Tenn. Code Ann. § 56-55-110 — TN Code / Title 56 / Chapter 55 / Section 56-55-110
Accounts, books, and records
Status: in_force

(a) All vehicle protection product warrantors shall keep accurate accounts, books, and records concerning transactions regulated under this chapter. (b) A vehicle protection product warrantor's accounts, books, and records shall include: (1) Copies of all vehicle protection product warranties; (2) The name and address of each warranty holder; and (3) The dates, amounts, and descriptions of all receipts, claims, and expenditures. (c) A vehicle protection product warrantor shall retain all required accounts, books, and records pertaining to each warranty holder for at least two (2) years after the specified period of coverage has expired. A warrantor discontinuing business in this state shall maintain the records until it furnishes the commissioner satisfactory proof that it has discharged all obligations to warranty holders in this state. (d) Vehicle protection product warrantors shall make all accounts, books, and records concerning transactions regulated under this chapter available to the commissioner for the purpose of examination. Acts 2005, ch. 244, § 11.
(a) All vehicle protection product warrantors shall keep accurate accounts, books, and records concerning transactions regulated under this chapter.
(b) A vehicle protection product warrantor's accounts, books, and records shall include: (1) Copies of all vehicle protection product warranties; (2) The name and address of each warranty holder; and (3) The dates, amounts, and descriptions of all receipts, claims, and expenditures.
(1) Copies of all vehicle protection product warranties;
(2) The name and address of each warranty holder; and
(3) The dates, amounts, and descriptions of all receipts, claims, and expenditures.
(c) A vehicle protection product warrantor shall retain all required accounts, books, and records pertaining to each warranty holder for at least two (2) years after the specified period of coverage has expired. A warrantor discontinuing business in this state shall maintain the records until it furnishes the commissioner satisfactory proof that it has discharged all obligations to warranty holders in this state.
(d) Vehicle protection product warrantors shall make all accounts, books, and records concerning transactions regulated under this chapter available to the commissioner for the purpose of examination.
Acts 2005, ch. 244, § 11.
Tenn. Code Ann. § 56-51-152 — TN Code / Title 56 / Chapter 51 / Section 56-51-152
Taxes imposed
Status: in_force

(a) The premiums, contributions and assessments received by prepaid limited health service organizations are subject to the tax imposed by § 56-32-124 ; provided, however, that the premiums, contributions and assessments received by prepaid limited health service organizations pursuant to subcontracts with entities under contract to the Title XIX single state agency for the provision of health care services are exempt from the tax. (b) The department shall administer this section pursuant to § 56-32-124 . (c) The amount of taxes collected under this section shall be a single credit against the sum total of the taxes imposed by the Franchise Tax Law, compiled in title 67, chapter 4, part 21 and by the Excise Tax Law, compiled in title 67, chapter 4, part 20. Acts 2000, ch. 948, §52; 2007 , ch. 299, § 1.
(a) The premiums, contributions and assessments received by prepaid limited health service organizations are subject to the tax imposed by § 56-32-124 ; provided, however, that the premiums, contributions and assessments received by prepaid limited health service organizations pursuant to subcontracts with entities under contract to the Title XIX single state agency for the provision of health care services are exempt from the tax.
(b) The department shall administer this section pursuant to § 56-32-124 .
(c) The amount of taxes collected under this section shall be a single credit against the sum total of the taxes imposed by the Franchise Tax Law, compiled in title 67, chapter 4, part 21 and by the Excise Tax Law, compiled in title 67, chapter 4, part 20.
Acts 2000, ch. 948, §52; 2007 , ch. 299, § 1.
Tenn. Code Ann. § 56-21-112 — TN Code / Title 56 / Chapter 21 / Section 56-21-112
Injunction against further business - Procedure - Appointment of receiver
Status: in_force

(a) The commissioner, whenever satisfied that any such company has exceeded its powers or has failed to comply with this chapter, or is conducting its business fraudulently, or that in the commissioner's judgment its financial condition is unsound, or that it is not maintaining the required amount of net surplus or unimpaired guaranty capital and reserve, shall have the duty to present the facts relating thereto to the attorney general and reporter, who shall, if the attorney general and reporter deems the circumstances warrant, commence an action in quo warranto or an action of that nature in any court of competent jurisdiction nearest to the company's domicile; and, if upon the trial, the court finds that the allegations in the petition are true and that legal grounds exist therefor, the company shall be enjoined from doing further business; provided, that the company shall have reasonable notice served upon it by the commissioner and shall be given reasonable opportunity and time to show cause why the proceedings should not be commenced and to make good any impairment in its guaranty capital or reserve. (b) Whenever, in the opinion of the court, the company should not be permitted longer to transact business, the court shall appoint a receiver for the purpose of winding up its business as in other cases of receivership in this state. Acts 1907, ch. 461, § 12; Shan., § 3369a28; Acts 1921, ch. 160, § 12; Code 1932, § 6279; T.C.A. (orig. ed.), § 56-2014.
(a) The commissioner, whenever satisfied that any such company has exceeded its powers or has failed to comply with this chapter, or is conducting its business fraudulently, or that in the commissioner's judgment its financial condition is unsound, or that it is not maintaining the required amount of net surplus or unimpaired guaranty capital and reserve, shall have the duty to present the facts relating thereto to the attorney general and reporter, who shall, if the attorney general and reporter deems the circumstances warrant, commence an action in quo warranto or an action of that nature in any court of competent jurisdiction nearest to the company's domicile; and, if upon the trial, the court finds that the allegations in the petition are true and that legal grounds exist therefor, the company shall be enjoined from doing further business; provided, that the company shall have reasonable notice served upon it by the commissioner and shall be given reasonable opportunity and time to show cause why the proceedings should not be commenced and to make good any impairment in its guaranty capital or reserve.
(b) Whenever, in the opinion of the court, the company should not be permitted longer to transact business, the court shall appoint a receiver for the purpose of winding up its business as in other cases of receivership in this state.
Acts 1907, ch. 461, § 12; Shan., § 3369a28; Acts 1921, ch. 160, § 12; Code 1932, § 6279; T.C.A. (orig. ed.), § 56-2014.
Tenn. Code Ann. § 56-12-118 — TN Code / Title 56 / Chapter 12 / Section 56-12-118
Advertising by member insurers
Status: in_force

No member insurer shall include any advertising matter in its advertisements in reference to the coverage afforded by the Tennessee insurance guaranty association. Acts 1971, ch. 180, § 18; T.C.A., § 56-4018.
No member insurer shall include any advertising matter in its advertisements in reference to the coverage afforded by the Tennessee insurance guaranty association.
Acts 1971, ch. 180, § 18; T.C.A., § 56-4018.
Tenn. Code Ann. § 56-26-104 — TN Code / Title 56 / Chapter 26 / Section 56-26-104
Disapproval of policy - Limitations and exceptions
Status: in_force

The commissioner shall not disapprove or withdraw approval of any such policy on the ground that its provisions do not comply with §§ 56-26-108 - 56-26-114 or on the ground that it is not printed in uniform type, if it is shown that the rights of the insured or the beneficiary under the policy as a whole are not less favorable than the rights provided by §§ 56-26-108 - 56-26-114, and that the provisions or type size used in the policy are required in the state, district or territory of the United States in which the insurer is organized, anything in §§ 56-26-102 - 56-26-105 to the contrary notwithstanding. Acts 1955, ch. 4, § 2; T.C.A., § 56-3304.
The commissioner shall not disapprove or withdraw approval of any such policy on the ground that its provisions do not comply with §§ 56-26-108 - 56-26-114 or on the ground that it is not printed in uniform type, if it is shown that the rights of the insured or the beneficiary under the policy as a whole are not less favorable than the rights provided by §§ 56-26-108 - 56-26-114, and that the provisions or type size used in the policy are required in the state, district or territory of the United States in which the insurer is organized, anything in §§ 56-26-102 - 56-26-105 to the contrary notwithstanding.
Acts 1955, ch. 4, § 2; T.C.A., § 56-3304.
Tenn. Code Ann. § 56-7-2508 — TN Code / Title 56 / Chapter 7 / Section 56-7-2508
Coverage for infant hearing screening test
Status: in_force

(a) "Hearing screening" or "hearing screening test" means a screening or test provided in accordance with current hearing screening standards established by a nationally recognized organization such as the Joint Committee on Infant Hearing Screening of the American Academy of Pediatrics. (b) Any individual, franchise, blanket or group health insurance policy, medical service plan contract, hospital service corporation contract, hospital and medical service corporation contract, managed health insurance issuer contract, fraternal benefits society plan, or health maintenance organization plan that provides coverage for hospital and surgical expense insurance and that is delivered, issued for delivery, amended or renewed in this state on or after July 1, 2008, shall provide coverage for infant hearing screening tests as provided in § 68-5-904 . (c) The coverage required by this section may be subject to annual deductible, co-pays, co-insurance and contractual requirements established for other similar benefits within the policy or contract; provided, that the annual deductible, co-pays, co-insurance and contractual requirements for the coverage required by this section are no greater or more restrictive than those established for other similar benefits within the policy or contract of insurance. (d) Nothing in this section shall apply to accident only, specified disease, hospital indemnity, medicare supplemental, long-term care, disability or other limited benefit insurance policies or to any employer plan exempt from regulation under this title due to § 514 of the Employee Retirement Income Security Act of 1974 (ERISA) ( 29 U.S.C. § 1144 ). Acts 2008, ch. 768, § 8.
(a) "Hearing screening" or "hearing screening test" means a screening or test provided in accordance with current hearing screening standards established by a nationally recognized organization such as the Joint Committee on Infant Hearing Screening of the American Academy of Pediatrics.
(b) Any individual, franchise, blanket or group health insurance policy, medical service plan contract, hospital service corporation contract, hospital and medical service corporation contract, managed health insurance issuer contract, fraternal benefits society plan, or health maintenance organization plan that provides coverage for hospital and surgical expense insurance and that is delivered, issued for delivery, amended or renewed in this state on or after July 1, 2008, shall provide coverage for infant hearing screening tests as provided in § 68-5-904 .
(c) The coverage required by this section may be subject to annual deductible, co-pays, co-insurance and contractual requirements established for other similar benefits within the policy or contract; provided, that the annual deductible, co-pays, co-insurance and contractual requirements for the coverage required by this section are no greater or more restrictive than those established for other similar benefits within the policy or contract of insurance.
(d) Nothing in this section shall apply to accident only, specified disease, hospital indemnity, medicare supplemental, long-term care, disability or other limited benefit insurance policies or to any employer plan exempt from regulation under this title due to § 514 of the Employee Retirement Income Security Act of 1974 (ERISA) ( 29 U.S.C. § 1144 ).
Acts 2008, ch. 768, § 8.
Tenn. Code Ann. § 56-33-107 — TN Code / Title 56 / Chapter 33 / Section 56-33-107
Classification and filing of travel insurance - Form of travel insurance - Eligibility and underwriting standards for travel insurance
Status: in_force

(a) (1) Notwithstanding a provision of this title to the contrary, travel insurance must be classified and filed for purposes of rates and forms under an inland marine line of insurance. (2) Travel insurance that provides coverage for sickness, accident, disability, or death occurring during travel, either exclusively or in conjunction with related coverages of emergency evacuation or repatriation of remains, may be filed under either an accident and health line of insurance or an inland marine line of insurance. (b) Travel insurance may be in the form of an individual, group, or blanket policy. (c) Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels, if the standards also meet the state's underwriting standards for inland marine lines of insurance. Acts 2022, ch. 703, § 6.
(a) (1) Notwithstanding a provision of this title to the contrary, travel insurance must be classified and filed for purposes of rates and forms under an inland marine line of insurance. (2) Travel insurance that provides coverage for sickness, accident, disability, or death occurring during travel, either exclusively or in conjunction with related coverages of emergency evacuation or repatriation of remains, may be filed under either an accident and health line of insurance or an inland marine line of insurance.
(1) Notwithstanding a provision of this title to the contrary, travel insurance must be classified and filed for purposes of rates and forms under an inland marine line of insurance.
(2) Travel insurance that provides coverage for sickness, accident, disability, or death occurring during travel, either exclusively or in conjunction with related coverages of emergency evacuation or repatriation of remains, may be filed under either an accident and health line of insurance or an inland marine line of insurance.
(b) Travel insurance may be in the form of an individual, group, or blanket policy.
(c) Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels, if the standards also meet the state's underwriting standards for inland marine lines of insurance.
Acts 2022, ch. 703, § 6.
Tenn. Code Ann. § 56-1-305 — TN Code / Title 56 / Chapter 1 / Section 56-1-305
Bond of director and assistants
Status: in_force

The director, and any assistants designated by the commissioner, shall give bond as provided by law, conditioned upon the faithful performance of the duties of the office and for the faithful accounting of all money and other property that comes into their hands. Acts 1978, ch. 906, § 3; modified; T.C.A., § 56-145.
The director, and any assistants designated by the commissioner, shall give bond as provided by law, conditioned upon the faithful performance of the duties of the office and for the faithful accounting of all money and other property that comes into their hands.
Acts 1978, ch. 906, § 3; modified; T.C.A., § 56-145.
Tenn. Code Ann. § 56-51-126 — TN Code / Title 56 / Chapter 51 / Section 56-51-126
Certain words prohibited in name of organization
Status: in_force

(a) No entity certificated as a prepaid limited health service organization, other than a licensed insurer or health maintenance organization insofar as its name is concerned, may use in its name, contracts, or literature any of the words "insurance," "casualty," "surety," "mutual," or "HMO," or any other words descriptive of the insurance, casualty, HMO, or surety business or deceptively similar to the name or description of any insurance, HMO, or surety corporation doing business in this state. (b) No person, entity, or health care plan not certificated under this chapter may use in its name, logo, contracts, or literature the phrase "prepaid limited health services contract" or the initials "PLHSC" to imply, directly or indirectly, that it is a prepaid limited health service organization or hold itself out to be a prepaid limited health service organization. Acts 2000, ch. 948, § 26.
(a) No entity certificated as a prepaid limited health service organization, other than a licensed insurer or health maintenance organization insofar as its name is concerned, may use in its name, contracts, or literature any of the words "insurance," "casualty," "surety," "mutual," or "HMO," or any other words descriptive of the insurance, casualty, HMO, or surety business or deceptively similar to the name or description of any insurance, HMO, or surety corporation doing business in this state.
(b) No person, entity, or health care plan not certificated under this chapter may use in its name, logo, contracts, or literature the phrase "prepaid limited health services contract" or the initials "PLHSC" to imply, directly or indirectly, that it is a prepaid limited health service organization or hold itself out to be a prepaid limited health service organization.
Acts 2000, ch. 948, § 26.
Tenn. Code Ann. § 56-7-706 — TN Code / Title 56 / Chapter 7 / Section 56-7-706
Premiums or assessments for industrial or fraternal insurance not to be received after insolvency
Status: in_force

No officer, director, or agent of an insurance company or association transacting an industrial insurance business in this state shall knowingly and willfully receive any premium or assessment on behalf of any industrial insurance company or association or fraternal organization, knowing at the time of receipt of the premium or assessment that the company or association is insolvent according to the laws of the state of the organization of the company, without giving notice to the person paying the premium or assessment. Acts 1917, ch. 7, § 2; Shan., § 3369a151; Code 1932, § 6444; T.C.A. (orig. ed.), § 56-1133; Acts 1989, ch. 591, § 113.
No officer, director, or agent of an insurance company or association transacting an industrial insurance business in this state shall knowingly and willfully receive any premium or assessment on behalf of any industrial insurance company or association or fraternal organization, knowing at the time of receipt of the premium or assessment that the company or association is insolvent according to the laws of the state of the organization of the company, without giving notice to the person paying the premium or assessment.
Acts 1917, ch. 7, § 2; Shan., § 3369a151; Code 1932, § 6444; T.C.A. (orig. ed.), § 56-1133; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 56-7-2912 — TN Code / Title 56 / Chapter 7 / Section 56-7-2912
[For postponed repeal effective 6/30/2025, see T.C.A. 56-7-2916] Fraud and abuse
Status: in_force

The office of inspector general, created pursuant to § 71-5-2502 , shall have the authority to investigate civil and criminal fraud and abuse of Access Tennessee, or any other violations of state criminal law related to the operation of the program. The powers of the office of inspector general set forth in §§ 71-5-2501 - 72-5-2512 relating to the investigation of fraud and abuse in the TennCare program shall also be applicable to its investigation of fraud and abuse of Access Tennessee. Acts 2006, ch. 867, §§ 3, 14.
The office of inspector general, created pursuant to § 71-5-2502 , shall have the authority to investigate civil and criminal fraud and abuse of Access Tennessee, or any other violations of state criminal law related to the operation of the program. The powers of the office of inspector general set forth in §§ 71-5-2501 - 72-5-2512 relating to the investigation of fraud and abuse in the TennCare program shall also be applicable to its investigation of fraud and abuse of Access Tennessee.
Acts 2006, ch. 867, §§ 3, 14.
Tenn. Code Ann. § 56-4-207 — TN Code / Title 56 / Chapter 4 / Section 56-4-207
Tax on self-insurers under compensation law
Status: in_force

(a) If any employer covered by the Workers' Compensation Law, compiled in title 50, chapter 6, carries its own insurance as provided by that chapter, the employer shall pay to the commissioner four percent (4%) on the premium that the employer would be required to pay if the employer carried the full coverage insurance called for with licensed insurance companies; provided, that the tax so paid by any employer shall in no instance be less than five dollars ($5.00), and a surcharge of four tenths of one percent (0.4%) on the premium the employer would have been required to pay, the surcharge to be earmarked for the administration of the Tennessee Occupational Safety and Health Act, compiled in title 50, chapter 3. The tax shall be paid by the self-insurers to the commissioner on or before June 30 of each year. Any company or corporation electing to operate as a self-insurer and having been duly qualified as such subsequent to June 30 of any year shall pay the tax based on the estimated payroll for the balance of the year when the permit is issued; provided, that the surcharge of four tenths of one percent (0.4%) on the tax on workers' compensation insurance premiums levied by this section shall not apply to any employer who employs ten (10) or fewer employees, unless the employer is in the business of construction or manufacturing. (b) This section shall not apply to county or municipal governments. Acts 1945, ch. 3, § 2; C. Supp. 1950, § 1248.42 (Williams, § 1248.170); impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-410; impl. am. Acts 1980, ch. 534, § 1; Acts 1981, ch. 396, §§ 2, 4; 1984, ch. 962, § 1; 1985, ch. 354, § 1.
(a) If any employer covered by the Workers' Compensation Law, compiled in title 50, chapter 6, carries its own insurance as provided by that chapter, the employer shall pay to the commissioner four percent (4%) on the premium that the employer would be required to pay if the employer carried the full coverage insurance called for with licensed insurance companies; provided, that the tax so paid by any employer shall in no instance be less than five dollars ($5.00), and a surcharge of four tenths of one percent (0.4%) on the premium the employer would have been required to pay, the surcharge to be earmarked for the administration of the Tennessee Occupational Safety and Health Act, compiled in title 50, chapter 3. The tax shall be paid by the self-insurers to the commissioner on or before June 30 of each year. Any company or corporation electing to operate as a self-insurer and having been duly qualified as such subsequent to June 30 of any year shall pay the tax based on the estimated payroll for the balance of the year when the permit is issued; provided, that the surcharge of four tenths of one percent (0.4%) on the tax on workers' compensation insurance premiums levied by this section shall not apply to any employer who employs ten (10) or fewer employees, unless the employer is in the business of construction or manufacturing.
(b) This section shall not apply to county or municipal governments.
Acts 1945, ch. 3, § 2; C. Supp. 1950, § 1248.42 (Williams, § 1248.170); impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-410; impl. am. Acts 1980, ch. 534, § 1; Acts 1981, ch. 396, §§ 2, 4; 1984, ch. 962, § 1; 1985, ch. 354, § 1.
Tenn. Code Ann. § 56-7-2402 — TN Code / Title 56 / Chapter 7 / Section 56-7-2402
Participation by optometrists, podiatrists and social workers in medical, hospital, and hospital and medical service plans
Status: in_force

(a) Whenever any subscribers under any medical service plan or hospital service contract or hospital and medical service contract, as provided under chapters 27-29 of this title or any similar statutes, or any other persons covered by the plan or contract, are entitled to reimbursement for any services that are within the lawful scope of practice of a duly licensed optometrist as defined in § 63-8-102 ; 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 ; the subscriber or other person shall be entitled to reimbursement for the services, whether the services are performed by a duly licensed physician; a duly licensed optometrist; a duly licensed podiatrist; or a person duly licensed to engage in independent practice as a licensed clinical social worker, notwithstanding any provision to the contrary in any other statute or in the plan or contract; and duly licensed optometrists and podiatrists shall be entitled to participate in the plans or contracts providing for the services to the same extent and subject to the same limitations as duly licensed physicians. (b) The provisions of this section relating to podiatric services apply to all contracts, plans or policies issued or renewed on or after July 1, 1981. Acts 1965, ch. 357, § 2; T.C.A., § 56-1146; Acts 1981, ch. 168, §§ 3-5, 10; 1985, ch. 27, § 2; 1992, ch. 984, § 2; T.C.A., § 56-7-109 ; Acts 2012, ch. 595, § 2.
(a) Whenever any subscribers under any medical service plan or hospital service contract or hospital and medical service contract, as provided under chapters 27-29 of this title or any similar statutes, or any other persons covered by the plan or contract, are entitled to reimbursement for any services that are within the lawful scope of practice of a duly licensed optometrist as defined in § 63-8-102 ; 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 ; the subscriber or other person shall be entitled to reimbursement for the services, whether the services are performed by a duly licensed physician; a duly licensed optometrist; a duly licensed podiatrist; or a person duly licensed to engage in independent practice as a licensed clinical social worker, notwithstanding any provision to the contrary in any other statute or in the plan or contract; and duly licensed optometrists and podiatrists shall be entitled to participate in the plans or contracts providing for the services to the same extent and subject to the same limitations as duly licensed physicians.
(b) The provisions of this section relating to podiatric services apply to all contracts, plans or policies issued or renewed on or after July 1, 1981.
Acts 1965, ch. 357, § 2; T.C.A., § 56-1146; Acts 1981, ch. 168, §§ 3-5, 10; 1985, ch. 27, § 2; 1992, ch. 984, § 2; T.C.A., § 56-7-109 ; Acts 2012, ch. 595, § 2.