NOTICES
Deregulation of Accident and Health Forms
[26 Pa.B. 1453] The Insurance Commissioner hereby deregulates certain accident and health forms, as authorized by section 354 of The Insurance Company Law of 1921 (40 P. S. § 477b) as set forth in Annex A.
Statutory Authority
Section 354 of The Insurance Company Law of 1921 (40 P. S. § 447b), requires that all policy forms for accident and health insurance and other lines of business, be submitted to the Insurance Commissioner for prior approval before issuance to any consumer in the Commonwealth. However, that law gives the Commissioner express authority to exempt forms from the prior approval requirement. Accordingly, the Commissioner hereby exempts from filing or prior approval the forms for the lines of business listed in Annex A.
Insurers Subject to the Filing Requirement
Section 354 applies only to insurance companies, associations and exchanges, which terms are defined at section 101 of The Insurance Company Law (40 P. S. § 361). Section 354, and thus this deregulation, do not apply to Health Maintenance Organization policies, Blue Cross/Blue Shield policies or Preferred Provider Organization policies.
Forms Which are not Deregulated
The Commissioner's action extends to certain group lines of business offered by commercial accident and health insurers only. The Commissioner has not deregulated policy forms used in the individual accident and health market. Thus, individual accident and health policies are not deregulated hereunder.
Forms which include both regulated and deregulated lines of business must continue to be submitted for prior approval. Also, forms which have been previously disapproved by the Insurance Department may not be used absent the prior approval of the Commissioner.
Continuing Authority of the Commissioner
Notwithstanding the implementation of this notice, the Commissioner will retain complete authority to request and be provided a copy of any form being issued in this Commonwealth, as provided by section 903 of The Insurance Department Act of 1921 (40 P. S. § 323.1 et seq.).
The Commissioner also will retain complete authority to reassume regulatory authority over the types of forms deregulated hereunder at her discretion.
Notwithstanding the deregulation of the forms specified herein, all such forms must continue to comply with applicable Pennsylvania law including, but not limited to:
Childhood Immunization Act 35 of 1992 (40 P. S. § 3501 et seq.)
Coverage for Mammographic Examination (40 P. S. § 764c)
Women's Preventive Health Services Act (40 P. S. § 1571 et seq.)
Effective Date
This deregulation action is effective as of July 1, 1996.
Questions
Questions concerning this notice may be directed to Gregory Martino, Deputy Insurance Commissioner, Office of Rate and Policy Regulation, 1311 Strawberry Square, Harrisburg, PA 17120, (717) 787-4192.
ANNEX A
Insurance Department
Deregulated Commercial Lines Accident and Health Forms The Insurance Commissioner, by this notice, hereby deregulates the following lines of business under the authority of section 354 of The Insurance Company Law of 1921 (40 P. S. § 447b), effective July 1, 1996.
1) Group Long or Short Term Disability policies issued under The Insurance Company Law of 1921, section 621.2 (40 P. S. § 756.2). Regulations: 31 Pa. Code Chapter 89.
2) Blanket Student Accident and Health policies issued under The Insurance Company Law of 1921, section 621.3 (40 P. S. § 756.3). Regulations: 31 Pa. Code Chapter 89.
3) Group Dental and Vision policies issued by commercial insurers under The Insurance Company Law of 1921, section 621.2 (40 P. S. § 756.2). Regulations: 31 Pa. Code Chapter 89.
4) Group Accident and Health policies issued by commercial insurers under The Insurance Company Law of 1921, section 621.2 (40 P. S. § 756.2). Regulations: 31 Pa. Code Chapter 89.
5) Blanket Accident and Health policies issued under The Insurance Company Law of 1921, section 621.3 (40 P. S. § 756.3). Regulations: 31 Pa. Code Chapter 89.
6) Franchise Accident and Health policies issued under The Insurance Company Law of 1921, section 621.4 (40 P. S. § 756.4). Regulations: 31 Pa. Code Chapter 89.
7) Riders, amendments and endorsements used with the above lines of business.
LINDA S. KAISER,
Insurance Commissioner
[Pa.B. Doc. No. 96-507. Filed for public inspection March 29, 1996, 9:00 a.m.]
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