reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-103 - Nonprofit dental service corporation - Creation

Five (5) or more dentists duly licensed to practice under the laws of this state, who give advance written notice by registered or certified mail to the Tennessee Dental Association of their intent to organize a nonprofit dental service corporation, may associate themselves by written articles of association for the incorporation of a nonprofit dental service corporation. The board of each nonprofit dental service corporation must at all times include dentists who maintain an active license to practice under the laws of this state. The laws of this state relative to insurance companies or to the business of insurance, and acts in amendment of the laws or in addition to the laws, do not apply to any nonprofit dental service corporation unless expressly so provided in the laws or acts.
Acts 1961, ch. 340, § 3; T.C.A., § 56-3503; Acts 1989, ch. 152, § 2; 2005, ch. 182, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-104 - Articles of incorporation - Approval by commissioner

The articles of incorporation of the nonprofit dental service corporation or amendments to the articles shall be submitted to the commissioner, and shall be subject to the commissioner's approval, which shall be endorsed on the articles or amendments before they are filed with the secretary of state.
Acts 1961, ch. 340, § 4; T.C.A., § 56-3504.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-105 - Board of directors

A dental service plan corporation shall consist of a board of directors of such number, grouped in reasonable classes, as the bylaws of the corporation, as approved by the commissioner, shall provide.
Acts 1961, ch. 340, § 5; T.C.A., § 56-3505.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-106 - Subscribers - Rates

(a)
Each nonprofit dental service corporation may contract with its subscribers for dental services as may be from time to time provided under any nonprofit dental service plan adopted by the corporation.
(b)
The rates charged by the nonprofit dental service corporation to its subscribers shall be consistent with the proper conduct of its business and the interest of the public and shall at all times be subject to the approval of the commissioner.
(c)
Nothing contained in this chapter or in any nonprofit dental service plan shall affect the ordinary professional relationship between the person rendering dental services under the plan and the subscriber to whom the services are rendered; and no action based upon or arising out of the relationship or relating to dental services rendered pursuant to a nonprofit dental service plan shall be maintained against the nonprofit dental service corporation operating the plan.
Acts 1961, ch. 340, § 6; T.C.A., § 56-3506.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-107 - Right to establish or operate plan

It is unlawful for any person except a dental service plan corporation, incorporated in accordance with this chapter, and operating in accordance with authority from the commissioner, or a nonprofit corporation organized under chapter 27, 28 or 29 of this title, or an insurance company properly qualified in this state to write accident, health or disability insurance, to establish, maintain, or operate a dental service plan, or to solicit subscribers to or enter into contracts with respect to a dental service plan. This prohibition, however, shall not be construed as preventing a person from furnishing dental services for the prevention of diseases among the person's employees or from furnishing dental services required under the Workers' Compensation Law, compiled in title 50, chapter 6, and related legislation when the employee is not charged for the services. The prohibition in this section shall not apply to persons engaging in transactions in this state involving a master group subscription contract lawfully issued and delivered in another state, and the persons shall not be subject to this chapter or otherwise regulated by or prohibited from engaging in the transactions solely as a result of the transactions.
Acts 1961, ch. 340, § 7; T.C.A., § 56-3507; Acts 1998, ch. 672, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-108 - Right to become participating dentists - Method of diagnosis and treatment unrestricted - Private dentist-patient relationship

(a)
Every dentist licensed to practice in this state under title 63, chapter 5, has the right to become a participating dentist in the dental service plan corporation operating in the county in which the dentist resides or practices. A dental service plan corporation shall impose no restrictions on the dentists who treat its subscribers as to methods of diagnosis or treatment. The private dentist-patient relationship shall be maintained, and a subscriber shall at all times have free choice of any dentist who is a participating dentist in the corporation and who agrees to accept a particular beneficiary as a patient.
(b)
Notwithstanding subsection (a), a dental service plan corporation may limit participation in a plan that is providing or managing dental benefits for the impoverished uninsured on behalf of, or as required by, any governmental entity.
Acts 1961, ch. 340, § 8; 1965, ch. 309, § 1; T.C.A., §56-3508; Acts 2011 , ch. 216, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-109 - Agreements with participating dentists

A dental service plan corporation may enter into agreements with dentists qualified as set out in this chapter, under the terms of which the dentists may become participating dentists in a plan operated by the corporation, and may make payments to the dentists as shall have accrued to them by reason of services performed by them under the plan on behalf of the corporation.
Acts 1961, ch. 340, § 9; T.C.A., § 56-3509.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-110 - Contracts approved by commissioner

No corporation subject to this chapter may issue contracts until the commissioner has formally authorized the contracts to be issued.
Acts 1961, ch. 340, § 10; T.C.A., § 56-3510.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-111 - Applications for licenses - Accompanying documents - Filing fee

Applications for the licenses shall be made on forms approved by the commissioner, containing information the commissioner deems necessary. Every application for a license shall be accompanied by copies of the following documents:
(1)
(A)
A certified copy of its charter or certificate of incorporation; or
(B)
A copy of its bylaws certified by the secretary and the president of the corporation;
(2)
Proposed contract between the corporation and the participating dentists showing the terms under which dental care services are to be furnished to subscribers;
(3)
Subscription contracts to be issued to subscribers showing a table of the rates to be charged and the benefits to which they are entitled;
(4)
A statement of the county or counties in which the corporation proposes to operate dental service plans;
(5)
A statement of its financial condition and business in the form and detail the commissioner may require, including amounts of contributions paid for working capital and the name or names of each contributor, and the terms of the contributions, signed and sworn to by the president and secretary, and shall pay for filing of the statement the sum of twenty-five dollars ($25.00);
(6)
A copy of its proposed prospectus and advertising material to be used in solicitation of contracts; and
(7)
Proof satisfactory to the commissioner that, in the county or counties in which the corporation proposes to operate, at least fifty-one percent (51%) of the resident dentists in the county or counties have agreed to become participating dentists of the corporation immediately upon the issuance of a license to it by the commissioner or, in the alternative, that at least twenty-five percent (25%) of the dentists duly licensed to practice in this state under title 63, chapter 5, have agreed to become participating dentists of the corporation immediately upon the issuance of a license to it by the commissioner.
Acts 1961, ch. 340, § 10; 1965, ch. 309, § 2; T.C.A., § 56-3511; Acts 1989, ch. 152, § 3.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-113 - Investment of funds

The funds of the dental service corporations subject to this chapter shall be invested only in securities permitted by the laws of this state for the investment of assets of life insurance companies.
Acts 1961, ch. 340, § 12; T.C.A., § 56-3513.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-114 - Limitation of expenses

All acquisition and administrative expenses incurred in connection with the dental service corporation shall at all times be limited to a percentage of its total net premiums as set and approved by the commissioner.
Acts 1961, ch. 340, § 13; T.C.A., § 56-3514.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-115 - Purchase of liability insurance authorized

A dental service plan corporation is authorized to purchase a contract of insurance protecting the corporation or any officer or employee of the corporation, or any dentist from liability for injuries resulting from negligence, misfeasance, malfeasance, nonfeasance or health care liability on the part of any officer or employee of the corporation, or on the part of any dentist in the course of rendering dental services to beneficiaries.
Acts 1961, ch. 340, § 14; T.C.A., §56-3515; Acts 2012 , ch. 798, § 24.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-116 - Financial and statistical records

Every dental service plan corporation shall maintain adequate financial and statistical records in reasonable uniformity with accounting plans and statistical requirements of the annual statement blank required by the commissioner.
Acts 1961, ch. 340, § 15; T.C.A., § 56-3516.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-117 - Annual statement - Form - Filing fee

The dental service plan corporation shall annually, on or before March 1, file in the office of the department a statement of its operations for the calendar year, showing financial condition as of December 31 then next preceding, in such form and content as the commissioner prescribes, signed and sworn to by its president and secretary, or other proper officers, and shall pay for the filing of the statement the sum of fifty dollars ($50.00).
Acts 1961, ch. 340, § 16; impl. am. Acts 1971, ch. 137, § 1; 1979, ch. 298, § 11; T.C.A., § 56-3517.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-118 - Examination - Rehabilitation or liquidation

The commissioner has the same authority to examine the dental service plan corporations as is granted to the commissioner for the examination of life and accident and health insurance companies, and has the same authority for the correction, rehabilitation or liquidation of the dental service plan corporations as is now provided by law for life and health and accident companies.
Acts 1961, ch. 340, § 17; T.C.A., § 56-3518.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-119 - Fees and taxes

Every dental service plan corporation or its agents, subject to this chapter, shall be subject to the fees and taxes as prescribed for life and health and accident insurance companies and agents of the companies doing business in this state. It is not the purpose of this chapter to discriminate in favor of dental service plan corporations.
Acts 1961, ch. 340, § 18; T.C.A., § 56-3519.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-120 - License renewal - Agents' certificate of authority

All licenses authorizing dental service plan corporations to transact business in this state shall be renewable on April 1 of each year, subject to the approval of the commissioner. Any dental service plan corporation licensed to do business in this state under this chapter shall obtain from the commissioner a certificate of authority for every agent writing or soliciting dental service plan contracts for the corporation in this state, and the certificate shall be renewable January 1 of each year, subject to applicable sections of the insurance laws, including the revenue law of this state for life and health and accident insurance agents.
Acts 1961, ch. 340, § 19; T.C.A., § 56-3520.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-121 - Orders of commissioner - Publication of regulations - Rates

After the issuance of a certificate of authority, the commissioner shall be empowered to issue the orders or to publish regulations as may be necessary for the proper enforcement of this chapter as the commissioner deems to be in the public interest. The published regulations of the commissioner will have the effect of statute, and shall include, in particular, powers of regulating the form of subscription contracts and requirements of the contracts and prohibited provisions in the contracts, and all other matters requiring further definition or clarification within the requirements of this chapter. The commissioner has the authority to regulate rates as required by statutes now in force or hereinafter enacted by the general assembly.
Acts 1961, ch. 340, § 20; T.C.A., § 56-3521.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-122 - Suspension or cancellation of license - Withdrawal of approval of documents - Revocation and amendment of certificate, order, authority or consent

(a)
The commissioner has the authority to suspend or cancel the license of any dental service plan corporation or any agent for violation of this chapter or violation of the insurance laws that may apply and are not in conflict with this chapter, after proper legal notice and a hearing, which action of the commissioner shall be subject to judicial review. The commissioner has the authority, after the issuance of a certificate of authority, to withdraw approval, previously granted, of any document required to be filed with the department under any section of this chapter. In addition, the commissioner has the authority to require a dental service plan corporation to solicit in a manner required by agents' licensing laws, and to fulfill contracts approved by the commissioner, to utilize soliciting methods provided by this chapter, or by other insurance laws, and to comply with all other orders and regulations of the commissioner.
(b)
The commissioner has the power and authority to revoke and amend, after reasonable notice and hearing, any certificate, order, authority or consent made by the commissioner to a dental service plan corporation, and may also cancel or suspend the authority of the corporation to transact business in any particular county or counties or area, if the commissioner finds that less than fifty-one percent (51%) of the eligible licensed dentists practicing in that county are participating dentists and that less than twenty-five percent (25%) of the dentists duly licensed to practice in this state under title 63, chapter 5, have agreed to render dental services for corporations organized or to be organized pursuant to this chapter.
Acts 1961, ch. 340, § 21; 1965, ch. 309, § 4; T.C.A., § 56-3522; Acts 1989, ch. 152, § 4.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-123 - Revocation of license for violation of chapter

A dental service plan corporation that neglects to make and file its annual statement in the form and within the time provided by §
56-27-117
, or neglects to reply in writing to the inquiries of the commissioner within a reasonable time as may be specified by the commissioner, or who otherwise violates this chapter, shall be subject to revocation of license after proper notice and right of hearing. Any agent or solicitor who violates this chapter or any written order or official regulation of the commissioner or any other insurance law, particularly the agents' licensing law set forth in chapter 6 of this title, shall be subject to revocation of the license after due notice and right of hearing.
Acts 1961, ch. 340, § 22; impl. am. Acts 1975, ch. 68, §§ 1, 2; T.C.A., § 56-3523.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-124 - Review of order of commissioner - Writ of certiorari

A review of any order made by the commissioner pursuant to this chapter may be had in the circuit court of Davidson County, upon a writ of certiorari. Application for the writ shall be made within thirty (30) days after the entry of the order by the commissioner.
Acts 1961, ch. 340, § 23; T.C.A., § 56-3524.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-125 - Subscription contract - Duration - Renewal - Termination - Forfeiture of membership - Deferment of inception coverage

Every subscription contract made by a dental service plan corporation shall provide for the payment of dental services for a period of twelve (12) months from the date of issue of the subscription certificate. The contract may provide that it shall be subject to renewal from year to year unless there has been one (1) month's prior written notice of termination by the dental service plan corporation. A subscriber shall forfeit membership upon failure to renew the contract, or upon voluntary resignation. During the first contract year, the contract may provide that the inception coverage may be deferred for not more than two (2) months from date of issue of the contract, and may exclude treatment of dental ills existing at the inception of the contract.
Acts 1961, ch. 340, § 24; T.C.A., § 56-3525.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-127 - Form of subscription certificate

In the subscription certificate referred to in this chapter:
(1)
All printed portions shall be plainly printed in type of which the face is not smaller than ten-point;
(2)
There shall be a brief description of the subscription certificate on its first page and on the back of the certificate in type not smaller than fourteen-point. The description shall not be broader than the coverage granted in the contract;
(3)
The exceptions of the contract shall appear with the same prominence in the certificate as the benefits of the contract, and reference to the exceptions shall be specifically made in the insuring clause; and
(4)
If the contract contains any provisions purporting to make any portion of the articles of incorporation or of the bylaws of the corporation a part of the contract, the portion shall be set forth in full in the subscription certificate.
Acts 1961, ch. 340, § 26; T.C.A., § 56-3527.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-128 - Subscriptions for dental care for needy - Governmental or private contributions authorized

A dental service plan corporation may, in its discretion, receive and accept from governmental or private agencies or from other persons as defined in this chapter, payments covering all or part of the costs of subscriptions to provide dental care for needy and other individuals. However, all contracts for dental care shall be between the dental service plan corporation and the person to receive the care.
Acts 1961, ch. 340, § 27; T.C.A., § 56-3528.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-129 - Settlement of dispute or controversy by commissioner - Review of decision

Any dispute or controversy arising between a dental service plan corporation and any participating dentist or any dentist desiring to become a participating dentist, or any subscriber, or any other person whose subscription certificate has been cancelled, or to whom the corporation has refused to issue a certificate, may within thirty (30) days after the dispute or controversy arises be appealed to the commissioner by the person allegedly aggrieved, or a person or persons designated by the person. After proper notice and hearing, the commissioner shall make a finding, which shall be binding on any dental service plan corporation or agent of the corporation, subject to judicial review.
Acts 1961, ch. 340, § 28; T.C.A., § 56-3529.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-130 - Construction of chapter

This chapter is not to be construed as prohibiting any insurance company, properly qualified in this state to write accident or health or disability insurance, from making available any plan of dental service that may be approved by the commissioner under existing statutes or within the authority granted in this chapter, in the same manner and in the same means as granted to benevolent associations.
Acts 1961, ch. 340, § 30; T.C.A., § 56-3531.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-131 - Laws relating to practice of medicine and surgery or dentistry or other insurance not affected

Nothing in this chapter shall be construed to modify or repeal any law or parts of law now in force, relating to the practice of medicine or surgery, or to the practice of dentistry, or to the regulation of life, accident, health or casualty insurance, excepting as they are inconsistent with this chapter.
Acts 1961, ch. 340, § 31; T.C.A., § 56-3532.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-132 - Nonapplicability of the Consumer Health Care Advocacy Act

Acts 1998, ch. 1033 shall not apply to dental service plans licensed under this chapter.
Acts 1998, ch. 1033, § 12.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-133 - Maintenance of business records by electronic means

Notwithstanding any other law or regulation to the contrary, a dental service plan corporation may maintain some or all of its business records using commercially acceptable electronic means.
Acts 2001, ch. 182, §1; 2008 , ch. 656, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-134 - Electronic payments for electronic claims by dental service plan

Notwithstanding any other law or rule to the contrary, a dental service plan that receives claims from dentists electronically may, at the option of the dental service plan, make payments for such claims electronically.
Acts 2011, ch. 114, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 30 - DENTAL SERVICE PLAN LAW, 1961 (§§ 56-30-101 — 56-30-135) › Section 56-30-135 - Provision of insurance plans for vision services

Notwithstanding any other law to the contrary, subject to approval by the commissioner, a nonprofit dental service corporation only providing dental plans and policies in this state has the authority to provide plans and polices for vision services in this state in the same manner as nonprofit corporations organized under chapter 27, 28, or 29 of this title, or an insurance company properly qualified in this state to write accident, health, or disability insurance. In order for a nonprofit dental service corporation to provide plans and policies for vision services in this state, the nonprofit dental service corporation must not provide vision services in any other state and must comply with §§
56-31-111
- 56-31-118, 56-31-121, and 56-31-123 - 56-31-129.
Acts 2018 , ch. 644, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-101 - Short title

This chapter shall be known and may be cited as the "Vision Service Plan Law."
Acts 1969, ch. 118, § 1; T.C.A., § 56-3701.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Beneficiary" means a person designated in the subscription certificate referred to in subdivision (8) as entitled to the vision services referred to in subdivision (8);
(2)
"Commissioner" means the commissioner of commerce and insurance;
(3)
"Covered dependent" means the spouse and adult dependent or child of a subscriber who is named in the subscription certificate issued to the subscriber, and with respect to whom appropriate premium is specified in the certificate;
(4)
"Nonprofit vision service corporation" means any corporation organized pursuant to this chapter for the purpose of establishing, maintaining and operating a nonprofit vision service plan;
(5)
"Nonprofit vision service plan" means a plan whereby specified vision service is provided by a nonprofit vision service corporation to subscribers to the plan;
(6)
"Participating optometrist" means an optometrist duly licensed to practice optometry in this state who contracts in writing with a vision service plan corporation to perform the vision services specified in the subscription certificates issued by the corporation, and at rates of compensation determined by the board of directors of the corporation, and who agrees to abide by the bylaws, rules and regulations of the corporation applicable to participating optometrists;
(7)
"Person" includes a natural person, a corporation, an association, a common-law trust or corporation;
(8)
"Subscriber" means a person to whom a subscription certificate is issued by a vision care service plan corporation, which sets forth the beneficiaries and the kind and extent of vision service for which the corporation is liable to make payment; and
(9)
"Vision service" means the usual and general professional services rendered by persons duly licensed under the laws of this state to practice optometry.
Acts 1969, ch. 118, § 2; impl. am. Acts 1971, ch. 137, § 2; T.C.A., § 56-3702.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-103 - Nonprofit vision service corporation - Creation

(a)
Five (5) or more optometrists duly licensed to practice under the laws of this state may associate themselves by written articles of association for the incorporation of a nonprofit vision service corporation.
(b)
A majority of the directors of each nonprofit vision service corporation must at all times be optometrists duly licensed to practice under the laws of this state.
(c)
The laws of this state relative to insurance companies or to the business of insurance, and acts in amendment of these laws or in addition to these laws shall not apply to any nonprofit vision service corporation unless expressly so provided in these laws or acts.
Acts 1969, ch. 118, § 3; T.C.A., § 56-3703.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-104 - Articles of incorporation - Approval by commissioner

The articles of incorporation of the corporation, or amendments to the articles, shall be submitted to the commissioner and shall be subject to the commissioner's approval, which shall be endorsed on the articles, before filing with the secretary of state.
Acts 1969, ch. 118, § 4; T.C.A., § 56-3704.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-105 - Board of directors

A vision service plan corporation shall consist of a board of directors of such number, grouped in such reasonable classes, as the bylaws of the corporation, as approved by the commissioner, provide.
Acts 1969, ch. 118, § 5; T.C.A., § 56-3705.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-106 - Restrictions on right to establish and operate plan

It is unlawful for any person except a vision service plan corporation, incorporated in accordance with this chapter, and operating in accordance with authority from the commissioner, or a nonprofit corporation organized under chapter 27, 28, 29, or 30 of this title, or an insurance company properly qualified in this state to write accident, health or disability insurance, to establish, maintain or operate a vision service plan, or to solicit subscribers to or enter into contracts with respect to a vision service plan.
Amended by 2018 Tenn. Acts, ch. 644,s 2, eff. 4/2/2018.
Acts 1969, ch. 118, § 7; T.C.A., § 56-3706.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-107 - Participating optometrists - Right to become - Method of diagnosis and treatment unrestricted - Private optometrist-patient relationship - Maintenance

Every optometrist licensed to practice in this state under title 63, chapter 8, has the right to become a participating optometrist in the vision service plan corporation operating in the county in which the optometrist resides or practices. A vision service plan corporation shall impose no restrictions on the optometrists who treat its subscribers as to methods of diagnosis or treatment. The private optometrist-patient relationship shall be maintained, and a subscriber shall at all times have free choice of any optometrist who is a participating optometrist in the corporation and who agrees to accept a particular beneficiary as a patient.
Acts 1969, ch. 118, § 8; T.C.A., § 56-3707.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-108 - Agreements with participating optometrists

A vision service plan corporation may enter into agreements with optometrists qualified as set out in this chapter, under the terms of which the optometrists may become participating optometrists in a plan operated by the corporation, and may make payments to the optometrists that have accrued to them by reason of services performed by them under the plan on behalf of the corporation.
Acts 1969, ch. 118, § 9; T.C.A., § 56-3708.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-109 - License required

No corporation subject to this chapter may issue contracts until the commissioner has, by formal license, authorized it to do so.
Acts 1969, ch. 118, § 10; T.C.A., § 56-3709.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-110 - Application for license - Form - Accompanying documents - Filing fee

Applications for licenses shall be made on forms approved by the commissioner, containing information that the commissioner deems necessary. Every application for a license shall be accompanied by copies of the following documents:
(1)
A certified copy of its charter or certificate of incorporation;
(2)
A copy of its bylaws certified by the secretary and the president of the corporation;
(3)
The proposed contract between the corporation and the participating optometrists showing the terms under which vision care services are to be furnished to subscribers;
(4)
Subscription contracts to be issued to subscribers showing a table of the rates to be charged and the benefits to which they are entitled;
(5)
A statement of the county or counties in which the corporation proposes to operate vision service plans;
(6)
A statement of its financial condition and business in such form and detail as the commissioner requires, signed and sworn to by the president and secretary, and payment of the sum of twenty-five dollars ($25.00) for filing of the statement;
(7)
A copy of any proposed prospectus and advertising material to be used in solicitation of contracts; and
(8)
Proof satisfactory to the commissioner that in the county or counties in which the corporation proposes to operate, fifty-one percent (51%) or more of the resident optometrists of that county have agreed to render vision services for which the corporation agrees to pay, or that at least twenty-five percent (25%) of the optometrists duly licensed to practice in this state have agreed to render vision services for corporations organized or to be organized pursuant to this chapter.
Acts 1969, ch. 118, § 11; T.C.A., § 56-3710.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-112 - Investment of funds

The funds of the vision service corporations subject to this chapter shall be invested only in securities permitted by the laws of this state for the investment of assets of life insurance companies.
Acts 1969, ch. 118, § 13; T.C.A., § 56-3712.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-113 - Expenses - Limitation

All acquisition and administrative expenses incurred in connection with the vision service corporation shall at all times be limited to a percentage of its total net premiums as set and approved by the commissioner.
Acts 1969, ch. 118, § 14; T.C.A., § 56-3713.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-114 - Purchase of liability insurance authorized

A vision service plan corporation is authorized to purchase a contract of insurance protecting the corporation or any officer or employee of the corporation or any optometrist from liability for injuries resulting from negligence, misfeasance, malfeasance, nonfeasance or health care liability on the part of any officer or employee of the corporation, or on the part of any optometrist in the course of rendering vision services to beneficiaries.
Acts 1969, ch. 118, § 15; T.C.A., §56-3714; Acts 2012 , ch. 798, § 25.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-115 - Financial and statistical records

Every vision service plan corporation shall maintain adequate financial and statistical records in reasonable uniformity with accounting plans and statistical requirements of the annual statement blank required by the commissioner.
Acts 1969, ch. 118, § 16; T.C.A., § 56-3715.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-116 - Annual statement - Form - Filing fee

Every vision service plan corporation shall annually, on or before March 1, file in the office of the department a statement of its operations for the calendar year, showing financial conditions as of December 31, then next preceding, in such form and content as the commissioner prescribes, signed and sworn to by its president and secretary, or other proper officers, and shall pay for the filing of the statement the sum of fifteen dollars ($15.00).
Acts 1969, ch. 118, § 17; impl. am. Acts 1971, ch. 137, § 1; T.C.A., § 56-3716.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-117 - Examination - Rehabilitation or liquidation

The commissioner has the same authority to examine vision service plan corporations as is granted to the commissioner for the examination of life and accident and health insurance companies, and has the same authority for the correction, rehabilitation or liquidation of vision service plan corporations as is now provided by law for life and health and accident companies.
Acts 1969, ch. 118, § 18; T.C.A., § 56-3717.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-118 - Fees and taxes

Every vision service plan corporation, or its agents, subject to this chapter, is subject to the fees and taxes as prescribed for life and health and accident insurance companies and agents of the insurance companies doing business in this state. It is not the purpose of this chapter to discriminate in favor of the vision service plan corporations.
Acts 1969, ch. 118, § 19; T.C.A., § 56-3718.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-119 - License renewal - Agent's certificate of authority

All licenses authorizing vision service plan corporations to transact business in this state shall be renewable on April 1 of each year, subject to the approval of the commissioner. The vision service plan corporations licensed to do business in this state under this chapter shall obtain from the commissioner a certificate of authority for every agent writing or soliciting vision service plan contracts for the corporation in this state, and the certificate shall be renewable January 1 of each year, subject to applicable sections of the insurance laws, including the revenue law of this state for life and health and accident insurance agents.
Acts 1969, ch. 118, § 20; T.C.A., § 56-3719.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-120 - Orders of commissioner - Publication of regulations - Subscription contracts - Rates

After the issuance of a certificate of authority, the commissioner shall be empowered to issue orders or to publish regulations necessary for the proper enforcement of this chapter that the commissioner deems to be in the public interest. The published regulations of the commissioner shall have the effect of statute, and shall include, in particular, powers of regulating the form of subscription contracts and requirements of the contracts and prohibited provisions in the contracts, and all other matters requiring further definition or clarification within the requirements of this chapter. The commissioner has the authority to regulate rates as required by statutes now in force or hereinafter enacted by the general assembly.
Acts 1969, ch. 118, § 21; T.C.A., § 56-3720.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-121 - Suspension or cancellation of license - Withdrawal of approval of documents - Revocation and amendment of certificate, order, authority or consent

(a)
The commissioner has the authority to suspend or cancel the license of any vision service plan corporation or any agent of the corporation for violation of this chapter or violation of the insurance laws that may apply and that are not in conflict with this chapter, after proper legal notice and a hearing, which action of the commissioner shall be subject to judicial review. The commissioner has the authority, after the issuance of a certificate of authority, to withdraw approval, previously granted, of any document required to be filed with the department under any section of this chapter. In addition, the commissioner has the authority to require a vision service plan corporation to solicit in a manner required by agents' licensing laws, and to fulfill contracts approved by the commissioner, to utilize soliciting methods provided by this chapter, or by other insurance laws, to operate in a county or counties or area different from those to which the certificate of authority was granted, and to comply with all other orders and regulations of the commissioner.
(b)
The commissioner has the power and authority to revoke and amend, after reasonable notice and hearing, any certificate, order, authority or consent made by the commissioner to a vision service plan corporation, and may also cancel or suspend the authority of the corporation to transact business in any particular county or counties or area if the commissioner finds that less than fifty-one percent (51%) of the eligible licensed optometrists practicing in that county are participating optometrists and that less than twenty-five percent (25%) of the optometrists duly licensed to practice in this state have agreed to render vision services for corporations organized or to be organized pursuant to this chapter.
Acts 1969, ch. 118, § 22; T.C.A., § 56-3721.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-122 - Revocation of license for violation of chapter

A vision service plan corporation that neglects to make and file its annual statement in the form and within the time provided by this chapter, or neglects to reply in writing to the inquiries of the commissioner within a reasonable time as specified by the commissioner, or who otherwise violates this chapter, shall be subject to revocation of license after proper notice and right of hearing. Any agent or solicitor who violates this chapter or any written order or official regulation of the commissioner shall be subject to revocation of license after due notice and right of hearing.
Acts 1969, ch. 118, § 23; T.C.A., § 56-3722.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-123 - Review of order of commissioner - Writ of certiorari

A review of any order made by the commissioner pursuant to this chapter may be had in the circuit court of Davidson County, upon a writ of certiorari. Application for the writ shall be made within thirty (30) days after the entry of the order by the commissioner.
Acts 1969, ch. 118, § 24; T.C.A., § 56-3723.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-124 - Subscription contracts - Right to enter - Rates - Professional relationship

Each nonprofit vision service corporation may contract with its subscribers for vision services that may be from time to time provided under the nonprofit vision service plan adopted by the corporation. The rates charged by the nonprofit vision service corporation to its subscribers shall be consistent with the proper conduct of its business and the interest of the public and shall be subject to the approval of the commissioner. Nothing contained in this chapter or in any nonprofit vision service plan shall affect the ordinary professional relationship between the person rendering vision services under the plan and the subscriber to whom the services are rendered, and no action based upon or arising out of the relationship or relating to vision services rendered pursuant to a nonprofit vision service plan shall be maintained against the nonprofit vision service corporation operating the plan.
Acts 1969, ch. 118, § 6; T.C.A., § 56-3724.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-125 - Subscription contract - Duration - Renewal - Termination - Forfeiture of membership - Deferment of inception coverage

Every subscription contract made by a vision service plan corporation shall provide for the payment of vision services for a minimum period of twelve (12) months from the date of issue of the subscription certificate. The contract may provide that it shall be subject to renewal thereafter from year to year unless there has been one (1) month's prior written notice of termination by the vision service plan corporation. A subscriber shall forfeit membership upon failure to renew the contract, or upon voluntary resignation. During the first contract year, the contract may provide that the inception coverage may be deferred for not more than two (2) months from date of issue of the contract.
Acts 1969, ch. 118, § 25; T.C.A., § 56-3725.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-127 - Form of subscription certificate

In every subscription certificate or descriptive brochure referred to in this chapter:
(1)
All printed portions shall be plainly printed in type of which the face is not smaller than ten-point type;
(2)
There shall be a brief description of the subscription certificate on its first page and on the back in type not smaller than fourteen-point type. The description shall not be broader than the coverage granted in the contract;
(3)
The exceptions of the contract shall appear with the same prominence in the certificate as the benefits of the contract, and reference to the exceptions shall be specifically made in the insuring clause; and
(4)
If the contract contains any provisions purporting to make any portion of the articles of incorporation or of the bylaws of the corporation a part of the contract, that portion shall be set forth in full in the subscription certificate.
Acts 1969, ch. 118, § 27; T.C.A., § 56-3727.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 31 - VISION SERVICE PLAN LAW (§§ 56-31-101 — 56-31-131) › Section 56-31-128 - Subscriptions for vision care for needy - Governmental or private contributions authorized

A vision service plan corporation may, in its discretion, receive and accept from governmental or private agencies or from other persons payments covering all or part of the costs of subscriptions to provide vision care for needy and other individuals.
Acts 1969, ch. 118, § 28; T.C.A., § 56-3728.