Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 18 - INSURANCE ADMINISTRATORS AND MANAGING GENERAL AGENTS (§§ 83-18-1 — 83-18-111) › INSURANCE ADMINISTRATORS (§§ 83-18-1 — 83-18-29) › Section 83-18-1 - Definitions

As used in this chapter unless the context otherwise requires:
(a)
"Administrator" or "third-party administrator" or "TPA" means a person who directly or indirectly solicits or effects coverage of, underwrites, collects charges or premiums from, or adjusts or settles claims on residents of this state, or residents of another state from offices in this state, in connection with life or health insurance coverage or annuities, except any of the following:
(i)
An employer on behalf of its employees or the employees of one or more subsidiaries or affiliated corporations of such employer;
(ii)
A union on behalf of its members;
(iii)
An insurer which is authorized to transact insurance in this state with respect to a policy lawfully issued and delivered in and pursuant to the laws of this state or another state;
(iv)
An agent or broker licensed to sell life or health insurance in this state, whose activities are limited exclusively to the sale of insurance;
(v)
A creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors;
(vi)
A trust and its trustees, agents and employees acting pursuant to such trust established in conformity with
29 U.S.C. Section 186
;
(vii)
A trust exempt from taxation under Section 501(a) of the Internal Revenue Code, its trustees and employees acting pursuant to such trust, or a custodian and the custodian's agents or employees acting pursuant to a custodian account which meets the requirements of Section 401(f) of the Internal Revenue Code;
(viii)
A credit union or a financial institution which is subject to supervision or examination by federal or state banking authorities, or a mortgage lender, to the extent they collect and remit premiums to licensed insurance agents or authorized insurers in connection with loan payments;
(ix)
A credit card issuing company which advances for and collects premiums or charges from its credit card holders who have authorized collection if the company does not adjust or settle claims;
(x)
A person who adjusts or settles claims in the normal course of that person's practice or employment as an attorney at law and who does not collect charges or premiums in connection with life or health insurance coverage or annuities;
(xi)
An adjuster licensed by this state whose activities are limited to adjustment of claims;
(xii)
A person who acts solely as an administrator of one or more bona fide employee benefit plans established by an employer or an employee organization; or
(xiii)
A person licensed as a managing general agent in this state, whose activities are limited exclusively to the scope of activities conveyed under such license.
(b)
"Affiliate" or "affiliated" means any entity or person who directly or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with, a specified entity or person.
(c)
"Commissioner" means the Commissioner of Insurance.
(d)
"Insurance" or "insurance coverage" means any coverage offered or provided by an insurer.
(e)
"Insurer" means any person undertaking to provide life or health insurance coverage in this state. For the purposes of this chapter, insurer includes a licensed insurance company, a prepaid hospital or medical care plan, a health maintenance organization, a multiple employer welfare arrangement, or any other person providing a plan of insurance subject to state insurance regulation. Insurer does not include a bona fide employee benefit plan established by an employer or an employee organization, or both, for which the insurance laws of this state are preempted pursuant to the Employee Retirement Income Security Act of 1974.
(f)
"Underwrites" or "underwriting" means, but is not limited to, the acceptance of employer or individual applications for coverage of individuals in accordance with the written rules of the insurer; the overall planning and coordinating of an insurance program; and the ability to procure bonds and excess insurance.
Laws, 1991, ch. 422, § 1, eff. 7/1/1991.