NOTICES
Repeal of Outdated Bulletins, Notices and Statements of Policy; Notice No. 1996-10
[26 Pa.B. 3496] The Insurance Commissioner proposes to formally repeal the Bulletins, Notices and Statements of Policy listed in Annex A (collectively notices). Under Governor Tom Ridge's Executive Order 1996-1 of February 16, 1996, the Insurance Department reviewed its regulatory requirements to identify those mandates that are outdated, conflict with existing law, or are otherwise irrelevant. Those notices listed in Annex A are no longer necessary for the proper regulation of the insurance industry in the Commonwealth.
Many of the notices proposed for repeal were issued to provide guidance in advance of the promulgation of a regulation. Other notices announced a change in the law or Insurance Department practice, or announced a surcharge that was applicable in the upcoming year. Still others related to statutes that subsequently were repealed or modified.
The notices have continued in existence because they contained no formal expiration date. Insurance industry representatives who received these notices over the years have never received notification that the notices are no longer current or effective. In addition, the Department attempted to previously repeal some of these notices, yet publishers of law books and research materials continue to reproduce these notices and hold them out as statements of current and official Department policy.
For these reasons, the Insurance Department proposes to formally announce its repeal of those notices listed in Annex A.
Fiscal Impact
State Government
The adoption of the proposal will have no fiscal impact on State government.
Political Subdivisions
The proposal will have no impact on costs to political subdivisions.
General Public
The general public will benefit to the extent that the cost savings realized by the insurance industry from this proposal will be passed along to Pennsylvania consumers in the form of lower premium rates.
Private Sector
The rescission of the Bulletins, Notices and Statements of Policy will result in a cost savings for insurers and other entities regulated by the Insurance Department. The insurance industry will benefit through the elimination of time-consuming research of outdated material. By eliminating this unnecessary material, the insurance industry should realize an aggregate savings of approximately $7 million per year. This cost savings is based on the anticipated decrease in expenses for researching the status of the law relating to rating, marketing and underwriting issues.
Public Comment
Questions or comments regarding this proposal may be addressed to Patricia R. Seif, Senior Advisor to the Commissioner, Program Services Office, 1326 Strawberry Square, Harrisburg, PA 17120, telephone (7l7) 787-4298, within 30 days following publication of this notice in the Pennsylvania Bulletin.
Effective Date
The proposal will become effective after the expiration of the public comment period and upon final publication in the Pennsylvania Bulletin.
LINDA S. KAISER,
Insurance Commissioner(Editor's Note: Documents on the list below have not been printed previously under the category ''Statements of Policy'' in the Pennsylvania Bulletin.)
Annex A
INSURANCE DEPARTMENT /FOOT;1;1>
BULLETIN NOTICES AND STATEMENTS OF POLICY PROPOSED TO BE REPEALED 1 The Bulletin numbers listed after 1991 indicated the number system assigned by the Insurance Department. 1
No. 1 Date Description 6/10/63 Credit life and credit accident and health insurance (charge on small loans) 2/28/66 Credit life and credit accident and health insurance (dismemberment premiums; experience filings) 3/1/66 Licensing of surplus lines agents 7/12/67 Accident and health insurance, notice of insured's right to examine policy for 10 days 6/4/68 Title insurance policies; mortgagee title insurance; owner title insurance 6/4/68 Title insurance; rules applicable to rebate sections of The Insurance Company Law of 1921, and The Insurance Department Act of 1921 8/29/68 Revolving charge accounts and consumer credit insurance 1/19/70 Certificates of Insurance evidencing insurance coverage 1/28/70 Notice required to cancel under PA FAIR Plan 2/16/70 Auto collision ''ACV'' loss settlement practices 5/5/70 Auto collision ''ACV'' loss settlement practices 6/12/70 Liberalization and stabilization of the homeowners insurance market 8/21/70 FAIR Plan, 30 day notice of cancellation 9/30/70 Credit accident and health insurance - collecting and remitting premiums 2/8/71 Supplementary information to be supplied with rate filings 8/2/71 Disapproval of deposit term policies 8/9/71 Annual report on loss prevention activity, unsafe products; establishment of consumer affairs program; advertising practices 8/9/71 Capital requirements--foreign life insurance companies 8/9/71 Implementation of deductible program 8/10/71 Requirement of self-addressed stamped envelopes; individual company mailing to be discontinued 8/19/71 PA FAIR Plan--amendment to Plan of Operation 9/22/71 Information concerning agent's and brokers' examinations 9/22/71 Registration of insurers which are members of insurance holding company systems 10/10/71 Loss prevention activity and unsafe products--clarification 11/10/71 Insurance policy requirements under Act 78 of 1981 11/16/71 Notice required to cancel under PA FAIR Plan 11/16/71 Implementation of deductible program 12/30/71 Guaranty Associations, appointment of members 3/24/73 Publication of Citations and Notices of hearing pertaining to alleged violations of the insurance laws of Pennsylvania 4/14/73 Civil disorder loading 5/12/73 Educational prerequisites for agents license 6/2/73 Changes in financial requirements 6/9/73 Misrepresentation and replacement of life insurance policies in reference to Equity Funding Life Insurance Company 6/30/73 Form of Acceptance of Trust to be filed by directors or trustees of insurance companies 7/21/73 Clarification of notice on Form of Acceptance of Trust to be filed by directors or trustees of insurance companies 9/22/73 Late or improper filings of financial statements 10/27/73 Statement of Policy re foreign reinsurance companies owned or controlled by PA creditors, insurance agents or insurance brokers 12/29/73 Insurance carriers requested to avoid abetting illegal employment discrimination 1/1/74 Order exempting certain insurance forms from filing requirements--rescinded 1/5/74 Changes in exiting rates due to the energy conservation measures 1/11/74 Requirements for filing list of all forms and policies which discriminate by sex 1/12/74 Regular convention form to replace short form annual statement 1/18/74 Forms to be used in writing policies of title insurance 1/19/74 Discrimination on the basis of sex in insurance rates/ discrimination on the basis of normal pregnancy in insurance 2/15/74 Use of Medical Information Bureau by insurers 3/1/74 Endorsement of change in existing rates due to energy conservation measurers uncertainty 5/3/74 Use of Medical Information Bureau by life insurance companies 5/10/74 Preparation of more readable auto insurance policy, composition and printing 5/10/74 Refunds upon termination of credit life and accident and health insurance prior to scheduled maturity date 7/12/74 Clarification of requirements of 31 Pa. Code § 112.1 et seq. 7/26/74 Statement of Policy pertaining to required disclosures in the solicitation of life insurance 8/31/74 Use of the Medical Information Bureau by life insurance companies 9/6/74 Time period limitations on recovery of accidental death benefits 10/11/74 Filing requirement for Pennsylvania No-fault Motor Vehicle Insurance Act 11/1/74 Deadline extended on filing of forms which discriminate by sex 11/1/74 Nonprofit insurance plans to file list of forms and policies which discriminate by sex 1/17/75 Formation of Assigned Claims Plan 3/8/75 Time Period Limitation on recovery of accidental death benefits 4/4/75 Notice of cancellation or nonrenewal of medical malpractice insurance 4/19/75 No-fault filings; alternate class plan 6/20/75 Endorsements excluding named individuals from auto insurance coverage unenforceable 7/18/75 Average daily rate for semi-private hospital room and board 8/8/75 Formal action to be taken on failure to meet requirements of Section 6 of the Model Act for Regulation of Credit Life Insurance and Credit Accident and Health Insurance /FOOT;2;1> 8/15/75 Act 81 of 1975 requires certain coverages for newborn children 8/30/75 Deadline extended for approval of forms required under 31 Pa. Code Chs. 59 and 61 9/20/75 Presently approved private passenger auto insurance policy forms subject to readability requirements 10/11/75 Requirements eased to expedite handling of total loss motor vehicle physical damage claims due to 1975 Eloise storm 10/17/75 Non-duplication of benefits provided by no fault benefits in auto policies 10/18/75 Deadline set for approval of forms required under 31 Pa. Code Chs. 59 and 61 10/25/75 Licensing of sales force as a variable annuity agent 11/1/75 Call for information on obligations of NY held by PA insurers 1/24/76 Deadline for revision of forms to meet readability standards 5/15/76 Discontinuance of the filing of life and a&h rate books 7/17/76 Amnesty for points under former Vehicle Code 7/17/76 Actuarial examination for certification of actuaries (2 bulletins) 9/11/76 Organizations to furnish their own annual and other statement blanks 9/18/76 Credit insurance--''right to examine'' endorsement 10/23/76 Partial rescission of notice relating to annual and other statement blanks 11/19/76 Foreign fire insurance companies; premium taxes 11/27/76 Request for rate adjustment filed by Penn Health Plan, Inc. 11/27/76 Request for rate adjustment non subscribers under the merit-rating program filed by Blue Cross of Northeastern PA 11/27/76 Insurance agent's and brokers examinations 12/18/76 Investment annuities to be treated as a separate account 12/25/76 Guidance standards for review and approval of an institutional plan of risk management 1/8/77 Not-fault insurance; verification of self-certifications 1/28/77 No-fault ID cards, company code numbers 2/11/77 Universal Money Order Company 2/11/77 Notification of agency terminations /FOOT;3;1> 3/25/77 Semi-annual report of cancellations and refusals to write or renew policies of auto insurance 5/7/77 Creation of PA insurance industry advisory committee on product liability placement 6/11/77 Proficiency in variable annuities 6/11/77 Credit insurance--refunds of unearned premiums 7/2/77 Credit insurance--transaction affected by Act 284 of 1974 7/13/77 Guidelines for life, accident and health insurance; additional requirements for fraternal benefit societies 7/15/77 Computation of maximum amount payable for work loss under No-fault Motor Vehicle Insurance Act 7/15/77 Average daily rate for semi-private hospital room and board under No-fault Motor Vehicle Insurance Act 7/15/77 No-fault average annual gross income of a production worker in the private nonfarm economy 7/16/77 Medical loss coverage option for PIP 7/30/77 Total loss motor vehicle physical damage claims due to storm of July 19 and 20, 1977 7/30/77 Medical Professional Liability Catastrophe Loss Fund; address for sending claims 9/9/77 Interpretation of Motor Vehicle Physical Damage Appraiser Act and regulation 9/23/77 Amendment of charter at annual meeting of shareholders 10/8/77 Recommendation that reasons for cancellation or refusal to renewal be stated in initial notice to an insured 12/3/77 Professional liability insurers; final date for approval of revised policy or amendatory rider 2/25/78 Enforcement of penalty provision for late filing of financial statements 5/27/78 Installment payment plan or finance charges as part of premium 6/24/78 Rounding rates in ISO personal auto manual 7/7/78 No-fault average annual gross income of a production worker in the private nonfarm economy 7/22/78 Average daily rate for semi-private room and board under No-Fault Motor Vehicle Insurance Act 7/22/78 Computation of maximum amount payable for work loss under No-fault Motor Vehicle Insurance Act 9/2/78 A&H insurance contracts offering maternity coverage 12/9/78 Criteria for filing experience data for individual A&H policies 12/23/78 Criteria for filing experience data for individual A&H policies 1/13/79 Listing of resident PA agents countersigning policies 1/20/79 NAIC program for state implementation of President Carter's anti-inflation program 2/3/79 Experience data for certain individual accident and sickness policies 2/10/79 PA individual insurance agents and brokers license information pamphlet 3/3/79 NAIC program for state implementation of President Carter's anti-inflation program 3/24/79 Per diem charges for Insurance Department examiners 7/14/79 Requirements for licensing insurance agents 8/11/79 No-fault average annual gross income of a production worker in the private nonfarm economy 8/11/79 Average daily rate for semi-private room and board under No-fault Motor Vehicle Insurance Act 10/5/79 No-fault insurers; discounts 12/22/79 Computation of maximum amount payable for work loss under No-fault Motor Vehicle Insurance Act 12/29/79 Fraternal benefit societies; extension of order 2/23/80 PA Auto Insurance Plan; rules change 3/21/80 Availability of Federal Floor Insurance 4/12/80 Withdrawal of exemption for insurance agent's and broker's examination 4/19/80 NAIC program for state implementation of President Carter's anti-inflation program 5/17/80 Credit for 1/2 of fee for agent's license canceled during first year 6/18/80 Motor vehicle physical damage appraisers, used parts location information and total loss replacement value 7/26/80 Qualification of domiciled PA insurers to write WC in NJ 10/10/80 Average daily rate for semi-private room and board under No-fault Motor Vehicle Insurance Act 10/10/80 No-fault average annual gross income of a production worker in the private nonfarm economy 10/25/80 Computation of maximum amount payable for work loss under No-fault Motor Vehicle Insurance Act 1/1/81 Sex discrimination in auto insurance rates 4/4/81 Single premium credit life insurance rules 4/25/81 Withdrawal of reporting requirements under COWPS 5/1/81 Per diem charges for Insurance Department examinations 5/9/81 Examination fees and registration 7/25/81 Insurance Department fee revisions 10/3/81 Reorganization of the Insurance Department 11/14/81 No-fault average annual gross income of a production worker in the private nonfarm economy 11/21/81 Computation of maximum amount payable for work loss under No-fault Motor Vehicle Insurance Act 12/5/81 Average daily rate for semi-private room and board under No-fault Motor Vehicle Insurance Act 3/5/82 Securities held under custodial agreements 5/15/82 NAIC model products and completed operations liability questionnaire 5/22/82 Unfair Insurance Practices 7/82 Agents and brokers licensing information 7/23/82 List of names of qualified unlicensed reinsurers 9/18/82 Computation of maximum mount payable for work loss under No-fault Motor Vehicle Insurance Act 9/18/82 No-fault average annual gross income of a production worker in the private non-farm economy 9/25/82 Average daily rate for semi-private room and board under No-fault Motor Vehicle Insurance Act 10/1/82 PA Professional Liability JUA; notice of filing 3/25/83 Auto Insurance Plans Service Office; self-contained rule and rate manual 3/25/83 Individual Medicare Supplement claim experience 9/9/83 List of names of qualified unlicensed reinsurers 9/10/83 PA Professional Liability JUA; notice of filing 9/23/83 Anti-arson application law 10/15/83 Medical Professional Liability Catastrophe Loss Fund, increased limits factor 10/15/83 No-fault average annual gross income of a production worker in the private non-farm economy 10/21/83 Computation of maximum amount payable for work loss under No-fault Motor Vehicle insurance Act /FOOT;4;1> 11/12/83 Average daily rate for semi-private room and board under No-fault Motor Vehicle Insurance Act 1/19/85 No-fault average annual gross income of a production worker in the private nonfarm economy 1/26/85 Per diem charges for Insurance Department examinations 4/5/85 Average daily rate for semi-private room and board under No-fault Motor Vehicle Insurance Act 12/13/85 Workmen's Compensation Security Fund 3/14/86 Per diem charges for Insurance Department examinations 2/7/87 Worker's Compensation Security Fund, 1986 assessments 3/7/87 Per diem charges for Insurance Department examinations 7/10/97 Insurance Payment to registered nurses 1/9/88 Worker's Compensation Security Fund, 1987 assessments 8/27/88 Implementation of Act 97 of 1988 9/3/88 Genderless automobile insurance rates 12/24/88 Catastrophic Loss Trust Fund (Auto CAT Fund) 1/21/89 Worker's Compensation Security Fund, 1988 assessments 2/11/89 Signatures on financial statements 2/11/89 Per diem charges for Insurance Department examinations 7/21/89 List of names of approved unlicensed reinsurers 9/9/89 Licensed insurance company annual statement diskette filing requirements 10/28/89 Worker's Compensation Security Fund, 1989 assessments 12/23/89 ISO, private passenger auto rate revision 12/23/89 List of names of approved unlicensed reinsurers 4/28/90 List of Approved Peer Review Organizations 5/12/90 List of Approved Peer Review Organizations 5/19/90 List of Approved Peer Review Organizations 5/26/90 List of Approved Peer Review Organizations 6/9/90 List of Approved Peer Review Organizations 6/23/90 List of Approved Peer Review Organizations 6/30/90 List of Approved Peer Review Organizations 7/14/90 List of Approved Peer Review Organizations (2 bulletins) 7/21/90 List of Approved Peer Review Organizations 8/4/90 List of Approved Peer Review Organizations /FOOT;5;1> 8/18/90 List of Approved Peer Review Organizations 8/18/90 Fraud Index Bureau 8/25/90 Collision damage to rental vehicles 9/15/90 List of Approved Peer Review Organizations (2 bulletins) 9/29/90 List of Approved Peer Review Organizations 10/6/90 List of Approved Peer Review Organizations 10/12/90 Worker's Compensation Security Fund, 1990 assessments 10/13/90 List of Approved Peer Review Organizations 11/3/90 List of Approved Peer Review Organizations 11/24/90 List of Approved Peer Review Organizations 12/8/90 List of Approved Peer Review Organizations 12/15/90 List of Approved Peer Review Organizations 12/15/90 List of approved unlicensed reinsurers 1/3/91 Credit insurance--compensation limits compliance 2/2/91 List of Approved Peer Review Organizations 3/9/91 List of Approved Peer Review Organizations 11/23/91 List of approved unlicensed reinsurers 11/30/91 Auto Insurance Plans Service Office, proposed rate revision 92-1 2/27/92 Auto policies; notice of cancellation issued within the first 60 days 92-3 3/23/92 Suspected fraud indicators 92-2A 5/1/92 Joint State/Federal statement on regulation of MEWAs 92-5 6/22/92 Amendments to regulations regarding HMOs 92-6 6/22/92 New procedures for deposit and withdrawal of securities held by the Commonwealth in trust and on behalf of policyholders 92-9 7/1/92 Truncated credit life and credit A&H insurance 92-4 7/2/92 Childhood Immunization Insurance Act 92-11 7/24/92 HB 1955 of 1990, notice of coverage of collision coverage for rental vehicles 92-12 8/25/92 Remittance of interest payments on book entry securities 92-16 9/11/92 Implementation of Act 98 of 1992 92-13A 9/17/92 Nonforfeiture and valuation-- statutory interest rates 92-17 9/17/92 Deregulation of certain A&H forms under 40 P.S. § 477b 92-19 10/23/92 Qualified actuary 92-20 10/23/92 Request for exemption from filing the statement of actuarial opinion 11/7/92 Workmen's Compensation Security Fund, 1992 assessment 12/1/92 Annual financial statement filing requirements 12/7/92 Private passenger automobile rules 1/2/93 List of approved unlicensed reinsurers 93-1 1/27/93 Private passenger automobile, proper use of rating tiers 2/27/93 Requirements for agent license for accident and health insurance products 3/13/93 PA Compensation Rating Bureau proposed revisions 93-2 93-3 3/17/93 PA Risk Retention Act 93-4 3/17/93 Increase in surety bond requirements 93-9 4/7/93 New surplus lines law 93-8 4/12/93 Insurer solvency legislation 93-5 4/13/93 Licensing of reinsurance intermediaries 93-6 4/13/93 Managing General Agents 93-10 4/23/93 Insurance fraud reporting to the federal government 93-12 7/1/93 Limit on amount of risk assumed per policy 7/3/93 Per diem charges for examinations 7/17/93 Deadline for submission of year-end transaction filings 93-7 8/9/93 Notice of changes in Medicare and your Medicare Supplement coverage 93-13 9/2/93 Required contract provisions-- broker controlled P&C insurers 93-14 10/5/93 Truncated credit insurance in connection with first real estate mortgage indebtedness 93-17 10/27/93 Qualified actuary 93-18 10/27/93 Request for exemption from filing the statement of actuarial opinion 93-20 11/24/93 Valuation of health and accident reserves--valuation data standards 93-21 12/1/93 Annual financial statement filing requirements 93-15 12/20/93 Notice of the requirements of Act of December 6, 1972, P.L. 1339, concerning adopted children 93-16 12/20/93 Act 1992-114 93-17 12/25/93 Children's Health Insurance Program; prenotification of grantee solicitation 12/25/93 Uniform health insurance claim form, additional information request 1/22/94 Suspension or nonrenewal of agent and broker licenses in response to court orders issued for failure to pay child support 2/12/94 Uniform Health Insurance Claim form, request to redefine or modify fields on the HCFA-1500 form for billing Medical Assistance 94-2 2/24/94 Valuation of health and accident reserves--valuation data standards 94-3 94-4 3/14/94 Recently enacted legislation (2 bulletins) 3/19/94 PA Compensation Rating Bureau, WC proposed revisions 94-5 4/29/94 Filing of credit life and credit A&H insurance experience reports 94-6 5/16/94 Act 20 of 1994; new mandated benefits 94-10 7/1/94 Continuing care retirement communities offering a group long-term care policy 94-7 94-8 7/7/94 Heath and accident contract and unearned premium reserve standards 94-16 10/25/94 Qualified actuary 94-17 10/25/94 Request for exemption from filing the statement of actuarial opinion 94-19 11/15/94 Broker controlled P&C insurers 95-2 2/2/95 Implementation of Act 98 of 1992 95-3 5/5/95 Workers' Compensation large deductible programs allocated loss adjustment expense 95-4 5/15/95 Annual report on ceded reinsurance 95-5 5/19/95 Insurance fraud warning notices 95-6 6/15/95 Certificate of salvage 95-8 8/23/95 Approval of CCC Information Services as a replacement value data provider 95-10 8/23/95 Notice of increase in premium 95-11 9/27/95 Agent compensation by premium finance companies 95-12 10/4/95 Approval of replacement value data providers 95-13 10/17/95 Qualified actuary 95-14 10/17/95 Request for exemption from filing the statement of actuarial opinion 95-16 12/29/95 Broker controlled property and casualty insurers bulletin.
[Pa.B. Doc. No. 96-1189. Filed for public inspection July 19, 1996, 9:00 a.m.] _______
1The Bulletin numbers listed after 1991 indicated the number system assigned by the Insurance Department.
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