reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Section 69-53 - Credit for Reinsurance

Current through Register Vol. 48, No. 6, June 28, 2024
Section I.
		  Purpose.
The purpose of this regulation is to set forth rules and
			 procedural requirements which the director or his designee deems necessary to
			 carry out the provisions of Sections
			 38-9-190
			 through
			 38-9-220.
			 The actions and information required by this regulation are hereby declared to
			 be necessary and appropriate in the public interest and for the protection of
			 the ceding insurers in this State.
Section II. Severability.
If any provisions of this regulation, or the application of the
			 provision to any person or circumstance, is held invalid, the remainder of the
			 regulation, and the application of the provisions to persons or circumstances
			 other than those to which it is held invalid, shall not be affected.
Section III. Reinsurer licensed in
		  this state.
Pursuant to Section
			 38-9-200(B),
			 the director or his designee shall allow credit for reinsurance ceded by a
			 domestic insurer to an assuming insurer which was licensed in this State as of
			 any date on which statutory financial statement credit for reinsurance is
			 claimed.
Section IV.
		  Accredited reinsurers.
A. Pursuant to Section
		  38-9-200(C),
		  the director or his designee shall allow credit for reinsurance ceded by a
		  domestic insurer to an assuming insurer which is accredited as a reinsurer in
		  this State as of any date on which statutory financial statement credit for
		  reinsurance is claimed. An accredited reinsurer must:
1. File a properly executed Form AR-1
		  (attached as an exhibit to this regulation) as evidence of its submission to
		  this State's jurisdiction and to this State's authority to examine its books
		  and records;
2. File with the
		  director or his designee a certified copy of a certificate of authority or
		  other acceptable evidence that it is licensed to transact insurance or
		  reinsurance in at least one state, or, in the case of a United States branch of
		  an alien assuming insurer, is entered through and licensed to transact
		  insurance or reinsurance in at least one state;
3. File annually with the director or his
		  designee a copy of its annual statement filed with the insurance department of
		  its state of domicile or, in the case of an alien assuming insurer, with the
		  state through which it is entered and in which it is licensed to transact
		  insurance or reinsurance, and a copy of its most recent audited financial
		  statement: and
4.
a. Maintain a surplus as regards
		  policyholders in an amount not less than $20,000,000 and whose accreditation
		  has not been denied by the director or his designee within ninety (90) days of
		  its submission; or
b. Maintain a
		  surplus as regards policyholders of less than $20,000,000, and whose
		  accreditation has been approved by the director or his designee.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Section 69-54 - Experience Modification for Staff Leasing Services Companies in the Workers Compensation Assigned Risk Plan

Current through Register Vol. 48, No. 6, June 28, 2024
I. Purpose.
The purpose of this regulation is to implement Section
			 40-68-120(D),
			 Code of Laws of South Carolina (1976, as amended), for the rating of workers
			 compensation insurance policies issued through the Assigned Risk Plan to staff
			 leasing services companies which have or will establish contracts with client
			 companies. Consistent with Section
			 40-68-120(D),
			 the purpose of this regulation is to ensure that staff leasing services
			 companies which have workers compensation insurance coverage through the
			 Assigned Risk Plan pay the appropriate workers compensation premium for the
			 leased employees.
II.
		  Definitions.
The following definitions are consistent with those contained in
			 Section
			 40-68-10:
A. "Staff Leasing Services Company" means an
		  individual business entity that offers staff leasing services.
B. "Staff Leasing Services" means an
		  arrangement by which employees of a licensee are assigned to work at a client
		  company and in which employment responsibilities are shared by the licensee and
		  the client company. The employee's assignment is intended to be of a long-term
		  or continuing nature, rather than temporary or seasonal in nature, and a
		  majority of the work force at a client company worksite or a specialized group
		  within that work force consists of assigned employees of the
		  licensee.
C. "Assigned Employee"
		  means a person performing services for a client company as affected by a
		  contract between a licensee and client company in which employment
		  responsibilities are shared.
D.
		  "Client Company" means a person that contracts with a licensee and is assigned
		  employees by the licensee under that contract.
E. "Experience Modification Rate" means the
		  rate that would have applied to the client company had such company applied
		  directly for a policy through the Assigned Risk Plan. The experience
		  modification rate includes any surcharges provided for in the Assigned Risk
		  Adjustment Plan (ARAP) as well as all other rating factors and surcharges
		  applicable to policies written in the Assigned Risk Plan.
F. "Assigned Risk Plan" means the voluntary
		  agreement among insurers specified in Section
		  38-73-540, Code of
		  Law of South Carolina (1976, as amended).
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Section 69-56 - Hurricane, Named Storm or Wind/Hail Deductible

Current through Register Vol. 48, No. 6, June 28, 2024
Under S. C. Code Ann. Section
			 38-73-70
			 (1976), the Department of Insurance may make reasonable regulations for the
			 enforcement of Chapter 73 entitled "Property, Casualty, Inland Marine and
			 Surety Rates and Rate-making Organizations."
A. Purpose: The purpose of this regulation is
		  to clarify the process for insurers, including surplus lines insurers, to
		  inform policyholders who purchase personal and commercial property policies of
		  the presence of a hurricane, named storm or wind/hail deductible within their
		  policies. The Department recognizes that an insurer may choose to have separate
		  endorsements for each of hurricane, named storm or wind/hail deductibles or may
		  choose to combine them into one endorsement.
B. Definitions:
(1) Named Storm Deductible is a separate
		  deductible triggered by a weather-related event that has been named, designated
		  or identified by the U.S. National Weather Service or the National Hurricane
		  Center. It only includes a hurricane, tropical storm or tropical depression.
		  Any storm or weather-related event given a name by any other person or entity
		  does not qualify as a named storm, for purposes of a separate deductible. Any
		  winter storm or weather event named or identified by the news media cannot be
		  relied upon to trigger a named storm deductible.
(2) Wind/Hail Deductible is a separate
		  deductible applied to a personal or commercial property insurance policy that
		  applies to losses resulting from the perils of wind or hail, regardless of how
		  named or applied and regardless of whether the deductible is calculated as a
		  percentage of policy limits or a specified dollar amount.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Section 69-57 - Valuation of Life Insurance Policies

Current through Register Vol. 48, No. 6, June 28, 2024
Section 1.
		  Purpose.
A. The purpose of this regulation is
		  to provide:
(1) Tables of select mortality
		  factors and rules for their use;
(2) Rules concerning a minimum standard for
		  the valuation of plans with nonlevel premiums or benefits; and
(3) Rules concerning a minimum standard for
		  the valuation of plans with secondary guarantees.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article I - GENERAL PROVISIONS › Section 69-58.1 - Authority

Current through Register Vol. 48, No. 6, June 28, 2024
This regulation is promulgated pursuant to the authority
				  granted by Sections
				  38-3-110
				  of the South Carolina Insurance Code and Title V of
				  Pub. Law
				  102-106, the Gramm-Leach-Bliley
				  Act.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article I - GENERAL PROVISIONS › Section 69-58.2 - Purpose and Scope

Current through Register Vol. 48, No. 6, June 28, 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.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article I - GENERAL PROVISIONS › Section 69-58.3 - Rule of Construction

Current through Register Vol. 48, No. 6, June 28, 2024
The examples in this regulation and the sample clauses in
				  Appendix A, and the Federal Model Privacy Form in Appendix B 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.
Licensees may rely on use of the Federal Privacy Form in
				  Appendix B, consistent with the attached instructions, as a safe harbor of
				  compliance with the privacy notice content requirements of this
				  regulation.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article I - GENERAL PROVISIONS › Section 69-58.4 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
As used in this regulation, unless the context requires
				  otherwise:
A. "Affiliate" means any
				company that controls, is controlled by or is under common control with another
				company.
B.
(1) "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.
(2) Examples.
(a) Reasonably understandable. A licensee
				makes its notice reasonably understandable if it:
(i) Presents the information in the notice in
				clear, concise sentences, paragraphs, and sections:
(ii) Uses short explanatory sentences or
				bullet lists whenever possible;
(iii) Uses definite, concrete, everyday words
				and active voice whenever possible;
(iv) Avoids multiple negatives;
(v) Avoids legal and highly technical
				business terminology whenever possible; and
(vi) Avoids explanations that are imprecise
				and readily subject to different interpretations.
(b) Designed to call attention. A licensee
				designs its notice to call attention to the nature and significance of the
				information in it if the licensee:
(i) Uses a
				plain-language heading to call attention to the notice;
(ii) Uses a typeface and type size that are
				easy to read;
(iii) Provides wide
				margins and ample line spacing;
(iv) Uses boldface or italics for key words;
				and
(v) In a form that combines
				the licensee's notice with other information, uses distinctive type size,
				style, and graphic devices, such as shading or sidebars.
(c) Notices on web sites. If a licensee
				provides a notice on a web page, the licensee designs its notice to call
				attention to the nature and significance of the information in it if the
				licensee uses text or visual cues to encourage scrolling down the page if
				necessary to view the entire notice and ensure that other elements on the web
				site (such as text, graphics, hyperlinks or sound) do not distract attention
				from the notice, and the licensee either:
(i)
				Places the notice on a screen that consumers frequently access, such as a page
				on which transactions are conducted; or
(ii) Places a link on a screen that consumers
				frequently access, such as a page on which transactions are conducted, that
				connects directly to the notice and is labeled appropriately to convey the
				importance, nature and relevance of the notice.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article II - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 69-58.5 - Initial Privacy Notice to Consumers Required

Current through Register Vol. 48, No. 6, June 28, 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
				16 and 17.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article II - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 69-58.6 - Annual Privacy Notice to Customers Required

Current through Register Vol. 48, No. 6, June 28, 2024
A.
(1)
				General rule. A licensee shall provide a clear and conspicuous notice to
				customers that accurately reflects 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 the
				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.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article II - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 69-58.7 - Information to Be Included in Privacy Notices

Current through Register Vol. 48, No. 6, June 28, 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
				16 and 17;
(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
				16 and 17;
(5) If a licensee discloses nonpublic
				personal financial information to a nonaffiliated third party under Section
				15 (and no other exception in Sections
				16 and 17 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
				12A 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.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article II - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 69-58.8 - Form of Opt Out Notice to Consumers and Opt Out Methods

Current through Register Vol. 48, No. 6, June 28, 2024
A.
(1) Form
				of opt out notice. If a licensee is required to provide an opt out notice under
				Section
				12A, 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.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article II - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 69-58.9 - Revised Privacy Notices

Current through Register Vol. 48, No. 6, June 28, 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.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article II - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 69-58.10 - Privacy Notice to Group Policyholders

Current through Register Vol. 48, No. 6, June 28, 2024
Unless a licensee is providing privacy notices directly to
				  covered individuals described in Section
				  4E(2)(e)(i), (ii), or (iii), a licensee
				  shall provide initial, annual and revised notices to the plan sponsor, group or
				  blanket insurance policyholder or group annuity contract holder or workers'
				  compensation policyholder, in the manner described in Sections
				  5 through
				  9 of this regulation, describing the
				  licensee's privacy practices with respect to nonpublic personal information
				  about individuals covered under the policies, contracts or plans.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article II - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 69-58.11 - Delivery

Current through Register Vol. 48, No. 6, June 28, 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.
(1)
				Examples of reasonable expectation of actual notice. 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;
(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.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article III - LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION › Section 69-58.12 - Limitation on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties

Current through Register Vol. 48, No. 6, June 28, 2024
A.
(1) Conditions for disclosure. 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.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article III - LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION › Section 69-58.13 - Limits on Re-disclosure and Reuse of Nonpublic Personal Financial Information

Current through Register Vol. 48, No. 6, June 28, 2024
A.
(1) Information the licensee receives under
				an exception. If a licensee receives nonpublic personal financial information
				from a nonaffiliated financial institution under an exception in Sections
				16 or 17 of this regulation, the
				licensee's disclosure and use of that information is limited as follows:
(a) The 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
				16 or 17 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.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article III - LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION › Section 69-58.14 - Limits on Sharing Account Number Information for Marketing Purposes

Current through Register Vol. 48, No. 6, June 28, 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.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article IV - EXCEPTIONS TO LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION › Section 69-58.15 - Exception to Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing

Current through Register Vol. 48, No. 6, June 28, 2024
A. General rule.
(1) The opt out requirements in Sections
				8 and 12 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
				16 or 17 in the ordinary course of
				business to carry out those purposes.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article IV - EXCEPTIONS TO LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION › Section 69-58.16 - Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Processing and Servicing Transactions

Current through Register Vol. 48, No. 6, June 28, 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 12, and service providers and
				joint marketing in Section
				15 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.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article V - RULES FOR HEALTH INFORMATION › Section 69-58.18 - When Authorization Required for Disclosure of Nonpublic Personal Health Information

Current through Register Vol. 48, No. 6, June 28, 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 Director to the extent they are necessary for appropriate performance of
				insurance functions and are fair and reasonable to the interest of
				consumers.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article V - RULES FOR HEALTH INFORMATION › Section 69-58.19 - Authorizations

Current through Register Vol. 48, No. 6, June 28, 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.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article V - RULES FOR HEALTH INFORMATION › Section 69-58.20 - Authorization to Request Delivery

Current through Register Vol. 48, No. 6, June 28, 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
				  11, 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
				  and nonpublic personal health information pursuant to Section 18A.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article V - RULES FOR HEALTH INFORMATION › Section 69-58.21 - Relationship to Federal Rules

Current through Register Vol. 48, No. 6, June 28, 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 Part 160 (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.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article V - RULES FOR HEALTH INFORMATION › Section 69-58.22 - Relationship to State Laws

Current through Register Vol. 48, No. 6, June 28, 2024
Nothing in this article shall preempt or supersede existing
				  state law related to medical records, health or insurance information
				  privacy.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article VI - ADDITIONAL PROVISIONS › Section 69-58.23 - Protection of Fair Credit Reporting Act

Current through Register Vol. 48, No. 6, June 28, 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.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article VI - ADDITIONAL PROVISIONS › Section 69-58.24 - Nondiscrimination

Current through Register Vol. 48, No. 6, June 28, 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 licensee 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.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article VI - ADDITIONAL PROVISIONS › Section 69-58.25 - Violation

Current through Register Vol. 48, No. 6, June 28, 2024
Persons violating the provisions of this regulation shall
				  have committed an unfair trade practice and shall be subject to the penalties
				  set forth in Chapter 57 of Title 38 of the South Carolina Code of Laws.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article VI - ADDITIONAL PROVISIONS › Section 69-58.26 - Severability

Current through Register Vol. 48, No. 6, June 28, 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 of
				  competent jurisdiction, the remainder of the regulation or the applicability of
				  the provision to other persons or circumstances shall not be affected.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article VI - ADDITIONAL PROVISIONS › Section 69-58.27 - Effective Date

Current through Register Vol. 48, No. 6, June 28, 2024
A. Effective date.
				This regulation is effective upon publication of the final regulation in the
				State Register.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Section 69-61 - Service Contracts

Current through Register Vol. 48, No. 6, June 28, 2024
I. Purpose
		  and Scope.
A. This regulation establishes
		  rules and standards to regulate service contracts marketed in the state of
		  South Carolina. This regulation does not apply to:
1. warranties;
2. maintenance agreements;
3. commercial transactions;
4. warranties, service contracts, or
		  maintenance agreements offered by public utilities on their transmission
		  devices to the extent they are regulated by the Public Service Commission or
		  the Department of Health and Environmental Control;
5. service contracts sold or offered for sale
		  to persons other than consumers;
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Section 69-62 - CLOSEOUT AND TERMINATION OF THE SCAAIP › Section 69-62.1 - Purpose and Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
This regulation applies to automobile property and
				casualty insurance business transacted by the South Carolina Associated Auto
				Insurers Plan (SCAAIP). The purpose of this regulation is to provide for the
				termination and orderly transition of business from the SCAAIP to the AAIP of
				SC.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Section 69-62 - CLOSEOUT AND TERMINATION OF THE SCAAIP › Section 69-62.2 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Accounting and
			 Statistical Requirements Manual means the South Carolina Associated Insurers
			 Plan (SCAAIP) Accounting and Statistical Requirements Manual.
B. Member Company means every insurer
			 authorized to write and engaged in writing automobile insurance in the State of
			 South Carolina that was a participant in the South Carolina Associated Auto
			 Insurers Plan (SCAAIP).
C. South
			 Carolina Associated Auto Insurers Plan or SCAAIP means the joint underwriting
			 association, established pursuant to South Carolina Act No. 154 of 1997, which
			 was in effect from March 1, 1999 to February 28, 2003.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Section 69-62 - CLOSEOUT AND TERMINATION OF THE SCAAIP › Section 69-62.3 - Closeout and Termination of the SCAAIP

Current through Register Vol. 48, No. 6, June 28, 2024
A. Purpose
The purpose of this regulation is to provide for the
				termination and orderly transfer of the business affairs and liabilities of the
				South Carolina Associated Auto Insurers Plan (SCAAIP) to the Associated Auto
				Insurers Plan of South Carolina.
B. Powers of the Advisory Board of the AAIP
Subject to the approval of the director or her designee, the
				Advisory Board of the AAIP shall develop policies and procedures for the
				orderly termination and wind-up of the affairs of the SCAAIP. The Advisory
				Board, on behalf of its members, is authorized to:
1) settle claims on policies issued by the
			 SCAAIP.
2) establish procedures for
			 the sharing among members of profit or loss on SCAAIP business and other costs,
			 charges, expenses, liabilities, income, property and other assets of the
			 SCAAIP. The assessments of members for their appropriate shares may be based on
			 the member's premium volume or exposure units for business other than SCAAIP
			 business or on a combination of such bases or on any other equitable
			 basis.
3) reinsure SCAAIP
			 business.
4) join, advise, assist,
			 associate, cooperate and contract with its members and with such organizations,
			 associations, insurers, governmental agencies, and others as may be necessary
			 or proper to accomplish the transition of liabilities from the SCAAIP to the
			 AAIP.
5) sue and be sued.
6) take any other action not specifically
			 enumerated above or related thereto which is otherwise necessary or proper to
			 accomplish the termination of the SCAAIP and the orderly transition and windup
			 of its affairs.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Section 69-65 - Military Sales Practices

Current through Register Vol. 48, No. 6, June 28, 2024
Section 1.
		  Purpose.
A. The purpose of this regulation is
		  to set forth standards to protect active duty service members of the United
		  States Armed Forces from dishonest and predatory insurance sales practices by
		  declaring certain identified practices to be false, misleading, deceptive or
		  unfair.
B. Nothing herein shall be
		  construed to create or imply a private cause of action for a violation of this
		  regulation.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Section 69-75 - Tax Credits for Fortification Measures

Current through Register Vol. 48, No. 6, June 28, 2024
Section 1. Purpose and Qualifying
		  Fortification Measures
A. The purpose of this
		  regulation is to set forth the fortification measures that qualify for the
		  state income tax credit allowed pursuant to Section
		  12-6-3660.
B. An individual taxpayer is allowed a state
		  income tax credit for costs incurred to implement the fortification measures
		  outlined in this regulation. The fortification measures must be made to a
		  structure qualifying as the taxpayer's legal residence pursuant to Section
		  12-43-220(c).
		  The tax credit allowed pursuant to Section
		  12-6-3660
		  for any taxable year must not exceed the lesser of:
(1) twenty-five percent of the cost incurred;
		  or
(2) one thousand dollars for a
		  qualifying residence regardless of the number of taxpayers residing in the
		  residence.
C. The
		  standards which must be met by an individual taxpayer to qualify for state
		  income tax credits for costs to fortify the taxpayer's legal residence pursuant
		  to S.C. Code Section
		  12-6-3660
		  or sales and use tax credits pursuant to S.C. Code Section
		  12-6-3665
		  are the same as those required under the SC Safe Home Program that are
		  contained in the South Carolina Safe Home Resource Document for Mitigation
		  Techniques dated July 2008, developed for the SC Safe Home Program by the
		  Federal Alliance for Safe Homes and available at
www.scsafehome.com
. That document is
		  incorporated herein by reference and available on the Department's website.
		  Fortification measures must be accomplished in accordance with the standards
		  contained in the South Carolina Safe Home Resource Document for Mitigation
		  Techniques. All products must have an ICC Evaluation Services Legacy Report or
		  other appropriate test reports acceptable to the local building officials for
		  the intended use.
The South Carolina Department of Insurance must review and update
			 the manual as necessary to comply with changes in building code standards,
			 mitigation measures or other applicable provisions of state or federal
			 law.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Section 69-76 - SC Safe Home Program Wind Inspectors and Contractors

Current through Register Vol. 48, No. 6, June 28, 2024
Section I. Purpose
		  and Scope
The purpose of this regulation is to specify requirements and
			 qualifications for wind inspectors and contractors participating in the SC Safe
			 Home Program.
Section II.
		  Wind Inspectors
A. In order to obtain
		  certification from the Department of Insurance as a wind inspector for the SC
		  Safe Home Program, an individual must:
(1)
		  submit an application on a form approved by the Department;
(2) take the Federal Alliance for Safe Homes
		  (FLASH) Blueprint for Safety Course, or other similar course approved by the
		  Department, and pass the inspector's examination with a grade of 90% or higher;
		  and
(3) have a demonstrated working
		  knowledge of residential building practices through:
(a) being actively licensed by and in good
		  standing with the South Carolina Labor Licensing and Regulation Division as a
		  general contractor or residential builder; or
(b) if not required to be licensed,
		  documentation of five years experience working in the residential construction
		  industry.
South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Section 69-80 - Corporate Governance Annual Disclosure Regulation

Current through Register Vol. 48, No. 6, June 28, 2024
Section I. Authority
These regulations are promulgated pursuant to the authority
			 granted by Section
			 38-13-1030 of the Insurance
			 Law.
Section II. Purpose.
The purpose of these regulations is to set forth the procedures
			 for filing and the required contents of the Corporate Governance Annual
			 Disclosure (CGAD), deemed necessary by the Director to carry out the provisions
			 of Section 38--13-1000 et seq.
Section
		  III. Definitions.
A. "Director."
		  The South Carolina Director of Insurance or his designee.
B. "Insurance group." For the purpose of this
		  Act, the term "insurance group" shall mean those insurers and affiliates
		  included within an insurance holding company system as defined in Section
		  38-13-1000
		  et seq.
C. "Insurer." The term
		  "insurer" shall have the same meaning as set forth in Regulation
		  69-3,
		  except that it shall not include agencies, authorities or instrumentalities of
		  the United States, its possessions and territories, the Commonwealth of Puerto
		  Rico, the District of Columbia, or a state or political subdivision of a
		  state.
D. "Senior Management." The
		  term "senior management" shall mean any corporate officer responsible for
		  reporting information to the board of directors at regular intervals or
		  providing this information to shareholders or regulators and shall Include, for
		  example and without limitation, the Chief Executive Officer ("CEO"), Chief
		  Financial Officer ("CFO"), Chief Operations Officer ("COO"), Chief Procurement
		  Officer ("CPO"), Chief Legal Officer ("CLO"), Chief Information Officer
		  ("CIO"), Chief Technology Officer ("CTO"), Chief Revenue Officer ("CRO"), Chief
		  Visionary Officer ("CVO"), or any other "C" level executive.