reglab/statecodes huggingface dataset:
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 83-71-3 - Applicability of Sections 83-71-1 through 83-71-15 to health carriers and insurance professionals issuing or renewing health insurance policies or certificates of health insurance in Mississippi

Sections
83-71-1
through
83-71-15
apply to all health carriers and insurance professionals involved in issuing or renewing in this state a policy or certificate of health insurance.
Laws, 2010, ch. 455, § 2, eff. 7/1/2010.
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 83-71-9 - Health carrier or insurance professional taking adverse action on the basis of a medical condition health carrier or insurance professional knows is abuse-related required to provide explanation for action

A health carrier or insurance professional that takes an action that adversely affects an applicant or insured on the basis of a medical condition that the health carrier or insurance professional knows or has reason to know is abuse-related shall explain the reason for its action to the applicant or insured in writing and shall be able to demonstrate that its action, and any applicable plan provision:
(a)
Does not have the purpose or effect of treating abuse status as a medical condition or underwriting criterion;
(b)
Is not based upon any actual or perceived correlation between a medical condition and abuse;
(c)
Is otherwise permissible by law and applies in the same manner and to the same extent to all applicants and insureds with a similar medical condition without regard to whether the condition or claim is abuse-related; and
(d)
Except for claim actions, is based on a determination, made in conformance with sound actuarial principles and supported by reasonable statistical evidence, that there is a correlation between the medical condition and a material increase in insurance risk.
Laws, 2010, ch. 455, § 5, eff. 7/1/2010.
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 83-71-11 - Health carriers to develop and adhere to written policies to protect the safety and privacy of subjects of abuse

Health carriers shall develop and adhere to written policies specifying procedures to be followed by employees and by insurance professionals they contract with for the purpose of protecting the safety and privacy of a subject of abuse and shall otherwise implement the provisions of Sections
83-71-1
through
83-71-15
when taking an application, investigating a claim, pursuing subrogation or taking any other action relating to a policy or claim involving a subject of abuse. Insurers shall distribute their written policies to employees and insurance professionals.
Laws, 2010, ch. 455, § 6, eff. 7/1/2010.
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 83-71-13 - Investigation of written, signed complaints; adjudicatory proceeding; penalties for violations of Sections 83-71-1 through 83-71-15

The commissioner shall conduct a reasonable investigation based on a written and signed complaint received by the commissioner and shall issue a prompt determination as to whether a violation of Sections
83-71-1
through
83-71-15
may have occurred. If the commissioner finds from the investigation that a violation of Sections
83-71-1
through
83-71-15
may have occurred, the commissioner shall promptly begin an adjudicatory proceeding. The commissioner may address a violation through means appropriate to the nature and extent of the violation, which may include suspension or revocation of certificates of authority or licenses, imposition of civil penalties, issuance of cease and desist orders, injunctive relief, a requirement for restitution, referral to prosecutorial authorities or any combination of these. The powers and duties set forth in this section are in addition to all other authority of the commissioner.
Laws, 2010, ch. 455, § 7, eff. 7/1/2010.
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 83-71-15 - Applicability of Sections 83-71-1 through 83-71-15 to certain health benefit plans and certain applications for coverage under health benefit plans

Sections
83-71-1
through
83-71-15
apply to every health benefit plan or plan that is issued, reissued, renewed or continued on or after July 1, 2010, and to every application that is submitted on or after July 1, 2010, for coverage under a health benefit plan or plan.
Laws, 2010, ch. 455, § 8, eff. 7/1/2010.
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 LIFE INSURANCE (§§ 83-71-51 — 83-71-65) › Section 83-71-51 - Purpose

The purpose of Sections
83-71-51
through
83-71-65
is to prohibit unfair discrimination by life insurers or insurance professionals on the basis of abuse status. Nothing in Sections
83-71-51
through
83-71-65
shall be construed to create or imply a private cause of action for a violation of Sections
83-71-51
through
83-71-65
.
Laws, 2010, ch. 455, § 9, eff. 7/1/2010.
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 LIFE INSURANCE (§§ 83-71-51 — 83-71-65) › Section 83-71-53 - Applicability of Sections 83-71-51 through 83-71-65 to life insurers and insurance professionals issuing or renewing life insurance policies or certificates of life insurance in Mississippi

Sections
83-71-51
through
83-71-65
apply to all life insurers and insurance professionals involved in issuing or renewing in this state a policy or certificate of life insurance.
Laws, 2010, ch. 455, § 10, eff. 7/1/2010.
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 LIFE INSURANCE (§§ 83-71-51 — 83-71-65) › Section 83-71-55 - Definitions

As used in Sections
83-71-51
through
83-71-65
, unless the context clearly indicates otherwise:
(a)
"Abuse" means the occurrence of one or more of the following acts by a current or former family member, household member, intimate partner or caretaker:
(i)
Attempting to cause or intentionally, knowingly or recklessly causing another person bodily injury, physical harm, severe emotional distress, psychological trauma, rape, sexual assault or involuntary sexual intercourse;
(ii)
Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person without proper authority, under circumstances that place the person in reasonable fear of bodily injury or physical harm;
(iii)
Subjecting another person to false imprisonment; or
(iv)
Attempting to cause or intentionally, knowingly or recklessly causing damage to property so as to intimidate or attempt to control the behavior of another person.
(b)
"Abuse-related medical condition" means a medical condition sustained by a subject of abuse which arises, in whole or in part, out of abuse.
(c)
"Abuse status" means the fact or perception that a person is, has been or may be a subject of abuse, irrespective of whether the person has sustained abuse-related medical conditions.
(d)
"Commissioner" means the Commissioner of Insurance of the State of Mississippi.
(e)
"Confidential abuse information" means information about acts of abuse or abuse status of a subject of abuse, the address and telephone number (home and work) of a subject of abuse or the status of an applicant or insured as a family member, employer or associate of, or a person in a relationship with, a subject of abuse.
(f)
"Insurance professional" means an agent, insurance producer, adjuster or third-party administrator as defined in the insurance laws of this state.
(g)
"Insured" means the person whose life is covered under an insurance policy.
(h)
"Insurer" means a person or other legal entity engaged in the business of life insurance in this state.
(i)
"Policy" or "certificate" means a contract of insurance or annuity including endorsements, riders or binders issued, proposed for issuance or intended for issuance by an insurer or insurance professional.
(j)
"Subject of abuse" means a person: against whom an act of abuse has been directed; who has current or prior injuries, illnesses or disorders that resulted from abuse; or who seeks, may have sought or had reason to seek medical or psychological treatment for abuse or protection, court-ordered protection or shelter from abuse.
Laws, 2010, ch. 455, § 11, eff. 7/1/2010.
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 LIFE INSURANCE (§§ 83-71-51 — 83-71-65) › Section 83-71-59 - Insurer or insurance professional taking adverse action on the basis of a medical condition insurer or insurance professional knows is abuse-related required to provide explanation for action

An insurer or insurance professional that takes an action that adversely affects an applicant or insured on the basis of a medical condition that the insurer or insurance professional knows or has reason to know is abuse-related shall explain the reason for its action to the applicant or insured in writing and shall be able to demonstrate that its action, and any applicable policy provision:
(a)
Does not have the purpose or effect of treating abuse status as a medical condition or underwriting criterion;
(b)
Is not based upon any actual or perceived correlation between a medical condition and abuse;
(c)
Is otherwise permissible by law and applies in the same manner and to the same extent to all applicants and insureds with a similar medical condition without regard to whether the condition or claim is abuse-related; and
(d)
Except for claims actions, is based on a determination, made in conformance with sound actuarial principles and otherwise supported by actual or reasonably anticipated experience, that there is a correlation between the medical condition and a material increase in insurance risk.
Laws, 2010, ch. 455, § 13, eff. 7/1/2010.
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 LIFE INSURANCE (§§ 83-71-51 — 83-71-65) › Section 83-71-61 - Insurers to develop and adhere to written policies to protect the safety and privacy of subjects of abuse

Insurers shall develop and adhere to written policies specifying procedures to be followed by employees and by insurance professionals with which they contract for the purpose of protecting the safety and privacy of a subject of abuse and shall otherwise implement the provisions of Sections
83-71-51
through 83 71-65 when taking an application, investigating a claim, pursuing subrogation or taking any other action relating to a policy or claim involving a subject of abuse. Insurers shall distribute their written policies to employees and insurance professionals.
Laws, 2010, ch. 455, § 14, eff. 7/1/2010.
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 LIFE INSURANCE (§§ 83-71-51 — 83-71-65) › Section 83-71-63 - Investigation of written, signed complaints; adjudicatory proceeding; penalties for violations of Sections 83-71-51 through 83-71-65

The commissioner shall conduct a reasonable investigation based on a written and signed complaint received by the commissioner and shall issue a prompt determination as to whether a violation of Sections
83-71-51
through
83-71-65
may have occurred. If the commissioner finds from the investigation that a violation of Sections
83-71-51
through
83-71-65
may have occurred, the commissioner shall promptly begin an adjudicatory proceeding. The commissioner may address a violation through means appropriate to the nature and extent of the violation, which may include suspension or revocation of certificates of authority or licenses, imposition of civil penalties, issuance of cease and desist orders, injunctive relief, a requirement for restitution, referral to prosecutorial authorities or any combination of these. The powers and duties set forth in this section are in addition to all other authority of the commissioner.
Laws, 2010, ch. 455, § 15, eff. 7/1/2010.
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 LIFE INSURANCE (§§ 83-71-51 — 83-71-65) › Section 83-71-65 - Applicability of Sections 83-71-51 through 83-71-65 to certain policies or certificates of life insurance and certain applications for coverage under a policy or certificate of life insurance

Sections
83-71-51
through 83 71-65 apply to every policy or certificate that is issued, reissued, renewed or continued on or after July 1, 2010, and to every application that is submitted on or after July 1, 2010, for coverage under a policy or certificate.
Laws, 2010, ch. 455, § 16, eff. 7/1/2010.
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 DISABILITY INCOME INSURANCE (§§ 83-71-101 — 83-71-115) › Section 83-71-101 - Purpose

The purpose of Sections
83-71-101
through
83-71-115
is to prohibit unfair discrimination by disability income insurers and insurance professionals on the basis of abuse status. Nothing in Sections
83-71-101
through
83-71-115
shall be construed to create or imply a private cause of action for a violation of Sections
83-71-101
through
83-71-115
.
Laws, 2010, ch. 455, § 17, eff. 7/1/2010.
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 DISABILITY INCOME INSURANCE (§§ 83-71-101 — 83-71-115) › Section 83-71-103 - Applicability of Sections 83-71-101 through 83-71-115 to disability income insurers and insurance professionals issuing or renewing policies or certificates of disability income insurance in Mississippi

Sections
83-71-101
through
83-71-115
apply to all disability income insurers and insurance professionals involved in issuing or renewing in this state a policy or certificate of disability income insurance.
Laws, 2010, ch. 455, § 18, eff. 7/1/2010.
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 DISABILITY INCOME INSURANCE (§§ 83-71-101 — 83-71-115) › Section 83-71-105 - Definitions

As used in Sections
83-71-101
through
83-71-115
, unless the context clearly indicates otherwise:
(a)
"Abuse" means the occurrence of one or more of the following acts by a current or former family member, household member, intimate partner or caretaker:
(i)
Attempting to cause or intentionally, knowingly or recklessly causing another person bodily injury, physical harm, severe emotional distress, psychological trauma, rape, sexual assault or involuntary sexual intercourse;
(ii)
Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person without proper authority, under circumstances that place the person in reasonable fear of bodily injury or physical harm;
(iii)
Subjecting another person to false imprisonment; or
(iv)
Attempting to cause or intentionally, knowingly or recklessly causing damage to property so as to intimidate or attempt to control the behavior of another person.
(b)
"Abuse-related medical condition" means a medical condition sustained by a subject of abuse which arises in whole or in part out of abuse.
(c)
"Abuse status" means the fact or perception that a person is, has been or may be a subject of abuse, irrespective of whether the person has sustained abuse-related medical conditions.
(d)
"Commissioner" means the Commissioner of Insurance of the State of Mississippi.
(e)
"Confidential abuse information" means information about acts of abuse or abuse status of a subject of abuse, the address and telephone number (home and work) of a subject of abuse or the status of an applicant or insured as a family member, employer or associate of, or a person in a relationship with, a subject of abuse.
(f)
"Insurance professional" means an agent, insurance producer, adjuster or third-party administrator as defined in the insurance laws of this state.
(g)
"Insured" means a party named on a disability income policy or certificate as the person with legal rights to the benefits provided by the policy or certificate. For group insurance, "insured" includes a person who is a beneficiary covered by a group policy or certificate.
(h)
"Insurer" means a person or other legal entity engaged in the business of disability income insurance in this state.
(i)
"Policy" or "certificate" means a contract of insurance or indemnity, including endorsements, riders or binders issued, proposed for issuance or intended for issuance by an insurer or insurance professional.
(j)
"Subject of abuse" means a person: against whom an act of abuse has been directed; who has current or prior injuries, illnesses or disorders that resulted from abuse; or who seeks, may have sought or had reason to seek medical or psychological treatment for abuse or protection, court-ordered protection or shelter from abuse.
Laws, 2010, ch. 455, § 19, eff. 7/1/2010.
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 DISABILITY INCOME INSURANCE (§§ 83-71-101 — 83-71-115) › Section 83-71-109 - Insurer or insurance professional taking adverse action on the basis of a medical condition insurer or insurance professional knows is abuse-related required to provide explanation for action

An insurer or insurance professional that takes an action that adversely affects an applicant or insured on the basis of a medical condition that the insurer or insurance professional knows or has reason to know is abuse-related shall explain the reason for its action to the applicant or insured in writing and shall be able to demonstrate that its action and any applicable policy provision:
(a)
Does not have the purpose or effect of treating abuse status as a medical condition or underwriting criterion;
(b)
Is not based upon any actual or perceived correlation between a medical condition and abuse;
(c)
Is otherwise permissible by law and applies in the same manner and to the same extent to all applicants and insureds with a similar medical condition or disability without regard to whether the condition is abuse-related; and
(d)
Except for claims actions, is based on a determination, made in conformance with sound actuarial principles and otherwise supported by actual or reasonably anticipated experience, that there is a correlation between the medical condition and a material increase in insurance risk.
Laws, 2010, ch. 455, § 21, eff. 7/1/2010.
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 DISABILITY INCOME INSURANCE (§§ 83-71-101 — 83-71-115) › Section 83-71-111 - Insurers to develop and adhere to written policies to protect the safety and privacy of subjects of abuse

Insurers shall develop and adhere to written policies specifying procedures to be followed by employees and by insurance professionals they contract with for the purpose of protecting the safety and privacy of a subject of abuse and shall otherwise implement the provisions of Sections
83-71-101
through
83-71-115
when taking an application, investigating a claim, pursuing subrogation or taking any other action relating to a policy or claim involving a subject of abuse. Insurers shall distribute their written policies to employees and insurance professionals.
Laws, 2010, ch. 455, § 22, eff. 7/1/2010.
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 DISABILITY INCOME INSURANCE (§§ 83-71-101 — 83-71-115) › Section 83-71-113 - Investigation of written, signed complaints; adjudicatory proceeding; penalties for violations of Sections 83-71-101 through 83-71-115

The commissioner shall conduct a reasonable investigation based on a written and signed complaint received by the commissioner and shall issue a prompt determination as to whether a violation of Sections
83-71-101
through
83-71-115
may have occurred. If the commissioner finds from the investigation that a violation of Sections
83-71-101
through
83-71-115
may have occurred, the commissioner shall promptly begin an adjudicatory proceeding. The commissioner may address a violation through means appropriate to the nature and extent of the violation, which may include suspension or revocation of certificates of authority or licenses, imposition of civil penalties, issuance of cease and desist orders, injunctive relief, a requirement for restitution, referral to prosecutorial authorities or any combination of these. The powers and duties set forth in this section are in addition to all other authority of the commissioner.
Laws, 2010, ch. 455, § 23, eff. 7/1/2010.
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 DISABILITY INCOME INSURANCE (§§ 83-71-101 — 83-71-115) › Section 83-71-115 - Applicability of Sections 83-71-101 through 83-71-115 to certain policies or certificates of disability income insurance and certain applications for coverage under a policy or certificate of disability income insurance

Sections
83-71-101
through
83-71-115
apply to every policy or certificate that is issued, reissued, renewed or continued on or after July 1, 2010, and to every application that is submitted on or after July 1, 2010, for coverage under a policy or certificate.
Laws, 2010, ch. 455, § 24, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 73 - PORTABLE ELECTRONICS INSURANCE (§§ 83-73-1 — 83-73-15) › Section 83-73-1 - Definitions

For purposes of this chapter, the following terms have the following meanings:
(a)
"Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity.
(b)
"Commissioner" means the Commissioner of Insurance for the State of Mississippi.
(c)
"Customer" means a person who purchases portable electronics or services.
(d)
"Enrolled customer" means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics.
(e)
"Location" means any physical location in the State of Mississippi or any website, call center site or similar location directed to residents of the State of Mississippi.
(f)
"Portable electronics" means electronic devices that are portable in nature, their accessories and services related to the use of the device.
(g)
(i)
"Portable electronics insurance" means insurance providing coverage for the repair or replacement of portable electronics which may provide coverage for portable electronics against any one or more of the following causes of loss: loss, theft, inoperability due to mechanical failure, malfunction, damage or other similar causes of loss. The insurance shall not exceed Seven Thousand Five Hundred Dollars ($7,500.00).
(ii)
"Portable electronics insurance" does not include:
1.
A service contract governed by Section
75-24-91
;
2.
A policy of insurance covering a seller's or a manufacturer's obligations under a warranty; or
3.
A homeowner's, renter's, private passenger automobile, commercial multiperil or similar policy.
(h)
"Portable electronics transaction" means:
(i)
The sale or lease of portable electronics by a vendor to a customer; or
(ii)
The sale of a service related to the use of portable electronics by a vendor to a customer.
(i)
"Portable electronics insurance producer" means a business entity required to be licensed under the laws of this state to sell, solicit or negotiate portable electronics insurance.
(j)
"Subsidiary corporation" means any corporation in which a majority of the voting stock is owned, directly or indirectly, by another corporation.
(k)
"Supervising entity" means a business entity that is a licensed insurer or insurance producer that is authorized by an insurer to supervise the administration of a portable electronics insurance program.
(l)
"Vendor" means a business entity in the business of selling, soliciting or negotiating portable electronics transactions directly or indirectly.
Laws, 2012, ch. 449, § 1, eff. 1/1/2013.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 73 - PORTABLE ELECTRONICS INSURANCE (§§ 83-73-1 — 83-73-15) › Section 83-73-3 - Licensure of vendors

(1)
A vendor is required to hold a portable electronics insurance producer license to sell, solicit or negotiate coverage under a policy of portable electronics insurance.
(2)
A portable electronics insurance producer license issued under this chapter shall authorize any employee, subsidiary corporation or authorized representative of the vendor to sell, solicit or negotiate coverage under a policy of portable electronics insurance to a customer at each location at which the vendor engages in portable electronics transactions.
(3)
Notwithstanding any other provision of law, a license issued pursuant to this section shall authorize the licensee and its employees or authorized representatives to engage in those activities that are permitted in this section.
Laws, 2012, ch. 449, § 2, eff. 1/1/2013.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 73 - PORTABLE ELECTRONICS INSURANCE (§§ 83-73-1 — 83-73-15) › Section 83-73-5 - Requirements for sale of portable electronics insurance

(1)
At every location where portable electronics insurance is sold, solicited or negotiated to customers, brochures or other written materials shall be made available to a prospective customer which:
(a)
Disclose that portable electronics insurance may provide a duplication of coverage already provided by a customer's homeowner's insurance policy, renter's insurance policy or other source of coverage;
(b)
State that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics or services;
(c)
Summarize the material terms of the insurance coverage, including:
(i)
The identity of the insurer;
(ii)
The identity of the supervising entity;
(iii)
The amount of any applicable deductible and how it is to be paid;
(iv)
Benefits of the coverage; and
(v)
Key terms and conditions of coverage such as whether portable electronics may be repaired or replaced with similar make and model reconditioned or nonoriginal manufacturer parts or equipment;
(d)
Summarize the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable in the event the customer fails to comply with any equipment return requirements; and
(e)
State that an enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person paying the premium shall receive a refund of any applicable unearned premium.
(2)
Portable electronics insurance may be offered on a month-to-month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for its enrolled customers.
(3)
Eligibility and underwriting standards for customers electing to enroll in coverage shall be established for each portable electronics insurance program.
Laws, 2012, ch. 449, § 3, eff. 1/1/2013.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 73 - PORTABLE ELECTRONICS INSURANCE (§§ 83-73-1 — 83-73-15) › Section 83-73-9 - Suspension or revocation of license; funding of agency expenses; deposit of monies into State General Fund

(1)
If a vendor of portable electronics or its employee, subsidiary corporation or authorized representative violates any provision of this section, the commissioner may do any of the following:
(a)
After notice and hearing, impose fines not to exceed One Thousand Dollars ($1,000.00) per violation or Thirty Thousand Dollars ($30,000.00) in the aggregate for such violations and such penalty shall be deposited into the special fund of the State Treasury designated as the "Insurance Department Fund."
(b)
After notice and hearing, impose other penalties that the commissioner deems necessary and reasonable to carry out the purpose of this chapter, including, but not limited to:
(i)
Suspending the privilege of transacting portable electronics insurance pursuant to this section at specific business locations where violations have occurred;
(ii)
Suspending or revoking the ability of individual employees, subsidiary corporations or authorized representatives to act under the license; and
(iii)
Placing on probation, suspending or revoking the license of the portable electronics insurance producer.
(2)
From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
(3)
From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
Laws, 2012, ch. 449, § 5, eff. 1/1/2013.
Amended by Laws, 2016, ch. 459, SB 2362, 35, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 73 - PORTABLE ELECTRONICS INSURANCE (§§ 83-73-1 — 83-73-15) › Section 83-73-13 - Application for license and fees

(1)
A sworn application for a license under this chapter shall be filed with the Mississippi Insurance Department on forms prescribed and furnished by the department.
(2)
Portable electronics insurance producer licenses issued pursuant to this chapter shall continue from the date of issuance until December 31 in the second year following issuance or renewal of the license, with a minimum term of thirteen (13) months.
(3)
Each vendor of portable electronics licensed under this chapter shall pay to the Mississippi Insurance Department a fee of Five Thousand Dollars ($5,000.00).
Laws, 2012, ch. 449, § 7, eff. 1/1/2013.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 73 - PORTABLE ELECTRONICS INSURANCE (§§ 83-73-1 — 83-73-15) › Section 83-73-15 - Rules and regulations

The commissioner may promulgate reasonable rules and regulations to implement this chapter.
Laws, 2012, ch. 449, § 8, eff. 1/1/2013.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 75 - HOMEOWNERS INSURANCE DISCOUNT FOR HURRICANE OR WINDSTORM DAMAGE MITIGATION (§§ 83-75-1 — 83-75-7) › Section 83-75-5 - Definitions

For the purposes of this chapter, the term "insurable property" includes single-family residential and commercial property. "Insurable property" also includes modular homes satisfying the codes, standards, or techniques as provided in Section
83-75-1
or
83-75-3
. Manufactured homes or mobile homes are excluded from "insurable property," except as expressly provided in Section
83-75-3(3)
.
Laws, 2012, ch. 443, § 3, eff. 7/1/2012.
Amended by Laws, 2020, ch. 342, SB 2709,§ 3, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 75 - HOMEOWNERS INSURANCE DISCOUNT FOR HURRICANE OR WINDSTORM DAMAGE MITIGATION (§§ 83-75-1 — 83-75-7) › Section 83-75-7 - Rules and regulations

The Commissioner of Insurance shall promulgate such rules and regulations as are necessary to implement and administer this chapter.
Laws, 2012, ch. 443, § 4, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 77 - HEALTH CARE SHARING MINISTRIES (§ 83-77-1) › Section 83-77-1 - Health care sharing ministry defined; health care sharing ministry not to be considered to be engaged in business of insurance

(1)
This chapter shall be known as the "Health Care Sharing Ministries Freedom to Share Act."
(2)
A health care sharing ministry shall not be considered to be engaging in the business of insurance for purposes of this Title 83, Mississippi Code of 1972.
(3)
"Health care sharing ministry" means a faith-based, nonprofit organization that is tax exempt under the Internal Revenue Code which:
(a)
Limits its participants to those who are of a similar faith;
(b)
Acts as a facilitator among participants who have financial or medical needs and matches those participants with other participants with the present ability to assist those with financial or medical needs in accordance with criteria established by the health care sharing ministry;
(c)
Provides for the financial or medical needs of a participant through contributions from one (1) participant to another;
(d)
Provides amounts that participants may contribute with no assumption of risk or promise to pay among the participants and no assumption of risk or promise to pay by the health care sharing ministry to the participants;
(e)
Provides a written monthly statement to all participants that lists the total dollar amount of qualified needs submitted to the health care sharing ministry, as well as the amount actually published or assigned to participants for their contribution; and
(f)
Provides a written disclaimer on or accompanying all applications and guideline materials distributed by or on behalf of the organization that reads, in substance: "Notice: The organization facilitating the sharing of medical expenses is not an insurance company, and neither its guidelines nor plan of operation is an insurance policy. Whether anyone chooses to assist you with your medical bills will be totally voluntary because no other participant will be compelled by law to contribute toward your medical bills. As such, participation in the organization or a subscription to any of its documents should never be considered to be insurance. Regardless of whether you receive any payment of medical expenses or whether this organization continues to operate, you are always personally responsible for the payment of your own medical bills."
Added by Laws, 2014, ch. 377, HB 611, 1, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 79 - PROPERTY INSURANCE CLARITY ACT (§§ 83-79-1 — 83-79-13) › Section 83-79-1 - [Repealed]

Added by Laws, 2015, ch. 322, § 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 79 - PROPERTY INSURANCE CLARITY ACT (§§ 83-79-1 — 83-79-13) › Section 83-79-3 - [Repealed]

Added by Laws, 2015, ch. 322, § 2, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 79 - PROPERTY INSURANCE CLARITY ACT (§§ 83-79-1 — 83-79-13) › Section 83-79-5 - [Repealed]

Added by Laws, 2015, ch. 322, § 3, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 79 - PROPERTY INSURANCE CLARITY ACT (§§ 83-79-1 — 83-79-13) › Section 83-79-7 - [Repealed]

Added by Laws, 2015, ch. 322, § 4, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 79 - PROPERTY INSURANCE CLARITY ACT (§§ 83-79-1 — 83-79-13) › Section 83-79-9 - [Repealed]

Added by Laws, 2015, ch. 322, § 5, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 79 - PROPERTY INSURANCE CLARITY ACT (§§ 83-79-1 — 83-79-13) › Section 83-79-11 - [Repealed]

Added by Laws, 2015, ch. 322, § 6, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 79 - PROPERTY INSURANCE CLARITY ACT (§§ 83-79-1 — 83-79-13) › Section 83-79-13 - Repeal of chapter

This chapter shall stand repealed from and after July 1, 2022.
Added by Laws, 2015, ch. 322, § 7, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 81 - MISSISSIPPI DIRECT PRIMARY CARE ACT (§§ 83-81-1 — 83-81-11) › Section 83-81-1 - Short title

This chapter shall be known as the "Mississippi Direct Primary Care Act."
Added by Laws, 2015, ch. 369, § 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 81 - MISSISSIPPI DIRECT PRIMARY CARE ACT (§§ 83-81-1 — 83-81-11) › Section 83-81-3 - Definitions

As used in this chapter, the following words and phrases have the meanings as defined in this section unless the context clearly indicates otherwise:
(a)
"Primary care provider" means an individual or other legal entity that is licensed, registered or otherwise authorized to provide primary care services in this state under Chapter 25, Title 73, Mississippi Code of 1972. Primary care provider includes an individual or other legal entity alone or with others professionally associated with the individual or other legal entity.
(b)
"Direct primary care agreement" means a contract between a primary care provider and an individual patient or his or her legal representative or between a primary care provider and an employer on behalf of its employees in which the primary care provider agrees to provide primary care services to the individual patient for an agreed-upon fee and period of time.
(c)
"Direct primary care service" means a service that is provided by charging a periodic fee-for-services; not billing any third parties on a fee-for-service basis for the individual covered by the direct primary care agreement; and allowing for a per visit fee to be charged to the patient at the time of service.
(d)
"Primary care service" includes, but is not limited to, the screening, assessment, diagnosis, and treatment for the purpose of promotion of health or the detection and management of disease or injury within the competency, training, and scope of the primary care provider. This may also include fees for advanced technology or techniques used within the practice that may offer benefits for improved patient engagement.
Added by Laws, 2015, ch. 369, § 2, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 81 - MISSISSIPPI DIRECT PRIMARY CARE ACT (§§ 83-81-1 — 83-81-11) › Section 83-81-5 - Direct primary care agreement not an insurance product

A direct primary care agreement shall not be considered to be an insurance product nor shall the primary care provider be considered to be engaging in the business of insurance for the purpose of this Title 83, Mississippi Code of 1972.
Added by Laws, 2015, ch. 369, § 3, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 81 - MISSISSIPPI DIRECT PRIMARY CARE ACT (§§ 83-81-1 — 83-81-11) › Section 83-81-7 - Primary care provider not required to obtain license under this chapter to market or sell direct primary care agreement

A primary care provider or agent of a primary care provider is not required to obtain a certificate of authority or license under this chapter to market, sell, or offer to sell a direct primary care agreement.
Added by Laws, 2015, ch. 369, § 4, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 81 - MISSISSIPPI DIRECT PRIMARY CARE ACT (§§ 83-81-1 — 83-81-11) › Section 83-81-9 - Direct primary care agreement requirements; disclaimer

To offer a direct primary care service, the primary care provider must obtain a completed direct primary care agreement for each patient obtaining direct primary care services. In order to be considered a direct primary care agreement for the purposes of this section, the direct primary care agreement must meet all of the following requirements:
(a)
Be in writing;
(b)
Be signed by the individual patient or his or her legal representative and be made available for the records of the primary care provider or agent of the primary care provider;
(c)
Allow either party to terminate the agreement on written notice to the other party;
(d)
Describe the scope of primary care services that are covered by the periodic fee;
(e)
Specify the periodic fee for ongoing care under the agreement;
(f)
Specify the duration of the agreement, any automatic renewal periods, and prohibit the prepayment of the agreement. Upon discontinuing the agreement, all unearned funds, as determined by the lesser of normal undiscounted fee-for-service charges that would have been billed in place of the agreement or the remainder of the membership contract, are returned to the patient. Upon termination of the agreement, the patient shall not be liable for the remainder of payment associated with the agreement or membership contract. However, the patient shall be responsible for the true cost of services rendered regardless of when the contract is terminated.
(g)
Prominently state in writing the following:
(i)
That the agreement is not health insurance;
(ii)
That the agreement standing alone does not satisfy the health benefit requirements as established in the federal Affordable Care Act; and
(iii)
That, without adequate insurance coverage in addition to this agreement, the patient may be subject to fines and penalties associated with the federal Affordable Care Act.
Added by Laws, 2015, ch. 369, § 5, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 81 - MISSISSIPPI DIRECT PRIMARY CARE ACT (§§ 83-81-1 — 83-81-11) › Section 83-81-11 - Acceptance or discontinuation of patients

Those primary care providers who offer direct primary care services to their patients may not decline to accept new direct primary care patients or discontinue care to existing patients solely because of the patient's health status. A direct primary care provider may decline to accept a patient if the practice has reached its maximum capacity, or if the patient's medical condition is such that the provider is unable to provide the appropriate level and type of primary care services the patient requires. So long as the direct primary care provider provides the patient notice and opportunity to obtain care from another physician, the direct primary care provider may discontinue care for direct primary care patients if:
(a)
The patient fails to pay the periodic fee;
(b)
The patient has performed an act of fraud;
(c)
The patient repeatedly fails to adhere to the recommended treatment plan;
(d)
The patient is abusive and presents an emotional or physical danger to the staff or other patients of the direct practice;
(e)
The direct primary care provider discontinues operation as a direct primary care provider; or
(f)
The direct primary care physician feels that the relationship is no longer therapeutic for the patient due to a dysfunctional physician/patient relationship.
Added by Laws, 2015, ch. 369, § 6, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 83 - TRAVEL INSURANCE ACT (§§ 83-83-1 — 83-83-15) › Section 83-83-1 - Short title

This chapter shall be known as the "Travel Insurance Act."
Amended by Laws, 2022, ch. 357, HB 160,§ 1, eff. 7/1/2022.
Added by Laws, 2015, ch. 347, § 1, eff. 1/1/2016.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 83 - TRAVEL INSURANCE ACT (§§ 83-83-1 — 83-83-15) › Section 83-83-2 - Scope and purposes

(1)
The purpose of this chapter is to promote the public welfare by creating a comprehensive legal framework within which travel insurance may be sold in this state.
(2)
The requirements of this chapter shall apply to travel insurance which covers any resident of this state, sold, solicited, negotiated, or offered in this state and where policies and certificates are delivered or issued for delivery in this state. It shall not apply to cancellation fee waivers and travel assistance services, except as expressly provided herein.
(3)
All other applicable provisions of this state's insurance laws shall continue to apply to travel insurance, except that the specific provisions of this chapter shall supersede any general provisions of law that would otherwise be applicable to travel insurance.
Added by Laws, 2022, ch. 357, HB 160,§ 2, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 83 - TRAVEL INSURANCE ACT (§§ 83-83-1 — 83-83-15) › Section 83-83-6 - Premium tax

(1)
A travel insurer shall pay a premium tax, as provided in Section
27-15-103
or Section
27-15-109
, on travel insurance premiums paid by any of the following:
(a)
An individual primary policyholder who is a resident of this state;
(b)
A primary certificate holder who is a resident of this state who elects coverage under a group travel insurance policy; or
(c)
A blanket travel insurance policyholder that is a resident in, or has its principal place of business or the principal place of business of an affiliate or subsidiary that has purchased blanket travel insurance in, this state for eligible blanket group members, subject to any apportionment rules which apply to the insurer across multiple taxing jurisdictions or that permits the insurer to allocate premium on an apportioned basis in a reasonable and equitable manner in those jurisdictions.
(2)
A travel insurer shall:
(a)
Document the state of residence or principal place of business of the policyholder or certificate holder, as required in subsection (1) of this section; and
(b)
Report as premium only the amount allocable to travel insurance and not any amounts received for travel assistance services or cancellation fee waivers.
Added by Laws, 2022, ch. 357, HB 160,§ 5, eff. 7/1/2022.