§ 44-710 — Sickness and accident insurance policy; form; approval; exception; premium rates and classification of risks; filing requirements

Nebraska § 44-710

• Jurisdiction: Nebraska
• Ch. 44: Insurance

Text

(1) Except
as otherwise provided by the Director of Insurance and subsection (2) of this section, no policy
of sickness and accident insurance shall be delivered or issued for delivery
in this state, nor shall any endorsement, rider, or application which becomes
a part of any such policy be used, until a copy of the form and of the premium
rates and of the classification of risks pertaining thereto has been filed
with the Director of Insurance. No policy, endorsement, rider, or application
shall be used until the expiration of thirty days after the form has been
received by the director unless the director gives his or her written approval
thereto prior to the expiration of the thirty-day period. The thirty-day period
may be extended by the director for an additional period not to exceed thirty
days. Notice of such extension shall be sent to the insurer involved.
The director shall notify in writing the insurer which has filed any such
form if it contains benefits that are unreasonable in relation to the premium
charged or any provision which is unjust, unfair, inequitable, misleading,
or contrary to the law of this state, specifying the reasons for his or her
opinion, and it shall thereafter be unlawful for such insurer to use such
form in this state. In such notice, the director shall state that a hearing
will be granted within thirty days upon written request of the insurer. In
all other cases the director shall give his or her approval. The decision
of the director may be appealed, and the appeal shall be in accordance with
the Administrative Procedure Act.
(2) No sickness and accident
insurance policy subject to the federal Patient Protection and Affordable
Care Act, Public Law 111-148, shall be delivered or issued for delivery in
this state, including any policy or certificate of sickness and accident insurance
issued to or for associations not domiciled in this state other than a certificate
issued to an employee under an employee benefit plan of an employer headquartered
in another state where the policy is lawfully issued in that state, nor shall
any endorsement, rider, certificate, or application which becomes a part of
any such policy be used until a copy of the form and of the premium rates
and of the classification of risks pertaining thereto has been filed with
and approved by the Director of Insurance. No policy, endorsement, rider,
or application shall be used until the expiration of thirty days after the
form has been received by the director unless the director gives his or her
written approval thereto prior to the expiration of the thirty-day period.
The thirty-day period may be extended by the director for an additional period
not to exceed thirty days. Notice of such extension shall be sent to the insurer
involved. The director shall notify in writing the insurer which has filed
any such form if it contains benefits that are unreasonable in relation to
the premium charged or any provision which is unjust, unfair, inequitable,
misleading, or contrary to the law of this state, specifying the reasons for
his or her opinion, and it shall thereafter be unlawful for such insurer to
use such form in this state. In such notice, the director shall state that
a hearing will be granted within thirty days upon written request of the insurer.
In all other cases the director shall give his or her approval. The decision
of the director may be appealed, and the appeal shall be in accordance with
the Administrative Procedure Act.

Legislative History

Source: Laws 1947, c. 164, § 2(1), p. 452; Laws 1951, c. 143, § 1, p. 581; Laws 1959, c. 209, § 1, p. 728; Laws 1969, c. 359, § 21, p. 1276; Laws 1989, LB 6, § 5; Laws 1989, LB 92, § 130; Laws 2013, LB336, § 1. Cross References: Administrative Procedure Act, see section 84-920.