Mississippi Administrative Code

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…

A. General rule. The initial, annual and revised privacy notices that a licensee provides under Sections 5, 6 and 9 shall include each of the following items of information, in addition to any other information the licensee wishes to provide, that applies to the licensee and to t…

A. Form of Opt out notice. 1. If a licensee is required to provide an opt-out notice under Section 11A, it shall provide a clear and conspicuous notice to each of its consumers that accurately explains the right to opt out under that section. The notice shall state: a. That the l…

A. General rule. Except as otherwise authorized in this regulation, a licensee shall not, directly or through an affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party other than as described in the initial notice that the…

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…