reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 2 - Life Insurance › Chapter 20 - Term and Universal Life Insurance Reserve Financing Model Regulation › Rule 19-2-20.05 - Definitions

Current through June 25, 2024
A. "Actuarial Method" means the methodology
				used to determine the Required Level of Primary Security, as described in Rule
				20.06.
B. "Covered Policies" means
				the following: Subject to the exemptions described in Rule 20.04, Covered
				Policies are those policies, other than Grandfathered Policies, of the
				following policy types:
(1) Life insurance
				policies with guaranteed nonlevel gross premiums and/or guaranteed nonlevel
				benefits, except for flexible premium universal life insurance policies;
				or,
(2) Flexible premium universal
				life insurance policies with provisions resulting in the ability of a
				policyholder to keep a policy in force over a secondary guarantee
				period.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 2 - Life Insurance › Chapter 20 - Term and Universal Life Insurance Reserve Financing Model Regulation › Rule 19-2-20.08 - Severability

Current through June 25, 2024
If any provision of this regulation is held invalid, the
				  remainder shall not be affected.
Miss. Code
				  Ann. §§
										83-5-1 and  83-19-157 (Rev.
				  2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 2 - Life Insurance › Chapter 20 - Term and Universal Life Insurance Reserve Financing Model Regulation › Rule 19-2-20.09 - Prohibition against Avoidance

Current through June 25, 2024
No insurer that has Covered Policies as to which this
				  regulation applies (as set forth in Rule 20.03 ) shall take any action or series
				  of actions, or enter into any transaction or arrangement or series of
				  transactions or arrangements if the purpose of such action, transaction or
				  arrangement or series thereof is to avoid the requirements of this regulation,
				  or to circumvent its purpose and intent, as set forth in Rule
				  20.02.
Miss. Code
				  Ann. §§
										83-5-1 and  83-19-157 (Rev.
				  2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 2 - Life Insurance › Chapter 20 - Term and Universal Life Insurance Reserve Financing Model Regulation › Rule 19-2-20.10 - Effective Date

Current through June 25, 2024
This regulation shall become effective thirty (30) days after
				  filing, and shall pertain to all Covered Policies in force as of and after that
				  date.
Miss. Code
				  Ann. §
										25-43-3.113(2)(b)(i) (Rev. 2018); and §
										83-5-1 (Rev.
				  2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 1 - (LA&H 57-2) Payment of Health, Accident & Hospitalization Premium to Company or State Agency › Rule 19-3-1.01

Current through June 25, 2024
TO ALL COMPANIES WRITING HEALTH, ACCIDENT &
				  HOSPITALIZATION INSURANCE IN MISSISSIPPI.
It has come to the attention of the State Insurance
				  Department that certain agents in the State make a practice of having the
				  insured's check made to the agent personally rather than to the company or
				  state agent. In order to provide protection to the insured, both companies and
				  agents are hereby advised that effective November 15, 1957, ALL CHECKS SHALL BE
				  MADE PAYABLE EITHER TO THE COMPANY OR TOAN AUTHORIZED STATE AGENCY, rather than
				  to the individual agent making the sale.
The companies are requested to incorporate in their receipts
				  in bold type "CHECK SHOULD BE MADE PAYABLE TO THE COMPANY OR STATE AGENCY; DO
				  NOT MAKE CHECK PAYABLE TO SALESMAN." Companies having printed receipts already
				  on hand may use a rubber stamp until new forms are printed.
This Order is prompted by the following circumstances: (1)
				  over-charges on the part of salesmen who have checks made payable to themselves
				  and in which instances the company is unable to ascertain the amount actually
				  charged; (2) collection of annual premiums by agents and remittance of partial
				  premiums only; (3) collection of premiums and failure to submit application or
				  premium to the company.
Willful violation of this ruling on the part of an agent will
				  result in revocation of his license.
Please acknowledge receipt of this Order by letter to the
				  Department.
This 30thDay of October,
				  1957.
Miss Code Ann.
				  §§
										83-5-1;
				  83-5-29 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 2 - (LA&H 62-2) Health and Accident Payment of Claims › Rule 19-3-2.01

Current through June 25, 2024
MEMORANDUM TO ALL COMPANIES WRITING HEALTH AND ACCIDENT
				  INSURANCE:
The Department is being deluged with letters from insureds
				  requesting assistance in the payment of claims. A great number of the letters
				  from the insureds state that an "agent" told them to write the Department and
				  that the Department could get these claims paid.It is apparent that many agents
				  are using this method to reflect upon and embarrass competitive companies. Such
				  action on the part of either agents or companies will not be tolerated. It will
				  be an impossible task for the Department to bulletin each individual Accident
				  and Health agent. For that reason we are requesting the various companies
				  operating in Mississippi to cooperate with us in the following manner.
Bulletin your individual agents, either through the home
				  office or district office, warning them against referring any claim to this
				  office which does not involve his or her company. Further advise the individual
				  agents that loose remarks about the claim payment record of any competing
				  company will immediately result in a hearing before the Department and may
				  result in a revocation of license.
Your usual cooperation will be sincerely appreciated.
November 8, 1962
Miss Code Ann §
										83-5-33
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 3 - (LA&H 62-1) Clarification of "Non-Cancelable" and "Guaranteed Renewable" › Rule 19-3-3.01

Current through June 25, 2024
WHEREAS, a marked degree of confusion exists in this state by
				  reason of various interpretations relative to use of the terms
				  "non-cancellable" and guaranteed renewable"insurance, it is deemed in the
				  public interest for the Mississippi Insurance Department toadopt the
				  interpretation of the National Association of Insurance Commissions with
				  reference to such terms approved in December 1959, which interpretation is as
				  follows:
The terms "non-cancellable" or "non-cancelable and guaranteed
				  renewable" may be used only in a policy which the insured has the right to
				  continue in force by the timely payment of premiums set forth in the policy(1)
				  until at least age 50, or (2) in the case of a policy issued after age 44,
				  forat least five years from its date of issue, during which period the insurer
				  has no right to make unilaterally any change in any provision of the policy
				  while the policy is in force.
Except as provided above, the term "guaranteed renewable" may
				  be usedonly in a policy which the insured has the right to continue in force by
				  the timely payment of premiums (1) until at least age 50, or (2) in the case of
				  a policy issued after age 44, for at least five years from its date of issue,
				  during which period the insurer has no right to make unilaterally any change in
				  any provision of the policy while the policy is in force, except that the
				  insurer may make changes in premiumrates by classes.
The foregoing limitation on use of the term non-cancellable"
				  shall also apply to any synonymous term such as " not cancellable" and the
				  limitation on use of the term "guaranteed renewable" shall apply to any
				  synonymous term such as "guaranteed continuable."
Nothing herein contained is intended to restrict the
				  development of policies having other guarantees of renewability, or to prevent
				  the accurate description of their terms of renewability or the classification
				  of such policies as guaranteed renewable or non-cancellable for any period
				  during which they may actually be such, provided the terms used to describe
				  them in policy contracts and advertising are not such as may readily be
				  confused with the above terms.
Adoption of the above interpretation shall be effective as of
				  the date of this Order as to new policy approvals; any policy forms now
				  approved which are in conflict with the above interpretation are hereby
				  disapproved for sale in the State of Mississippi on and after January 1,
				  1963.
So Ordered this 24TH Day of July,
				  1962.
Miss code Ann
				  §§
										83-5-1;
				  83-5-29 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 5 - (LA&H 74-3) Advertisement of Accident and Health Insurance › Rule 19-3-5.01 - Purpose

Current through June 25, 2024
The purpose of these rules is to assure truthful and adequate
				  disclosure of all material and relevant information in the advertising of
				  accident and sickness insurance. This purpose is intended to be accomplished by
				  the establishment of, and adherence to, certain minimum standards and
				  guidelines of conduct in the advertising of accident and sickness insurance in
				  a manner which prevents unfair competition among insurers and is conducive to
				  the accurate presentation and description to the insurance buying public of a
				  policy of such insurance offered through various advertising
				  media.
Miss Code Ann
				  §§
										83-5-29;
				  83-5-35 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 5 - (LA&H 74-3) Advertisement of Accident and Health Insurance › Rule 19-3-5.02 - Applicability

Current through June 25, 2024
A. These rules shall apply to any accident
				and sickness insurance "advertisement", as that term is hereinafter defined,
				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 or solicitor as those
				terms are defined in the Insurance Code of this State and these
				rules.
B. Every insurer shall
				establish and at all times maintain a system of control over the content, form
				and method of dissemination of all advertisements of its policies. All such
				advertisements, regardless of by whom written, created, designed or presented,
				shall be the responsibility of the insurer whose policies are so
				advertised.
Miss Code Ann §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 5 - (LA&H 74-3) Advertisement of Accident and Health Insurance › Rule 19-3-5.03 - 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 of an insurer used
				in direct mail, newspapers, magazines, radio scripts, TV scripts, billboards
				and similar displays; and
2.
				Descriptive literature and sales aids of all kinds issued by an insurer, agent
				or broker for presentation to members of the insurance buying public, including
				but not limited to circulars, leaflets, booklets, depictions, illustrations and
				form letters; and
3. Prepared sales
				talks, presentations and material for use by agents, brokers and
				solicitors.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 5 - (LA&H 74-3) Advertisement of Accident and Health Insurance › Rule 19-3-5.04 - 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
				  fashion or intermingled with the context of the advertisement so as to be
				  confusing or misleading.
Miss Code Ann §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 5 - (LA&H 74-3) Advertisement of Accident and Health Insurance › Rule 19-3-5.05 - Form And Content Of Advertisements

Current through June 25, 2024
A. The format and
				content of an advertisement of an accident or sickness insurance policy 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, the meaning of which is
				clear only by implication or by familiarity with insurance terminology, shall
				not be used.
Miss Code Ann §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 5 - (LA&H 74-3) Advertisement of Accident and Health Insurance › Rule 19-3-5.07 - Necessity For Disclosing Policy Provisions Relating To Renewability, Cancellability And Termination

Current through June 25, 2024
When an advertisement which is an invitation to contract
				  refers to either a dollar amount or a period of time for which any benefit is
				  payable, or the cost of the policy, or specific policy benefit, or the loss for
				  which such benefit is payable, it 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 reason, in a manner
				  which shall not minimize or render obscure the qualifying
				  conditions.
Miss Code Ann §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 5 - (LA&H 74-3) Advertisement of Accident and Health Insurance › Rule 19-3-5.08 - Testimonials Or Endorsements By Third Parties

Current through June 25, 2024
A. Testimonials
				used in advertisements must be genuine, represent the current opinion of the
				author, be applicable to the policy advertised and be accurately reproduce. The
				insurer, in using a testimonial, makes as its own all of the statements
				contained herein, and the advertisement, including such statement, is subject
				to all the provisions of these rules.
B. If the person making a testimonial, an
				endorsement or an appraisal has a financial interest in the insurer, or a
				related entity as a stockholder, director, officer, employee, or otherwise,
				such fact shall be disclosed in the advertisement. If a person is compensated
				for making a testimonial, endorsement or appraisal, such fact shall be
				disclosed in the advertisement by language substantially as follows: "Paid
				Endorsement". This rule does not require disclosure of union "scale" wages
				required by union rules if the payment is actually for such "scale' for TV or
				radio performances. The payment of substantial amounts, directly or indirectly,
				for "travel and entertainment" for filming or recording of TV or radio
				advertisements remove the filming or recording from the category of an
				unsolicited testimonial and require disclosure of such compensation.
C. An advertisement shall not state or imply
				that an insurer or a policy has been approved or endorsed by any individual,
				group of individuals, society, association or other organizations, unless such
				is the fact, and unless any proprietary relationship between an organization
				and the insurer is disclosed. If the entity making the endorsement or
				testimonial has been formed by the insurer or is owned or controlled by the
				insurer or the person or persons who own or control the insurer, such fact
				shall be disclosed in the advertisement.
D. When a testimonial refers to benefits
				received under a policy, the specific claim date, including claim number, date
				or loss, and other pertinent information shall be retained by the insurer for
				inspection for a period of four years or until the filing of the next regular
				report on examination of the insurer, whichever is the longer period of
				time.
Miss Code Ann §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 5 - (LA&H 74-3) Advertisement of Accident and Health Insurance › Rule 19-3-5.09 - 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 the policy advertised unless such is the fact, and
				when applicable to other policies or plans shall specifically so
				state.
B. An advertisement shall
				not represent or imply that claim settlements by the insurer are "liberal" or
				"generous", or use words of similar import, or that claim settlements are or
				will be beyond the actual terms of the contract. An unusual amount paid for a
				unique claim for the policy advertised is misleading and shall not be
				used.
C. The source of any
				statistics used in an advertisement shall be identified in such
				advertisement.
Miss Code Ann §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 5 - (LA&H 74-3) Advertisement of Accident and Health Insurance › Rule 19-3-5.10 - Identification Of Plan Or Number Of Policies

Current through June 25, 2024
A. When a choice
				of the amount of benefits is referred to, an advertisement which is an
				invitation to contract shall disclose that the amount of benefits provided
				depends upon the plan selected and that the premium will vary with the amount
				of the benefits selected.
B. When
				an advertisement which is an invitation to contract refers to various benefits
				which may be contained in two or more policies, other than group master
				policies, the advertisement shall disclose that such benefits are provided only
				through a combination of such policies.
Miss Code Ann §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 5 - (LA&H 74-3) Advertisement of Accident and Health Insurance › Rule 19-3-5.11 - 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.
Miss Code Ann §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 5 - (LA&H 74-3) Advertisement of Accident and Health Insurance › Rule 19-3-5.12 - 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 or plans of
				insurances are approved, endorsed, or accredited by any division or agency of
				this State or the United States Government.
Miss Code Ann §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 5 - (LA&H 74-3) Advertisement of Accident and Health Insurance › Rule 19-3-5.13 - Identity Of Insurer

Current through June 25, 2024
The name of the actual insurer [and] shall be stated in all
				  of its advertisements. The form number or numbers of the policy advertised
				  shall be stated 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 without disclosing
				  the name of the actual insurer would have the capacity band tendency to mislead
				  or deceive as to the true identity of the insurer.
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 a 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.
Miss Code Ann §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 5 - (LA&H 74-3) Advertisement of Accident and Health Insurance › Rule 19-3-5.14 - Group Or Quasi-Group Implications

Current through June 25, 2024
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.
Miss Code Ann §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 5 - (LA&H 74-3) Advertisement of Accident and Health Insurance › Rule 19-3-5.15 - Introductory, Initial or Special Offers

Current through June 25, 2024
A.
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 accident and
				sickness 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 six (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 (10)
				days and not more than thirty(30) 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 inapplicable to solicitations 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 substantial 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 periods.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 5 - (LA&H 74-3) Advertisement of Accident and Health Insurance › Rule 19-3-5.16 - 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 indicates the
				  purpose of the recommendation and the limitations of the scope and extent of
				  the recommendations.
Miss Code Ann §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 5 - (LA&H 74-3) Advertisement of Accident and Health Insurance › Rule 19-3-5.17 - Enforcement Procedures

Current through June 25, 2024
A. Advertising File
Each insurer shall maintain at its home or principle 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 shall indicate
				  the manner and extent of distribution and the form number of any policy
				  advertised. Such file shall be subject to regular and periodical 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 on
				  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 thereafter 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 §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 5 - (LA&H 74-3) Advertisement of Accident and Health Insurance › Rule 19-3-5.18 - 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
				  §§
										83-5-1;
				  83-5-29; (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 5 - (LA&H 74-3) Advertisement of Accident and Health Insurance › Rule 19-3-5.19 - Methods Of Interpretation And Guidelines

Current through June 25, 2024
The methods of interpretation and guidelines in construing
				  the foregoing rules and regulations shall so far as applicable be those adopted
				  by the National Association of Insurance commissioners, as shown in Volume 1,
				  1972 Proceedings of the National Association of Insurance Commissioners, as
				  found on Page 563 and the following pages thereof, pertaining to NAIC rules
				  governing accident and sickness insurance, as amended by or supplemented by
				  rules and interpretive guidelines concerning advertisements of accident and
				  sickness insurance, Draft 4, dated April 16, 1974, of National Association of
				  Insurance Commissioners.
Miss Code Ann §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 5 - (LA&H 74-3) Advertisement of Accident and Health Insurance › Rule 19-3-5.20 - Effective Date

Current through June 25, 2024
These rules shall take effect and be in force from and after
				  January 1, 1975.
Promulgated and Adopted, this the
				  25th day of November, 1974.
Miss Code Ann §
										25-43-3.113
				  (Rev. 2010)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 6 - (86-102) Credit Life and Credit Disability › Rule 19-3-6.01 - Statutory Authority

Current through June 25, 2024
This Regulation is promulgated by the Commissioner of
				  Insurance of the State of Mississippi to implement Sections
				  83-5-1,
				  83-17-129, 83-17-229, and 83-17-231 of the
Mississippi Code of
				  1972
, Annotated and Amended and Senate Bill 2482 as adopted by the
				  1986 Session of the Mississippi Legislature, and in accordance with Section
				  25-43-1through 25-43-19,
Mississippi Code of 1972
,
				  known as the Mississippi Administrative Procedures Law, do hereby promulgate
				  the following Regulation 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, to read as follows:
Miss Code Ann §
										83-53-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 6 - (86-102) Credit Life and Credit Disability › Rule 19-3-6.02 - Purpose

Current through June 25, 2024
The purpose of this Regulation is to promote the public
				  welfare by regulating credit life and disability insurance.
Miss Code Ann §
										83-53-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 6 - (86-102) Credit Life and Credit Disability › Rule 19-3-6.03 - Applicability

Current through June 25, 2024
This Regulation shall apply to bona fide supervising general
				  agents and insurance companies who engage in the business of credit life and
				  credit disability insurance programs.
Miss Code Ann §
										83-53-3
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 6 - (86-102) Credit Life and Credit Disability › Rule 19-3-6.04 - Bona Fide Supervising General Agents

Current through June 25, 2024
A. The intent of
				this Regulation is to prohibit the use of a supervising general agent's license
				as a means to provide additional excessive commissions to a writing agent or
				creditor.
B. A bona fide
				supervising general agent shall be defined as an applicant applying for a
				license or a renewal thereof to permit said applicant to supervise the
				activities of soliciting agents, to service said business, and not for the
				purpose of obtaining an override commission on "controlled" business. For
				purposes of this Regulation, controlled business is defined as credit insurance
				premiums written by or for an agent or creditor in which the applicant, his
				relatives, business associates, employers, employees or any of them have an
				interest, either legal or beneficial.
C. Violations of the restrictions on
				compensation by the applicant or by the insurance company, if found by the
				Commissioner, may lead to sanctions set forth by law to be assessed against the
				violating applicant or agent and/or the insurance company.
D. Bona fide agents applying for a credit
				life and credit disability supervising general agent's license shall make
				application for a privilege license to the Mississippi Insurance Department on
				a form prescribed by the Commissioner of Insurance. Said form will include the
				attachment of an affidavit appointment from each company appointing the
				supervising general agent which will expire December 31 of each year. The
				affidavit appointment must be renewed annually with the renewal of the
				supervising general agent's privilege license. The affidavit appointment will
				include the following information:
1. General
				information as to the insurance company appointing the supervising general
				agent; whether the agent is incorporated or unincorporated.
2. Specific functions, authority and
				responsibilities granted by the insurance company to the supervising general
				agent as designated in the agent's contract with the company.
3. Identification of the soliciting agent or
				sub-agent who will be under the supervision of the supervising general
				agent.
4. Any additional
				information the Commissioner may deem necessary to determine the validity of
				the privilege license.
Upon withdrawal of the affidavit appointment, said insurance
				  company will notify the supervising general agent that this appointment is
				  terminated. The supervising general agent's privilege license will be
				  classified invalid by the Mississippi Insurance Department unless a new
				  affidavit appointment is submitted by a licensed credit life and credit
				  disability insurance company within 30 calendar days of the effective
				  termination date. Said insurance company will notify the Department and
				  supervising general agent of this termination.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 6 - (86-102) Credit Life and Credit Disability › Rule 19-3-6.05 - Effective Date

Current through June 25, 2024
This Regulation shall become effective thirty (30) days after
				  promulgation and filing with the Secretary of State.
Miss Code Ann §
										25-43-3.113
				  (Rev. 2010)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 6 - (86-102) Credit Life and Credit Disability › Rule 19-3-6.06 - Enforcement

Current through June 25, 2024
This Regulation shall be enforced in accordance with
				  procedures established by Senate Bill 2482, Section 16 through Section
				  23.
PROMULGATED AND ADOPTED THIS THE
				  22nd DAY OF July, 1986
Miss Code Ann §
										83-53-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 7 - (88-102) Coordinating or Integrating Accident and Health Insurance Benefits › Rule 19-3-7.01

Current through June 25, 2024
Under the provisions of Title 83, Chapter 9, Mississippi Code
				  of 1972, Annotated, it is hereby ordered and directed that on or after the
				  effective date of this regulation, any insurer or nonprofit health service plan
				  providing health and accident insurance or service contracts may file for
				  approval policy forms or contracts which coordinate or integrate accident and
				  health benefits with "other health plans" through the use of a coordination of
				  benefits provision, a variable deductible, or similar provision.
It is not the purpose of this regulation to mandate or
				  require coordination or integration of accident and health benefits with "other
				  health plans". A policy containing such provisions, however, must be consistent
				  with the guidelines herein established.
"Other health plans" shall include any plan which provides
				  insurance, reimbursement, or service benefits for hospital, surgical, or
				  medical expenses; this shall include coverage under group or individual
				  insurance policies, nonprofit health service plans, health maintenance
				  organization subscriber contracts, self-insured group plans, worker's
				  compensation coverages, automobile or homeowners medical pay plans, and
				  Medicare as permitted by federal law. It shall not include:
A. Medicaid; or
B. Hospital daily indemnity plans;
				or
C. Specified diseases only
				policies; or
D. Limited occurrence
				policies which provide only for intensive care or coronary care at a hospital,
				first aid outpatient medical expenses resulting from accidents, or specified
				accidents such as travel accidents.
Any insurer or nonprofit health service plan issuing a policy
				  or contract which coordinate or integrates benefits with "other health plans"
				  must disclose this provision in its point of sale advertising materials. The
				  definition of what constitutes "other health plans' must be clearly stated and
				  set forth in the subject policy or contract.
This regulation shall supersede and fully replace any prior
				  regulation concerning the prohibitions against coordinating or integrating or
				  limiting accident and health insurance benefits, specifically including LA
				  & H Regulation No. 84-102, dated September 13, 1984.
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.
Promulgated and filed with the Office of the Secretary of
				  State on October 28, 1988.
Miss Code Ann §
										83-5-1
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 8 - (90-102) Long-Term Care Insurance Regulation › Rule 19-3-8.01 - Purpose

Current through June 25, 2024
The purpose of the regulation is to promote the public
				  interest, to promote the availability of long-term care insurance coverage, to
				  protect applicants for long-term care insurance, as defined, from unfair or
				  deceptive sales or enrollment practices, to facilitate public understanding and
				  comparison of long-term care insurance coverage's, and to facilitate
				  flexibility and innovation in the development of long-term care
				  insurance.
Miss Code Ann §
										83-5-1
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 8 - (90-102) Long-Term Care Insurance Regulation › Rule 19-3-8.02 - Authority

Current through June 25, 2024
This regulation is issued pursuant to the authority vested in
				  the Commissioner under
Miss. Code Ann
. Section
				  83-5-1
				  and Sections
				  83-5-29
				  through
				  83-5-51(1972),
				  as Amended, 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
				  §§
										83-5-1;
				  83-5-29 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 8 - (90-102) Long-Term Care Insurance Regulation › Rule 19-3-8.03 - Applicability and Scope

Current through June 25, 2024
Except as otherwise specifically provided, this regulation
				  applies to all long-term care insurance policies delivered or issued for
				  delivery in this state on or after the effective date hereof, by insurers;
				  fraternal benefit societies; nonprofit health, hospital and medical service
				  corporations; prepaid health plans; health maintenance organizations and all
				  similar organizations.
Miss Code Ann §
										83-5-1
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 8 - (90-102) Long-Term Care Insurance Regulation › Rule 19-3-8.05 - Policy Definitions

Current through June 25, 2024
No long-term insurance policy delivered or issued for
				  delivery in this state shall use the terms set forth below, unless the terms
				  are defined in the policy and the definitions satisfy the following
				  requirements:
A. "Acute condition"
				means that the individual is medically unstable. Such an individual requires
				frequent monitoring by medical professionals, such as physicians and registered
				nurses, in order to maintain his or her health status.
B. "Home health care services" means medical
				and nonmedical services, provided to ill, disabled or infirm persons in their
				residences. Such services may include homemaker services, assistance with
				activities of daily living and respite care services.
C. "Medicare" shall be defined as "The Health
				Insurance for the Aged Act, Title XVIII of the Social Security Amendments of
				1965 as "Then Constituted or Later Amended", or "Title I, Part 1 of Public Law
				89-97, as Enacted by the Eighty-Ninth Congress of the United States of America
				and popularly known as the Health Insurance for the Aged Act, as then
				constituted and any later amendments or substitutes thereof", or words of
				similar import.
D. ."Mental or
				nervous disorder" shall no be defined to include more than neurosis,
				psychoneurosis, psychopathy, psychosis, or mental or emotional disease or
				disorder.
E. "Skilled nursing
				care", "intermediate care", "personal care", "home care", and other services
				shall be defined in relation to the level of skill required, the nature of the
				care and the setting in which care must be delivered.
F. All providers of services, including but
				not limited to "skilled nursing facility", "extended care facility",
				"intermediate care facility", "convalescent nursing home", "personal care
				facility", and "home care agency" shall be defined in relation to the services
				and facilities required to be available and the licensure or degree status of
				those providing or supervising the services. The definition may require that
				the provider be appropriately licensed or certified.
Miss Code Ann §
										83-5-1
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 8 - (90-102) Long-Term Care Insurance Regulation › Rule 19-3-8.06 - Disclosure and Performance Standards for Long-Term Care Insurance

Current through June 25, 2024
A. No long-term care insurance policy may:
1. Be cancelled, non-renewed or otherwise
				terminated on the grounds of the age or the deterioration of the mental or
				physical health of the insured individual or certificate holder; or
2. Contain a provision establishing a new
				waiting period in the event existing coverage is converted to or replaced by a
				new or other form within the same company, except with respect to an increase
				in benefits voluntarily selected by the insured individual or group
				policyholder; or
3. Provide
				coverage for skilled nursing care only or provide significantly more coverage
				for skilled care in a facility than coverage for lower levels of
				care.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 8 - (90-102) Long-Term Care Insurance Regulation › Rule 19-3-8.07 - Policy Practices and Provisions

Current through June 25, 2024
A. Renewability.
				The terms "guaranteed renewable" and "noncancellable" shall not be used in any
				individual long-term care insurance policy without further explanatory language
				in accordance with the disclosure requirements of Section 8 of this Regulation.
1. No such policy issued to an individual
				shall contain renewal provisions less favorable to the insured than "guaranteed
				renewable". However, the Commissioner may authorize nonrenewal on a statewide
				basis, on terms and conditions deemed necessary by the Commissioner, to best
				protect the interests of the insureds, if the insurer demonstrates:
a. That renewal will jeopardize the insurer's
				solvency; or
b. That:
i. The actual paid claims and expenses have
				substantially exceeded the premium and investment income associated with the
				policies; and
ii. The policies will
				continue to experience substantial and unexpected losses over their lifetime;
				and
iii. The projected loss
				experience of the policies cannot be significantly improved or mitigated
				through reasonable rate adjustments or other reasonable methods; and
iv. The insurer has made repeated and good
				faith attempts to stabilize loss experience of the policies, including the
				timely filing for rate adjustments.