reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 59 - BUSINESS TRANSACTED WITH PRODUCER CONTROLLED INSURER ACT (§§ 83-59-1 — 83-59-11) › Section 83-59-3 - Definitions

As used in this chapter:
(a)
"Accredited state" means a state in which the insurance department or regulatory agency has qualified as meeting the minimum financial regulatory standards promulgated and established from time to time by the National Association of Insurance Commissioners (NAIC).
(b)
"Commissioner" means the Commissioner of Insurance.
(c)
"Control" or "controlled" has the meaning ascribed in Section
83-6-1
.
(d)
"Controlled insurer" means a licensed insurer which is controlled, directly or indirectly, by a producer.
(e)
"Controlling producer" means a producer who, directly or indirectly, controls an insurer.
(f)
"Licensed insurer" or "insurer" means any person, firm, association or corporation duly licensed to transact a property/casualty insurance business in this state. The following, inter alia, are not licensed insurers for the purposes of this chapter:
(i)
All risk retention groups as defined in the Superfund Amendments Reauthorization Act of 1986, Public Law No. 99-499, 100 Stat. 1613 (1986) and the Risk Retention Act, 15 U.S.C.S. Section 3901 et seq. (1982 & Supp. 1986) and the State Risk Retention Act in Section
83-55-1
et seq.;
(ii)
All residual market pools and joint underwriting authorities or associations;
(iii)
All captive insurers that are insurance companies owned by another organization whose exclusive purpose is to insure risks of the parent organization and affiliated companies or, in the case of groups and associations, insurance organizations owned by the insureds whose exclusive purpose is to insure risks to member organizations and/or group members and their affiliates; and
(iv)
All insurers that are insurance companies owned by another organization whose property or casualty insurance policies are written only in conjunction with consumer loan contracts.
(g)
"Producer" means an insurance broker or brokers or any other person, firm, association or corporation when, for any compensation, commission or other thing of value, such person, firm, association or corporation acts or aids in any manner in soliciting, negotiating or procuring the making of any insurance contract on behalf of an insured other than the person, firm, association or corporation.
Laws, 1992, ch. 449, § 2, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 59 - BUSINESS TRANSACTED WITH PRODUCER CONTROLLED INSURER ACT (§§ 83-59-1 — 83-59-11) › Section 83-59-5 - Applicability to licensed insurers; effect of, and upon, other laws governing insurance holding companies

This chapter shall apply to licensed insurers as defined in Section
83-59-3
, either domiciled in this state or domiciled in a state that is not an accredited state having in effect a substantially similar law. All laws governing insurance holding companies to the extent they are not superseded by this chapter shall continue to apply to all parties within holding company systems subject to this chapter.
Laws, 1992, ch. 449, § 3, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 59 - BUSINESS TRANSACTED WITH PRODUCER CONTROLLED INSURER ACT (§§ 83-59-1 — 83-59-11) › Section 83-59-9 - Notification to insured of control relationship

The producer, before the effective date of the policy, shall deliver written notice to the prospective insured disclosing the relationship between the producer and the controller insurer; except that, if the business is placed through a subproducer who is not a controlling producer, the controlling producer shall retain in his records a signed commitment from the subproducer that the subproducer is aware of the relationship between the insurer and the producer and that the subproducer has or will notify the insured.
Laws, 1992, ch. 449, § 5, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 59 - BUSINESS TRANSACTED WITH PRODUCER CONTROLLED INSURER ACT (§§ 83-59-1 — 83-59-11) › Section 83-59-11 - Enforcement; noncompliance; penalties

(1)
(a)
If the commissioner believes that the controlling producer or any other person has not materially complied with this chapter, or any regulation or order promulgated hereunder, after notice and opportunity to be heard, the commissioner may order the controlling producer to cease placing business with the controlled insurer; and
(b)
If it was found that because of such material noncompliance that the controlled insurer or any policyholder thereof has suffered any loss or damage, the commissioner may maintain a civil action or intervene in an action brought by or on behalf of the insurer or policyholder for recovery of compensatory damages for the benefit of the insurer or policyholder or other appropriate relief.
(2)
If an order for liquidation or rehabilitation of the controlled insurer has been entered in accordance with the Insurers Rehabilitation and Liquidation Act in Section
83-24-1
et seq. and the receiver appointed under that order believes that the controlling producer or any other person has not materially complied with this chapter, or any regulation or order promulgated hereunder, and the insurer suffered any loss or damage therefrom, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the insurer.
(3)
Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided for in the insurance laws.
(4)
Nothing contained in this section is intended to or shall in any manner alter or affect the rights of policyholders, claimants, creditors or other third parties.
Laws, 1992, ch. 449, § 6, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 61 - VOLUNTARY BASIC HEALTH INSURANCE COVERAGE LAW (§§ 83-61-1 — 83-61-19) › Section 83-61-1 - Short title

This chapter shall be known and may be cited as the "Voluntary Basic Health Insurance Coverage Law."
Laws, 1992, ch. 578, § 1; reenacted without change, Laws, 1994, ch. 620, § 1, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 61 - VOLUNTARY BASIC HEALTH INSURANCE COVERAGE LAW (§§ 83-61-1 — 83-61-19) › Section 83-61-3 - Definitions

As used in this chapter the following words and phrases shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a)
"Carrier" means any insurance company, health maintenance association or hospital, medical or surgical services association that is authorized by the State of Mississippi to write accident and health insurance policies and contracts.
(b)
"Program" means the Voluntary Basic Health Insurance Coverage Program.
(c)
"Provider" means any provider of medical services as defined in the contract of insurance coverage.
(d)
"Approved carrier" means any insurance company, health maintenance association or hospital, medical or surgical services association that meets the criteria established by this chapter to participate in the Voluntary Basic Health Insurance Coverage Program.
Laws, 1992, ch. 578, § 2; reenacted without change, Laws, 1994, ch. 620, § 2, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 61 - VOLUNTARY BASIC HEALTH INSURANCE COVERAGE LAW (§§ 83-61-1 — 83-61-19) › Section 83-61-5 - Promulgation of rules and regulations

The Commissioner of Insurance is directed to promulgate rules and regulations to establish procedures for implementation of the provisions of this chapter and penalties for noncompliance.
Laws, 1992, ch. 578, § 3; reenacted without change, Laws, 1994, ch. 620, § 3, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 61 - VOLUNTARY BASIC HEALTH INSURANCE COVERAGE LAW (§§ 83-61-1 — 83-61-19) › Section 83-61-7 - Eligibility

(1)
To be eligible for insurance coverage under the program, an individual shall provide evidence to the approved carrier that he or she:
(a)
Is under sixty-five (65) years of age;
(b)
Is acceptable to the approved carrier; and
(c)
Has been without private health insurance coverage for the twelve (12) months immediately preceding application to the program, or that his or her family income does not exceed one hundred fifty percent (150%) of the federal poverty level.
(2)
No person who is covered under the program and terminates the coverage is again eligible for coverage unless twelve (12) months have elapsed since the person's latest termination.
Laws, 1992, ch. 578, § 4; reenacted without change, Laws, 1994, ch. 620, § 4, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 61 - VOLUNTARY BASIC HEALTH INSURANCE COVERAGE LAW (§§ 83-61-1 — 83-61-19) › Section 83-61-9 - Participation voluntary

Participation by carriers and providers in policy authorization by this chapter shall be voluntary.
Laws, 1992, ch. 578, § 5; reenacted without change, Laws, 1994, ch. 620, § 5, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 61 - VOLUNTARY BASIC HEALTH INSURANCE COVERAGE LAW (§§ 83-61-1 — 83-61-19) › Section 83-61-11 - Exemption from mandated benefits and premium tax

Contracts of insurance coverage offered by approved carriers that are approved by the Commissioner of Insurance shall be exempt from all state mandated benefits and from the premium tax required in Sections
27-15-103
and
27-15-109
.
Laws, 1992, ch. 578, § 6; reenacted without change, Laws, 1994, ch. 620, § 6, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 61 - VOLUNTARY BASIC HEALTH INSURANCE COVERAGE LAW (§§ 83-61-1 — 83-61-19) › Section 83-61-13 - Written disclosure by the carrier; written statement by eligible individual; services and costs information

(1)
Upon offering coverage under a minimum benefits or basic coverage contract issued in accordance with this chapter, the approved carrier shall provide the eligible individual with a written disclosure containing at least the following:
(a)
An explanation that this is a minimum benefits or basic insurance coverage contract and that benefits otherwise mandated by state law are not covered in the minimum benefits contracts;
(b)
An explanation of the benefits mandated by state law;
(c)
An explanation of the cost control features of the minimum benefits or basic coverage contract; and
(d)
A list of applicable addresses and telephone numbers for use by the eligible individual to obtain information on and authorization for participation in the program.
(2)
Before issuing a minimum benefits or basic insurance coverage contract in accordance with this chapter, the approved carrier shall obtain from the eligible individual a signed written statement in which the individual:
(a)
Certifies his or her eligibility for coverage under a minimum benefits or basic coverage contract in accordance with Section
83-61-7
;
(b)
Acknowledges the limited benefits provided under the basic coverage insurance contract.
(3)
The State Health Department shall furnish information to approved carriers concerning the services, and the costs of such services, if any, available from the county and state health departments, and such information shall be included in contracts of insurance coverage.
(4)
The carriers shall furnish information to their policyholders concerning the federal government's earned income credit for health insurance, and such information shall be included in contracts of insurance coverage issued under this chapter.
Laws, 1992, ch. 578, § 7; reenacted without change, Laws, 1994, ch. 620, § 7, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 61 - VOLUNTARY BASIC HEALTH INSURANCE COVERAGE LAW (§§ 83-61-1 — 83-61-19) › Section 83-61-15 - Advisory committee; membership

The Commissioner of Insurance may appoint an advisory committee, engage consultants or participate in grant programs to study and recommend the details of the program. The advisory committee shall be composed of the following: one (1) physician, one (1) hospital representative, one (1) small business representative, one (1) domestic insurer, one (1) member of the Health Insurance Agents Association, and one (1) nonprofit insurer. One (1) representative of the Department of Insurance shall serve as an ex officio member of the advisory committee. The advisory committee shall serve at the will and pleasure of the Commissioner of Insurance.
Laws, 1992, ch. 578, § 8; reenacted without change, Laws, 1994, ch. 620, § 8, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 61 - VOLUNTARY BASIC HEALTH INSURANCE COVERAGE LAW (§§ 83-61-1 — 83-61-19) › Section 83-61-17 - Filing of rates

The Commissioner of Insurance may require carriers to file rates for informational purposes. Nothing in this chapter shall be construed to require the commissioner's approval before using such rates.
Laws, 1992, ch. 578, § 9; reenacted without change, Laws, 1994, ch. 620, § 9, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 61 - VOLUNTARY BASIC HEALTH INSURANCE COVERAGE LAW (§§ 83-61-1 — 83-61-19) › Section 83-61-19 - Minimum loss ratio

The Commissioner of Insurance may require a minimum loss ratio that carriers must meet in order to participate in the program.
Laws, 1992, ch. 578, § 10; reenacted without change, Laws, 1994, ch. 620, § 10, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 62 - HEALTH SAVINGS ACCOUNTS (§§ 83-62-1 — 83-62-9) › Section 83-62-1 - Short title

This chapter shall be known and may be cited as the "Health Savings Accounts Act."
Laws, 2005, ch. 484, § 1, eff. 1/1/2005.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 62 - HEALTH SAVINGS ACCOUNTS (§§ 83-62-1 — 83-62-9) › Section 83-62-5 - Contributions to health savings account; exemption from taxable gross income

(1)
For taxable years beginning after January 1, 2005, contributions may be made into a health savings account by or on behalf of a resident of Mississippi pursuant to Section
83-62-3(f)
.
(2)
Except as provided in Section
83-62-9
, or except as otherwise provided by law, the principal contributed to and the interest earned on a health savings account and money reimbursed to an eligible individual or an employee for qualified medical expenses shall be excluded from the taxable gross income of the account holder under Section
27-7-15
.
(3)
The State and School Employees Health Insurance Management Board shall allow state employees as defined in Section
25-15-3(a)
to participate in a health savings account program, provided that the employee pays the full cost of such program and consents to a payroll deduction.
Laws, 2005, ch. 484, § 3, eff. 1/1/2005.
Amended by Laws, 2024, ch. 380, SB 2125,§ 1, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 62 - HEALTH SAVINGS ACCOUNTS (§§ 83-62-1 — 83-62-9) › Section 83-62-7 - Purposes for which trustee may utilize funds

The trustee or custodian shall utilize the funds held in a health savings account solely for the purpose of:
(a)
Paying the qualified medical expenses of the eligible individual or his or her dependents;
(b)
Purchasing a health coverage policy certificate, or contract, for an eligible individual who is receiving unemployment compensation, is exercising continuation privileges under federal law or is purchasing a long-term care insurance contract; or
(c)
Paying for health insurance other than a Medicare supplemental policy for those who are Medicare eligible. Funds held in a health savings account shall not be used to cover expenses of the eligible individual or his or her dependents that are otherwise covered, including, but not limited to, medical expense covered pursuant to an automobile insurance policy, workers' compensation insurance policy or self-insured plan or another employer-funded health coverage policy, certificate or contract.
Laws, 2005, ch. 484, § 4, eff. 1/1/2005.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 62 - HEALTH SAVINGS ACCOUNTS (§§ 83-62-1 — 83-62-9) › Section 83-62-9 - Withdrawal of money; disbursement of account assets pursuant to a filing for protection under Bankruptcy Code; transfer of interest in account to spouse under divorce or separation agreement; distribution upon death of eligible individual; transfer upon change of employment

(1)
Notwithstanding subsection (3), (4), (5) or (6) of this section, an eligible individual may withdraw money from his or her health savings account for any purpose other than a purpose described in Section
83-62-7
.
(2)
Subject to subsection (3) of this section, if the eligible individual withdraws money for any purpose other than a purpose described in Section
83-62-7
at any other time, all of the following apply:
(a)
The amount of the withdrawal is considered taxable gross income of the account holder under Section
27-7-15
in the tax year of the withdrawal.
(b)
Interest earned on the account during the tax year in which a withdrawal under this subsection is made is considered taxable gross income of the account holder under Section
27-7-15
.
(3)
The amount of disbursement of any assets of a health savings account pursuant to a filing for protection under Title 11 of the United States Code, 11 USCS 101 et seq., by an eligible individual or person for whose benefit the account was established is not considered a withdrawal for purposes of this section. The amount of a disbursement is not considered taxable gross income of the account holder under Section
27-7-15
and subsection (2) of this section does not apply.
(4)
The transfer of an eligible individual's interest in a health savings account to an eligible individual's spouse or former spouse under a divorce or separation instrument shall not be considered a taxable transfer made by such eligible individual, and such interest shall, after such transfer, be treated as a health savings account with respect to which such spouse is the eligible individual.
(5)
Upon the death of the eligible individual, the trustee or custodian shall distribute the principal and accumulated interest of the health savings account to the estate of the deceased.
(6)
If an employee becomes employed with a different employer that participates in a health savings account program, the employee may transfer his or her health savings account to that new employer's trustee or custodian or to an individually purchased account program.
Laws, 2005, ch. 484, § 5, eff. 1/1/2005.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 63 - SMALL EMPLOYER HEALTH BENEFIT PLANS (§§ 83-63-1 — 83-63-11) › Section 83-63-1 - Application of chapter

(1)
This chapter shall apply to any health benefit plan that provides coverage to the employees of a small employer in this state if any of the following conditions are met:
(a)
Any portion of the premium or benefits is paid by or on behalf of the small employer;
(b)
An eligible employee or dependent is reimbursed, whether through wage adjustments or otherwise, by or on behalf of the small employer for any portion of the premium; or
(c)
The health benefit plan is treated by the employer or any of the eligible employees or dependents as part of a plan or program for the purposes of Section 162, Section 125 or Section 106 of the United States Internal Revenue Code.
(2)
This chapter shall not apply to an employer whose only role is collecting through payroll deduction the premiums of individual policies on behalf of employees.
Laws, 1994, ch. 302, § 1, eff. 1/1/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 63 - SMALL EMPLOYER HEALTH BENEFIT PLANS (§§ 83-63-1 — 83-63-11) › Section 83-63-5 - Limitation on establishment of classes of business by small employer carriers

(1)
A small employer carrier may establish a class of business only to reflect substantial differences in expected claims experience or administrative costs related to the following reasons:
(a)
The small employer carrier uses more than one (1) type of system for the marketing and sale of health benefit plans to small employers;
(b)
The small employer carrier has acquired a class of business from another small employer carrier; or
(c)
The small employer carrier provides coverage through an association with membership of not less than twenty-five (25) small employers which has been formed for purposes other than obtaining insurance.
(2)
A small employer carrier may establish up to nine (9) separate classes of business under subsection (1).
(3)
The commissioner may establish regulations to provide for a period of transition in order for a small employer carrier to come into compliance with subsection (2) in the instance of acquisition of an additional class of business from another small employer carrier.
(4)
The commissioner may approve the establishment of additional classes of business upon application to the commissioner and a finding by the commissioner that such action would enhance the efficiency and fairness of the small employer marketplace.
Laws, 1994, ch. 302, § 3, eff. 1/1/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 63 - SMALL EMPLOYER HEALTH BENEFIT PLANS (§§ 83-63-1 — 83-63-11) › Section 83-63-6 - Requirements for small employer carriers

Any small employer carrier shall issue any health benefit plan to any small employer that applies for the plan and agrees to make the required premium payments and to satisfy the other reasonable provisions of the health benefit plan not inconsistent with this chapter. However, no carrier is required to issue a health benefit plan to a self-employed individual who is covered by, or is eligible for coverage under, a health benefit plan offered by an employer.
Laws, 1997, ch. 341, § 2, eff. 3/17/1997.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 63 - SMALL EMPLOYER HEALTH BENEFIT PLANS (§§ 83-63-1 — 83-63-11) › Section 83-63-9 - Disclosure requirements for solicitation and sales material for sale of health benefit plan; maintenance of description of rating practices and renewal underwriting practices; actuarial certification requirements; access to information and documentation by commissioner; confidentiality of information

(1)
In connection with the offering for sale of any health benefit plan to a small employer, a small employer carrier shall make a reasonable disclosure, as part of its solicitation and sales materials, of all of the following:
(a)
The extent to which premium rates for a specified small employer are established or adjusted based upon the actual or expected variation in claims costs or actual or expected variation in health status of the employees of the small employer and their dependents;
(b)
The provisions of the health benefit plan concerning the small employer carrier's right to change premium rates and factors, other than claim experience, that affect changes in premium rates;
(c)
A description of the class of business in which the small employer is or will be included, including the applicable grouping of plans;
(d)
The provisions relating to renewability of policies and contracts; and
(e)
The provisions relating to any pre-existing condition provision.
(2)
Each small employer carrier shall maintain at its principal place of business a complete and detailed description of its rating practices and renewal underwriting practices, including information and documentation that demonstrate that its rating methods and practices are based upon commonly accepted actuarial assumptions and are in accordance with sound actuarial principles.
(3)
Each small employer carrier shall file with the commissioner annually on or before March 15, an actuarial certification certifying that the carrier is in compliance with this chapter and that the rating methods of the small employer carrier are actuarially sound. Such certification shall be in a form and manner, and shall contain such information, as specified by the commissioner. A copy of the certification shall be retained by the small employer carrier at its principal place of business.
(4)
A small employer carrier shall make the information and documentation described in subsection (2) available to the commissioner upon request. Except in cases of violations of this chapter, the information shall be considered proprietary and trade secret information and shall not be subject to disclosure by the commissioner to persons outside of the department except as agreed to by the small employer carrier or as ordered by a court of competent jurisdiction.
Laws, 1994, ch. 302, § 5, eff. 1/1/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 63 - SMALL EMPLOYER HEALTH BENEFIT PLANS (§§ 83-63-1 — 83-63-11) › Section 83-63-11 - Renewal of health benefit plan at option of small employer; exceptions; right of carrier to cease to renew all plans under a class of business; restrictions; application of section to carrier operating in single geographic area

(1)
A health benefit plan subject to this chapter shall be renewable with respect to all eligible employees and dependents, at the option of the small employer, except in any of the following cases:
(a)
Nonpayment of the required premiums;
(b)
Fraud or misrepresentation of the small employer, or with respect to coverage of individual insureds, the insureds or their representatives;
(c)
Noncompliance with the carrier's minimum participation requirements;
(d)
Noncompliance with the carrier's employer contribution requirements;
(e)
Repeated misuse of a provider network provision; or
(f)
The commissioner finds that the continuation of the coverage would:
(i)
Not be in the best interests of the policyholders or certificate holders; or
(ii)
Impair the carrier's ability to meet its contractual obligations.
In such instance the commissioner shall assist affected small employers in finding replacement coverage.
(2)
A small employer carrier may cease to renew all plans under a class of business. The carrier shall provide notice to all affected health benefit plans and to the Commissioner of Insurance in each state in which an affected insured individual is known to reside at least one hundred eighty (180) days prior to termination of coverage. A carrier which exercises its rights to cease to renew all plans in a class of business shall not:
(a)
Establish a new class of business for a period of five (5) years after the nonrenewal of the plans without prior approval of the Commissioner of Insurance; or
(b)
Transfer or otherwise provide coverage to any of the employers from the nonrenewed class of business unless the carrier offers to transfer or provide coverage to all affected employers and eligible employees and dependents without regard to case characteristics, claim experience, health status or duration of coverage.
(3)
In the case of a small employer carrier doing business in one (1) established geographic service area of the state, the rules set forth in this section shall apply only to the carrier's operations in such service area.
Laws, 1994, ch. 302, § 6, eff. 1/1/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 64 - HEALTH DISCOUNT PLANS (§ 83-64-1) › Section 83-64-1 - Health discount plan; disclosures to and rights of consumer; Commissioner of Insurance authorized to adopt rules and regulations to implement provisions; applicability

(1)
"Health discount plan" means a card, program, device, arrangement, contract or mechanism that purports to offer discounts or access to discounts on health care services or supplies that is not insurance or that does not provide coverage for services or benefits regulated under Section
83-9-1
et seq.
(2)
A person may not sell, market, promote, advertise or otherwise distribute a health discount plan unless:
(a)
Each advertisement, policy, document, information, statement or other communication regarding the health discount plan and the plan itself contain a statement, in bold and prominent type, that the health discount plan is not insurance;
(b)
The discounts offered under the health discount plan are specifically authorized by a contract with each provider of the services or supplies listed in conjunction with the plan;
(c)
The health discount plan states the name, address and telephone number of the administrator of the plan;
(d)
The person makes readily available to the consumer a complete, accurate and up-to-date list of providers participating in the plan that offers discounted health care services or supplies in the consumer's local area and the discounts offered by the providers;
(e)
The person provides the consumer the right to cancel the health discount plan within thirty (30) days after purchase of the plan; and
(f)
The person provides the consumer with a full refund of all payments made, except for a nominal processing fee, within thirty (30) days after notification of cancellation of the plan under paragraph (e) of this subsection.
(3)
The Commissioner of Insurance may adopt regulations to implement this section and to establish additional requirements intended to prohibit unfair or deceptive practices relating to health discount plans.
(4)
Rebates and discounts for health discount plans shall not apply to manufacturers of pharmaceuticals or supplies. This section shall not apply to the Division of Medicaid and shall not apply to pharmaceutical manufacturer discount cards.
Laws, 2007, ch. 553, § 7; Laws, 2010, ch. 419, § 1, eff. 7/1/2010.
Amended by Laws, 2013, ch. 316, SB 2232, 1, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 65 - REGULATION OF VEHICLE SERVICE CONTRACTS (§§ 83-65-101 — 83-65-125) › Section 83-65-101 - Purpose

The sole purpose of this chapter is to provide for the regulation of vehicle service contracts. This chapter does not apply to motor vehicle manufacturers' warranties.
Laws, 1995, ch. 302, § 1, eff. 2/28/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 65 - REGULATION OF VEHICLE SERVICE CONTRACTS (§§ 83-65-101 — 83-65-125) › Section 83-65-103 - Definitions

For the purposes of this chapter:
(a)
"Commissioner" means the Commissioner of Insurance.
(b)
"Service contract holder" means a person who purchases or otherwise obtains a vehicle service contract.
(c)
"Vehicle service contract" means a contract or agreement that undertakes to perform or provide repair or replacement service, or provide payment for that service, for the operational or structural failure of a motor vehicle due to a defect in materials, workmanship or normal wear and tear, with or without additional provision for incidental payment or indemnity under limited circumstances, including, but not limited to, towing, rental and emergency road service. "Vehicle service contract" also means a contract or agreement that undertakes to perform or provide one or more of the following services:
(i)
The repair or replacement of tires and/or wheels on a motor vehicle damaged as a result of coming into contact with road hazards;
(ii)
The removal of dents, dings or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding or painting;
(iii)
The repair of chips or cracks in or the replacement of motor vehicle windshields as a result of damage caused by road hazards;
(iv)
The replacement of a motor vehicle key or key-fob in the event that the key or key-fob becomes inoperable or is lost or stolen;
(v)
Other services which may be approved by the Commissioner, if not inconsistent with other provisions of this chapter.
(d)
"Provider" means a person who issues, makes or provides a vehicle service contract.
(e)
"Reimbursement insurance policy" means a policy of insurance providing reimbursement coverage for all services which the provider is legally obligated to provide under the terms of vehicle service contracts issued or sold by the provider.
(f)
"Services" means the repair, replacement or maintenance of property or indemnification for repair, replacement or maintenance for the operational or structural failure of a motor vehicle due to a defect in materials, workmanship or normal wear and tear.
(g)
"Road hazard" means a hazard that is encountered while driving a motor vehicle and which may include, but not be limited to, potholes, rocks, wood debris, metal parts, glass, plastic, curbs or composite scraps.
Laws, 1995, ch. 302, § 2, eff. 2/28/1995.
Amended by Laws, 2019, ch. 358, HB 925,§ 1, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 65 - REGULATION OF VEHICLE SERVICE CONTRACTS (§§ 83-65-101 — 83-65-125) › Section 83-65-105 - Issuance, sale, or offer for sale of service contract; authorized providers

A vehicle service contract shall not be issued, sold, or offered for sale in this state unless the provider of the vehicle service contract is a named insured under a reimbursement insurance policy issued by an insurer authorized to do business in this state.
Laws, 1995, ch. 302, § 3, eff. 2/28/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 65 - REGULATION OF VEHICLE SERVICE CONTRACTS (§§ 83-65-101 — 83-65-125) › Section 83-65-107 - Issuance, sale, or offer for sale of service contract; document filing requirements; rates

A vehicle service contract shall not be issued, sold, or offered for sale in this state unless a true and correct copy of the vehicle service contract and the provider's reimbursement insurance policy and the rates to be charged for the reimbursement insurance policy have been filed by the insurer issuing the reimbursement insurance policy with the commissioner. Rates shall not be excessive, inadequate or unfairly discriminatory.
Laws, 1995, ch. 302, § 4, eff. 2/28/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 65 - REGULATION OF VEHICLE SERVICE CONTRACTS (§§ 83-65-101 — 83-65-125) › Section 83-65-109 - Issuance, sale, or offer for sale of reimbursement insurance policy

A reimbursement insurance policy shall not be issued, sold, or offered for sale in this state unless the reimbursement insurance policy conspicuously states that the issuer of the policy shall provide on behalf of the provider all services which the provider is legally obligated to provide according to the provider's contractual obligations under the vehicle service contracts issued or sold by the provider.
Laws, 1995, ch. 302, § 5, eff. 2/28/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 65 - REGULATION OF VEHICLE SERVICE CONTRACTS (§§ 83-65-101 — 83-65-125) › Section 83-65-111 - Issuance, sale, or offer for sale of service contract; form and terms of contract

(1)
A vehicle service contract shall not be issued, sold, or offered for sale in this state unless the contract conspicuously states that the obligations of the provider to the service contract holder to provide services are guaranteed under a reimbursement insurance policy, and unless the contract conspicuously states the name and address of the issuer of the reimbursement policy.
(2)
Every vehicle service contract shall be written in clear, understandable language and shall be printed or typed in easy-to-read type, size and style, and shall not be issued, sold, or offered for sale in this state unless the contract:
(a)
Conspicuously states that the services for which the provider is legally obligated to perform to the service contract holder are guaranteed under a reimbursement insurance policy;
(b)
Conspicuously states the name and address of the issuer of the reimbursement insurance policy;
(c)
Identifies the provider, the seller, and the service contract holder;
(d)
Sets forth the total purchase price and the terms under which it is to be paid;
(e)
Sets forth the procedure for making a claim, including a toll-free telephone number for claim service and a procedure for obtaining reimbursement for emergency repairs performed outside of normal business hours;
(f)
Conspicuously states the existence of a deductible amount, if any;
(g)
Specifies the merchandise or services, or both, to be provided and any limitations, exceptions or exclusions;
(h)
Sets forth the conditions on which the use of non-original manufacturers parts, or substitute service, will be allowed;
(i)
Conspicuously sets forth all of the obligations and duties of the service contract holder, such as the duty to protect against any further damage to the vehicle and the requirement for certain service and maintenance;
(j)
Sets forth any terms, restrictions, or conditions governing transferability of the vehicle service contract.
Laws, 1995, ch. 302, § 6, eff. 2/28/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 65 - REGULATION OF VEHICLE SERVICE CONTRACTS (§§ 83-65-101 — 83-65-125) › Section 83-65-115 - Recordkeeping requirements

(1)
All providers shall keep accurate accounts, books, and records concerning transactions regulated under this chapter.
(2)
A provider's accounts, books, and records shall include:
(a)
Copies of all service contracts;
(b)
The name and address of each service contract holder to the extent that the name and address have been furnished by the service contract holder;
(c)
The dates, amounts, and descriptions of all receipts, claims, and expenditures.
(3)
A provider shall retain all required accounts, books, and records pertaining to each service contract holder for at least two (2) years after the specified period of coverage has expired. A provider discontinuing business in this state shall maintain its records until it furnishes the commissioner satisfactory proof that it has discharged all obligations to contract holders in this state.
(4)
Providers shall make all accounts, books, and records concerning transactions regulated under this chapter available to the commissioner for the purpose of examination.
Laws, 1995, ch. 302, § 8, eff. 2/28/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 65 - REGULATION OF VEHICLE SERVICE CONTRACTS (§§ 83-65-101 — 83-65-125) › Section 83-65-117 - Cancellation of reimbursement insurance policy

(1)
The issuer of a reimbursement insurance policy shall not cancel such reimbursement insurance policy unless sixty (60) days written notice of cancellation has been given to the commissioner and to each insured provider, including automobile dealers and third-party administrators.
(2)
The cancellation of a reimbursement insurance policy shall not reduce the issuer's responsibility for vehicle service contracts issued by providers prior to the date of cancellation.
Laws, 1995, ch. 302, § 9, eff. 2/28/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 65 - REGULATION OF VEHICLE SERVICE CONTRACTS (§§ 83-65-101 — 83-65-125) › Section 83-65-119 - Complaint against providers

(1)
The commissioner may receive and process each complaint made against any provider which alleges certain acts or practices which may constitute one or more violations of this chapter. Any member of the public, or any federal, state, or local official, may file a complaint with the commissioner. Complaints may be received from sources outside the State of Mississippi and processed in the same manner as those originating in Mississippi.
(2)
All complaints shall be made in writing and shall fully identify the complainant by name and address. If required by the commissioner, complaints shall be made on forms prescribed and provided by the commissioner.
(3)
Oral or telephone communications may not be considered or processed as complaints. However, any member of the staff of the commissioner may file a complaint based upon information and belief, in reliance upon oral, telephone, or written communications received by the commissioner.
Laws, 1995, ch. 302, § 10, eff. 2/28/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 65 - REGULATION OF VEHICLE SERVICE CONTRACTS (§§ 83-65-101 — 83-65-125) › Section 83-65-121 - Promulgation of regulations

The commissioner may promulgate regulations necessary to effectuate this chapter.
Laws, 1995, ch. 302, § 11, eff. 2/28/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 65 - REGULATION OF VEHICLE SERVICE CONTRACTS (§§ 83-65-101 — 83-65-125) › Section 83-65-123 - Application of chapter

If any provision of this chapter or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of the chapter or the applicability of such provision to other persons or circumstances shall not be affected.
Laws, 1995, ch. 302, § 12, eff. 2/28/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 65 - REGULATION OF VEHICLE SERVICE CONTRACTS (§§ 83-65-101 — 83-65-125) › Section 83-65-125 - Provider not required to be named insured under reimbursement insurance policy under certain circumstances

(1)
A provider shall not be required to be a named insured under a reimbursement insurance policy for purposes of issuing, selling or offering for sale a vehicle service contract in this state if the provider complies with the following requirements:
(a)
Maintains, or has a parent company maintain, a net worth or stockholders' equity of at least One Hundred Million Dollars ($100,000,000.00);
(b)
Upon request, files with the commissioner a true and correct copy of the vehicle service contract;
(c)
Upon request, files with the commissioner a copy of the provider's or the provider's parent company's most recent Form 10-K or Form 20-F filed with the Securities and Exchange Commission within the preceding calendar year. If the provider or the provider's parent company does not file with the Securities and Exchange Commission, the provider, upon request, shall file with the commissioner a copy of the provider's or the provider's parent company's audited financial statements showing a net worth of the provider or its parent company of at least One Hundred Million Dollars ($100,000,000.00). If the provider's parent company's Form 10-K, Form 20-F or audited financial statements are filed to show that the provider meets the financial requirements of this section, the parent company shall agree to guarantee the obligations of the provider relating to service contracts sold by the provider in this state.
(2)
If a provider complies with the requirements of subsection (1) the provider may issue, sell or offer for sale in this state vehicle service contracts and such contracts shall not be subject to the requirements of Sections
83-65-105
,
83-65-107
,
83-65-109
and subsections (2)(a) and (b) of Section
83-65-111
.
Laws, 2011, ch. 401, § 1, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 67 - UTILIZATION OF MODERN SYSTEMS FOR HOLDING AND TRANSFERRING SECURITIES WITHOUT PHYSICAL DELIVERY (§§ 83-67-1 — 83-67-5) › Section 83-67-1 - In general

The purpose of this chapter is to authorize domestic insurance companies to utilize modern systems for holding and transferring securities without physical delivery of securities certificates, subject to appropriate regulations of the Commissioner of Insurance.
Laws, 2001, ch. 412, § 1, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 67 - UTILIZATION OF MODERN SYSTEMS FOR HOLDING AND TRANSFERRING SECURITIES WITHOUT PHYSICAL DELIVERY (§§ 83-67-1 — 83-67-5) › Section 83-67-3 - Definitions

As used in this chapter, the term:
(a)
"Clearing corporation" means a corporation as defined in Section
75-8-102
, except that with respect to securities issued by institutions organized or existing under the laws of any foreign country or securities used to meet the deposit requirements pursuant to the laws of a foreign country as a condition of doing business therein, clearing corporation may include a corporation which is organized or existing under the laws of any foreign country and is legally qualified under such laws to effect transactions in securities by computerized book-entry.
(b)
"Direct participant" means a bank or trust company or other institution which maintains an account in its name in a clearing corporation and through which an insurance company participates in a clearing corporation.
(c)
"Federal Reserve book-entry system" means the computerized systems sponsored by the United States Department of the Treasury and certain agencies and instrumentalities of the United States for holding and transferring securities of the United States government and such agencies and instrumentalities, respectively, in Federal Reserve Banks through banks which are members of the Federal Reserve System or which otherwise have access to such computerized systems.
(d)
"Member bank" means a national bank, state bank or trust company which is a member of the Federal Reserve System and through which an insurance company participates in the Federal Reserve book-entry system.
(e)
"Securities" means instruments as defined in Section
75-8-102
or as permitted by the insurance laws of the State of Mississippi.
Laws, 2001, ch. 412, § 2, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 67 - UTILIZATION OF MODERN SYSTEMS FOR HOLDING AND TRANSFERRING SECURITIES WITHOUT PHYSICAL DELIVERY (§§ 83-67-1 — 83-67-5) › Section 83-67-5 - Deposit of securities with clearing corporation or Federal Reserve book-entry system; promulgation of rules and regulations

(1)
Notwithstanding any other provision of law, a domestic insurance company may deposit or arrange for the deposit of securities held in or purchased for its general account and its separate accounts in a clearing corporation or the Federal Reserve book-entry system. When securities are deposited with a clearing corporation, certificates representing securities of the same class of the same issuer may be merged and held in bulk in the name of the nominee of such clearing corporation with any other securities deposited with such clearing corporation by any person, regardless of the ownership of such securities, and certificates representing securities of small denominations may be merged into one or more certificates of larger denominations. The records of any member bank through which an insurance company holds securities in the Federal Reserve book-entry system, and the records of any custodian banks through which an insurance company holds securities in a clearing corporation shall at all times show that such securities are held for such insurance company and for which accounts thereof. Ownership of, and other interests in, such securities may be transferred by bookkeeping entry on the books of such clearing corporation or in the Federal Reserve book-entry system without, in either case, physical delivery of certificates representing such securities.
(2)
The Commissioner of Insurance is authorized to promulgate rules and regulations governing the deposit by insurance companies of securities with clearing corporations and in the Federal Reserve book-entry system.
Laws, 2001, ch. 412, § 3, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 71 - UNFAIR DISCRIMINATION AGAINST SUBJECTS OF ABUSE IN HEALTH, LIFE, AND DISABILITY INCOME INSURANCE (§§ 83-71-1 — 83-71-115) › DISCRIMINATION AGAINST SUBJECTS OF ABUSE IN HEALTH INSURANCE (§§ 83-71-1 — 83-71-15) › Section 83-71-1 - Purpose

The purpose of Sections
83-71-1
through
83-71-15
is to prohibit unfair discrimination by health carriers and insurance professionals on the basis of abuse status. Nothing in Sections
83-71-1
through
83-71-15
shall be construed to create or imply a private cause of action for a violation of Sections
83-71-1
through
83-71-15
.
Laws, 2010, ch. 455, § 1, eff. 7/1/2010.