Tenn. Code Ann. § 56-27-120 — TN Code / Title 56 / Chapter 27 / Section 56-27-120
Renewals of licenses - Agents' certificates of authority
Status: in_force

All licenses authorizing medical service plan corporations to transact business in this state shall be renewable on April 1 of each year, subject to the approval of the commissioner. Every medical service corporation licensed to do business in this state under this chapter shall obtain from the commissioner a certificate of authority for every agent writing or soliciting medical service plan contracts for the medical service corporation in this state, and the certificate shall be renewable January 1 of each year, subject to applicable sections of the insurance laws, including the revenue law of this state for ordinary life, health and accident insurance agents. Acts 1945, ch. 113, § 24; C. Supp. 1950, § 4186.40 (Williams, § 4186.41); T.C.A. (orig. ed.), § 56-2920.
All licenses authorizing medical service plan corporations to transact business in this state shall be renewable on April 1 of each year, subject to the approval of the commissioner. Every medical service corporation licensed to do business in this state under this chapter shall obtain from the commissioner a certificate of authority for every agent writing or soliciting medical service plan contracts for the medical service corporation in this state, and the certificate shall be renewable January 1 of each year, subject to applicable sections of the insurance laws, including the revenue law of this state for ordinary life, health and accident insurance agents.
Acts 1945, ch. 113, § 24; C. Supp. 1950, § 4186.40 (Williams, § 4186.41); T.C.A. (orig. ed.), § 56-2920.
Tenn. Code Ann. § 56-3-905 — TN Code / Title 56 / Chapter 3 / Section 56-3-905
Deposit of securities by insurance companies
Status: in_force

(a) (1) Securities eligible for deposit under the insurance laws of this state relating to deposit of securities by an insurance company as a condition of commencing or continuing to do any insurance business in this state may be deposited with a clearing corporation. (2) Securities deposited with a clearing corporation and used to meet the deposit requirements under the insurance laws of this state shall be under the control of the commissioner and shall not be withdrawn by the insurance company without the approval of the commissioner. (b) Any insurance company holding such securities as provided in subsection (a), shall provide to the commissioner evidence issued by its custodian in order to establish that: (1) The securities are actually recorded in an account in the name of the custodian; and (2) The records of the custodian reflect that such securities are subject to the order of the commissioner. Acts 2012, ch. 680, § 4.
(a) (1) Securities eligible for deposit under the insurance laws of this state relating to deposit of securities by an insurance company as a condition of commencing or continuing to do any insurance business in this state may be deposited with a clearing corporation. (2) Securities deposited with a clearing corporation and used to meet the deposit requirements under the insurance laws of this state shall be under the control of the commissioner and shall not be withdrawn by the insurance company without the approval of the commissioner.
(1) Securities eligible for deposit under the insurance laws of this state relating to deposit of securities by an insurance company as a condition of commencing or continuing to do any insurance business in this state may be deposited with a clearing corporation.
(2) Securities deposited with a clearing corporation and used to meet the deposit requirements under the insurance laws of this state shall be under the control of the commissioner and shall not be withdrawn by the insurance company without the approval of the commissioner.
(b) Any insurance company holding such securities as provided in subsection (a), shall provide to the commissioner evidence issued by its custodian in order to establish that: (1) The securities are actually recorded in an account in the name of the custodian; and (2) The records of the custodian reflect that such securities are subject to the order of the commissioner.
(1) The securities are actually recorded in an account in the name of the custodian; and
(2) The records of the custodian reflect that such securities are subject to the order of the commissioner.
Acts 2012, ch. 680, § 4.
Tenn. Code Ann. § 56-16-119 — TN Code / Title 56 / Chapter 16 / Section 56-16-119
Service on board of directors by persons who perform legal or professional service
Status: in_force

Section 56-3-103 shall not bar a person who performs legal or other professional services for a reciprocal from serving as a member of the board of directors, or committee of the board, or as an officer of the reciprocal because the person receives payment for legal or other professional services rendered to the reciprocal. Acts 1997, ch. 58, § 1; T.C.A. § 56-16-210 .
Section 56-3-103 shall not bar a person who performs legal or other professional services for a reciprocal from serving as a member of the board of directors, or committee of the board, or as an officer of the reciprocal because the person receives payment for legal or other professional services rendered to the reciprocal.
Acts 1997, ch. 58, § 1; T.C.A. § 56-16-210 .
Tenn. Code Ann. § 56-7-2358 — TN Code / Title 56 / Chapter 7 / Section 56-7-2358
Continuity of care
Status: in_force

(a) If a provider who is a member of a managed health insurance issuer's network terminates its agreement with the issuer, or the issuer terminates the provider without cause, then the provider and issuer shall allow a subscriber or enrollee who is: (1) Under active treatment for a particular injury or sickness, to continue to receive covered benefits from the treating provider for the injury or sickness for a period of one hundred twenty (120) days from the date of notice of termination; (2) In the second trimester of pregnancy to continue care with a treating provider until completion of postpartum care; and (3) Being treated at an inpatient facility to remain at the facility until the patient is discharged. (b) Subsection (a) shall apply only if the treating provider or inpatient facility agrees to continue to be bound by the terms, conditions and reimbursement rates of the provider's agreement with the issuer. Acts 1998, ch. 1033, § 8.
(a) If a provider who is a member of a managed health insurance issuer's network terminates its agreement with the issuer, or the issuer terminates the provider without cause, then the provider and issuer shall allow a subscriber or enrollee who is: (1) Under active treatment for a particular injury or sickness, to continue to receive covered benefits from the treating provider for the injury or sickness for a period of one hundred twenty (120) days from the date of notice of termination; (2) In the second trimester of pregnancy to continue care with a treating provider until completion of postpartum care; and (3) Being treated at an inpatient facility to remain at the facility until the patient is discharged.
(1) Under active treatment for a particular injury or sickness, to continue to receive covered benefits from the treating provider for the injury or sickness for a period of one hundred twenty (120) days from the date of notice of termination;
(2) In the second trimester of pregnancy to continue care with a treating provider until completion of postpartum care; and
(3) Being treated at an inpatient facility to remain at the facility until the patient is discharged.
(b) Subsection (a) shall apply only if the treating provider or inpatient facility agrees to continue to be bound by the terms, conditions and reimbursement rates of the provider's agreement with the issuer.
Acts 1998, ch. 1033, § 8.
Tenn. Code Ann. § 56-7-2906 — TN Code / Title 56 / Chapter 7 / Section 56-7-2906
[For postponed repeal effective 6/30/2025, see T.C.A. 56-7-2916] Additional powers and duties - Rules
Status: in_force

The commissioner may, by rule, establish additional powers and duties of Access Tennessee and may adopt rules necessary and proper to implement this part. The rules shall be promulgated as emergency rules pursuant to § 4-5-208 . The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2006, ch. 867, §§ 3, 14.
The commissioner may, by rule, establish additional powers and duties of Access Tennessee and may adopt rules necessary and proper to implement this part. The rules shall be promulgated as emergency rules pursuant to § 4-5-208 . The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2006, ch. 867, §§ 3, 14.
Tenn. Code Ann. § 56-61-110 — TN Code / Title 56 / Chapter 61 / Section 56-61-110
Rules and regulations
Status: in_force

The commissioner may, after notice and hearing, promulgate reasonable rules and regulations to carry out this chapter. Such rules and regulations shall be subject to review in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2010, ch. 980, § 11.
The commissioner may, after notice and hearing, promulgate reasonable rules and regulations to carry out this chapter. Such rules and regulations shall be subject to review in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2010, ch. 980, § 11.
Tenn. Code Ann. § 56-43-112 — TN Code / Title 56 / Chapter 43 / Section 56-43-112
Rules and regulations
Status: in_force

(a) The commissioner may promulgate in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, reasonable rules as are necessary or proper to carry out this chapter. (b) The commissioner may, in accordance with subsection (a), promulgate reasonable rules and regulations to provide for the licensing of agents. Acts 1989, ch. 423, §§ 11, 15.
(a) The commissioner may promulgate in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, reasonable rules as are necessary or proper to carry out this chapter.
(b) The commissioner may, in accordance with subsection (a), promulgate reasonable rules and regulations to provide for the licensing of agents.
Acts 1989, ch. 423, §§ 11, 15.
Tenn. Code Ann. § 56-7-3202 — TN Code / Title 56 / Chapter 7 / Section 56-7-3202
Calculation of out-of-pocket costs for prescription drugs and covered services
Status: in_force

(a) When a patient's out-of-pocket cost for a prescription or covered service is percentage-based, the covered entity or pharmacy benefits manager shall calculate the out-of-pocket cost such that when the out-of-pocket cost is added to the amount that the covered entity or pharmacy benefits manager will directly pay to the pharmacy or other dispenser the sum will equal the actual reimbursement. (b) The requirements of subsection (a) shall not apply when patient out-of-pocket cost for a prescription or covered service is percentage-based for only a specified portion or predefined subset of drug tiers or specialty drug categories and the remainder of the covered drug prescriptions or services available to the patient are associated with predefined and specific out-of-pocket costs. Acts 2009 , ch. 355, § 1.
(a) When a patient's out-of-pocket cost for a prescription or covered service is percentage-based, the covered entity or pharmacy benefits manager shall calculate the out-of-pocket cost such that when the out-of-pocket cost is added to the amount that the covered entity or pharmacy benefits manager will directly pay to the pharmacy or other dispenser the sum will equal the actual reimbursement.
(b) The requirements of subsection (a) shall not apply when patient out-of-pocket cost for a prescription or covered service is percentage-based for only a specified portion or predefined subset of drug tiers or specialty drug categories and the remainder of the covered drug prescriptions or services available to the patient are associated with predefined and specific out-of-pocket costs.
Acts 2009 , ch. 355, § 1.
Tenn. Code Ann. § 56-3-403 — TN Code / Title 56 / Chapter 3 / Section 56-3-403
Investments in foreign securities and investments
Status: in_force

(a) Domestic insurance companies may invest in, or otherwise acquire or loan upon, securities and investments in Canada that are substantially of the same kinds, classes and investment grades as those eligible for investment under § 56-3-402 ; but the aggregate amount of the investments that are held at any time by the company shall not exceed ten percent (10%) of its admitted assets, except where a greater amount is permitted pursuant to subsection (b), in which case this subsection (a) shall not be applicable. (b) Any domestic insurance company that is authorized to do business in a foreign country or that has outstanding insurance, or reinsurance contracts or risks, resident or located in a foreign country may invest in, or otherwise acquire or loan upon, securities and investments in the foreign country that are substantially of the same kinds, classes and investment grades as those eligible for investment under § 56-3-402 ; but the aggregate amount of the investments in a foreign country and of cash in the currency of the country that is at any time held by the company shall not, except as provided in § 56-3-404(a)(1) , exceed one and one half (1.5) times the amount of its reserves and other obligations under the contracts or the amount that the company is required by law to invest in the country, whichever is greater. (c) In addition to the foreign investments permitted under § 56-3-404(a)(1) and (2) , any domestic insurance company may invest in, or otherwise acquire or loan upon, securities and investments in foreign countries that are substantially of the same kinds, classes and investment grades as those eligible for investment under § 56-3-402 ; but the aggregate amount of the investments made pursuant to this subsection (c) shall not exceed one percent (1%) of its admitted assets. Acts 1979, ch. 305, § 3; T.C.A., § 56-363.
(a) Domestic insurance companies may invest in, or otherwise acquire or loan upon, securities and investments in Canada that are substantially of the same kinds, classes and investment grades as those eligible for investment under § 56-3-402 ; but the aggregate amount of the investments that are held at any time by the company shall not exceed ten percent (10%) of its admitted assets, except where a greater amount is permitted pursuant to subsection (b), in which case this subsection (a) shall not be applicable.
(b) Any domestic insurance company that is authorized to do business in a foreign country or that has outstanding insurance, or reinsurance contracts or risks, resident or located in a foreign country may invest in, or otherwise acquire or loan upon, securities and investments in the foreign country that are substantially of the same kinds, classes and investment grades as those eligible for investment under § 56-3-402 ; but the aggregate amount of the investments in a foreign country and of cash in the currency of the country that is at any time held by the company shall not, except as provided in § 56-3-404(a)(1) , exceed one and one half (1.5) times the amount of its reserves and other obligations under the contracts or the amount that the company is required by law to invest in the country, whichever is greater.
(c) In addition to the foreign investments permitted under § 56-3-404(a)(1) and (2) , any domestic insurance company may invest in, or otherwise acquire or loan upon, securities and investments in foreign countries that are substantially of the same kinds, classes and investment grades as those eligible for investment under § 56-3-402 ; but the aggregate amount of the investments made pursuant to this subsection (c) shall not exceed one percent (1%) of its admitted assets.
Acts 1979, ch. 305, § 3; T.C.A., § 56-363.
Tenn. Code Ann. § 56-16-114 — TN Code / Title 56 / Chapter 16 / Section 56-16-114
Return of savings or credits to subscribers - Distribution
Status: in_force

A reciprocal may return to its present or past subscribers, or both, any savings or credits accruing to their accounts. The distribution shall not unfairly discriminate between classes of risks or policies, or between subscribers. However, the distribution may vary for classes of subscribers based upon the experience of those classes. Acts 1990, ch. 728, § 2; T.C.A. § 56-16-214.
A reciprocal may return to its present or past subscribers, or both, any savings or credits accruing to their accounts. The distribution shall not unfairly discriminate between classes of risks or policies, or between subscribers. However, the distribution may vary for classes of subscribers based upon the experience of those classes.
Acts 1990, ch. 728, § 2; T.C.A. § 56-16-214.
Tenn. Code Ann. § 56-26-103 — TN Code / Title 56 / Chapter 26 / Section 56-26-103
Withdrawal of approval - Notice of hearing
Status: in_force

The commissioner may, at any time after a hearing of which not less than twenty (20) days' written notice has been given to the insurer, withdraw approval of any such form if it contains a provision for benefits that is misleading, deceptive or that would encourage misrepresentation of the policy, or if, after consideration of all relevant factors, the commissioner finds that the benefits provided by the policy are unreasonable in relation to the premium charged. It is unlawful for the insurer to issue the form or use it in connection with any policy after the effective date of the withdrawal of approval. A notice of any hearing called under § 56-26-102 , this section and §§ 56-26-104 - 56-26-105 shall specify the matters to be considered at the hearing, and any decision affirming disapproval or directing withdrawal of approval under § 56-26-102 , this section and §§ 56-26-104 - 56-26-105 shall be in writing and shall specify the reasons for the decision. Acts 1955, ch. 4, § 2; 1976, ch. 590, § 2; T.C.A., § 56-3303.
The commissioner may, at any time after a hearing of which not less than twenty (20) days' written notice has been given to the insurer, withdraw approval of any such form if it contains a provision for benefits that is misleading, deceptive or that would encourage misrepresentation of the policy, or if, after consideration of all relevant factors, the commissioner finds that the benefits provided by the policy are unreasonable in relation to the premium charged. It is unlawful for the insurer to issue the form or use it in connection with any policy after the effective date of the withdrawal of approval. A notice of any hearing called under § 56-26-102 , this section and §§ 56-26-104 - 56-26-105 shall specify the matters to be considered at the hearing, and any decision affirming disapproval or directing withdrawal of approval under § 56-26-102 , this section and §§ 56-26-104 - 56-26-105 shall be in writing and shall specify the reasons for the decision.
Acts 1955, ch. 4, § 2; 1976, ch. 590, § 2; T.C.A., § 56-3303.
Tenn. Code Ann. § 56-22-120 — TN Code / Title 56 / Chapter 22 / Section 56-22-120
Rules and regulations
Status: in_force

The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this chapter. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2006, ch. 689, §§ 3, 23.
The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this chapter. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2006, ch. 689, §§ 3, 23.
Tenn. Code Ann. § 56-6-503 — TN Code / Title 56 / Chapter 6 / Section 56-6-503
Requirements for acting in capacity of an MGA - Bond - Errors and omissions policy
Status: in_force

(a) No person shall act in the capacity of an MGA, with respect to risks located in this state for an insurer licensed in this state, unless the person is a licensed insurance agent in this state. (b) No person shall act in the capacity of an MGA representing an insurer domiciled in this state, with respect to risks located outside this state, unless the person is a licensed insurance agent in this state, which includes a nonresident license, pursuant to this part. (c) The commissioner may require a bond in an amount acceptable to the commissioner for the protection of the insurer. (d) The commissioner may require the MGA to maintain an errors and omissions policy. Acts 1991, ch. 142, § 7.
(a) No person shall act in the capacity of an MGA, with respect to risks located in this state for an insurer licensed in this state, unless the person is a licensed insurance agent in this state.
(b) No person shall act in the capacity of an MGA representing an insurer domiciled in this state, with respect to risks located outside this state, unless the person is a licensed insurance agent in this state, which includes a nonresident license, pursuant to this part.
(c) The commissioner may require a bond in an amount acceptable to the commissioner for the protection of the insurer.
(d) The commissioner may require the MGA to maintain an errors and omissions policy.
Acts 1991, ch. 142, § 7.
Tenn. Code Ann. § 56-7-3110 — TN Code / Title 56 / Chapter 7 / Section 56-7-3110
Sanctions for violation of part
Status: in_force

A violation of this part may subject the pharmacy benefits manager or covered entity to any of the sanctions described in § 56-2-305 . Added by 2014 Tenn. Acts, ch. 857,s 2, eff. 1/1/2015.
A violation of this part may subject the pharmacy benefits manager or covered entity to any of the sanctions described in § 56-2-305 .
Added by 2014 Tenn. Acts, ch. 857,s 2, eff. 1/1/2015.
Tenn. Code Ann. § 56-12-111 — TN Code / Title 56 / Chapter 12 / Section 56-12-111
Nonduplication of recovery - Exhaustion of other remedies
Status: in_force

(a) Any person having a claim against an insurer under any provision in an insurance policy other than a policy of an insolvent insurer, which is also a covered claim, shall be required to exhaust first such person's right under such policy. Any amount payable on a covered claim under this part shall be reduced by the amount of any recovery under such insurance policy. (b) Any person having a claim that may be recovered under more than one (1) insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured, except that if it is a first party claim for damage to property with a permanent location, the person shall seek recovery first from the association of the location of the property, and if it is a workers' compensation claim, the person shall seek recovery first from the association of the residence of the claimant. Any recovery under this part shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent. Acts 1971, ch. 180, § 11; T.C.A., § 56-4011.
(a) Any person having a claim against an insurer under any provision in an insurance policy other than a policy of an insolvent insurer, which is also a covered claim, shall be required to exhaust first such person's right under such policy. Any amount payable on a covered claim under this part shall be reduced by the amount of any recovery under such insurance policy.
(b) Any person having a claim that may be recovered under more than one (1) insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured, except that if it is a first party claim for damage to property with a permanent location, the person shall seek recovery first from the association of the location of the property, and if it is a workers' compensation claim, the person shall seek recovery first from the association of the residence of the claimant. Any recovery under this part shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent.
Acts 1971, ch. 180, § 11; T.C.A., § 56-4011.
Tenn. Code Ann. § 56-3-804 — TN Code / Title 56 / Chapter 3 / Section 56-3-804
Rules and regulations
Status: in_force

Consistent with this title, the commissioner may adopt reasonable rules and regulations for the purpose of implementing this part. Acts 1973, ch. 104, § 4; T.C.A., § 56-358.
Consistent with this title, the commissioner may adopt reasonable rules and regulations for the purpose of implementing this part.
Acts 1973, ch. 104, § 4; T.C.A., § 56-358.
Tenn. Code Ann. § 56-27-133 — TN Code / Title 56 / Chapter 27 / Section 56-27-133
Sterilization insurance provision
Status: in_force

(a) Any law to the contrary notwithstanding, no contract of insurance that provides coverage for sterilization operations or procedures may be entered into or renewed on or after July 1, 1971, if the contract imposes any disclaimer, restriction on, or limitation of coverage with respect to the insured's reason for sterilization. All contracts entered into or renewed on or after July 1, 1971, shall be construed to be in compliance with this section, and any provision in any contract that is in conflict with this section shall be of no force or effect. (b) If any contract of insurance entered into prior to July 1, 1971, provides coverage for a sterilization operation or procedure, that part of the insurance contract covering the sterilization operation or procedure shall not be cancelled by the insurer unless the cancellation coincides with cancellation of the entire policy. Acts 1971, ch. 400, § 3; T.C.A., § 56-2933.
(a) Any law to the contrary notwithstanding, no contract of insurance that provides coverage for sterilization operations or procedures may be entered into or renewed on or after July 1, 1971, if the contract imposes any disclaimer, restriction on, or limitation of coverage with respect to the insured's reason for sterilization. All contracts entered into or renewed on or after July 1, 1971, shall be construed to be in compliance with this section, and any provision in any contract that is in conflict with this section shall be of no force or effect.
(b) If any contract of insurance entered into prior to July 1, 1971, provides coverage for a sterilization operation or procedure, that part of the insurance contract covering the sterilization operation or procedure shall not be cancelled by the insurer unless the cancellation coincides with cancellation of the entire policy.
Acts 1971, ch. 400, § 3; T.C.A., § 56-2933.
Tenn. Code Ann. § 56-33-105 — TN Code / Title 56 / Chapter 33 / Section 56-33-105
Requirement to choose options as condition of purchasing trip or travel package
Status: in_force

Notwithstanding § 56-8-104 , if a consumer's destination jurisdiction requires insurance coverage, then it is not an unfair trade practice to require a consumer to choose between the following options as a condition of purchasing a trip or travel package: (1) Purchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance producer supplying the trip or travel package; or (2) Agreeing to obtain and provide proof of coverage that meets the destination jurisdiction's requirements prior to departure. Acts 2022, ch. 703, § 6.
Notwithstanding § 56-8-104 , if a consumer's destination jurisdiction requires insurance coverage, then it is not an unfair trade practice to require a consumer to choose between the following options as a condition of purchasing a trip or travel package:
(1) Purchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance producer supplying the trip or travel package; or
(2) Agreeing to obtain and provide proof of coverage that meets the destination jurisdiction's requirements prior to departure.
Acts 2022, ch. 703, § 6.
Tenn. Code Ann. § 56-7-3301 — TN Code / Title 56 / Chapter 7 / Section 56-7-3301
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Health care provider" or "provider" means any person or entity performing services regulated pursuant to title 63 or title 68, chapter 11, with whom the health insurance entity has an express and valid network provider agreement or contract; (2) "Health insurance entity" has the same meaning as in § 56-7-109 ; and (3) "Reasonably accurate" means information determined through application by the health insurance entity of contract rates, fee schedules and reimbursement rules and policies in effect as of the date inquiry is made by the provider. Acts 2009, ch. 334, § 2.
As used in this part, unless the context otherwise requires:
(1) "Health care provider" or "provider" means any person or entity performing services regulated pursuant to title 63 or title 68, chapter 11, with whom the health insurance entity has an express and valid network provider agreement or contract;
(2) "Health insurance entity" has the same meaning as in § 56-7-109 ; and
(3) "Reasonably accurate" means information determined through application by the health insurance entity of contract rates, fee schedules and reimbursement rules and policies in effect as of the date inquiry is made by the provider.
Acts 2009, ch. 334, § 2.
Tenn. Code Ann. § 56-7-314 — TN Code / Title 56 / Chapter 7 / Section 56-7-314
Purchase or assignment of life insurance by charitable organization - Date of insurable interest
Status: in_force

If an organization described in either § 170(c) or § 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. §§ 170(c) and 501(c)(3) ), respectively, purchases or receives by assignment, before or after April 23, 1992, life insurance on an insured who consents in writing to the purchase or assignment, the organization is deemed to have or to have had an insurable interest in the insured person's life on the date of purchase or assignment. This section does not limit or abridge any insurable interest on April 23, 1992, at common law or by statute. Acts 1992, ch. 755, § 1; 2004, ch. 658, § 1; 2006, ch. 593, § 1.
If an organization described in either § 170(c) or § 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. §§ 170(c) and 501(c)(3) ), respectively, purchases or receives by assignment, before or after April 23, 1992, life insurance on an insured who consents in writing to the purchase or assignment, the organization is deemed to have or to have had an insurable interest in the insured person's life on the date of purchase or assignment. This section does not limit or abridge any insurable interest on April 23, 1992, at common law or by statute.
Acts 1992, ch. 755, § 1; 2004, ch. 658, § 1; 2006, ch. 593, § 1.
Tenn. Code Ann. § 56-7-3709 — TN Code / Title 56 / Chapter 7 / Section 56-7-3709
Expiration date for a prior authorization
Status: in_force

Except as provided in § 56-7-3706 , a prior authorization for an enrollee for a healthcare service is valid for at least six (6) months from the date the prior authorization is approved. Amended by 2023 Tenn. Acts, ch. 395, s 4, eff. 1/1/2025.
Except as provided in § 56-7-3706 , a prior authorization for an enrollee for a healthcare service is valid for at least six (6) months from the date the prior authorization is approved.
Amended by 2023 Tenn. Acts, ch. 395, s 4, eff. 1/1/2025.
Tenn. Code Ann. § 56-41-102 — TN Code / Title 56 / Chapter 41 / Section 56-41-102
Voluntary risk sharing or market assistance plan
Status: in_force

If the commissioner of commerce and insurance finds after a hearing that, in any part of this state, property and casualty insurance is not readily available in the voluntary market and that the public interest requires its availability, the commissioner may authorize formation of a voluntary risk sharing or market assistance plan under § 56-41-111 . Acts 1987, ch. 439, § 2.
If the commissioner of commerce and insurance finds after a hearing that, in any part of this state, property and casualty insurance is not readily available in the voluntary market and that the public interest requires its availability, the commissioner may authorize formation of a voluntary risk sharing or market assistance plan under § 56-41-111 .
Acts 1987, ch. 439, § 2.
Tenn. Code Ann. § 56-15-111 — TN Code / Title 56 / Chapter 15 / Section 56-15-111
Revocation of license for violation
Status: in_force

The commissioner shall revoke for one (1) year the license of any company or agent found guilty of any violation of § 56-15-108 or § 56-15-109 . Acts 1919, ch. 163, § 4; Shan. Supp., § 2216a4; Code 1932, § 3959; T.C.A. (orig. ed.), § 56-1411.
The commissioner shall revoke for one (1) year the license of any company or agent found guilty of any violation of § 56-15-108 or § 56-15-109 .
Acts 1919, ch. 163, § 4; Shan. Supp., § 2216a4; Code 1932, § 3959; T.C.A. (orig. ed.), § 56-1411.
Tenn. Code Ann. § 56-5-206 — TN Code / Title 56 / Chapter 5 / Section 56-5-206
Incorrect or incomplete credit information
Status: in_force

If it is determined through the dispute resolution process set forth in the federal Fair Credit Reporting Act ( 15 U.S.C. § 1681i(a)(5) ), that the credit information of a current insured was incorrect or incomplete and if the insurer receives notice of the determination from either the consumer reporting agency or from the insured, the insurer shall re-underwrite and re-rate the consumer within thirty (30) days of receiving the notice. After re-underwriting or re-rating the insured, the insurer shall make any adjustments necessary, consistent with its underwriting and rating guidelines. If an insurer determines that the insured has overpaid the premium, the insurer shall refund to the insured the amount of overpayment calculated back to the shorter of either the last twelve (12) months of coverage or the actual policy period. Acts 2004, ch. 527, § 7.
If it is determined through the dispute resolution process set forth in the federal Fair Credit Reporting Act ( 15 U.S.C. § 1681i(a)(5) ), that the credit information of a current insured was incorrect or incomplete and if the insurer receives notice of the determination from either the consumer reporting agency or from the insured, the insurer shall re-underwrite and re-rate the consumer within thirty (30) days of receiving the notice. After re-underwriting or re-rating the insured, the insurer shall make any adjustments necessary, consistent with its underwriting and rating guidelines. If an insurer determines that the insured has overpaid the premium, the insurer shall refund to the insured the amount of overpayment calculated back to the shorter of either the last twelve (12) months of coverage or the actual policy period.
Acts 2004, ch. 527, § 7.
Tenn. Code Ann. § 56-41-105 — TN Code / Title 56 / Chapter 41 / Section 56-41-105
Plan of operation - Insurers and agents required to participate
Status: in_force

(a) The plan of operation shall require participation by all insurers licensed in Tennessee and transacting direct insurance of the type covered by the specific plan, and all agents appointed to represent the insurers in this state for the specified types of business, except that the commissioner may exclude classes of persons for administrative convenience or because it is not equitable or practicable to require them to participate in the plan. "Type of insurance" means personal or commercial property and casualty coverage as defined in this title. (b) The plan may provide for optional participation by insurers not required to participate under subsection (a). Acts 1987, ch. 439, § 4.
(a) The plan of operation shall require participation by all insurers licensed in Tennessee and transacting direct insurance of the type covered by the specific plan, and all agents appointed to represent the insurers in this state for the specified types of business, except that the commissioner may exclude classes of persons for administrative convenience or because it is not equitable or practicable to require them to participate in the plan. "Type of insurance" means personal or commercial property and casualty coverage as defined in this title.
(b) The plan may provide for optional participation by insurers not required to participate under subsection (a).
Acts 1987, ch. 439, § 4.
Tenn. Code Ann. § 56-6-124 — TN Code / Title 56 / Chapter 6 / Section 56-6-124
Regulations
Status: in_force

(a) The commissioner may, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate reasonable regulations as are necessary or proper to carry out the purposes of this part. (b) The commissioner shall have the authority to promulgate any emergency rules necessary to implement this part; provided, that permanent rules shall be implemented pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) The commissioner shall promulgate continuing education requirements for individuals licensed under this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2002, ch. 798, § 25.
(a) The commissioner may, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate reasonable regulations as are necessary or proper to carry out the purposes of this part.
(b) The commissioner shall have the authority to promulgate any emergency rules necessary to implement this part; provided, that permanent rules shall be implemented pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) The commissioner shall promulgate continuing education requirements for individuals licensed under this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2002, ch. 798, § 25.
Tenn. Code Ann. § 56-37-111 — TN Code / Title 56 / Chapter 37 / Section 56-37-111
Refund of gross unearned premiums upon cancellation
Status: in_force

(a) Whenever a financed insurance contract is cancelled, the insurer shall return whatever gross unearned premiums are due under the insurance contract directly to the premium finance company for the account of the insured or insureds as soon as reasonably possible, but in no event shall the period for payment exceed thirty (30) days after the effective date of cancellation. In the event that the crediting of return premiums to the account of the insured results in a surplus over the amount due from the insured, the premium finance company shall refund the excess to the insured within thirty (30) days; provided, that no refund shall be required if it amounts to less than one dollar ($1.00). Failure by the insurer to remit the unearned premium to the finance company, as required by this subsection (a), shall make the insurer liable for any interest or finance fees that are assessed against the policyholder as a result of the failure to timely remit unearned premiums after the required period to remit the refund. (b) When cancellation of a financed insurance contract is requested by the premium finance company, the insurance company shall base the refund of the unearned premiums on a pro rata basis. Acts 1980, ch. 920, § 11; 1995, ch. 238, § 1; 2001, ch. 184, § 1.
(a) Whenever a financed insurance contract is cancelled, the insurer shall return whatever gross unearned premiums are due under the insurance contract directly to the premium finance company for the account of the insured or insureds as soon as reasonably possible, but in no event shall the period for payment exceed thirty (30) days after the effective date of cancellation. In the event that the crediting of return premiums to the account of the insured results in a surplus over the amount due from the insured, the premium finance company shall refund the excess to the insured within thirty (30) days; provided, that no refund shall be required if it amounts to less than one dollar ($1.00). Failure by the insurer to remit the unearned premium to the finance company, as required by this subsection (a), shall make the insurer liable for any interest or finance fees that are assessed against the policyholder as a result of the failure to timely remit unearned premiums after the required period to remit the refund.
(b) When cancellation of a financed insurance contract is requested by the premium finance company, the insurance company shall base the refund of the unearned premiums on a pro rata basis.
Acts 1980, ch. 920, § 11; 1995, ch. 238, § 1; 2001, ch. 184, § 1.
Tenn. Code Ann. § 56-7-112 — TN Code / Title 56 / Chapter 7 / Section 56-7-112
Deferred individual annuity contracts - Minimum guaranteed surrender value
Status: in_force

Deferred individual annuity contracts, except variable annuity contracts as provided for in chapter 3, part 5 of this title, filed for approval after July 1, 1976, or issued after July 1, 1977, must provide upon surrender of the contract guaranteed values in the form of a cash value or paid up annuity that are equal to or greater than the following minimum standards: (1) In the case of contracts providing level premiums or considerations, the minimum cash value shall not be less than fifty percent (50%) of the annual premium or consideration in the first policy year, plus eighty-five percent (85%) of the premiums or considerations for the second to the tenth policy years inclusive, plus ninety percent (90%) of the premiums or considerations after the tenth policy year, all accumulated at not less than three percent (3%) interest. The annual premiums to be accumulated may be diminished by a policy fee not greater than twenty dollars ($20.00) per year; (2) In the case of contracts providing premiums or considerations that may vary in amount, the minimum values shall be determined according to the same principles as described in subdivision (1), the cash value attributable to an increase in premium or consideration being computed on the basis of fifty percent (50%) of the excess of the premium or consideration over the largest premium or consideration paid in any prior contract year; (3) In the case of a single premium policy, the minimum cash value shall be equal to at least ninety percent (90%) of the single premium or consideration accumulated at not less than three percent (3%) interest; and (4) The contract shall provide that the company shall reserve the right to defer payment of the cash values for six (6) months after application for payment is made. Acts 1976, ch. 546, § 1; T.C.A., § 56-1171.
Deferred individual annuity contracts, except variable annuity contracts as provided for in chapter 3, part 5 of this title, filed for approval after July 1, 1976, or issued after July 1, 1977, must provide upon surrender of the contract guaranteed values in the form of a cash value or paid up annuity that are equal to or greater than the following minimum standards:
(1) In the case of contracts providing level premiums or considerations, the minimum cash value shall not be less than fifty percent (50%) of the annual premium or consideration in the first policy year, plus eighty-five percent (85%) of the premiums or considerations for the second to the tenth policy years inclusive, plus ninety percent (90%) of the premiums or considerations after the tenth policy year, all accumulated at not less than three percent (3%) interest. The annual premiums to be accumulated may be diminished by a policy fee not greater than twenty dollars ($20.00) per year;
(2) In the case of contracts providing premiums or considerations that may vary in amount, the minimum values shall be determined according to the same principles as described in subdivision (1), the cash value attributable to an increase in premium or consideration being computed on the basis of fifty percent (50%) of the excess of the premium or consideration over the largest premium or consideration paid in any prior contract year;
(3) In the case of a single premium policy, the minimum cash value shall be equal to at least ninety percent (90%) of the single premium or consideration accumulated at not less than three percent (3%) interest; and
(4) The contract shall provide that the company shall reserve the right to defer payment of the cash values for six (6) months after application for payment is made.
Acts 1976, ch. 546, § 1; T.C.A., § 56-1171.
Tenn. Code Ann. § 56-52-111 — TN Code / Title 56 / Chapter 52 / Section 56-52-111
Rules and regulations
Status: in_force

The commissioner may, after notice and hearing, promulgate reasonable rules, regulations and orders as are necessary or proper to carry out and effectuate this chapter, including, but not limited to, the standards for determining financial soundness and other qualifications of a charitable organization wishing to issue charitable gift annuities in this state. The regulations shall be subject to review in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2008, ch. 831, § 12.
The commissioner may, after notice and hearing, promulgate reasonable rules, regulations and orders as are necessary or proper to carry out and effectuate this chapter, including, but not limited to, the standards for determining financial soundness and other qualifications of a charitable organization wishing to issue charitable gift annuities in this state. The regulations shall be subject to review in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2008, ch. 831, § 12.
Tenn. Code Ann. § 56-1-301 — TN Code / Title 56 / Chapter 1 / Section 56-1-301
Director for division of regulatory boards
Status: in_force

The commissioner shall employ a director for the division of regulatory boards created under § 4-3-1303 . Acts 1978, ch. 906, § 1; modified; T.C.A., § 56-145.
The commissioner shall employ a director for the division of regulatory boards created under § 4-3-1303 .
Acts 1978, ch. 906, § 1; modified; T.C.A., § 56-145.
Tenn. Code Ann. § 56-27-114 — TN Code / Title 56 / Chapter 27 / Section 56-27-114
Administrative expenses
Status: in_force

(a) All acquisition and administrative expenses incurred in connection with the medical service corporation shall at all times be limited after the second year of operation to not exceed twenty-five percent (25%) of the total net premium income of the corporation. The expenses, during the first year, shall be limited to thirty-five percent (35%), and during the second year, the expenses shall be limited to thirty percent (30%). All acquisition and administrative expenses incurred shall be subject to the approval of the commissioner. (b) "Administrative expenses," as used in this section, includes all expenditures except payments for subscribers' claims. (c) Claim service expense shall be separately classified and included in administrative expense, unless otherwise ordered by the commissioner. No such corporation shall disburse as administrative expenses during any one (1) year a sum greater than the percentage limited by this section of payments received from subscribers during that calendar year. Acts 1945, ch. 113, § 15; C. Supp. 1950, § 4186.31 (Williams, § 4186.32); T.C.A. (orig. ed.), § 56-2914.
(a) All acquisition and administrative expenses incurred in connection with the medical service corporation shall at all times be limited after the second year of operation to not exceed twenty-five percent (25%) of the total net premium income of the corporation. The expenses, during the first year, shall be limited to thirty-five percent (35%), and during the second year, the expenses shall be limited to thirty percent (30%). All acquisition and administrative expenses incurred shall be subject to the approval of the commissioner.
(b) "Administrative expenses," as used in this section, includes all expenditures except payments for subscribers' claims.
(c) Claim service expense shall be separately classified and included in administrative expense, unless otherwise ordered by the commissioner. No such corporation shall disburse as administrative expenses during any one (1) year a sum greater than the percentage limited by this section of payments received from subscribers during that calendar year.
Acts 1945, ch. 113, § 15; C. Supp. 1950, § 4186.31 (Williams, § 4186.32); T.C.A. (orig. ed.), § 56-2914.
Tenn. Code Ann. § 56-31-121 — TN Code / Title 56 / Chapter 31 / Section 56-31-121
Suspension or cancellation of license - Withdrawal of approval of documents - Revocation and amendment of certificate, order, authority or consent
Status: in_force

(a) The commissioner has the authority to suspend or cancel the license of any vision service plan corporation or any agent of the corporation for violation of this chapter or violation of the insurance laws that may apply and that are not in conflict with this chapter, after proper legal notice and a hearing, which action of the commissioner shall be subject to judicial review. The commissioner has the authority, after the issuance of a certificate of authority, to withdraw approval, previously granted, of any document required to be filed with the department under any section of this chapter. In addition, the commissioner has the authority to require a vision service plan corporation to solicit in a manner required by agents' licensing laws, and to fulfill contracts approved by the commissioner, to utilize soliciting methods provided by this chapter, or by other insurance laws, to operate in a county or counties or area different from those to which the certificate of authority was granted, and to comply with all other orders and regulations of the commissioner. (b) The commissioner has the power and authority to revoke and amend, after reasonable notice and hearing, any certificate, order, authority or consent made by the commissioner to a vision service plan corporation, and may also cancel or suspend the authority of the corporation to transact business in any particular county or counties or area if the commissioner finds that less than fifty-one percent (51%) of the eligible licensed optometrists practicing in that county are participating optometrists and that less than 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. Acts 1969, ch. 118, § 22; T.C.A., § 56-3721.
(a) The commissioner has the authority to suspend or cancel the license of any vision service plan corporation or any agent of the corporation for violation of this chapter or violation of the insurance laws that may apply and that are not in conflict with this chapter, after proper legal notice and a hearing, which action of the commissioner shall be subject to judicial review. The commissioner has the authority, after the issuance of a certificate of authority, to withdraw approval, previously granted, of any document required to be filed with the department under any section of this chapter. In addition, the commissioner has the authority to require a vision service plan corporation to solicit in a manner required by agents' licensing laws, and to fulfill contracts approved by the commissioner, to utilize soliciting methods provided by this chapter, or by other insurance laws, to operate in a county or counties or area different from those to which the certificate of authority was granted, and to comply with all other orders and regulations of the commissioner.
(b) The commissioner has the power and authority to revoke and amend, after reasonable notice and hearing, any certificate, order, authority or consent made by the commissioner to a vision service plan corporation, and may also cancel or suspend the authority of the corporation to transact business in any particular county or counties or area if the commissioner finds that less than fifty-one percent (51%) of the eligible licensed optometrists practicing in that county are participating optometrists and that less than 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.
Acts 1969, ch. 118, § 22; T.C.A., § 56-3721.
Tenn. Code Ann. § 56-11-207 — TN Code / Title 56 / Chapter 11 / Section 56-11-207
Report to comply with ORSA Guidance Manual - Review of report
Status: in_force

(a) The ORSA Summary Report shall be prepared consistent with the ORSA Guidance Manual, subject to the requirements of subsection (b). Documentation and supporting information shall be maintained and made available upon examination or upon request of the commissioner. (b) The review of the ORSA Summary Report, and any additional requests for information, shall be made using similar procedures currently used in the analysis and examination of multi-state or global insurers or health maintenance organizations and insurance groups. Acts 2014, ch. 583, § 26.
(a) The ORSA Summary Report shall be prepared consistent with the ORSA Guidance Manual, subject to the requirements of subsection (b). Documentation and supporting information shall be maintained and made available upon examination or upon request of the commissioner.
(b) The review of the ORSA Summary Report, and any additional requests for information, shall be made using similar procedures currently used in the analysis and examination of multi-state or global insurers or health maintenance organizations and insurance groups.
Acts 2014, ch. 583, § 26.
Tenn. Code Ann. § 56-14-114 — TN Code / Title 56 / Chapter 14 / Section 56-14-114
Advertising
Status: in_force

Any agent who is granted a surplus lines license in accordance with this chapter may bring announcements or statements before the public in respect to the agent's ability to place surplus lines insurance as may be permitted by this chapter. Acts 1969, ch. 270, § 14; T.C.A., § 56-3814; Acts 2011, ch. 446, § 1.
Any agent who is granted a surplus lines license in accordance with this chapter may bring announcements or statements before the public in respect to the agent's ability to place surplus lines insurance as may be permitted by this chapter.
Acts 1969, ch. 270, § 14; T.C.A., § 56-3814; Acts 2011, ch. 446, § 1.
Tenn. Code Ann. § 56-30-129 — TN Code / Title 56 / Chapter 30 / Section 56-30-129
Settlement of dispute or controversy by commissioner - Review of decision
Status: in_force

Any dispute or controversy arising between a dental service plan corporation and any participating dentist or any dentist desiring to become a participating dentist, or any subscriber, or any other person whose subscription certificate has been cancelled, or to whom the corporation has refused to issue a certificate, may within thirty (30) days after the dispute or controversy arises be appealed to the commissioner by the person allegedly aggrieved, or a person or persons designated by the person. After proper notice and hearing, the commissioner shall make a finding, which shall be binding on any dental service plan corporation or agent of the corporation, subject to judicial review. Acts 1961, ch. 340, § 28; T.C.A., § 56-3529.
Any dispute or controversy arising between a dental service plan corporation and any participating dentist or any dentist desiring to become a participating dentist, or any subscriber, or any other person whose subscription certificate has been cancelled, or to whom the corporation has refused to issue a certificate, may within thirty (30) days after the dispute or controversy arises be appealed to the commissioner by the person allegedly aggrieved, or a person or persons designated by the person. After proper notice and hearing, the commissioner shall make a finding, which shall be binding on any dental service plan corporation or agent of the corporation, subject to judicial review.
Acts 1961, ch. 340, § 28; T.C.A., § 56-3529.
Tenn. Code Ann. § 56-7-1801 — TN Code / Title 56 / Chapter 7 / Section 56-7-1801
Short title
Status: in_force

This part shall be known and may be cited as the "Cancellation of Commercial Risk Insurance Act." Acts 1986, ch. 656, § 1.
This part shall be known and may be cited as the "Cancellation of Commercial Risk Insurance Act."
Acts 1986, ch. 656, § 1.
Tenn. Code Ann. § 56-7-2914 — TN Code / Title 56 / Chapter 7 / Section 56-7-2914
[For postponed repeal effective 6/30/2025, see T.C.A. 56-7-2916] Legislative review
Status: in_force

This part shall be reviewed annually by the commerce and labor committee of the senate, the insurance committee of the house of representatives, the finance, ways and means committee of the senate and the finance, ways and means committee of the house of representatives, and these committees shall recommend necessary changes to the governor and the general assembly. Amended by 2019 Tenn. Acts, ch. 345, s 127, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 17, eff. 4/19/2013. Acts 2006, ch. 867, §§ 10, 14.
This part shall be reviewed annually by the commerce and labor committee of the senate, the insurance committee of the house of representatives, the finance, ways and means committee of the senate and the finance, ways and means committee of the house of representatives, and these committees shall recommend necessary changes to the governor and the general assembly.
Amended by 2019 Tenn. Acts, ch. 345, s 127, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 17, eff. 4/19/2013.
Acts 2006, ch. 867, §§ 10, 14.
Tenn. Code Ann. § 56-43-109 — TN Code / Title 56 / Chapter 43 / Section 56-43-109
Reserves
Status: in_force

(a) An insurer must maintain the reserves necessary for the sound operation of the business, including unearned premium reserves. The amount and manner of calculating these reserves shall be determined by rule by the commissioner in accordance with § 56-43-112 . (b) In establishing and enforcing reserve requirements, the commissioner shall prescribe and allow a reasonable phase-in period prior to mandating full compliance with the reserve requirements by any person transacting the business of legal insurance on January 1, 1990. Acts 1989, ch. 423, § 8.
(a) An insurer must maintain the reserves necessary for the sound operation of the business, including unearned premium reserves. The amount and manner of calculating these reserves shall be determined by rule by the commissioner in accordance with § 56-43-112 .
(b) In establishing and enforcing reserve requirements, the commissioner shall prescribe and allow a reasonable phase-in period prior to mandating full compliance with the reserve requirements by any person transacting the business of legal insurance on January 1, 1990.
Acts 1989, ch. 423, § 8.
Tenn. Code Ann. § 56-7-2704 — TN Code / Title 56 / Chapter 7 / Section 56-7-2704
Genetic information - Privacy - Prohibited disclosures
Status: in_force

(a) A health insurance provider may not request or require an individual to whom the provider provides health insurance coverage, or an individual who desires the provider to provide health insurance coverage, to disclose to the provider genetic information about the individual or family member of the individual. (b) A health insurance provider may not disclose genetic information about an individual without the prior written authorization of the individual or legal representative of the individual. The authorization is required for each disclosure and shall include an identification of the person to whom the disclosure would be made. Amended by 2023 Tenn. Acts, ch. 246, s 5, eff. 7/1/2023. Acts 1997 , ch. 121, § 2.
(a) A health insurance provider may not request or require an individual to whom the provider provides health insurance coverage, or an individual who desires the provider to provide health insurance coverage, to disclose to the provider genetic information about the individual or family member of the individual.
(b) A health insurance provider may not disclose genetic information about an individual without the prior written authorization of the individual or legal representative of the individual. The authorization is required for each disclosure and shall include an identification of the person to whom the disclosure would be made.
Amended by 2023 Tenn. Acts, ch. 246, s 5, eff. 7/1/2023.
Acts 1997 , ch. 121, § 2.
Tenn. Code Ann. § 56-51-136 — TN Code / Title 56 / Chapter 51 / Section 56-51-136
Minimum net worth and working capital requirements
Status: in_force

(a) Except as set forth in subsection (c), each prepaid limited health service organization must at all times maintain a minimum net worth and working capital as required pursuant to § 56-32-112 . (b) Except as set forth in subsection (c), the department may not issue a certificate of authority unless the prepaid limited health service organization is in compliance with § 56-32-112 . (c) Notwithstanding subsections (a) and (b), the department is authorized to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled at title 4, chapter 5 that set forth minimum net worth and working capital requirements for any prepaid limited health service organization that limits the services it offers to services rendered by professionals licensed to practice the healing arts and regulated by a single health related board pursuant to title 63. Acts 2000, ch. 948, § 36.
(a) Except as set forth in subsection (c), each prepaid limited health service organization must at all times maintain a minimum net worth and working capital as required pursuant to § 56-32-112 .
(b) Except as set forth in subsection (c), the department may not issue a certificate of authority unless the prepaid limited health service organization is in compliance with § 56-32-112 .
(c) Notwithstanding subsections (a) and (b), the department is authorized to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled at title 4, chapter 5 that set forth minimum net worth and working capital requirements for any prepaid limited health service organization that limits the services it offers to services rendered by professionals licensed to practice the healing arts and regulated by a single health related board pursuant to title 63.
Acts 2000, ch. 948, § 36.
Tenn. Code Ann. § 56-23-108 — TN Code / Title 56 / Chapter 23 / Section 56-23-108
Reinsurance of excess fire risks in unauthorized company with approval of commissioner - Premium tax - Payment
Status: in_force

(a) No company doing business under this chapter shall reinsure any of its business in any unauthorized company, except upon the written approval of the commissioner. (b) The company shall pay the tax prescribed by chapter 4, part 2 of this title on all business it reinsures in companies not having their domicile in this state. Acts 1973, ch. 293, § 8; T.C.A., § 56-4208.
(a) No company doing business under this chapter shall reinsure any of its business in any unauthorized company, except upon the written approval of the commissioner.
(b) The company shall pay the tax prescribed by chapter 4, part 2 of this title on all business it reinsures in companies not having their domicile in this state.
Acts 1973, ch. 293, § 8; T.C.A., § 56-4208.
Tenn. Code Ann. § 56-9-405 — TN Code / Title 56 / Chapter 9 / Section 56-9-405
Institution of proceedings by commissioner upon request from officials of other states
Status: in_force

The commissioner, in the commissioner's sole discretion, may institute proceedings under §§ 56-9-201 and 56-9-202 , at the request of the commissioner or other appropriate insurance official of the domiciliary state of any foreign or alien insurer having property located in this state. Acts 1991, ch. 142, § 4.
The commissioner, in the commissioner's sole discretion, may institute proceedings under §§ 56-9-201 and 56-9-202 , at the request of the commissioner or other appropriate insurance official of the domiciliary state of any foreign or alien insurer having property located in this state.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-36-109 — TN Code / Title 56 / Chapter 36 / Section 56-36-109
Disclosure of limited benefits
Status: in_force

Any contract that does not provide cash surrender benefits or does not provide death benefits at least equal to the minimum nonforfeiture amount prior to the commencement of any annuity payments shall include a statement in a prominent place in the contract that the benefits are not provided. Acts 1978, ch. 590, § 9; T.C.A., § 56-4609.
Any contract that does not provide cash surrender benefits or does not provide death benefits at least equal to the minimum nonforfeiture amount prior to the commencement of any annuity payments shall include a statement in a prominent place in the contract that the benefits are not provided.
Acts 1978, ch. 590, § 9; T.C.A., § 56-4609.
Tenn. Code Ann. § 56-23-110 — TN Code / Title 56 / Chapter 23 / Section 56-23-110
Rules and regulations
Status: in_force

The commissioner is authorized to promulgate rules and regulations not in conflict with this chapter for the purpose of implementing this chapter, and the regulations so promulgated shall have the force and effect of law. Acts 1973, ch. 293, § 10; T.C.A., § 56-4210.
The commissioner is authorized to promulgate rules and regulations not in conflict with this chapter for the purpose of implementing this chapter, and the regulations so promulgated shall have the force and effect of law.
Acts 1973, ch. 293, § 10; T.C.A., § 56-4210.
Tenn. Code Ann. § 56-1-309 — TN Code / Title 56 / Chapter 1 / Section 56-1-309
Expenditure estimates - Improvement recommendations
Status: in_force

Before submitting an estimate of its expenditure requirements as provided in § 9-4-5103 , the department shall consult with each board, commission, or agency that is attached to the division of regulatory boards created under § 4-3-1303 and is authorized or required to collect any fees. The board, commission, or agency shall timely submit to the commissioner an itemized list of any improvements recommended for inclusion in the department's expenditure estimate. In the preparation of the estimate, the department shall clearly indicate the disposition of each improvement recommendation received under this section. The department shall transmit with its expenditure estimate a copy of each list of recommended improvements received under this section to the commissioner of finance and administration. Acts 1989, ch. 523, § 180.
Before submitting an estimate of its expenditure requirements as provided in § 9-4-5103 , the department shall consult with each board, commission, or agency that is attached to the division of regulatory boards created under § 4-3-1303 and is authorized or required to collect any fees. The board, commission, or agency shall timely submit to the commissioner an itemized list of any improvements recommended for inclusion in the department's expenditure estimate. In the preparation of the estimate, the department shall clearly indicate the disposition of each improvement recommendation received under this section. The department shall transmit with its expenditure estimate a copy of each list of recommended improvements received under this section to the commissioner of finance and administration.
Acts 1989, ch. 523, § 180.
Tenn. Code Ann. § 56-7-2201 — TN Code / Title 56 / Chapter 7 / Section 56-7-2201
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Small Employer Group Health Coverage Reform Act." Acts 1992, ch. 808, § 1.
This part shall be known and may be cited as the "Tennessee Small Employer Group Health Coverage Reform Act."
Acts 1992, ch. 808, § 1.
Tenn. Code Ann. § 56-1-106 — TN Code / Title 56 / Chapter 1 / Section 56-1-106
Requests for information regarding complaints - Time limits - Exceptions - Penalties
Status: in_force

(a) (1) Notwithstanding any other provision of law or rule to the contrary, if the department makes a request for information from an entity or individual licensed under this title, or required to be licensed under this title, concerning a complaint filed against the entity or individual, and the request requires a response, the entity or individual must respond to the request within a reasonable time. (2) (A) As used in this section, "reasonable time" means a period of time not to exceed thirty (30) days from the date the request is received by the entity or individual. (B) For the purposes of this section, the response by the entity or individual shall constitute a response if it acknowledges the inquiry from the department and sets forth a time frame to address the substantive issues in the inquiry. (b) This section does not apply to or preempt any other law that requires or allows the commissioner to require an individual or entity to respond to a request from the department within a period of time less than thirty (30) days. (c) The commissioner may levy a civil penalty in the amount of one hundred dollars ($100) per day upon any entity or individual that fails to respond within a reasonable time. (d) This section does not rescind or preempt any due process rights of entities regulated pursuant to this title. (e) This section does not apply to entities subject to regulation by the department that participate in the TennCare program under Title XIX of the Social Security Act ( 42 U.S.C. § 1396 et seq.), or any successor to the TennCare program. Acts 2004, ch. 496, § 1.
(a) (1) Notwithstanding any other provision of law or rule to the contrary, if the department makes a request for information from an entity or individual licensed under this title, or required to be licensed under this title, concerning a complaint filed against the entity or individual, and the request requires a response, the entity or individual must respond to the request within a reasonable time. (2) (A) As used in this section, "reasonable time" means a period of time not to exceed thirty (30) days from the date the request is received by the entity or individual. (B) For the purposes of this section, the response by the entity or individual shall constitute a response if it acknowledges the inquiry from the department and sets forth a time frame to address the substantive issues in the inquiry.
(1) Notwithstanding any other provision of law or rule to the contrary, if the department makes a request for information from an entity or individual licensed under this title, or required to be licensed under this title, concerning a complaint filed against the entity or individual, and the request requires a response, the entity or individual must respond to the request within a reasonable time.
(2) (A) As used in this section, "reasonable time" means a period of time not to exceed thirty (30) days from the date the request is received by the entity or individual. (B) For the purposes of this section, the response by the entity or individual shall constitute a response if it acknowledges the inquiry from the department and sets forth a time frame to address the substantive issues in the inquiry.
(A) As used in this section, "reasonable time" means a period of time not to exceed thirty (30) days from the date the request is received by the entity or individual.
(B) For the purposes of this section, the response by the entity or individual shall constitute a response if it acknowledges the inquiry from the department and sets forth a time frame to address the substantive issues in the inquiry.
(b) This section does not apply to or preempt any other law that requires or allows the commissioner to require an individual or entity to respond to a request from the department within a period of time less than thirty (30) days.
(c) The commissioner may levy a civil penalty in the amount of one hundred dollars ($100) per day upon any entity or individual that fails to respond within a reasonable time.
(d) This section does not rescind or preempt any due process rights of entities regulated pursuant to this title.
(e) This section does not apply to entities subject to regulation by the department that participate in the TennCare program under Title XIX of the Social Security Act ( 42 U.S.C. § 1396 et seq.), or any successor to the TennCare program.
Acts 2004, ch. 496, § 1.
Tenn. Code Ann. § 56-7-2401 — TN Code / Title 56 / Chapter 7 / Section 56-7-2401
Reimbursement for services of certain health care providers
Status: in_force

(a) Whenever any policy of insurance issued in this state provides for reimbursement for any service that is within the lawful scope of practice of a duly licensed optometrist, as defined in § 63-8-102 ; a licensed psychologist designated as a health service provider, as provided by title 63, chapter 11; licensed psychological examiner; certified psychological assistant supervised, as provided by title 63, chapter 11; licensed senior psychological examiner; a duly licensed podiatrist, as defined in § 63-3-101 ; a person duly licensed to engage in independent practice as a licensed clinical social worker in accordance with § 63-23-105 ; a duly licensed marital and family therapist, as defined in § 63-22-115 ; or a duly licensed professional counselor, as defined in § 63-22-122 , the insured or other person entitled to benefits under the policy shall be entitled to reimbursement for the services, whether the services are performed by a duly licensed physician; by a duly licensed optometrist; by a duly licensed podiatrist; by a duly licensed psychologist designated as a health service provider; by a duly licensed psychological examiner supervised, as provided by title 63, chapter 11; by a certified psychological assistant supervised, as provided by title 63, chapter 11; by a duly licensed senior psychological examiner; by a duly licensed independent practitioner of social work; by a duly licensed marital and family therapist; or by a duly licensed professional counselor, not to exceed the percentage of reimbursement provided for psychiatrists in the policy, notwithstanding any other provision in the policy. (b) Reimbursements shall be made in a timely manner. (c) The provisions of this section relating to podiatric services shall apply to all contracts, plans or policies issued or renewed on or after July 1, 1981. (d) As used in this section, "licensed psychologist designated as a health service provider" includes all psychologists previously licensed as clinical, school and counseling psychologists pursuant to title 63, chapter 11, prior to June 30, 1993, and who have been designated as health service providers. Acts 1965, ch. 357, § 1; 1974, ch. 450, § 1; T.C.A., § 56-1145; Acts 1981, ch. 168, §§ 1, 2, 10; 1982, ch. 821, §§ 2, 3; 1985, ch. 27, § 1; 1992, ch. 984, § 2; 1992, ch. 991, § 19; T.C.A., § 56-7-108 ; Acts 1994, ch. 845, § 1; 2001, ch. 334, §§ 9 - 11; 2010, ch. 726, § 1; 2012, ch. 595, § 1.
(a) Whenever any policy of insurance issued in this state provides for reimbursement for any service that is within the lawful scope of practice of a duly licensed optometrist, as defined in § 63-8-102 ; a licensed psychologist designated as a health service provider, as provided by title 63, chapter 11; licensed psychological examiner; certified psychological assistant supervised, as provided by title 63, chapter 11; licensed senior psychological examiner; a duly licensed podiatrist, as defined in § 63-3-101 ; a person duly licensed to engage in independent practice as a licensed clinical social worker in accordance with § 63-23-105 ; a duly licensed marital and family therapist, as defined in § 63-22-115 ; or a duly licensed professional counselor, as defined in § 63-22-122 , the insured or other person entitled to benefits under the policy shall be entitled to reimbursement for the services, whether the services are performed by a duly licensed physician; by a duly licensed optometrist; by a duly licensed podiatrist; by a duly licensed psychologist designated as a health service provider; by a duly licensed psychological examiner supervised, as provided by title 63, chapter 11; by a certified psychological assistant supervised, as provided by title 63, chapter 11; by a duly licensed senior psychological examiner; by a duly licensed independent practitioner of social work; by a duly licensed marital and family therapist; or by a duly licensed professional counselor, not to exceed the percentage of reimbursement provided for psychiatrists in the policy, notwithstanding any other provision in the policy.
(b) Reimbursements shall be made in a timely manner.
(c) The provisions of this section relating to podiatric services shall apply to all contracts, plans or policies issued or renewed on or after July 1, 1981.
(d) As used in this section, "licensed psychologist designated as a health service provider" includes all psychologists previously licensed as clinical, school and counseling psychologists pursuant to title 63, chapter 11, prior to June 30, 1993, and who have been designated as health service providers.
Acts 1965, ch. 357, § 1; 1974, ch. 450, § 1; T.C.A., § 56-1145; Acts 1981, ch. 168, §§ 1, 2, 10; 1982, ch. 821, §§ 2, 3; 1985, ch. 27, § 1; 1992, ch. 984, § 2; 1992, ch. 991, § 19; T.C.A., § 56-7-108 ; Acts 1994, ch. 845, § 1; 2001, ch. 334, §§ 9 - 11; 2010, ch. 726, § 1; 2012, ch. 595, § 1.
Tenn. Code Ann. § 56-60-103 — TN Code / Title 56 / Chapter 60 / Section 56-60-103
Exceptions
Status: in_force

This chapter does not apply: (1) In circumstances where access to the provider network contract is granted to an affiliate or a subsidiary of a contracting entity, or other entity if operating under the same brand licensee program as the contracting entity; (2) To a contract between a contracting entity and a discount medical plan organization; or (3) To the provision of any medical services for injuries covered by the Workers' Compensation Law, compiled in title 50, chapter 6. Acts 2009, ch. 466, § 4.
This chapter does not apply:
(1) In circumstances where access to the provider network contract is granted to an affiliate or a subsidiary of a contracting entity, or other entity if operating under the same brand licensee program as the contracting entity;
(2) To a contract between a contracting entity and a discount medical plan organization; or
(3) To the provision of any medical services for injuries covered by the Workers' Compensation Law, compiled in title 50, chapter 6.
Acts 2009, ch. 466, § 4.
Tenn. Code Ann. § 56-6-301 — TN Code / Title 56 / Chapter 6 / Section 56-6-301
Charges on unpaid balances on premium payments - Time-price differential
Status: in_force

Insurance agents licensed in this state may charge, receive and collect on the principal balance of unpaid insurance and bond premiums a time-price differential not to exceed the rate now provided for retail merchants under the Retail Installment Sales Act, compiled in title 47, chapter 11: (1) On so much of the principal balance as does not exceed five hundred dollars ($500), ten dollars ($10.00) per one hundred dollars ($100) per year; (2) If the principal balance exceeds five hundred dollars ($500), but is less than five thousand dollars ($5,000), eight dollars ($8.00) per one hundred dollars ($100) per year on that portion over five hundred dollars ($500); and (3) If the principal balance exceeds five thousand dollars ($5,000), six dollars ($6.00) per one hundred dollars ($100) per year on that portion over five thousand dollars ($5,000). Acts 1965, ch. 356, § 1; T.C.A., § 56-714.
Insurance agents licensed in this state may charge, receive and collect on the principal balance of unpaid insurance and bond premiums a time-price differential not to exceed the rate now provided for retail merchants under the Retail Installment Sales Act, compiled in title 47, chapter 11:
(1) On so much of the principal balance as does not exceed five hundred dollars ($500), ten dollars ($10.00) per one hundred dollars ($100) per year;
(2) If the principal balance exceeds five hundred dollars ($500), but is less than five thousand dollars ($5,000), eight dollars ($8.00) per one hundred dollars ($100) per year on that portion over five hundred dollars ($500); and
(3) If the principal balance exceeds five thousand dollars ($5,000), six dollars ($6.00) per one hundred dollars ($100) per year on that portion over five thousand dollars ($5,000).
Acts 1965, ch. 356, § 1; T.C.A., § 56-714.
Tenn. Code Ann. § 56-9-109 — TN Code / Title 56 / Chapter 9 / Section 56-9-109
Authentication of documents - Petitions and exhibitions - Cost of reproducing records
Status: in_force

(a) The receivership court shall receive as self-authenticated any of the following when offered by the commissioner: (1) Certified copies of the financial statements made by the insurer; and (2) Certified copies of examination reports of the insurer made by or on behalf of the commissioner. (b) The receiver has the authority to certify to the correctness of any paper, document or record of the office of the receiver and to make certificates of the receiver certifying any fact contained in the papers, documents or records of the office of the receiver; and the same shall be received in evidence in all cases in which the original would be evidence. (c) At any receivership hearing or proceeding, the verified petition and exhibits filed therewith shall be received as prima facie evidence of the facts therein contained. (d) The appointment of the commissioner as receiver shall in no way operate to bring records of a delinquent insurer under § 10-7-503 . If a third party successfully pursues a records request in the receivership court, the receiver shall be reimbursed for the reasonable cost of producing the records. Acts 1999, ch. 348, § 1.
(a) The receivership court shall receive as self-authenticated any of the following when offered by the commissioner: (1) Certified copies of the financial statements made by the insurer; and (2) Certified copies of examination reports of the insurer made by or on behalf of the commissioner.
(1) Certified copies of the financial statements made by the insurer; and
(2) Certified copies of examination reports of the insurer made by or on behalf of the commissioner.
(b) The receiver has the authority to certify to the correctness of any paper, document or record of the office of the receiver and to make certificates of the receiver certifying any fact contained in the papers, documents or records of the office of the receiver; and the same shall be received in evidence in all cases in which the original would be evidence.
(c) At any receivership hearing or proceeding, the verified petition and exhibits filed therewith shall be received as prima facie evidence of the facts therein contained.
(d) The appointment of the commissioner as receiver shall in no way operate to bring records of a delinquent insurer under § 10-7-503 . If a third party successfully pursues a records request in the receivership court, the receiver shall be reimbursed for the reasonable cost of producing the records.
Acts 1999, ch. 348, § 1.
Tenn. Code Ann. § 56-21-104 — TN Code / Title 56 / Chapter 21 / Section 56-21-104
Investment of guaranty capital and other assets
Status: in_force

The capital and other invested assets of the company shall be invested in real estate mortgages or mortgage notes, not exceeding one half (1/2) of the value of the property, or in such other securities as are permitted for investment by domestic stock fire insurance companies. Acts 1907, ch. 461, § 2; Shan., § 3369a5; Acts 1921, ch. 160, § 2; Code 1932, § 6256; T.C.A. (orig. ed.), § 56-2006.
The capital and other invested assets of the company shall be invested in real estate mortgages or mortgage notes, not exceeding one half (1/2) of the value of the property, or in such other securities as are permitted for investment by domestic stock fire insurance companies.
Acts 1907, ch. 461, § 2; Shan., § 3369a5; Acts 1921, ch. 160, § 2; Code 1932, § 6256; T.C.A. (orig. ed.), § 56-2006.
Tenn. Code Ann. § 56-60-104 — TN Code / Title 56 / Chapter 60 / Section 56-60-104
Registration as a contracting entity
Status: in_force

(a) Any individual or entity that commences business as a contracting entity shall register with the department within thirty (30) days of commencing business in this state unless the individual or entity is licensed by the department as an insurer or third party administrator. Any contracting entity not licensed by the department as an insurer or third party administrator shall register with the department within ninety (90) days of January 1, 2010. If a contracting entity fails to register with the department in compliance with this section, then the commissioner may assess penalties as set forth in § 56-2-305(a)(1) or (a)(2) . (b) (1) Registration shall consist of the submission of the following information: (A) The official name of the contracting entity, including any doing business as (d/b/a) designations used in this state; (B) The mailing address and official telephone number for the contracting entity's principal headquarters; (C) The name and telephone number of the contracting entity's representative who will serve as the primary contact with the department; and (D) Any other information as requested by the department. (2) The information required by subdivision (b)(1) shall be submitted in written or electronic format, as prescribed by the department. (c) The department may impose a registration fee to defray the cost of administering this section. Acts 2009, ch. 466, § 5.
(a) Any individual or entity that commences business as a contracting entity shall register with the department within thirty (30) days of commencing business in this state unless the individual or entity is licensed by the department as an insurer or third party administrator. Any contracting entity not licensed by the department as an insurer or third party administrator shall register with the department within ninety (90) days of January 1, 2010. If a contracting entity fails to register with the department in compliance with this section, then the commissioner may assess penalties as set forth in § 56-2-305(a)(1) or (a)(2) .
(b) (1) Registration shall consist of the submission of the following information: (A) The official name of the contracting entity, including any doing business as (d/b/a) designations used in this state; (B) The mailing address and official telephone number for the contracting entity's principal headquarters; (C) The name and telephone number of the contracting entity's representative who will serve as the primary contact with the department; and (D) Any other information as requested by the department. (2) The information required by subdivision (b)(1) shall be submitted in written or electronic format, as prescribed by the department.
(1) Registration shall consist of the submission of the following information: (A) The official name of the contracting entity, including any doing business as (d/b/a) designations used in this state; (B) The mailing address and official telephone number for the contracting entity's principal headquarters; (C) The name and telephone number of the contracting entity's representative who will serve as the primary contact with the department; and (D) Any other information as requested by the department.
(A) The official name of the contracting entity, including any doing business as (d/b/a) designations used in this state;
(B) The mailing address and official telephone number for the contracting entity's principal headquarters;
(C) The name and telephone number of the contracting entity's representative who will serve as the primary contact with the department; and
(D) Any other information as requested by the department.
(2) The information required by subdivision (b)(1) shall be submitted in written or electronic format, as prescribed by the department.
(c) The department may impose a registration fee to defray the cost of administering this section.
Acts 2009, ch. 466, § 5.
Tenn. Code Ann. § 56-7-1204 — TN Code / Title 56 / Chapter 7 / Section 56-7-1204
Payment by insurer - Subrogation
Status: in_force

(a) In the event of payment to any person under the coverage required by this part, and subject to the terms and conditions of the coverage, the insurer making payment shall, to the extent of the coverage, be subrogated to all of the rights of the person to whom payment has been made, and shall be entitled to the proceeds of any settlement or judgment resulting from the exercise of any rights of recovery of the person against any person or organization legally responsible for the bodily injury or property damage for which payment is made, including the proceeds recoverable from the assets of an insolvent insurer. (b) Payment by an insurer under the coverage required by this part shall not constitute a satisfaction of the liability of the party or parties responsible for the bodily injury or property damage under the financial responsibility laws of this state. Acts 1967, ch. 371, § 4; T.C.A., § 56-1151; Acts 1982, ch. 835, § 3.
(a) In the event of payment to any person under the coverage required by this part, and subject to the terms and conditions of the coverage, the insurer making payment shall, to the extent of the coverage, be subrogated to all of the rights of the person to whom payment has been made, and shall be entitled to the proceeds of any settlement or judgment resulting from the exercise of any rights of recovery of the person against any person or organization legally responsible for the bodily injury or property damage for which payment is made, including the proceeds recoverable from the assets of an insolvent insurer.
(b) Payment by an insurer under the coverage required by this part shall not constitute a satisfaction of the liability of the party or parties responsible for the bodily injury or property damage under the financial responsibility laws of this state.
Acts 1967, ch. 371, § 4; T.C.A., § 56-1151; Acts 1982, ch. 835, § 3.
Tenn. Code Ann. § 56-6-1105 — TN Code / Title 56 / Chapter 6 / Section 56-6-1105
Violations
Status: in_force

If a vendor of portable electronics or its employee or authorized representative violates this part, the commissioner is authorized to: (1) After notice and hearing, impose on a person's license pursuant to this part civil penalties not to exceed five hundred dollars ($500) per violation and five thousand dollars ($5,000) in the aggregate for such conduct; and (2) After notice and hearing, impose on a person's license pursuant to this part other penalties that the commissioner deems necessary and reasonable to carry out the purpose of this part, including: (A) Suspending the privilege of transacting portable electronics insurance pursuant to this part at specific business locations where violations have occurred; and (B) Suspending or revoking the ability of individual employees or authorized representatives to act under a license issued pursuant to § 56-6-1102 . Acts 2011, ch. 312, § 6.
If a vendor of portable electronics or its employee or authorized representative violates this part, the commissioner is authorized to:
(1) After notice and hearing, impose on a person's license pursuant to this part civil penalties not to exceed five hundred dollars ($500) per violation and five thousand dollars ($5,000) in the aggregate for such conduct; and
(2) After notice and hearing, impose on a person's license pursuant to this part other penalties that the commissioner deems necessary and reasonable to carry out the purpose of this part, including: (A) Suspending the privilege of transacting portable electronics insurance pursuant to this part at specific business locations where violations have occurred; and (B) Suspending or revoking the ability of individual employees or authorized representatives to act under a license issued pursuant to § 56-6-1102 .
(A) Suspending the privilege of transacting portable electronics insurance pursuant to this part at specific business locations where violations have occurred; and
(B) Suspending or revoking the ability of individual employees or authorized representatives to act under a license issued pursuant to § 56-6-1102 .
Acts 2011, ch. 312, § 6.
Tenn. Code Ann. § 56-23-107 — TN Code / Title 56 / Chapter 23 / Section 56-23-107
Reinsurance of fire risks with or for other companies
Status: in_force

Any state stock fire insurance company organized under the laws of this state is empowered to contract with any insurance company authorized to do business in this state to reinsure the whole or any part of any risk it has outstanding by reason of the issuance of its policy of insurance. Acts 1973, ch. 293, § 7; T.C.A., § 56-4207.
Any state stock fire insurance company organized under the laws of this state is empowered to contract with any insurance company authorized to do business in this state to reinsure the whole or any part of any risk it has outstanding by reason of the issuance of its policy of insurance.
Acts 1973, ch. 293, § 7; T.C.A., § 56-4207.
Tenn. Code Ann. § 56-7-3204 — TN Code / Title 56 / Chapter 7 / Section 56-7-3204
Construction of part
Status: in_force

The requirements of this part shall only be construed to apply to policies, contracts and certificates executed, delivered, issued for delivery or renewed in this state on or after January 1, 2010. Acts 2009, ch. 355, § 1.
The requirements of this part shall only be construed to apply to policies, contracts and certificates executed, delivered, issued for delivery or renewed in this state on or after January 1, 2010.
Acts 2009, ch. 355, § 1.
Tenn. Code Ann. § 56-30-117 — TN Code / Title 56 / Chapter 30 / Section 56-30-117
Annual statement - Form - Filing fee
Status: in_force

The dental service plan corporation shall annually, on or before March 1, file in the office of the department a statement of its operations for the calendar year, showing financial condition as of December 31 then next preceding, in such form and content as the commissioner prescribes, signed and sworn to by its president and secretary, or other proper officers, and shall pay for the filing of the statement the sum of fifty dollars ($50.00). Acts 1961, ch. 340, § 16; impl. am. Acts 1971, ch. 137, § 1; 1979, ch. 298, § 11; T.C.A., § 56-3517.
The dental service plan corporation shall annually, on or before March 1, file in the office of the department a statement of its operations for the calendar year, showing financial condition as of December 31 then next preceding, in such form and content as the commissioner prescribes, signed and sworn to by its president and secretary, or other proper officers, and shall pay for the filing of the statement the sum of fifty dollars ($50.00).
Acts 1961, ch. 340, § 16; impl. am. Acts 1971, ch. 137, § 1; 1979, ch. 298, § 11; T.C.A., § 56-3517.
Tenn. Code Ann. § 56-6-507 — TN Code / Title 56 / Chapter 6 / Section 56-6-507
Violations of provisions of part - Penalties
Status: in_force

(a) If the commissioner finds, after a hearing conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that any person has violated this part, the commissioner may order: (1) For each separate violation, a penalty in an amount of five thousand dollars ($5,000); (2) Revocation or suspension of the producer's license; and (3) The MGA to reimburse the insurer, the rehabilitator or liquidator of the insurer for any losses incurred by the insurer caused by a violation of this part committed by the MGA. (b) The decision, determination or order of the commissioner pursuant to subsection (a) is subject to judicial review pursuant to the Uniform Administrative Procedures Act and state insurance law. (c) Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided for in the insurance law. (d) Nothing contained in this part is intended to or shall in any manner limit or restrict the rights of policyholders, claimants and auditors. Acts 1991, ch. 142, § 7.
(a) If the commissioner finds, after a hearing conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that any person has violated this part, the commissioner may order: (1) For each separate violation, a penalty in an amount of five thousand dollars ($5,000); (2) Revocation or suspension of the producer's license; and (3) The MGA to reimburse the insurer, the rehabilitator or liquidator of the insurer for any losses incurred by the insurer caused by a violation of this part committed by the MGA.
(1) For each separate violation, a penalty in an amount of five thousand dollars ($5,000);
(2) Revocation or suspension of the producer's license; and
(3) The MGA to reimburse the insurer, the rehabilitator or liquidator of the insurer for any losses incurred by the insurer caused by a violation of this part committed by the MGA.
(b) The decision, determination or order of the commissioner pursuant to subsection (a) is subject to judicial review pursuant to the Uniform Administrative Procedures Act and state insurance law.
(c) Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided for in the insurance law.
(d) Nothing contained in this part is intended to or shall in any manner limit or restrict the rights of policyholders, claimants and auditors.
Acts 1991, ch. 142, § 7.
Tenn. Code Ann. § 56-5-116 — TN Code / Title 56 / Chapter 5 / Section 56-5-116
Payment of dividends, savings, and premium deposits unaffected
Status: in_force

Nothing in this part shall be construed to prohibit or regulate the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers. A plan for the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers shall not be deemed a rating plan. Acts 1983, ch. 66, § 17.
Nothing in this part shall be construed to prohibit or regulate the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers. A plan for the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers shall not be deemed a rating plan.
Acts 1983, ch. 66, § 17.
Tenn. Code Ann. § 56-49-106 — TN Code / Title 56 / Chapter 49 / Section 56-49-106
Exclusion from coverage
Status: in_force

(a) Creditor-placed insurance coverage shall not include: (1) Coverage for the cost of repossession; (2) Skip, confiscation and conversion coverage; (3) Coverage for payment of mechanics' or other liens that do not arise from a covered loss occurrence; (4) Coverage that requires a debtor's insurance deductible to be less than two hundred dollars ($200); or (5) Coverage that is broader than the insurance coverages that meets the minimum insurance requirements of the credit agreement. (b) Nothing in this section shall be deemed to prohibit the issuance of a separate policy or endorsement providing the coverages listed in subsection (a). However, no charge shall be passed along to the debtor for the coverages. Acts 1999, ch. 144, § 6.
(a) Creditor-placed insurance coverage shall not include: (1) Coverage for the cost of repossession; (2) Skip, confiscation and conversion coverage; (3) Coverage for payment of mechanics' or other liens that do not arise from a covered loss occurrence; (4) Coverage that requires a debtor's insurance deductible to be less than two hundred dollars ($200); or (5) Coverage that is broader than the insurance coverages that meets the minimum insurance requirements of the credit agreement.
(1) Coverage for the cost of repossession;
(2) Skip, confiscation and conversion coverage;
(3) Coverage for payment of mechanics' or other liens that do not arise from a covered loss occurrence;
(4) Coverage that requires a debtor's insurance deductible to be less than two hundred dollars ($200); or
(5) Coverage that is broader than the insurance coverages that meets the minimum insurance requirements of the credit agreement.
(b) Nothing in this section shall be deemed to prohibit the issuance of a separate policy or endorsement providing the coverages listed in subsection (a). However, no charge shall be passed along to the debtor for the coverages.
Acts 1999, ch. 144, § 6.
Tenn. Code Ann. § 56-4-301 — TN Code / Title 56 / Chapter 4 / Section 56-4-301
Tax imposed
Status: in_force

(a) Every corporation, company, partnership, or individual writing, issuing, servicing and/or collecting installments on contracts now being written or issued or contracts heretofore written, issued and sold in this state, commonly known as income reserve contracts, installment investment trusts, including investors' syndicates, investment associations and the like, each of which is called an "investment company" in this part, or which corporation, company, partnership, or individual is engaged in servicing contracts now being issued or heretofore issued or collecting installments on the contracts, shall be deemed to be engaged in a business declared to be a privilege; and for the purpose of providing revenue for the state, there shall be levied against and collected from each investment company a special tax measured by gross profits or income, as defined in § 56-4-305 , of the investment company or that portion of the gross profits or income as shall be allocated to the state, as provided in this part. (b) Notwithstanding subsection (a), no tax under this part shall be imposed on any person registered as a broker or a dealer under §§ 3(a)(4) or (5) of the Securities Exchange Act of 1934 ( 15 U.S.C. § 78c(a)(4) or (a)(5) ), regardless of any related or incidental activities carried on by the person in connection with its business as a broker or a dealer. Acts 1939, ch. 187, § 1; 1943, ch. 127, § 1; C. Supp. 1950, § 1248.33 (Williams, § 1248.160); Acts 1977, ch. 347, § 2; T.C.A. (orig. ed.), §§ 67-4401, 67-4-1201; Acts 2000, ch. 870, § 1.
(a) Every corporation, company, partnership, or individual writing, issuing, servicing and/or collecting installments on contracts now being written or issued or contracts heretofore written, issued and sold in this state, commonly known as income reserve contracts, installment investment trusts, including investors' syndicates, investment associations and the like, each of which is called an "investment company" in this part, or which corporation, company, partnership, or individual is engaged in servicing contracts now being issued or heretofore issued or collecting installments on the contracts, shall be deemed to be engaged in a business declared to be a privilege; and for the purpose of providing revenue for the state, there shall be levied against and collected from each investment company a special tax measured by gross profits or income, as defined in § 56-4-305 , of the investment company or that portion of the gross profits or income as shall be allocated to the state, as provided in this part.
(b) Notwithstanding subsection (a), no tax under this part shall be imposed on any person registered as a broker or a dealer under §§ 3(a)(4) or (5) of the Securities Exchange Act of 1934 ( 15 U.S.C. § 78c(a)(4) or (a)(5) ), regardless of any related or incidental activities carried on by the person in connection with its business as a broker or a dealer.
Acts 1939, ch. 187, § 1; 1943, ch. 127, § 1; C. Supp. 1950, § 1248.33 (Williams, § 1248.160); Acts 1977, ch. 347, § 2; T.C.A. (orig. ed.), §§ 67-4401, 67-4-1201; Acts 2000, ch. 870, § 1.
Tenn. Code Ann. § 56-22-101 — TN Code / Title 56 / Chapter 22 / Section 56-22-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee County Mutual Insurance Company Act of 2006." Acts 2006, ch. 689, §§ 3, 4.
This chapter shall be known and may be cited as the "Tennessee County Mutual Insurance Company Act of 2006."
Acts 2006, ch. 689, §§ 3, 4.
Tenn. Code Ann. § 56-25-401 — TN Code / Title 56 / Chapter 25 / Section 56-25-401
Benefits
Status: in_force

(a) A society may provide the following contractual benefits in any form: (1) Death benefits; (2) Endowment benefits; (3) Annuity benefits; (4) Temporary or permanent disability benefits; (5) Hospital, medical or nursing benefits; (6) Monument or tombstone benefits to the memory of deceased members; and (7) Such other benefits as authorized for life insurers and that are not inconsistent with this chapter. (b) A society shall specify in its rules those persons who may be issued, or covered by, the contractual benefits in subsection (a), consistent with providing benefits to members and their dependents. A society may provide benefits on the lives of children under the minimum age for adult membership upon application of an adult person. Acts 1990, ch. 703, § 1.
(a) A society may provide the following contractual benefits in any form: (1) Death benefits; (2) Endowment benefits; (3) Annuity benefits; (4) Temporary or permanent disability benefits; (5) Hospital, medical or nursing benefits; (6) Monument or tombstone benefits to the memory of deceased members; and (7) Such other benefits as authorized for life insurers and that are not inconsistent with this chapter.
(1) Death benefits;
(2) Endowment benefits;
(3) Annuity benefits;
(4) Temporary or permanent disability benefits;
(5) Hospital, medical or nursing benefits;
(6) Monument or tombstone benefits to the memory of deceased members; and
(7) Such other benefits as authorized for life insurers and that are not inconsistent with this chapter.
(b) A society shall specify in its rules those persons who may be issued, or covered by, the contractual benefits in subsection (a), consistent with providing benefits to members and their dependents. A society may provide benefits on the lives of children under the minimum age for adult membership upon application of an adult person.
Acts 1990, ch. 703, § 1.
Tenn. Code Ann. § 56-30-104 — TN Code / Title 56 / Chapter 30 / Section 56-30-104
Articles of incorporation - Approval by commissioner
Status: in_force

The articles of incorporation of the nonprofit dental service corporation or amendments to the articles shall be submitted to the commissioner, and shall be subject to the commissioner's approval, which shall be endorsed on the articles or amendments before they are filed with the secretary of state. Acts 1961, ch. 340, § 4; T.C.A., § 56-3504.
The articles of incorporation of the nonprofit dental service corporation or amendments to the articles shall be submitted to the commissioner, and shall be subject to the commissioner's approval, which shall be endorsed on the articles or amendments before they are filed with the secretary of state.
Acts 1961, ch. 340, § 4; T.C.A., § 56-3504.
Tenn. Code Ann. § 56-27-122 — TN Code / Title 56 / Chapter 27 / Section 56-27-122
Suspension or cancellation of licenses - Withdrawal of approval of documents - Amendment of certificate of authority - Revocation and amendment of certificate, order, authority or consent
Status: in_force

(a) The commissioner has the authority to suspend or cancel the license of any medical service corporation or any agent of the corporation for violation of this chapter or of the insurance laws that may apply that are not in conflict with this chapter, after proper legal notice and opportunity of hearing, and subject to judicial review. The commissioner has the authority, after the issuance of a certificate of authority, to withdraw approval that the commissioner may have previously granted of any document required to be filed with the department under any section of this chapter. Such authority includes the right to require a medical service plan corporation to solicit in a manner required by agents' licensing laws, and to fulfill contracts approved by the commissioner, to utilize soliciting methods provided by this chapter, or by other insurance laws, including the agents' licensing law applying to casualty companies, or to operate in a county or counties or area different from those on which the certificate of authority was based, and to comply with other orders and regulations of the commissioner or requirements of this chapter; provided, that the contracts and practices are in compliance with this chapter and are not violative of other laws of this state. The authorization shall be deemed to be an amendment to the original certificate of authority. (b) The commissioner has the power and authority to revoke and amend, after reasonable notice and hearing, any certificate, order, authority or consent made by the commissioner to a medical service plan corporation, and may also cancel or suspend the authority of the corporation to transact business in any particular county or counties or area if the commissioner finds that less than fifty-one percent (51%) of the eligible licensed doctors of medicine practicing in that county are participating physicians. Acts 1945, ch. 113, § 8; C. Supp. 1950, § 4186.25; T.C.A. (orig. ed.), § 56-2922.
(a) The commissioner has the authority to suspend or cancel the license of any medical service corporation or any agent of the corporation for violation of this chapter or of the insurance laws that may apply that are not in conflict with this chapter, after proper legal notice and opportunity of hearing, and subject to judicial review. The commissioner has the authority, after the issuance of a certificate of authority, to withdraw approval that the commissioner may have previously granted of any document required to be filed with the department under any section of this chapter. Such authority includes the right to require a medical service plan corporation to solicit in a manner required by agents' licensing laws, and to fulfill contracts approved by the commissioner, to utilize soliciting methods provided by this chapter, or by other insurance laws, including the agents' licensing law applying to casualty companies, or to operate in a county or counties or area different from those on which the certificate of authority was based, and to comply with other orders and regulations of the commissioner or requirements of this chapter; provided, that the contracts and practices are in compliance with this chapter and are not violative of other laws of this state. The authorization shall be deemed to be an amendment to the original certificate of authority.
(b) The commissioner has the power and authority to revoke and amend, after reasonable notice and hearing, any certificate, order, authority or consent made by the commissioner to a medical service plan corporation, and may also cancel or suspend the authority of the corporation to transact business in any particular county or counties or area if the commissioner finds that less than fifty-one percent (51%) of the eligible licensed doctors of medicine practicing in that county are participating physicians.
Acts 1945, ch. 113, § 8; C. Supp. 1950, § 4186.25; T.C.A. (orig. ed.), § 56-2922.
Tenn. Code Ann. § 56-35-204 — TN Code / Title 56 / Chapter 35 / Section 56-35-204
Appointment of agents - Terminations - Renewals - Fees - Exceptions
Status: in_force

(a) Every title insurance company qualified under this chapter shall obtain from the commissioner approval of appointments for every agent writing or soliciting insurance for it as provided in this state. Appointments of agents shall expire one minute past midnight (12:01 a.m.), January 1 of each year, or may be terminated by the insurer at any time by submitting the required termination form to the commissioner as set forth in § 56-6-153 [repealed]. (b) Annually, and prior to January 1 of each year, every title insurance company shall file with the commissioner, in the form and manner that the commissioner prescribes, a designation or certification of all its agents whose appointments are to be renewed. (c) The fee for each appointment or renewal of an insurance agent and for each duplicate request for appointment of an insurance agent shall be six dollars ($6.00) and shall be in lieu of all other taxes on this privilege. Appointment fees shall not be refundable. (d) This section does not apply to any executive, traveling salaried employees or persons employed by the agents solely for the performance of clerical, stenographic or similar office duties. Acts 1955, ch. 173, § 7; impl. am. Acts 1971, ch. 137, § 2; T.C.A., §§ 56-3410, 56-35-110; Acts 1982, ch. 644, § 7.
(a) Every title insurance company qualified under this chapter shall obtain from the commissioner approval of appointments for every agent writing or soliciting insurance for it as provided in this state. Appointments of agents shall expire one minute past midnight (12:01 a.m.), January 1 of each year, or may be terminated by the insurer at any time by submitting the required termination form to the commissioner as set forth in § 56-6-153 [repealed].
(b) Annually, and prior to January 1 of each year, every title insurance company shall file with the commissioner, in the form and manner that the commissioner prescribes, a designation or certification of all its agents whose appointments are to be renewed.
(c) The fee for each appointment or renewal of an insurance agent and for each duplicate request for appointment of an insurance agent shall be six dollars ($6.00) and shall be in lieu of all other taxes on this privilege. Appointment fees shall not be refundable.
(d) This section does not apply to any executive, traveling salaried employees or persons employed by the agents solely for the performance of clerical, stenographic or similar office duties.
Acts 1955, ch. 173, § 7; impl. am. Acts 1971, ch. 137, § 2; T.C.A., §§ 56-3410, 56-35-110; Acts 1982, ch. 644, § 7.
Tenn. Code Ann. § 56-36-112 — TN Code / Title 56 / Chapter 36 / Section 56-36-112
Operative dates
Status: in_force

After March 13, 1978, any company may file with the commissioner a written notice of its election to comply with this chapter after a specified date, which shall be the operative date of this chapter for the company, and this chapter shall become operative with respect to annuity contracts thereafter issued by the company. If a company makes no election, the operative date of this chapter for the company shall be March 13, 1980, and until the operative date the company shall continue to be governed by § 56-7-112 . Acts 1978, ch. 590, § 12; T.C.A., § 56-4612.
After March 13, 1978, any company may file with the commissioner a written notice of its election to comply with this chapter after a specified date, which shall be the operative date of this chapter for the company, and this chapter shall become operative with respect to annuity contracts thereafter issued by the company. If a company makes no election, the operative date of this chapter for the company shall be March 13, 1980, and until the operative date the company shall continue to be governed by § 56-7-112 .
Acts 1978, ch. 590, § 12; T.C.A., § 56-4612.
Tenn. Code Ann. § 56-19-122 — TN Code / Title 56 / Chapter 19 / Section 56-19-122
Companies governed by this chapter not subject to any other law
Status: in_force

Except as provided in this chapter, insurance companies organized or admitted to do business in this state under this chapter are not subject to any other law of this state governing insurance companies unless they are specifically mentioned or clearly included in its terms. Acts 1919, ch. 108, § 18; Shan. Supp., § 3369a58b24; mod. Code 1932, § 6336; modified; T.C.A. (orig. ed.), § 56-1722.
Except as provided in this chapter, insurance companies organized or admitted to do business in this state under this chapter are not subject to any other law of this state governing insurance companies unless they are specifically mentioned or clearly included in its terms.
Acts 1919, ch. 108, § 18; Shan. Supp., § 3369a58b24; mod. Code 1932, § 6336; modified; T.C.A. (orig. ed.), § 56-1722.
Tenn. Code Ann. § 56-7-3114 — TN Code / Title 56 / Chapter 7 / Section 56-7-3114
Right to provide information regarding amount of insured's cost share of prescription drug
Status: in_force

A pharmacy or pharmacist has the right to provide an insured information regarding the amount of the insured's cost share for a prescription drug. Neither a pharmacy nor a pharmacist shall be penalized by a pharmacy benefits manager for discussing any information described in this section or for selling a lower priced drug to the insured if one is available. Acts 2018, ch. 1015, § 3.
A pharmacy or pharmacist has the right to provide an insured information regarding the amount of the insured's cost share for a prescription drug. Neither a pharmacy nor a pharmacist shall be penalized by a pharmacy benefits manager for discussing any information described in this section or for selling a lower priced drug to the insured if one is available.
Acts 2018, ch. 1015, § 3.
Tenn. Code Ann. § 56-51-131 — TN Code / Title 56 / Chapter 51 / Section 56-51-131
Complaint system
Status: in_force

Every prepaid limited health service organization, except the organizations that participate in the TennCare program, shall comply with § 56-32-110 . Acts 2000, ch. 948, § 31.
Every prepaid limited health service organization, except the organizations that participate in the TennCare program, shall comply with § 56-32-110 .
Acts 2000, ch. 948, § 31.
Tenn. Code Ann. § 56-36-106 — TN Code / Title 56 / Chapter 36 / Section 56-36-106
Calculation of cash surrender values
Status: in_force

For contracts that provide cash surrender benefits, the cash surrender benefits available prior to maturity shall not be less than the present value as of the date of surrender of that portion of the maturity value of the paid-up annuity benefit that would be provided under the contract at maturity arising from considerations paid prior to the time of cash surrender, reduced by the amount appropriate to reflect any prior withdrawals from or partial surrenders of the contract, the present value being calculated on the basis of an interest rate not more than one percent (1%) higher than the interest rate specified in the contract for accumulating the net considerations to determine the maturity value, decreased by the amount of any indebtedness to the company on the contract, including interest due and accrued, and increased by any existing additional amounts credited by the company to the contract. In no event shall any cash surrender benefit be less than the minimum nonforfeiture amount at that time. The death benefit under the contracts shall be at least equal to the cash surrender benefit. Acts 1978, ch. 590, § 6; T.C.A., § 56-4606.
For contracts that provide cash surrender benefits, the cash surrender benefits available prior to maturity shall not be less than the present value as of the date of surrender of that portion of the maturity value of the paid-up annuity benefit that would be provided under the contract at maturity arising from considerations paid prior to the time of cash surrender, reduced by the amount appropriate to reflect any prior withdrawals from or partial surrenders of the contract, the present value being calculated on the basis of an interest rate not more than one percent (1%) higher than the interest rate specified in the contract for accumulating the net considerations to determine the maturity value, decreased by the amount of any indebtedness to the company on the contract, including interest due and accrued, and increased by any existing additional amounts credited by the company to the contract. In no event shall any cash surrender benefit be less than the minimum nonforfeiture amount at that time. The death benefit under the contracts shall be at least equal to the cash surrender benefit.
Acts 1978, ch. 590, § 6; T.C.A., § 56-4606.
Tenn. Code Ann. § 56-7-1111 — TN Code / Title 56 / Chapter 7 / Section 56-7-1111
Antique automobiles - Valuation
Status: in_force

(a) If, at the request of the insurer, an appraisal of personal property to be insured under an automobile policy insuring an antique automobile is made, then, in the absence of fraud, the appraised value of the property shall be binding on the insurer if the insurer: (1) Charges and accepts a premium for the policy or endorsement to the policy that is based on the amount of the appraised value; and (2) Issues a policy or endorsement to the policy that provides coverage of the property in the amount of the appraised value. (b) This section shall apply only to policies insuring antique automobiles delivered, issued for delivery or renewed in this state after July 1, 1990. Acts 1990, ch. 895, § 1.
(a) If, at the request of the insurer, an appraisal of personal property to be insured under an automobile policy insuring an antique automobile is made, then, in the absence of fraud, the appraised value of the property shall be binding on the insurer if the insurer: (1) Charges and accepts a premium for the policy or endorsement to the policy that is based on the amount of the appraised value; and (2) Issues a policy or endorsement to the policy that provides coverage of the property in the amount of the appraised value.
(1) Charges and accepts a premium for the policy or endorsement to the policy that is based on the amount of the appraised value; and
(2) Issues a policy or endorsement to the policy that provides coverage of the property in the amount of the appraised value.
(b) This section shall apply only to policies insuring antique automobiles delivered, issued for delivery or renewed in this state after July 1, 1990.
Acts 1990, ch. 895, § 1.
Tenn. Code Ann. § 56-25-101 — TN Code / Title 56 / Chapter 25 / Section 56-25-101
Organizations that constitute "fraternal benefit societies."
Status: in_force

Any incorporated society, order or supreme lodge, without capital stock, including one exempted under § 56-25-704(a)(2) , whether incorporated or not, conducted solely for the benefit of its members and their beneficiaries and not for profit, operated on a lodge system with ritualistic form of work, having a representative form of government, and that provides benefits in accordance with this chapter, is declared to be a "fraternal benefit society." Acts 1990, ch. 703, § 1.
Any incorporated society, order or supreme lodge, without capital stock, including one exempted under § 56-25-704(a)(2) , whether incorporated or not, conducted solely for the benefit of its members and their beneficiaries and not for profit, operated on a lodge system with ritualistic form of work, having a representative form of government, and that provides benefits in accordance with this chapter, is declared to be a "fraternal benefit society."
Acts 1990, ch. 703, § 1.
Tenn. Code Ann. § 56-19-103 — TN Code / Title 56 / Chapter 19 / Section 56-19-103
Articles of incorporation - Acknowledgment - Contents
Status: in_force

Any persons proposing to form any such company shall subscribe and acknowledge articles of incorporation specifying: (1) The name, the purpose for which formed, and the location of its principal or home office, which shall be within this state; (2) The names and addresses of those composing the board of directors in which the management shall be vested until the first meeting of the members; and (3) The names and places of residence of the incorporators. Acts 1919, ch. 108, § 2; Shan. Supp., § 3369a58b6; Code 1932, § 6318; T.C.A. (orig. ed.), § 56-1703.
Any persons proposing to form any such company shall subscribe and acknowledge articles of incorporation specifying:
(1) The name, the purpose for which formed, and the location of its principal or home office, which shall be within this state;
(2) The names and addresses of those composing the board of directors in which the management shall be vested until the first meeting of the members; and
(3) The names and places of residence of the incorporators.
Acts 1919, ch. 108, § 2; Shan. Supp., § 3369a58b6; Code 1932, § 6318; T.C.A. (orig. ed.), § 56-1703.
Tenn. Code Ann. § 56-22-104 — TN Code / Title 56 / Chapter 22 / Section 56-22-104
Unlawful to transact insurance business without certificate of authority
Status: in_force

It is unlawful for any person to enter into a contract of insurance as a county mutual insurance company or transact insurance business in this state as a county mutual insurance company without a certificate of authority provided by the commissioner. Acts 2006, ch. 689, §§ 3, 7.
It is unlawful for any person to enter into a contract of insurance as a county mutual insurance company or transact insurance business in this state as a county mutual insurance company without a certificate of authority provided by the commissioner.
Acts 2006, ch. 689, §§ 3, 7.
Tenn. Code Ann. § 56-2-801 — TN Code / Title 56 / Chapter 2 / Section 56-2-801
Sharing of confidential information
Status: in_force

The commissioner shall maintain as confidential all information received from the National Association of Insurance Commissioners (NAIC), any state or federal agency, and foreign countries that is confidential in those jurisdictions. The commissioner may allow for the sharing of otherwise confidential documents, materials, information, administrative or judicial orders, and other actions with the regulatory officials of any state or federal agency and foreign countries; provided, that the recipients are required, under their respective laws, to maintain such confidentiality. The commissioner may also allow for the sharing of otherwise confidential documents, materials, information, administrative or judicial orders, and other actions with the NAIC; provided, that the NAIC demonstrates by written statement its intent to maintain such confidentiality. Acts 2012, ch. 633, § 1.
The commissioner shall maintain as confidential all information received from the National Association of Insurance Commissioners (NAIC), any state or federal agency, and foreign countries that is confidential in those jurisdictions. The commissioner may allow for the sharing of otherwise confidential documents, materials, information, administrative or judicial orders, and other actions with the regulatory officials of any state or federal agency and foreign countries; provided, that the recipients are required, under their respective laws, to maintain such confidentiality. The commissioner may also allow for the sharing of otherwise confidential documents, materials, information, administrative or judicial orders, and other actions with the NAIC; provided, that the NAIC demonstrates by written statement its intent to maintain such confidentiality.
Acts 2012, ch. 633, § 1.
Tenn. Code Ann. § 56-28-118 — TN Code / Title 56 / Chapter 28 / Section 56-28-118
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 to make available any plan of hospitalization 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. 98, § 16; mod. C. Supp. 1950, § 4186.16; T.C.A. (orig. ed.), § 56-3018.
This chapter is not to be construed as prohibiting any insurance company properly qualified in this state to write accident, health or disability insurance to make available any plan of hospitalization 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. 98, § 16; mod. C. Supp. 1950, § 4186.16; T.C.A. (orig. ed.), § 56-3018.
Tenn. Code Ann. § 56-7-2322 — TN Code / Title 56 / Chapter 7 / Section 56-7-2322
Notice of conversion privilege
Status: in_force

A notification of the conversion privilege shall be included in each certificate of coverage. Acts 1980, ch. 537, § 1; 1992, ch. 984, § 1; T.C.A., § 56-7-1511.
A notification of the conversion privilege shall be included in each certificate of coverage.
Acts 1980, ch. 537, § 1; 1992, ch. 984, § 1; T.C.A., § 56-7-1511.
Tenn. Code Ann. § 56-6-604 — TN Code / Title 56 / Chapter 6 / Section 56-6-604
Violations of part - Hearing - Penalties
Status: in_force

(a) (1) If the commissioner believes that the controlling producer or any other person has not materially complied with this part, or any regulation or order promulgated under this part, after notice and opportunity to be heard, the commissioner may order the controlling producer to cease placing business with the controlled insurer; and (2) If it is found that, because of the material noncompliance, the controlled insurer or any policyholder of the insurer has suffered any loss or damage, the commissioner may institute a civil action or intervene in an action brought by or on behalf of the insurer or policyholder for recovery of compensatory damages for the benefit of the insurer or policyholder or other appropriate relief. (b) If an order for liquidation or rehabilitation of the controlled insurer has been entered pursuant to chapter 9, part 1 of this title, and the receiver appointed under that order believes that the controlling producer or any other person has not materially complied with this part, or any regulation or order promulgated under this part, and the insurer suffered any loss or damage from the noncompliance, the receiver may institute a civil action for recovery of damages or other appropriate sanctions for the benefit of the insurer. (c) Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided for in this title. (d) Nothing contained in this section is intended to or shall in any manner alter or affect the rights of policyholders, claimants, creditors or other third parties. Acts 1991, ch. 142, § 8; 1993, ch. 253, § 14.
(a) (1) If the commissioner believes that the controlling producer or any other person has not materially complied with this part, or any regulation or order promulgated under this part, after notice and opportunity to be heard, the commissioner may order the controlling producer to cease placing business with the controlled insurer; and (2) If it is found that, because of the material noncompliance, the controlled insurer or any policyholder of the insurer has suffered any loss or damage, the commissioner may institute a civil action or intervene in an action brought by or on behalf of the insurer or policyholder for recovery of compensatory damages for the benefit of the insurer or policyholder or other appropriate relief.
(1) If the commissioner believes that the controlling producer or any other person has not materially complied with this part, or any regulation or order promulgated under this part, after notice and opportunity to be heard, the commissioner may order the controlling producer to cease placing business with the controlled insurer; and
(2) If it is found that, because of the material noncompliance, the controlled insurer or any policyholder of the insurer has suffered any loss or damage, the commissioner may institute a civil action or intervene in an action brought by or on behalf of the insurer or policyholder for recovery of compensatory damages for the benefit of the insurer or policyholder or other appropriate relief.
(b) If an order for liquidation or rehabilitation of the controlled insurer has been entered pursuant to chapter 9, part 1 of this title, and the receiver appointed under that order believes that the controlling producer or any other person has not materially complied with this part, or any regulation or order promulgated under this part, and the insurer suffered any loss or damage from the noncompliance, the receiver may institute a civil action for recovery of damages or other appropriate sanctions for the benefit of the insurer.
(c) Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided for in this title.
(d) Nothing contained in this section is intended to or shall in any manner alter or affect the rights of policyholders, claimants, creditors or other third parties.
Acts 1991, ch. 142, § 8; 1993, ch. 253, § 14.
Tenn. Code Ann. § 56-51-115 — TN Code / Title 56 / Chapter 51 / Section 56-51-115
Additional contract contents
Status: in_force

A prepaid limited health services contract may contain additional provisions not inconsistent with this chapter that are: (1) Necessary because of the manner in which the organization is constituted or operated in order to state the rights and obligations of the parties to the contract; or (2) Desired by the organization and neither prohibited by law nor in conflict with any provisions required to be included. Acts 2000, ch. 948, § 15.
A prepaid limited health services contract may contain additional provisions not inconsistent with this chapter that are:
(1) Necessary because of the manner in which the organization is constituted or operated in order to state the rights and obligations of the parties to the contract; or
(2) Desired by the organization and neither prohibited by law nor in conflict with any provisions required to be included.
Acts 2000, ch. 948, § 15.
Tenn. Code Ann. § 56-18-102 — TN Code / Title 56 / Chapter 18 / Section 56-18-102
Minimum capital requirements
Status: in_force

(a) A domestic mutual life insurance company operating under this chapter shall not receive an original or renewal certificate of authority from the commissioner to issue policies or contracts of insurance unless it possesses and maintains capital or surplus funds as required by § 56-2-114 . (b) Subsection (a) does not apply to any insurance company chartered prior to March 15, 1976. Acts 1949, ch. 91, § 14; C. Supp. 1950, § 6433.26 (Williams, § 6433.30); Acts 1976, ch. 413, §§ 1, 3; T.C.A. (orig. ed.), § 56-1602.
(a) A domestic mutual life insurance company operating under this chapter shall not receive an original or renewal certificate of authority from the commissioner to issue policies or contracts of insurance unless it possesses and maintains capital or surplus funds as required by § 56-2-114 .
(b) Subsection (a) does not apply to any insurance company chartered prior to March 15, 1976.
Acts 1949, ch. 91, § 14; C. Supp. 1950, § 6433.26 (Williams, § 6433.30); Acts 1976, ch. 413, §§ 1, 3; T.C.A. (orig. ed.), § 56-1602.
Tenn. Code Ann. § 56-12-205 — TN Code / Title 56 / Chapter 12 / Section 56-12-205
Creation of association - Accounts
Status: in_force

(a) There is created a nonprofit legal entity to be known as the Tennessee life and health insurance guaranty association. All member insurers are and shall remain members of the association as a condition of their authority to transact insurance or a health maintenance organization business in this state. The association shall perform its function under the plan of operation established and approved pursuant to § 56-12-209 , and shall exercise its powers through a board of directors established by § 56-12-206 . For purposes of administration and assessment, the association shall maintain two (2) accounts: (1) The life insurance and annuity account, which includes the following subaccounts: (A) Life insurance account; and (B) Annuity account, excluding unallocated annuities; and (2) The health account. (b) The association is under the immediate supervision of the commissioner and subject to the applicable provisions of the insurance laws of this state. Meetings or records of the association may be opened upon majority vote of the board of directors of the association. Amended by 2019 Tenn. Acts, ch. 5,s 4, eff. 7/1/2019. Acts 1988, ch. 1032, § 5; 2010, ch. 713, § 3.
(a) There is created a nonprofit legal entity to be known as the Tennessee life and health insurance guaranty association. All member insurers are and shall remain members of the association as a condition of their authority to transact insurance or a health maintenance organization business in this state. The association shall perform its function under the plan of operation established and approved pursuant to § 56-12-209 , and shall exercise its powers through a board of directors established by § 56-12-206 . For purposes of administration and assessment, the association shall maintain two (2) accounts: (1) The life insurance and annuity account, which includes the following subaccounts: (A) Life insurance account; and (B) Annuity account, excluding unallocated annuities; and (2) The health account.
(1) The life insurance and annuity account, which includes the following subaccounts: (A) Life insurance account; and (B) Annuity account, excluding unallocated annuities; and
(A) Life insurance account; and
(B) Annuity account, excluding unallocated annuities; and
(2) The health account.
(b) The association is under the immediate supervision of the commissioner and subject to the applicable provisions of the insurance laws of this state. Meetings or records of the association may be opened upon majority vote of the board of directors of the association.
Amended by 2019 Tenn. Acts, ch. 5,s 4, eff. 7/1/2019.
Acts 1988, ch. 1032, § 5; 2010, ch. 713, § 3.
Tenn. Code Ann. § 56-7-1702 — TN Code / Title 56 / Chapter 7 / Section 56-7-1702
Benefits for obtaining second professional opinion
Status: in_force

Any prepaid dental plan that regularly provides benefits for obtaining a professional opinion of a dentist shall also provide equal benefits for obtaining a second professional opinion of a dentist regarding the same dental procedure or condition if it is requested by the person covered by the plan. Acts 1983, ch. 228, § 2.
Any prepaid dental plan that regularly provides benefits for obtaining a professional opinion of a dentist shall also provide equal benefits for obtaining a second professional opinion of a dentist regarding the same dental procedure or condition if it is requested by the person covered by the plan.
Acts 1983, ch. 228, § 2.
Tenn. Code Ann. § 56-23-109 — TN Code / Title 56 / Chapter 23 / Section 56-23-109
Certificate of authority for agents - Fee
Status: in_force

Every such company shall be required to obtain from the commissioner a certificate of authority for each of its agents who solicit or write insurance in this state, the fee for which shall be two dollars ($2.00). Acts 1973, ch. 293, § 9; T.C.A., § 56-4209.
Every such company shall be required to obtain from the commissioner a certificate of authority for each of its agents who solicit or write insurance in this state, the fee for which shall be two dollars ($2.00).
Acts 1973, ch. 293, § 9; T.C.A., § 56-4209.
Tenn. Code Ann. § 56-25-701 — TN Code / Title 56 / Chapter 25 / Section 56-25-701
Service of process
Status: in_force

(a) Every society authorized to do business in this state shall appoint in writing the commissioner and each successor in the office of commissioner to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served, and shall agree in the writing that any lawful process against it which is served on the attorney shall be of the same legal force and validity as if served upon the society, and that the authority shall continue in force so long as any liability remains outstanding in this state. Copies of the appointment, certified by the commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. (b) Service shall only be made upon the commissioner, or if absent, upon the person in charge of the commissioner's office. It shall be made in duplicate and shall constitute sufficient service upon the society. When legal process against a society is served upon the commissioner, the commissioner shall forthwith forward one (1) of the duplicate copies by registered mail, prepaid, directed to the secretary or corresponding officer. No such service shall require a society to file its answer, pleading or defense in less than thirty (30) days from the date of mailing the copy of the service to the society. Legal process shall not be served upon a society except in the manner herein provided. At the time of serving any process upon the commissioner, the plaintiff or complainant in the action shall pay to the commissioner a fee of ten dollars ($10.00). Acts 1990, ch. 703, § 1.
(a) Every society authorized to do business in this state shall appoint in writing the commissioner and each successor in the office of commissioner to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served, and shall agree in the writing that any lawful process against it which is served on the attorney shall be of the same legal force and validity as if served upon the society, and that the authority shall continue in force so long as any liability remains outstanding in this state. Copies of the appointment, certified by the commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted.
(b) Service shall only be made upon the commissioner, or if absent, upon the person in charge of the commissioner's office. It shall be made in duplicate and shall constitute sufficient service upon the society. When legal process against a society is served upon the commissioner, the commissioner shall forthwith forward one (1) of the duplicate copies by registered mail, prepaid, directed to the secretary or corresponding officer. No such service shall require a society to file its answer, pleading or defense in less than thirty (30) days from the date of mailing the copy of the service to the society. Legal process shall not be served upon a society except in the manner herein provided. At the time of serving any process upon the commissioner, the plaintiff or complainant in the action shall pay to the commissioner a fee of ten dollars ($10.00).
Acts 1990, ch. 703, § 1.
Tenn. Code Ann. § 56-2-1010 — TN Code / Title 56 / Chapter 2 / Section 56-2-1010
Penalties
Status: in_force

The commissioner may seek penalties under § 56-2-305 for a violation of this part. Added by 2021 Tenn. Acts, ch. 345, s 1, eff. 7/1/2021.
The commissioner may seek penalties under § 56-2-305 for a violation of this part.
Added by 2021 Tenn. Acts, ch. 345, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 56-7-2905 — TN Code / Title 56 / Chapter 7 / Section 56-7-2905
[For postponed repeal effective 6/30/2025, see T.C.A. 56-7-2916] Annual report
Status: in_force

Beginning by October 1, 2007, Access Tennessee shall make an annual report to the governor and comptroller of the treasury, to be submitted by October 1 of each year. The report shall be in a form approved by the commissioner and shall summarize the activities of Access Tennessee in the preceding calendar year, including the net written and earned premiums, enrollment, the expense of administration, and the paid and incurred losses. The report shall also include an evaluation of the ability of low income individuals to participate in the program. Acts 2006, ch. 867, §§ 3, 14.
Beginning by October 1, 2007, Access Tennessee shall make an annual report to the governor and comptroller of the treasury, to be submitted by October 1 of each year. The report shall be in a form approved by the commissioner and shall summarize the activities of Access Tennessee in the preceding calendar year, including the net written and earned premiums, enrollment, the expense of administration, and the paid and incurred losses. The report shall also include an evaluation of the ability of low income individuals to participate in the program.
Acts 2006, ch. 867, §§ 3, 14.
Tenn. Code Ann. § 56-26-117 — TN Code / Title 56 / Chapter 26 / Section 56-26-117
Application as part of policy - Copy on request
Status: in_force

The insured shall not be bound by any statement made in an application for a policy unless a copy of such application is attached to or endorsed on the policy when issued as part of the policy. If any such policy delivered or issued for delivery to any person in this state is reinstated or renewed, and the insured or the beneficiary or assignee of the policy makes written request to the insurer for a copy of the application, if any, for the reinstatement or renewal, the insurer shall within fifteen (15) days after the receipt of the request at its home office or any branch office of the insurer, deliver or mail to the person making the request a copy of the application. If the copy is not so delivered or mailed, the insurer shall be precluded from introducing the application as evidence in any action or proceeding based upon or involving the policy or its reinstatement or renewal. Acts 1955, ch. 4, § 6; T.C.A., § 56-3317.
The insured shall not be bound by any statement made in an application for a policy unless a copy of such application is attached to or endorsed on the policy when issued as part of the policy. If any such policy delivered or issued for delivery to any person in this state is reinstated or renewed, and the insured or the beneficiary or assignee of the policy makes written request to the insurer for a copy of the application, if any, for the reinstatement or renewal, the insurer shall within fifteen (15) days after the receipt of the request at its home office or any branch office of the insurer, deliver or mail to the person making the request a copy of the application. If the copy is not so delivered or mailed, the insurer shall be precluded from introducing the application as evidence in any action or proceeding based upon or involving the policy or its reinstatement or renewal.
Acts 1955, ch. 4, § 6; T.C.A., § 56-3317.
Tenn. Code Ann. § 56-6-501 — TN Code / Title 56 / Chapter 6 / Section 56-6-501
Short title
Status: in_force

This part shall be known and may be cited as the "Managing General Agents Act." Acts 1991, ch. 142, § 7.
This part shall be known and may be cited as the "Managing General Agents Act."
Acts 1991, ch. 142, § 7.
Tenn. Code Ann. § 56-20-111 — TN Code / Title 56 / Chapter 20 / Section 56-20-111
Liability for assessments made before exclusion - Penalty - Limitation of actions
Status: in_force

A member liable under § 56-20-110 shall remain liable for the payment of any assessment made prior to the member's exclusion, and for the penalty provided in § 56-20-108 , in case action has been or shall be brought against the member therefor, within twelve (12) months after the time it was due. Acts 1895, ch. 220, § 8; Shan., § 3363; Code 1932, § 6245; T.C.A. (orig. ed.), § 56-1911.
A member liable under § 56-20-110 shall remain liable for the payment of any assessment made prior to the member's exclusion, and for the penalty provided in § 56-20-108 , in case action has been or shall be brought against the member therefor, within twelve (12) months after the time it was due.
Acts 1895, ch. 220, § 8; Shan., § 3363; Code 1932, § 6245; T.C.A. (orig. ed.), § 56-1911.
Tenn. Code Ann. § 56-24-101 — TN Code / Title 56 / Chapter 24 / Section 56-24-101
Insolvent domestic corporations - Action by attorney general - Application for restraining order
Status: in_force

When the commissioner of commerce and insurance, on investigation, is satisfied that any corporation organized under the laws of this state and doing business as a life and casualty insurance company is insolvent because of matured death claims or other obligations due and unpaid exceeding its assets and death assessments or periodical payments called or in process of collection, or has exceeded its powers, has failed to comply with any provision of law, or is not carrying out its contracts with members in good faith, the commissioner shall report the facts to the attorney general and reporter, who, if of the opinion that the facts require the action, may apply to any court having jurisdiction for an order requiring the officers of the corporation to show cause within a reasonable time why the corporation should not be restrained from continuing to transact business. Acts 1897, ch. 127, § 13; Shan., § 3350a11; Code 1932, § 6228; T.C.A. (orig. ed.), § 56-2321.
When the commissioner of commerce and insurance, on investigation, is satisfied that any corporation organized under the laws of this state and doing business as a life and casualty insurance company is insolvent because of matured death claims or other obligations due and unpaid exceeding its assets and death assessments or periodical payments called or in process of collection, or has exceeded its powers, has failed to comply with any provision of law, or is not carrying out its contracts with members in good faith, the commissioner shall report the facts to the attorney general and reporter, who, if of the opinion that the facts require the action, may apply to any court having jurisdiction for an order requiring the officers of the corporation to show cause within a reasonable time why the corporation should not be restrained from continuing to transact business.
Acts 1897, ch. 127, § 13; Shan., § 3350a11; Code 1932, § 6228; T.C.A. (orig. ed.), § 56-2321.
Tenn. Code Ann. § 56-51-103 — TN Code / Title 56 / Chapter 51 / Section 56-51-103
Exemption from Tennessee insurance code
Status: in_force

Except as provided in this chapter, prepaid limited health service organizations are governed by this chapter and are exempt from this title unless specifically referenced. Acts 2000, ch. 948, § 3.
Except as provided in this chapter, prepaid limited health service organizations are governed by this chapter and are exempt from this title unless specifically referenced.
Acts 2000, ch. 948, § 3.
Tenn. Code Ann. § 56-31-104 — TN Code / Title 56 / Chapter 31 / Section 56-31-104
Articles of incorporation - Approval by commissioner
Status: in_force

The articles of incorporation of the corporation, or amendments to the articles, shall be submitted to the commissioner and shall be subject to the commissioner's approval, which shall be endorsed on the articles, before filing with the secretary of state. Acts 1969, ch. 118, § 4; T.C.A., § 56-3704.
The articles of incorporation of the corporation, or amendments to the articles, shall be submitted to the commissioner and shall be subject to the commissioner's approval, which shall be endorsed on the articles, before filing with the secretary of state.
Acts 1969, ch. 118, § 4; T.C.A., § 56-3704.
Tenn. Code Ann. § 56-55-103 — TN Code / Title 56 / Chapter 55 / Section 56-55-103
Prohibited sales - Restrictions
Status: in_force

(a) No vehicle protection product may be sold or offered for sale in this state unless the seller, warrantor, and administrator, if any, comply with this chapter. (b) A vehicle protection product warranty provided or sold in compliance with this chapter is not a contract of insurance. (c) Warranties, indemnity agreements, and guarantees that are not provided as a part of a vehicle protection product are not subject to this chapter. Acts 2005, ch. 244, § 4.
(a) No vehicle protection product may be sold or offered for sale in this state unless the seller, warrantor, and administrator, if any, comply with this chapter.
(b) A vehicle protection product warranty provided or sold in compliance with this chapter is not a contract of insurance.
(c) Warranties, indemnity agreements, and guarantees that are not provided as a part of a vehicle protection product are not subject to this chapter.
Acts 2005, ch. 244, § 4.
Tenn. Code Ann. § 56-1-107 — TN Code / Title 56 / Chapter 1 / Section 56-1-107
Authority to query the TBI's criminal history records system
Status: in_force

Notwithstanding any other law to the contrary, in conjunction with the issuance of licenses, permits and registrations and the investigation of consumer complaints, the department has the authority to query the Tennessee bureau of investigation's (TBI) Tennessee criminal history records system for the following information: (1) Tennessee criminal history records; (2) Tennessee repository for apprehension of persons (TRAP); (3) State of Tennessee orders of protection files (STOP); and (4) Criminal history records of the federal government and other states to which the TBI may have access. Criminal history records of the federal bureau of investigation may be obtained for the reasons listed in this section only if fingerprints are obtained and submitted through the TBI. Acts 2004, ch. 557, § 1.
Notwithstanding any other law to the contrary, in conjunction with the issuance of licenses, permits and registrations and the investigation of consumer complaints, the department has the authority to query the Tennessee bureau of investigation's (TBI) Tennessee criminal history records system for the following information:
(1) Tennessee criminal history records;
(2) Tennessee repository for apprehension of persons (TRAP);
(3) State of Tennessee orders of protection files (STOP); and
(4) Criminal history records of the federal government and other states to which the TBI may have access. Criminal history records of the federal bureau of investigation may be obtained for the reasons listed in this section only if fingerprints are obtained and submitted through the TBI.
Acts 2004, ch. 557, § 1.
Tenn. Code Ann. § 56-29-114 — TN Code / Title 56 / Chapter 29 / Section 56-29-114
Keeping of adequate financial and statistical records
Status: in_force

The service 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 1949, ch. 234, § 11; C. Supp. 1950, § 4186.53 (Williams, § 4186.56); T.C.A. (orig. ed.), § 56-3114.
The service 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 1949, ch. 234, § 11; C. Supp. 1950, § 4186.53 (Williams, § 4186.56); T.C.A. (orig. ed.), § 56-3114.
Tenn. Code Ann. § 56-31-109 — TN Code / Title 56 / Chapter 31 / Section 56-31-109
License required
Status: in_force

No corporation subject to this chapter may issue contracts until the commissioner has, by formal license, authorized it to do so. Acts 1969, ch. 118, § 10; T.C.A., § 56-3709.
No corporation subject to this chapter may issue contracts until the commissioner has, by formal license, authorized it to do so.
Acts 1969, ch. 118, § 10; T.C.A., § 56-3709.
Tenn. Code Ann. § 56-2-505 — TN Code / Title 56 / Chapter 2 / Section 56-2-505
Unauthorized insurers doing business constitutes secretary of state as attorney for service of process
Status: in_force

(a) Any act of entering into a contract of insurance as an insurer or transacting insurance business in this state, as set forth in § 56-2-107 , by an unauthorized foreign or alien company, is equivalent to and constitutes an appointment by the company of the secretary of state to be its true and lawful attorney upon whom may be served all lawful process in any action or proceeding against it: (1) Arising out of a violation of § 56-2-105 ; or (2) To collect the taxes imposed in chapter 4 of this title. (b) The performance of any of the acts enumerated in § 56-2-107 is signification of the company's agreement that any such process against it that is so served is of the same legal force and validity as if served upon the company. Acts 1968, ch. 536, § 7; T.C.A., § 56-255.
(a) Any act of entering into a contract of insurance as an insurer or transacting insurance business in this state, as set forth in § 56-2-107 , by an unauthorized foreign or alien company, is equivalent to and constitutes an appointment by the company of the secretary of state to be its true and lawful attorney upon whom may be served all lawful process in any action or proceeding against it: (1) Arising out of a violation of § 56-2-105 ; or (2) To collect the taxes imposed in chapter 4 of this title.
(1) Arising out of a violation of § 56-2-105 ; or
(2) To collect the taxes imposed in chapter 4 of this title.
(b) The performance of any of the acts enumerated in § 56-2-107 is signification of the company's agreement that any such process against it that is so served is of the same legal force and validity as if served upon the company.
Acts 1968, ch. 536, § 7; T.C.A., § 56-255.
Tenn. Code Ann. § 56-7-3209 — TN Code / Title 56 / Chapter 7 / Section 56-7-3209
Applicability of part
Status: in_force

Notwithstanding another law, this part applies to plans governed by the Employee Retirement Income Security Act of 1974 (ERISA) ( 29 U.S.C. § 1001 et seq.). Acts 2022, ch. 1070, § 8.
Notwithstanding another law, this part applies to plans governed by the Employee Retirement Income Security Act of 1974 (ERISA) ( 29 U.S.C. § 1001 et seq.).
Acts 2022, ch. 1070, § 8.
Tenn. Code Ann. § 56-9-328 — TN Code / Title 56 / Chapter 9 / Section 56-9-328
Claims of creditors secured by undertakings of other persons
Status: in_force

(a) Whenever a creditor whose claim against an insurer is secured, in whole or in part, by the undertaking of another person fails to prove and file that claim, the other person may do so in the creditor's name, and shall be subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by the other person in the creditor's name, to the extent that the other person discharges the undertaking. (b) (1) In the absence of an agreement with the creditor to the contrary, the other person shall not be entitled to any distribution, however, until the amount paid to the creditor on the undertaking plus the distributions paid on the claim from the insurer's estate to the creditor equals the amount of the entire claim of the creditor. (2) Any excess received by the creditor shall be held by the creditor in trust for such other person. (c) "Other person," as used in this section, is not intended to apply to a guaranty association or foreign guaranty association. Acts 1991, ch. 142, § 4.
(a) Whenever a creditor whose claim against an insurer is secured, in whole or in part, by the undertaking of another person fails to prove and file that claim, the other person may do so in the creditor's name, and shall be subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by the other person in the creditor's name, to the extent that the other person discharges the undertaking.
(b) (1) In the absence of an agreement with the creditor to the contrary, the other person shall not be entitled to any distribution, however, until the amount paid to the creditor on the undertaking plus the distributions paid on the claim from the insurer's estate to the creditor equals the amount of the entire claim of the creditor. (2) Any excess received by the creditor shall be held by the creditor in trust for such other person.
(1) In the absence of an agreement with the creditor to the contrary, the other person shall not be entitled to any distribution, however, until the amount paid to the creditor on the undertaking plus the distributions paid on the claim from the insurer's estate to the creditor equals the amount of the entire claim of the creditor.
(2) Any excess received by the creditor shall be held by the creditor in trust for such other person.
(c) "Other person," as used in this section, is not intended to apply to a guaranty association or foreign guaranty association.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-2-109 — TN Code / Title 56 / Chapter 2 / Section 56-2-109
No action to be maintained without certificate of authority
Status: in_force

The failure of a company to obtain a certificate of authority shall not impair the validity of any act or contract of the company, and shall not prevent the company from defending any action at law or suit in equity in any court of this state; but no company transacting insurance business in this state without a certificate of authority shall be permitted to maintain an action at law or suit in equity in any court of this state to enforce any right, claim or demand arising out of the transaction of insurance business until the company has obtained a certificate of authority, nor shall an action at law or suit in equity be maintained in any court of this state by any successor or assignee of the company on any right, claim or demand originally held by the company until a certificate of authority has been obtained by the company or by a company that has acquired all or substantially all of its assets. Acts 1968, ch. 536, § 4; T.C.A., § 56-209.
The failure of a company to obtain a certificate of authority shall not impair the validity of any act or contract of the company, and shall not prevent the company from defending any action at law or suit in equity in any court of this state; but no company transacting insurance business in this state without a certificate of authority shall be permitted to maintain an action at law or suit in equity in any court of this state to enforce any right, claim or demand arising out of the transaction of insurance business until the company has obtained a certificate of authority, nor shall an action at law or suit in equity be maintained in any court of this state by any successor or assignee of the company on any right, claim or demand originally held by the company until a certificate of authority has been obtained by the company or by a company that has acquired all or substantially all of its assets.
Acts 1968, ch. 536, § 4; T.C.A., § 56-209.
Tenn. Code Ann. § 56-12-101 — TN Code / Title 56 / Chapter 12 / Section 56-12-101
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Insurance Guaranty Association Act." Acts 1971, ch. 180, § 1; T.C.A., § 56-4001.
This part shall be known and may be cited as the "Tennessee Insurance Guaranty Association Act."
Acts 1971, ch. 180, § 1; T.C.A., § 56-4001.
Tenn. Code Ann. § 56-27-132 — TN Code / Title 56 / Chapter 27 / Section 56-27-132
Laws relating to practice of medicine and surgery or other insurance not affected
Status: in_force

Nothing in this chapter shall be construed so as to modify, vary or repeal any law now in force relating to the practice of medicine and surgery, or the regulation of ordinary life, accident, and health or casualty insurance, except only as the law is inconsistent with this chapter. Acts 1945, ch. 113, § 23; C. Supp. 1950, § 4186.39 (Williams, § 4186.40); T.C.A. (orig. ed.), § 56-2932.
Nothing in this chapter shall be construed so as to modify, vary or repeal any law now in force relating to the practice of medicine and surgery, or the regulation of ordinary life, accident, and health or casualty insurance, except only as the law is inconsistent with this chapter.
Acts 1945, ch. 113, § 23; C. Supp. 1950, § 4186.39 (Williams, § 4186.40); T.C.A. (orig. ed.), § 56-2932.
Tenn. Code Ann. § 56-49-101 — TN Code / Title 56 / Chapter 49 / Section 56-49-101
Short title - Purpose
Status: in_force

(a) This chapter shall be known and may be cited as the "Tennessee Creditor-Placed Insurance Act of 1999." (b) The purposes of this chapter are to: (1) Promote the public welfare by regulating creditor-placed insurance; (2) Create a legal framework within which creditor-placed insurance may be written in this state; (3) Help maintain the separation between creditors and insurers; and (4) Minimize the possibilities of unfair competitive practices in the sale of creditor-placed insurance. Acts 1999, ch. 144, § 1.
(a) This chapter shall be known and may be cited as the "Tennessee Creditor-Placed Insurance Act of 1999."
(b) The purposes of this chapter are to: (1) Promote the public welfare by regulating creditor-placed insurance; (2) Create a legal framework within which creditor-placed insurance may be written in this state; (3) Help maintain the separation between creditors and insurers; and (4) Minimize the possibilities of unfair competitive practices in the sale of creditor-placed insurance.
(1) Promote the public welfare by regulating creditor-placed insurance;
(2) Create a legal framework within which creditor-placed insurance may be written in this state;
(3) Help maintain the separation between creditors and insurers; and
(4) Minimize the possibilities of unfair competitive practices in the sale of creditor-placed insurance.
Acts 1999, ch. 144, § 1.
Tenn. Code Ann. § 56-43-118 — TN Code / Title 56 / Chapter 43 / Section 56-43-118
Penalties
Status: in_force

The penalty provisions set out in this title shall apply. Acts 1989, ch. 423, § 22.
The penalty provisions set out in this title shall apply.
Acts 1989, ch. 423, § 22.
Tenn. Code Ann. § 56-13-410 — TN Code / Title 56 / Chapter 13 / Section 56-13-410
Issuing securities
Status: in_force

(a) An SPFC may issue securities, including surplus notes and other forms of financial instruments, subject to and in accordance with applicable law, its approved plan of operation, and its organizational documents. (b) An SPFC, in connection with the issuance of securities, may enter into and perform all of its obligations under any required contracts to facilitate the issuance of these securities. (c) Subject to the approval of the commissioner, an SPFC may lawfully: (1) Account for the proceeds of surplus notes as surplus and not as debt for purposes of statutory accounting; and (2) Submit for prior approval of the commissioner periodic written requests for payments of interest on and repayments of principal of surplus notes. In lieu of approval of periodic written requests for authorization to make payments of interest on and repayments of principal of surplus notes and other debt obligations issued by the SPFC, the commissioner may approve a formula or plan, which shall be included in the SPFC's plan of operation as amended from time to time, for payment of interest, principal, or both with respect to such surplus notes and debt obligations. (d) The commissioner, without otherwise prejudicing the commissioner's authority, may approve formulas for an ongoing plan of interest payments or principal repayments, or both, to provide guidance in connection with the commissioner's ongoing reviews of requests to approve the payments on and principal repayments of the surplus notes. (e) The obligation to repay principal or interest, or both, on the securities issued by the SPFC must reflect the risk associated with the obligations of the SPFC to the counterparty under the SPFC contract. Acts 2011, ch. 468, § 1.
(a) An SPFC may issue securities, including surplus notes and other forms of financial instruments, subject to and in accordance with applicable law, its approved plan of operation, and its organizational documents.
(b) An SPFC, in connection with the issuance of securities, may enter into and perform all of its obligations under any required contracts to facilitate the issuance of these securities.
(c) Subject to the approval of the commissioner, an SPFC may lawfully: (1) Account for the proceeds of surplus notes as surplus and not as debt for purposes of statutory accounting; and (2) Submit for prior approval of the commissioner periodic written requests for payments of interest on and repayments of principal of surplus notes. In lieu of approval of periodic written requests for authorization to make payments of interest on and repayments of principal of surplus notes and other debt obligations issued by the SPFC, the commissioner may approve a formula or plan, which shall be included in the SPFC's plan of operation as amended from time to time, for payment of interest, principal, or both with respect to such surplus notes and debt obligations.
(1) Account for the proceeds of surplus notes as surplus and not as debt for purposes of statutory accounting; and
(2) Submit for prior approval of the commissioner periodic written requests for payments of interest on and repayments of principal of surplus notes. In lieu of approval of periodic written requests for authorization to make payments of interest on and repayments of principal of surplus notes and other debt obligations issued by the SPFC, the commissioner may approve a formula or plan, which shall be included in the SPFC's plan of operation as amended from time to time, for payment of interest, principal, or both with respect to such surplus notes and debt obligations.
(d) The commissioner, without otherwise prejudicing the commissioner's authority, may approve formulas for an ongoing plan of interest payments or principal repayments, or both, to provide guidance in connection with the commissioner's ongoing reviews of requests to approve the payments on and principal repayments of the surplus notes.
(e) The obligation to repay principal or interest, or both, on the securities issued by the SPFC must reflect the risk associated with the obligations of the SPFC to the counterparty under the SPFC contract.
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-7-3123 — TN Code / Title 56 / Chapter 7 / Section 56-7-3123
Confidentiality of information obtained or produced pursuant to audit - Disclosure of audit findings
Status: in_force

(a) Except as provided in subsection (b), any information obtained or produced by the department pursuant to an audit of a pharmacy benefits manager is confidential, is not a public record subject to disclosure, and is exempt from title 10, chapter 7. (b) Audit findings by the department based upon a completed audit of a pharmacy benefits manager are public records subject to public disclosure by the department. Added by 2022 Tenn. Acts, ch. 1070,s 9, eff. 1/1/2023.
(a) Except as provided in subsection (b), any information obtained or produced by the department pursuant to an audit of a pharmacy benefits manager is confidential, is not a public record subject to disclosure, and is exempt from title 10, chapter 7.
(b) Audit findings by the department based upon a completed audit of a pharmacy benefits manager are public records subject to public disclosure by the department.
Added by 2022 Tenn. Acts, ch. 1070,s 9, eff. 1/1/2023.
Tenn. Code Ann. § 56-3-503 — TN Code / Title 56 / Chapter 3 / Section 56-3-503
Gains and losses credited to or charged against allocation
Status: in_force

The income, if any, and gains and losses, realized or unrealized, on each account shall be credited to or charged against the amounts allocated to the account in accordance with the agreement, without regard to other income, gains or losses of the company. Acts 1967, ch. 353, § 3; T.C.A., §§ 56-260, 56-314.
The income, if any, and gains and losses, realized or unrealized, on each account shall be credited to or charged against the amounts allocated to the account in accordance with the agreement, without regard to other income, gains or losses of the company.
Acts 1967, ch. 353, § 3; T.C.A., §§ 56-260, 56-314.
Tenn. Code Ann. § 56-21-130 — TN Code / Title 56 / Chapter 21 / Section 56-21-130
Certificate of authority for agents - Fee
Status: in_force

Every company subject to this chapter shall be required to obtain from the commissioner a certificate of authority for each of its agents who solicits or writes insurance in this state, the fee for which shall be two dollars ($2.00). Acts 1907, ch. 461, § 11; Shan., § 3369a27; Acts 1921, ch. 160, § 11; Code 1932, § 6278; T.C.A. (orig. ed.), § 56-2032.
Every company subject to this chapter shall be required to obtain from the commissioner a certificate of authority for each of its agents who solicits or writes insurance in this state, the fee for which shall be two dollars ($2.00).
Acts 1907, ch. 461, § 11; Shan., § 3369a27; Acts 1921, ch. 160, § 11; Code 1932, § 6278; T.C.A. (orig. ed.), § 56-2032.
Tenn. Code Ann. § 56-37-106 — TN Code / Title 56 / Chapter 37 / Section 56-37-106
Maintenance and preservation of records - Examination
Status: in_force

(a) Every licensee shall maintain corporate and accounting records, including complete records of its premium finance transactions, and the records shall be open to examination and investigation by the commissioner. The commissioner may at any time during regular business hours examine the records at any location at which the records are maintained. (b) Every licensee shall preserve its records of the premium finance transactions, including cards used in a card system, if any, for at least two (2) years after making the final entry in respect to any premium finance agreement. The preservation of records in photographic, microfilm or microfiche form shall constitute compliance with this requirement. Amended by 2014 Tenn. Acts, ch. 736,s 37, eff. 7/1/2015. Acts 1980, ch. 920, § 6.
(a) Every licensee shall maintain corporate and accounting records, including complete records of its premium finance transactions, and the records shall be open to examination and investigation by the commissioner. The commissioner may at any time during regular business hours examine the records at any location at which the records are maintained.
(b) Every licensee shall preserve its records of the premium finance transactions, including cards used in a card system, if any, for at least two (2) years after making the final entry in respect to any premium finance agreement. The preservation of records in photographic, microfilm or microfiche form shall constitute compliance with this requirement.
Amended by 2014 Tenn. Acts, ch. 736,s 37, eff. 7/1/2015.
Acts 1980, ch. 920, § 6.
Tenn. Code Ann. § 56-41-110 — TN Code / Title 56 / Chapter 41 / Section 56-41-110
Payment of fees and taxes by association
Status: in_force

(a) The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real or personal property and as excepted in subsection (b). (b) Premium taxes shall apply to premiums received for insurance placed through the association. Acts 1987, ch. 439, § 9.
(a) The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real or personal property and as excepted in subsection (b).
(b) Premium taxes shall apply to premiums received for insurance placed through the association.
Acts 1987, ch. 439, § 9.
Tenn. Code Ann. § 56-6-812 — TN Code / Title 56 / Chapter 6 / Section 56-6-812
Rules and regulations
Status: in_force

The commissioner may adopt reasonable rules and regulations for the implementation and administration of this part. Acts 1993, ch. 253, § 9.
The commissioner may adopt reasonable rules and regulations for the implementation and administration of this part.
Acts 1993, ch. 253, § 9.
Tenn. Code Ann. § 56-4-406 — TN Code / Title 56 / Chapter 4 / Section 56-4-406
Disposition of revenue
Status: in_force

The net amount of all taxes collected under this part shall be payable by the commissioner to the state treasurer, and shall become part of the general funds of the state. Acts 1951, ch. 45, § 7 (Williams, § 1248.185); T.C.A. (orig. ed.), §§ 67-4506, 67-4-1306.
The net amount of all taxes collected under this part shall be payable by the commissioner to the state treasurer, and shall become part of the general funds of the state.
Acts 1951, ch. 45, § 7 (Williams, § 1248.185); T.C.A. (orig. ed.), §§ 67-4506, 67-4-1306.
Tenn. Code Ann. § 56-2-508 — TN Code / Title 56 / Chapter 2 / Section 56-2-508
Time allowed before judgment
Status: in_force

No judgment by default shall be entered in the action or proceeding until the expiration of thirty (30) days from the date of the filing of the affidavit of compliance. Acts 1968, ch. 536, § 10; T.C.A., § 56-258.
No judgment by default shall be entered in the action or proceeding until the expiration of thirty (30) days from the date of the filing of the affidavit of compliance.
Acts 1968, ch. 536, § 10; T.C.A., § 56-258.
Tenn. Code Ann. § 56-32-119 — TN Code / Title 56 / Chapter 32 / Section 56-32-119
Fees
Status: in_force

Every HMO subject to this chapter shall pay to the commissioner the following fees for: (1) Filing an application for certificate of authority, one thousand three hundred dollars ($1,300); (2) Filing an amendment to the organization documents that require approval, sixty dollars ($60.00); (3) Filing each annual report, one hundred ninety-five dollars ($195); and (4) Renewal of the certificate of authority each year, four hundred forty-five dollars ($445). Acts 1986, ch. 713, § 19; 2001, ch. 333, § 6; T.C.A. § 56-32-219.
Every HMO subject to this chapter shall pay to the commissioner the following fees for:
(1) Filing an application for certificate of authority, one thousand three hundred dollars ($1,300);
(2) Filing an amendment to the organization documents that require approval, sixty dollars ($60.00);
(3) Filing each annual report, one hundred ninety-five dollars ($195); and
(4) Renewal of the certificate of authority each year, four hundred forty-five dollars ($445).
Acts 1986, ch. 713, § 19; 2001, ch. 333, § 6; T.C.A. § 56-32-219.
Tenn. Code Ann. § 56-6-915 — TN Code / Title 56 / Chapter 6 / Section 56-6-915
Escrow or trust account
Status: in_force

A public adjuster who receives, accepts or holds any funds on behalf of an insured, towards the settlement of a claim for loss or damage, shall deposit the funds in a noninterest-bearing escrow or trust account in a financial institution that is insured by an agency of the federal government in the insured's home state or in the state where the loss occurred. Acts 2006, ch. 997, § 16.
A public adjuster who receives, accepts or holds any funds on behalf of an insured, towards the settlement of a claim for loss or damage, shall deposit the funds in a noninterest-bearing escrow or trust account in a financial institution that is insured by an agency of the federal government in the insured's home state or in the state where the loss occurred.
Acts 2006, ch. 997, § 16.
Tenn. Code Ann. § 56-9-327 — TN Code / Title 56 / Chapter 9 / Section 56-9-327
Denial of claim by liquidator - Notice - Hearing - Final disposition - Rules of procedure
Status: in_force

(a) When a claim is denied in whole or in part by the liquidator, written notice of the determination shall be given to the claimant or the claimant's attorney by first class mail at the address shown in the proof of claim. Within thirty (30) days from the mailing of the notice, the claimant may file objections with the liquidator. Any filed objections shall clearly set out all facts and the legal basis, if any, for the objections and the reasons why the claim should be allowed. If no such filing is made, the determination is final. (b) Whenever objections are filed with the liquidator and the liquidator does not alter the determination of the claim as a result of the objections, the liquidator shall ask the court for a hearing as soon as practicable and give notice of the hearing by first class mail to the claimant or the claimant's attorney and to any other persons directly affected, not less than ten (10) nor more than thirty (30) days before the date of the hearing. The matter may be heard by the court or by a court-appointed referee. The hearing shall be conducted on the record in an informal manner and the formal rules of evidence and civil procedure need not be strictly applied. Hearings shall be held without a jury. Prehearing discovery shall be limited to the pretrial discovery as expressly permitted in arbitration proceedings under title 29, chapter 5. (c) When a disputed claim is heard by a referee, the referee shall submit written findings of fact and conclusions of law, together with the recommendation for disposition to the court. The referee's recommendation shall become the final judgment of the court, unless objections to the referee's recommendation are filed by the liquidator or a claimant with the court within fifteen (15) days after the recommendation is mailed to the liquidator and claimant. (d) The final disposition by the court of a disputed claim, whether after a hearing by the court or after a recommendation by a referee, shall be deemed a final judgment for purposes of appeal. (e) The courts of this state may make special rules of procedure for disputed claims, if such rules are not inconsistent with this chapter. Acts 1991, ch. 142, § 4; 1999, ch. 348, § 2.
(a) When a claim is denied in whole or in part by the liquidator, written notice of the determination shall be given to the claimant or the claimant's attorney by first class mail at the address shown in the proof of claim. Within thirty (30) days from the mailing of the notice, the claimant may file objections with the liquidator. Any filed objections shall clearly set out all facts and the legal basis, if any, for the objections and the reasons why the claim should be allowed. If no such filing is made, the determination is final.
(b) Whenever objections are filed with the liquidator and the liquidator does not alter the determination of the claim as a result of the objections, the liquidator shall ask the court for a hearing as soon as practicable and give notice of the hearing by first class mail to the claimant or the claimant's attorney and to any other persons directly affected, not less than ten (10) nor more than thirty (30) days before the date of the hearing. The matter may be heard by the court or by a court-appointed referee. The hearing shall be conducted on the record in an informal manner and the formal rules of evidence and civil procedure need not be strictly applied. Hearings shall be held without a jury. Prehearing discovery shall be limited to the pretrial discovery as expressly permitted in arbitration proceedings under title 29, chapter 5.
(c) When a disputed claim is heard by a referee, the referee shall submit written findings of fact and conclusions of law, together with the recommendation for disposition to the court. The referee's recommendation shall become the final judgment of the court, unless objections to the referee's recommendation are filed by the liquidator or a claimant with the court within fifteen (15) days after the recommendation is mailed to the liquidator and claimant.
(d) The final disposition by the court of a disputed claim, whether after a hearing by the court or after a recommendation by a referee, shall be deemed a final judgment for purposes of appeal.
(e) The courts of this state may make special rules of procedure for disputed claims, if such rules are not inconsistent with this chapter.
Acts 1991, ch. 142, § 4; 1999, ch. 348, § 2.
Tenn. Code Ann. § 56-7-2304 — TN Code / Title 56 / Chapter 7 / Section 56-7-2304
Continuation of coverage on group contracts
Status: in_force

The commissioner is authorized to adopt rules applicable to insurance policies and subscriber contracts provided by an insurance company or a nonprofit service corporation on a group or group-type basis establishing reasonable requirements for extension of benefits and determination of claim liability in the event of discontinuance of coverage for nonpayment of premiums or replacement of coverage by another carrier. All rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and shall provide for any notices required that notice to the group policyholder or subscriber contract holder are deemed notice to the employee, member, or subscriber. No rule shall require the extension of coverage, except as to policies or contracts issued, altered, or amended after the effective date of the rule. Amended by 2018 Tenn. Acts, ch. 873,s 11, eff. 5/3/2018. Acts 1976, ch. 417, § 9; T.C.A., § 56-1177; Acts 1992, ch. 984, § 1; T.C.A. § 56-7-114 .
The commissioner is authorized to adopt rules applicable to insurance policies and subscriber contracts provided by an insurance company or a nonprofit service corporation on a group or group-type basis establishing reasonable requirements for extension of benefits and determination of claim liability in the event of discontinuance of coverage for nonpayment of premiums or replacement of coverage by another carrier. All rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and shall provide for any notices required that notice to the group policyholder or subscriber contract holder are deemed notice to the employee, member, or subscriber. No rule shall require the extension of coverage, except as to policies or contracts issued, altered, or amended after the effective date of the rule.
Amended by 2018 Tenn. Acts, ch. 873,s 11, eff. 5/3/2018.
Acts 1976, ch. 417, § 9; T.C.A., § 56-1177; Acts 1992, ch. 984, § 1; T.C.A. § 56-7-114 .
Tenn. Code Ann. § 56-30-135 — TN Code / Title 56 / Chapter 30 / Section 56-30-135
Provision of insurance plans for vision services
Status: in_force

Notwithstanding any other law to the contrary, subject to approval by the commissioner, a nonprofit dental service corporation only providing dental plans and policies in this state has the authority to provide plans and polices for vision services in this state in the same manner as nonprofit corporations 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. In order for a nonprofit dental service corporation to provide plans and policies for vision services in this state, the nonprofit dental service corporation must not provide vision services in any other state and must comply with §§ 56-31-111 - 56-31-118, 56-31-121, and 56-31-123 - 56-31-129. Acts 2018 , ch. 644, § 1.
Notwithstanding any other law to the contrary, subject to approval by the commissioner, a nonprofit dental service corporation only providing dental plans and policies in this state has the authority to provide plans and polices for vision services in this state in the same manner as nonprofit corporations 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. In order for a nonprofit dental service corporation to provide plans and policies for vision services in this state, the nonprofit dental service corporation must not provide vision services in any other state and must comply with §§ 56-31-111 - 56-31-118, 56-31-121, and 56-31-123 - 56-31-129.
Acts 2018 , ch. 644, § 1.
Tenn. Code Ann. § 56-7-606 — TN Code / Title 56 / Chapter 7 / Section 56-7-606
Report on examples of shared savings incentive programs
Status: in_force

The state insurance committee, created by § 8-27-201 , shall publish a report no later than January 1, 2020, on examples of shared savings incentive programs that directly incentivize current enrollees and retirees to shop for lower cost care in other states and consider implementation of such a program in this state. The state insurance committee may implement such a program as part of the next open enrollment period if it is believed to be cost effective. The state insurance committee shall share the report in writing to the government operations committees in both the senate and house of representatives. Acts 2019, ch. 407, § 1.
The state insurance committee, created by § 8-27-201 , shall publish a report no later than January 1, 2020, on examples of shared savings incentive programs that directly incentivize current enrollees and retirees to shop for lower cost care in other states and consider implementation of such a program in this state. The state insurance committee may implement such a program as part of the next open enrollment period if it is believed to be cost effective. The state insurance committee shall share the report in writing to the government operations committees in both the senate and house of representatives.
Acts 2019, ch. 407, § 1.
Tenn. Code Ann. § 56-51-146 — TN Code / Title 56 / Chapter 51 / Section 56-51-146
Investigative power of department
Status: in_force

The department has the power to examine and investigate the affairs of every person, entity, or prepaid limited health service organization in order to determine whether the person, entity, or prepaid limited health service organization is operating in accordance with this chapter, or has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by §§ 56-8-103 and 56-8-104 . The department also has the powers enumerated in chapter 8 of this title. Acts 2000, ch. 948, § 46.
The department has the power to examine and investigate the affairs of every person, entity, or prepaid limited health service organization in order to determine whether the person, entity, or prepaid limited health service organization is operating in accordance with this chapter, or has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by §§ 56-8-103 and 56-8-104 . The department also has the powers enumerated in chapter 8 of this title.
Acts 2000, ch. 948, § 46.
Tenn. Code Ann. § 56-13-206 — TN Code / Title 56 / Chapter 13 / Section 56-13-206
Combining assets
Status: in_force

Notwithstanding § 56-13-204 , the assets of two (2) or more protected cells may be combined for purposes of investment, and such combination shall not be construed as defeating the segregation of such assets for accounting or other purposes. Notwithstanding any other provision of this title, the commissioner may approve the use of alternative reliable methods of valuation and rating. Amended by 2015 Tenn. Acts, ch. 156,s 16, eff. 4/17/2015. Acts 2011, ch. 468, § 1.
Notwithstanding § 56-13-204 , the assets of two (2) or more protected cells may be combined for purposes of investment, and such combination shall not be construed as defeating the segregation of such assets for accounting or other purposes. Notwithstanding any other provision of this title, the commissioner may approve the use of alternative reliable methods of valuation and rating.
Amended by 2015 Tenn. Acts, ch. 156,s 16, eff. 4/17/2015.
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-5-115 — TN Code / Title 56 / Chapter 5 / Section 56-5-115
Examination of insurance entities by commissioner
Status: in_force

(a) The commissioner may examine any insurer, advisory organization, rate service organization, pool or residual market mechanism to ascertain compliance with this part. (b) Every insurer, advisory organization, rate service organization, pool and residual market mechanism shall maintain records of the type and kind reasonably adapted to its method of operation. The records shall contain the experience, data, statistics and other information collected or used by it in its activities. These records shall be available for examination or inspection by the commissioner at any time upon reasonable notice. (c) The cost of an examination made pursuant to this section shall be paid by the examined party in the same manner as provided by § 56-1-413 . (d) The commissioner may accept the report of an examination made by the insurance supervisory official of another state in lieu of an examination under this section. Acts 1983, ch. 66, § 16.
(a) The commissioner may examine any insurer, advisory organization, rate service organization, pool or residual market mechanism to ascertain compliance with this part.
(b) Every insurer, advisory organization, rate service organization, pool and residual market mechanism shall maintain records of the type and kind reasonably adapted to its method of operation. The records shall contain the experience, data, statistics and other information collected or used by it in its activities. These records shall be available for examination or inspection by the commissioner at any time upon reasonable notice.
(c) The cost of an examination made pursuant to this section shall be paid by the examined party in the same manner as provided by § 56-1-413 .
(d) The commissioner may accept the report of an examination made by the insurance supervisory official of another state in lieu of an examination under this section.
Acts 1983, ch. 66, § 16.
Tenn. Code Ann. § 56-16-106 — TN Code / Title 56 / Chapter 16 / Section 56-16-106
Business name - Requirements
Status: in_force

Every reciprocal shall have and use a business name that includes the word "reciprocal," "interinsurer," "interinsurance," "exchange," "underwriters" or "underwriting." Acts 1990, ch. 728, § 2; T.C.A. § 56-16-206 .
Every reciprocal shall have and use a business name that includes the word "reciprocal," "interinsurer," "interinsurance," "exchange," "underwriters" or "underwriting."
Acts 1990, ch. 728, § 2; T.C.A. § 56-16-206 .
Tenn. Code Ann. § 56-55-101 — TN Code / Title 56 / Chapter 55 / Section 56-55-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Vehicle Protection Product Act." Acts 2005, ch. 244, § 2.
This chapter shall be known and may be cited as the "Tennessee Vehicle Protection Product Act."
Acts 2005, ch. 244, § 2.
Tenn. Code Ann. § 56-2-304 — TN Code / Title 56 / Chapter 2 / Section 56-2-304
Cease and desist orders
Status: in_force

If the commissioner finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in an order, a summary cease and desist order may be issued pending proceedings for other actions under this part. These proceedings shall be promptly instituted and determined. Acts 1993, ch. 253, § 16.
If the commissioner finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in an order, a summary cease and desist order may be issued pending proceedings for other actions under this part. These proceedings shall be promptly instituted and determined.
Acts 1993, ch. 253, § 16.
Tenn. Code Ann. § 56-3-506 — TN Code / Title 56 / Chapter 3 / Section 56-3-506
Agreements providing for annuity benefits on a variable basis - Statements required
Status: in_force

If the agreement provides for payment of benefits in variable amounts, it shall contain a statement of the essential features of the procedure to be followed by the company in determining the dollar amount of the variable benefits. The agreement, and any certificate in evidence of variable benefits issued under the agreement, shall state that the dollar amount may decrease or increase and shall contain on its first page a statement that the benefits under the agreement are on a variable basis. Acts 1967, ch. 353, § 6; T.C.A., § 56-263; Acts 1970, ch. 493, § 2; T.C.A., § 56-317.
If the agreement provides for payment of benefits in variable amounts, it shall contain a statement of the essential features of the procedure to be followed by the company in determining the dollar amount of the variable benefits. The agreement, and any certificate in evidence of variable benefits issued under the agreement, shall state that the dollar amount may decrease or increase and shall contain on its first page a statement that the benefits under the agreement are on a variable basis.
Acts 1967, ch. 353, § 6; T.C.A., § 56-263; Acts 1970, ch. 493, § 2; T.C.A., § 56-317.
Tenn. Code Ann. § 56-21-106 — TN Code / Title 56 / Chapter 21 / Section 56-21-106
Retirement or liquidation of guaranty capital
Status: in_force

A mutual fire insurance company may at any time use any surplus over and above all liabilities, including reinsurance reserve, for the purpose of retiring or liquidating any part of its guaranty capital. All of the guaranty capital shall be retired when an amount of net surplus of one million five hundred thousand dollars ($1,500,000) shall have been accumulated. Acts 1907, ch. 461, § 4; Shan., § 3369a10; Acts 1921, ch. 160, § 4; Code 1932, § 6261; Acts 1972, ch. 703, § 1; T.C.A. (orig. ed.), § 56-2008.
A mutual fire insurance company may at any time use any surplus over and above all liabilities, including reinsurance reserve, for the purpose of retiring or liquidating any part of its guaranty capital. All of the guaranty capital shall be retired when an amount of net surplus of one million five hundred thousand dollars ($1,500,000) shall have been accumulated.
Acts 1907, ch. 461, § 4; Shan., § 3369a10; Acts 1921, ch. 160, § 4; Code 1932, § 6261; Acts 1972, ch. 703, § 1; T.C.A. (orig. ed.), § 56-2008.
Tenn. Code Ann. § 56-51-108 — TN Code / Title 56 / Chapter 51 / Section 56-51-108
Continued eligibility for certificate of authority
Status: in_force

In order to maintain its eligibility for a certificate of authority, a prepaid limited health service organization must continue to meet all conditions required to be met under this chapter and the rules adopted under this chapter for the initial application for and issuance of its certificate of authority under §§ 56-51-106 and 56-51-107 . Acts 2000, ch. 948, § 8.
In order to maintain its eligibility for a certificate of authority, a prepaid limited health service organization must continue to meet all conditions required to be met under this chapter and the rules adopted under this chapter for the initial application for and issuance of its certificate of authority under §§ 56-51-106 and 56-51-107 .
Acts 2000, ch. 948, § 8.