reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 37 - Regulation 57-Life and Health Reinsurance Agreements › Section XIII-3707 - Written Agreements

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
				reinsurance agreement or amendment to any agreement may be used to reduce any
				liability or to establish any asset in any financial statement filed with the
				department, unless the agreement, amendment, or a binding letter of intent has
				been duly executed by both parties no later than the "as of date" of the
				financial statement.
B. In the case
				of a letter of intent, a reinsurance agreement or an amendment to a reinsurance
				agreement must be executed within a reasonable period of time, not exceeding 90
				days from the execution date of the letter of intent, in order for credit to be
				granted for the reinsurance ceded.
C. The reinsurance agreement shall contain
				provisions which provide that:
1. the
				agreement shall constitute the entire agreement between the parties with
				respect to the business being reinsured thereunder and that there are no
				understandings between the parties other than as expressed in the agreement;
				and
2. any change or modification
				to the agreement shall be null and void unless made by amendment to the
				agreement and signed by both parties.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 37 - Regulation 57-Life and Health Reinsurance Agreements › Section XIII-3709 - Existing Agreements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Insurers subject to this regulation shall reduce to zero by December 31, 1995
				any reserve credits or assets established with respect to reinsurance
				agreements entered into prior to the effective date of this regulation which,
				under the provisions of this regulation, would not be entitled to recognition
				of the reserve credits or assets; provided, however, that the reinsurance
				agreements shall have been in compliance with laws or regulations in existence
				immediately preceding the effective date of this regulation.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 22, Section
				  2(H)
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 37 - Regulation 57-Life and Health Reinsurance Agreements › Section XIII-3711 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				regulation shall become effective November 20, 1995.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 22, Section
				  2(H)
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 39 - Regulation 58-Viatical Settlements › Section XIII-3901 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				Regulation 58 is to set forth certain requirements related to viatical
				settlements including but not limited to licensure of life and/or annuity
				insurance producers and the filing of the annual report required under Title
				22, the Louisiana Insurance Code, specifically
				R.S.
				22:1795.A.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1804,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 39 - Regulation 58-Viatical Settlements › Section XIII-3903 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation 58 is
				issued pursuant to the authority vested in the Commissioner of Insurance of the
				state of Louisiana under
				R.S.
				22:11, and
				R.S.
				22:1804.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1804,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 39 - Regulation 58-Viatical Settlements › Section XIII-3905 - Life and/or Annuity Producers Acting as Brokers

Current through Register Vol. 50, No. 6, June 20, 2024
A. A life insurance producer licensed in
				Louisiana who wishes to operate as a viatical settlement broker shall notify
				the Commissioner of Insurance, in writing, of his intent to act as a viatical
				settlement broker prior to acting as a broker. The notice shall include:
1. the full name and life insurance producer
				number of the entity which will be acting as a viatical settlement
				broker;
2. if a corporation,
				partnership, limited liability company or other non-natural person the full
				name and individual license number of each person in the entity which will be
				acting as a viatical settlement broker on behalf of the entity;
3. the notice shall be signed by the licensed
				producer, if a natural person or, if a corporation, partnership, limited
				liability or other non-natural person, an authorized officer or other such
				representative of the entity.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 39 - Regulation 58-Viatical Settlements › Section XIII-3907 - Annual Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation
				58 shall be applicable to all annual reports filed with the department after
				the effective date of Regulation 58.
B. The following entities are required to
				file an annual report:
1. viatical settlement
				providers;
2. viatical settlement
				brokers and all licensed insurance producers acting as viatical settlement
				brokers pursuant to
				R.S.
				22:1792 A.(1); and
3. viatical settlement investment
				agents.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 39 - Regulation 58-Viatical Settlements › Section XIII-3909 - Viatical Settlement Provider Annual Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Viatical Settlement Provider Annual
				Report shall include the following information for each policy viaticated in
				the reporting year.
1. The date the viatical
				contract was entered into which shall be the date on which the viator and the
				viatical settlement provider agreed to the final terms of the
				contract.
2. The full legal name of
				each person who acted as a viatical settlement broker in the
				transaction.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 39 - Regulation 58-Viatical Settlements › Section XIII-3911 - Viatical Settlement Broker Annual Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. The viatical settlement broker annual
				report shall include the following information for each transaction in which
				the licensee acted as a viatical settlement broker.
1. The date the viatical contract was entered
				into which shall be the date on which the viator and the viatical settlement
				provider agreed to the final terms of the contract.
2. The full, legal name of the viatical
				settlement provider(s) that purchased the policy.
3. The full legal name(s) of each person who
				acted as a viatical settlement broker in the transaction.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 39 - Regulation 58-Viatical Settlements › Section XIII-3913 - Viatical Settlement Investment Agent Annual Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. The viatical settlement investment agent
				annual report shall include the following information:
1. the full name of all viatical settlement
				providers for which funding was sought;
2. the total amount of funding secured for
				each viatical settlement provider.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 39 - Regulation 58-Viatical Settlements › Section XIII-3915 - Notice of Regulatory Action

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Any licensee under this part (including a licensed life insurance producer
				acting as a viatical settlement broker) shall notify the commissioner of any
				regulatory action against the entity in any state within 60 days of the final
				disposition of such regulatory action.
B.
Regulatory Action
-shall
				include any fines, revocations, and suspensions imposed by a state or federal
				agency. Regulatory actions shall also include any consent agreements,
				stipulations, or other such agreements with any state or federal agency
				initiated as a result of allegations of wrong-doing or regulatory or legal
				infractions regardless of whether or not any wrongdoing was admitted by the
				licensee.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1804,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 39 - Regulation 58-Viatical Settlements › Section XIII-3917 - Minimum Financial Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any viatical settlement provider licensed
				under this part shall be at the time of initial licensure and at all times
				thereafter be a solvent entity. Failure to maintain the required financial
				solvency shall be grounds for any appropriate action by the commissioner
				including, but not limited to, the immediate issuance of a cease and desist
				order and/or a summary suspension, or the revocation of the applicable
				license.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1804,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 39 - Regulation 58-Viatical Settlements › Section XIII-3919 - Notification of Change of Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every viatical settlement provider,
				viatical settlement broker or viatical settlement investment agent shall notify
				the commissioner, in writing, of any changes to the information submitted in
				association with the application. This notification shall be made within 60
				days following the effective date of the change. Every such notification must
				contain the appropriate documents as indicated below.
1. For an amendment to the articles of
				incorporation or other organizational documents, the notice must include a copy
				of the amended articles certified as true and correct by the proper domiciliary
				state official.
2. For a change in
				the officers, directors, or natural persons owning 10 percent or more (directly
				or indirectly), partners, members, designated employees or other individuals
				responsible for the conduct of affairs of the applicant, the notice shall
				contain a completed biographical affidavit for each and every new individual
				named to such a position. The biographical affidavit shall be on a form
				approved by the commissioner.
3.
				For a change in ownership of 10 percent or more (directly or indirectly) where
				the new owner is not a natural person, the notice shall contain a detailed
				description of the corporate organizational/ownership structure of the entity,
				its parent company and all affiliates. This description should include an
				organizational chart showing the ownership percentages for any persons owning
				10 percent or more of all affiliated entities up to and including the ultimate
				controlling person.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 41 - Regulation 60-Advertising of Life Insurance › Section XIII-4101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				this regulation is to set forth minimum standards and guidelines to assure a
				full and truthful disclosure to the public of all material and relevant
				information in the advertising of life insurance policies and annuity
				contracts. This rule is being amended to remove the requirement that insurers
				file a certificate of compliance in regards to advertisements.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. Title 22, Section
				  3
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 41 - Regulation 60-Advertising of Life Insurance › Section XIII-4103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Advertisement
-
1. material designed to create public
				interest in life insurance or annuities or in an insurer, or in an insurance
				producer; or to induce the public to purchase, increase, modify, reinstate,
				borrow on, surrender, replace, or retain a policy including:
a. printed and published material,
				audiovisual material, and descriptive literature of an insurer or insurance
				producer used in direct mail, newspapers, magazines, radio and television
				scripts, billboards, similar displays, the Internet or any other mass
				communication media;
b. descriptive
				literature and sales aids of all kinds, authored by the insurer, its insurance
				producers, or third parties, issued, distributed, or used by such insurer or
				insurance producer including, but not limited to, circulars, leaflets,
				booklets, web pages, depictions, illustrations, and form letters;
c. material used for the recruitment,
				training, and education of an insurer's insurance producers which is designed
				to be used or is used to induce the public to purchase, increase, modify,
				reinstate, borrow on, surrender, replace, or retain a policy;
d. prepared sales talks, presentations, and
				material for use by insurance producers.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 41 - Regulation 60-Advertising of Life Insurance › Section XIII-4105 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules
				shall apply to any life insurance or annuity advertisement intended for
				dissemination in this state. In variable contracts where disclosure
				requirements are established pursuant to federal regulation, this regulation
				shall be interpreted so as to eliminate conflict with federal
				regulation.
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. A
				system of control shall include regular and routine notification, at least once
				a year, to producers and others authorized by the insurer to disseminate
				advertisements of the requirement and procedures for company approval prior to
				the use of any advertisements that is not furnished by the insurer and that
				clearly sets forth within the notice the most serious consequence of not
				obtaining the required prior approval. All such advertisements, regardless of
				by whom written, created, designed, or presented, shall be the responsibility
				of the insurer, as well as the producer who created or presented the
				advertisement, provided the insurer shall not be responsible for advertisements
				that are published in violation of written procedures or guidelines of the
				insurer.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 41 - Regulation 60-Advertising of Life Insurance › Section XIII-4107 - Form and Content of Advertisements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Advertisements shall be truthful and not
				misleading in fact or by implication. The form and content of an advertisement
				of a policy shall be sufficiently complete and clear so as to avoid deception.
				It shall not have the capacity or tendency to mislead or deceive.
B. No advertisement shall use the terms
				investment, investment plan, founder's plan, charter plan, deposit, expansion
				plan, profit, profits, profit sharing, interest plan, savings, savings plan,
				private pension plan, retirement plan or other similar terms in connection with
				a policy in a context or under such circumstances or conditions as to have the
				capacity or tendency to mislead a purchaser or prospective purchaser of such
				policy to believe that he will receive, or that it is possible that he will
				receive, something other than a policy or some benefit not available to other
				persons of the same class and equal expectation of life.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 41 - Regulation 60-Advertising of Life Insurance › Section XIII-4111 - Identity of Insurer

Current through Register Vol. 50, No. 6, June 20, 2024
A. The name of
				the insurer shall be clearly identified in all advertisements, and if any
				specific individual policy is advertised, it shall be identified either by form
				number or other appropriate description. If an application is a part of the
				advertisement, the name of the insurer shall be shown on the application.
				However, if an advertisement contains a listing of rates or features that is a
				composite of several different policies or contracts of different insurers, the
				advertisement shall so state, shall indicate, if applicable, that not all
				policies or contracts on which the composite is based may be available in all
				states, and shall provide a rating of the lowest rated insurer and reference
				the rating agency, but need not identify each insurer. If an advertisement
				identifies the issuing insurers, insurance issuer ratings need not be stated.
				An advertisement shall not use a trade name, an 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 or reference without
				disclosing the name of the insurer, if the advertisement would have the
				capacity or tendency to mislead or deceive as to the true identity of the
				insurer or create the impression that a company other than the insurer would
				have any responsibility for the financial obligation under a policy.
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 a combination of
				words, symbols, or physical materials used by a governmental program or agency
				or otherwise appear to be of such a nature that they tend to mislead
				prospective insureds into believing that the solicitation is in some manner
				connected with such governmental program or agency.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 41 - Regulation 60-Advertising of Life Insurance › Section XIII-4113 - Jurisdictional Licensing and Status of Insurer

Current through Register Vol. 50, No. 6, June 20, 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 such limits.
B. An advertisement may state that an insurer
				or insurance producer is licensed in the state where the advertisement appears,
				provided it does not exaggerate such fact or suggest or imply that competing
				insurers or insurance producers may not be so licensed.
C. An advertisement shall not create the
				impression that the insurer, its financial condition or status, the payment of
				its claims or the merits, desirability, or advisability of its policy forms or
				kinds of plans of insurance are recommended or endorsed by a governmental
				entity. However, where a governmental entity has recommended or endorsed a
				policy form or plan, such fact may be stated if the entity authorizes its
				recommendation or endorsement to be used in an advertisement.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. Title 22, Section 3.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 41 - Regulation 60-Advertising of Life Insurance › Section XIII-4115 - Statements about the Insurer

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				An advertisement shall not contain statements, pictures or illustrations which
				are false or misleading, in fact or by implication, with respect to the assets,
				liabilities, insurance in force, corporate structure, financial condition, 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 defines the scope and extent of the recommendation, including but not
				limited to, placement of insurer's rating in the hierarchy of the rating system
				cited.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 41 - Regulation 60-Advertising of Life Insurance › Section XIII-4117 - Enforcement Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				insurer shall maintain at its home or principal office a complete file
				containing a specimen copy of every printed, published, or prepared
				advertisement of its individual policies and specimen copies of typical
				printed, published or prepared advertisements of its blanket, franchise, and
				group policies, hereafter disseminated in this state, with a notation
				indicating the manner and extent of distribution and the form number of any
				policy advertisement. Such file shall be subject to 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
				the examination of the insurer, whichever is the longer period of
				time.
B. If the department
				determines that an advertisement has the capacity or tendency to mislead or
				deceive the public, the department may require an insurer or insurance producer
				to submit all or any part of the advertising material for review or approval
				prior to use.
C. In addition to any
				other penalties provided by the laws of this state, an insurer or producer that
				violates a requirement of this regulation shall be guilty of a violation of
				Part XXVI, Unfair Trade Practices, of the Louisiana Insurance Code, which
				regulates the trade practices on the business of insurance by defining and
				providing for the determination of all acts, methods, and practices which
				constitute unfair methods of competition and unfair or deceptive acts and
				practices in this state, and to prohibit the same.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 41 - Regulation 60-Advertising of Life Insurance › Section XIII-4119 - Conflict with Other Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. It
				is not intended that these rules conflict with or supersede any rules currently
				in force or subsequently adopted in this state governing specific aspect of the
				sale or replacement of life insurance including, but not limited to, rules
				dealing with life insurance cost comparison indices, deceptive practices in the
				sale of life insurance, and replacement of life insurance policies.
				Consequently, no disclosure required under any such rules shall be deemed to be
				an advertisement within the meaning of these rules.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. Title 22, Section 3.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 41 - Regulation 60-Advertising of Life Insurance › Section XIII-4121 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any Section,
				term or provision of this rule shall be adjudged invalid for any reason, such
				judgment shall not affect, impair or invalidate any other Section, term or
				provision of this rule, and the remaining Sections, terms and provisions shall
				be and remain in full force and effect.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. Title 22, Section 3.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 41 - Regulation 60-Advertising of Life Insurance › Section XIII-4123 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. This revised
				regulation shall become effective upon final publication in the
Louisiana Register
and shall apply to any life insurance or
				annuity advertisement intended for dissemination in this state on or after the
				effective date.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 45 - Regulation 63-Prohibitions on the Use of Medical Information and Genetic Test Results › Section XIII-4501 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				this regulation is to establish the statutory prohibitions on the use of
				medical information including pregnancy tests, genetic tests and related
				genetic test information by health insurers, third-party administrators, and
				insurance agents.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3,
				  22:10,
				  22:2014,
				  22:2002(7),
				  22:214(22) and
				  (23),
				  22:213.6,
				  and
				  22:213.7
				  of the Insurance Code.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 45 - Regulation 63-Prohibitions on the Use of Medical Information and Genetic Test Results › Section XIII-4503 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. This regulation
				is issued pursuant to the authority vested in the Commissioner of Insurance
				under
				R.S.
				22:11,
				22:971,
				22:258,
				22:242(7),
				22:1964(22)
				and (23),
				22:1022,
				and
				22:1023
				of the
Insurance Code
.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:971,
				  22:258,
				  22:242(7),
				  22:1964(22)
				  and (23),
				  22:1022,
				  and
				  22:1023
				  of the Insurance Code.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 45 - Regulation 63-Prohibitions on the Use of Medical Information and Genetic Test Results › Section XIII-4507 - Applicability and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except
				as otherwise specifically provided, the requirements of this regulation apply
				to all issuers of health care policies or contracts of insurance, or health
				maintenance organization subscriber agreements issued for delivery in the state
				of Louisiana. The requirements of this regulation shall not impinge upon the
				normal practice of medicine or reasonable medical evaluation of an individual's
				medical history for the purpose of providing or maintaining health insurance
				coverage. The requirements of this regulation address the use of medical
				information, including use of genetic tests, and genetic information for the
				purpose of issuing, renewing, or establishing premiums for health coverage. The
				provisions of this regulation do not apply to any actions of an insurer or
				third parties dealing with an insurer taken in the ordinary course of business
				in connection with the sale, issuance or administration of a life, disability
				income, long-term care, or critical illness insurance policy. For the purpose
				of this Section, "critical illness" insurance policy shall mean health
				insurance providing a principle sum of benefit following diagnosis of
				specifically named perils.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:971,
				  22:258,
				  22:242(7),
				  22:1964(22)
				  and (23),
				  22:1022,
				  and
				  22:1023
				  of the Insurance Code.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 45 - Regulation 63-Prohibitions on the Use of Medical Information and Genetic Test Results › Section XIII-4509 - Prohibitions on the Use of Pregnancy Test Results

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any insurer shall be authorized to request
				medical information that verifies the pregnancy of an insured or individual
				applying for coverage under a health benefit plan. The results of any prenatal
				test, other than the determination of pregnancy, shall not be used as the basis
				to:
1. terminate, restrict, limit, or
				otherwise apply conditions to the coverage under the policy or plan, or
				restrict the sale of the policy or plan in force;
2. cancel or refuse to renew the coverage
				under the policy or plan in force;
3. deny coverage or exclude an individual or
				family member from coverage under the policy or plan in force;
4. impose a rider that excludes coverage for
				certain benefits or services under the policy or plan in force;
5. establish differentials in premium rates
				or cost sharing for coverage under the policy or plan in force;
6. otherwise discriminate against an insured
				individual or insured family member in the provision of insurance.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 45 - Regulation 63-Prohibitions on the Use of Medical Information and Genetic Test Results › Section XIII-4511 - Requirements for Release of Genetic Test and Related Medical Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. A general
				authorization for the release of medical records or medical information shall
				not be construed as an authorization for disclosure of genetic information. No
				insurer shall seek to obtain genetic information from an insured or applicant
				or from a DNA sample, without first obtaining written informed consent from the
				individual or authorized representative. To be valid, an authorization to
				disclose the results of a genetic test shall:
1. be in writing, signed by the individual
				and dated on the date of such signature;
2. identify the person permitted to make the
				disclosure;
3. describe the
				specific genetic information to be disclosed;
4. identify the person to whom the
				information is to be disclosed;
5.
				describe with specificity the purpose for which the disclosure is being
				made;
6. state the date upon which
				the authorization will expire, which in no event shall be more than 60 days
				after the date of the authorization;
7. include a statement that the authorization
				is subject to revocation at any time before the disclosure is actually made or
				the individual is made aware of the details of the genetic
				information;
8. include a statement
				that the authorization shall be invalid if used for any purpose other than the
				described purpose for which the disclosure is made.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 45 - Regulation 63-Prohibitions on the Use of Medical Information and Genetic Test Results › Section XIII-4513 - Prohibitions on the Use of Medical Information and Genetic Test Results

Current through Register Vol. 50, No. 6, June 20, 2024
A. No insurer shall
				require an applicant for coverage under a policy or plan, or an individual or
				family member who is presently covered under a policy or plan, to be the
				subject of a genetic test, release genetic test information, or to be subjected
				to questions relating to the medical conditions of persons not being insured
				under such policy or plan.
B. All
				insurers shall, in the application or enrollment information required to be
				provided by the insurer to each applicant concerning a policy or plan, include
				a written statement disclosing the rights of the applicant. Such statements
				shall be printed in 10-point type or greater with a heading in all capital
				letters that states: your rights regarding the release and use of genetic
				information. Disclosure statements must be approved by the Department of
				Insurance as complying with the requirements of
				R.S.
				22:1023 prior to utilization.
C.
1. No
				insurer shall request, require, or purchase genetic information either:
a. of an individual or family member of an
				individual for underwriting purposes.
b. with respect to any individual or family
				member of an individual prior to such individuals enrollment under the plan or
				coverage in connection with such enrollment.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 45 - Regulation 63-Prohibitions on the Use of Medical Information and Genetic Test Results › Section XIII-4515 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				requirements of this Section shall not apply to the genetic information
				obtained:
1. by a state, parish, municipal,
				or federal law enforcement agency for the purposes of establishing the identity
				of a person in the course of a criminal investigation or prosecution;
2. to determine paternity;
3. to determine the identity of deceased
				individuals;
4. for anonymous
				research where the identity of the subject will not be released because it is
				confidential;
5. pursuant to
				newborn screening requirements established by state or federal law;
6. as authorized by federal law for the
				identification of persons;
7. by
				the Department of Social Services or by a court having juvenile jurisdiction as
				set forth in
Children's Code
Article 302 for the purposes of
				child protection investigations or neglect proceedings.
8. For treatment, payment, and healthcare
				operations by an insurer consistent with the federal Health Insurance
				Portability and Accountability Act and its related regulations.
9. For maintenance of information by an
				insurer in accordance with record retention requirements.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 47 - Regulation 64-Vehicle Mechanical Breakdown Insurers Cancellation Provisions › Section XIII-4701 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				this regulation is to implement standard cancellation requirements in all
				vehicle mechanical breakdown contracts, and to ensure that all such contracts
				(hereafter sometimes referred to as "policies") issued, delivered or used in
				Louisiana are drafted in a more consistent and streamlined manner.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:1811,
				  R.S.
				  22:3 and
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 47 - Regulation 64-Vehicle Mechanical Breakdown Insurers Cancellation Provisions › Section XIII-4703 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. This regulation
				is promulgated under the authority granted the commissioner by
				R.S.
				22:1811,
				R.S.
				22:3 and
				R.S.
				49:950 et seq.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:1811,
				  R.S.
				  22:3 and
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 47 - Regulation 64-Vehicle Mechanical Breakdown Insurers Cancellation Provisions › Section XIII-4705 - Applicability and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				regulation shall apply to all vehicle mechanical breakdown contracts that are
				in force and to insurers issuing, for delivery or use, vehicle mechanical
				breakdown contracts in Louisiana.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:1811,
				  R.S.
				  22:3 and
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 47 - Regulation 64-Vehicle Mechanical Breakdown Insurers Cancellation Provisions › Section XIII-4707 - Cancellation Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				following standards shall govern the requirements for the cancellation
				provisions of vehicle mechanical breakdown contracts.
1. All Mechanical Breakdown Insurance
				contracts having terms of greater than six months shall be cancelable and
				refundable upon request of the insured.
2. The refund method to be used shall be the
				sum of the digits (Rule of 78s) or a refund method that will be more favorable
				to the insured.
3. The return
				factor is determined by the number of unused months or the number of unused
				miles, and shall be based on the full premium (including commissions) paid by
				the insured.
a. The number of months shall
				mean the number of months from the effective date of the policy until the
				expiration date of the policy.
b.
				The number of miles shall mean the sum of the number of miles on the odometer
				at the time of purchase and the policy mileage limit.
4. A cancellation fee, not to exceed $50, may
				be charged, provided such fee is disclosed to the purchaser at the time of
				policy purchase.
5. The method of
				refund and any cancellation fee, shall be fully disclosed to the insured at or
				before the time of policy purchase by having such information printed in the
				policy form and the policy application, which shall be agreed to in writing, by
				the insured.
6. In calculating any
				refund requested by the insured, no deduction shall be allowed for any claim
				that has been paid under the contract being canceled.
7. If cancellation is requested in writing by
				the insured within 30 days from the date of purchase, full refund, minus the
				cancellation fee, if any, shall be made.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 47 - Regulation 64-Vehicle Mechanical Breakdown Insurers Cancellation Provisions › Section XIII-4709 - Failure to Comply

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition
				to any other penalties provided by the Louisiana Insurance Code relating to the
				regulation of Vehicle Mechanical Breakdown (VMB) insurers, any VMB insurer
				found to have violated the requirements of this regulation, may be issued a
				cease and desist order pursuant to
				R.S.
				22:1810.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:1811,
				  R.S.
				  22:3 and
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 47 - Regulation 64-Vehicle Mechanical Breakdown Insurers Cancellation Provisions › Section XIII-4711 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any provision
				of item of this regulation, or the application thereof, is held invalid, such
				invalidity shall not affect other provisions, items, or applications of the
				regulation which can be given effect without the invalid provisions, item, or
				application.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:1811,
				  R.S.
				  22:3 and
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 47 - Regulation 64-Vehicle Mechanical Breakdown Insurers Cancellation Provisions › Section XIII-4713 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				regulation shall take effect on June 20, 1998.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:1811,
				  R.S.
				  22:3 and
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 49 - Regulation 65-Bail Bond Licensing Requirements/Bounty Hunter › Section XIII-4901 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				this regulation is to establish licensing guidelines and other requirements for
				persons engaging in the apprehension or surrender of a bail bond
				principal.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:13,
				  22:822,
				  22:1211,
				  22:1441,
				  22:1443,
				  22:1543,
				  22:1547, and
				  22:1556.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 49 - Regulation 65-Bail Bond Licensing Requirements/Bounty Hunter › Section XIII-4903 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				terms when used in this Chapter shall have the following meanings.
Bail Bond Producer
-a person who holds an
				  insurance producer license for the line of bail bonds and engages in the
				  apprehension or surrender of persons who are released on bail or who failed to
				  appear at any stage of the proceedings to answer the charge before the court in
				  which they may be prosecuted.
Bail Enforcement
-the apprehension or
				  surrender of a principal who is released on bail or who has failed to appear at
				  any stage of the proceedings to answer the charge before the court in which
				  they may be prosecuted. For the purposes of this regulation, bail enforcement
				  shall include those activities commonly known as bail recovery, fugitive
				  recovery or bounty hunting.
Bail Solicitor
- an individual who holds an
				  insurance license and is authorized by a duly licensed bail bond agent to
				  solicit contracts of bail bond insurance and engages in bail enforcement,
				  solely on behalf of the licensed bail bond agent.
Commissioner
-the Louisiana Commissioner of
				  Insurance.
Department
-the Louisiana Department of
				  Insurance.
Insurer
-any domestic, foreign or alien
				  insurance corporation or association engaged in the business of insurance or
				  suretyship which has qualified to transact surety business in this
				  state.
Surrender
-as defined by the L.A.-CCRP
				  Article 311.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:13,
				  22:822,
				  22:1211,
				  22:1441,
				  22:1443,
				  22:1543,
				  22:1547, and
				  22:1556.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 49 - Regulation 65-Bail Bond Licensing Requirements/Bounty Hunter › Section XIII-4905 - Bail Enforcement License Requirements for Louisiana

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to
				engage in, transact, or assist in bail enforcement, a person must be a duly
				licensed bail bond producer pursuant to Chapter 5 of Part I of the Louisiana
				Insurance Code.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:13,
				  22:822,
				  22:1211,
				  22:1441,
				  22:1443,
				  22:1543,
				  22:1547, and
				  22:1556.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 49 - Regulation 65-Bail Bond Licensing Requirements/Bounty Hunter › Section XIII-4907 - Non-Resident Bail Enforcement Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Bail enforcement persons from other states
				must be licensed bail bond producers in the state where the bond was written or
				otherwise be duly authorized to transact bail enforcement in that state and
				shall act in association with a local bail bond producer duly licensed by the
				Louisiana Department of Insurance.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:13,
				  22:822,
				  22:1211,
				  22:1441,
				  22:1443,
				  22:1543,
				  22:1547, and
				  22:1556.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 49 - Regulation 65-Bail Bond Licensing Requirements/Bounty Hunter › Section XIII-4909 - Non-Resident Bail Enforcement Procedure and Notification Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order for a
				bail enforcement person from another state to transact a surrender or
				apprehension of a principal in Louisiana, the following shall be done.
1. Before conducting a surrender or an
				apprehension of a principal, a bail enforcement person from another state shall
				notify local law enforcement.
2. A
				bail enforcement person from another state must have in their possession
				certified copies of material needed to identify the principal. Said materials
				shall be:
a. a judgement of bond forfeiture
				or court order of failure to appear and/or certified copy of the bond and/or
				the agent's duly executed copy of the contract;
b. a photograph of the principal;
				and
c. documentation reflecting
				that person is duly authorized to transact bail enforcement by the state where
				the bond was written.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 49 - Regulation 65-Bail Bond Licensing Requirements/Bounty Hunter › Section XIII-4911 - In State Bail Enforcement Procedure and Notification Requirement

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to
				engage in bail enforcement, the following shall be done.
1. Before conducting a bail enforcement, the
				bail bond producer shall notify local law enforcement in the parish or city
				where the principal is sought unless exigent circumstances exist.
2. The bail bond producer shall be required
				to wear identifying clothing while conducting bail enforcement in a private
				residence.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 49 - Regulation 65-Bail Bond Licensing Requirements/Bounty Hunter › Section XIII-4913 - Prohibited Acts

Current through Register Vol. 50, No. 6, June 20, 2024
A. No licensed
				bail bond producer shall improperly withhold, misappropriate, fail to timely
				remit premiums and reports of bonds written, or convert to one's own use any
				monies belonging to principals, sureties and underwriters, or others possessed
				in the course of the business of insurance.
B. No licensed bail bond producer shall
				perform bail enforcement in pursuit of any principal released on bail for
				nonpayment of premium. The surrender of a principal in violation of this
				subsection shall entitle the principal to the return of any premium
				paid.
C. No licensed bail bond
				producer shall remove or have removed any bail bond power of attorney from the
				clerk of court or sheriff.
D. No
				licensed bail bond producer shall transact or engage in bail enforcement with
				the assistance of an unlicensed person.
E. Commercial sureties will need to comply
				with the requirements of
				R.S.
				22:1441.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:13,
				  22:822,
				  22:1211,
				  22:1441,
				  22:1443,
				  22:1543,
				  22:1547, and
				  22:1556.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 49 - Regulation 65-Bail Bond Licensing Requirements/Bounty Hunter › Section XIII-4915 - Enforcement of Regulation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				commissioner is vested with the authority to enforce this regulation. The
				department may conduct investigations or request other state, parish or local
				officials to conduct investigations.
B.
1.
				Violations of this Section are governed by Part I of Chapter 5 (Producers) and
				Part IV of Chapter 7 (Unfair Trade Practices) of the Louisiana Insurance
				Code.
2. The commissioner shall
				impose penalties, sanctions or fines as delineated in Part I of Chapter 5 and
				Part IV of Chapter 7 of the Louisiana Insurance Code.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 49 - Regulation 65-Bail Bond Licensing Requirements/Bounty Hunter › Section XIII-4917 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				regulation shall become effective on final publication in the
Louisiana
				Register
.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:13,
				  22:822,
				  22:1211,
				  22:1441,
				  22:1443,
				  22:1543,
				  22:1547, and
				  22:1556.