§ 38-71-530 — Regulations establishing specific standards that set forth manner, content, and required disclosure for sale of individual policies.

(a) The department shall promulgate regulations to establish specific standards, including standards of full and fair disclosure, that set forth the manner, content, and required disclosure for the sale of individual policies of accident and health insurance or subscriber contracts of nonprofit hospital, medical, and dental service associations which must be in addition to and in accordance with applicable laws of this State and which may cover, but are not limited to, the following: (1) terms of renewability; (2) initial and subsequent conditions of eligibility; (3) nonduplication of coverage provisions; (4) coverage of dependents; (5) preexisting conditions; (6) termination of insurance; (7) probationary periods; (8) limitations; (9) exceptions; (10) reductions; (11) elimination periods; (12) requirements for replacement; (13) recurrent conditions. (14) The definition of terms including, but not limited to, the following: (i) hospital; (ii) accident; (iii) sickness; (iv) injury; (v) physician; (vi) accidental means; (vii) total disability; (viii) partial disability; (ix) nervous disorder; (x) guaranteed renewable; (xi) noncancelable. (b) The department may promulgate regulations that specify prohibited policy provisions not otherwise specifically authorized by law which in the opinion of the director or his designee are unjust, unfair, or unfairly discriminatory to the policyholder, any person insured under the policy, or beneficiary.

Legislative History

HISTORY: Former 1976 Code SECTION 38-35-1230 [1975 (58) 588] recodified, 1987 Act No. 155, SECTION 1; 1993 Act No. 181, SECTION 763.