Department of Insurance

A. How to provide notices. A licensee shall provide any notices that this regulation requires so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically. B. Examples of reasonable expectation of actual notice. 1…

A. Conditions for disclosure. 1. Except as otherwise authorized in this regulation, a licensee may not, directly or through any affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless: a. The licensee has provided to…

A. Information the licensee receives under an exception. 1. If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution under an exception in Sections 15 or 16 of this regulation, the licensee's disclosure and use of that information…

A. General prohibition on disclosure of account numbers. A licensee shall not, directly or through an affiliate, disclose, other than to a consumer reporting agency, a policy number or similar form of access number or access code for a consumer's policy or transaction account to …

A. General rule. 1. The opt out requirements in Sections 8 and 11 do not apply when a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee's behalf, if the licensee: a. Provides…

A. Exceptions for processing transactions at consumer's request. The requirements for initial notice in Section 5A(2), the opt out in Sections 8 and 11, and service providers and joint marketing in Section 14 do not apply if the licensee discloses nonpublic personal financial inf…

A. Exceptions to opt out requirements. The requirements for initial notice to consumers in Section 5A(2), the opt out in Sections 8 and 11, and service providers and joint marketing in Section 14 do not apply when a licensee discloses nonpublic personal financial information: 1. …

A. A licensee shall not disclose nonpublic personal health information about a consumer or customer unless an authorization is obtained from the consumer or customer whose nonpublic personal health information is sought to be disclosed. B. Nothing in this section shall prohibit, …

A. A valid authorization to disclose nonpublic personal health information pursuant to this Article V shall be in written or electronic form and shall contain all of the following: 1. The identity of the consumer or customer who is the subject of the nonpublic personal health inf…

A request for authorization and an authorization form may be delivered to a consumer or a customer as part of an opt-out notice pursuant to Section 10, provided that the request and the authorization form are clear and conspicuous. An authorization form is not required to be deli…

Irrespective of whether a licensee is subject to the federal Health Insurance Portability and Accountability Act privacy rule as promulgated by the U.S. Department of Health and Human Services, 45 CFR 160, 164 (the "federal rule"), if a licensee complies with all requirements of …

Nothing in this article shall preempt or supersede existing state law related to medical records, health or insurance information privacy. Notes 19 Miss. Code. R. 1-28.21 Miss. Code Ann. § 83-1-45 (Rev. 2011) Amended 7/27/2018

Nothing in this regulation shall be construed to modify, limit or supersede the operation of the federal Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq.), and no inference shall be drawn on the basis of the provisions of this regulation regarding whether information is transac…

A. A licensee shall not unfairly discriminate against any consumer or customer because that consumer or customer has opted out from the disclosure of his or her nonpublic personal financial information pursuant to the provisions of this regulation. B. A license shall not unfairly…

Any violation of the provisions of this regulation by a licensee shall be subject to the provisions of Miss. Code Ann. §§ 83-5-29 to 83-5-51, and to other applicable provisions of the insurance laws of the State of Mississippi. Notes 19 Miss. Code. R. 1-28.24 Miss. Code Ann. § 83…

If any section or portion of a section of this regulation or its applicability to any person or circumstance is held invalid by a court, the remainder of the regulation or the applicability of the provision to other persons or circumstances shall not be affected. Notes 19 Miss. C…

A. Effective date. This regulation is effective August 1, 2001. B. Notice requirement for consumers: 1. Who are the licensee's customers on the compliance date. By August 1, 2001, a licensee shall provide an initial notice, as required by Section 5, to consumers who are the licen…

Licensees, including a group of financial holding company affiliates that use a common privacy notice, may use the following sample clauses, if the clause is accurate for each institution that uses the notice. (Note that disclosure of certain information, such as assets, income a…

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 la…

The purpose of this Regulation is to extend the date by which Licensees regulated by the Mississippi Department of Insurance must comply with the provisions of Title Vof GLBA, which became effective November 13, 2000. GLBA, inter alia, requires Licensees to establish privacy poli…

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 had an effective date of November 13, 2000, the Commissioner of Insurance hereby extends the time for compliance from July 1, 2001, until …

This Emergency Regulation No. 2001-2 shall repeal and supersede Mississippi Department of Insurance Emergency Regulation No. 2000-7, and Final Regulation No. 2000-6, only to the extent that said Regulations require Licensees to comply with Title V of GLBA by July 1, 2001. Notes 1…

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. 1-29.06 Miss. Code Ann. § 25-43-3.113 (Rev. 2010)

Within the past few months certain agents have published insurance advertising that has been confusing to the general public. I, therefore, feel that it is incumbent upon me as Insurance Commissioner to advise all Mississippi Agents that any further misleading or confusing advert…

This Regulation is promulgated by the Commissioner of Insurance pursuant to the authority granted to him by Miss. Code Ann. §§ 83-17-1, 83-17-41, and 83-17-87 (Supp. 2001), as well as the provisions of Mississippi Department of Insurance Regulation No. 88-101, said regulation bei…

The purpose of this Regulation is to allow vehicle rental companies and their employees to obtain limited licenses to permit the selling, soliciting, or negotiating of specific categories of insurance in connection with the rental of vehicles in accordance with Miss. Code Ann. § …

For the purposes of this Regulation, the following terms shall have the following meanings: A. "Commissioner" means the Commissioner of Insurance of the State of Mississippi. B. "Limited licensee" means a person or business entity authorized to sell, solicit, or negotiate certain…

A. The Commissioner may issue to a rental company that has complied with the requirements of this section a limited license authorizing the limited licensee to sell, solicit, or negotiate insurance in connection with the rental of vehicles. Each limited licensee rental company sh…

A. The rental company licensed pursuant to subsection (1) of Section 4 of this Regulation may sell, solicit, or negotiate insurance only in connection with an incidental to the rental of vehicles, whether at the rental office, over the internet or by pre-selection of coverage in …

Facsimile signatures may be used in accordance with Miss. Code Ann. § 83-17-21. Notes 19 Miss. Code. R. 1-30.06 Miss. Code Ann. § 83-17-21 (Rev. 2011)

No limited licensee under this Regulation shall advertise, represent, or otherwise hold itself or any of its employees out as licensed insurers, insurance agents, or insurance brokers. Notes 19 Miss. Code. R. 1-30.07 Miss. Code Ann. § 83-17-87 (Rev. 2011)

Premium payments should be made payable either to the Insurance Company issuing the policy or the motor vehicle rental company which has obtained this limited license. If the payment is made payable to the licensed motor vehicle rental company, then it will be the rental company'…

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…

The Effective Date of this Regulation shall be thirty (30) days from and after its adoption and filing with the Secretary of State's Office of the State of Mississippi. Notes 19 Miss. Code. R. 1-30.10 Miss. Code Ann. § 25-43-3.113 (Rev. 2011)

The purpose of this Regulation is to set forth restrictions and procedural requirements for personal lines insurers licensed in Mississippi regarding the use of an applicant's credit history and/or insurance scores for calculating rates and determining eligibility for coverage or…

This Regulation is promulgated by the Commissioner of Insurance pursuant to the authority granted to him by Miss. Code Ann. §§ 83-5-1 and 83-5-29 through 83-5-51 (Rev. 1999), as well as the provisions of Mississippi Department of Insurance Regulation No. 88-101, said regulation b…

This Regulation shall apply to personal insurance written by all personal lines insurers licensed in the State of Mississippi. Personal insurance is defined herein and must be for personal, family or household use. Notes 19 Miss. Code. R. 1-31.03 Miss. Code Ann. § 83-5-29 (Rev. 2…

The following definitions shall apply for purposes of this Regulation: A. Adverse Action - A denial, non-renewal, or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of any insurance, existing…

A. Insurers must maintain and make available upon request by the Department specific written procedures detailing their practices regarding credit history and insurance scores, including the following information:1. When credit history will be ordered and when insurance scores wi…

A. Insurers shall not deny, cancel or non-renew personal insurance coverage, calculate an insurance score, determine personal insurance premiums or rates, or place an applicant in a tier based on the following types of credit history: 1. The type of credit card, charge card or de…

A. If an insurer writing personal insurance uses credit history or an insurance score in underwriting or rating an applicant, the insurer shall disclose, either on the insurance application or at the time the insurance application is taken, that it may obtain credit history and/o…

An insurer shall indemnify, defend, and hold agents harmless from and against all liability, fees and costs arising out of or relating to the actions, errors or omissions of an agent who obtains or uses credit history and/or insurance scores for an insurer, provided the agent fol…

A. No consumer reporting agency shall provide or sell data or lists that include any information that in whole or in part was submitted in conjunction with an insurance inquiry about an insured's credit history or a request for an insurance score. Such information includes, but i…

Failure to comply with a material provision of this regulation is considered a violation of Miss. Code Ann. § 83-5-17 (Rev. 1999) and Miss. Code Ann. §§ 83-5-29 through 83-5-51 (Rev. 1999). Violation of said statutes may subject the insurer to the suspension or revocation of the …

Nothing in this Regulation shall be construed to modify, limit, or supersede the operation of the Fair Credit Reporting Act, 15 U.S.C. §1681, et seq. Notes 19 Miss. Code. R. 1-31.11 Miss. Code Ann. § 83-5-29 (Rev. 2011)

If any section or portion of a 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 …