reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 13 - (83-1) Public Records Act as Same Is Interpreted By the Mississippi Insurance Department › Rule 19-1-13.10 - Records Maintained by Agencies

Current through June 25, 2024
A. The Mississippi
				Insurance Department shall make and maintain records pertaining to each request
				for information, including copies of correspondence. The material shall be
				filed by individual request.
B. The
				Mississippi Insurance Department shall maintain a file, open to the public,
				which shall contain copies of all letters of denial. Such denials shall be
				preserved in a denial file for a period of not less than three (3) years from
				the date such denials are made. Said denial file shall be made available for
				inspection and/or copying during regular office hours to any person upon
				written request.
C. Where the
				release of the identity of the requestor or other identifying details related
				to the request would constitute a clearly unwarranted invasion of personal
				privacy, the Mississippi Insurance Department shall delete the identifying
				details from the copies of the documents maintained in the public
				file.
D. The Mississippi Insurance
				Department shall also maintain records permitting annual reporting of the
				following:
1. Total number of requests made
				to the agency;
2. The total number
				of requests granted and denied, in whole or in part;
3. The number of times each exemption was
				invoked as the basis for nondisclosure;
4. The names and titles or positions of each
				person responsible for the denial of records and the number of instances each
				person was involved in a denial; and
5. The amount of fees collected and the
				amount of fees for duplication and search waived by the agency.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 13 - (83-1) Public Records Act as Same Is Interpreted By the Mississippi Insurance Department › Rule 19-1-13.11 - Effective Date

Current through June 25, 2024
The Effective Date of this Regulation is thirty (30) days
				  from and after its adoption and filing with the Secretary of State's
				  Office.
Miss. Code Ann. §
										25-43-3.113
				  (Rev. 2010)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 14 - (87-101) Unfair Trade Practices-Discrimination on the Basis of Blindness or Partial Blindness › Rule 19-1-14.01 - Authority and Purpose

Current through June 25, 2024
This Regulation is promulgated by the Commissioner of
				  Insurance of the State of Mississippi to implement Section
				  83-5-5,
				  83-5-29,
				  83-5-31,
				  83-5-33,
				  83-5-35(g),
				  and 83- 5-45 of the
Mississippi Code of 1972
,
				  Annotated and Amended, and is promulgated with an effective date of thirty (30)
				  days after promulgation and filing with the Office of the Secretary of State
				  upon compliance with the applicable statutes.
The purpose of this regulation is to state that individuals
				  who are blind or partially blind, do not, for that reason, constitute a class.
				  Therefore, individuals who are blind or partially blind will not, solely on
				  that basis, be unfairly discriminated against in the amount of premium, policy
				  fees or rates charged for any contract of life, accident or health insurance or
				  in benefits payable thereunder, or in any of the terms or conditions of such
				  contract, or of life annuity or in the dividends or other benefits payable
				  thereon or in any other of the terms and conditions of such contracts or in any
				  manner whatsoever.
Miss. Code Ann. §
										83-5-35;
				  §
										83-63-5
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 14 - (87-101) Unfair Trade Practices-Discrimination on the Basis of Blindness or Partial Blindness › Rule 19-1-14.02 - Definitions

Current through June 25, 2024
A. For the purpose of this regulation,
				"contract" shall mean "insurance policy" or "insurance contract" as defined in
				Section
				83-5-5
				and as specifically provided for in Chapter 7 and 9 of Title 83 of the
				Mississippi Code of 1972.
B.
				"Person" shall mean "person" as defined in Section
				83-5-31(a)
				of the Mississippi Code of 1972.
Miss. Code Ann. §
										83-5-5;
				  §
										83-5-31
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 14 - (87-101) Unfair Trade Practices-Discrimination on the Basis of Blindness or Partial Blindness › Rule 19-1-14.03 - Applicability and Scope

Current through June 25, 2024
This regulation shall apply to all contracts delivered or
				  issued for delivery in this state by a person on or after the effective date of
				  this regulation and to all existing group contracts which are amended or
				  renewed on or after the effective date of this regulation.
Nothing contained in this regulation shall be construed to
				  prohibit discrimination between individuals of the same class who do not have
				  equal expectation of life or who have expected risk of loss different than that
				  of other individuals of the same class.
Miss. Code Ann. §
										83-5-1;
				  §
										83-5-13 (Rev.
				  2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 14 - (87-101) Unfair Trade Practices-Discrimination on the Basis of Blindness or Partial Blindness › Rule 19-1-14.04

Current through June 25, 2024
For the purposes of Section
				  83-5-35(g)(1)(2)
				   of the Code, individuals shall not be
				  considered to be of the same class solely because such individuals are blind or
				  partially blind.
Miss. Code Ann. §
										83-5-35
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 14 - (87-101) Unfair Trade Practices-Discrimination on the Basis of Blindness or Partial Blindness › Rule 19-1-14.05 - Unfairly Discriminatory Acts or Practices

Current through June 25, 2024
The following are hereby indentified as acts or practices
				  which constitute unfair discrimination between individuals of the same class:
				  Refusing to insure, or refusing to continue to insure, or limited the amount,
				  extent or kind coverage available to an individual, or charging an individual a
				  different rate for the same coverage solely because of blindness or partial
				  blindness.
Miss. Code Ann. §
										83-5-35
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 15 - Rules of Practice and Procedure before the Mississippi Insurance Department and State Fire Marshal's Office › Rule 19-1-15.01 - Statutory Authority

Current through June 25, 2024
This Regulation is promulgated by the Commissioner of
				  Insurance pursuant to the requirements of
Miss. Code Ann.
				  §
25-43-5 an in accordance with the Mississippi Administrative
				  Procedures Law. Some provisions of this Regulation are promulgated pursuant to
				  the requirements of
Miss. Code Ann.
				  §
25-61-5.
Miss. Code Ann. §
										25-61-5; §
										83-5-1 (Rev. 2022)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 15 - Rules of Practice and Procedure before the Mississippi Insurance Department and State Fire Marshal's Office › Rule 19-1-15.02 - Purposes

Current through June 25, 2024
Miss. Code Ann. §
25-43-5, the
				  "Administrative Procedures Law", requires each agency of state government to
				  adopt as a rule a description of its organization, stating the general course
				  and method of its operations and the methods whereby the public may obtain
				  information or make submissions or requests, and adopt rules of practice
				  setting forth the nature and requirements of all formal and informal procedures
				  available, including all requirements respecting the filing of applications for
				  any license and the licensing procedure employed by the agency and the method
				  whereby persons desiring notice pending applications may obtain such notice and
				  request an opportunity to be heard.
The purpose of this Regulation is to comply with the
				  requirements of the Administrative Procedures Law. Some provisions of the
				  Regulation also comply with the requirements of
Miss. Code Ann.
				  §
25-61-5 of the Mississippi Public Records Act of 1983, as
				  amended.
Miss. Code
				  Ann. §
										25-61-5 (Rev. 2021) §
										83-5-1 (Rev.
				  2022)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 15 - Rules of Practice and Procedure before the Mississippi Insurance Department and State Fire Marshal's Office › Rule 19-1-15.03 - Applicability

Current through June 25, 2024
This Regulation shall be of general applicability and shall
				  apply in all cases except to the extent a statute of the State of Mississippi
				  provides otherwise.
Miss. Code
				  Ann. §
										25-61-5 (Rev. 2021)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 15 - Rules of Practice and Procedure before the Mississippi Insurance Department and State Fire Marshal's Office › Rule 19-1-15.06 - Licensing of Insurance Producers

Current through June 25, 2024
A. License
				Required - All insurance producers and business entities must be properly
				licensed before engaging in the business of insurance in this state. All
				applicants must have complied with the licensing laws prior to receiving a
				license to engage in the business of insurance in the State of
				Mississippi.
B. Major Lines of
				Authority - Insurance producer licenses are issued in the following major lines
				of authority:
1. Life
2. Accident and Health
3. Property
4. Casualty
5. Variable Life and Variable Annuity,
				and
6. Personal Lines
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 15 - Rules of Practice and Procedure before the Mississippi Insurance Department and State Fire Marshal's Office › Rule 19-1-15.08 - Administrative Hearings

Current through June 25, 2024
A. Notices issued
				by the Department - Notices shall be effective only when in writing, signed by
				the Commissioner, his designee, or his attorney.
1. Every notice shall state its effective
				date.
2. Every notice shall
				concisely state;
a. Its intent and
				purpose;
b. The grounds on which it
				is based; and
c. The provisions of
				the statutes pursuant to which action is taken or proposed to be taken; but
				failure to so designate all applicable provisions shall not deprive the
				Commissioner of the right to rely thereon.
3. A notice may be given by service upon or
				delivery to the person to be notified or by mailing it, postage prepaid,
				addressed to such person at his home or at his principal place of business as
				last on record in the Department, or by electronic delivery with a delivery
				receipt, if an electronic mail address has been provided.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 15 - Rules of Practice and Procedure before the Mississippi Insurance Department and State Fire Marshal's Office › Rule 19-1-15.09 - Administrative Orders

Current through June 25, 2024
A. Notice and
				Hearing - Unless otherwise provided in statutory law, any administrative action
				of the Commissioner shall only be made after notice and hearing to the
				respondent.
B. Written Orders -
				Orders of the Commissioner shall be effective only when in writing.
C. Order Formulated Upon Adjudication - There
				shall be an order formulated upon each adjudication made by the Department or
				the Commissioner, or his deputy or employee.
D. Effective Date - Each order shall contain
				its effective date and shall concisely state its intent or purpose and the
				grounds and pertinent provision of law on which it is based.
E. Publication of Order - An order may be
				given by service upon or delivery to the person ordered by mail, postage
				prepaid, addressed to the person at his home or at his principal place of
				business as last of record in the Department, or by electronic delivery with a
				delivery receipt, if an electronic mail address has been provided. Furthermore,
				the Commissioner has the discretion to post said Order on the Department's
				website.
Miss. Code
				  Ann. §
										83-5-1 (Rev. 2022)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 15 - Rules of Practice and Procedure before the Mississippi Insurance Department and State Fire Marshal's Office › Rule 19-1-15.10 - Bulletins

Current through June 25, 2024
The Department may issue Bulletins, which are considered
				  guidance and explanatory in nature, without notice and hearing, and without
				  public participation. Upon adoption of a Bulletin by the Commissioner, the a
				  copy of the Bulletin shall be placed on the Department website, and
				  electronically mailed to all persons who may have made timely request of the
				  Commissioner for notice of adoption of any rule.
Miss. Code
				  Ann. §
										83-5-1 (Rev. 2022)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 15 - Rules of Practice and Procedure before the Mississippi Insurance Department and State Fire Marshal's Office › Rule 19-1-15.11 - Regulations

Current through June 25, 2024
A. The Department shall comply with the
				Mississippi Administrative Procedures Act,
Miss. Code Ann
.
				§§
									25-43-1, et. seq., in the establishment the rules and regulations
				of the Department.
B. Notice -
				Prior to adoption, amendment or repeal of any regulation, the Department shall
				give the following notice.
1. Notice of at
				least twenty-five (25) days of the intended action is required
2. Notice shall include a statement of the
				terms or substance of the intended action or a description of the subjects and
				issues involved, and the time, the place and the manner in which interested
				persons may present their views thereon.
3. Notice shall be filed with the office of
				the Secretary of State of the State of Mississippi, placed on the Department
				website, and electronically mailed to all persons who may have made timely
				request of the Commissioner for advance notice of rule-making
				proceedings.
4. Notice may be
				published in such newspapers of general daily circulation and in such insurance
				publications as selected by the Department.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 15 - Rules of Practice and Procedure before the Mississippi Insurance Department and State Fire Marshal's Office › Rule 19-1-15.12 - Declaratory Opinions

Current through June 25, 2024
Pursuant to
Miss. Code. Ann
.
				  §
									25-43-2.103, any person with a substantial interest in the subject matter
				  may make a written request of an agency for a declaratory opinion as to the
				  applicability to specified circumstances of a statute, rule or order within the
				  primary jurisdiction of the agency.
A.
				Request for a Declaratory Order Any request for a declaratory opinion must be
				made in writing and shall be directed to the Department's Legal Division. Such
				petition shall be promptly considered and a prompt disposition shall be
				made.
B. Response - The Department
				shall provide a written response to the request for a declaratory opinion to
				the requesting party within forty-five days of receipt of said request,
				providing either a declaratory opinion, an agreement to issue an opinion within
				ninety days, or decline to issue a declaratory opinion.
Miss. Code
				  Ann. §§
										25-43-2.103; (Rev. 2021) 83-5-1 (Rev.
				  2022)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 15 - Rules of Practice and Procedure before the Mississippi Insurance Department and State Fire Marshal's Office › Rule 19-1-15.13 - Effective Date

Current through June 25, 2024
This Regulation shall become effective thirty (30) days after
				  filing with the Office of the Secretary of State.
Miss. Code
				  Ann. §
										25-43-3.106 (Rev. 2021)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 16 - (88-105) Advertisements of Medicare Supplement Insurance with Interpretative Guidelines › Rule 19-1-16.01 - Purpose

Current through June 25, 2024
The purpose of these rules is to provide prospective
				  purchasers with clear and unambiguous statements in the advertisement of
				  Medicare supplement insurance; to assure the clear and truthful disclosure of
				  the benefits, limitations and exclusions of policies sold as Medicare
				  supplement insurance. This purpose is intended to be accomplished by the
				  establishment of guidelines and permissible and impermissible standards of
				  conduct in the advertising of Medicare supplement insurance in a manner which
				  prevents unfair, deceptive and misleading advertising and is conducive to
				  accurate presentation and description to the insurance-buying public through
				  the advertising media and material used by insurance agents and
				  companies.
Miss. Code Ann. §
										83-9-103;
				  §
										83-9-110
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 16 - (88-105) Advertisements of Medicare Supplement Insurance with Interpretative Guidelines › Rule 19-1-16.02 - Applicability

Current through June 25, 2024
A. These rules shall apply to any
				"advertisement" of Medicare supplement insurance as that term is defined
				herein, unless otherwise specified in these rules, which the insurer knows or
				reasonably should know is intended for presentation, distribution, or
				dissemination in this State when such presentation, distribution, or
				dissemination is made either directly or indirectly by or on behalf of an
				insurer, agent, broker, producer or solicitor, as those terms are defined in
				the Insurance Code of this State.
B. Every insurer shall establish and at all
				times maintain a system of control over the content, form and method of
				dissemination of all of its Medicare supplement insurance advertisements. All
				such advertisements, regardless of by whom written, created, designed or
				presented, shall be the responsibility of the insurers benefiting directly or
				indirectly from their dissemination.
C. Advertising materials which are reproduced
				in quantity shall be identified by form numbers or other identifying means.
				Such identification shall be sufficient to distinguish an advertisement from
				any other advertising materials, policies, applications or other materials used
				by the insurer.
Miss. Code Ann. §
										83-9-102;
				  §
										83-9-103
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 16 - (88-105) Advertisements of Medicare Supplement Insurance with Interpretative Guidelines › Rule 19-1-16.03 - Definitions

Current through June 25, 2024
A. An advertisement for the purpose of these
				rules shall include:
1. printed and published
				material, audio visual material and descriptive literature used by or on behalf
				of an insurer in direct mail, newspapers, magazines, radio scripts, TV scripts,
				billboards and similar displays;
2.
				descriptive literature and sales aids of all kinds issued by an insurer, agent,
				producer, broker or solicitor for presentation to members of the
				insurance-buying public; including, but not limited to, circulars, leaflets,
				booklets, depictions, illustrations, form letters and leadgenerating devices of
				all kinds as herein defined; and
3.
				prepared sales talks, presentations and material for use by agents, brokers,
				producers and solicitors whether prepared by the insurer or the agents, broker,
				producer or solicitor.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 16 - (88-105) Advertisements of Medicare Supplement Insurance with Interpretative Guidelines › Rule 19-1-16.04 - Method of Disclosure of Required Information

Current through June 25, 2024
All information required to be disclosed by these rules shall
				  be set out conspicuously and in close conjunction with the statements to which
				  such information relates or under appropriate captions of such prominence that
				  it shall not be minimized, rendered obscure or presented in an ambiguous manner
				  or fashion or intermingled with the context of the advertisement so as to be
				  confusing or misleading.
Miss. Code Ann. §
										83-9-103
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 16 - (88-105) Advertisements of Medicare Supplement Insurance with Interpretative Guidelines › Rule 19-1-16.05 - Form and Content of Advertisements

Current through June 25, 2024
A. The format and
				content of a Medicare supplement insurance advertisement shall be sufficiently
				complete and clear to avoid deception or the capacity or tendency to mislead or
				deceive. Whether an advertisement has a capacity or tendency to mislead or
				deceive shall be determined by the Commissioner of Insurance from the overall
				impression that the advertisement may be reasonably expected to create upon a
				person of average education or intelligence, within the segment of the public
				to which it is directed.
B.
				Advertisements shall be truthful and not misleading in fact or in implication.
				Words or phrases whose meanings are clear only by implication or by the
				consumer's familiarity with insurance terminology shall not be used.
C. An insurer must clearly identify its
				Medicare supplement insurance policy as an insurance policy. A policy trade
				name must be followed by the words& Insurance Policy" or similar words
				clearly identifying the fact that an insurance policy or health benefits
				product (in the case of health maintenance organizations, prepaid health plans
				and other direct service organizations) is being offered.
D. No insurer, agent, broker, producer,
				solicitor or other person shall solicit a resident of this State for the
				purchase of Medicare supplement insurance in connection with or as the result
				of the use of any advertisement by such person or any other person, where the
				advertisement:
1. Contains any misleading
				representations or misrepresentations, or is otherwise untrue, deceptive or
				misleading with regard to the information imparted, the status, character or
				representative capacity of such person or the true purpose of the
				advertisement; or
2. Otherwise
				violates the provisions of these rules.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 16 - (88-105) Advertisements of Medicare Supplement Insurance with Interpretative Guidelines › Rule 19-1-16.06 - Advertisements of Benefits, Losses Covered or Premiums Payable

Current through June 25, 2024
A. Deceptive Words, Phrases or Illustrations
				Prohibited
1. No advertisement shall omit
				information or use words, phrases, statements, references or illustrations if
				the omission of such information or use of such words, phrases, statements,
				references or illustrations has the capacity, tendency or effect of misleading
				or deceiving purchasers or prospective purchasers as to the nature or extent of
				any policy benefit payable, loss covered or premium payable. The fact that the
				policy offered is made available to a prospective insured for inspection prior
				to consummation of the sale or an offer is made to refund the premium if the
				purchaser is not satisfied, does not remedy misleading statements.
2. No advertisement shall contain or use
				words or phrases such as "all," "full," "complete," "comprehensive,"
				"unlimited," "up to," "as high as," "this policy will help fill some of the
				gaps that Medicare and your present insurance leave out," "this policy pays all
				that Medicare doesn't" or similar words and phrases, in a manner which
				exaggerates any benefit beyond the terms of the policy.
3. An advertisement which also is an
				invitation to join an association, trust or discretionary group must solicit
				insurance coverage on a separate and distinct application which requires
				separate signatures for each application. The separate and distinct application
				required for an advertisement which is also an invitation to join an
				association, trust or discretionary groups need not be on a separate document
				or contained in a separate mailing. The insurance program must be represented
				so as not to mislead or deceive the prospective members that they are
				purchasing insurance as well as applying for membership, if that is the
				case.
4. An advertisement shall not
				contain descriptions of policy limitations, exceptions or reductions, worded in
				a positive manner to imply that it is a benefit, such a describing a waiting
				period as a "benefit builder" or stating "even preexisting conditions are
				covered after 6 months." Words and phrases used in an advertisement to desire
				such policy limitations, exceptions and reductions shall fairly and accurately
				describe the negative features of such limitations, exceptions and reductions
				of the policy offered.
5. An
				advertisement of Medicare supplement insurance sold by direct response shall
				not state or imply that "because no insurance agent will call and no
				commissions will be paid to agents' that it is a low cost plan" or use other
				similar words or phrases because the cost of advertising and servicing such
				policies is a substantial cost in marketing by direct response.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 16 - (88-105) Advertisements of Medicare Supplement Insurance with Interpretative Guidelines › Rule 19-1-16.07 - Necessity for Disclosing Policy Provisions Relating to Renewability, Cancellability and Termination

Current through June 25, 2024
An advertisement which is an invitation to contract shall
				  disclose the provisions relating to renewability, cancellability and
				  termination and any modification of benefits, losses covered or premiums
				  because of age or for other reasons, in a manner which shall not minimize or
				  render obscure the qualifying conditions.
Miss. Code Ann. §
										83-9-103
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 16 - (88-105) Advertisements of Medicare Supplement Insurance with Interpretative Guidelines › Rule 19-1-16.08 - Testimonials or Endorsements by Third Parties

Current through June 25, 2024
A.
				Testimonials and endorsements used in advertisements must be genuine, represent
				the current opinion of the author, be applicable to the policy advertised and
				be accurately reproduced. The insurer, in using a testimonial or endorsement,
				makes as its own all of the statement contained therein, and the advertisement,
				including such statement, is subject to all the provisions of these rules. When
				a testimonial or endorsement is used more than one year after it was originally
				given, a confirmation must be obtained.
B. A person shall be deemed a "spokesperson"
				if the person making the testimonial or endorsement:
1. Has a financial interest in the insurer or
				a related entity as a stockholder, director, officer, employee or otherwise;
				or
2. Has been formed by the
				insurer, is owned or controlled by the insurer, its employees, or the person or
				persons who own or control the insurer; or
3. Has any person in a policy-making position
				who is affiliated with the insurer in any of the above described capacities;
				or
4. Is in any way directly or
				indirectly compensated for making a testimonial or endorsement.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 16 - (88-105) Advertisements of Medicare Supplement Insurance with Interpretative Guidelines › Rule 19-1-16.09 - Use of Statistics

Current through June 25, 2024
A. An advertisement
				relating to the dollar amounts of claims paid, the number of persons insured,
				or similar statistical information relating to any insurer or policy shall not
				use irrelevant facts, and shall not be used unless it accurately reflects all
				of the relevant facts. Such an advertisement shall not imply that such
				statistics are derived from a policy advertised unless such is the fact, and
				when applicable to other policies or plans shall specifically so state.
1. An advertisement shall specifically
				identify the Medicare supplement insurance policy to which statistics relate
				and, where statistics are given which are applicable to a different policy, it
				must be stated clearly that the data do not relate to the policy being
				advertised.
2. An advertisement
				using statistics which describe an insurer, such as corporate structure,
				financial standing, age, product lines or relative position in the insurance
				business, may be irrelevant and, if used at all, must be used with extreme
				caution because of the potential for misleading the public. As a specific
				example, an advertisement for Medicare supplement insurance which refers to the
				amount of life insurance which the company has in force or the amounts paid out
				in life insurance benefits is not permissible unless the advertisement clearly
				indicates the amount paid out for each line of insurance.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 16 - (88-105) Advertisements of Medicare Supplement Insurance with Interpretative Guidelines › Rule 19-1-16.10 - Disparaging comparisons and Statements

Current through June 25, 2024
An advertisement shall not directly or indirectly make unfair
				  or incomplete comparisons of policies or benefits or comparisons of
				  non-comparable policies of other insurers, and shall not disparage competitors,
				  their policies, services or business methods, and shall not disparage or
				  unfairly minimize competing methods of marketing insurance.
A. An advertisement shall not contain
				statements such as "no red tape" or "here is all you do to receive
				benefits."
B. Advertisements which
				state or imply that competing insurance coverages customarily contain certain
				exceptions, reductions or limitations not contained in the advertised policies
				are unacceptable unless such exceptions, reductions, or limitations are
				contained in a substantial majority of such competing coverages.
C. Advertisements which state or imply that
				an insurer's premiums are lower or that its loss ratios are higher because its
				organizational structure differs from that of competing insurers are
				unacceptable.
Miss. Code Ann. §
										83-9-103
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 16 - (88-105) Advertisements of Medicare Supplement Insurance with Interpretative Guidelines › Rule 19-1-16.11 - Jurisdictional Licensing and Status of Insurer

Current through June 25, 2024
A. An
				advertisement which is intended to be seen or heard beyond the limits of the
				jurisdiction in which the insurer is licensed shall not imply licensing beyond
				those limits.
B. An advertisement
				shall not create the impression directly or indirectly that the insurer, its
				financial condition or status; or the payment of its claims; or the merits,
				desirability or advisability of its policy forms or kinds of plans of insurance
				are approved, endorsed or accredited by any division or agency of this State or
				the United States Government.
Miss. Code Ann. §
										83-9-103
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 16 - (88-105) Advertisements of Medicare Supplement Insurance with Interpretative Guidelines › Rule 19-1-16.12 - Identity of Insurer

Current through June 25, 2024
A. The name of the
				actual insurer shall be stated in all of its advertisements. The form number or
				numbers of the policy advertised shall be state in an advertisement which is an
				invitation to contract. An advertisement shall not use a trade name, any
				insurance group designation, name of the parent company of the insurer, name of
				a particular division of the insurer, service mark, slogan, symbol or other
				device which with or without disclosing the name of the actual insurer would
				have the capacity and tendency to mislead or deceive as to the true identity of
				the insurer.
B. No advertisement
				shall use any combination of words, symbols or physical materials which by
				their content, phraseology, shape, color or other characteristics are so
				similar to combination of words, symbols or physical materials used by agencies
				of the federal government or of this State, or otherwise appear to be of such
				nature that it tends to confuse or mislead prospective insureds into believing
				that the solicitation is in some manner connected with an agency of the
				municipal, state or federal government.
C. Advertisements, envelopes or stationary
				which employs words, letters, initials, symbols or other devices which are so
				similar to those used by governmental agencies or other insurers are not
				permitted if they may lead the public to believe:
1. that the advertised coverages are somehow
				provided by or are endorsed by such governmental agencies or such other
				insurers;
2. that the advertiser is
				the same as, is connected with or is endorsed by such governmental agencies or
				such other insurers.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 16 - (88-105) Advertisements of Medicare Supplement Insurance with Interpretative Guidelines › Rule 19-1-16.13 - Group or Quasi-Group Implications

Current through June 25, 2024
A. An advertisement
				of a particular policy shall not state or imply that prospective insureds
				become group or quasi-group members covered under a group policy and as such
				enjoy special rates or underwriting privileges, unless such is the
				fact.
B. This rule prohibits the
				solicitation of a particular class, such as governmental employees, by use of
				advertisements which state or imply that their occupational status entitles
				them to reduced rates on a group or other basis when , in fact, the policy
				being advertised is sold only on an individual basis at regular
				rates.
Miss. Code Ann. §
										83-9-103
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 16 - (88-105) Advertisements of Medicare Supplement Insurance with Interpretative Guidelines › Rule 19-1-16.14 - Introductory, Initial or Special Offers

Current through June 25, 2024
A. Offers
1. An advertisement of an individual policy
				shall not directly or by implication represent that a contract or combination
				of contracts is an introductory, initial or special offer, or that applicants
				will receive substantial advantages not available at a later date, or that the
				offer is available only to a specified group of individuals, unless such is the
				fact. An advertisement shall not contain phrases describing an enrollment
				period as "special," "limited," or similar words or phrases when the insurer
				uses such enrollment periods as the usual method of advertising Medicare
				supplement insurance.
2. An
				enrollment period during which a particular insurance product may be purchased
				on an individual basis shall not be offered within this State unless there has
				been a lapse of not less than (6) months between the close of the immediately
				preceding enrollment period for the same product and the opening of the new
				enrollment period. The advertisement shall indicate the date by which the
				applicant must mail the application, which shall be not less than ten days and
				not more than forty days from the date that such enrollment period is
				advertised for the first time. This rule applies to all advertising media,
				i.e., mail, newspapers, radio, television, magazines and periodicals, by any
				one insurer. It is not applicable to solicitation of employees or members of a
				particular group or association which otherwise would be eligible under
				specific provisions of the Insurance Code for group, blanket or franchise
				insurance. The phrase "any one insurer" includes all the affiliated companies
				of a group of insurance companies under common management or control.
3. This rule prohibits any statement or
				implication to the effect that only a specific number of policies will be sold,
				or that a time is fixed for the discontinuance of the sale of the particular
				policy advertised because of special advantages available in the policy, unless
				such is the fact.
4. The phrase "a
				particular insurance product" in Paragraph (2) of this section means an
				insurance policy which provides substantially different benefits than those
				contained in any other policy. Different terms of renewability; an increase or
				decrease in the dollar amounts of benefits; an increase or decrease in any
				elimination period or waiting period from those available during an enrollment
				period for another policy shall not be sufficient to constitute the product
				being offered as a different product eligible for concurrent or overlapping
				enrollment.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 16 - (88-105) Advertisements of Medicare Supplement Insurance with Interpretative Guidelines › Rule 19-1-16.15 - Statements About an Insurer

Current through June 25, 2024
An advertisement shall not contain statements which are
				  untrue in fact, or by implication misleading, with respect to the assets,
				  corporate structure, financial standing, age or relative position of the
				  insurer in the insurance business. An advertisement shall not contain a
				  recommendation by any commercial rating system unless it clearly indicated the
				  purpose of the recommendation and the limitations of the scope and extent of
				  the recommendation.
Miss. Code Ann. §
										83-9-103
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 16 - (88-105) Advertisements of Medicare Supplement Insurance with Interpretative Guidelines › Rule 19-1-16.16 - Enforcement Procedures

Current through June 25, 2024
A. Advertising
				File: Each insurer shall maintain at its home or principal office a complete
				file containing every printed, published or prepared advertisement of its
				individual policies and typical printed, published or prepared advertisements
				of its blanket, franchise and group policies hereafter disseminated in this or
				any other state, whether or not licensed in such other state, with a notation
				attached to each such advertisement which advertised. Such file shall be
				available for inspection by this Department. All such advertisements shall be
				maintained in said file for a period of either four years or until the filing
				of the next regular report of examination of the insurer, whichever is the
				longer period of time.
B.
				Certificate of Compliance: Each insurer required to file an Annual Statement
				which is now or which hereafter becomes subject to the provisions of these
				rules must file with this Department, with its Annual Statement, a Certificate
				of Compliance executed by an authorized officer of the insurer wherein it is
				stated that, to the best of his knowledge, information and belief, the
				advertisements which were disseminated by the insurer during the preceding
				statement year complied or were made to comply in all respects with the
				provisions of these rules and the Insurance Laws of this State as implemented
				and interpreted by these rules.
Miss. Code Ann. §
										83-9-103
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 16 - (88-105) Advertisements of Medicare Supplement Insurance with Interpretative Guidelines › Rule 19-1-16.17 - Severability Provision

Current through June 25, 2024
If any section or portion of a section of these rules, or the
				  applicability thereof to any person or circumstance is held invalid by a court,
				  the remainder of the rules, or the applicability of such provision to other
				  persons or circumstances, shall not be affected thereby.
Miss. Code Ann. §
										83-9-115
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 16 - (88-105) Advertisements of Medicare Supplement Insurance with Interpretative Guidelines › Rule 19-1-16.18 - Filing Requirements for Advertising

Current through June 25, 2024
Every insurer, health care service plan or other entity
				  providing Medicare supplement insurance or benefits in this State shall provide
				  a copy of any Medicare supplement advertisement intended for use in this State
				  whether through written, radio or television medium to the Commissioner of
				  Insurance of this State for review and approval by the Commissioner.
This regulation shall become effective thirty (30) days after
				  its adoption and filing with the Mississippi Secretary of State's Office, as
				  required by law.
Miss. Code Ann. §
										83-9-103;
				  §
										83-9-110
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 16 - (88-105) Advertisements of Medicare Supplement Insurance with Interpretative Guidelines › Rule 19-1-16.19 - Appendix: Interpretive Guidelines

Current through June 25, 2024
A. Guideline 1
Disclosure is one of the principal objectives of the rules
				  and this section states specifically that the rules shall assure truthful and
				  adequate disclosure of all material and relevant information. The rules
				  specifically prohibit some previous advertising techniques.
B. Guideline 2
These rules apply to any "advertisement" as that term is
				  defined in Section 3, Subsections A, H, I and J unless otherwise specified in
				  the rules. These rules apply to group, blanket and individual Medicare
				  supplement insurance advertisements. Certain distinctions, however, are
				  applicable to these categories. Among them is the level of conversance with
				  insurance, a factor which is covered by Section 5A of the rules.
C. Guideline 3-A
The scope of the term "advertisement" extends to the use of
				  all media for communications to the general public, to the use of all media for
				  communications to specific members of the general public, and to use of all
				  media for communications by agents, brokers, producers and solicitors.
D. Guideline 3-I
A "brief description of coverage" in an invitation to inquire
				  may consist of an explanation of Medicare benefits, minimum benefits, standards
				  for Medicare supplement policies, and the manner in which the advertised
				  Medicare supplement insurance policy supplements the benefits of Medicare and
				  meets or exceeds the minimum benefit requirements. An invitation to inquire
				  shall not refer to cost or the maximum dollar amount of benefits
				  payable.
As with all Medicare supplement insurance advertisements, an
				  invitation to inquire must not:
1.
				Employ devices which are designed to create undue anxiety in the minds of the
				elderly or excite fear of dependence upon relatives or charity;
2. Exaggerate the gaps in Medicare
				coverage;
3. Exaggerate the value
				of the benefits available under the advertised policy;
4. Otherwise violate the provisions of these
				rules.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 17 - (89-101) Guidelines To Be Followed When Lending Institutions Enter Into Agreements with Insurance Companies To Lease Space in Retail Areas › Rule 19-1-17.01 - Purpose

Current through June 25, 2024
The purpose of this regulation is to identify prohibited
				  activities, which, when take in conjunction with another specific existing
				  relationship, such as a lease, between a lending institution and/or insurance
				  companies, agents, agencies or representatives of same, would violate statutory
				  provisions contained in
Miss. Code Ann
. Sections
				  83-5-29
				  through
				  83-5-51,
				  83-17-7,
				  as Amended, and 83-17-227 through 83-17-231 (1972).
Miss. Code Ann. §
										83-5-29
				  et seq. (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 17 - (89-101) Guidelines To Be Followed When Lending Institutions Enter Into Agreements with Insurance Companies To Lease Space in Retail Areas › Rule 19-1-17.02 - Authority

Current through June 25, 2024
This regulation is issued pursuant to the authority vested in
				  the Commissioner of Insurance of the State of Mississippi under
Miss.
				  Code Ann
. Sections
				  83-5-29
				  through
				  83-5-51,
				  83-17-7,
				  as Amended, 83-17-231 and other applicable provisions of the Mississippi
				  Insurance Laws and is being adopted in accordance with the provisions of
Miss. Code Ann
. Chapter 43, Title 25 and Mississippi Insurance
				  Department Regulation Number 88-101, said regulation being the Rules of
				  Practice and Procedure before the Mississippi Insurance
				  Department.
Miss. Code Ann. §
										83-5-29
				  et seq. (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 17 - (89-101) Guidelines To Be Followed When Lending Institutions Enter Into Agreements with Insurance Companies To Lease Space in Retail Areas › Rule 19-1-17.03 - Definitions

Current through June 25, 2024
For the purposes of this regulation, unless the context
				  otherwise requires:
A. "Agent" means an "insurance agent" as defined in
Miss. Code Ann
. Sections
				  83-17-1,
				  83-17-101 and 83-17-203(1972).
B. "Insurance Company" means any company which is subject to
				  the jurisdiction of the Mississippi Insurance Department under
Miss.
				  Code Ann
. Title 83 (1972).
C. "Lending Institution" means any bank or savings and loan
				  association as defined in
Miss
.
Code Ann
.
				  Section 83-17-227(1972).
D. "Insurance" means all kinds of insurance as set forth in
Miss. Code Ann
. Title 83 (1972), with the exception of credit
				  life and credit health and accident insurance as defined under
Miss.
				  Code Ann
. Section 83-17-227(e) (1972).
E. "Retail Area" means all open space within the financial
				  institution building where the normal business of banking is conducted, but is
				  not limited to loan and discount transaction stations, savings stations, cash
				  debit and credit stations and installment and finance payment stations.
F. "Leased Area" means that specific location where the agent
				  will conduct business, display advertisements and promote insurance related
				  activities as identified in the leasing agreement.
Miss. Code Ann. §
										83-5-29
				  et seq. (Rev. 2011)