Tenn. Comp. R. & Regs. 0780-01-92-.03 - GENERAL FILING REQUIREMENTS

(1) All the provisions of this Chapter, Rule 0780-01-92-.01 through Rule 0780-01-92-.08, apply to individual policy forms except as specifically provided in Rule 0780-01-92-.03(8).

(2) Each form shall be listed in a cover letter or in an attached list and all covering letters and lists shall be in duplicate. Rates and subsequent rate revisions must be filed with all accident and sickness policy forms as specified in T.C.A. §§ 56-26-102 and 56-26-202, and each policy form filing must be accompanied by a schedule of the proposed premium rates, except revised policy forms previously filed, rider and endorsement forms which do not require a change in rates.

(3) The marketing method to be used (e.g., individual sales, franchise, blanket, direct mail, group) shall be identified. Submission of mass-marketed policies, excluding individually marketed and underwritten policies and group policies as defined in T.C.A. § 56-26-201, shall include a description of the marketing program and state any fees involved.

(4) All filings must be submitted by the company concerned. If the filing is submitted through a third party, the filing should be accompanied by a letter of authorization signed by an officer of the insurance company.

(5) If the form being submitted is intended to replace an approved form already on file, a list of the material changes made in the new form must accompany the transmittal letter.

(6) All blank spaces in each policy form, except an application, must be filled in and completed with hypothetical data to indicate the purpose and use of the form. If there are numerical variables contained within the policy form, the range of variables must be stated in the policy form.

(7) When submitting a policy form to which a copy of the application must be attached when issued, a copy of the appropriate application shall be attached to the policy form. If the application has already been approved, the form number and date of approval shall be stated in the transmittal letter.

(8) The requirements of this paragraph shall apply solely to group accident and sickness policies and forms except for major medical health insurance coverage as referenced in T.C.A. § 56-26-102(d) and to coverage regulated under Tenn. Comp. R. & Regs. 0780-01-93.

(a) As to experience-rated group insurance, premium rates and classifications need not be filed; however, form filings must be accompanied by a statement signed by an authorized person on behalf of the company that:

1. The policy filing is experience-rated group insurance, and

2. The premium rates and classification of risks are available for review by the Commissioner of Insurance upon request.

(b) As to other than experience-rated group insurance, the applicable premium rates and classifications must accompany the form filing, and the filing must be accompanied by a certification by an authorized person on behalf of the company that the premium rates are not unreasonable in relation to benefits provided, and that actuarial data and experience shall be maintained by the company and available for review by the commissioner upon request.

Notes

Tenn. Comp. R. & Regs. 0780-01-92-.03

Emergency rule filed August 29, 2011; effective through February 25, 2012. Original rule filed November 22, 2011; effective February 20, 2012.

Authority: T.C.A. §§ 4-5-206, 56-1-212, 56-2-201, 56-2-301, 56-26-102, 56-26-103, 56-26-114, 56-26-202, 56-27-112, 56-28-106, 56-29-117, 56-32-107 and Public Law 111-148 as amended by Public Law 111-152 (2010).