reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.881 - Policy certificate front page to contain notice of right to return and receive premium refund.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 06 Jul 1992, see footnote
376.881. Policy certificate front page to contain notice of right to return and receive premium refund. —
Medicare supplement policies and certificates shall have a notice prominently printed on the first page of the policy or certificate or attached thereto stating in substance that the applicant shall have the right to return the policy or certificate within thirty days of its delivery and to have the premium refunded if, after examination of the policy or certificate, the applicant is not satisfied for any reason. Any refund made pursuant to this section shall be paid directly to the applicant by the issuer in a timely manner.
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(L. 1989 H.B. 615 & 563, A.L. 1992 H.B. 1574)
Effective 7-06-92
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.882 - Cancellation of policy, refund required — notification.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 2010
376.882. Cancellation of policy, refund required — notification. —
1. If a Medicare supplement policy issued, delivered, or renewed in this state on or after January 1, 2011, is cancelled for any reason, the insurer shall refund the unearned portion of any premium paid beyond the month in which the cancellation is effective. Any refund shall be returned to the policyholder within twenty days from the date the insurer receives notice of the cancellation.
2. The policyholder may notify the insurer of cancellation of such Medicare supplement policy by sending written or electronic notification.
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(L. 2010 S.B. 583)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.884 - Advertisement to be reviewed by director.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 06 Jul 1992, see footnote
376.884. Advertisement to be reviewed by director. —
Every issuer of Medicare supplement insurance policies or certificates in this state shall provide a copy of any Medicare supplement advertisement intended for use in this state whether through written, radio or television medium to the director for review or approval by the director to the extent it may be required under state law.
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(L. 1989 H.B. 615 & 563, A.L. 1992 H.B. 1574)
Effective 7-06-92
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.886 - Regulations, requirements — rules, procedure.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 26 Apr 1996, see footnote
376.886. Regulations, requirements — rules, procedure. —
Regulations adopted pursuant to sections 376.850 to 376.890 shall be subject to the provisions of section 376.982, section 536.021 and section 536.024. Any regulation adopted pursuant to sections 376.850 to 376.890 shall contain all of the provisions of the model regulation or regulations relating to Medicare supplement policies adopted by the National Association of Insurance Commissioners.
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(L. 1989 H.B. 615 & 563, A.L. 1992 H.B. 1574, A.L. 1993 S.B. 52, A.L. 1996 S.B. 883)
Effective 4-26-96
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.889 - Violations, penalty.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 2007
376.889. Violations, penalty. —
1. If the director determines that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of sections 376.850 to 376.890 or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of sections 376.850 to 376.890 or a rule adopted or order issued pursuant thereto, the director may issue such administrative orders as authorized under section 374.046. A violation of any of these sections is a level two violation under section 374.049.
2. If the director believes that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of sections 376.850 to 376.890 or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of sections 376.850 to 376.890 or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048. A violation of any of these sections is a level two violation under section 374.049.
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(L. 1989 H.B. 615 & 563, A.L. 1992 H.B. 1574, A.L. 2007 S.B. 66)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.890 - Invalidity of any section regulating Medicare supplement not to affect others.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 1989
376.890. Invalidity of any section regulating Medicare supplement not to affect others. —
If any provision of sections 376.850 to 376.890 or the application thereof to any person or circumstance is for any reason held to be invalid, the remainder of sections 376.850 to 376.890 and the application of such provision to other persons or circumstances shall not be affected thereby.
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(L. 1981 S.B. 347 § 8, A.L. 1989 H.B. 615 & 563)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.891 - Definitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 1993
376.891. Definitions. —
As used in sections 376.891 to 376.894, the following terms mean:
(1)
"Certificate holder"
, a person who receives health care benefits or services pursuant to a policy, contract or plan;
(2)
"Plan administrator"
:
(a) The person designated as the plan administrator by the instrument under which the contract or plan is operated; or
(b) If no plan administrator is designated, the plan sponsor;
(3)
"Policy, contract or plan"
, a group insurance policy providing health care coverage on an expense incurred basis, a group service or indemnity contract issued by a not-for-profit health services corporation, a health maintenance organization plan or a self-insured group health benefit plan of any type or description.
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(L. 1993 H.B. 564 § 11)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.892 - Surviving spouse may continue coverage, when — divorced or separated spouse may continue coverage, when — services offered.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 1993
376.892. Surviving spouse may continue coverage, when — divorced or separated spouse may continue coverage, when — services offered. —
1. Any policy, contract or plan offered, issued or renewed in this state after August 28, 1993, providing coverage for hospital or medical expenses, other than coverage limited to expenses from accidents or specific diseases, shall contain a provision that:
(1) The surviving spouse of a certificate holder may continue coverage under the policy, contract or plan, at the death of the certificate holder, with respect to the spouse and any dependent children whose coverage under the policy, contract or plan, otherwise would terminate because of the death of the certificate holder if the surviving spouse is fifty-five years of age or older at the time of the expiration of coverage provided by the federal Consolidated Omnibus Budget Reconciliation Act (COBRA); and
(2) The divorced or legally separated spouse of a certificate holder may continue coverage under the policy, contract or plan, upon dissolution of marriage with, or legal separation from, the certificate holder, with respect to the divorced or legally separated spouse and any dependent children whose coverage under the policy, contract or plan, otherwise would terminate because of the dissolution of marriage or legal separation, if the divorced or legally separated spouse is fifty-five years of age or older at the time of the expiration of coverage provided by the federal Consolidated Omnibus Budget Reconciliation Act (COBRA).
2. Continued coverage for dental, vision care or prescription drug expenses shall be offered to legally separated, divorced or surviving spouses and any dependent children eligible under subsection 1 of this section if such coverage is or was available to the certificate holder.
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(L. 1993 H.B. 564 § 12)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.894 - Amount of premium, date of payment — termination of right of continuation of coverage, grounds.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 1993
376.894. Amount of premium, date of payment — termination of right of continuation of coverage, grounds. —
If a legally separated, divorced or surviving spouse elects continuation of coverage under section 376.893:
(1) During the period of time covered by the federal Consolidated Omnibus Budget Reconciliation Act (COBRA), the monthly contribution for the premium shall not be greater than the amount that would be charged if the legally separated, divorced or surviving spouse were a current certificate holder of the group contract, policy or plan plus the amount that the group policyholder would contribute toward the premium if the legally separated, divorced or surviving spouse were a certificate holder of the group plan, plus an additional amount not to exceed two percent of the certificate holder and group plan holder contributions, for the cost of administration. Once the period of time covered by the insurance premium provisions of the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) has expired, the monthly contribution for the premium shall not be greater than the amount that would have been charged if the legally separated, divorced or surviving spouse were a current certificate holder of the group contract, policy or plan plus the amount that the group policyholder would contribute toward the premium if the legally separated, divorced or surviving spouse were a certificate holder plus an amount not to exceed twenty-five percent of the certificate holder and group plan holder contributions. Such additional contributions shall be determined by each individual plan administrator and shall be subject to review by the Missouri department of commerce and insurance;
(2) The first premium shall be paid by the legally separated, divorced or surviving spouse within forty-five days of the date of the election;
(3) The right to continuation of coverage shall terminate upon the earliest of any of the following:
(a) The failure to pay premiums when due, including any grace period allowed by the policy;
(b) The date that the group policy is terminated as to all group members except that if a different group policy is made available to group members, the legally separated, divorced or surviving spouse shall be eligible for continuation of coverage as if the original policy had not been terminated;
(c) The date on which the legally separated, divorced or surviving spouse becomes insured under any other group health plan;
(d) The date on which the legally separated, divorced or surviving spouse remarries and becomes insured under another group health plan; or
(e) The date on which the legally separated, divorced or surviving spouse attains his sixty-fifth birthday.
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(L. 1993 H.B. 564 § 14)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.900 - Definitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 1981
376.900. Definitions. —
For the purpose of sections 376.900 to 376.950 the following words and terms mean:
(1)
"Care for a term of years"
, an agreement between a resident and a provider whereby the resident pays a fee for the right to occupy space in a designated facility, and to receive continuing care, for at least one year, but for less than the life of the resident. "Care for a term of years" also refers to a contract or agreement for continuing care for an indefinite term;
(2)
"Continuing care"
or
"care"
, furnishing shelter, food, and nursing care, whether the nursing care is provided in the facility or in another setting designated by the agreement for continuing care, to an individual not related by consanguinity or affinity to the provider furnishing such care. Other personal services provided shall be designated in the continuing care agreement. "Continuing care" shall include only life care, care for life, or care for a term of years;
(3)
"Department"
, the Missouri department of commerce and insurance;
(4)
"Entrance fee"
, an initial or deferred payment of a sum of money or property which assures the resident a place in a facility for a term of years or for life. An accommodation fee, endowment fee, admission fee, or other fee of similar form and application shall be considered to be an entrance fee;
(5)
"Facility"
, a place in which it is undertaken to provide continuing care to an individual for a term of years or for life;
(6)
"Life care"
or
"care for life"
, a life lease, life membership, life estate, or similar agreement between a resident and a provider by which the resident pays a fee for the right to occupy a space in a designated facility and to receive continuing care for life;
(7)
"Provider"
, the owner or operator, whether a natural person, partnership, or other unincorporated association, however organized, or trust or corporation, of an institution, building, residence, or other place, whether operated for profit or not, which owner or operator undertakes to provide continuing care for a fixed or variable fee, or for any other remuneration of any type, whether fixed or variable, for the period of care, payable in a lump sum or lump sum and monthly maintenance charges or in installments; however, the term "provider" shall not include facilities operated, owned, or leased for operation by any fraternal or religious organization if the organization as a matter of policy limits residents to those who are members or spouses of members of the organization;
(8)
"Resident"
means a person who enters into a life care contract with a provider or who is designated in a life care contract to be a person provided with services, board, and lodging.
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(L. 1981 S.B. 84 § 1)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.905 - Administration by department, powers, duties — fees.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 1981
376.905. Administration by department, powers, duties — fees. —
The administration of sections 376.900 to 376.950 is vested in the division, which shall:
(1) Prepare and furnish all forms necessary under the provisions of sections 376.900 to 376.950 in relation to applications for certificates of authority or renewals thereof, statements, examinations, and other required reports;
(2) Collect in advance, and the applicant so served shall pay to it in advance, the following fees:
(a) At the time of filing an application for a certificate of authority, an application fee in the amount of seventy-five dollars for each facility;
(b) At the time of renewal of a certificate of authority, a renewal fee in the amount of seventy-five dollars for each year or part thereof for each facility where continuing care is provided;
(c) A late fee in an amount equal to fifty percent of the renewal fee in effect on the last preceding regular renewal date;
(3) Adopt rules, within the standards of sections 376.900 to 376.950, necessary to effect the purposes of sections 376.900 to 376.950.
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(L. 1981 S.B. 84 § 2)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.910 - Certificate of authority required.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 1981
376.910. Certificate of authority required. —
No provider shall engage in the business of providing continuing care in this state without a certificate of authority therefor obtained from the department as provided in sections 376.900 to 376.950.
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(L. 1981 S.B. 84 § 3)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.915 - Application for certificate, content — renewal, content, filed when — extensions, fee.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 1981
376.915. Application for certificate, content — renewal, content, filed when — extensions, fee. —
1. A provider shall file an application for a certificate of authority on a form prescribed by the department, and the application shall be accompanied by the annual statement and other matters as provided in this section. Thereafter, within ninety days of the end of its fiscal year, such provider shall file an annual statement along with an application for renewal of its certificate of authority unless such time shall be extended with the written consent of the department. If the department does not receive the required information within ninety days of the end of the provider's fiscal year, or within an approved time extension, a late fee shall be charged in an amount equal to fifty percent of the renewal fee in effect on the last preceding regular renewal date.
2. The annual statement shall be accompanied by a narrative describing any material differences between the pro forma income statements filed in response to section 376.920 as a part of the most immediately preceding application for a certificate of authority or annual statement and the actual results of operations during the fiscal year together with the revised pro forma income statements being filed as a part of the current annual statement.
3. When an applicant has more than one facility offering continuing care, a separate application for a certificate of authority shall be made for each facility.
4. The application for a certificate of authority shall be signed under oath by the chief executive officer of the applicant.
5. Copies of the escrow agreements executed with an escrow agent pursuant to sections 376.940 and 376.945 shall be recorded as exhibits to the application for a certificate of authority.
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(L. 1981 S.B. 84 § 4, subsecs. 1 to 6)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.925 - Seven-day rescission period, all money or property to be refunded.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 1981
376.925. Seven-day rescission period, all money or property to be refunded. —
The life care contract shall provide that any person entering into the contract shall have a period of seven days beginning with the first full calendar day following the last to occur of the execution of the contract, the payment of an initial sum of money as a deposit or application fee, or receipt of a copy of the provider's application or most recent annual report within which to rescind the life care contract without penalty or further obligation. In the event of such rescission, all money or property paid or transferred by such person shall be fully refunded by the provider. No person shall be required to move into a facility until after the expiration of the seven-day rescission period.
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(L. 1981 S.B. 84 § 4, subsec. 7)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.930 - Insured to be furnished application for certificate and annual statement, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 1981
376.930. Insured to be furnished application for certificate and annual statement, when. —
At the time of or prior to the execution of a life care contract and the transfer of any money or other property to a provider pursuant thereto, the provider shall deliver to the person with whom the life care contract is entered into a copy of the provider's application for a certificate of authority or most recent annual statement as prescribed by section 376.915, whichever is most recent. Thereafter, the provider shall annually deliver a copy of the annual statement to each resident of the facility upon request within ten days after such annual statement is filed with the department.
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(L. 1981 S.B. 84 § 4, subsec. 8)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.935 - Certificates issued for one year — nontransferable — not endorsement by department.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 1981
376.935. Certificates issued for one year — nontransferable — not endorsement by department. —
1. Upon receipt of a completed application for a certificate of authority and exhibits and payment of the fee by the applicant, and proof of compliance by the applicant with the provisions of sections 376.940 and 376.945, the department shall issue a certificate of authority to the provider subject to the conditions imposed pursuant to sections 376.940 and 376.945 allowing the provider to enter into life care contracts with respect to the number of living units and facility described in the application for a certificate of authority.
2. A certificate of authority issued under this section, unless sooner revoked, shall be issued for a period of one year.
3. A certificate of authority issued pursuant to this section shall contain, in a prominent location, a statement that the issuance of a certificate of authority pursuant to this section does not constitute approval, recommendation, or endorsement by the department, nor does such a certificate of authority evidence the accuracy or completeness of the information set out in the application or the annual report of the provider.
4. All certificates of authority shall be nontransferable.
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(L. 1981 S.B. 84 § 5)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.945 - Escrow account, amount required — principal, how released, investment.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 2020, 2 histories
376.945. Escrow account, amount required — principal, how released, investment. —
1. The department shall, as a condition of the issuance of a certificate of authority pursuant to section 376.935, require that the provider establish a reserve of an amount equal to at least fifty percent of any entrance fee paid by the first occupant of a living unit under a life care contract. The reserve shall be maintained by the provider on a current basis, in escrow with a bank, trust company, or other escrow agent approved by the department. The entire amount of such reserve shall be amortized and earned by and available for release to the provider at the rate of one percent per month on the balance of the reserve, provided, however, that at no time shall the entrance fee reserve together with all interest earned thereon total less than an amount equal to one hundred percent of the annual long-term debt principal and interest payments of the provider applicable only to living units occupied under life care contracts. Such portion of each entrance fee as is necessary to maintain the entrance fee reserve as set forth herein shall be paid to the reserve fund for the second and all subsequent occupancies of a living unit occupied under a life care contract. The requirements of this subsection may be met in whole or in part by other reserve funds held for the purpose of meeting loan obligations, provided that the total amount equals or exceeds the amount required under this subsection.
2. In addition, each provider shall establish and maintain separately for each facility, a reserve equal to not less than five percent of the facility's total outstanding balance of contractually obligated move-out refunds at the close of each fiscal year.
3. All reserve funds held under subsection
*
1 or 2 of this section shall be held in liquid assets consisting of federal government or other marketable securities, deposits, or accounts insured by the federal government.
4. This section shall be applicable only to life care contracts executed for occupancy of living units constructed after September 28, 1981.
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(L. 1981 S.B. 84 § 7, A.L. 1988 H.B. 1709, A.L. 2020 H.B. 1682 merged with S.B. 599)
*Word "subsections" appears in original rolls of H.B. 1682, 2020.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.950 - Board of directors, one member to be resident of facility.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 1981
376.950. Board of directors, one member to be resident of facility. —
At least one member of the board of directors shall be a resident of the facility under a standard agreement offered by the provider.
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(L. 1981 S.B. 84 § 8)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.965 - Board members not civilly liable for performance of duties, exception.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 1991
376.965. Board members not civilly liable for performance of duties, exception. —
No member of the board of directors of the Missouri health insurance pool shall be civilly liable, either jointly or separately, as a result of any act, omission or decision in performance of his duties as specifically required by sections 376.960 to 376.989. Such immunity shall not attach for any intentional or reckless act affecting the property or rights of any person.
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(L. 1991 H.B. 385, et al. § 112)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.968 - Administration of pool by insurer or insurers by competitive bids — insurer's qualifications — board to establish criteria for bid content.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 2013
376.968. Administration of pool by insurer or insurers by competitive bids — insurer's qualifications — board to establish criteria for bid content. —
The board shall select an insurer, insurers, or third-party administrators through a competitive bidding process to administer the pool. The board shall evaluate bids submitted based on criteria established by the board which shall include:
(1) The insurer's proven ability to handle individual accident and health insurance;
(2) The efficiency of the insurer's claim-paying procedures;
(3) An estimate of total charges for administering the plan;
(4) The insurer's ability to administer the pool in a cost-efficient manner.
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(L. 1990 H.B. 998 § 4 subsec. 1, A.L. 2013 S.B. 262)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.975 - Member's proportion of participation in pool to be determined annually — deficits to be recouped by proportioned assessment — amount of assessment to be offset against certain taxes.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 01 Jan 1991, see footnote
376.975. Member's proportion of participation in pool to be determined annually — deficits to be recouped by proportioned assessment — amount of assessment to be offset against certain taxes. —
Each member's proportion of participation in the pool shall be determined annually by the board based on annual statements and other reports deemed necessary by the board and filed by the member with it. Any deficit incurred by the pool shall be recouped by assessments apportioned as provided in subsections 1, 2, and 3 of section 376.973 by the board among members. The amount of assessments incurred by each member of the pool shall be allowed as an offset against certain taxes, and shall be subject to certain limitations, as follows: Each pool member subject to chapter 148 may deduct from premium taxes payable for any calendar year to the state any and all assessments paid for the same year pursuant to sections 376.960 to 376.989. All assessments, for a fiscal year, shall not exceed the net premium tax due and payable by such member in the previous year. If the assessment exceeds any premium tax due or payable in such year, the excess shall be a credit or offset carried forward against any premium tax due or payable in succeeding years until the excess is exhausted.
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(L. 1990 H.B. 998 § 5 subsec. 5 subdiv. (1)(a))
Effective 1-01-91
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.978 - Director of revenue to determine reduced amount in county foreign insurance tax fund, state treasurer to reimburse fund by reducing amount to general revenue.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 01 Jan 1991, see footnote
376.978. Director of revenue to determine reduced amount in county foreign insurance tax fund, state treasurer to reimburse fund by reducing amount to general revenue. —
The director of revenue shall determine the difference between the amount of money the state treasurer, pursuant to sections 148.350 and 148.380, is required to credit to the county foreign insurance tax fund under the provisions of sections 376.960 to 376.989 and the amount of money the state treasurer, pursuant to sections 148.350 and 148.380, would be required to credit to the county foreign insurance tax fund if sections 376.960 to 376.989 were not law. If the director determines that sections 376.960 to 376.989 reduce the amount of money that will be credited to the county foreign insurance tax fund, then the director shall inform the state treasurer of such amount and, notwithstanding sections 148.350 and 148.380, the state treasurer shall reimburse the county foreign insurance tax fund in an amount equal to such difference by reducing by the same amount the portion that would otherwise be credited to the general revenue fund.
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(L. 1990 H.B. 998 § 5 subsec. 5 subdiv. (1)(b))
Effective 1-01-91
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.980 - Pool member exempt from taxation of financial institution, may be allowed to offset against sales or use tax, when — excess of assessment over sales or use tax payable in any one year a credit in succeeding years until excess is exhausted.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 01 Jan 1991, see footnote
376.980. Pool member exempt from taxation of financial institution, may be allowed to offset against sales or use tax, when — excess of assessment over sales or use tax payable in any one year a credit in succeeding years until excess is exhausted. —
Each pool member exempt from chapter 148 shall be allowed to offset against any sales or use tax on purchases due, paid, or payable in the calendar year in which such assessments are made. Further, such assessment, for any fiscal year, shall not exceed one percent of nongroup premium income, exclusive of Medicare supplement programs, received in the previous year. If the assessment exceeds the part of any sales tax or use tax due or payable in such year, the excess shall be a credit or offset carried forward against the part of any sales tax or use tax due or payable in succeeding years until the excess is exhausted. The director of revenue, in consultation with the board, shall promulgate and enforce reasonable rules and regulations and prescribe forms for the administration and enforcement of this law.
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(L. 1990 H.B. 998 § 5 subsec. 5 subdiv. (2))
Effective 1-01-91
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.982 - Rulemaking procedure.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 1995
376.982. Rulemaking procedure. —
No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1990 H.B. 998 § 5 subsec. 5 subdiv. (2)(a)-(d), A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.984 - Abatement or deferring all or part of assessment of member, when — amount abated or deferred may be assessed against other members — deficiency liability.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 01 Jan 1991, see footnote
376.984. Abatement or deferring all or part of assessment of member, when — amount abated or deferred may be assessed against other members — deficiency liability. —
The board may abate or defer, in whole or in part, the assessment of a member if, in the opinion of the board, payment of the assessment would endanger the ability of the member to fulfill its contractual obligations. In the event an assessment against a member is abated or deferred in whole or in part, the amount by which such assessment is abated or deferred may be assessed against the other members in a manner consistent with the basis for assessment set forth in subsections 1, 2, and 3 of section 376.973. The member receiving such abatement or deferment shall remain liable to the pool for the deficiency for four years.
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(L. 1990 H.B. 998 § 5 subsec. 6)
Effective 1-01-91
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.987 - High deductible health plans and establishment of health savings plans to be offered as options — definitions — rulemaking authority.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 01 Jan 2008, see footnote
376.987. High deductible health plans and establishment of health savings plans to be offered as options — definitions — rulemaking authority. —
1. The board shall offer to all eligible persons for pool coverage under section 376.966 the option of receiving health insurance coverage through a high-deductible health plan and the establishment of a health savings account. In order for a qualified individual to obtain a high-deductible health plan through the pool, such individual shall present evidence, in a manner prescribed by regulation, to the board that he or she has established a health savings account in compliance with 26 U.S.C. Section 223, and any amendments and regulations promulgated thereto.
2. As used in this section, the term "health savings account" shall have the same meaning ascribed to it as in 26 U.S.C. Section 223(d), as amended. The term
"high-deductible health plan"
shall mean a policy or contract of health insurance or health care plan that meets the criteria established in 26 U.S.C. Section 223(c)(2), as amended, and any regulations promulgated thereunder.
3. The board is authorized to promulgate rules and regulations for the administration and implementation of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2007, shall be invalid and void.
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(L. 2007 H.B. 818)
Effective 1-01-08
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.989 - No liability, criminal or civil, for participation in pool by members.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 01 Jan 2008, see footnote
376.989. No liability, criminal or civil, for participation in pool by members. —
Neither the participation in the pool as members, the establishment of rates, forms or procedures, nor any other joint or collective action required or permitted by the provisions of sections 376.960 to 376.989 shall be the basis of any legal action, criminal or civil liability or penalty against the pool, the pool administrator, the board or any of its members, or pool employees, contractors, or consultants, or any of its members.
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(L. 1990 H.B. 998 § 7, A.L. 2007 H.B. 818)
Effective 1-01-08
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.998 - Health insurance mandate exemption for excepted benefit plans — definitions — procedure to exempt.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
Effective - 28 Aug 2016
376.998. Health insurance mandate exemption for excepted benefit plans — definitions — procedure to exempt. —
1. As used in this section, the following terms shall mean:
(1)
"Excepted benefit plan"
, a policy or certificate of insurance extending the following coverages or any combination thereof:
(a) Coverage under short-term major medical policies;
(b) Coverage only for accident, including accidental death and dismemberment, insurance;
(c) Coverage only for disability income insurance;
(d) Credit-only insurance;
(e) Other similar insurance coverage under which benefits for medical care are supplemental to other insurance benefits;
(f) Coverage only for a specified disease or illness; or
(g) Hospital indemnity or other fixed indemnity insurance;
(2)
"Health benefit plan"
,
"health care services"
,
"health carrier"
, and
"health care provider"
, the same meaning as under section 376.1350;
(3)
"Health insurance mandate"
, a requirement under state law for a health carrier to offer or provide coverage for:
(a) A treatment by a particular type of health care provider;
(b) A certain treatment or service, including procedures, medical equipment, or drugs that are used in connection with a treatment or service; or
(c) Screening, diagnosis, or treatment of a particular disease or condition;
(4)
"Notice"
, a requirement under Missouri law to disclose information regarding the availability of certain benefits or services under a health benefit plan.
2. Excepted benefit plans shall be exempt from any health insurance mandate enacted on or after August 28, 2016, unless the statute enacting such mandate expressly declares that it is applicable to excepted benefit plans as defined in this section.
3. Notwithstanding the provisions of any other law to the contrary, the director may, by bulletin, exempt a type of excepted benefit plan from notice or disclosure requirements required by statute for specific services that by custom are not covered by the particular type of excepted benefit plans being exempted.
4. This section shall apply to an excepted benefit plan to the extent the excepted benefit plan does not materially change coverage to provide for the reimbursement of health care services which extend beyond the types of health care services customarily provided by the specific type of excepted benefit plan or where the combination of coverages and benefits would otherwise meet the definition of a health benefit plan.
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(L. 2016 S.B. 833)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.1000 - Multiple employer self-insured health plan, defined.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 1993
376.1000. Multiple employer self-insured health plan, defined. —
1. As used in sections 376.1000 to 376.1045, a
"multiple employer self-insured health plan"
is any plan or arrangement which is not fully insured and which is either:
(1) Offered by a staff or employee leasing company; or
(2) Established or maintained for the purpose of offering or providing health, dental or short-term disability benefits to employees of two or more employers.
2. A plan or arrangement is considered fully insured only if an insurer licensed to transact business in this state retains the ultimate responsibility for all benefits payable by a contract or policy of insurance.
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(L. 1993 H.B. 709 § 22)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.1002 - Certificate of authority required — penalty for noncompliance — law inapplicable, when — exempt organizations.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 1993
376.1002. Certificate of authority required — penalty for noncompliance — law inapplicable, when — exempt organizations. —
1. It is unlawful for any multiple employer self-insured health plan to transact business in this state without a certificate of authority issued by the director of the department of commerce and insurance. Any of the acts described in subsection 2 of section 375.786, effected by mail or otherwise, by or on behalf of a multiple employer self-insured health plan, constitutes the transaction of business in this state.
2. Any multiple employer self-insured health plan which transacts business in this state without the certificate of authority required by sections 376.1000 to 376.1045 is considered to be an unauthorized insurer within the meaning of section 375.786, and all remedies and penalties prescribed in section 375.786 shall be fully applicable.
3. Sections 376.1000 to 376.1045 do not apply to:
(1) Any plan or arrangement established or maintained by municipalities, counties, or other political subdivisions of the state pursuant to sections 537.620 to 537.650;
(2) Any multiple employer self-insured health plan which is not subject to the application of state insurance laws under the provisions of the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001, et seq.; or
(3) Any person or entity found by operation of the provisions of section 374.194 not to be subject to the jurisdiction of the department of commerce and insurance.
4. A multiple employer self-insured health plan which was in existence prior to August 28, 1993, and which is associated with or organized or sponsored by a homogenous association exempt from taxation under 26 U.S.C. 501(c)(6) and controlled by a board of directors a majority of whom are members of the association, is exempt from the requirements of sections 376.1000 to 376.1045 and the insurance laws of this state. To prove exemption from taxation under 26 U.S.C. 501(c)(6), the association shall provide to the director a certificate issued by the United States Internal Revenue Service demonstrating the association's tax exempt status.
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(L. 1993 H.B. 709 § 23)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.1005 - Application for certificate of authority, form — fee — policy or other evidence of coverage provided to employees, form.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 1993
376.1005. Application for certificate of authority, form — fee — policy or other evidence of coverage provided to employees, form. —
1. Application for a certificate of authority shall be made on forms prescribed by the director of the department of commerce and insurance. No multiple employer self-insured health plan may hold or obtain a certificate of authority unless it had not less than two hundred fifty covered employees during the preceding calendar quarter.
2. Not later than March first of each year, every multiple employer self-insured health plan shall pay to the director a license fee equal to two percent of the Missouri claims paid by the plan during the immediately preceding calendar year. All the funds collected by the director shall be deposited in the Missouri department of commerce and insurance dedicated fund.
3. Within forty-five days from the date coverage commences, the plan shall issue to each covered employee a policy, contract, certificate, summary plan description or other evidence of the benefits and coverages provided. This evidence of the benefits and coverages provided shall contain in boldfaced print in a conspicuous location, the following statement:
"The benefits and coverages described herein are provided through a trust fund established and funded by a group of employers. The benefits and coverages are not fully insured by an insurer licensed to do business in the state of Missouri and are therefore not protected by the Missouri Life and Health Guaranty Association".
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(L. 1993 H.B. 709 § 24)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.1007 - Plan to file copy of bylaws, coverage and agreements with director.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
• Effective - 28 Aug 1993
376.1007. Plan to file copy of bylaws, coverage and agreements with director. —
At the time application for a certificate of authority is made, the multiple employer self-insured health plan shall file with the director a copy of the plan's bylaws, all schedules of benefits, and all management, administration, and trust agreements which the plan has made or proposes to make for the conduct of its business and affairs. Any proposed changes or amendments to the foregoing shall also be filed with the director at least sixty days prior to the proposed effective date.
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(L. 1993 H.B. 709 § 25)