reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 163 - Regulation Number 113- Registration of Catastrophe Claims Adjusters › Section XIII-16313 - Registration Expiration and Extension

Current through Register Vol. 50, No. 6, June 20, 2024
A. A catastrophe adjuster registration is
				effective upon submission provided fees are received within ten days. A
				registration shall be valid for a period not to exceed 180 days.
B. The commissioner may extend the
				registrations effective period for an additional ninety days upon the receipt
				of the insurers written request for such an extension. The request must be
				submitted no later than 15 days prior to the expiration of the registration.
				The commissioner shall provide his written approval or denial of an extension
				request.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:821,
				  22:1667
				  and
				  22:1678
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 163 - Regulation Number 113- Registration of Catastrophe Claims Adjusters › Section XIII-16315 - Violations and Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				commissioner may, without notice and hearing, revoke the privileges of an
				individual registered as a catastrophe adjuster for the grounds specified in
				R.S.
				22:1672.
B. Any notice of revocation shall be sent to
				the employing or retaining insurer. The notice shall be sent to the insurer in
				accordance with
				R.S. 49:961.
				The revocation shall be effective as of the date of the notice of
				revocation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1667,
				  22:1672
				  and
				  22:1678
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 163 - Regulation Number 113- Registration of Catastrophe Claims Adjusters › Section XIII-16317 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation
				113 shall become effective upon final publication in the
Louisiana
				Register
and shall apply to any act or practice committed on or after
				the effective date.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1667
				  and
				  22:1678
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 163 - Regulation Number 113- Registration of Catastrophe Claims Adjusters › Section XIII-16319 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any section
				or provision of Regulation 113 or the application to any individual or
				circumstance is held invalid, such invalidity or determination shall not affect
				other sections or provisions or the application of Regulation 113 to any
				individuals or circumstances that can be given effect without the invalid
				section or provision or application, and for these purposes the sections and
				provisions of Regulation 113 and the application to any individuals or
				circumstances are severable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1667
				  and
				  22:1678
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 165 - Regulation Number 114-Claims Adjuster Pre-Licensing Education Program (Repealed) › Section XIII-16501 - Purpose (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1668,
				  22:1678, the Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq., and Acts 2022, No. 273,
				  §1
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 165 - Regulation Number 114-Claims Adjuster Pre-Licensing Education Program (Repealed) › Section XIII-16503 - Applicability and Scope (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1668,
				  22:1678, the Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq., and Acts 2022, No. 273,
				  §1
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 165 - Regulation Number 114-Claims Adjuster Pre-Licensing Education Program (Repealed) › Section XIII-16505 - Authority (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1668,
				  22:1678, the Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq., and Acts 2022, No. 273,
				  §1
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 165 - Regulation Number 114-Claims Adjuster Pre-Licensing Education Program (Repealed) › Section XIII-16507 - Definitions (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1668,
				  22:1678, the Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq., and Acts 2022, No. 273,
				  §1
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 165 - Regulation Number 114-Claims Adjuster Pre-Licensing Education Program (Repealed) › Section XIII-16509 - Claims Adjuster Pre-Licensing Education Program Optional (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1668,
				  22:1678, the Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq., and Acts 2022, No. 273,
				  §1
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 165 - Regulation Number 114-Claims Adjuster Pre-Licensing Education Program (Repealed) › Section XIII-16511 - Posting of Information for Claims Adjuster Pre-Licensing Education (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1668,
				  22:1678, the Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq., and Acts 2022, No. 273,
				  §1
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 165 - Regulation Number 114-Claims Adjuster Pre-Licensing Education Program (Repealed) › Section XIII-16513 - Program Approval Requirements (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1668,
				  22:1678, the Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq., and Acts 2022, No. 273,
				  §1
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 165 - Regulation Number 114-Claims Adjuster Pre-Licensing Education Program (Repealed) › Section XIII-16515 - Program Expiration (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1668,
				  22:1678, the Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq., and Acts 2022, No. 273,
				  §1
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 165 - Regulation Number 114-Claims Adjuster Pre-Licensing Education Program (Repealed) › Section XIII-16517 - Provider Approval Requirements (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1668,
				  22:1678, the Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq., and Acts 2022, No. 273,
				  §1
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 165 - Regulation Number 114-Claims Adjuster Pre-Licensing Education Program (Repealed) › Section XIII-16519 - Provider Approval Expiration (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1668,
				  22:1678, the Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq., and Acts 2022, No. 273,
				  §1
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 165 - Regulation Number 114-Claims Adjuster Pre-Licensing Education Program (Repealed) › Section XIII-16521 - Instructor Qualifications (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1668,
				  22:1678, the Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq., and Acts 2022, No. 273,
				  §1
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 165 - Regulation Number 114-Claims Adjuster Pre-Licensing Education Program (Repealed) › Section XIII-16523 - Training Facilities Requirements (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1668,
				  22:1678, the Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq., and Acts 2022, No. 273,
				  §1
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 165 - Regulation Number 114-Claims Adjuster Pre-Licensing Education Program (Repealed) › Section XIII-16525 - Program Oversight (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1668,
				  22:1678, the Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq., and Acts 2022, No. 273,
				  §1
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 165 - Regulation Number 114-Claims Adjuster Pre-Licensing Education Program (Repealed) › Section XIII-16527 - Program Completion (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1668,
				  22:1678, the Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq., and Acts 2022, No. 273,
				  §1
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 165 - Regulation Number 114-Claims Adjuster Pre-Licensing Education Program (Repealed) › Section XIII-16529 - Fees (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1668,
				  22:1678, the Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq., and Acts 2022, No. 273,
				  §1
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 165 - Regulation Number 114-Claims Adjuster Pre-Licensing Education Program (Repealed) › Section XIII-16531 - Complaints (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1668,
				  22:1678, the Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq., and Acts 2022, No. 273,
				  §1
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 165 - Regulation Number 114-Claims Adjuster Pre-Licensing Education Program (Repealed) › Section XIII-16533 - Violations (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1668,
				  22:1678, the Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq., and Acts 2022, No. 273,
				  §1
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 165 - Regulation Number 114-Claims Adjuster Pre-Licensing Education Program (Repealed) › Section XIII-16535 - Effective Date (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1668,
				  22:1678, the Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq., and Acts 2022, No. 273,
				  §1
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 165 - Regulation Number 114-Claims Adjuster Pre-Licensing Education Program (Repealed) › Section XIII-16537 - Severability (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1668,
				  22:1678, the Administrative
				  Procedure Act,
				  R.S.
				  49:950 et seq., and Acts 2022, No. 273,
				  §1
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 167 - Regulation Number 115-Title Insurance Record Retention › Section XIII-16701 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation 115
				implements the provisions of
				R.S.
				22:533 which provides that the department may
				prescribe the specific record entries and documents to be kept by licensed
				title insurers and licensed title insurance producers and the retention period
				of said records.
B. The purpose of
				this regulation is to set forth the length of time that licensed title insurers
				and licensed title insurance producers shall maintain sufficient records of
				their affairs, including evidence of the examination of title and determination
				of insurability and records of its escrow operations and escrow
				accounts.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:533,
				  22:535,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 167 - Regulation Number 115-Title Insurance Record Retention › Section XIII-16703 - Applicability and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Regulation 115 shall apply to all licensed title insurers and licensed title
				insurance producers in the State of Louisiana.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:533,
				  22:535,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 167 - Regulation Number 115-Title Insurance Record Retention › Section XIII-16705 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation 115
				is promulgated by the commissioner pursuant to the authority granted under the
				Louisiana Insurance Code, Title 22 of the Louisiana Revised Statutes, including
				R.S.
				22:11,
				R.S.
				22:68,
				R.S.
				22:526,
				R.S.
				22:533, and
				R.S.
				22:535.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:68,
				  22:526,
				  22:533,
				  22:535,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 167 - Regulation Number 115-Title Insurance Record Retention › Section XIII-16707 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes
				of Regulation 115 the following terms are defined as follows:
Commissioner
-the commissioner of Insurance
				  for the state of Louisiana.
Title Insurance Producer-
a person
				  authorized on behalf of the title insurer to issue title insurance reports or
				  policies.
Title Insurer
-a company authorized under
				  the laws of this state to transact the business of title insurance.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:512,
				  22:533,
				  22:535,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 167 - Regulation Number 115-Title Insurance Record Retention › Section XIII-16709 - Record Retention

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				title insurer and title insurance producer shall retain sufficient records of
				its affairs, including evidence of the examination of title and determination
				of insurability and records of its escrow operations and escrow accounts, for a
				period of ten years. The ten-year period shall commence on the date of the act
				of sale or transfer of the underlying property or the date that the initial
				file on the subject property was opened, whichever is later.
B. Title insurers and title insurance
				producers may cause any or all books, records, documents, accounts, and
				vouchers to be photographed, reproduced on film, or maintained electronically
				in electronic data processing equipment in such a manner that their financial
				condition, affairs, and operations can be ascertained and compliance with the
				law can be determined by the department. Any photographs, microphotographs,
				optical imaging, electronic, or film reproductions of any original books,
				records, documents, accounts, and vouchers shall for all purposes be considered
				the same as the originals thereof and a transcript, exemplification, or
				certified copy of any such photograph, microphotograph, optical imaging,
				electronic, or film reproduction shall for all purposes be deemed to be a
				transcript, exemplification, or certified copy of the original.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:68,
				  22:526,
				  22:533,
				  22:535,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 167 - Regulation Number 115-Title Insurance Record Retention › Section XIII-16711 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation
				115 shall become effective upon final publication in the
Louisiana
				Register
and shall apply to any act or practice committed on or after
				the effective date.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:533,
				  22:535,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 167 - Regulation Number 115-Title Insurance Record Retention › Section XIII-16713 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any section
				or provision of Regulation 115 or the application to any person or circumstance
				is held invalid, such invalidity or determination shall not affect other
				Sections or provisions or the application of Regulation 115 to any persons or
				circumstances that can be given effect without the invalid section or provision
				or application, and for these purposes the sections and provisions of
				Regulation 115 and the application to any persons or circumstances are
				severable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:533,
				  22:535,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 167 - Regulation Number 115-Title Insurance Record Retention › Section XIII-16715 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. Emergency
				Rule 35 shall become effective immediately upon signature of the
				Commissioner.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11.1, and the Administrative Procedure
				  Act,
				  R.S.
				  49:953(B).
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 169 - Regulation 116-Stop-Loss or Excess Policies of Insurance › Section XIII-16901 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				this regulation is to implement the provisions of Acts 2001, No. 273 of the
				Louisiana Legislature, Regular Session, as well as to implement the amendments
				thereto as set forth in Acts 2003, No. 140 of the Louisiana Legislature,
				Regular Session, Acts 2007, No. 80 of the Louisiana Legislature, Regular
				Session, and Acts 2010, No. 375 of the Louisiana Legislature, Regular
				Session.
AUTHORITY NOTE:
				  Promulgated by the Department of Insurance, Office of the Commissioner, in
				  accordance with
				  R.S.
				  22:2 and
				  22:883.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 169 - Regulation 116-Stop-Loss or Excess Policies of Insurance › Section XIII-16903 - Applicability and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				regulation shall apply to employers that sponsor group health plans.
AUTHORITY NOTE:
				  Promulgated by the Department of Insurance, Office of the Commissioner, in
				  accordance with
				  R.S.
				  22:2 and
				  22:883.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 169 - Regulation 116-Stop-Loss or Excess Policies of Insurance › Section XIII-16907 - Eligible Claims

Current through Register Vol. 50, No. 6, June 20, 2024
A. Stop-loss or
				excess policies are required to contain a provision that eligible claims
				incurred under the group health plan during the initial contract period shall
				be covered, provided that proof of payment of the eligible claims by the group
				health plan is furnished to the stop-loss or excess insurer within ninety days
				after the expiration of the stop-loss or excess policy or any later period that
				is provided in the contract or stop-loss or excess policy.
AUTHORITY NOTE:
				  Promulgated by the Department of Insurance, Office of the Commissioner, in
				  accordance with
				  R.S.
				  22:2 and
				  22:883.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 169 - Regulation 116-Stop-Loss or Excess Policies of Insurance › Section XIII-16909 - Available Claims Incurred and Paid Contract Bases

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following claims incurred and paid
				contract bases are available to suit the needs of diverse employers sponsoring
				group health plans:
1. paid as defined in
				Section 16903;
2. run-in as defined
				in Section 16903;
3. run-out as
				defined in Section 16903;
4.
				terminal liability as defined in Section 16903
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 169 - Regulation 116-Stop-Loss or Excess Policies of Insurance › Section XIII-16913 - Reinsurance/Health Insurance

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Stop-loss or excess insurance shall not be equivalent to reinsurance, nor shall
				it be referred to as a contract or policy of health insurance under
				R.S.
				22:452(l)(a).
AUTHORITY NOTE:
				  Promulgated by the Department of Insurance, Office of the Commissioner, in
				  accordance with
				  R.S.
				  22:2 and
				  22:883.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 169 - Regulation 116-Stop-Loss or Excess Policies of Insurance › Section XIII-16915 - Due Diligence

Current through Register Vol. 50, No. 6, June 20, 2024
A. Stop
				loss or excess insurers shall exercise due diligence in ascertaining the
				legitimacy or authority of the underlying group health plan before issuing
				coverage. This shall include but not be limited to ensuring that the underlying
				plan is not a self-insured multiple employer welfare arrangement pursuant to
				29
				U.S.C. §
										1002(40), unless
				the underlying plan is authorized to do business in this state as a
				self-insurer and meets the requirements of
				R.S.
				22:452.
AUTHORITY NOTE:
				  Promulgated by the Department of Insurance, Office of the Commissioner, in
				  accordance with
				  R.S.
				  22:2 and
				  22:883.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 169 - Regulation 116-Stop-Loss or Excess Policies of Insurance › Section XIII-16917 - Additional Requirements for Stop-Loss or Excess Insurance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Stop loss or
				excess insurance issued to a self-insurance plan must meet the following
				requirements.
1. The plan must include a
				provision stating that aggregate stop-loss or excess coverage and specific
				stop-loss or excess coverage may only be provided by an insurer licensed to do
				business in the state of Louisiana.
2. The stop-loss or excess policies must
				contain provisions to cover incurred, unpaid claims liability in the event of
				plan termination.
3. The stop-loss
				or excess insurer shall bear the risk of coverage for any employer
				participating in the self-insurance plan that becomes insolvent with
				outstanding contributions due.
4.
				The stop-loss or excess insurer shall provide coverage with rates not subject
				to adjustment by the stop-loss or excess insurer during the first 12 months of
				coverage, unless:
a. there is a change in the
				benefits provided under the group health plan; and/or
b. enrollment under the group health plan
				changes by at least 10 percent.
5. A stop loss or excess insurer must submit
				its proposed stop-loss or excess policy to the Commissioner of the Department
				of Insurance for review at least 30 days prior to the proposed self-insurance
				plan's effective date and at least 30 days prior to any subsequent renewal
				date.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 169 - Regulation 116-Stop-Loss or Excess Policies of Insurance › Section XIII-16919 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any provision
				of this regulation, or the applicability 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 provision, item, or
				application.
AUTHORITY NOTE:
				  Promulgated by the Department of Insurance, Office of the Commissioner, in
				  accordance with
				  R.S.
				  22:2 and
				  22:883.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 169 - Regulation 116-Stop-Loss or Excess Policies of Insurance › Section XIII-16921 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation
				116 shall become effective upon final promulgation in the
Louisiana
				Register.
AUTHORITY NOTE:
				  Promulgated by the Department of Insurance, Office of the Commissioner, in
				  accordance with
				  R.S.
				  22:2 and
				  22:883.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 175 - Regulation Number 117-Submission of Contact Information for Risk Bearing Entities › Section XIII-17501 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				this regulation is to establish a procedure for the submission of required
				contact information for risk-bearing entities, to set a specific date and
				method for submission of the annual filing of the contact information, to
				establish the procedure and time limitation to notify the commissioner of a
				change in the contact information that was provided with the annual filing, and
				to provide for penalties for the failure to timely make the annual filing or to
				submit a notice of change in the contact information to the
				commissioner.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:2 E, 22:11, 22:18, 22:41.2, 22:337(A)(5),
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 175 - Regulation Number 117-Submission of Contact Information for Risk Bearing Entities › Section XIII-17503 - 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:
Commissioner
-the Louisiana Commissioner of
				  Insurance.
Department
-the Louisiana Department of
				  Insurance.
Risk-Bearing Entity
-any entity included in
				  R.S.
				  22:48.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:2 E, 22:11, 22:18, 22:41.2, 22:337(A)(5),
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 175 - Regulation Number 117-Submission of Contact Information for Risk Bearing Entities › Section XIII-17505 - Required Contacts

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				following shall be required contacts for each risk-bearing entity:
1. an individual responsible for the receipt
				of and response to consumer complaints filed with the department;
2. an individual responsible for the receipt
				of rules, regulations or other directives from the commissioner;
3. an individual responsible for the receipt
				of and response to inquiries from the department regarding the financial
				condition of the entity;
4. an
				individual responsible for the receipt of and response to inquiries from the
				department regarding tax payments;
5. an individual responsible for the receipt
				of and response to inquiries from the department regarding data security and
				data breaches;
6. an individual
				responsible for the receipt of and response to inquiries from the department in
				the event of a catastrophe or disaster;
7. an individual responsible for the receipt
				of and response to inquiries from the department regarding market conduct
				issues.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 175 - Regulation Number 117-Submission of Contact Information for Risk Bearing Entities › Section XIII-17507 - Annual Notification of Contact Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. No later than March 1st annually, every
				risk-bearing entity conducting business in Louisiana shall provide notice to
				the commissioner that sets forth the name, mailing address, phone number, and
				electronic mail address for each required contact as set forth above in
				§17505
B. This notice shall be made
				electronically using the department's industry access system or any subsequent
				program provided by the commissioner.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:2 E, 22:11, 22:18, 22:41.2, 22:337(A)(5),
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 175 - Regulation Number 117-Submission of Contact Information for Risk Bearing Entities › Section XIII-17509 - Notice of Change of Contact Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every risk-bearing entity shall notify the
				commissioner within 30 days of any change in the contact information that was
				provided with the annual filing.
B.
				The notification of change may be made by using the department's Industry
				Access System or through an electronic filing of a uniform notification created
				by the National Association of Insurance Commissioners.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:2 E, 22:11, 22:18, 22:41.2, 22:337(A)(5),
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 175 - Regulation Number 117-Submission of Contact Information for Risk Bearing Entities › Section XIII-17511 - Violations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Failure to
				provide notice to the commissioner of the required contact information on or
				before March 1st or to provide a notification of
				change to the commissioner within 30 days of any change in the contact
				information may be determined by the commissioner to be a violation of
				R.S.
				22:41.2 and may result in or subject a
				risk-bearing entity to penalties pursuant to
				R.S.
				22:18 or
				22:337(A)(5).
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:2 E, 22:11, 22:18, 22:41.2, 22:337(A)(5),
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 177 - Regulation Number 119-Issuance of Consent or a Waiver Pursuant to R.S. 22:1554 › Section XIII-17701 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				this regulation is to establish a procedure by which an insurance producer may
				request consent or a waiver to employ or to otherwise associate with his
				business an individual engaged in the business of insurance who has been
				convicted of a felony in accordance with
				R.S.
				22:1554(A)(18), prescribe
				the duration and transferability of consent or a waiver issued to an insurance
				producer; provide for the applicability of
				18
				U.S.C. §
										1033(e)(B)(2); and
				provide for the penalties imposed for failure to comply with this regulation in
				accordance with
				R.S.
				22:1554 A.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1554,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 177 - Regulation Number 119-Issuance of Consent or a Waiver Pursuant to R.S. 22:1554 › Section XIII-17703 - Applicability and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Regulation 119 shall apply to all insurance producers licensed in
				Louisiana.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1554,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 177 - Regulation Number 119-Issuance of Consent or a Waiver Pursuant to R.S. 22:1554 › Section XIII-17705 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Strictly for the
				purposes of Regulation 119, the following terms are defined as follows:
Business of Insurance
-the writing of
				  insurance or the reinsuring of risks by an insurance producer, including all
				  acts necessary or incidental to such writing or reinsuring, and the activities
				  of persons who act as, or are, officers, directors, agents, or employees of
				  producers, or who are other persons authorized to act on behalf of such
				  persons.
Commissioner
-the Louisiana Commissioner of
				  Insurance.
Convicted
-having been found guilty of a
				  felony by a judge or jury, having entered a felony plea of guilty or nolo
				  contendere or no contest, or having been given felony probation, a suspended
				  sentence, or a fine, regardless of whether the record is expunged.
Employee
-an individual who has established
				  an employment relationship as a W-2 employee or as a 1099 independent
				  contractor.
Insurance License
-a document issued by the
				  commissioner authorizing a person to act as an insurance producer issued
				  pursuant to Title 22.
Insurance Producer
-a person required to be
				  licensed under the laws of this state to sell, solicit, or negotiate insurance,
				  and includes all persons or business entities otherwise referred to as
				  "insurance agent" or "agent," or "insurance broker" or "broker," or "insurance
				  solicitor" or "solicitor," or "surplus lines broker" pursuant to
				  R.S.
				  22:1542(6).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1554,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 177 - Regulation Number 119-Issuance of Consent or a Waiver Pursuant to R.S. 22:1554 › Section XIII-17707 - Procedure to Request Consent or a Waiver Pursuant to R.S. 22:1554

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				may place on probation, suspend, revoke, or refuse to issue, renew, or
				reinstate an insurance producer license, or may levy a fine not to exceed five
				hundred dollars if an insurance producer, without the consent of or a waiver
				from the commissioner, has employed or has allowed to associate with his
				business, in any manner, any person engaged in the business of insurance who
				has been convicted of a felony under the laws of this state or any other state
				or territory, the District of Columbia, the United States, or any foreign
				country.
B. In order to ensure
				compliance with
				R.S.
				22:1554(A)(18), insurance
				producers should screen potential employees by performing a background
				check.
C. An insurance producer
				requesting consent or a waiver pursuant to
				R.S.
				22:1554(A)(18) shall do so
				in writing in a form approved by the commissioner. Such request shall include:
1. the employee-us name, job title and date
				of birth;
2. the employee-us date
				of employment;
3. a detailed
				description of the employee-us job duties;
4. a statement from the employee explaining
				the facts and circumstances of the conviction;
5. a bill of information or other charging
				documents, court minutes, sentencing documents, and proof of successful
				completion of sentence for the felony conviction(s);
6. any other information deemed necessary by
				the commissioner.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 177 - Regulation Number 119-Issuance of Consent or a Waiver Pursuant to R.S. 22:1554 › Section XIII-17709 - Duration and Transferability

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Consent or a waiver issued pursuant to
				R.S.
				22:1554(A)(18) shall be
				issued solely to the employing insurance producer and shall remain in effect
				during the employment of the individual with the insurance producer. However,
				such consent or waiver may be rescinded if the employee is found to have
				subsequently committed an act pursuant to
				R.S.
				22:1554(A)(7), or it is
				found that the request for consent or a waiver contained materially false
				information or omitted material information.
B. Consent or a waiver shall not be
				transferred to another employer.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1554,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 177 - Regulation Number 119-Issuance of Consent or a Waiver Pursuant to R.S. 22:1554 › Section XIII-17711 - Applicability of 18 U.S.C. Section 1033

Current through Register Vol. 50, No. 6, June 20, 2024
A. An individual who has been convicted of a
				felony involving dishonesty or breach of trust shall be required to request
				written consent from the commissioner to engage in the business of insurance or
				participate in such business pursuant to
				18
				U.S.C. §
										1033(e)(B)(2).
B. The employing insurance producer of an
				individual who obtained written consent pursuant to
				18
				U.S.C. §
										1033(e)(B)(2) is
				required to obtain a waiver pursuant to
				R.S.
				22:1554(A)(18). However, an
				employer is not required to submit the documents enumerated in §17707.B.5 of
				Regulation 119 if the employee has an active license in this state.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1554,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 177 - Regulation Number 119-Issuance of Consent or a Waiver Pursuant to R.S. 22:1554 › Section XIII-17713 - Violations and Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				commissioner may impose penalties in accordance with
				R.S.
				22:1554(A) for failure to
				comply with this regulation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1554,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 177 - Regulation Number 119-Issuance of Consent or a Waiver Pursuant to R.S. 22:1554 › Section XIII-17715 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				regulation shall become effective upon final publication in the
Louisiana Register
.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1554,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 177 - Regulation Number 119-Issuance of Consent or a Waiver Pursuant to R.S. 22:1554 › Section XIII-17717 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provisions
				of this Subpart are severable. If any provision or item of this Subpart, or
				application thereof, is held invalid, such invalidity shall not affect other
				provisions, items, or applications of this Subpart, which are to be given
				effect without the invalid provision, item, or application of the
				Subpart.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1554,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 179 - Regulation 118-Requirements in the Event of a Declared Emergency › Section XIII-17901 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				Regulation 118 is:
1. to establish
				requirements and set forth the procedure for the commissioner to implement
				rules and regulations on the business of insurance in the event of a declared
				emergency or public health emergency pursuant to the authority granted in La.
				R.S.
				22:11(C);
2. to provide for a process for supplementing
				existing rules and regulations with emergency rules and regulations particular
				to the unique needs of a declared emergency or public health
				emergency;
3. to set forth the
				model requirements to be implemented in the event of a declared emergency or
				public health emergency having such effect as necessitates intervention by the
				commissioner.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 179 - Regulation 118-Requirements in the Event of a Declared Emergency › Section XIII-17903 - Applicability and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Regulation 118 shall apply to any and all insurers, health maintenance
				organizations, producers, all other entities regulated by the Louisiana
				Department of Insurance, health care providers, and individuals and to any and
				all kinds of insurance.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 179 - Regulation 118-Requirements in the Event of a Declared Emergency › Section XIII-17905 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this
				Regulation 118, the following terms shall have the meanings specified.
Commissioner
-the Commissioner of the
				  Louisiana Department of Insurance.
Declaration of Emergency
-an executive order
				  or proclamation by the governor declaring a disaster or state of emergency
				  pursuant to
				  R.S.
				  29:724 or a public health emergency pursuant
				  to
				  R.S.
				  29:766.
Declared Emergency
-a disaster or state of
				  emergency declared by the governor pursuant to
				  R.S.
				  29:724 or a public health emergency declared
				  by the governor pursuant to
				  R.S.
				  29:766.
Department
-the Louisiana Department of
				  Insurance.
Insurer
-every person or entity engaged in
				  the business of making contracts of insurance, other than a fraternal benefit
				  society, as defined in
				  R.S.
				  22:46(10), and any other
				  person or entity doing business in Louisiana and/or regulated by the
				  commissioner.
Standing Rule
-model language to be used for
				  emergency rules to be promulgated by the department pursuant to Title 22 and
				  the Administrative Procedure Act, comprising the rules and regulations
				  specified in §17913 of this Regulation 118.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 179 - Regulation 118-Requirements in the Event of a Declared Emergency › Section XIII-17907 - Emergency Powers, Generally

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				In the event of a declared emergency, the commissioner may issue an Emergency
				Rule to govern the business of insurance. Such Emergency Rule shall include,
				but not be limited to, the following:
1.
				provide for the implementation of the standing rule, including specification of
				any sections which are not to be implemented during the declared
				emergency;
2. provide for any
				requirements to be imposed in addition to the standing rule during the declared
				emergency;
3. specify the
				geographic area to which the Emergency Rule applies;
4. specify the duration for which the
				Emergency Rule applies, including an effective date which shall not precede the
				date of declaration of emergency.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 179 - Regulation 118-Requirements in the Event of a Declared Emergency › Section XIII-17909 - Effect of Emergency Rule Implementing Standing Rule

Current through Register Vol. 50, No. 6, June 20, 2024
A. The effect of the commissioner's issuance
				of an Emergency Rule providing for the implementation of the standing rule
				shall be to incorporate by reference each element of the standing rule except
				for those sections expressly specified to not be implemented during the
				declared emergency.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 179 - Regulation 118-Requirements in the Event of a Declared Emergency › Section XIII-17911 - Application of Subsequent Sections

Current through Register Vol. 50, No. 6, June 20, 2024
A.Sections 17913 of this Chapter comprise the
				standing rule and shall have no effect except as specified in any Emergency
				Rule promulgated pursuant to §17907
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  22:11.