Department of Insurance

A. "Financial institution" shall mean a bank, savings bank, savings and loan association, trust company, credit union or any depository institution as defined by the Federal Deposit Insurance Act, and any other individual, corporation, partnership or association engaged in the ta…

All financial institutions that are authorized to engage in the solicitation and sale of insurance products are subject to the insurance laws of the State of Mississippi and all other regulations of the Mississippi Department of Insurance and other applicable provisions of law. N…

Solicitation for the purchase or sale of any insurance products shall be conducted only by persons or entities who have complied with all applicable state insurance licensing, appointment laws and regulations and who have been issued an agent or broker's license pursuant to Miss.…

It is strongly recommended that insurance sales activities be conducted through separate divisions or subsidiaries. However, whether the financial institution obtains an agency license or operates through a subsidiary, division or affiliated agency, separate records must be maint…

No person shall delay or impede the completion of a loan transaction or other transactions involving the extension of credit for the purpose of influencing a customer to purchase insurance from them or through any affiliated entity. Notes 19 Miss. Code. R. 1-23.07 Miss. Code Ann.…

A. No person may offer banking products or services, or fix or vary the consideration of the offer, on a condition or requirement that the customer obtain insurance from the financial institution or any affiliate of the financial institution. B. A financial institution that offer…

A. No person may offer a rebate on an insurance product in violation of Miss. Code Ann. § 83-3-121 (Rev. 1991). B. No person may offer a discount on a loan or extension of credit for the purpose of inducing the customer to purchase insurance required in connection with the loan o…

No financial institution may: A. Require as a condition of providing any product or service or renewal of any contract for providing a product or service to any customer, that the customer acquire, finance, or negotiate any policy or contract of insurance through a particular ins…

A. A financial institution shall prominently disclose in writing, in clear and concise language, to customers, including in any advertisement or promotional material, and orally during any customer contact, that the insurance product offered, recommended, sponsored, or sold: 1. I…

No person may employ any advertisement that would mislead or otherwise cause a reasonable person to believe mistakenly that the State of Mississippi or the federal government is responsible for the insurance sales activities of the financial institution or stands behind the finan…

No person shall pay directly or indirectly, any commission, service fee, brokerage or other valuable consideration to any person for services as an insurance agent, unless the person performing the service holds a valid license for the class of insurance as to which the service i…

A. A financial institution may not release a customer's insurance information to any person other than an officer, director, employee, agent, or affiliate of the financial institution without the written consent of the customer. For the purposes of this Section, "insurance inform…

If any provision of any section of this regulation or the application thereof to any circumstance or person or entity is held invalid, such invalidity shall not affect any other provision of that section or application of the regulation which can be given effect without the inval…

This regulation shall become effective March 31, 1999. Notes 19 Miss. Code. R. 1-23.16 Miss. Code Ann. § 25-43-3.106 (Rev. 2010)

This Regulation is promulgated by the Commissioner of Insurance pursuant to the authority granted to him by Miss. Code Ann. §§ 83-5-1 and 83-23-235 in order to implement the provisions of the Mississippi Life and Health Insurance Guaranty Association Act, as Amended , and is prom…

The purpose of this Regulation is to implement Miss. Code Ann. § 83-23-235 by prescribing the form and content of the summary document describing the general purposes and current limitations of the Mississippi Life and Health Insurance Guaranty Association Act. Notes 19 Miss. Cod…

No insurer may issue or deliver a life, health or annuity policy or contract to a policy or contract owner and no health maintenance organization (HMO) may issue or deliver a health maintenance organization subscriber contract or certificate in the State of Mississippi unless a s…

If any provision of any section of this Regulation or the application thereof is held by a court to be invalid, such invalidity shall not affect any other provision of that section or application of this Regulation which can be given effect without the invalid provision or applic…

This Regulation shall become effective on and after January 1, 2021. Insurers and HMOs must begin using the summary document attached as Appendix "A" not later than sixty (60) days after the effective date. In the interim, insurers may continue to use the summary document provide…

APPENDIX "A" NOTICE OF PROTECTION PROVIDED BY MISSISSIPPI LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION This notice provides a brief summary of the Mississippi Life and Health Insurance Guaranty Association (the "Association") and the protection it provides for policyholders. Th…

This Regulation is promulgated by the Commissioner of Insurance pursuant to the authority granted to him by Miss. Code Ann. § 83-3-121 (Supp. 2000), as well as the provisions in the Mississippi Department of Insurance Regulation No. 88-101, said regulation being the Rules of Prac…

The purpose of this Regulation is to ensure reasonable standards for insurance agents who are in good faith advancing an insurance premium for the insured under Miss. Code Ann. § 83-3-121 (Supp. 2000). Notes 19 Miss. Code. R. 1-25.02 Miss. Code Ann. § 83-3-121 (Rev. 2011)

No insurance agent may issue or deliver any insurance policy in which they advanced the premium for the insured unless such advancement was made with an interest rate equal or lower than one and one-half percent (1.5%) per month. Notes 19 Miss. Code. R. 1-25.03 Miss. Code Ann. § …

No insurance agent may issue or deliver any insurance policy in which they advanced the premium for the insured unless, within the original terms of credit, such advancement is to be repaid within 90 days. However, if insured is delinquent in payment, the agent may continue to ch…

In the event of an investigation concerning this regulation, the agent will be responsible for supplying documentation of compliance. This documentation includes, but is not limited to, the original terms of credit and any effort to collect delinquent payments. Any noncompliance …

If any provision of any section of this Regulation or the application thereof is held by a court to be invalid, such invalidity shall not affect any other provision of that section or application of the Regulation which can be given effect without the invalid provision or applica…

This Regulation shall become effective November 13, 2000. Notes 19 Miss. Code. R. 1-25.07 Miss. Code Ann. § 25-43-3.133 (Rev. 2010)

This Regulation is promulgated pursuant to the authority vested in the Commissioner of Insurance under Miss. Code Ann. §§ 83-1-43 and 83-5-1 (Rev. 1999), and is promulgated in accordance with Mississippi Insurance Department Regulation No. 88-101, said Regulation being the Rules …

It is the purpose of this Regulation to require full compliance with certain provisions contained in the Health Insurance Portability and Accountability Act of 1996, as Amended (hereinafter "HIPAA"), by health insurance issuers which offer group or individual health insurance cov…

A. For purposes of this Regulation, the term "health insurance issuer" means any insurance company, hospital or medical service plan or any entity defined in Miss. Code Ann. § 83-41-303(n)(Rev. 1999), which offers group or individual health insurance coverage in the State of Miss…

A. Guaranteed Renewability of Individual Health Insurance Coverage At 42 U.S.C. § 300gg-42, and at 45 C.F.R. § 148.122, HIPAA requires health insurance issuers that provide individual health insurance coverage in the individual market to renew and or continue in force such covera…

A. Guaranteed Availability of Coverage in the Small Group Market At 42 U.S.C. § 300gg-11(a), (c), (d), (e) and (f), HIPAA requires health insurance issuers that offer coverage in the small group market to accept every small employer that applies for coverage, including every elig…

A. Prohibition Against Discrimination Within Large Groups At 42 U.S.C. § 300gg-1, and at 45 C.F.R. § 146.121, HIPAA bars health insurance issuers that offer coverage in the large group market from establishing rules for eligibility that are based on health status-related factors,…

To the extent the provisions of this Regulation conflict with other provisions of State law, the provisions of this Regulation shall be controlling pursuant to the authority granted under Miss. Code Ann. § 83-1-43 (Rev. 1999), and the Health Insurance Portability and Accountabili…

If any provision of this Regulation, or the application of the provision to any person or circumstance, shall be held invalid, the remainder of the Regulation, and the application of the provision to persons or circumstances other than those to which it is held invalid, shall not…

This Regulation shall become effective thirty (30) days after filing with the Office of the Secretary of State of the State of Mississippi. Notes 19 Miss. Code. R. 1-26.09 Miss. Code Ann. § 25-43-3.113 (Rev. 2010)

This Regulation is promulgated by the Commissioner of Insurance pursuant to the authority granted to him by Miss. Code Ann. § 83-5-1 (Rev. 1999), and Title V of the Gramm-Leach-Bliley Act, 15 U.S.C §§ 6801 - 6827 (hereinafter "GLBA"), and is promulgated in accordance with the law…

The purpose of this Regulation is to establish the date by which Licensees regulated by the Mississippi Department of Insurance must comply with the provisions of Title V of GLBA, which becomes effective November 13, 2000. GLBA, interalia, requires Licensees to establish privacy …

For purposes of this Regulation, Licensee shall mean all licensed insurers, producers and other persons licensed or required to be licensed, or authorized or required to be authorized, or registered or required to be registered pursuant to the insurance laws of the State of Missi…

In order to provide sufficient time for Licensees to establish policies and systems to comply with the requirements of Title V of GLBA, which has an effective date of November 13, 2000, the Commissioner of Insurance hereby extends the time for compliance until July 1, 2001. Licen…

This Emergency Regulation shall be effective immediately upon filing with the Office of the Secretary of State of the State of Mississippi. Notes 19 Miss. Code. R. 1-27.05 Miss. Code Ann. § 25-43-3.113 (Rev. 2010)

This regulation is promulgated pursuant to the authority granted by Senate Bill 2207 which was passed by the Mississippi Legislature in the 2001 Regular Session and 19 Miss. Admin. Code, Part 1, Chapter 15, said Regulation being the Rules of Practice and Procedure before the Miss…

A. Purpose. This regulation governs the treatment of nonpublic personal health information and nonpublic personal financial information about individuals by all licensees of the state insurance department. This regulation: 1. Requires a licensee to provide notice to individuals a…

The examples in this regulation and the sample clauses in Appendix A of this regulation are not exclusive. Compliance with an example or use of a sample clause, to the extent applicable, constitutes compliance with this regulation. Notes 19 Miss. Code. R. 1-28.03 Miss. Code Ann. …

As used in this regulation, unless the context requires otherwise: A. "Affiliate" means a company that controls, is controlled by or is under common control with another company. B. "Clear and conspicuous" means that a notice is reasonably understandable and designed to call atte…

A. Initial notice requirement. A licensee shall provide a clear and conspicuous notice that accurately reflects its privacy policies and practices to: 1. Customer. An individual who becomes the licensee's customer, not later than when the licensee establishes a customer relations…

A. General rule. 1. A licensee shall provide a clear and conspicuous notice to customers that accurately reflect its privacy policies and practices not less than annually during the continuation of the customer relationship. Annually means at least once in any period of twelve (1…