No. 28767 (Amendment): R590-220. Submission of Accident and Health Insurance Filings  

  • DAR File No.: 28767
    Filed: 05/31/2006, 03:05
    Received by: NL

     

    RULE ANALYSIS

    Purpose of the rule or reason for the change:

    Some changes were made at the request of the insurance industry. Some requirements were deleted as a result of changes to Rule R590-167, Individual and Small Employer Health Insurance Rule. Other changes were made to comply with the National Association of Insurance Commissioners' (NAIC) Speed to Market Standards.

     

    Summary of the rule or change:

    Section R590-220-3 updates the publication date for the NAIC filing documents and removes the Utah Accident and Health Filing Transmittal document. Section R590-220-4 redefines "Alternate Information" to be called "Filing Status Information." Section R590-220-5 clarifies what is a "Filing Correction." Section R590-220-6 includes changes resulting from the elimination of the Utah Accident and Health Filing Transmittal document. Sections R590-220-8 and R590-220-11 clarify filing types for rate and rate documentation submissions. Section R590-220-9 requires discretionary groups to be reauthorized if they choose to market additional insurance products. Section R590-220-10 removes reports no longer required as a result of changes to Rule R590-167. Section R590-220-12 is changed to provide instructions for filings submitted on paper or electronically. Section R590-220-13 eliminates obsolete information about the transmittal form and is replaced with specific instructions for filing long-term care products, which are already a part of other sections of the rule. Section R590-220-15 added requirements for submitting documents when responding to a department order.

     

    State statutory or constitutional authorization for this rule:

    Sections 31A-2-201, 31A-2-201.1, 31A-2-202, 31A-22-605, 31A-22-620, and 31A-30-106

     

    Anticipated cost or savings to:

    the state budget:

    Insurers will be required to file an additional form with their health and accident rate and form filings. This will not create any significant change to the workload of the department personnel or its revenues. As a result, the state budget will not be affected.

     

    local governments:

    The changes to this rule will have no fiscal impact on local governments since it deals solely with the relationship between the licensee and the department.

     

    other persons:

    Insurers will have to file an additional "Filing Status Information" form with their rate and form filings. This is a one-page document. If filed electronically, insurers will not have the expense of printing and storing this document. There are approximately 260 companies that file anywhere from one to ten filings a year. Insurers will also be required to file a two-page reauthorization request if they want to offer additional insurance products to discretionary groups. Since cost to the insurer is negligible, there should be no cost to the consumer.

     

    Compliance costs for affected persons:

    Insurers will have to file an additional "Filing Status Information" form with their rate and form filings. This is a one-page document. If filed electronically, insurers will not have the expense of printing and storing this document. There are approximately 260 companies that file anywhere from one to ten filings a year. Insurers will also be required to file a two-page reauthorization request if they want to offer additional insurance products to discretionary groups. Since cost to the insurer is negligible, there should be no cost to the consumer.

     

    Comments by the department head on the fiscal impact the rule may have on businesses:

    Cost to businesses will be negligible. D. Kent Michie, Commissioner

     

    The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

    Insurance
    Administration
    Room 3110 STATE OFFICE BLDG
    450 N MAIN ST
    SALT LAKE CITY UT 84114-1201

     

    Direct questions regarding this rule to:

    Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov

     

    Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

    07/17/2006

     

    Interested persons may attend a public hearing regarding this rule:

    7/06/2006 at 10:00 AM, State Office Building (behind the Capitol), Room 3112, Salt Lake City, UT

     

    This rule may become effective on:

    07/25/2006

     

    Authorized by:

    Jilene Whitby, Information Specialist

     

     

    RULE TEXT

    R590. Insurance, Administration.

    R590-220. Submission of Accident and Health Insurance Filings.

    R590-220-3. Documents Incorporated by Reference.

    (1) The department requires that the documents described in this rule shall be used for all filings. Actual copies may be used or you may adapt them to your word processing system. If adapted, the content, size, font, and format must be similar.

    (2) The following filing documents are hereby incorporated by reference and are available on the department's web site, www.insurance.utah.gov[/RF-Flgs.html]:

    (a) "NAIC Life, Accident and Health, Annuity, Credit Transmittal Document," effective January 1, [2003]2006;

    (b) "NAIC Instruction Sheet for Life, Accident and Health, Annuity, Credit Transmittal Document," effective January 1, [2003]2006;

    (c) "NAIC Instruction Sheet for Life, Accident and Health, Annuity, Credit Transmittal Document Form Filing Attachment and Rate Filing Attachment," effective January 1, [2003]2006;

    (d) "NAIC Uniform Life, Accident and Health, Annuity and Credit Coding Matrix," effective January 1, [2003]2006;

    (e) ["Utah Accident and Health Insurance Filing Transmittal," version April 1, 2004;

    (f) ]"Utah Accident and Health Insurance Filing Certification," version [April 1, 2004]September 1, 2006;

    [(g)](f) "Utah Accident and Health Insurance Group Questionnaire," version [April 1, 2004]September 1, 2006; and

    [(h)](g) "Utah Accident and Health Insurance Request for Discretionary Group Authorization," version [April 1, 2004]September 1, 2006.

     

    R590-220-4. Definitions.

    In addition to the definitions in Section 31A-1-301, the following definitions shall apply for the purposes of this rule.

    (1) ["Alternate information" means a list of the states to which the filing was submitted, the date submitted, and the states' actions, including their responses.

    (2) ]"Certification" means a statement that the filing being submitted is in compliance with Utah laws and rules.

    [(3)](2) "Discretionary group" means a group that has been specifically authorized by the commissioner under Subsection 31A-22-701(1)[(c)](b).

    [(4)](3) "Eligible group" means a group that meets the definition in Subsection 31A-22-701(1)(a).

    [(5)](4) "File And Use" means a filing can be used, sold, or offered for sale after it has been filed with the department.

    [(6)](5) "File Before Use" means a filing can be used, sold, or offered for sale after it has been filed with the department and a stated period of time has elapsed from the date filed.

    [(7)](6) "File For Acceptance" means a filing can be used, sold, or offered for sale after it has been filed and the filer has received written confirmation that the filing was accepted.

    [(8)](7) "File for Approval" means a filing can be used, sold, or offered for sale after it has been filed and the filer has received written confirmation that the filing was approved.

    [(9)](8) "Filer" means a person or entity who submits a filing.

    [(10)](9) "Filing," when used as a noun, means an item required to be filed with the department including:

    (a) a policy;

    (b) a rate, rate manual, or rate methodologies;

    (c) a form;

    (d) a document;

    (e) a plan;

    (f) a manual;

    (g) an application;

    (h) a report;

    (i) a certificate;

    (j) an endorsement;

    (k) an actuarial certification;

    (l) a licensee annual statement;

    (m) a licensee renewal application; or

    (n) an advertisement.

    (10) "Filing status information" means a list of the states to which the filing was submitted, the date submitted, and the states' actions, including their responses.

    (11) "Letter of authorization" means a letter signed by an officer of the insurer on whose behalf the filing is submitted that designates filing authority to the filer.

    (12) "Market type" means the type of policy that indicates the targeted market such as individual or group.

    (13) "Order to Prohibit Use" means an order issued by the commissioner that forbids the use of a filing.

    (14) "Rating methodology change" for the purpose of a health benefit plan means:

    (a) a change in the number of case characteristics used by a covered carrier to determine premium rates for health benefit plans in a class of business;

    (b) a change in the manner or procedures by which insureds are assigned into categories for the purpose of applying a case characteristic to determine premium rates for health benefit plans in a class of business;

    (c) a change in the method of allocating expenses among health benefit plans in a class of business; or

    (d) a change in a rating factor, with respect to any case characteristic, if the change would produce a change in premium for any individual or small employer that exceeds 10%. A change in a rating factor shall mean the cumulative change with respect to such factor considered over a 12-month period. If a covered carrier changes rating factors with respect to more than one case characteristic in a 12-month period, the carrier shall consider the cumulative effect of all such changes in applying the 10% test.

    (15) "Rejected" means a filing is:

    (a) not submitted in accordance with Utah laws and rules;

    (b) returned to the filer by the department with the reasons for rejection; and

    (c) not considered filed with the department.

    (16) "Type of insurance" means a specific accident and health product including dental, health benefit plan, long-term care, Medicare supplement, income replacement, specified disease, or vision.

     

    R590-220-5. General Filing Information.

    (1) Each filing submitted must be accurate, consistent, complete and contain all required documents in order for the filing to be processed in a timely and efficient manner. The commissioner may request any additional information deemed necessary.

    (2) An insurer and filer are responsible for assuring compliance with Utah laws and rules. A filing not in compliance with Utah laws and rules is subject to regulatory action under Section 31A-2-308.

    (3) A filing that does not comply with this rule will be rejected and returned to the filer. A rejected filing is not considered filed with the department.

    (4) Prior filings will not be researched to determine the purpose of the current filing.

    (5) The department does not review or proofread every filing.

    (a) A filing may be reviewed:

    (i) when submitted;

    (ii) as a result of a complaint;

    (iii) during a regulatory examination or investigation; or

    (iv) at any other time the department deems necessary.

    (b) If a filing is reviewed and is not in compliance with Utah laws and rules, an Order To Prohibit Use will be issued to the filer. The commissioner may require the insurer to disclose deficiencies in forms or rating practices to affected insureds.

    (6) Filing correction.

    (a) No [filing ]transmittal is required when [clerical or typographical corrections are made to a filing previously filed if the corrected filing is submitted within 30 days of the date "Filed" with the department. The filer will need to reference the original filing]making a correction to misspelled words and punctuation in a filing. This filing will be considered informational.

    (b) No transmittal is required when a clerical correction is made to a previous filing if submitted within 15 days of the date "Filed" with the department. The filer must reference the original filing or include a copy of the original transmittal.

    (c) A new filing is required if[ the] a clerical [or typographical corrections are]is made more than [30]15 days after the [filed date of the original filing]date "Filed" with the department. The filer [will need to]must reference the original filing or include a copy of the original transmittal.

    (7) Filing withdrawal. A filer must notify the department when [the filer withdraws]withdrawing a previously filed form, rate, or supplementary information.

     

    R590-220-6. Filing Submission Requirements.

    A filing must be submitted by market type and type of insurance. A filing may not include more than one type of insurance, or request filing for more than one insurer. A complete filing consists of the following documents submitted in the following order:

    (1) Transmittal. The NAIC Life, Accident and Health, Annuity, Credit Transmittal Document[ A transmittal], as provided in R590-220-3(2), must be on the top of the filing. The transmittal form must be properly completed.

    (a) Complete the transmittal by using the following:

    (i) NAIC Instruction Sheet for Life, Accident and Health, Annuity, Credit Transmittal Document Form Filing Attachment and Rate Filing Attachment;

    (ii) NAIC Instruction Sheet for Life, Accident and Health, Annuity, Credit Transmittal Document Form Filing Attachment and Rate Filing Attachment; and

    (iii) NAIC Uniform Life, Accident and Health, Annuity and Credit Coding Matrix.

    (b) Do not submit the document described in sections (a)(i),(ii), and (iii) with the filing.

    (2) Filing Description. A cover letter should not be submitted. Instead, the[The] following information must be included in[ a cover letter or in] the Filing Description on the [NAIC ]transmittal and presented in the order shown below.[ If using a cover letter, the letter must be on company letterhead and properly identify the insurer.

    (a) List of Forms. All form numbers being filed or affected by the filing must be listed in the "Regarding" line of the cover letter, or on an attached list, which includes the form number, and title or name. This information does not need to be included if submitting the NAIC transmittal form.

    (b)] Description of Filing.

    (i) Indicate if the filing is new, replacing a previous filing, or contains forms that have been previously filed and are included for informational purposes.

    (ii) Provide a brief description of each component's purpose, benefits and provisions.

    (iii) Identify any new, unusual, or controversial provision.

    (iv) Identify any unresolved previously prohibited provision and explain why the provision is included in the filing.

    (v) Explain any change in benefits or premiums that may occur while the contract is in force.

    (vi) If the filing is replacing or modifying a previous submission, provide information that identifies the filing being replaced or modified, the Utah filed date, and a detailed description of the changes made.

    (vii) If the filing includes forms for informational purposes, provide the dates the forms were filed.

    (viii) If filing a certificate, outline of coverage, application, or endorsements, and the filing does not contain a policy, identify the affected policy form number, the Utah filed date, and describe the effect of the submitted forms on the base policy.

    [(c)](b) Marketing Facts.[ If the NAIC transmittal is used, the company must:]

    (i) [list ]List the issue ages, which means the range of minimum and maximum ages for which a policy will be issued;

    (ii) [identify]Identify the intended market, such as senior citizens, nonprofit organizations, association members, etc; and

    (iii) [describe]Describe marketing and advertising in detail, i.e., through a marketing association, mass solicitation, electronic media, financial institutions, internet, telemarketing, or individually through licensed producers.

    [(d)](c) Underwriting Methods. Provide a general explanation of the underwriting applicable to the filing.

    (3) Certification. The Utah Accident and Health Insurance Filing Certification must be properly completed and signed. A filing will be rejected if the certification is missing or incomplete. A certification that is inaccurate may subject the filer to administrative action.[ If the NAIC transmittal is being submitted, the Utah Accident and Health Insurance Filing Certification must also be included.]

    (4) Domicile Approval and Filing Status Information. A foreign insurer and filer must first submit filings to their domicile state. All filings must include domicile status and filing status information:

    (a) [If a filing was submitted to the domicile state, provide]Provide a stamped copy of the approval letter from the domicile state for the exact same filing[.] and;

    (b) [If a filing was not submitted to the domicile state, or the domicile state did not provide specific approval for the filing, then alternate]Filing status information which includes;

    (i) a list of the states to which the filing was submitted,

    (ii) the date submitted, and

    (iii) the states' actions and their responses,[ must be provided].

    (c) If the filing is specific to Utah and only filed in Utah, then section 14 of the transmittal must be completed stating, "UTAH SPECIFIC - NOT SUBMITTED TO ANY OTHER STATE."

    (5) Group Questionnaire or Discretionary Group Authorization Letter. A group filing must identify the type of group, and include either a signed and fully completed "Utah Accident and Health Insurance Group Questionnaire," or a copy of the "Utah Accident and Health Insurance Discretionary Group Authorization" letter.

    (6) Letter of Authorization. When the filer is not the insurer, a letter of authorization from the insurer must be included. The insurer remains responsible for the filing being in compliance with Utah laws and rules.

    (7) Items being submitted for filing. Refer to each applicable subsection of this rule for general procedures and additional procedures on how to submit forms, rates, and reports.

    (8) Return Notification Materials.

    (a) Return notification materials are limited to:

    (i)[ a copy of the cover letter if submitted;

    (ii)] a copy of the transmittal; and

    [(iii)](ii) a self addressed, stamped envelope.

    (b) Any additional documents submitted for return will be discarded.

    (c) Notice of filing will not be provided unless return notification materials are submitted.

     

    R590-220-8. Additional Procedures for Individual Market Filings.

    (1) This section does not apply to filings for individual health benefit plans that are subject to 31A-30 and Rule R590-167. Health benefit plan filings are discussed in R590-220-10.

    (2) Rates and rate documentation submitted with a new form filing are a "File and Use" filing. A rate revision filing [addressed in this section ]is a "File for Acceptance" filing.

    (3) A filer submitting an individual accident and health filing is advised to review 31A-22, Part VI, and Rules R590-85, R590-126, and R590-131.

    (4) Every individual accident and health policy, or endorsement affecting benefits shall be accompanied by a rate filing with an actuarial memorandum signed by a qualified actuary. A rate filing need not be submitted if the filing does not require a change in premiums, however the reason why there is not a change in premium must be explained in the Filing Description. Rates must be filed in accordance with the requirements of Section 31A-22-602, Rule R590-85, and this rule.

    (5) A filer submitting a long term care filing, including an endorsement attached to a life insurance policy, is advised to review 31A-22 Part XIV and Rule R590-148.

    (6) A filer submitting a Medicare supplement filing is advised to review Section 31A-22-620 and Rule R590-146.

     

    R590-220-9. Additional Procedures for Group Market Form Filings.

    A filer submitting a group accident and health filing is advised to review 31A-8, 31A-22 Parts VI and VII, 31A-30, Rules R590-76, R590-131, R590-146 and R590-148. A filer submitting a group health benefit plan filing should also review R590-220-10 in addition to this section.

    (1) Determine whether the group is an eligible group or a discretionary group.

    (2) Eligible Group. A filing for an eligible group must include a completed "Utah Accident and Health Insurance Group Questionnaire."

    (a) A questionnaire must be completed for each eligible group under Section 31A-22-503 through 507.

    (b) When a filing applies to multiple employee-employer groups under Section 31A-22-502, only one questionnaire is required to be completed.

    (3) Discretionary Group. If the group is not an eligible group, then specific discretionary group authorization must be obtained prior to filing.

    (a) To obtain discretionary group authorization a Utah Accident and Health Insurance Request for Discretionary Group Authorization must be submitted and include all required information.

    (b) Evidence or proof of the following items are some factors considered in determining acceptability of a discretionary group:

    (i) the existence of a verifiable group;

    (ii) that granting permission is not contrary to public policy;

    (iii) the proposed group would be actuarially sound;

    (iv) the group would result in economies of acquisition and administration which justify a group rate; and

    (v) the group would not present hazards of adverse selection.

    (c) A discretionary group filing that does not provide authorization documentation will be rejected.

    (d) A change to an authorized discretionary group, such as change of name, trustee or domicile state, must be submitted to the department within 30 days of the change.

    (e) To add additional types of insurance products to be offered, requires that the discretionary group to be re-authorized. The discretionary group authorization will specify the types of products that a discretionary group may offer.

    (f) The commissioner may periodically re-evaluate the group's authorization.

    (4) A filer may not submit a rate or form filing prior to receiving discretionary group authorization. If a rate or form filing is submitted without discretionary group authorization, the filing will be rejected.

    (5) A filer submitting a long-term care filing, including a long-term care endorsement attached to a life insurance policy, is advised to review 31A-22 Part XIV, Rule R590-148, and section 13 of this rule.

    (6) A filer submitting a Medicare supplement filing is advised to review Section 31A-22-620, Rule R590-146, and section 11 of this rule.

     

    R590-220-10. Additional Procedures for Individual, Small Employer, and Group Health Benefit Plan Filings.

    This section contains instructions for filings subject to 31A-30. A filer submitting health benefit plan filings that are subject to 31A-30 is advised to review 31A-8, 31A-22 Parts VI and VII, 31A-30, Rules R590-76, R590-131, R590-167, R590-175 and R590-176.

    (1) General requirements.

    (a) Letter of Intent. A filing must include a copy of the letter filed with the commissioner declaring the carrier's intention as required by R590-167-10.

    (b) Class of Business. The Filing Description must describe the class of business, as provided in Section 31A-30-105.

    (c) Rate Manual. A health benefit plan form filing must include a rate manual. If the rate manual was previously filed, provide a copy of the transmittal and documentation indicating the department's receipt.

    (2) Rate Manual Filing.

    (a) A rate manual that does not request a change in rating methodology is a "File Before Use" filing.

    (b) A change in rating methodology filing is a "File for Approval" filing.

    (c) A new and revised rate manual.

    (i) A filing must include an actuarial certification signed by a qualified actuary.

    (ii) A rate manual and subsequent change must be filed 30 days prior to use.

    (iii) A rate manual must list the case characteristics and rate factors to be used. A rating manual must be applied in the same manner for all health benefit plans in a class. The area factor and industry factor must contain the specific schedules applicable in Utah. Any case characteristic not listed in Subsection 31A-30-106(1)(h) requires prior approval of the commissioner.

    (iv) The rating manual shall describe the method of calculating the risk load, including the method used to determine any experience factors. The rating manual must clearly describe how the overall rate is reviewed for compliance with the rate restrictions.

    (3) Health Benefit Plan Report.[ A report must be filed separately and be properly identified.]

    (a) Reports due April 1 each year:

    (i) "Actuarial Certification." An actuarial certification as described in Section 31A-30-106 and Rule R590-167-11.A.

    (ii) ["List of Health Benefit Plan Policy Forms." A list of every health benefit plan policy form to which 31A-30 applies and a description of how to find each form in the rating manual, as required by R590-167-11.C.

    (iii) "Statistical Report." The statistical report, as required by R590-167-11.D, in the required format provided in Appendix I of that rule.

    (iv) ]"Small Employer Index Rates Report." All small employer carriers must file their index rates as of March 1 of the current year and preceding year, as required by Subsection 31A-29-117(2). The report must include the actual index rates, and calculate the percentage change in these rates between the two years.

    (b) [Report due August 15 each year, "Covered Lives Counts as of June 30." Carriers must submit the number of natural lives covered under individual market health benefit plans and small employer market health benefit plans, as required by R590-167-11.E.]A report must be filed separately and be properly identified.

     

    R590-220-11. Additional Procedures for Medicare Supplement Filings.

    A filer submitting Medicare supplement filings is advised to review Section 31A-22-620 and Rule R590-146. A Medicare supplement form filing that affects rates must be filed with all required rating documentation.

    (1) An insurer must file its Medicare Supplement Buyers Guide.

    (2) Rates.

    (a) [Medicare supplement rates are "File for Acceptance" filings.]Rates and rate documentation submitted with a new form filing are a "File and Use" filing. A rate revision filing is a "File for Acceptance" filing.

    (b) Medicare supplement rates must comply with Section 31A-22-602, Rules R590-146 and R590-85.

    (c) An insurer shall not use or change premium rates for a Medicare supplement policy or certificate unless the rates, rating schedule and supporting documentation have been filed.

    (d) A rate revision request may not be used to satisfy the annual filing requirements of Rule R590-146-14.C.

    (3) Annual Medicare Supplement Report.

    (a) Medicare supplement reports are "File and Use" filings.

    (b) Report due March 1 each year, "Report of Multiple Policies." As required by R590-146-22, an issuer of Medicare supplement policies shall annually submit a report of multiple policies the insurer has issued to a single insured. The report is required each year listing each insured with multiple policies or stating that no multiple policies were issued.

    (c) Reports due May 31 each year.

    (i) "Annual Filing of Rates and Supporting Documentation." An issuer of Medicare supplement policies and certificates shall file annually its rates, rating schedule and supporting documentation, including ratios of incurred losses to earned premiums by policy duration, in accordance with R590-146-14.C. The NAIC Medicare Supplement Insurance Model Regulations Manual details what should be included in the annual rate filing. Annual reports submitted with a request or any type of reference to a rate revision will be rejected.

    (ii) "Refund Calculation and Benchmark Ratio." An issuer shall file the "Medicare Supplement Refund Calculation Form" and "Reporting Form for the Calculation of Benchmark Ratio Since Inception for Group Policies" reports according to R590-146-14.B.

    (d) A report must be filed separately and be properly identified.

     

    R590-220-12. Additional Procedures for Combination Policies or Endorsements Providing Life and Accident and Health Benefits.

    A filer submitting health and life combination policies, or health endorsements to life policies, are advised to review Rule R590-226.

    (1) A combination filing is a policy or endorsement, which creates a product that provides both life and accident and health insurance benefits. The two types of acceptable filings are an endorsement or an integrated policy. Combination filings take considerable time to process, and will be processed by both the Life Insurance Division and the Health Insurance Division.

    (2) A combination filing submitted via paper must include transmittals and certifications for both the Life and Property and casualty Insurance Division and the Health Insurance Division. A combination filing submitted electronically must be submitted separately to both the Health Insurance Division and the Life and Property and Casualty Division.

    (3)(a) For an integrated policy, the filing must be submitted to the appropriate division based on benefits provided in the base policy.

    (b) For an endorsement, the filing must be submitted to the appropriate division based on benefits provided in the endorsement.

    (4) The Filing Description must identify the filing as having a combination of insurance types, such as:

    (a) term policy with a long-term care benefit rider; or

    (b) major medical policy that includes a life insurance benefit.

     

    R590-220-13. Additional Procedures for [Completing the NAIC Transmittal]Long Term Care Products.

    [If a filer uses the transmittal in R590-220-3(2)(a), the requirements of this section must be met.

    (1) The transmittal must be completed using the documents provided under Subsections R590-220-3(2)(b), (c), and (d).

    (2) Do NOT submit the documents described in Subsections R590-220-3(2)(b), (c), and (d) with a filing.

    (3) The transmittal and its related documents can be viewed at www.naic.org/rates_forms/ or www.insurance.utah.gov/RF-Flgs.html.

    (4)(a) A filing will be prohibited and subject to a forfeiture if the certification in Section 15 of the transmittal is false.

    (b) The filer is also required to submit the Utah Accident and Health Insurance Filing Certification.]A filer submitting long-term care product filings is advised to review Section 31A-22-1400, Rule R590-148, and section 12 of this rule. A long-term care form filing that affects rates must be filed with all required rating documentation.

    (1) Rates.

    (a) Rates and rate documentation submitted with a new form filing are a "File and Use" filing. A rate revision filing is a "File for Acceptance" filing.

    (b) Long-term care rates must comply with Rules R590-148 and R590-85.

    (c) An insurer shall not use or change premium rates for a long-term care policy or certificate unless the rates, rating schedule and supporting documentation have been filed.

    (3) Reports. All reports required by Rule R590-148-25 must be filed separately, with a transmittal and be properly identified.

     

    R590-220-15. Correspondence, Status Checks, and Responses.

    (1) Correspondence. When corresponding with the department, a filer must provide sufficient information to identify the original filing:

    (a) type of insurance;

    (b) date of filing;

    (c) form numbers; and

    (d) copy of the original transmittal.

    (2) Status Checks.

    (a) A filer can request the status of its filing by telephone or email 60 days after the date of submission.

    (b) A complete filing is usually processed within 45 days of receipt. If a filing includes all return notification materials, a response should be received within that time.

    (3) Response to an Order. A response to an order must include:

    (a) a response cover letter identifying the changes made;

    (b) a copy of the Protected Correspondence that was included with the Order to Prohibit Use;

    (c) one copy of the revised documents with all changes highlighted;[ and]

    (d) one copy of the revised documents incorporating all changes without highlights; and

    [(d)](e) return notification materials, which consist of a copy of the response cover letter and a self-addressed stamped envelope.

    (4) Rejected Filing.

    (a) A rejected filing is NOT considered filed. If resubmitted it is considered a new filing.

    (b) If resubmitting a previously rejected filing, the new filing must include a copy of the rejection notice.

     

    R590-220-17. Enforcement Date.

    The commissioner will begin enforcing the provisions of this rule [April 1, 2004]September 1, 2006.

     

    KEY: health insurance filings

    Date of Enactment or Last Substantive Amendment: [March 24, 2004]2006

    Authorizing, and Implemented or Interpreted Law: 31A-2-201; 31A-2-201.1; 31A-2-202; 31A-22-605; 31A-22-620; 31A-30-106

     

     

     

     

Document Information

Effective Date:
7/25/2006
Publication Date:
06/15/2006
Type:
Notices of Changes in Proposed Rules
Filed Date:
05/31/2006
Agencies:
Insurance,Administration
Rulemaking Authority:

Sections 31A-2-201, 31A-2-201.1, 31A-2-202, 31A-22-605, 31A-22-620, and 31A-30-106

 

Authorized By:
Jilene Whitby, Information Specialist
DAR File No.:
28767
Related Chapter/Rule NO.: (1)
R590-220. Submission of Accident and Health Insurance Filings.