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Current Status Bill Number:View additional legislative information at the LPITS web site.605 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010424 Primary Sponsor:Thomas All Sponsors:Thomas Drafted Document Number:l:\council\bills\dka\4282mm01.doc Residing Body:Senate Current Committee:Banking and Insurance Committee 02 SBI Subject:Insurance forms, approval or disapproval of by Director or designee; Insurance History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010424 Introduced, read first time, 02 SBI referred to Committee Versions of This Bill
TO AMEND SECTIONS 38-61-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF INSURANCE FORMS GENERALLY BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, 38-71-310, AS AMENDED, RELATING TO APPROVAL OF INDIVIDUAL ACCIDENT AND HEALTH INSURANCE FORMS BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, 38-71-720, AS AMENDED, RELATING TO APPROVAL OF GROUP ACCIDENT AND HEALTH INSURANCE FORMS, 38-33-80, AS AMENDED, RELATING TO APPROVAL OF FORMS FOR EVIDENCE OF INSURANCE COVERAGE AND SCHEDULE OF CHARGES, ALL SO AS TO PROVIDE FOR NOTICE WITHIN THIRTY DAYS INSTEAD OF NINETY DAYS FROM THE DIRECTOR OR HIS DESIGNEE OF APPROVAL OR DISAPPROVAL OF THE FORM, TO PROVIDE THAT A FORM THAT IS NOT APPROVED OR DISAPPROVED WITHIN THE DEADLINE OR EXTENSION OF THE DEADLINE IS DEEMED TO BE APPROVED, AND TO PROVIDE THAT EVEN IF A FORM IS DEEMED APPROVED PURSUANT TO THE DEFAULT PROVISION THE FORM MAY NOT BE USED BY THE INSURANCE CARRIER WITHOUT FILING A NOTICE WITH THE DEPARTMENT OF THE CARRIER'S INTENT TO USE THE FORM; TO AMEND SECTION 38-61-40, AS AMENDED, RELATING TO COMPLIANCE OF AN INSURANCE FORM WITH READABILITY STANDARDS, SO AS TO CHANGE THE WORD "RECALL" TO "WITHDRAW APPROVAL OR CERTIFICATION"; TO AMEND SECTION 38-73-1300, AS AMENDED, RELATING TO APPLICATION BY A FIRE AND INLAND MARINE INSURER TO CHANGES RATES, PLANS, OR RULES, SO AS TO CHANGE "DEVIATION" TO "MODIFICATION" AND "CLASS RATES" TO "CLASS LOSS COSTS"; TO AMEND SECTION 38-73-1310, AS AMENDED, RELATING TO APPLICATION BY A CASUALTY OR AUTOMOBILE INSURER OF A UNIFORM PREMIUM INCREASE OR DECREASE, SO AS TO DELETE LANGUAGE RELATING TO THE TYPE DATA RELIED UPON BY THE DEPARTMENT IN ESTABLISHING RATES; TO AMEND SECTIONS 38-65-60 AND 38-71-750, BOTH AS AMENDED, RELATING TO PRIOR APPROVAL OF OUT-OF-STATE GROUP ACCIDENT AND HEALTH INSURANCE POLICIES AND LIFE INSURANCE POLICIES, RESPECTIVELY, BOTH SO AS TO ADD CROSS REFERENCES; AND TO REPEAL SECTION 38-73-1320 RELATING TO A HEARING UPON APPLICATION FOR A MODIFICATION OF INSURANCE CONTRACT TERMS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 38-61-20 of the 1976 Code, as last amended by Act 312 of 2000, is further amended to read:
"Section 38-61-20. (A) It is unlawful for an insurer doing business in this State to issue or sell in this State any a policy, contract, or certificate until it has been filed with and approved by the director or his designee. The director or his designee may disapprove the form if it:
(1) does not meet the requirements of law,;
(2) contains any provisions which are unfair, deceptive, ambiguous, misleading, or unfairly discriminatory,; or
(3) is going to be solicited by means of advertising, communication, or dissemination of information which is deceptive or misleading.
However, this subsection does not apply to surety contracts or fidelity bonds, except as required in Section 38-15-10, or to insurance contracts, riders, or endorsements prepared to meet special, unusual, peculiar, or extraordinary conditions applying to an individual risk or exempt commercial policies.
(B) Within thirty days after the filing of a form requiring approval, the director or his designee shall notify the organization filing the form of the approval or disapproval of the form, and the reason if the form is disapproved. The director or his designee, in his discretion, may extend for up to an additional sixty days the period within which he shall approve or disapprove the form. A form received, but neither approved nor disapproved by the director or his designee, is deemed approved at the expiration of the thirty days if the period is not extended, or at the expiration of the extended period, if any. An organization may not use a form deemed approved pursuant to the default provision of this section until the organization has filed with the director or his designee a written notice of its intent to use the form. The notice must be filed in the office of the director at least ten days before the organization uses the form.
(C) At any time after having given written approval, and after an opportunity for a hearing for which at least thirty days' written notice has been given, the director or his designee may withdraw approval if he finds that the forms form:
(1) do does not meet the requirements of law,;
(2) contain any contains provisions which are unfair, deceptive, ambiguous, misleading, or unfairly discriminatory,; or
(3) are being is solicited by means of advertising, communication, or dissemination of information which is deceptive or misleading.
(C)(D) The director or his designee may exempt from the requirements of subsection (A) as long as he considers proper any type of insurance policy, contract, or certificate to which in his opinion subsection (A) practically must not be applied, or the filing and approval of which, in his opinion, is not necessary for the protection of the public. However, every each insurer at least annually shall list the types and form numbers of all policies it issues or sells in this State which the director or his designee has exempted from being filed and approved, and an officer of the insurer shall certify that all of these policies comply fully with the laws of this State. If a policy, contract, or certificate is certified to be in compliance with the laws of this State and the director or his designee finds it violates a law of this State, he may disqualify that insurer from certifying policies, contracts, or certificates allowed under this subsection.
(D)(E) Nothing in this chapter precludes the issuance of a life insurance contract that includes an optional accident, health, or accident and health insurance rider. However, the optional accident, health, or accident and health insurance rider must be filed with and approved by the director or his designee pursuant to Section 38-71-310, 38-71-720, or 38-71-740, as appropriate, and comply with all applicable sections of Chapter 71 of this title and, in addition, in the case of long term care insurance, Chapter 72 of this title."
SECTION 2. Section 38-71-310(A) and (F) of the 1976 Code, as last amended by Act 411 of 1998, is further amended to read:
"(A) No A policy or certificate of accident, health, or accident and health insurance may not be issued or delivered in this State, nor may any application, endorsement, or rider which becomes a part of the policy be used, until a copy of its form has been filed with and approved by the director or his designee, except as exempted by regulation of the department the director or his designee as permitted by Section 38-61-20. The director or his designee may disapprove the form if the form:
(1) does not meet the requirements of law,;
(2) contains any provisions which are unfair, deceptive, ambiguous, misleading, or unfairly discriminatory,; or
(3) is going to be solicited by means of advertising, communication, or dissemination of information which is deceptive or misleading.
The director or his designee shall notify in writing, as soon as is practicable, the insurer which that has filed the form of his approval or disapproval. In the event of disapproval If the form is disapproved, the notice must contain the reasons for disapproval, and the insurer is entitled to a public hearing thereon on that decision. If no action has been is not taken to approve or disapprove a policy or certificate, application, endorsement, or rider after the documents have document has been filed for ninety thirty days, they are it is deemed to be approved. The director or his designee, in his discretion, may extend for up to an additional sixty days the period for approval or disapproval of the form. An organization may not use a form deemed approved pursuant to the default provision of this section until the organization has filed with the director or his designee a written notice of its intent to use the form. The notice must be filed in the office of the director at least ten days before the organization uses the form.
(F) Nothing in this chapter precludes the issuance of an individual accident, health, or accident and health insurance policy that includes an optional life insurance rider. However, the optional life insurance rider must be filed with and approved by the director or his designee pursuant to Section 38-61-20 and comply with all applicable sections of Chapter 63 and, in addition, in the case of a life insurance rider with accelerated long term care benefits, Chapter 72 of this title."
SECTION 3. Section 38-71-720 of the 1976 Code, as last amended by Act 411 of 1998, is further amended to read:
"Section 38-71-720. (A) A policy or contract of group accident, group health, or group accident and health insurance may not be issued or delivered in this State, nor may any application, endorsement, or rider which becomes a part of the policy be used, until a copy of the form has been filed with and approved by the director or his designee except as exempted by regulation of the department the director or his designee as permitted by Section 38-61-20. The director or his designee may disapprove the form if the form:
(1) does not meet the requirements of law;
(2) contains provisions which are unfair, deceptive, ambiguous, misleading, or unfairly discriminatory; or
(3) is going to be solicited by means of advertising, communication, or dissemination of information which is deceptive or misleading.
However, If no action has been is not taken to approve or disapprove a policy, contract, certificate, application, endorsement, or rider after the documents have document has been filed for ninety thirty days, the it may be issued and delivered until or unless subsequently disapproved by the director or his designee is deemed to be approved. This time period may be extended thirty days if the director or his designee gives written notice to the filer that he needs additional time to review the filing. The director or his designee, in his discretion, may extend for up to an additional sixty days the time period for approval or disapproval of the form. An organization may not use a form deemed approved pursuant to the default provision of this section until the organization has filed with the director or his designee a written notice of its intent to use the form. The notice must be filed in the office of the director at least ten days before the organization uses the form. The director or his designee, as soon as is practicable, shall notify in writing the insurer which has filed the form of his approval or disapproval. If the form is disapproved, the notice must contain the reasons for disapproval and the insurer is entitled to a public hearing on it that decision. At any time after having given written approval, the director or his designee, after a public hearing of which at least thirty days' written notice has been given, may withdraw approval if he finds that the forms form:
(1) do does not meet the requirements of law;
(2) contain contains provisions which are unfair, deceptive, ambiguous, misleading, or unfairly discriminatory; or
(3) are being is solicited by means of advertising, communication, or dissemination of information which is deceptive or misleading.
The withdrawal of approval must be effected by written notice to the insurer and the insurer is entitled to a public hearing on it that decision. Any action or decision of the director or his designee to withdraw approval may be appealed to the Administrative Law Judge Division in accordance with Section 38-3-210.
(B) Nothing in this chapter precludes the issuance of a policy or contract of group accident, group health, or group accident and health insurance that includes an optional life insurance rider. However, the optional life insurance rider must be filed with and approved by the director or his designee pursuant to Section 38-61-20 and comply with all applicable sections of Chapter 65 and, in addition, in the case of a life insurance rider with accelerated long term care benefits, Chapter 72 of this title."
SECTION 4. Section 38-33-80(A)(2) and (C) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(2) No Evidence of coverage, or an amendment thereto to it, may not be issued or delivered to any a person in this State until a copy of the form of the evidence of coverage, or amendment thereto to it, has been filed with and approved by the director or his designee pursuant to Section 38-71-310(A) or 38-71-720(A).
(C) The director or his designee shall approve, within a reasonable period, approve thirty days any form if the requirements of subsection (A) are met and. The director or his designee, in his discretion, may extend for up to an additional sixty days the period within which he shall approve or disapprove the form. The director or his designee shall approve, within a reasonable period, any schedule of charges if the requirements of subsection (B) are met. It is unlawful to issue a form or to use a schedule of charges until approved. If the director or his designee disapproves the filing, he shall notify the filer. The notice must contain the reasons for disapproval, and the filer, upon request in writing, is entitled to a public hearing thereon on it. If no action is not taken to approve or disapprove any form or schedule of charges within ninety thirty days of the filing of the forms or charges form, if the period is not extended, or at the expiration of the extended period, if any, the filing is deemed approved. If action is not taken to approve or disapprove any schedule of charges within ninety days of the filing of the charges, the filing is deemed approved. An organization may not use a form or schedule of charges deemed approved pursuant to the default provision of this section until the organization has filed with the director or his designee a written notice of its intent to use the form or schedule of charges. The notice must be filed in the office of the director at least ten days before the organization uses the form or schedule of charges."
SECTION 5. Section 38-61-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 38-61-40. All insurers licensed to transact insurance business in this State shall comply with the standards prescribed by regulation of the department. The director or his designee is empowered to recall withdraw approval or certification on all existing policies of commonly purchased insurance that do not comply with Section 38-61-30."
SECTION 6. Section 38-73-1300 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 38-73-1300. Any A member of or subscriber to a rating organization to whom the provisions of Article 3 of this chapter are applicable may make written application to the director or his designee for permission to file a deviation modification from the class rates loss costs, schedules, rating plans, or rules respecting any kind of insurance or class of risk within a kind of insurance or any combination thereof of them. The application shall must specify the basis for the modification. A copy of the application must be sent simultaneously to the rating organization."
SECTION 7. Section 38-73-1310 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 38-73-1310. Any A member of or subscriber to a rating organization to whom the provisions of Article 5 of this chapter are applicable may make written application to the department for permission to file a uniform percentage decrease or increase to be applied to the premiums produced by the rating system so filed for a kind of insurance or for a class of insurance which is found by the director or his designee to be a proper rating unit for the application of such uniform percentage decrease or increase or for a subdivision of a kind of insurance (a) comprised of a group of manual classifications which is treated as a separate unit for rate-making purposes or (b) for which separate expense provisions are included in the filings of the rating organization. The application shall must specify the basis for the modification and must be accompanied by the data upon which the applicant relies. A copy of the application and data must be sent simultaneously to the rating organization."
SECTION 8. Section 38-65-60(3) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(3) Upon request of the director or his designee, copies of policies and certificates under a policy of group life insurance issued outside this State and covering residents of this State must be made available on an informational basis only. However, mass-marketed life insurance policies and certificates shall must have prior approval of the director or his designee pursuant to Section 38-61-20 before they can be offered for sale to residents of this State."
SECTION 9. Section 38-71-750(3) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(3) Upon request of the director or his designee, copies of policies and certificates under a policy of group accident, group health, or group accident and health insurance issued outside this State and covering residents of this State must be made available on an informational basis only. However, mass-marketed accident, health, or accident and health insurance policies and certificates shall must receive prior approval of the director or his designee pursuant to Section 38-71-720 before they can be offered for sale to residents of this State."
SECTION 10. Section 38-73-1320 of the 1976 Code is repealed.
SECTION 11. This act takes effect upon approval by the Governor.
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