 56-7-109 ; and (3) "Health insurance entity" has the same meaning as defined in § 56-7-109 .
(1) "Complex rehabilitation technology" has the same meaning as defined in § 71-5-159 ;
(2) "Health insurance coverage" has the same meaning as defined in § 56-7-109 ; and
(3) "Health insurance entity" has the same meaning as defined in § 56-7-109 .
Acts 2023, ch. 447, § 1.
Tenn. Code Ann. § 56-13-301 — TN Code / Title 56 / Chapter 13 / Section 56-13-301
Establishment of branch captive insurance companies
Status: in_force

(a) A branch captive insurance company may be established in this state, in accordance with this chapter, to write in this state any insurance or reinsurance of the employee benefit business of its parent and affiliated companies that is subject to the Employee Retirement Income Security Act of 1974, as amended, or any insurance or reinsurance permitted to be written by captive insurance companies pursuant to this chapter. In addition to any applicable provisions of this chapter, this part shall apply to branch captive insurance companies. (b) No branch captive insurance company shall do any insurance business in this state unless it maintains the principal place of business for its branch operations in this state. Acts 2011, ch. 468, § 1.
(a) A branch captive insurance company may be established in this state, in accordance with this chapter, to write in this state any insurance or reinsurance of the employee benefit business of its parent and affiliated companies that is subject to the Employee Retirement Income Security Act of 1974, as amended, or any insurance or reinsurance permitted to be written by captive insurance companies pursuant to this chapter. In addition to any applicable provisions of this chapter, this part shall apply to branch captive insurance companies.
(b) No branch captive insurance company shall do any insurance business in this state unless it maintains the principal place of business for its branch operations in this state.
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-5-107 — TN Code / Title 56 / Chapter 5 / Section 56-5-107
Inspection of filings - Surcharges - Residual market mechanisms - Alternative filings
Status: in_force

(a) Filings Open to Inspection. All rates, supplementary rate information, policy forms, endorsements, and any supporting information filed under this part shall, as soon as filed, be open to public inspection at any reasonable time, except any information that is a trade secret under the Uniform Trade Secrets Act, compiled in title 47, chapter 25, part 17, as determined by the commissioner in the commissioner's sole discretion. The insurer or filer shall have the burden of asserting to the commissioner that the information is a trade secret. Insurers may file certain information with the commissioner for a determination as to whether it would be held to be a trade secret under this subsection (a). Such information shall not be made public during the pendency of the review. Should it be determined that such information is not trade secret information, then the commissioner shall return such information to the insurer or filer. Copies of public information may be obtained by any person on request and upon payment of a reasonable charge. (b) Consent to Rate. Notwithstanding any other provisions of this part, upon written application of an insured, stating specific reasons why a risk requires higher than standard rates on file by an insurer, a rate in excess of that provided by a filing otherwise applicable may be used on a specific risk. An endorsement shall be attached to the policy, giving the reasons and the percentage of surcharge. A copy of the endorsement shall be kept by the insurer and its agent. The copies shall be made available to the commissioner upon request for review to determine that the rates are not excessive, inadequate or unfairly discriminatory. (c) Residual Market Mechanism. No filing, whether personal or commercial risk, shall be used for a residual market mechanism until it has become effective pursuant to § 56-5-105 . (d) Rate Service Organization Filings. (1) (A) The filings required by §§ 56-5-105 and 56-5-106 , except § 56-5-106(d) , including advisory prospective loss costs, other than rates for policies issued pursuant to any residual market mechanism for workers' compensation insurance established under § 56-5-114 , may be made by a rate service organization designated by an insurer. (B) The filings required by § 56-5-106 for rates for policies issued pursuant to any residual market mechanism established under § 56-5-114 for workers' compensation insurance shall be made by a rate service organization designated by the commissioner. (2) An insurer may make a filing, for lines other than workers' compensation, in compliance with §§ 56-5-105 and 56-5-106 and by giving written notice to the commissioner that the insurer is following rates as filed by a rate service organization in a particular line with any exceptions clearly set forth as are necessary to fully inform the commissioner. (e) Reference Filings. An insurer may file by reference to rates, supplementary rate information, supporting information, and policy forms and endorsements filed by and effective for another insurer or a rate service organization. (f) Number of Rate Filings. A company shall not be limited in the number of rate filings which a company may file in any one (1) calendar year; however, should a company make more than one (1) rate filing in one (1) calendar year for a single type of insurance coverage, the company shall pay to the commissioner for each additional rate filing the fee of two hundred fifty dollars ($250) as well as all costs incurred by the commissioner for an actuarial review of the rate filing. The fee provided for by this subsection (f) and cost requirements shall not apply to advisory prospective loss cost filings by the commissioner's designated rate service organization. Amended by 2018 Tenn. Acts, ch. 996,s 3, eff. 5/21/2018. Acts 1983, ch. 66, § 8; 1996, ch. 944, § 37; 2003, ch. 215, § 3; 2010, ch. 837, § 1.
(a) Filings Open to Inspection. All rates, supplementary rate information, policy forms, endorsements, and any supporting information filed under this part shall, as soon as filed, be open to public inspection at any reasonable time, except any information that is a trade secret under the Uniform Trade Secrets Act, compiled in title 47, chapter 25, part 17, as determined by the commissioner in the commissioner's sole discretion. The insurer or filer shall have the burden of asserting to the commissioner that the information is a trade secret. Insurers may file certain information with the commissioner for a determination as to whether it would be held to be a trade secret under this subsection (a). Such information shall not be made public during the pendency of the review. Should it be determined that such information is not trade secret information, then the commissioner shall return such information to the insurer or filer. Copies of public information may be obtained by any person on request and upon payment of a reasonable charge.
(b) Consent to Rate. Notwithstanding any other provisions of this part, upon written application of an insured, stating specific reasons why a risk requires higher than standard rates on file by an insurer, a rate in excess of that provided by a filing otherwise applicable may be used on a specific risk. An endorsement shall be attached to the policy, giving the reasons and the percentage of surcharge. A copy of the endorsement shall be kept by the insurer and its agent. The copies shall be made available to the commissioner upon request for review to determine that the rates are not excessive, inadequate or unfairly discriminatory.
(c) Residual Market Mechanism. No filing, whether personal or commercial risk, shall be used for a residual market mechanism until it has become effective pursuant to § 56-5-105 .
(d) Rate Service Organization Filings. (1) (A) The filings required by §§ 56-5-105 and 56-5-106 , except § 56-5-106(d) , including advisory prospective loss costs, other than rates for policies issued pursuant to any residual market mechanism for workers' compensation insurance established under § 56-5-114 , may be made by a rate service organization designated by an insurer. (B) The filings required by § 56-5-106 for rates for policies issued pursuant to any residual market mechanism established under § 56-5-114 for workers' compensation insurance shall be made by a rate service organization designated by the commissioner. (2) An insurer may make a filing, for lines other than workers' compensation, in compliance with §§ 56-5-105 and 56-5-106 and by giving written notice to the commissioner that the insurer is following rates as filed by a rate service organization in a particular line with any exceptions clearly set forth as are necessary to fully inform the commissioner.
(1) (A) The filings required by §§ 56-5-105 and 56-5-106 , except § 56-5-106(d) , including advisory prospective loss costs, other than rates for policies issued pursuant to any residual market mechanism for workers' compensation insurance established under § 56-5-114 , may be made by a rate service organization designated by an insurer. (B) The filings required by § 56-5-106 for rates for policies issued pursuant to any residual market mechanism established under § 56-5-114 for workers' compensation insurance shall be made by a rate service organization designated by the commissioner.
(A) The filings required by §§ 56-5-105 and 56-5-106 , except § 56-5-106(d) , including advisory prospective loss costs, other than rates for policies issued pursuant to any residual market mechanism for workers' compensation insurance established under § 56-5-114 , may be made by a rate service organization designated by an insurer.
(B) The filings required by § 56-5-106 for rates for policies issued pursuant to any residual market mechanism established under § 56-5-114 for workers' compensation insurance shall be made by a rate service organization designated by the commissioner.
(2) An insurer may make a filing, for lines other than workers' compensation, in compliance with §§ 56-5-105 and 56-5-106 and by giving written notice to the commissioner that the insurer is following rates as filed by a rate service organization in a particular line with any exceptions clearly set forth as are necessary to fully inform the commissioner.
(e) Reference Filings. An insurer may file by reference to rates, supplementary rate information, supporting information, and policy forms and endorsements filed by and effective for another insurer or a rate service organization.
(f) Number of Rate Filings. A company shall not be limited in the number of rate filings which a company may file in any one (1) calendar year; however, should a company make more than one (1) rate filing in one (1) calendar year for a single type of insurance coverage, the company shall pay to the commissioner for each additional rate filing the fee of two hundred fifty dollars ($250) as well as all costs incurred by the commissioner for an actuarial review of the rate filing. The fee provided for by this subsection (f) and cost requirements shall not apply to advisory prospective loss cost filings by the commissioner's designated rate service organization.
Amended by 2018 Tenn. Acts, ch. 996,s 3, eff. 5/21/2018.
Acts 1983, ch. 66, § 8; 1996, ch. 944, § 37; 2003, ch. 215, § 3; 2010, ch. 837, § 1.
Tenn. Code Ann. § 56-7-116 — TN Code / Title 56 / Chapter 7 / Section 56-7-116
Healthcare sharing ministry
Status: in_force

For purposes of this title, a healthcare sharing ministry, as defined in § 48-51-201 , is not considered to be engaging in the business of insurance. Added by 2024 Tenn. Acts, ch. 526,s 3, eff. 3/7/2024.
For purposes of this title, a healthcare sharing ministry, as defined in § 48-51-201 , is not considered to be engaging in the business of insurance.
Added by 2024 Tenn. Acts, ch. 526,s 3, eff. 3/7/2024.
Tenn. Code Ann. § 56-10-207 — TN Code / Title 56 / Chapter 10 / Section 56-10-207
Right of appeal
Status: in_force

Any person aggrieved by any act of the commissioner under this part may appeal therefrom to the chancery court for Davidson County. Acts 1969, ch. 271, § 7; T.C.A., § 56-3618.
Any person aggrieved by any act of the commissioner under this part may appeal therefrom to the chancery court for Davidson County.
Acts 1969, ch. 271, § 7; T.C.A., § 56-3618.
Tenn. Code Ann. § 56-8-206 — TN Code / Title 56 / Chapter 8 / Section 56-8-206
Investigations
Status: in_force

The commissioner shall conduct a reasonable investigation based on a written and signed complaint received by the commissioner and issue a prompt determination as to whether a violation of this part has occurred. If the commissioner finds from the investigation that a violation of this part may have occurred, the commissioner shall promptly begin proceedings to address the violation pursuant to §§ 56-8-108 and 56-8-109 . Acts 1996, ch. 723, § 5.
The commissioner shall conduct a reasonable investigation based on a written and signed complaint received by the commissioner and issue a prompt determination as to whether a violation of this part has occurred. If the commissioner finds from the investigation that a violation of this part may have occurred, the commissioner shall promptly begin proceedings to address the violation pursuant to §§ 56-8-108 and 56-8-109 .
Acts 1996, ch. 723, § 5.
Tenn. Code Ann. § 56-4-405 — TN Code / Title 56 / Chapter 4 / Section 56-4-405
Powers of commissioner - Failure or refusal to file a return, filing a false and fraudulent return
Status: in_force

(a) The commissioner is vested with the following powers: (1) To examine the books and records of the production credit association for the purpose of determining the amount of taxes due, in the event of the failure of the association to make its return or for the purpose of verifying or correcting any return made; and (2) To issue distress warrants for the collection of any taxes due and unpaid or to institute suit in the courts of law or chancery, for the use and benefit of the state; and (b) Upon the failure or refusal of any association to file a return, or upon the filing of a false and fraudulent return, the association shall thereafter be estopped to dispute the accuracy of the assessment made by the commissioner. Acts 1951, ch. 45, § 6 (Williams, § 1248.184); T.C.A. (orig. ed.), §§ 67-4505, 67-4-1305; Acts 1988, ch. 526, § 12.
(a) The commissioner is vested with the following powers: (1) To examine the books and records of the production credit association for the purpose of determining the amount of taxes due, in the event of the failure of the association to make its return or for the purpose of verifying or correcting any return made; and (2) To issue distress warrants for the collection of any taxes due and unpaid or to institute suit in the courts of law or chancery, for the use and benefit of the state; and
(1) To examine the books and records of the production credit association for the purpose of determining the amount of taxes due, in the event of the failure of the association to make its return or for the purpose of verifying or correcting any return made; and
(2) To issue distress warrants for the collection of any taxes due and unpaid or to institute suit in the courts of law or chancery, for the use and benefit of the state; and
(b) Upon the failure or refusal of any association to file a return, or upon the filing of a false and fraudulent return, the association shall thereafter be estopped to dispute the accuracy of the assessment made by the commissioner.
Acts 1951, ch. 45, § 6 (Williams, § 1248.184); T.C.A. (orig. ed.), §§ 67-4505, 67-4-1305; Acts 1988, ch. 526, § 12.
Tenn. Code Ann. § 56-7-707 — TN Code / Title 56 / Chapter 7 / Section 56-7-707
Industrial or fraternal insurance policies or certificates not to be issued to unhealthy persons
Status: in_force

No officer, director, agent, physician, or other person shall, with intent to defraud, knowingly issue or cause to be issued or aid in issuing an industrial policy or benefit certificate to any infirm or unhealthy person who is not in insurable condition, nor aid in reinstating in membership or policy standing any infirm or unhealthy person. Acts 1917, ch. 7, § 2; Shan., § 3369a152; Code 1932, § 6445; T.C.A. (orig. ed.), § 56-1134; Acts 1989, ch. 591, § 113.
No officer, director, agent, physician, or other person shall, with intent to defraud, knowingly issue or cause to be issued or aid in issuing an industrial policy or benefit certificate to any infirm or unhealthy person who is not in insurable condition, nor aid in reinstating in membership or policy standing any infirm or unhealthy person.
Acts 1917, ch. 7, § 2; Shan., § 3369a152; Code 1932, § 6445; T.C.A. (orig. ed.), § 56-1134; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 56-37-107 — TN Code / Title 56 / Chapter 37 / Section 56-37-107
Premium finance agreement - Contents
Status: in_force

(a) A premium finance agreement shall: (1) Be dated and signed by the insured or on behalf of the insured by a power of attorney, and its printed portion shall be in at least eight-point type; (2) Contain the name and place of business of the insurance agent negotiating the related insurance contract, the name and residence or the place of business of the insured as specified by the insured, the name and place of business of the premium finance company to which payments are to be made, a brief description of the insurance contracts involved and the amount of the premium; and (3) Set forth the following items where applicable: (A) The total amount of the premiums; (B) The amount of the down payment; (C) The principal balance (the difference between subdivisions (a)(3)(A) and (B)); (D) The amount of the interest; (E) The balance payable by the insured (sum of subdivisions (a)(3)(C) and (D)); and (F) The number of installments required, the amount of each installment expressed in dollars, and the due date or period of the installments. (b) The items set out in subdivision (a)(3) need not be stated in the sequence or order in which they appear in subdivision (a)(3), and additional items may be included to explain the computations made in determining the amount to be paid by the insured. Compliance with the federal Truth In Lending Act ( 15 U.S.C. § 1601 et seq.), will satisfy disclosure requirements of this section. Acts 1980, ch. 920, § 7.
(a) A premium finance agreement shall: (1) Be dated and signed by the insured or on behalf of the insured by a power of attorney, and its printed portion shall be in at least eight-point type; (2) Contain the name and place of business of the insurance agent negotiating the related insurance contract, the name and residence or the place of business of the insured as specified by the insured, the name and place of business of the premium finance company to which payments are to be made, a brief description of the insurance contracts involved and the amount of the premium; and (3) Set forth the following items where applicable: (A) The total amount of the premiums; (B) The amount of the down payment; (C) The principal balance (the difference between subdivisions (a)(3)(A) and (B)); (D) The amount of the interest; (E) The balance payable by the insured (sum of subdivisions (a)(3)(C) and (D)); and (F) The number of installments required, the amount of each installment expressed in dollars, and the due date or period of the installments.
(1) Be dated and signed by the insured or on behalf of the insured by a power of attorney, and its printed portion shall be in at least eight-point type;
(2) Contain the name and place of business of the insurance agent negotiating the related insurance contract, the name and residence or the place of business of the insured as specified by the insured, the name and place of business of the premium finance company to which payments are to be made, a brief description of the insurance contracts involved and the amount of the premium; and
(3) Set forth the following items where applicable: (A) The total amount of the premiums; (B) The amount of the down payment; (C) The principal balance (the difference between subdivisions (a)(3)(A) and (B)); (D) The amount of the interest; (E) The balance payable by the insured (sum of subdivisions (a)(3)(C) and (D)); and (F) The number of installments required, the amount of each installment expressed in dollars, and the due date or period of the installments.
(A) The total amount of the premiums;
(B) The amount of the down payment;
(C) The principal balance (the difference between subdivisions (a)(3)(A) and (B));
(D) The amount of the interest;
(E) The balance payable by the insured (sum of subdivisions (a)(3)(C) and (D)); and
(F) The number of installments required, the amount of each installment expressed in dollars, and the due date or period of the installments.
(b) The items set out in subdivision (a)(3) need not be stated in the sequence or order in which they appear in subdivision (a)(3), and additional items may be included to explain the computations made in determining the amount to be paid by the insured. Compliance with the federal Truth In Lending Act ( 15 U.S.C. § 1601 et seq.), will satisfy disclosure requirements of this section.
Acts 1980, ch. 920, § 7.
Tenn. Code Ann. § 56-6-412 — TN Code / Title 56 / Chapter 6 / Section 56-6-412
Federally regulated trusts
Status: in_force

This part shall not be applicable to those trusts regulated by the federal government. Acts 1980, ch. 640, § 12.
This part shall not be applicable to those trusts regulated by the federal government.
Acts 1980, ch. 640, § 12.
Tenn. Code Ann. § 56-19-119 — TN Code / Title 56 / Chapter 19 / Section 56-19-119
Annual report - Examination - Information required
Status: in_force

Every mutual insurance company shall make its annual report in such form and submit to such examinations and furnish such information as may be required by the commissioner. As far as practicable, the examinations of foreign mutual insurance companies shall be made in cooperation with the insurance departments of other states and the forms of the annual report shall be such as are in general use throughout the United States. Acts 1919, ch. 108, § 17; Shan. Supp., § 3369a58b23; Code 1932, § 6335; T.C.A. (orig. ed.), § 56-1719.
Every mutual insurance company shall make its annual report in such form and submit to such examinations and furnish such information as may be required by the commissioner. As far as practicable, the examinations of foreign mutual insurance companies shall be made in cooperation with the insurance departments of other states and the forms of the annual report shall be such as are in general use throughout the United States.
Acts 1919, ch. 108, § 17; Shan. Supp., § 3369a58b23; Code 1932, § 6335; T.C.A. (orig. ed.), § 56-1719.
Tenn. Code Ann. § 56-7-3718 — TN Code / Title 56 / Chapter 7 / Section 56-7-3718
Prior authorization requirements
Status: in_force

A health carrier or utilization review organization shall, at least annually, review its prior authorization requirements and consider removal of prior authorization where a prescription or medical service check is customary and properly indicated or is a treatment for the clinical indication as supported by peer-reviewed medical publications. Amended by 2023 Tenn. Acts, ch. 395, s 4, eff. 1/1/2025.
A health carrier or utilization review organization shall, at least annually, review its prior authorization requirements and consider removal of prior authorization where a prescription or medical service check is customary and properly indicated or is a treatment for the clinical indication as supported by peer-reviewed medical publications.
Amended by 2023 Tenn. Acts, ch. 395, s 4, eff. 1/1/2025.
Tenn. Code Ann. § 56-37-114 — TN Code / Title 56 / Chapter 37 / Section 56-37-114
Exemptions
Status: in_force

This chapter does not apply to: (1) The financing of insurance premiums by any seller who sells goods or services pursuant to an installment sale contract wherein a time price differential is charged, or to any building or savings and loan association, bank, trust company, industrial loan and thrift company or credit union authorized to do business in this state, which finances insurance premiums incidental to other extensions of credit; (2) Any insurance company, association or exchange authorized to do business in this state that solely finances the insurance premiums for the insurance policies it issues or a subsidiary of an authorized insurer admitted in this state or a corporation under substantially the same management or control as an admitted insurer or group of insurers, where the subsidiary, managed or controlled company is engaged in the business of financing insurance premiums on policies issued only by its parent insurer or affiliated group of insurers; and (3) Any insurance agent or producing agent licensed to do business in this state who finances premiums on policies solely written by the agent or producing agent. Acts 1980, ch. 920, § 14; 1981, ch. 414, § 4.
This chapter does not apply to:
(1) The financing of insurance premiums by any seller who sells goods or services pursuant to an installment sale contract wherein a time price differential is charged, or to any building or savings and loan association, bank, trust company, industrial loan and thrift company or credit union authorized to do business in this state, which finances insurance premiums incidental to other extensions of credit;
(2) Any insurance company, association or exchange authorized to do business in this state that solely finances the insurance premiums for the insurance policies it issues or a subsidiary of an authorized insurer admitted in this state or a corporation under substantially the same management or control as an admitted insurer or group of insurers, where the subsidiary, managed or controlled company is engaged in the business of financing insurance premiums on policies issued only by its parent insurer or affiliated group of insurers; and
(3) Any insurance agent or producing agent licensed to do business in this state who finances premiums on policies solely written by the agent or producing agent.
Acts 1980, ch. 920, § 14; 1981, ch. 414, § 4.
Tenn. Code Ann. § 56-9-408 — TN Code / Title 56 / Chapter 9 / Section 56-9-408
Attachment, garnishment or levy of execution
Status: in_force

During the pendency in this or any other state of a liquidation proceeding, whether called by that name or not, no action or proceeding in the nature of an attachment, garnishment or levy of execution shall be commenced or maintained in this state against the delinquent insurer or its assets. Acts 1991, ch. 142, § 4.
During the pendency in this or any other state of a liquidation proceeding, whether called by that name or not, no action or proceeding in the nature of an attachment, garnishment or levy of execution shall be commenced or maintained in this state against the delinquent insurer or its assets.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-31-111 — TN Code / Title 56 / Chapter 31 / Section 56-31-111
Issuance of license - Prerequisites
Status: in_force

The commissioner shall issue a license upon compliance with this chapter, and other proper requirements of the commissioner, and upon being satisfied that: (1) All items required to be filed are in proper form, as required by this chapter, and meet the approval of the commissioner; (2) The applicant is established as a bona fide vision service plan corporation, and the service rendered by the corporation is not an unnecessary duplication of similar services in the community served, and is desirable for public necessity and convenience, and a fair opportunity has been given to all duly licensed optometrists in the area to be served to become participating optometrists; (3) The solicitations of contracts by the corporation and its conditions or methods of operation are fair and reasonable; (4) The rates charged are fair, reasonable, adequate and not unfairly discriminatory, and the benefits to be provided are fair, reasonable and not unfairly discriminatory. The rates may differ between subscribers in recognized groups and subscribers not in groups, all subject to the approval of the commissioner; (5) The amount of money actually available for working capital is sufficient to carry all acquisition costs and operating expenses for a period of at least six (6) months from the date of the issuance of the certificate, or two thousand five hundred dollars ($2,500), whichever amount is larger. Repayment of any working capital obtained through loans, and payment of any interest thereon, shall be permitted only after adequate provisions have been made for operating expenses, payments to participating optometrists and the establishment of legal reserves and other reserves that may be required by the commissioner; (6) Every vision service corporation shall maintain at all times proper reserves, subject to the approval of the commissioner, for unearned subscription fees and unearned premiums, and for unpaid vision service bills. In addition, a contingency reserve shall be accumulated annually at the rate of not less than two and one half percent (2.5%) of net premium income. When the contingency reserves equal seventy-five thousand dollars ($75,000), or fifty-five percent (55%) of the annual premium income, whichever is higher, further accumulations may be discontinued for any length of time not required to meet the requirements of this subdivision (6); (7) In the county or counties or areas in which a corporation proposes to operate, fifty-one percent (51%) or more of the resident optometrists have agreed to render vision services for which the corporation agrees to pay, or that at least twenty-five percent (25%) of the optometrists duly licensed to practice in this state have agreed to render vision services for corporations organized or to be organized pursuant to this chapter; and (8) A provision has been made in the subscription contract authorizing vision services other than by participating optometrists, in which case money benefits shall be provided as specified in the subscription contract, and approved as fair by the commissioner. The certificate of authority issued by the commissioner to operate a vision service plan or plans will be limited by the commissioner to the contracts and practices approved by the commissioner, and may be further limited to the county or counties or areas that the commissioner deems in the public interest. Acts 1969, ch. 118, § 12; T.C.A., § 56-3711.
The commissioner shall issue a license upon compliance with this chapter, and other proper requirements of the commissioner, and upon being satisfied that:
(1) All items required to be filed are in proper form, as required by this chapter, and meet the approval of the commissioner;
(2) The applicant is established as a bona fide vision service plan corporation, and the service rendered by the corporation is not an unnecessary duplication of similar services in the community served, and is desirable for public necessity and convenience, and a fair opportunity has been given to all duly licensed optometrists in the area to be served to become participating optometrists;
(3) The solicitations of contracts by the corporation and its conditions or methods of operation are fair and reasonable;
(4) The rates charged are fair, reasonable, adequate and not unfairly discriminatory, and the benefits to be provided are fair, reasonable and not unfairly discriminatory. The rates may differ between subscribers in recognized groups and subscribers not in groups, all subject to the approval of the commissioner;
(5) The amount of money actually available for working capital is sufficient to carry all acquisition costs and operating expenses for a period of at least six (6) months from the date of the issuance of the certificate, or two thousand five hundred dollars ($2,500), whichever amount is larger. Repayment of any working capital obtained through loans, and payment of any interest thereon, shall be permitted only after adequate provisions have been made for operating expenses, payments to participating optometrists and the establishment of legal reserves and other reserves that may be required by the commissioner;
(6) Every vision service corporation shall maintain at all times proper reserves, subject to the approval of the commissioner, for unearned subscription fees and unearned premiums, and for unpaid vision service bills. In addition, a contingency reserve shall be accumulated annually at the rate of not less than two and one half percent (2.5%) of net premium income. When the contingency reserves equal seventy-five thousand dollars ($75,000), or fifty-five percent (55%) of the annual premium income, whichever is higher, further accumulations may be discontinued for any length of time not required to meet the requirements of this subdivision (6);
(7) In the county or counties or areas in which a corporation proposes to operate, fifty-one percent (51%) or more of the resident optometrists have agreed to render vision services for which the corporation agrees to pay, or that at least twenty-five percent (25%) of the optometrists duly licensed to practice in this state have agreed to render vision services for corporations organized or to be organized pursuant to this chapter; and
(8) A provision has been made in the subscription contract authorizing vision services other than by participating optometrists, in which case money benefits shall be provided as specified in the subscription contract, and approved as fair by the commissioner. The certificate of authority issued by the commissioner to operate a vision service plan or plans will be limited by the commissioner to the contracts and practices approved by the commissioner, and may be further limited to the county or counties or areas that the commissioner deems in the public interest.
Acts 1969, ch. 118, § 12; T.C.A., § 56-3711.
Tenn. Code Ann. § 56-5-204 — TN Code / Title 56 / Chapter 5 / Section 56-5-204
Indemnification
Status: in_force

An insurer shall indemnify, defend, and hold an insurance producer harmless from and against all liability, fees and costs arising out of or relating to the actions, errors or omissions of an insurance producer who obtains or uses credit history or insurance scores, or both, for an insurer, provided the insurance producer follows the instructions of or procedures established by the insurer and complies with any applicable law or act. Nothing in this section shall be construed to provide an applicant or insured with a cause of action that does not exist in the absence of this section. Acts 2004, ch. 527, § 5.
An insurer shall indemnify, defend, and hold an insurance producer harmless from and against all liability, fees and costs arising out of or relating to the actions, errors or omissions of an insurance producer who obtains or uses credit history or insurance scores, or both, for an insurer, provided the insurance producer follows the instructions of or procedures established by the insurer and complies with any applicable law or act. Nothing in this section shall be construed to provide an applicant or insured with a cause of action that does not exist in the absence of this section.
Acts 2004, ch. 527, § 5.
Tenn. Code Ann. § 56-12-120 — TN Code / Title 56 / Chapter 12 / Section 56-12-120
Unearned premium claims
Status: in_force

(a) All obligations for unearned premium claims shall include only that amount of each covered claim that is in excess of two hundred fifty dollars ($250) and is less than ten thousand dollars ($10,000). (b) (1) Unearned premium claims arising out of workers' compensation policies shall be subject to the limitations of subsection (a). (2) Unearned premium claims shall not include credit adjustments developed under retrospective rating plans. Acts 1989, ch. 316, § 2.
(a) All obligations for unearned premium claims shall include only that amount of each covered claim that is in excess of two hundred fifty dollars ($250) and is less than ten thousand dollars ($10,000).
(b) (1) Unearned premium claims arising out of workers' compensation policies shall be subject to the limitations of subsection (a). (2) Unearned premium claims shall not include credit adjustments developed under retrospective rating plans.
(1) Unearned premium claims arising out of workers' compensation policies shall be subject to the limitations of subsection (a).
(2) Unearned premium claims shall not include credit adjustments developed under retrospective rating plans.
Acts 1989, ch. 316, § 2.
Tenn. Code Ann. § 56-7-1117 — TN Code / Title 56 / Chapter 7 / Section 56-7-1117
Intentional acts or omissions of vehicle owners
Status: in_force

When any person, as lienholder, secured party, assignee, or otherwise, possesses or has any vehicle insurance policy made payable to the person, or other person as that person's interest may appear, then the insurance as to the interest of the lienholder, secured party, assignee or other person named in the policy shall not be invalidated by an intentional act or omission of the owner of the vehicle so insured. Acts 2000, ch. 653, § 1.
When any person, as lienholder, secured party, assignee, or otherwise, possesses or has any vehicle insurance policy made payable to the person, or other person as that person's interest may appear, then the insurance as to the interest of the lienholder, secured party, assignee or other person named in the policy shall not be invalidated by an intentional act or omission of the owner of the vehicle so insured.
Acts 2000, ch. 653, § 1.
Tenn. Code Ann. § 56-33-108 — TN Code / Title 56 / Chapter 33 / Section 56-33-108
Cancellation fee waivers and travel assistance services exempt from insurance laws
Status: in_force

Cancellation fee waivers and travel assistance services governed under this chapter are not insurance and are exempt from the insurance laws of this state. Acts 2022, ch. 703, § 6.
Cancellation fee waivers and travel assistance services governed under this chapter are not insurance and are exempt from the insurance laws of this state.
Acts 2022, ch. 703, § 6.
Tenn. Code Ann. § 56-7-2607 — TN Code / Title 56 / Chapter 7 / Section 56-7-2607
Coverage for transplantation
Status: in_force

(a) As used in this section: (1) "Covered person" means a person on whose behalf a health insurance entity is obligated to pay benefits or provide services, and who has a disability; (2) "Disability" has the same meaning as defined in 42 U.S.C. § 12102 ; (3) "Health insurance entity" has the same meaning as defined in § 56-7-109 ; and (4) "Transplantation" means the transplantation or transfusion of a human body part into the body of another individual for the purpose of treating or curing a medical condition. (b) A health insurance entity that offers plans in this state that provide coverage for transplantation to individuals or groups on an expense-incurred basis shall not deny coverage for transplantation solely on the basis of the covered person's disability. (c) This section does not require a health insurance entity to provide coverage for transplantation if the transplantation is not medically necessary. (d) This section applies to a state or local insurance program, under title 8, chapter 27, and a managed care organization contracting with the state to provide insurance through the TennCare program. Added by 2021 Tenn. Acts, ch. 441, s 2, eff. 7/1/2021.
(a) As used in this section: (1) "Covered person" means a person on whose behalf a health insurance entity is obligated to pay benefits or provide services, and who has a disability; (2) "Disability" has the same meaning as defined in 42 U.S.C. § 12102 ; (3) "Health insurance entity" has the same meaning as defined in § 56-7-109 ; and (4) "Transplantation" means the transplantation or transfusion of a human body part into the body of another individual for the purpose of treating or curing a medical condition.
(1) "Covered person" means a person on whose behalf a health insurance entity is obligated to pay benefits or provide services, and who has a disability;
(2) "Disability" has the same meaning as defined in 42 U.S.C. § 12102 ;
(3) "Health insurance entity" has the same meaning as defined in § 56-7-109 ; and
(4) "Transplantation" means the transplantation or transfusion of a human body part into the body of another individual for the purpose of treating or curing a medical condition.
(b) A health insurance entity that offers plans in this state that provide coverage for transplantation to individuals or groups on an expense-incurred basis shall not deny coverage for transplantation solely on the basis of the covered person's disability.
(c) This section does not require a health insurance entity to provide coverage for transplantation if the transplantation is not medically necessary.
(d) This section applies to a state or local insurance program, under title 8, chapter 27, and a managed care organization contracting with the state to provide insurance through the TennCare program.
Added by 2021 Tenn. Acts, ch. 441, s 2, eff. 7/1/2021.
Tenn. Code Ann. § 56-30-107 — TN Code / Title 56 / Chapter 30 / Section 56-30-107
Right to establish or operate plan
Status: in_force

It is unlawful for any person except a dental service plan corporation, incorporated in accordance with this chapter, and operating in accordance with authority from the commissioner, or a nonprofit corporation organized under chapter 27, 28 or 29 of this title, or an insurance company properly qualified in this state to write accident, health or disability insurance, to establish, maintain, or operate a dental service plan, or to solicit subscribers to or enter into contracts with respect to a dental service plan. This prohibition, however, shall not be construed as preventing a person from furnishing dental services for the prevention of diseases among the person's employees or from furnishing dental services required under the Workers' Compensation Law, compiled in title 50, chapter 6, and related legislation when the employee is not charged for the services. The prohibition in this section shall not apply to persons engaging in transactions in this state involving a master group subscription contract lawfully issued and delivered in another state, and the persons shall not be subject to this chapter or otherwise regulated by or prohibited from engaging in the transactions solely as a result of the transactions. Acts 1961, ch. 340, § 7; T.C.A., § 56-3507; Acts 1998, ch. 672, § 1.
It is unlawful for any person except a dental service plan corporation, incorporated in accordance with this chapter, and operating in accordance with authority from the commissioner, or a nonprofit corporation organized under chapter 27, 28 or 29 of this title, or an insurance company properly qualified in this state to write accident, health or disability insurance, to establish, maintain, or operate a dental service plan, or to solicit subscribers to or enter into contracts with respect to a dental service plan. This prohibition, however, shall not be construed as preventing a person from furnishing dental services for the prevention of diseases among the person's employees or from furnishing dental services required under the Workers' Compensation Law, compiled in title 50, chapter 6, and related legislation when the employee is not charged for the services. The prohibition in this section shall not apply to persons engaging in transactions in this state involving a master group subscription contract lawfully issued and delivered in another state, and the persons shall not be subject to this chapter or otherwise regulated by or prohibited from engaging in the transactions solely as a result of the transactions.
Acts 1961, ch. 340, § 7; T.C.A., § 56-3507; Acts 1998, ch. 672, § 1.
Tenn. Code Ann. § 56-35-203 — TN Code / Title 56 / Chapter 35 / Section 56-35-203
Title insurance companies not to defray agents' license expenses
Status: in_force

No portion of the expense of examination, satisfaction of the requirements of this chapter for the filing of a bond or cash and/or securities, or any other qualification for the issuance or continuance of a title insurance agent's license shall be paid for or defrayed by a title insurance company. Acts 1980, ch. 857, § 11.
No portion of the expense of examination, satisfaction of the requirements of this chapter for the filing of a bond or cash and/or securities, or any other qualification for the issuance or continuance of a title insurance agent's license shall be paid for or defrayed by a title insurance company.
Acts 1980, ch. 857, § 11.
Tenn. Code Ann. § 56-7-3715 — TN Code / Title 56 / Chapter 7 / Section 56-7-3715
Related service
Status: in_force

(a) A utilization review organization shall not deem as incidental or deny claims for supplies or healthcare services that are routinely used as part of a healthcare service when: (1) A closely related service has received prior authorization; or (2) Prior authorization for the healthcare service is not required. (b) As used in this section, "closely related service" means a similar service to the service allowed by prior authorization and required by the standard of care. Amended by 2023 Tenn. Acts, ch. 395, s 4, eff. 1/1/2025.
(a) A utilization review organization shall not deem as incidental or deny claims for supplies or healthcare services that are routinely used as part of a healthcare service when: (1) A closely related service has received prior authorization; or (2) Prior authorization for the healthcare service is not required.
(1) A closely related service has received prior authorization; or
(2) Prior authorization for the healthcare service is not required.
(b) As used in this section, "closely related service" means a similar service to the service allowed by prior authorization and required by the standard of care.
Amended by 2023 Tenn. Acts, ch. 395, s 4, eff. 1/1/2025.
Tenn. Code Ann. § 56-6-407 — TN Code / Title 56 / Chapter 6 / Section 56-6-407
Payment of claims
Status: in_force

All claims paid by the administrator from funds collected on behalf of the insurer shall be paid only on drafts, checks or electronic transfers of and as authorized by the insurer. Acts 1980, ch. 640, § 7; 1996, ch. 691, § 1.
All claims paid by the administrator from funds collected on behalf of the insurer shall be paid only on drafts, checks or electronic transfers of and as authorized by the insurer.
Acts 1980, ch. 640, § 7; 1996, ch. 691, § 1.
Tenn. Code Ann. § 56-30-127 — TN Code / Title 56 / Chapter 30 / Section 56-30-127
Form of subscription certificate
Status: in_force

In the subscription certificate referred to in this chapter: (1) All printed portions shall be plainly printed in type of which the face is not smaller than ten-point; (2) There shall be a brief description of the subscription certificate on its first page and on the back of the certificate in type not smaller than fourteen-point. The description shall not be broader than the coverage granted in the contract; (3) The exceptions of the contract shall appear with the same prominence in the certificate as the benefits of the contract, and reference to the exceptions shall be specifically made in the insuring clause; and (4) If the contract contains any provisions purporting to make any portion of the articles of incorporation or of the bylaws of the corporation a part of the contract, the portion shall be set forth in full in the subscription certificate. Acts 1961, ch. 340, § 26; T.C.A., § 56-3527.
In the subscription certificate referred to in this chapter:
(1) All printed portions shall be plainly printed in type of which the face is not smaller than ten-point;
(2) There shall be a brief description of the subscription certificate on its first page and on the back of the certificate in type not smaller than fourteen-point. The description shall not be broader than the coverage granted in the contract;
(3) The exceptions of the contract shall appear with the same prominence in the certificate as the benefits of the contract, and reference to the exceptions shall be specifically made in the insuring clause; and
(4) If the contract contains any provisions purporting to make any portion of the articles of incorporation or of the bylaws of the corporation a part of the contract, the portion shall be set forth in full in the subscription certificate.
Acts 1961, ch. 340, § 26; T.C.A., § 56-3527.
Tenn. Code Ann. § 56-32-123 — TN Code / Title 56 / Chapter 32 / Section 56-32-123
Bidding
Status: in_force

(a) Each employer, public or private, except any public entity that has a metropolitan form of government and a population of not less than four hundred thousand (400,000), according to the 1980 federal census or any subsequent federal census, in this state that offers its employees a health benefit plan and employs not less than twenty-five (25) employees, shall afford at least two (2) qualified HMOs the opportunity to bid or to provide health care services. This dual offering is contingent upon written requests being received from the HMOs for inclusion in the employer's health benefit plan, and provided the HMOs are different types or models, such as medical group or staff and individual practice association. Where there is a prevailing collective bargaining agreement, the selection of the HMO or organizations to be made available to the employees shall be made under the agreement. (b) No employer in this state shall be required to pay more for health benefits as a result of the application of this section than would otherwise be required by any prevailing collective bargaining agreement or other contract for the provision of health benefits to its employees; provided, that the employer or benefits fund shall pay to the HMO chosen by each employee or member an amount equal to the lesser of: (1) The amount paid on behalf of its other employees or members for health benefits; or (2) The HMO's charge for coverage approved by the commissioner pursuant to § 56-32-107 . Acts 1986, ch. 713, § 23; 1989, ch. 187, § 1; T.C.A. § 56-32-223.
(a) Each employer, public or private, except any public entity that has a metropolitan form of government and a population of not less than four hundred thousand (400,000), according to the 1980 federal census or any subsequent federal census, in this state that offers its employees a health benefit plan and employs not less than twenty-five (25) employees, shall afford at least two (2) qualified HMOs the opportunity to bid or to provide health care services. This dual offering is contingent upon written requests being received from the HMOs for inclusion in the employer's health benefit plan, and provided the HMOs are different types or models, such as medical group or staff and individual practice association. Where there is a prevailing collective bargaining agreement, the selection of the HMO or organizations to be made available to the employees shall be made under the agreement.
(b) No employer in this state shall be required to pay more for health benefits as a result of the application of this section than would otherwise be required by any prevailing collective bargaining agreement or other contract for the provision of health benefits to its employees; provided, that the employer or benefits fund shall pay to the HMO chosen by each employee or member an amount equal to the lesser of: (1) The amount paid on behalf of its other employees or members for health benefits; or (2) The HMO's charge for coverage approved by the commissioner pursuant to § 56-32-107 .
(1) The amount paid on behalf of its other employees or members for health benefits; or
(2) The HMO's charge for coverage approved by the commissioner pursuant to § 56-32-107 .
Acts 1986, ch. 713, § 23; 1989, ch. 187, § 1; T.C.A. § 56-32-223.
Tenn. Code Ann. § 56-1-502 — TN Code / Title 56 / Chapter 1 / Section 56-1-502
Forfeiture for failure to file statement - Suspension of authority to do new business
Status: in_force

Any insurance company that neglects to make and file its annual statement in the form and within the time provided by § 56-1-501 shall forfeit one hundred dollars ($100) for each day neglected, and, upon notice by the commissioner to that effect, its authority to do new business shall cease while the default continues. Acts 1895, ch. 160, § 34; Shan., § 3318; Code 1932, § 6147; T.C.A. (orig. ed.), § 56-132.
Any insurance company that neglects to make and file its annual statement in the form and within the time provided by § 56-1-501 shall forfeit one hundred dollars ($100) for each day neglected, and, upon notice by the commissioner to that effect, its authority to do new business shall cease while the default continues.
Acts 1895, ch. 160, § 34; Shan., § 3318; Code 1932, § 6147; T.C.A. (orig. ed.), § 56-132.
Tenn. Code Ann. § 56-26-129 — TN Code / Title 56 / Chapter 26 / Section 56-26-129
Ten-day free look on health insurance
Status: in_force

Every individual accident and health policy or contract shall have printed thereon or attached thereto a notice stating in substance that the person to whom the policy or contract is issued shall be permitted to return it within ten (10) days of its delivery to the purchaser and to have the premium paid by the purchaser refunded if, after examination of the policy or contract, the purchaser is not satisfied with it for any reason. If a policyholder or purchaser pursuant to the notice returns the policy or contract to the company at its home office or to the agent through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no policy or contract had been issued. Acts 1976, ch. 397, § 7; T.C.A., § 56-3329.
Every individual accident and health policy or contract shall have printed thereon or attached thereto a notice stating in substance that the person to whom the policy or contract is issued shall be permitted to return it within ten (10) days of its delivery to the purchaser and to have the premium paid by the purchaser refunded if, after examination of the policy or contract, the purchaser is not satisfied with it for any reason. If a policyholder or purchaser pursuant to the notice returns the policy or contract to the company at its home office or to the agent through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no policy or contract had been issued.
Acts 1976, ch. 397, § 7; T.C.A., § 56-3329.
Tenn. Code Ann. § 56-10-203 — TN Code / Title 56 / Chapter 10 / Section 56-10-203
Use of registration statements under securities acts in making offers or agreements
Status: in_force

If any offer or agreement referred to in § 56-10-202 is proposed to be made by means of a registration statement under the Securities Act of 1933 ( 15 U.S.C. § 77a et seq.), or in circumstances requiring the disclosure of similar information under the Securities Exchange Act of 1934 ( 15 U.S.C. § 78a et seq.), the person required to file the statement referred to in § 56-10-202 may utilize the documents in furnishing the information called for by that statement. Acts 1969, ch. 271, § 3; T.C.A., § 56-3614.
If any offer or agreement referred to in § 56-10-202 is proposed to be made by means of a registration statement under the Securities Act of 1933 ( 15 U.S.C. § 77a et seq.), or in circumstances requiring the disclosure of similar information under the Securities Exchange Act of 1934 ( 15 U.S.C. § 78a et seq.), the person required to file the statement referred to in § 56-10-202 may utilize the documents in furnishing the information called for by that statement.
Acts 1969, ch. 271, § 3; T.C.A., § 56-3614.
Tenn. Code Ann. § 56-57-106 — TN Code / Title 56 / Chapter 57 / Section 56-57-106
[Repealed]
Status: repealed

Repealed and reenacted by 2021 Tenn. Acts, ch. 372, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 56-7-2001 — TN Code / Title 56 / Chapter 7 / Section 56-7-2001
Short title
Status: in_force

This part shall be known and may be cited as the "Memphis Plan Act of 1991." Acts 1991, ch. 353, § 2.
This part shall be known and may be cited as the "Memphis Plan Act of 1991."
Acts 1991, ch. 353, § 2.
Tenn. Code Ann. § 56-55-105 — TN Code / Title 56 / Chapter 55 / Section 56-55-105
Conditions of required warranty insurance policy by warrantor
Status: in_force

No vehicle protection product shall be sold or offered for sale in this state unless the vehicle protection product warrantor is insured under a warranty insurance policy meeting the following conditions in order to ensure adequate performance under the warranty: (1) The warranty reimbursement insurance policy is issued by an insurer authorized to do business in this state and provides that the insurer will pay to, or on behalf of, the warrantor one hundred percent (100%) of all sums that the warrantor is legally obligated to pay according to the warrantor's contractual obligations under the warrantor's vehicle protection product warranty; (2) A true and correct copy of the warranty reimbursement insurance policy has been filed with the commissioner by the warrantor; and (3) The policy contains the provisions required by § 56-55-106 . Acts 2005, ch. 244, § 6.
No vehicle protection product shall be sold or offered for sale in this state unless the vehicle protection product warrantor is insured under a warranty insurance policy meeting the following conditions in order to ensure adequate performance under the warranty:
(1) The warranty reimbursement insurance policy is issued by an insurer authorized to do business in this state and provides that the insurer will pay to, or on behalf of, the warrantor one hundred percent (100%) of all sums that the warrantor is legally obligated to pay according to the warrantor's contractual obligations under the warrantor's vehicle protection product warranty;
(2) A true and correct copy of the warranty reimbursement insurance policy has been filed with the commissioner by the warrantor; and
(3) The policy contains the provisions required by § 56-55-106 .
Acts 2005, ch. 244, § 6.
Tenn. Code Ann. § 56-25-607 — TN Code / Title 56 / Chapter 25 / Section 56-25-607
Refusal, suspension or revocation of license of foreign or alien society
Status: in_force

(a) When the commissioner, upon investigation, finds that a foreign or alien society transacting or applying to transact business in this state: (1) Has exceeded its powers; (2) Has failed to comply with any of the provisions of this chapter; (3) Is not fulfilling its contracts in good faith; or (4) Is conducting its business fraudulently or in a manner hazardous to its members or creditors or the public; the commissioner shall notify the society of the deficiency or deficiencies and state in writing the reasons for the dissatisfaction. The commissioner shall at once issue a written notice to the society requiring that the deficiency or deficiencies that exist be corrected. After the notice, the society shall have a thirty-day period in which to comply with the commissioner's request for correction, and if the society fails to comply, the commissioner shall notify the society of the findings of noncompliance and require the society to show cause, on a date named, why its license should not be suspended, revoked or refused. (b) If on the date the society does not present good and sufficient reason why its authority to do business in this state should not be suspended, revoked or refused, the commissioner may suspend or refuse the license of the society to do business in this state until satisfactory evidence is furnished to the commissioner that the suspension or refusal should be withdrawn, or the commissioner may revoke the authority of the society to do business in this state. (c) Nothing contained in this section shall be taken or construed as preventing any such society from continuing in good faith all contracts made in this state during the time the society was legally authorized to transact business in this state. Acts 1990, ch. 703, § 1.
(a) When the commissioner, upon investigation, finds that a foreign or alien society transacting or applying to transact business in this state: (1) Has exceeded its powers; (2) Has failed to comply with any of the provisions of this chapter; (3) Is not fulfilling its contracts in good faith; or (4) Is conducting its business fraudulently or in a manner hazardous to its members or creditors or the public; the commissioner shall notify the society of the deficiency or deficiencies and state in writing the reasons for the dissatisfaction. The commissioner shall at once issue a written notice to the society requiring that the deficiency or deficiencies that exist be corrected. After the notice, the society shall have a thirty-day period in which to comply with the commissioner's request for correction, and if the society fails to comply, the commissioner shall notify the society of the findings of noncompliance and require the society to show cause, on a date named, why its license should not be suspended, revoked or refused.
(1) Has exceeded its powers;
(2) Has failed to comply with any of the provisions of this chapter;
(3) Is not fulfilling its contracts in good faith; or
(4) Is conducting its business fraudulently or in a manner hazardous to its members or creditors or the public; the commissioner shall notify the society of the deficiency or deficiencies and state in writing the reasons for the dissatisfaction. The commissioner shall at once issue a written notice to the society requiring that the deficiency or deficiencies that exist be corrected. After the notice, the society shall have a thirty-day period in which to comply with the commissioner's request for correction, and if the society fails to comply, the commissioner shall notify the society of the findings of noncompliance and require the society to show cause, on a date named, why its license should not be suspended, revoked or refused.
the commissioner shall notify the society of the deficiency or deficiencies and state in writing the reasons for the dissatisfaction. The commissioner shall at once issue a written notice to the society requiring that the deficiency or deficiencies that exist be corrected. After the notice, the society shall have a thirty-day period in which to comply with the commissioner's request for correction, and if the society fails to comply, the commissioner shall notify the society of the findings of noncompliance and require the society to show cause, on a date named, why its license should not be suspended, revoked or refused.
(b) If on the date the society does not present good and sufficient reason why its authority to do business in this state should not be suspended, revoked or refused, the commissioner may suspend or refuse the license of the society to do business in this state until satisfactory evidence is furnished to the commissioner that the suspension or refusal should be withdrawn, or the commissioner may revoke the authority of the society to do business in this state.
(c) Nothing contained in this section shall be taken or construed as preventing any such society from continuing in good faith all contracts made in this state during the time the society was legally authorized to transact business in this state.
Acts 1990, ch. 703, § 1.
Tenn. Code Ann. § 56-30-106 — TN Code / Title 56 / Chapter 30 / Section 56-30-106
Subscribers - Rates
Status: in_force

(a) Each nonprofit dental service corporation may contract with its subscribers for dental services as may be from time to time provided under any nonprofit dental service plan adopted by the corporation. (b) The rates charged by the nonprofit dental service corporation to its subscribers shall be consistent with the proper conduct of its business and the interest of the public and shall at all times be subject to the approval of the commissioner. (c) Nothing contained in this chapter or in any nonprofit dental service plan shall affect the ordinary professional relationship between the person rendering dental services under the plan and the subscriber to whom the services are rendered; and no action based upon or arising out of the relationship or relating to dental services rendered pursuant to a nonprofit dental service plan shall be maintained against the nonprofit dental service corporation operating the plan. Acts 1961, ch. 340, § 6; T.C.A., § 56-3506.
(a) Each nonprofit dental service corporation may contract with its subscribers for dental services as may be from time to time provided under any nonprofit dental service plan adopted by the corporation.
(b) The rates charged by the nonprofit dental service corporation to its subscribers shall be consistent with the proper conduct of its business and the interest of the public and shall at all times be subject to the approval of the commissioner.
(c) Nothing contained in this chapter or in any nonprofit dental service plan shall affect the ordinary professional relationship between the person rendering dental services under the plan and the subscriber to whom the services are rendered; and no action based upon or arising out of the relationship or relating to dental services rendered pursuant to a nonprofit dental service plan shall be maintained against the nonprofit dental service corporation operating the plan.
Acts 1961, ch. 340, § 6; T.C.A., § 56-3506.
Tenn. Code Ann. § 56-1-201 — TN Code / Title 56 / Chapter 1 / Section 56-1-201
Creation of department of commerce and insurance
Status: in_force

There is created a department of commerce and insurance, whose chief officer is the commissioner. Acts 1913, ch. 1, § 1; Shan., § 3276; impl. am. Acts 1923, ch. 7, §§ 50, 51; mod. Code 1932, § 6088; modified; impl. am. Acts 1971, ch. 137, §§ 1, 2; T.C.A. (orig. ed.), § 56-103.
There is created a department of commerce and insurance, whose chief officer is the commissioner.
Acts 1913, ch. 1, § 1; Shan., § 3276; impl. am. Acts 1923, ch. 7, §§ 50, 51; mod. Code 1932, § 6088; modified; impl. am. Acts 1971, ch. 137, §§ 1, 2; T.C.A. (orig. ed.), § 56-103.
Tenn. Code Ann. § 56-12-113 — TN Code / Title 56 / Chapter 12 / Section 56-12-113
Examination of the association - Annual financial report
Status: in_force

(a) The association shall be subject to examination and regulation by the commissioner. (b) The board of directors shall submit, not later than March 30 of each year, a financial report for the preceding calendar year in a form approved by the commissioner. Acts 1971, ch. 180, § 13; T.C.A., § 56-4013.
(a) The association shall be subject to examination and regulation by the commissioner.
(b) The board of directors shall submit, not later than March 30 of each year, a financial report for the preceding calendar year in a form approved by the commissioner.
Acts 1971, ch. 180, § 13; T.C.A., § 56-4013.
Tenn. Code Ann. § 56-6-1304 — TN Code / Title 56 / Chapter 6 / Section 56-6-1304
Rules and regulations
Status: in_force

The commissioner may promulgate such rules and regulations as may be necessary or appropriate to regulate the activities of navigators as may be consistent with the Patient Protection and Affordable Care Act ( 42 U.S.C. § 18011 et seq.). Added by 2013 Tenn. Acts, ch. 377,s 1, eff. 7/1/2013.
The commissioner may promulgate such rules and regulations as may be necessary or appropriate to regulate the activities of navigators as may be consistent with the Patient Protection and Affordable Care Act ( 42 U.S.C. § 18011 et seq.).
Added by 2013 Tenn. Acts, ch. 377,s 1, eff. 7/1/2013.