Mississippi Administrative Code

A. A request for a record of the Mississippi Insurance Department may be made orally or in writing and shall be directed to said agency either by mail at the usual mailing address, P.O. Box 79, Jackson, MS 39205 or in person at the offices of the Mississippi Insurance Department …

A. Pursuant to the time frames established by Miss. Code Ann. § 25-43-1.106, the Mississippi Insurance Department shall determine whether to comply with or to deny the request and shall dispatch such determination to the requestor. B. If no determination has been dispatched at th…

A. A requested record shall not be withheld from inspection or copying unless it comes within one of the classes of records exempted by the Public Records Act of 1983, Miss. Code Ann. 25-61-1 et seq. B. The classes of records authorized to be exempted from disclosure are those wh…

A. When a requested record has been identified and is available, the Mississippi Insurance Department shall notify the requestor as to where and when the record is available for inspection or copies will be available if applicable. The notification shall also advise a requestor o…

A. Charges for services rendered in response to information requests shall be as follows: 1. Searching for records, per quarter hour, or any part thereof, by clerical personnel........ $1.50 2. Non-routine searching, per quarter hour, or any part thereof, by supervisory personnel…

A. When a request for records has been denied in whole or in part by the Mississippi Insurance Department, the requestor may appeal the denial to the Commissioner of Insurance or may seek immediate judicial review of the denial in the Chancery Court. B. An appeal to the Commissio…

A. The Mississippi Insurance Department shall make and maintain records pertaining to each request for information, including copies of correspondence. The material shall be filed by individual request. B. The Mississippi Insurance Department shall maintain a file, open to the pu…

The Effective Date of this Regulation is thirty (30) days from and after its adoption and filing with the Secretary of State's Office. Notes 19 Miss. Code. R. 1-13.11 Miss. Code Ann. § 25-43-3.113 (Rev. 2010)

This Regulation is promulgated by the Commissioner of Insurance of the State of Mississippi to implement Section 83-5-5, 83-5-29, 83-5-31, 83-5-33, 83-5-35(g), and 83- 5-45 of the Mississippi Code of 1972, Annotated and Amended, and is promulgated with an effective date of thirty…

A. For the purpose of this regulation, "contract" shall mean "insurance policy" or "insurance contract" as defined in Section 83-5-5 and as specifically provided for in Chapter 7 and 9 of Title 83 of the Mississippi Code of 1972. B. "Person" shall mean "person" as defined in Sect…

This regulation shall apply to all contracts delivered or issued for delivery in this state by a person on or after the effective date of this regulation and to all existing group contracts which are amended or renewed on or after the effective date of this regulation. Nothing co…

For the purposes of Section 83-5-35(g)(1)(2) of the Code, individuals shall not be considered to be of the same class solely because such individuals are blind or partially blind. Notes 19 Miss. Code. R. 1-14.04 Miss. Code Ann. § 83-5-35 (Rev. 2011)

The following are hereby indentified as acts or practices which constitute unfair discrimination between individuals of the same class: Refusing to insure, or refusing to continue to insure, or limited the amount, extent or kind coverage available to an individual, or charging an…

This Regulation is promulgated by the Commissioner of Insurance pursuant to the requirements of Miss. Code Ann. §25-43-5 an in accordance with the Mississippi Administrative Procedures Law. Some provisions of this Regulation are promulgated pursuant to the requirements of Miss. C…

Miss. Code Ann. §25-43-5, the "Administrative Procedures Law", requires each agency of state government to adopt as a rule a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information or make …

This Regulation shall be of general applicability and shall apply in all cases except to the extent a statute of the State of Mississippi provides otherwise. Notes 19 Miss. Code. R. 1-15.03 Miss. Code Ann. § 25-61-5 (Rev. 2021) Amended 1/2/2024

A. Department - The Insurance Department of the State of Mississippi. B. State Fire Marshal's Office - a division of the Department that is tasked with coordinating and assisting Mississippi fire and law enforcement services in order to protect life and property from fire and rel…

A. Description of Department - The Insurance Department generally regulates all insurance companies and their agents doing business in the State of Mississippi. The Department's responsibilities include, but are not limited, to the following: granting or withholding of charters, …

A. License Required - All insurance producers and business entities must be properly licensed before engaging in the business of insurance in this state. All applicants must have complied with the licensing laws prior to receiving a license to engage in the business of insurance …

A. Authority and Control - The Department has the sole authority and control over the issuance, grant, denial, refusal, suspension, revocation, expiration, termination, continuance, and renewal of licenses and certificates of authority for all insurers. B. License Forfeited - Upo…

A. Notices issued by the Department - Notices shall be effective only when in writing, signed by the Commissioner, his designee, or his attorney. 1. Every notice shall state its effective date. 2. Every notice shall concisely state;a. Its intent and purpose; b. The grounds on whi…

A. Notice and Hearing - Unless otherwise provided in statutory law, any administrative action of the Commissioner shall only be made after notice and hearing to the respondent. B. Written Orders - Orders of the Commissioner shall be effective only when in writing. C. Order Formul…

The Department may issue Bulletins, which are considered guidance and explanatory in nature, without notice and hearing, and without public participation. Upon adoption of a Bulletin by the Commissioner, the a copy of the Bulletin shall be placed on the Department website, and el…

A. The Department shall comply with the Mississippi Administrative Procedures Act, Miss. Code Ann. §§ 25-43-1, et. seq., in the establishment the rules and regulations of the Department. B. Notice - Prior to adoption, amendment or repeal of any regulation, the Department shall gi…

Pursuant to Miss. Code. Ann. § 25-43-2.103, any person with a substantial interest in the subject matter may make a written request of an agency for a declaratory opinion as to the applicability to specified circumstances of a statute, rule or order within the primary jurisdictio…

This Regulation shall become effective thirty (30) days after filing with the Office of the Secretary of State. Notes 19 Miss. Code. R. 1-15.13 Miss. Code Ann. § 25-43-3.106 (Rev. 2021) Amended 1/2/2024

The purpose of these rules is to provide prospective purchasers with clear and unambiguous statements in the advertisement of Medicare supplement insurance; to assure the clear and truthful disclosure of the benefits, limitations and exclusions of policies sold as Medicare supple…

A. These rules shall apply to any "advertisement" of Medicare supplement insurance as that term is defined herein, unless otherwise specified in these rules, which the insurer knows or reasonably should know is intended for presentation, distribution, or dissemination in this Sta…

A. An advertisement for the purpose of these rules shall include: 1. printed and published material, audio visual material and descriptive literature used by or on behalf of an insurer in direct mail, newspapers, magazines, radio scripts, TV scripts, billboards and similar displa…

All information required to be disclosed by these rules shall be set out conspicuously and in close conjunction with the statements to which such information relates or under appropriate captions of such prominence that it shall not be minimized, rendered obscure or presented in …

A. The format and content of a Medicare supplement insurance advertisement shall be sufficiently complete and clear to avoid deception or the capacity or tendency to mislead or deceive. Whether an advertisement has a capacity or tendency to mislead or deceive shall be determined …

A. Deceptive Words, Phrases or Illustrations Prohibited 1. No advertisement shall omit information or use words, phrases, statements, references or illustrations if the omission of such information or use of such words, phrases, statements, references or illustrations has the cap…

An advertisement which is an invitation to contract shall disclose the provisions relating to renewability, cancellability and termination and any modification of benefits, losses covered or premiums because of age or for other reasons, in a manner which shall not minimize or ren…

A. Testimonials and endorsements used in advertisements must be genuine, represent the current opinion of the author, be applicable to the policy advertised and be accurately reproduced. The insurer, in using a testimonial or endorsement, makes as its own all of the statement con…

A. An advertisement relating to the dollar amounts of claims paid, the number of persons insured, or similar statistical information relating to any insurer or policy shall not use irrelevant facts, and shall not be used unless it accurately reflects all of the relevant facts. Su…

An advertisement shall not directly or indirectly make unfair or incomplete comparisons of policies or benefits or comparisons of non-comparable policies of other insurers, and shall not disparage competitors, their policies, services or business methods, and shall not disparage …

A. An advertisement which is intended to be seen or heard beyond the limits of the jurisdiction in which the insurer is licensed shall not imply licensing beyond those limits. B. An advertisement shall not create the impression directly or indirectly that the insurer, its financi…

A. The name of the actual insurer shall be stated in all of its advertisements. The form number or numbers of the policy advertised shall be state in an advertisement which is an invitation to contract. An advertisement shall not use a trade name, any insurance group designation,…

A. An advertisement of a particular policy shall not state or imply that prospective insureds become group or quasi-group members covered under a group policy and as such enjoy special rates or underwriting privileges, unless such is the fact. B. This rule prohibits the solicitat…

A. Offers 1. An advertisement of an individual policy shall not directly or by implication represent that a contract or combination of contracts is an introductory, initial or special offer, or that applicants will receive substantial advantages not available at a later date, or …

An advertisement shall not contain statements which are untrue in fact, or by implication misleading, with respect to the assets, corporate structure, financial standing, age or relative position of the insurer in the insurance business. An advertisement shall not contain a recom…

A. Advertising File: Each insurer shall maintain at its home or principal office a complete file containing every printed, published or prepared advertisement of its individual policies and typical printed, published or prepared advertisements of its blanket, franchise and group …

If any section or portion of a section of these rules, or the applicability thereof to any person or circumstance is held invalid by a court, the remainder of the rules, or the applicability of such provision to other persons or circumstances, shall not be affected thereby. Notes…

Every insurer, health care service plan or other entity providing Medicare supplement insurance or benefits in this State shall provide a copy of any Medicare supplement advertisement intended for use in this State whether through written, radio or television medium to the Commis…

A. Guideline 1 Disclosure is one of the principal objectives of the rules and this section states specifically that the rules shall assure truthful and adequate disclosure of all material and relevant information. The rules specifically prohibit some previous advertising techniqu…

The purpose of this regulation is to identify prohibited activities, which, when take in conjunction with another specific existing relationship, such as a lease, between a lending institution and/or insurance companies, agents, agencies or representatives of same, would violate …

This regulation is issued pursuant to the authority vested in the Commissioner of Insurance of the State of Mississippi under Miss. Code Ann. Sections 83-5-29 through 83-5-51, 83-17-7, as Amended, 83-17-231 and other applicable provisions of the Mississippi Insurance Laws and is …