reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 24 - Prescribing Mississippi Life and Health Insurance Guaranty Association Summary Document and Requiring Delivery of Summary Document to Policy or Contract Owner at Time of Delivery of Policy or Contract › Rule 19-1-24.03 - Application and form of summary document

Current through June 25, 2024
No insurer may issue or deliver a life, health or annuity
				  policy or contract to a policy or contract owner and no health maintenance
				  organization (HMO) may issue or deliver a health maintenance organization
				  subscriber contract or certificate in the State of Mississippi unless a summary
				  document describing the general purposes and current limitations of the
				  Mississippi Life and Health Insurance Guaranty Association Act is delivered to
				  the policy or contract owner at the time of delivery of the policy or contract.
				  The summary document shall also be available upon request by a policy or
				  contract owner. Insurers and HMOs shall retain evidence of compliance with
Miss. Code Ann.
§
									83-23-235(2)
				  and this Regulation for so long as the policy or contract for which the notice
				  is given remains in effect.
Such summary document shall be in the form attached hereto as
				  Appendix A, which is hereby made a part of this Regulation. Insurers and HMOs
				  may print the summary document on a separate sheet of paper but shall use the
				  order, format and content of the summary document, as approved and prescribed
				  by the Commissioner of Insurance. The summary document shall be printed or
				  typed in easy-to-read type, size and style.
A form filing is not required for the summary document. The
				  summary document shall not be made a part of the policy or contract with which
				  it must be delivered.
Miss. Code Ann. §
										83-23-235
				  (Rev. 2011); Senate Bill 2227, 2020 Regular
				  Session
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 24 - Prescribing Mississippi Life and Health Insurance Guaranty Association Summary Document and Requiring Delivery of Summary Document to Policy or Contract Owner at Time of Delivery of Policy or Contract › Rule 19-1-24.04 - Severability

Current through June 25, 2024
If any provision of any section of this Regulation or the
				  application thereof is held by a court to be invalid, such invalidity shall not
				  affect any other provision of that section or application of this Regulation
				  which can be given effect without the invalid provision or application, and to
				  this end the provisions of this Regulation are declared to be severable.
Miss. Code Ann.
				  §§
										83-5-1
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 24 - Prescribing Mississippi Life and Health Insurance Guaranty Association Summary Document and Requiring Delivery of Summary Document to Policy or Contract Owner at Time of Delivery of Policy or Contract › Rule 19-1-24.05 - Effective Date

Current through June 25, 2024
This Regulation shall become effective on and after January
				  1, 2021. Insurers and HMOs must begin using the summary document attached as
				  Appendix "A" not later than sixty (60) days after the effective date. In the
				  interim, insurers may continue to use the summary document provided for in Rule
				  24.06 that became effective May 12, 2014.
Miss. Code Ann. §
										25-43-3.113(2)(b)(i)(Rev.
				  2010); Senate Bill 2227, 2020 Regular
				  Session.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 25 - (2000-4) Guidelines for an Agent in Advancing an Insurance Premium for an Insured › Rule 19-1-25.01 - Authority

Current through June 25, 2024
This Regulation is promulgated by the Commissioner of
				  Insurance pursuant to the authority granted to him by
Miss. Code
				  Ann.
§
									83-3-121
				  (Supp. 2000), as well as the provisions in the Mississippi Department of
				  Insurance Regulation No. 88-101, said regulation being the Rules of Practice
				  and Procedure before the Mississippi Insurance Department.
Miss. Code Ann. §
										83-3-121 (Rev.
				  2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 25 - (2000-4) Guidelines for an Agent in Advancing an Insurance Premium for an Insured › Rule 19-1-25.02 - Purpose

Current through June 25, 2024
The purpose of this Regulation is to ensure reasonable
				  standards for insurance agents who are in good faith advancing an insurance
				  premium for the insured under
Miss. Code Ann.
§
									83-3-121
				  (Supp. 2000).
Miss. Code Ann. §
										83-3-121 (Rev.
				  2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 25 - (2000-4) Guidelines for an Agent in Advancing an Insurance Premium for an Insured › Rule 19-1-25.03 - Permissible Interest Rates

Current through June 25, 2024
No insurance agent may issue or deliver any insurance policy
				  in which they advanced the premium for the insured unless such advancement was
				  made with an interest rate equal or lower than one and one-half percent (1.5%)
				  per month.
Miss. Code Ann. §
										83-3-121 (Rev.
				  2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 25 - (2000-4) Guidelines for an Agent in Advancing an Insurance Premium for an Insured › Rule 19-1-25.04 - Time Limits for Advancement

Current through June 25, 2024
No insurance agent may issue or deliver any insurance policy
				  in which they advanced the premium for the insured unless, within the original
				  terms of credit, such advancement is to be repaid within 90 days. However, if
				  insured is delinquent in payment, the agent may continue to charge the interest
				  rate as specified in section 3 of this regulation until the payment is
				  received.
Miss. Code Ann. §
										83-3-121 (Rev.
				  2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 25 - (2000-4) Guidelines for an Agent in Advancing an Insurance Premium for an Insured › Rule 19-1-25.05 - Agent Responsibility During an Investigation

Current through June 25, 2024
In the event of an investigation concerning this regulation,
				  the agent will be responsible for supplying documentation of compliance. This
				  documentation includes, but is not limited to, the original terms of credit and
				  any effort to collect delinquent payments. Any noncompliance will be punished
				  in accordance with
Miss. Code Ann.
§§
				  83-17-123, 83-17-221,
				  83-5-45
				  and all other statutes allowing the Commissioner of Insurance to take
				  regulatory actions for violations of Mississippi law and any regulation of the
				  Mississippi Department of Insurance.
Miss. Code Ann. §
										83-17-87
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 25 - (2000-4) Guidelines for an Agent in Advancing an Insurance Premium for an Insured › Rule 19-1-25.06 - Severability

Current through June 25, 2024
If any provision of any section of this Regulation or the
				  application thereof is held by a court to be invalid, such invalidity shall not
				  affect any other provision of that section or application of the Regulation
				  which can be given effect without the invalid provision or application, and to
				  this end the provisions of this Regulation are declared to be
				  severable.
Miss. Code Ann. §
										83-5-1
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 25 - (2000-4) Guidelines for an Agent in Advancing an Insurance Premium for an Insured › Rule 19-1-25.07 - Effective Date

Current through June 25, 2024
This Regulation shall become effective November 13,
				  2000.
Miss. Code Ann. §
				  25-43-3.133 (Rev. 2010)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 26 - (2000-5) Compliance with Health Insurance Portability and Accountability Act of 1996 › Rule 19-1-26.01 - Authority

Current through June 25, 2024
This Regulation is promulgated pursuant to the authority
				  vested in the Commissioner of Insurance under
Miss. Code
				  Ann
. §§
									83-1-43
				  and
				  83-5-1
				  (Rev. 1999), and is promulgated in accordance with Mississippi Insurance
				  Department Regulation No. 88-101, said Regulation being the Rules of Practice
				  and Procedure Before the Mississippi Insurance Department.
Miss. Code Ann. §
										83-1-43
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 26 - (2000-5) Compliance with Health Insurance Portability and Accountability Act of 1996 › Rule 19-1-26.02 - Purpose

Current through June 25, 2024
It is the purpose of this Regulation to require full
				  compliance with certain provisions contained in the Health Insurance
				  Portability and Accountability Act of 1996, as Amended (hereinafter "HIPAA"),
				  by health insurance issuers which offer group or individual health insurance
				  coverage in the State of Mississippi.
Miss. Code Ann. §
										83-1-43
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 26 - (2000-5) Compliance with Health Insurance Portability and Accountability Act of 1996 › Rule 19-1-26.03 - Definitions

Current through June 25, 2024
A. For purposes of this Regulation, the term
				"health insurance issuer" means any insurance company, hospital or medical
				service plan or any entity defined in Miss. Code Ann. §
									83-41-303(n)(Rev.
				1999), which offers group or individual health insurance coverage in the State
				of Mississippi.
B. For purposes of
				this Regulation, the terms "medical care", "health insurance coverage",
				"individual health insurance coverage", "health status-related factor",
				"network plan", "placed for adoption", "individual market", "large employer",
				"large group market", "small employer", " and "small group market" shall be
				defined as set forth at 42 U.S.C. § 300gg-91. Nothing in this Regulation
				shall apply to the excepted benefits as defined at 42 U.S.C. § 300gg -
				91(c).
C. Miss. Code Ann.
				§§
									83-63-3(g)
				and
				83-63-6
				(Rev. 1999), classify a sole proprietor as a small employer where certain
				conditions are met. Such classification of a sole proprietor as a small
				employer under Mississippi law shall not be affected by this
				Regulation.
Miss. Code Ann. §
										83-1-43
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 26 - (2000-5) Compliance with Health Insurance Portability and Accountability Act of 1996 › Rule 19-1-26.04 - Individual Market Requirements

Current through June 25, 2024
A. Guaranteed
				Renewability of Individual Health Insurance Coverage
At 42 U.S.C. § 300gg-42, and at 45 C.F.R. §
				  148.122, HIPAA requires health insurance issuers that provide individual health
				  insurance coverage in the individual market to renew and or continue in force
				  such coverage at the option of the individual, subject to certain exceptions.
				  These provisions also set forth certain requirements for the uniform
				  termination of coverage in the individual market. Every health insurance issuer
				  which offers individual health insurance coverage in the State of Mississippi
				  shall fully comply with the provisions of 42 U.S.C. § 300gg-42 and 45
				  C.F.R. § 148.122.
B.
				Certificates of Creditable Coverage
At 42 U.S.C. § 300gg-43, and at 45 C.F.R. §
				  148.124, HIPAA requires health insurance issuers that provide individual health
				  insurance coverage in the individual market to provide certificates of
				  creditable coverage under a variety of circumstances when an individual's
				  coverage terminates. Every health insurance issuer which offers individual
				  health insurance coverage in the State of Mississippi shall fully comply with
				  the provisions of 42 U.S.C. § 300gg-43 and 45 C.F.R. §
				  148.124.
Miss. Code Ann. §
										83-1-43
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 26 - (2000-5) Compliance with Health Insurance Portability and Accountability Act of 1996 › Rule 19-1-26.06 - Large Group Market Requirements

Current through June 25, 2024
A. Prohibition
				Against Discrimination Within Large Groups
At 42 U.S.C. § 300gg-1, and at 45 C.F.R. § 146.121,
				  HIPAA bars health insurance issuers that offer coverage in the large group
				  market from establishing rules for eligibility that are based on health
				  status-related factors, and from requiring individuals within large groups to
				  pay a higher premium or contribution than would a similarly situated
				  individual, based on a health status-related factor. Every health insurance
				  issuer which offers coverage in the large group market in the State of
				  Mississippi shall fully comply with the provisions of 42 U.S.C. § 300gg-1
				  and 45 C.F.R. § 146.121.
B. Preexisting Condition Exclusions
1. Miss. Code Ann. §
										83-9-49(1)(Rev.
				1999) permits health insurance issuers in the large group market to apply
				preexisting condition limitations which do not contain a definition of a
				preexisting condition more restrictive than the following:
a. A condition that would have caused an
				ordinary prudent person to seek medical advice, diagnosis, care or treatment
				during the six (6) months immediately preceding the effective date of
				coverage;
b. A condition for which
				medical advice, diagnosis, care or treatment was recommended or received during
				the six (6) months immediately preceding the effective date of coverage.
At 42 U.S.C. § 300gg(a) and 45 C.F.R. §
				  146.111(a)(1)(i), HIPAA provides that a preexisting condition exclusion in a
				  policy issued in the large group market can only relate to a condition,
				  regardless of its cause, for which medical advice, diagnosis, care or treatment
				  was recommended or received within the 6-month period ending on the enrollment
				  date. Unlike Miss. Code Ann. §
												83-9-49(1)
				  (b)(Rev. 1999), there is no provision under
				  HIPAA allowing a health insurance issuer in the large group market to apply a
				  preexisting condition limitation for a condition that would have caused an
				  ordinary prudent person to seek medical advice, diagnosis, care or treatment
				  during the six (6) months immediately preceding the effective date of
				  coverage.
Every health insurance issuer which offers coverage in the
				  large group market in the State of Mississippi shall fully comply with the
				  provisions of 42 U.S.C. § 300gg(a) and 45 C.F.R. § 146.111(a)(1)(i),
				  which limit the definition of a preexisting condition to "a condition (whether
				  physical or mental), regardless of the cause of the condition, for which
				  medical advice, diagnosis, care, or treatment was recommended or received
				  within the 6-month period ending on the enrollment date."
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 26 - (2000-5) Compliance with Health Insurance Portability and Accountability Act of 1996 › Rule 19-1-26.07 - Conflicts of Law

Current through June 25, 2024
To the extent the provisions of this Regulation conflict with
				  other provisions of State law, the provisions of this Regulation shall be
				  controlling pursuant to the authority granted under Miss. Code Ann. §
									83-1-43
				  (Rev. 1999), and the Health Insurance Portability and Accountability Act of
				  1996, as Amended.
Miss. Code Ann. §
										83-1-43
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 26 - (2000-5) Compliance with Health Insurance Portability and Accountability Act of 1996 › Rule 19-1-26.08 - Separability

Current through June 25, 2024
If any provision of this Regulation, or the application of
				  the provision to any person or circumstance, shall be held invalid, the
				  remainder of the Regulation, and the application of the provision to persons or
				  circumstances other than those to which it is held invalid, shall not be
				  affected.
Miss. Code Ann.
				  §§
										83-1-43;
				  83-5-1 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 26 - (2000-5) Compliance with Health Insurance Portability and Accountability Act of 1996 › Rule 19-1-26.09 - Effective Date

Current through June 25, 2024
This Regulation shall become effective thirty (30) days after
				  filing with the Office of the Secretary of State of the State of
				  Mississippi.
Miss. Code Ann. §
										25-43-3.113
				  (Rev. 2010)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 27 - (2000-7) (Emergency Regulation) Privacy of Personal Information › Rule 19-1-27.01 - Authority

Current through June 25, 2024
This Regulation is promulgated by the Commissioner of
				  Insurance pursuant to the authority granted to him by Miss. Code Ann. §
									83-5-1
				  (Rev. 1999), and Title V of the Gramm-Leach-Bliley Act, 15 U.S.C §§
				  6801 - 6827 (hereinafter "GLBA"), and is promulgated in accordance with the
				  laws governing emergency rule-making proceedings found at Miss. Code Ann.
				  § 25-43-7 (Rev. 1999), and Mississippi Department of Insurance Regulation
				  No. 88-101.
Miss. Code Ann. §
										83-5-1
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 27 - (2000-7) (Emergency Regulation) Privacy of Personal Information › Rule 19-1-27.02 - Purpose

Current through June 25, 2024
The purpose of this Regulation is to establish the date by
				  which Licensees regulated by the Mississippi Department of Insurance must
				  comply with the provisions of Title V of GLBA, which becomes effective November
				  13, 2000. GLBA,
interalia
, requires Licensees to establish
				  privacy policies, develop systems for implementing those policies and
				  protecting personal information of consumers and customers, and provide notices
				  to all customers prior to either the effective date or a later compliance date
				  established by rule by the regulator. This Regulation will establish a
				  compliance date of July 1, 2001, for Licensees regulated by the Mississippi
				  Department of Insurance. This date is consistent with the compliance date
				  established by federal regulators responsible for enforcing GLBA as it applies
				  to federally regulated financial institutions.
Miss. Code Ann. §
										83-5-1
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 27 - (2000-7) (Emergency Regulation) Privacy of Personal Information › Rule 19-1-27.03 - Definition of Licensee

Current through June 25, 2024
For purposes of this Regulation, Licensee shall mean all
				  licensed insurers, producers and other persons licensed or required to be
				  licensed, or authorized or required to be authorized, or registered or required
				  to be registered pursuant to the insurance laws of the State of Mississippi,
				  including Health Maintenance Organizations as that term is defined at Miss.
				  Code Ann. §
									83-41-303(n)(Rev.
				  1999). Licensee shall also include an unauthorized insurer that accepts
				  business placed through a licensed excess line broker in Mississippi, but only
				  in regard to the excess line placements placed pursuant to Miss. Code Ann.
				  §
									83-21-17 et
				  seq. (Rev. 1999).
Miss. Code Ann. §
										83-5-1
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 27 - (2000-7) (Emergency Regulation) Privacy of Personal Information › Rule 19-1-27.04 - Extension of Time for Compliance

Current through June 25, 2024
In order to provide sufficient time for Licensees to
				  establish policies and systems to comply with the requirements of Title V of
				  GLBA, which has an effective date of November 13, 2000, the Commissioner of
				  Insurance hereby extends the time for compliance until July 1, 2001. Licensees
				  will not be required to be in compliance with Title V of GLBA before July 1,
				  2001, but must be in full compliance on and after said date.
Miss. Code Ann. §
										83-5-1
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 27 - (2000-7) (Emergency Regulation) Privacy of Personal Information › Rule 19-1-27.05 - Effective Date

Current through June 25, 2024
This Emergency Regulation shall be effective immediately upon
				  filing with the Office of the Secretary of State of the State of
				  Mississippi.
Miss. Code Ann. §
										25-43-3.113
				  (Rev. 2010)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.01 - Authority

Current through June 25, 2024
This regulation is promulgated pursuant to the authority
				  granted by Senate Bill 2207 which was passed by the Mississippi Legislature in
				  the 2001 Regular Session and 19 Miss. Admin. Code, Part 1, Chapter 15, said
				  Regulation being the Rules of Practice and Procedure before the Mississippi
				  Insurance Department.
Miss. Code Ann. §
										83-1-45
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.02 - Purpose and Scope

Current through June 25, 2024
A. Purpose. This
				regulation governs the treatment of nonpublic personal health information and
				nonpublic personal financial information about individuals by all licensees of
				the state insurance department. This regulation:
1. Requires a licensee to provide notice to
				individuals about its privacy policies and practices;
2. Describes the conditions under which a
				licensee may disclose nonpublic personal health information and nonpublic
				personal financial information about individuals to affiliates and
				nonaffiliated third parties; and
3.
				Provides methods for individuals to prevent a licensee from disclosing that
				information.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.03 - Rule of Construction

Current through June 25, 2024
The examples in this regulation and the sample clauses in
				  Appendix A of this regulation are not exclusive. Compliance with an example or
				  use of a sample clause, to the extent applicable, constitutes compliance with
				  this regulation.
Miss. Code Ann. §
										83-1-45
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.04 - Definitions

Current through June 25, 2024
As used in this regulation, unless the context requires
				  otherwise:
A. "Affiliate" means a
				company that controls, is controlled by or is under common control with another
				company.
B. "Clear and conspicuous"
				means that a notice is reasonably understandable and designed to call attention
				to the nature and significance of the information in the notice; Examples.
1. Reasonably understandable. A licensee
				makes its notice reasonably understandable if it:
a. Presents the information in the notice in
				clear, concise sentences, paragraphs and sections;
b. Uses short explanatory sentences or bullet
				lists whenever possible;
c. Uses
				definite, concrete, everyday words and active voice whenever possible;
d. Avoids multiple negatives;
e. Avoids legal and highly
				technical business terminology whenever possible; and
f. Avoids explanations that are imprecise and
				readily subject to different interpretations.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.05 - Initial Privacy Notice to Consumers Required

Current through June 25, 2024
A.
				Initial notice requirement. A licensee shall provide a clear and conspicuous
				notice that accurately reflects its privacy policies and practices to:
1. Customer. An individual who becomes the
				licensee's customer, not later than when the licensee establishes a customer
				relationship, except as provided in Subsection E of this section; and
2. Consumer. A consumer, before the licensee
				discloses any nonpublic personal financial information about the consumer to
				any nonaffiliated third party, if the licensee makes a disclosure other than as
				authorized by Sections 15 and 16.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.06 - Annual Privacy Notice to Customers Required

Current through June 25, 2024
A.
				General rule.
1. A licensee shall provide a
				clear and conspicuous notice to customers that accurately reflect its privacy
				policies and practices not less than annually during the continuation of the
				customer relationship. Annually means at least once in any period of twelve
				(12) consecutive months during which that relationship exists. A licensee may
				define twelve-consecutive month period, but the licensee shall apply it to the
				customer on a consistent basis.
2.
				Example. A licensee provides a notice annually if it defines the
				twelve-consecutive-month period as a calendar year and provides the annual
				notice to the customer once in each calendar year following the calendar year
				in which the licensee provided the initial notice. For example, if a customer
				opens an account on any day of year 1, the licensee shall provide an annual
				notice to that customer by December 31 of year 2.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.07 - Information to be Included in Privacy Notices

Current through June 25, 2024
A.
				General rule. The initial, annual and revised privacy notices that a licensee
				provides under Sections 5, 6 and 9 shall include each of the following items of
				information, in addition to any other information the licensee wishes to
				provide, that applies to the licensee and to the consumers to whom the licensee
				sends its privacy notice:
1. The categories
				of nonpublic personal financial information that the licensee collects;
2. The categories of nonpublic
				personal financial information that the licensee discloses;
3. The categories of affiliates and
				nonaffiliated third parties to whom the licensee discloses nonpublic personal
				financial information, other than those parties to whom the licensee discloses
				information under Sections 15 and 16;
4. The categories of nonpublic personal
				financial information about the licensee's former customers that the licensee
				discloses and the categories of affiliates and nonaffiliated third parties to
				whom the licensee discloses nonpublic personal financial information about the
				licensee's former customers, other than those parties to whom the licensee
				discloses information under Sections 15 and 16;
5. If a licensee discloses nonpublic personal
				financial information to a nonaffiliated third party under Section 14 (and no
				other exception in Sections 15 and 16 applies to that disclosure), a separate
				description of the categories of information the licensee discloses and the
				categories of third parties with whom the licensee has contracted;
6. An explanation of the consumer's right
				under Section 11A to opt out of the disclosure of nonpublic personal financial
				information to nonaffiliated third parties, including the methods by which the
				consumer may exercise that right at that time;
7. Any disclosures that the licensee makes
				under Section 603(d)(2)(A)(iii) of the federal Fair Credit Reporting Act (
				15 U.S.C.
				1681a(d)(2)(A)(iii) (that
				is, notices regarding the ability to opt out of disclosures of information
				among affiliates);
8. The
				licensee's policies and practices with respect to protecting the
				confidentiality and security of nonpublic personal information; and
9. Any disclosure that the licensee makes
				under Subsection B of this section.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.08 - Form of Opt Out Notice to Consumers and Opt Out Methods

Current through June 25, 2024
A. Form of Opt out notice.
1. If a licensee is required to provide an
				opt-out notice under Section 11A, it shall provide a clear and conspicuous
				notice to each of its consumers that accurately explains the right to opt out
				under that section. The notice shall state:
a. That the licensee discloses or reserves
				the right to disclose nonpublic personal financial information about its
				consumer to a nonaffiliated third party;
b. That the consumer has the right to opt out
				of that disclosure; and
c. A
				reasonable means by which the consumer may exercise the opt-out right.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.09 - Revised Privacy Notices

Current through June 25, 2024
A. General rule.
				Except as otherwise authorized in this regulation, a licensee shall not,
				directly or through an affiliate, disclose any nonpublic personal financial
				information about a consumer to a nonaffiliated third party other than as
				described in the initial notice that the licensee provided to that consumer
				under Section 5, unless:
1. The licensee has
				provided to the consumer a clear and conspicuous revised notice that accurately
				describes its policies and practices;
2. The licensee has provided to the consumer
				a new opt out notice;
3. The
				licensee has given the consumer a reasonable opportunity, before the licensee
				discloses the information to the nonaffiliated third party, to opt out of the
				disclosure; and
4. The consumer
				does not opt out.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.10 - Delivery

Current through June 25, 2024
A. How to provide notices. A licensee shall
				provide any notices that this regulation requires so that each consumer can
				reasonably be expected to receive actual notice in writing or, if the consumer
				agrees, electronically.
B. Examples
				of reasonable expectation of actual notice.
1. A licensee may reasonably expect that a
				consumer will receive actual notice if the licensee:
a. Hand delivers a printed copy of the notice
				to the consumer;
b. Mails a printed
				copy of the notice to the last known address of the consumer separately, or in
				a policy, billing or other written communication;
c. For a consumer who conducts transactions
				electronically, posts the notice on the electronic site and requires the
				consumer to acknowledge receipt of the notice as a necessary step to obtaining
				a particular insurance product or service; or
d. For an isolated transaction with a
				consumer, such as the licensee providing an insurance quote or selling the
				consumer travel insurance, posts the notice and requires the consumer to
				acknowledge receipt of the notice as a necessary step to obtaining the
				particular insurance product or service.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.11 - Limitation on Disclosure of Nonpublic Personal Financial Information to Non-affiliated Third Parties

Current through June 25, 2024
A. Conditions for
				disclosure.
1. Except as otherwise authorized
				in this regulation, a licensee may not, directly or through any affiliate,
				disclose any nonpublic personal financial information about a consumer to a
				nonaffiliated third party unless:
a. The
				licensee has provided to the consumer an initial notice as required under
				Section 5;
b. The licensee has
				provided to the consumer an opt out notice as required in Section 8;
c. The licensee has given the consumer a
				reasonable opportunity, before it discloses the information to the
				nonaffiliated third party, to opt out of the disclosure; and
d. The consumer does not opt out.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.12 - Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information

Current through June 25, 2024
A. Information the
				licensee receives under an exception.
1. If a
				licensee receives nonpublic personal financial information from a nonaffiliated
				financial institution under an exception in Sections 15 or 16 of this
				regulation, the licensee's disclosure and use of that information is limited as
				follows:
a. Licensee may disclose the
				information to the affiliates of the financial institution from which the
				licensee received the information;
b. The licensee may disclose the information
				to its affiliates, but the licensee's affiliates may, in turn, disclose and use
				the information only to the extent that the licensee may disclose and use the
				information; and
c. The licensee
				may disclose and use the information pursuant to an exception in Sections 15 or
				16 of this regulation, in the ordinary course of business to carry out the
				activity covered by the exception under which the licensee received the
				information.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.13 - Limits on Sharing Account Number Information for Marketing Purposes

Current through June 25, 2024
A. General prohibition on disclosure of
				account numbers. A licensee shall not, directly or through an affiliate,
				disclose, other than to a consumer reporting agency, a policy number or similar
				form of access number or access code for a consumer's policy or transaction
				account to any nonaffiliated third party for use in telemarketing, direct mail
				marketing or other marketing through electronic mail to the consumer.
B. Exceptions. Subsection A of
				this section does not apply if a licensee discloses a policy number or similar
				form of access number or access code:
1. To
				the licensee's service provider solely in order to perform marketing for the
				licensee's own products or services, as long as the service provider is not
				authorized to directly initiate charges to the account;
2. To a licensee who is a producer solely in
				order to perform marketing for the licensee's own products or services; or
3. To a participant in an affinity
				or similar program where the participants in the program are identified to the
				customer when the customer enters into the program.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.14 - Exception to Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing

Current through June 25, 2024
A. General rule.
1. The opt out requirements in Sections 8 and
				11 do not apply when a licensee provides nonpublic personal financial
				information to a nonaffiliated third party to perform services for the licensee
				or functions on the licensee's behalf, if the licensee:
a. Provides the initial notice in accordance
				with Section 5; and
b. Enters into
				a contractual agreement with the third party that prohibits the third party
				from disclosing or using the information other than to carry out the purposes
				for which the licensee disclosed the information, including use under an
				exception in Sections 15 or 16 in the ordinary course of business to carry out
				those purposes.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.15 - Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Processing and Servicing Transactions

Current through June 25, 2024
A. Exceptions for processing transactions at
				consumer's request. The requirements for initial notice in Section 5A(2), the
				opt out in Sections 8 and 11, and service providers and joint marketing in
				Section 14 do not apply if the licensee discloses nonpublic personal financial
				information as necessary to effect, administer or enforce a transaction that a
				consumer requests or authorizes, or in connection with:
1. Servicing or processing an insurance
				product or service that a consumer requests or authorizes;
2. Maintaining or servicing the consumer's
				account with a licensee, or with another entity as part of a private label
				credit card program or other extension of credit on behalf of such entity;
3. A proposed or actual
				securitization, secondary market sale (including sales of servicing rights) or
				similar transaction related to a transaction of the consumer; or
4. Reinsurance or stop loss or excess loss
				insurance.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.17 - When Authorization Required for Disclosure of Nonpublic Personal Health Information

Current through June 25, 2024
A. A licensee shall
				not disclose nonpublic personal health information about a consumer or customer
				unless an authorization is obtained from the consumer or customer whose
				nonpublic personal health information is sought to be disclosed.
B. Nothing in this section shall prohibit,
				restrict or require an authorization for the disclosure of nonpublic personal
				health information by a licensee for the performance of the following insurance
				functions by or on behalf of the licensee: claims administration; claims
				adjustment and management; detection, investigation or reporting of actual or
				potential fraud, misrepresentation or criminal activity; underwriting; policy
				placement or issuance; loss control; ratemaking and guaranty fund functions;
				reinsurance and excess loss insurance; risk management; case management;
				disease management; quality assurance; quality improvement; performance
				evaluation; provider credentialing verification; utilization review; peer
				review activities; actuarial, scientific, medical or public policy research;
				grievance procedures; internal administration of compliance, managerial, and
				information systems; policyholder service functions; auditing; reporting;
				database security; administration of consumer disputes and inquiries; external
				accreditation standards; the replacement of a group benefit plan or workers
				compensation policy or program; activities in connection with a sale, merger,
				transfer or exchange of all or part of a business or operating unit; any
				activity that permits disclosure without authorization pursuant to the federal
				Health Insurance Portability and Accountability Act privacy rules promulgated
				by the U.S. Department of Health and Human Services; disclosure that is
				required, or is one of the lawful or appropriate methods, to enforce the
				licensee's rights or the rights of other persons engaged in carrying out a
				transaction or providing a product or service that a consumer requests or
				authorizes; and any activity otherwise permitted by law, required pursuant to
				governmental reporting authority, or to comply with legal process. Additional
				insurance functions may be added with the approval of the commissioner to the
				extent they are necessary for appropriate performance of insurance functions
				and are fair and reasonable to the interest of consumers.
Miss. Code Ann. §
										83-1-45
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.18 - Authorizations

Current through June 25, 2024
A. A valid authorization to disclose
				nonpublic personal health information pursuant to this Article V shall be in
				written or electronic form and shall contain all of the following:
1. The identity of the consumer or customer
				who is the subject of the nonpublic personal health information;
2. A general description of the types of
				nonpublic personal health information to be disclosed;
3. General descriptions of the parties to
				whom the licensee discloses nonpublic personal health information, the purpose
				of the disclosure and how the information will be used;
4. The signature of the consumer or customer
				who is the subject of the nonpublic personal health information or the
				individual who is legally empowered to grant authority and the date signed; and
5. Notice of the length of time
				for which the authorization is valid and that the consumer or customer may
				revoke the authorization at any time and the procedure for making a revocation.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.19 - Authorization Request Delivery

Current through June 25, 2024
A request for authorization and an authorization form may be
				  delivered to a consumer or a customer as part of an opt-out notice pursuant to
				  Section 10, provided that the request and the authorization form are clear and
				  conspicuous. An authorization form is not required to be delivered to the
				  consumer or customer or included in any other notices unless the licensee
				  intends to disclose protected health information pursuant to Section 17A.
Miss. Code Ann. §
										83-1-45
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.20 - Relationship to Federal Rules

Current through June 25, 2024
Irrespective of whether a licensee is subject to the federal
				  Health Insurance Portability and Accountability Act privacy rule as promulgated
				  by the U.S. Department of Health and Human Services, 45 CFR 160, 164 (the
				  "federal rule"), if a licensee complies with all requirements of the federal
				  rule except for its effective date provision, the licensee shall not be subject
				  to the provisions of this Article V.
Miss. Code Ann. §
										83-1-45
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.21 - Relationship to State Laws

Current through June 25, 2024
Nothing in this article shall preempt or supersede existing
				  state law related to medical records, health or insurance information
				  privacy.
Miss. Code Ann. §
										83-1-45
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.22 - Protection of Fair Credit Reporting Act

Current through June 25, 2024
Nothing in this regulation shall be construed to modify,
				  limit or supersede the operation of the federal Fair Credit Reporting Act (
				  15 U.S.C.
				  1681 et seq.), and no inference shall be
				  drawn on the basis of the provisions of this regulation regarding whether
				  information is transaction or experience information under Section 603 of that
				  Act.
Miss. Code Ann. §
										83-1-45
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.23 - Nondiscrimination

Current through June 25, 2024
A. A licensee shall not unfairly discriminate
				against any consumer or customer because that consumer or customer has opted
				out from the disclosure of his or her nonpublic personal financial information
				pursuant to the provisions of this regulation.
B. A license shall not unfairly discriminate
				against a consumer or customer because that consumer or customer has not
				granted authorization for the disclosure of his or her nonpublic personal
				health information pursuant to the provisions of this regulation.
Miss. Code Ann. §
										83-1-45
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.24 - Violation

Current through June 25, 2024
Any violation of the provisions of this regulation by a
				  licensee shall be subject to the provisions of
Miss. Code Ann.
§§
									83-5-29
				  to
				  83-5-51,
				  and to other applicable provisions of the insurance laws of the State of
				  Mississippi.
Miss. Code Ann. §
										83-5-29
				  to
				  83-5-51
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.25 - Severability

Current through June 25, 2024
If any section or portion of a section of this regulation or
				  its applicability to any person or circumstance is held invalid by a court, the
				  remainder of the regulation or the applicability of the provision to other
				  persons or circumstances shall not be affected.
Miss. Code Ann. §
										83-5-1
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.26 - Effective Date

Current through June 25, 2024
A. Effective date.
				This regulation is effective August 1, 2001.
B. Notice requirement for consumers:
1. Who are the licensee's customers on the
				compliance date. By August 1, 2001, a licensee shall provide an initial notice,
				as required by Section 5, to consumers who are the licensee's customers on
				August 1, 2001.
2. Example: A
				licensee provides an initial notice to consumers who are its customers on
				August 1, 2001, if, by that date, the licensee has established a system for
				providing an initial notice to all new customers and has mailed the initial
				notice to all the licensee's existing customers.