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TN Code § 56-29-108 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 29 - Hospital and Medical Service Corporations|§ 56-29-108. Issuance of License by Commissioner — Prerequisites

 The commissioner shall issue a license upon compliance with this chapter and other proper requirements of the commissioner, and upon being satisfied that:   The applicant is established as a bona fide nonprofit hospital service corporation with or without the right to provide medical expense indemnity; the hospital service benefits provided by the corporation are not an unnecessary duplication of similar service in the community served; it is desirable for public necessity and convenience; hospital contracts have been obtained, if possible, in the findings of the commissioner, with hospitals representing a majority of the bed capacity in the area where members are to be enrolled; and a fair opportunity has been given to all institutions of standing in the area to be served, to become member hospitals;   A provision has been made in the subscriber's contract authorizing hospital service in hospitals other than participating hospitals, in which case money benefits shall be provided as specified in the subscriber's contract and approved as fair by the commissioner;   Member hospitals of a hospital service plan agree to render service benefits of the plan of which it is a member at the agreed payment schedule to all subscribers; and   The rates charged are fair, reasonable, adequate and not unfairly discriminatory. Benefits to be provided are to be fair, reasonable and not unfairly discriminatory. Rates may differ between subscribers in recognized groups and subscribers not in groups, all subject as above to the approval of the commissioner.
TN Code § 56-29-109 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 29 - Hospital and Medical Service Corporations|§ 56-29-109. Working Capital Provided by Disinterested Groups or Individuals — Repayment — Interest

 The amount provided as working capital shall only be provided by individuals or groups who have no financial interest in the activities of the hospital service corporations, or by any member hospitals. Interest charged for the capital, if any, shall not exceed six percent (6%), and payment of interest, if any, and repayment of the working capital shall be permitted only after provision has been adequately made for operating expenses, payments to member hospitals and the establishment of legal reserves and other reserves that may be required by the commissioner. The amount of money actually available for working capital shall be sufficient to carry all acquisition costs and operating expenses for a period of at least three (3) months from the date of the issuance of the certificate.
TN Code § 56-29-110 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 29 - Hospital and Medical Service Corporations|§ 56-29-110. Acquisition and Administrative Expenses — Limitation — Approval

 All acquisition and administrative expenses in connection with the hospital service corporations shall at all times be limited after the first year of operation to not exceed twenty-five percent (25%) of the total net premium income of the corporation. All acquisition and administrative expenses shall be subject to the approval of the commissioner.
TN Code § 56-29-111 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 29 - Hospital and Medical Service Corporations|§ 56-29-111. Reserve Requirements

 The service corporation shall maintain at all times proper reserves, subject to the approval of the commissioner, for unearned subscription fees and unearned premiums and for unpaid hospital bills, including provision for unreported and undischarged hospital cases and for incurred medical expense indemnity claims and other known liabilities. In addition, a contingency or epidemic reserve shall be accumulated annually at a rate not less than two and one half percent (2.5%) of net premium income. If the service corporation provides for hospital service benefits only when the contingency or epidemic reserve equals seventy-five thousand dollars ($75,000), or fifty-five percent (55%) of the annual premium income, whichever is higher, or if the service corporation provides for hospital service and medical expense indemnity benefits when the contingency or epidemic reserve equals one hundred fifty thousand dollars ($150,000), or fifty-five percent (55%) of the annual premium income, whichever is higher, further accumulations may be discontinued for any length of time that they are not required to meet the contingency or epidemic reserve requirement. If the service corporation is unable to meet the requirements of this section, then the commissioner is empowered to require that the corporation either increase rates or reduce benefits to the extent necessary in order that the corporation may be able to meet the requirements.
TN Code § 56-29-112 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 29 - Hospital and Medical Service Corporations|§ 56-29-112. Investment of Corporation Funds

 The funds of the service corporations, subject to this chapter, shall be invested only in securities permitted by the law of this state for the investment of assets of life insurance companies.
TN Code § 56-29-113 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 29 - Hospital and Medical Service Corporations|§ 56-29-113. Annual Statement — Contents — Filing Fee

 Every service corporation shall annually, on or before March 1, file in the office of the department a statement of its operation for the calendar year and 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).
TN Code § 56-29-114 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 29 - Hospital and Medical Service Corporations|§ 56-29-114. Keeping of Adequate Financial and Statistical Records

 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.
TN Code § 56-29-115 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 29 - Hospital and Medical Service Corporations|§ 56-29-115. Examination — Rehabilitation or Liquidation

 The commissioner has the same authority to examine such service corporations as granted to the commissioner for the examination of life, accident and health insurance companies, and has the same authority for the correction, rehabilitation or liquidation of such service corporations as now provided by law for life, accident and health companies.
TN Code § 56-29-117 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 29 - Hospital and Medical Service Corporations|§ 56-29-117. Submission of Contracts and Schedule of Rates to Commissioner — Disapproval

 The corporation shall submit to the commissioner specimen copies of each different type of subscriber's contract and a schedule of rates applicable to the subscriber's contract that it proposes to issue in this state. The commissioner shall approve or disapprove a contract as provided for in §§ 56-26-102 and 56-26-202 and any regulations promulgated under the authority of that section. Sections 56-26-102 and 56-26-202 and related regulations shall apply to all hospital and medical service plans in the same manner as to the accident and sickness policies subject to §§ 56-26-102 and 56-26-202.
TN Code § 56-29-118 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 29 - Hospital and Medical Service Corporations|§ 56-29-118. Licenses Renewable Annually — Agents to Have Certificate of Authority

  All licenses authorizing hospital service corporations to transact business in this state shall be renewable on July 1 of each year.   A hospital 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 contracts for the service corporation in this state, and the certificates shall be renewable January 1 of each year.
TN Code § 56-29-119 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 29 - Hospital and Medical Service Corporations|§ 56-29-119. Fees and Taxes of Corporations and Agents

 Every corporation or its agents, subject to this chapter, shall be subject to the fees and taxes as prescribed for life, health and accident insurance companies and agents of the companies doing business in this state. It is not the purpose of this chapter to discriminate in favor of the service corporations.
TN Code § 56-30-101 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 30 - Dental Service Plan Law, 1961|§ 56-30-101. Short Title

 This chapter shall be known and may be cited as the “Dental Service Plan Law, 1961.”
TN Code § 56-30-102 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 30 - Dental Service Plan Law, 1961|§ 56-30-102. Chapter Definitions

 As used in this chapter, unless the context otherwise requires:   “Beneficiary” means a person designated in the subscription certificate referred to in subdivision (10), as entitled to the dental services referred to in subdivision (10);   “Commissioner” means the commissioner of commerce and insurance;   “Covered dependent” is the spouse, an adult dependent or child of a subscriber who is named in the subscription certificate issued to the subscriber, and with respect to whom appropriate premium is specified in the certificate;   “Dental service” means professional services rendered by persons duly licensed under the laws of this state to practice dentistry and all services defined as constituting the practice of dentistry as set out in title 63, chapter 5;   “Nonprofit dental service corporation” means any corporation organized pursuant to this chapter for the purpose of establishing, maintaining and operating a nonprofit dental service plan, and that employs the service benefit concept in the majority of the programs it administers;   “Nonprofit dental service plan” means a plan whereby specified dental service is provided by a nonprofit dental service corporation to subscribers to the plan;   “Participating dentist” means a dentist licensed to practice dentistry in this state under title 63, chapter 5, who contracts in writing with a dental service plan corporation to perform the dental services specified in the subscription certificates issued by the corporation, and at the rates of compensation determined by the board of directors of the corporation, and who agrees to abide by the bylaws, rules and regulations of the corporation applicable to participating dentists;   “Person” includes a natural person, a corporation, an association, a common law trust or corporation;   “Service benefit concept” means a type of dental benefit contract between a beneficiary and a third party payer, whereby the beneficiary is guaranteed no out-of-pocket expenses for covered services beyond any agreed on cost sharing stipulated in the contract; and   “Subscriber” means a person to whom a subscription certificate is issued by a dental care service plan corporation that sets forth the beneficiaries and the kind and extent of dental service for which the corporation is liable to make payment.
TN Code § 56-30-103 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 30 - Dental Service Plan Law, 1961|§ 56-30-103. Nonprofit Dental Service Corporation — Creation

 Five (5) or more dentists duly licensed to practice under the laws of this state, who give advance written notice by registered or certified mail to the Tennessee Dental Association of their intent to organize a nonprofit dental service corporation, may associate themselves by written articles of association for the incorporation of a nonprofit dental service corporation. The board of each nonprofit dental service corporation must at all times include dentists who maintain an active license to practice under the laws of this state. The laws of this state relative to insurance companies or to the business of insurance, and acts in amendment of the laws or in addition to the laws, do not apply to any nonprofit dental service corporation unless expressly so provided in the laws or acts.
TN Code § 56-30-104 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 30 - Dental Service Plan Law, 1961|§ 56-30-104. Articles of Incorporation — Approval by Commissioner

 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.
TN Code § 56-30-105 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 30 - Dental Service Plan Law, 1961|§ 56-30-105. Board of Directors

 A dental service plan corporation shall consist of a board of directors of such number, grouped in reasonable classes, as the bylaws of the corporation, as approved by the commissioner, shall provide.
TN Code § 56-30-106 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 30 - Dental Service Plan Law, 1961|§ 56-30-106. Subscribers — Rates

  Each nonprofit dental service corporation may contract with its subscribers for dental services as may be from time to time provided under any nonprofit dental service plan adopted by the corporation.   The rates charged by the nonprofit dental service corporation to its subscribers shall be consistent with the proper conduct of its business and the interest of the public and shall at all times be subject to the approval of the commissioner.   Nothing contained in this chapter or in any nonprofit dental service plan shall affect the ordinary professional relationship between the person rendering dental services under the plan and the subscriber to whom the services are rendered; and no action based upon or arising out of the relationship or relating to dental services rendered pursuant to a nonprofit dental service plan shall be maintained against the nonprofit dental service corporation operating the plan.
TN Code § 56-30-107 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 30 - Dental Service Plan Law, 1961|§ 56-30-107. Right to Establish or Operate Plan

 It is unlawful for any person except a dental service plan corporation, incorporated in accordance with this chapter, and operating in accordance with authority from the commissioner, or a nonprofit corporation organized under chapter 27, 28 or 29 of this title, or an insurance company properly qualified in this state to write accident, health or disability insurance, to establish, maintain, or operate a dental service plan, or to solicit subscribers to or enter into contracts with respect to a dental service plan. This prohibition, however, shall not be construed as preventing a person from furnishing dental services for the prevention of diseases among the person's employees or from furnishing dental services required under the Workers' Compensation Law, compiled in title 50, chapter 6, and related legislation when the employee is not charged for the services. The prohibition in this section shall not apply to persons engaging in transactions in this state involving a master group subscription contract lawfully issued and delivered in another state, and the persons shall not be subject to this chapter or otherwise regulated by or prohibited from engaging in the transactions solely as a result of the transactions.
TN Code § 56-30-108 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 30 - Dental Service Plan Law, 1961|§ 56-30-108. Right to Become Participating Dentists — Method of Diagnosis and Treatment Unrestricted — Private Dentist-Patient Relationship

  Every dentist licensed to practice in this state under title 63, chapter 5, has the right to become a participating dentist in the dental service plan corporation operating in the county in which the dentist resides or practices. A dental service plan corporation shall impose no restrictions on the dentists who treat its subscribers as to methods of diagnosis or treatment. The private dentist-patient relationship shall be maintained, and a subscriber shall at all times have free choice of any dentist who is a participating dentist in the corporation and who agrees to accept a particular beneficiary as a patient.   Notwithstanding subsection (a), a dental service plan corporation may limit participation in a plan that is providing or managing dental benefits for the impoverished uninsured on behalf of, or as required by, any governmental entity.
TN Code § 56-30-109 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 30 - Dental Service Plan Law, 1961|§ 56-30-109. Agreements With Participating Dentists

 A dental service plan corporation may enter into agreements with dentists qualified as set out in this chapter, under the terms of which the dentists may become participating dentists in a plan operated by the corporation, and may make payments to the dentists as shall have accrued to them by reason of services performed by them under the plan on behalf of the corporation.
TN Code § 56-30-110 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 30 - Dental Service Plan Law, 1961|§ 56-30-110. Contracts Approved by Commissioner

 No corporation subject to this chapter may issue contracts until the commissioner has formally authorized the contracts to be issued.
TN Code § 56-30-111 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 30 - Dental Service Plan Law, 1961|§ 56-30-111. Applications for Licenses — Accompanying Documents — Filing Fee

 Applications for the licenses shall be made on forms approved by the commissioner, containing information the commissioner deems necessary. Every application for a license shall be accompanied by copies of the following documents:    A certified copy of its charter or certificate of incorporation; or   A copy of its bylaws certified by the secretary and the president of the corporation;     Proposed contract between the corporation and the participating dentists showing the terms under which dental care services are to be furnished to subscribers;   Subscription contracts to be issued to subscribers showing a table of the rates to be charged and the benefits to which they are entitled;   A statement of the county or counties in which the corporation proposes to operate dental service plans;   A statement of its financial condition and business in the form and detail the commissioner may require, including amounts of contributions paid for working capital and the name or names of each contributor, and the terms of the contributions, signed and sworn to by the president and secretary, and shall pay for filing of the statement the sum of twenty-five dollars ($25.00);   A copy of its proposed prospectus and advertising material to be used in solicitation of contracts; and   Proof satisfactory to the commissioner that, in the county or counties in which the corporation proposes to operate, at least fifty-one percent (51%) of the resident dentists in the county or counties have agreed to become participating dentists of the corporation immediately upon the issuance of a license to it by the commissioner or, in the alternative, that at least twenty-five percent (25%) of the dentists duly licensed to practice in this state under title 63, chapter 5, have agreed to become participating dentists of the corporation immediately upon the issuance of a license to it by the commissioner.
TN Code § 56-30-113 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 30 - Dental Service Plan Law, 1961|§ 56-30-113. Investment of Funds

 The funds of the dental service corporations subject to this chapter shall be invested only in securities permitted by the laws of this state for the investment of assets of life insurance companies.
TN Code § 56-30-114 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 30 - Dental Service Plan Law, 1961|§ 56-30-114. Limitation of Expenses

 All acquisition and administrative expenses incurred in connection with the dental service corporation shall at all times be limited to a percentage of its total net premiums as set and approved by the commissioner.
TN Code § 56-30-115 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 30 - Dental Service Plan Law, 1961|§ 56-30-115. Purchase of Liability Insurance Authorized

 A dental service plan corporation is authorized to purchase a contract of insurance protecting the corporation or any officer or employee of the corporation, or any dentist from liability for injuries resulting from negligence, misfeasance, malfeasance, nonfeasance or health care liability on the part of any officer or employee of the corporation, or on the part of any dentist in the course of rendering dental services to beneficiaries.
TN Code § 56-30-116 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 30 - Dental Service Plan Law, 1961|§ 56-30-116. Financial and Statistical Records

 Every dental service plan corporation shall maintain adequate financial and statistical records in reasonable uniformity with accounting plans and statistical requirements of the annual statement blank required by the commissioner.
TN Code § 56-30-117 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 30 - Dental Service Plan Law, 1961|§ 56-30-117. Annual Statement — Form — Filing Fee

 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).
TN Code § 56-30-118 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 30 - Dental Service Plan Law, 1961|§ 56-30-118. Examination — Rehabilitation or Liquidation

 The commissioner has the same authority to examine the dental service plan corporations as is granted to the commissioner for the examination of life and accident and health insurance companies, and has the same authority for the correction, rehabilitation or liquidation of the dental service plan corporations as is now provided by law for life and health and accident companies.
TN Code § 56-30-119 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 30 - Dental Service Plan Law, 1961|§ 56-30-119. Fees and Taxes

 Every dental service plan corporation or its agents, subject to this chapter, shall be subject to the fees and taxes as prescribed for life and health and accident insurance companies and agents of the companies doing business in this state. It is not the purpose of this chapter to discriminate in favor of dental service plan corporations.
TN Code § 56-30-120 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 30 - Dental Service Plan Law, 1961|§ 56-30-120. License Renewal — Agents' Certificate of Authority

 All licenses authorizing dental 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. Any dental service plan 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 dental service plan contracts for the 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 life and health and accident insurance agents.