reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 7 - RISK-BASED CAPITAL LEVEL REQUIREMENTS (§§ 83-5-401 — 83-5-427) › Section 83-5-419 - Filing of RBC report or plan by foreign insurer

(1)
Any foreign insurer, upon the written request of the commissioner, shall submit to the commissioner a RBC report as of the end of the calendar year just ended the later of:
(a)
The date a RBC report would be required to be filed by a domestic insurer under Sections
83-5-401
through
83-5-427
; or
(b)
Fifteen (15) days after the request is received by the foreign insurer.
Any foreign insurer shall, at the written request of the commissioner, promptly submit to the commissioner a copy of any RBC plan that is filed with the insurance commissioner of any other state.
(2)
In the event of a company action level event, regulatory action level event or authorized control level event with respect to any foreign insurer as determined under the RBC statute applicable in the state of domicile of the insurer, or, if no RBC statute is in force in that state, under the provisions of Sections
83-5-401
through
83-5-427
, if the insurance commissioner of the state of domicile of the foreign insurer fails to require the foreign insurer to file a RBC plan in the manner specified under that state's RBC statute, or if no RBC statute is in force in that state, under Section
83-5-405
, the commissioner may require the foreign insurer to file a RBC plan with the commissioner. In such event, the failure of the foreign insurer to file a RBC plan with the commissioner shall be grounds to order the insurer to cease writing new insurance business in this state.
(3)
In the event of a mandatory control level event with respect to any foreign insurer, if no domiciliary receiver has been appointed with respect to the foreign insurer under the rehabilitation and liquidation statute applicable in the state of domicile of the foreign insurer, the commissioner may make application to the court as permitted under Section
83-24-1
et seq., with respect to the liquidation of property of foreign insurers found in this state, and the occurrence of the mandatory control level event shall be considered adequate grounds for the application.
Laws, 1996, ch. 478, § 10, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 7 - RISK-BASED CAPITAL LEVEL REQUIREMENTS (§§ 83-5-401 — 83-5-427) › Section 83-5-421 - Liability of commissioner, department, employees or agents

There shall be no liability on the part of, and no cause of action shall arise against, the commissioner or the insurance department or its employees or agents for any action taken by them in the performance of their powers and duties under Sections
83-5-401
through
83-5-427
.
Laws, 1996, ch. 478, § 11, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 7 - RISK-BASED CAPITAL LEVEL REQUIREMENTS (§§ 83-5-401 — 83-5-427) › Section 83-5-423 - Severability of provisions

If any provision of Sections
83-5-401
through
83-5-427
, or the application thereof to any person or circumstance, is held invalid, such determination shall not affect the provisions or applications of Sections
83-5-401
through
83-5-427
which can be given effect without the invalid provision or application, and to that end the provisions of Sections
83-5-401
through
83-5-427
are severable.
Laws, 1996, ch. 478, § 12, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 7 - RISK-BASED CAPITAL LEVEL REQUIREMENTS (§§ 83-5-401 — 83-5-427) › Section 83-5-425 - Effective date of notices

All notices by the commissioner to an insurer which may result in regulatory action hereunder shall be effective upon dispatch if transmitted by registered or certified mail, or in the case of any other transmissions shall be effective upon the insurer's receipt of such notice.
Laws, 1996, ch. 478, § 13, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 8 - PROPERTY AND CASUALTY ACTUARIAL OPINION ACT (§§ 83-5-501 — 83-5-507) › Section 83-5-501 - Title

Sections
83-5-501
through
83-5-505
shall be known as the "Property and Casualty Actuarial Opinion Act."
Laws, 2009, ch. 441, § 1; reenacted without change, Laws, 2012, ch. 306, § 1, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 8 - PROPERTY AND CASUALTY ACTUARIAL OPINION ACT (§§ 83-5-501 — 83-5-507) › Section 83-5-503 - Actuarial opinion of reserves and supporting documentation

(1)
Statement of Actuarial Opinion.
Every property and casualty insurance company doing business in this state, unless otherwise exempted by the domiciliary commissioner, shall annually submit the opinion of an appointed actuary entitled "Statement of Actuarial Opinion." This opinion shall be filed in accordance with the appropriate National Association of Insurance Commissioners (NAIC) Property and Casualty Annual Statement Instructions.
(2)
(a)
Actuarial Opinion Summary.
Every property and casualty insurance company domiciled in this state that is required to submit a Statement of Actuarial Opinion shall annually submit an Actuarial Opinion Summary, written by the company's appointed actuary. This Actuarial Opinion Summary shall be filed in accordance with the appropriate NAIC Property and Casualty Annual Statement Instructions and shall be considered as a document supporting the actuarial opinion required in subsection (1).
(b)
A company licensed but not domiciled in this state shall provide the Actuarial Opinion Summary upon request.
(3)
(a)
Actuarial report and workpapers.
An actuarial report and underlying workpapers as required by the appropriate NAIC Property and Casualty Annual Statement Instructions shall be prepared to support each actuarial opinion.
(b)
If the insurance company fails to provide a supporting actuarial report and/or workpapers at the request of the commissioner or the commissioner determines that the supporting actuarial report or workpapers provided by the insurance company is otherwise unacceptable to the commissioner, the commissioner may engage a qualified actuary at the expense of the company to review the opinion and the basis for the opinion and prepare the supporting actuarial report or workpapers.
(4)
The appointed actuary shall not be liable for damages to any person, other than the insurance company and the commissioner, for any act, error, omission, decision or conduct with respect to the actuary's opinion, except in cases of fraud or willful misconduct on the part of the appointed actuary.
Laws, 2009, ch. 441, § 2; reenacted without change, Laws, 2012, ch. 306, § 2, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 8 - PROPERTY AND CASUALTY ACTUARIAL OPINION ACT (§§ 83-5-501 — 83-5-507) › Section 83-5-507 - [Repealed]

Repealed by Laws of 2012, ch. 306, § 4, effective 7/1/2012. §
83-5-507
. [ Laws, 2009, ch. 441, § 4, eff from and after1/1/2010].
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 9 - PROVIDER-SPONSORED HEALTH PLANS (§§ 83-5-601 — 83-5-607) › Section 83-5-601 - Legislative findings and intent

(1)
In order to encourage and facilitate collaboration between Mississippi Medicaid providers and managed care entities contracting on a capitated basis with the Division of Medicaid pursuant to Section
43-13-117(H)
, to align incentives in support of integrated and coordinated health care delivery, and to encourage the development of appropriate population or community health strategies to better serve Medicaid beneficiaries and the state's health care delivery system as a whole, the Legislature hereby authorizes and encourages the creation of provider-sponsored health plans as defined in Section
83-5-603
.
(2)
Whereas, for the reasons stated in subsection (1), the authorization and development of provider-sponsored health plans as defined in Section
83-5-603
are vital to the continued delivery and improvement of health care in this state and otherwise in the best interests of the state and its citizens, and notwithstanding any other provision of law to the contrary, a provider-sponsored health plan, and its owners, officers, directors, committee members, agents, representatives, and employees, when performing the functions authorized by this article, in carrying out the terms of any contract with or program of the Division of Medicaid, and in collaborating and communicating with hospitals, physicians, and other providers for such purposes, shall be considered to be acting pursuant to clearly expressed state policy as established in this article under the supervision of the State of Mississippi and shall be immune from liability under state or federal antitrust laws while so acting.
Added by Laws, 2015, ch. 446, § 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 9 - PROVIDER-SPONSORED HEALTH PLANS (§§ 83-5-601 — 83-5-607) › Section 83-5-603 - Provider-Sponsored Health Plan defined

As used in this article, "Provider-Sponsored Health Plan" means a Mississippi not-for-profit corporation formed for the purposes of operating a not-for-profit health plan or managed care entity, with its principal place of business within the State of Mississippi, and which is owned and governed exclusively by (a) not-for-profit Mississippi hospital or physician industry or trade association in which the majority of the hospitals or physicians within the state are members, or (b) a combination of (i) not-for-profit Mississippi hospital or physician industry or trade associations that represent a majority of the hospitals or physicians within the state, and (ii) licensed Mississippi hospitals or physicians who participate in the Mississippi Medicaid Program. At least one (1) purpose of the provider-sponsored health plan shall be to contract with the Division of Medicaid to provide managed care services on a capitated basis pursuant to Section
43-13-117(H)
. To qualify as a provider-sponsored health plan under this section, the entity must further meet the requirements of Section
83-5-607
.
Added by Laws, 2015, ch. 446, § 2, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 9 - PROVIDER-SPONSORED HEALTH PLANS (§§ 83-5-601 — 83-5-607) › Section 83-5-605 - Providers of provider-sponsored health plans must meet certain requirements before offering or providing services

Before offering or providing services to persons residing in this state, the Department of Insurance shall certify that any entity applying to operate in this state as a provider-sponsored health plan meets the definition provided in Section
83-5-603
and has been licensed as either a health maintenance organization pursuant to Section
83-41-1
et seq., or as an insurance company pursuant to Section
83-19-1
et seq. Provider-sponsored health plans shall comply with the requirement for health maintenance organizations as established by the department pursuant to Section
83-41-1
et seq., or an insurance company pursuant to Section
83-19-1
et seq.
Added by Laws, 2015, ch. 446, § 3, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 9 - PROVIDER-SPONSORED HEALTH PLANS (§§ 83-5-601 — 83-5-607) › Section 83-5-607 - Requirements of provider-sponsored health plans

Provider-sponsored health plans shall:
(a)
Demonstrate ownership or substantial representation in governance and operations by licensed Mississippi hospitals and physicians that participate in the Mississippi Medicaid Program. Notwithstanding any other provision of law to the contrary, for the purpose of meeting this requirement, hospitals owned by the state and hospitals owned by local governmental entities are authorized to provide funds for the establishment and operation of provider-sponsored health plans, provided the hospital governing body first determines that such participation is in the best interest of the hospital and the communities it serves;
(b)
Satisfy the minimum financial and reserve requirements to be established by the Department of Insurance;
(c)
Meet all contractual requirements for contracting with the Division of Medicaid to provide managed care or coordinated care services to Medicaid recipients pursuant to Section
43-13-117(H)
. Compliance with this requirement shall be determined and supervised by the Division of Medicaid. Nothing in this article shall be construed as giving the Department of Insurance responsibility or authority for the operation of the State Medicaid Program; and
(d)
Such other requirements as may be established by valid regulation of the Department of Insurance.
Added by Laws, 2015, ch. 446, § 4, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 10 - CORPORATE GOVERNANCE ANNUAL DISCLOSURES (§§ 83-5-701 — 83-5-717) › Section 83-5-701 - Purpose; relation to other laws; applicability

(1)
The purpose of this article is to:
(a)
Provide the Commissioner of Insurance a summary of an insurer or insurance group's corporate governance structure, policies and practices to permit the commissioner to gain and maintain an understanding of the insurer's corporate governance framework.
(b)
Outline the requirements for completing a corporate governance annual disclosure with the Commissioner of Insurance.
(c)
Provide for the confidential treatment of the corporate governance annual disclosure and related information that will contain confidential and sensitive information related to an insurer or insurance group's internal operations and proprietary and trade secret information which, if made public, could potentially cause the insurer or insurance group competitive harm or disadvantage.
(2)
Nothing in this article shall be construed to prescribe or impose corporate governance standards and internal procedures beyond that which is required under applicable state corporate law. Notwithstanding the foregoing, nothing in this article shall be construed to limit the commissioner's authority, or the rights or obligations of third parties, under Section
83-5-201
.
(3)
The requirements of this article shall apply to all insurers domiciled in this state.
Added by Laws, 2019, ch. 343, HB 324,§ 1, eff. 1/1/2020.
Effective date and filings
- Section 10 of Laws, 2019, ch. 343, HB 324 provides: "This act shall take effect and be in force from and after January 1, 2020. The first filing of the CGAD shall be in 2020."
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 10 - CORPORATE GOVERNANCE ANNUAL DISCLOSURES (§§ 83-5-701 — 83-5-717) › Section 83-5-703 - Definitions

As used in this article, unless the context requires otherwise:
(a)
"Commissioner" means the Commissioner of Insurance of the State of Mississippi.
(b)
"Corporate Governance Annual Disclosure (CGAD)" means a confidential report filed by the insurer or insurance group made in accordance with the requirements of this article.
(c)
"Insurance group" means those insurers and affiliates included within an insurance holding company system as defined in Section
83-6-1
et seq.
(d)
"Insurer" shall have the same meaning as set forth in Section
83-6-1(e)
, except that it shall not include agencies, authorities or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state.
(e)
"NAIC" means the National Association of Insurance Commissioners.
(f)
"ORSA Summary Report" means the report filed in accordance with Section
83-85-1
et seq.
Added by Laws, 2019, ch. 343, HB 324,§ 2, eff. 1/1/2020.
Effective date and filings
- Section 10 of Laws, 2019, ch. 343, HB 324 provides: "This act shall take effect and be in force from and after January 1, 2020. The first filing of the CGAD shall be in 2020."
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 10 - CORPORATE GOVERNANCE ANNUAL DISCLOSURES (§§ 83-5-701 — 83-5-717) › Section 83-5-707 - Promulgation of rules, regulations and orders

The commissioner may, upon notice and opportunity for all interested persons to be heard, issue such rules, regulations and orders as shall be necessary to carry out the provisions of this article.
Added by Laws, 2019, ch. 343, HB 324,§ 4, eff. 1/1/2020.
Effective date and filings
- Section 10 of Laws, 2019, ch. 343, HB 324 provides: "This act shall take effect and be in force from and after January 1, 2020. The first filing of the CGAD shall be in 2020."
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 10 - CORPORATE GOVERNANCE ANNUAL DISCLOSURES (§§ 83-5-701 — 83-5-717) › Section 83-5-709 - Contents of corporate governance annual disclosure

(1)
The insurer or insurance group shall have discretion over the responses to the CGAD inquiries, provided the CGAD shall contain the material information necessary to permit the commissioner to gain an understanding of the insurer's or group's corporate governance structure, policies and practices. The commissioner may request additional information that he or she deems material and necessary to provide the commissioner with a clear understanding of the corporate governance policies, the reporting or information system or controls implementing those policies.
(2)
Notwithstanding subsection (1) of this section, the CGAD shall be prepared consistent with the NAIC Corporate Governance Annual Disclosure Model Regulation, as which may be adopted and amended. Documentation and supporting information shall be maintained and made available upon examination or upon request of the commissioner.
Added by Laws, 2019, ch. 343, HB 324,§ 5, eff. 1/1/2020.
Effective date and filings
- Section 10 of Laws, 2019, ch. 343, HB 324 provides: "This act shall take effect and be in force from and after January 1, 2020. The first filing of the CGAD shall be in 2020."
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 10 - CORPORATE GOVERNANCE ANNUAL DISCLOSURES (§§ 83-5-701 — 83-5-717) › Section 83-5-715 - Penalties for failure to file

Any insurer failing, without just cause, to timely file the CGAD as required in this article shall be required, after notice and hearing, to pay a penalty of One Hundred Dollars ($100.00) for each day's delay, to be recovered by the commissioner and the penalty so recovered shall be paid into the State General Fund. The maximum penalty under this section is Ten Thousand Dollars ($10,000.00). The commissioner may reduce the penalty if the insurer demonstrates to the commissioner that the imposition of the penalty would constitute a financial hardship to the insurer.
Added by Laws, 2019, ch. 343, HB 324,§ 8, eff. 1/1/2020.
Effective date and filings
- Section 10 of Laws, 2019, ch. 343, HB 324 provides: "This act shall take effect and be in force from and after January 1, 2020. The first filing of the CGAD shall be in 2020."
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 10 - CORPORATE GOVERNANCE ANNUAL DISCLOSURES (§§ 83-5-701 — 83-5-717) › Section 83-5-717 - Severability

If any provision of this article, other than Section
83-5-711
, or the application thereof to any person or circumstance, is held invalid, such determination shall not affect the provisions or applications of this article which can be given effect without the invalid provision or application, and to that end the provisions of this article, with the exception of Section
83-5-711
, are severable.
Added by Laws, 2019, ch. 343, HB 324,§ 9, eff. 1/1/2020.
Effective date and filings
- Section 10 of Laws, 2019, ch. 343, HB 324 provides: "This act shall take effect and be in force from and after January 1, 2020. The first filing of the CGAD shall be in 2020."
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 11 - INSURANCE DATA SECURITY LAW (§§ 83-5-801 — 83-5-825) › Section 83-5-801 - Short title

This article shall be known and may be cited as the "Insurance Data Security Law."
Added by Laws, 2019, ch. 448, SB 2831,§ 1, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 11 - INSURANCE DATA SECURITY LAW (§§ 83-5-801 — 83-5-825) › Section 83-5-803 - Article establishes exclusive state standards for data security, investigation of cybersecurity event, and notification to Commissioner of Insurance

(1)
Notwithstanding any other provision of law, this article establishes the exclusive state standards applicable to licensees for data security, the investigation of a cybersecurity event as defined in Section
83-5-805
, and notification to the Commissioner of Insurance.
(2)
This article may not be construed to create or imply a private cause of action for violation of its provisions nor may it be construed to curtail a private cause of action which would otherwise exist in the absence of this article.
Added by Laws, 2019, ch. 448, SB 2831,§ 2, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 11 - INSURANCE DATA SECURITY LAW (§§ 83-5-801 — 83-5-825) › Section 83-5-809 - Investigation of cybersecurity event

(1)
If the licensee learns that a cybersecurity event has or may have occurred, then the licensee, or an outside vendor and/or service provider designated to act on behalf of the licensee, shall conduct a prompt investigation.
(2)
During the investigation, the licensee, or an outside vendor and/or service provider designated to act on behalf of the licensee, shall, at a minimum, determine as much of the following information as possible:
(a)
Determine whether a cybersecurity event has occurred;
(b)
Assess the nature and scope of the cybersecurity event;
(c)
Identify any nonpublic information that may have been involved in the cybersecurity event; and
(d)
Perform or oversee reasonable measures to restore the security of the information systems compromised in the cybersecurity event in order to prevent further unauthorized acquisition, release or use of nonpublic information in the licensee's possession, custody or control.
(3)
If the licensee learns that a cybersecurity event has or may have occurred in a system maintained by a third-party service provider, the licensee will complete the steps listed in subsection (2) of this section or confirm and document that the third-party service provider has completed those steps.
(4)
The licensee shall maintain records concerning all cybersecurity events for a period of at least five (5) years from the date of the cybersecurity event and shall produce those records upon demand of the commissioner.
Added by Laws, 2019, ch. 448, SB 2831,§ 5, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 11 - INSURANCE DATA SECURITY LAW (§§ 83-5-801 — 83-5-825) › Section 83-5-813 - Power of commissioner to investigate licensee and enforce provisions of this article

(1)
The commissioner shall have power to examine and investigate into the affairs of any licensee to determine whether the licensee has been or is engaged in any conduct in violation of this article. This power is in addition to the powers which the commissioner has under Section
83-5-201
et seq. Any such investigation or examination shall be conducted pursuant to Section
83-5-201
et seq.
(2)
Whenever the commissioner has reason to believe that a licensee has been or is engaged in conduct in this state which violates this article, the commissioner may take action that is necessary or appropriate to enforce the provisions of this article.
Added by Laws, 2019, ch. 448, SB 2831,§ 7, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 11 - INSURANCE DATA SECURITY LAW (§§ 83-5-801 — 83-5-825) › Section 83-5-817 - Exemptions

(1)
The following exceptions shall apply to this article:
(a)
A licensee meeting any of the following criteria is exempt from Sections
83-5-807
,
83-5-809(3)
and
83-5-811(4)(a) and (b)
:
(i)
Fewer than fifty (50) employees, excluding any independent contractors;
(ii)
Less than Five Million Dollars ($5,000,000.00) in gross annual revenue;
(iii)
Less than Ten Million Dollars ($10,000,000.00) in year-end total assets; or
(iv)
Insurance producers and adjusters.
(b)
A licensee subject to Public Law 104-191, 110 Stat. 1936, enacted August 21, 1996, (Health Insurance Portability and Accountability Act) that has established and maintains an information security program pursuant to such statutes, rules, regulations, procedures or guidelines established thereunder, will be considered to meet the requirements of Section
83-5-807
, provided that the licensee is compliant with, and submits a written statement certifying its compliance with, the same.
(c)
An employee, agent, representative or designee of a licensee, who is also a licensee, is exempt from Section
83-5-807
and need not develop its own information security program to the extent that the employee, agent, representative or designee is covered by the information security program of the other licensee.
(d)
A licensee affiliated with a depository institution that maintains an information security program in compliance with the
Interagency Guidelines Establishing Standards for Safeguarding Customer Information
as set forth pursuant to Sections 501 and 505 of the Gramm-Leach-Bliley Act (
15 U.S.C. 6801
and
6805
) shall be considered to meet the requirements of Section
83-5-807
, provided that the licensee produces, upon request, documentation satisfactory to the commissioner that independently validates the affiliated depository institution's adoption of an information security program that satisfies the Interagency Guidelines.
(2)
In the event that a licensee ceases to qualify for an exception, such licensee shall have one hundred eighty (180) days to comply with this article.
Added by Laws, 2019, ch. 448, SB 2831,§ 9, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 11 - INSURANCE DATA SECURITY LAW (§§ 83-5-801 — 83-5-825) › Section 83-5-819 - Penalties for violation of article

In the case of a violation of this article, a licensee may be penalized in accordance with Section
83-5-85
.
Added by Laws, 2019, ch. 448, SB 2831,§ 10, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 11 - INSURANCE DATA SECURITY LAW (§§ 83-5-801 — 83-5-825) › Section 83-5-821 - Regulations

The commissioner may issue such regulations as shall be necessary to carry out the provisions of this article.
Added by Laws, 2019, ch. 448, SB 2831,§ 11, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 11 - INSURANCE DATA SECURITY LAW (§§ 83-5-801 — 83-5-825) › Section 83-5-823 - Severability

If any provisions of this article or the application thereof to any person or circumstance is for any reason held to be invalid, the remainder of the article and the application of such provision to other persons or circumstances shall not be affected thereby.
Added by Laws, 2019, ch. 448, SB 2831,§ 11, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 11 - INSURANCE DATA SECURITY LAW (§§ 83-5-801 — 83-5-825) › Section 83-5-825 - Implementation of Section 83-5-807 and Section 83-5-807 (6)

Licensees shall have one (1) year from July 1, 2019, to implement Section
83-5-807
and two (2) years from July 1, 2019 to implement Section
83-5-807(6)
.
Added by Laws, 2019, ch. 448, SB 2831,§ 12, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 13 - MISSISSIPPI INSURANCE E-COMMERCE MODEL ACT (§§ 83-5-851 — 83-5-877) › Section 83-5-851 - Short title

This article shall be known as the "Mississippi Insurance E-Commerce Model Act."
Added by Laws, 2022, ch. 374, HB 1187,§ 1, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 13 - MISSISSIPPI INSURANCE E-COMMERCE MODEL ACT (§§ 83-5-851 — 83-5-877) › Section 83-5-853 - Purpose

The purpose of this article is to provide consumers more choice, convenience and flexibility in managing their insurance.
Added by Laws, 2022, ch. 374, HB 1187,§ 2, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 13 - MISSISSIPPI INSURANCE E-COMMERCE MODEL ACT (§§ 83-5-851 — 83-5-877) › Section 83-5-855 - Definitions

As used in this article, the following definitions apply:
(a)
"Delivered by electronic means" means either of the following:
(i)
Delivery to an electronic mail address at which a party has consented to receive notices or documents; or
(ii)
Posting on an electronic network or site accessible via the Internet, mobile application, computer, mobile device, tablet, or any other electronic device, together with separate notice of the posting provided by electronic mail to the address at which the party has consented to receive notice or by any other delivery method that has been consented to by the party. The separate notice of the posting shall contain the Internet address at which the documents are posted. For purposes of this subsection, delivery shall be effective upon the latter of the posting or the actual delivery of the separate notice of the posting.
(b)
"Party" means any recipient of any notice or document required as part of an insurance transaction, including, but not limited to, an applicant, an insured, a policyholder, or an annuity contract holder.
Added by Laws, 2022, ch. 374, HB 1187,§ 3, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 13 - MISSISSIPPI INSURANCE E-COMMERCE MODEL ACT (§§ 83-5-851 — 83-5-877) › Section 83-5-857 - Delivery, storage or presentation of notice or other documents required by law in insurance transactions or serving as evidence of insurance coverage by electronic means; consent of party to electronic delivery

(1)
Subject to the requirements of this section, any notice to a party or any other document required by law in an insurance transaction or that is to serve as evidence of insurance coverage may be delivered, stored, and presented by electronic means if the electronic means meet the requirements of applicable state technology law.
(2)
Delivery of a notice or document in accordance with this section shall be considered equivalent to and have the same effect as any delivery method required by law, including delivery by first class mail, first class mail with postage prepaid, certified mail, certificate of mail, or certificate of mailing.
(3)
A notice or document may be delivered by electronic means by an insurer to a party pursuant to this section if all of the following apply:
(a)
The party has affirmatively consented electronically, or confirmed consent electronically, in a manner that reasonably demonstrates that the party can access information in the electronic form that will be used for notices or documents delivered by electronic means to which the party has given consent, and the party has not withdrawn the consent.
(b)
The party, before giving consent, is provided with a clear and conspicuous statement informing the party of all of the following:
(i)
The hardware and software requirements for access to and retention of a notice or document delivered by electronic means.
(ii)
The types of notices and documents to which the party's consent would apply.
(iii)
The right of the party to withdraw consent to have a notice or document delivered by electronic means, at any time, and any conditions or consequences imposed in the event consent is withdrawn.
(iv)
The procedures a party must follow to withdraw consent, which can be no more burdensome than providing consent, to have a notice or document delivered by electronic means and to update the party's electronic mail address.
(v)
The right of a party to have any notice or document delivered, upon request, in paper form.
(4)
An insurer shall take all measures reasonably calculated to ensure that delivery by electronic means pursuant to this section results in receipt of the notice or document by the party.
Added by Laws, 2022, ch. 374, HB 1187,§ 4, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 13 - MISSISSIPPI INSURANCE E-COMMERCE MODEL ACT (§§ 83-5-851 — 83-5-877) › Section 83-5-859 - Notice to party of changes in hardware or software requirements for access to notices or documents delivered electronically

After the consent of a party is given, in the event a change in the hardware or software requirements needed to access or retain a notice or document to be delivered by electronic means creates a material risk that the party will not be able to access or retain the notice or document to which the consent applies, the insurer shall not deliver a notice or document to the party by electronic means unless the insurer complies with Section
83-5-857
and provides the party with a statement that describes all of the following:
(a)
The revised hardware and software requirements for access to and retention of a notice or document delivered by electronic means.
(b)
The right of the party to withdraw consent without the imposition of any condition or consequence that was not disclosed at the time of initial consent.
Added by Laws, 2022, ch. 374, HB 1187,§ 5, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 13 - MISSISSIPPI INSURANCE E-COMMERCE MODEL ACT (§§ 83-5-851 — 83-5-877) › Section 83-5-861 - Relation of section to other law; confirmation of receipt of notice or document delivered electronically; applicability of article

(1)
The provisions of this section shall not be construed to affect requirements related to content or timing of any notice or document required by any other provision of law.
(2)
If a provision of this title or other applicable law requiring a notice or document to be provided to a party expressly requires confirmation of receipt of the notice or document, the notice or document may be delivered by electronic means only if the method used provides for confirmation of receipt by the recipient.
(3)
This article shall not apply to a notice or document delivered by an insurer in an electronic form before July 1, 2022, to a party who, before that date, has consented to receive the notice or document in an electronic form otherwise allowed by law.
Added by Laws, 2022, ch. 374, HB 1187,§ 6, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 13 - MISSISSIPPI INSURANCE E-COMMERCE MODEL ACT (§§ 83-5-851 — 83-5-877) › Section 83-5-863 - Effect of insurer's failure to obtain electronic consent or confirmation of consent on effectiveness, validity or enforceability of contract or policy

The legal effectiveness, validity or enforceability of any contract or policy of insurance executed by a party shall not be denied solely because of the failure of the insurer to obtain electronic consent or confirmation of consent of the party in accordance with the provisions of this article if the notice or document is delivered in paper form.
Added by Laws, 2022, ch. 374, HB 1187,§ 7, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 13 - MISSISSIPPI INSURANCE E-COMMERCE MODEL ACT (§§ 83-5-851 — 83-5-877) › Section 83-5-865 - Withdrawal of consent to receive electronic notices or documents

(1)
A withdrawal of consent by a party shall not affect the legal effectiveness, validity or enforceability of a notice or document delivered by electronic means to the party before the withdrawal of consent is effective.
(2)
A withdrawal of consent by a party shall be effective within a reasonable period of time after receipt of the withdrawal by the insurer.
(3)
Failure by an insurer to comply with any provision of Section
83-5-857
or
83-5-859
may be treated, at the election of the party, as a withdrawal of consent for purposes of this article.
Added by Laws, 2022, ch. 374, HB 1187,§ 8, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 13 - MISSISSIPPI INSURANCE E-COMMERCE MODEL ACT (§§ 83-5-851 — 83-5-877) › Section 83-5-867 - Notice requirement if consent of party to receive notices or documents electronically was on file before July 1, 2022

If the consent of a party to receive certain notices or documents in an electronic form is on file with an insurer before July 1, 2022, and an insurer intends to deliver additional notices or documents to the party in an electronic form pursuant to this article, then prior to delivering the additional notices or documents electronically, the insurer shall comply with the provisions of Section
83-5-857
and shall provide the party with a statement that describes both of the following:
(a)
The notices or documents that shall be delivered by electronic means that were not previously delivered electronically.
(b)
The party's right to withdraw consent to have notices or documents delivered by electronic means, without the imposition of any condition or consequence that was not disclosed at the time of initial consent.
Added by Laws, 2022, ch. 374, HB 1187,§ 9, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 13 - MISSISSIPPI INSURANCE E-COMMERCE MODEL ACT (§§ 83-5-851 — 83-5-877) › Section 83-5-869 - Conditions under which insurer shall deliver notice or document by means other than electronic delivery

An insurer shall deliver a notice or document by any other delivery method permitted by law other than electronic means if either of the following occurs:
(a)
The insurer attempts to deliver the notice or document by electronic means and has a reasonable basis for believing that the notice or document has not been received by the party.
(b)
The insurer becomes aware that the electronic mail address provided by the party is no longer valid. The insured's consent to electronic delivery shall not preclude the insurer from delivering a notice or document by any other delivery method permitted by law.
Added by Laws, 2022, ch. 374, HB 1187,§ 10, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 13 - MISSISSIPPI INSURANCE E-COMMERCE MODEL ACT (§§ 83-5-851 — 83-5-877) › Section 83-5-871 - Immunity of insurance producers from civil liability

An insurance producer shall not be subject to civil liability for any harm or injury that occurs because of a party's election to receive any notice or document by electronic means or by an insurer's failure to deliver or a party's failure to receive a notice or document by electronic means.
Added by Laws, 2022, ch. 374, HB 1187,§ 11, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 13 - MISSISSIPPI INSURANCE E-COMMERCE MODEL ACT (§§ 83-5-851 — 83-5-877) › Section 83-5-873 - Posting of certain insurance policies and endorsements on insurer's website under certain circumstances

(1)
An insurance policy and an endorsement that does not contain personally identifiable information may be mailed, delivered, or, if the insurer obtains separate, specific consent, posted on the insurer's website. If the insurer elects to post an insurance policy and an endorsement on the insurer's website in lieu of mailing or delivering the policy and endorsement to the insured, the insurer shall comply with the following conditions:
(a)
The policy and an endorsement must be accessible to the owner or insured and producer of record and remain that way while the policy is in force;
(b)
After the expiration of the policy, the insurer shall either:
(i)
Make the expired policy and endorsement available upon request, for a period of five (5) years; or
(ii)
If the insurer continues to make the expired policy or endorsement available on its website, keep the insured's user ID active for a period of five (5) years;
(c)
The policy and endorsement must be posted in a manner that enables the insured and producer of record to print and save the policy and endorsement using a program or application that is widely available on the Internet and free to use;
(d)
The insurer shall provide the following information in, or simultaneous with, each declaration page provided at the time of issuance of the initial policy and any renewals of the policy:
(i)
A description of the exact policy and endorsement form purchased by the insured;
(ii)
A description of the insured's right to receive, upon request and without charge, an electronic and/or a paper copy of the policy and endorsement; and
(iii)
The Internet address at which the policy and endorsement are posted;
(e)
The insurer, upon an insured's request and once without charge following receipt of the initial copy, shall mail a paper copy of the policy and endorsement to the insured; and
(f)
The insurer shall provide notice, either electronically or in writing at the insured's option, of any change to the forms or endorsement; the insured's right to obtain, upon request and once without charge following receipt of the initial copy, a paper copy of the forms or endorsement; and the Internet address at which the forms or endorsement are posted.
(2)
This section does not affect the timing or content of any disclosure or document required to be provided or made available to any insured under applicable law.
Added by Laws, 2022, ch. 374, HB 1187,§ 12, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 13 - MISSISSIPPI INSURANCE E-COMMERCE MODEL ACT (§§ 83-5-851 — 83-5-877) › Section 83-5-875 - Payment of claims brought by insureds, workers' compensation claimants or third parties against insurer

All claims brought by insureds, workers' compensation claimants, or third parties against an insurer shall be paid by check or draft of the insurer or, if offered by the insurer and the claimant consents, electronic transfer of funds to the order of the claimant to whom payment of the claim is due pursuant to the policy provisions, or her/his attorney, or upon direction of the claimant to one specified. However, when the employer has advanced the claims payment to the claimant, the check or draft shall be paid jointly to the claimant and the employer; or, if consented by all parties, the electronic payment shall be paid to the trust account. The check or draft shall be paid jointly until the amount of the advanced claims payment has been recovered by the employer. The electronic payment shall be held in trust until the amount of the advanced claims payment has been recovered by the employer.
Added by Laws, 2022, ch. 374, HB 1187,§ 13, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 13 - MISSISSIPPI INSURANCE E-COMMERCE MODEL ACT (§§ 83-5-851 — 83-5-877) › Section 83-5-877 - Adoption of rules to implement provisions of article

The Commissioner of Insurance may adopt rules to implement the provisions of this article.
Added by Laws, 2022, ch. 374, HB 1187,§ 14, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 6 - REGISTRATION AND EXAMINATION OF INSURERS (§§ 83-6-1 — 83-6-47) › Section 83-6-3 - Insurers required to register; time for registration; data may be required of other insurers

Every insurer which is authorized to do business in this state and which is a member of an insurance holding company system, except a foreign insurer subject to disclosure requirements and standards adopted by statute or regulation in the jurisdiction of its domicile which are substantially similar to those contained in Sections
83-6-3
through
83-6-19
, is required to register with the commissioner. Any insurer which is subject to registration under Sections
83-6-3
through
83-6-19
is required to register within sixty (60) days after July 1, 1974, or fifteen (15) days after it becomes subject to registration, whichever is later, unless the commissioner for good cause shown extends the time for registration, and then within such extended time. The commissioner may require any authorized insurer which is a member of a holding company system which is not subject to registration under Sections
83-6-3
through
83-6-19
to furnish a copy of the registration statement or other information filed by such insurer with the insurance regulatory authority of its domiciliary jurisdiction.
Laws, 1974, ch. 366, § 267, eff. 7/1/1974.