Title XXIV — BUSINESS AND FINANCIAL INSTITUTIONS

376.910. Certificate of authority required. — No provider shall engage in the business of providing continuing care in this state without a certificate of authority therefor obtained from the department as provided in sections 376.900 to 376.950. ­­-------- (L. 1981 S.B. 84 § 3)…

376.915. Application for certificate, content — renewal, content, filed when — extensions, fee. — 1. A provider shall file an application for a certificate of authority on a form prescribed by the department, and the application shall be accompanied by the annual statement and ot…

376.920. Annual statement, form, contents. — The annual statement shall be in such form as the department shall elect. The proposed provider shall include as an exhibit a copy of the proposed form of life care contract to be entered into with residents at each facility. The annua…

376.925. Seven-day rescission period, all money or property to be refunded. — The life care contract shall provide that any person entering into the contract shall have a period of seven days beginning with the first full calendar day following the last to occur of the execution …

376.930. Insured to be furnished application for certificate and annual statement, when. — At the time of or prior to the execution of a life care contract and the transfer of any money or other property to a provider pursuant thereto, the provider shall deliver to the person wit…

376.935. Certificates issued for one year — nontransferable — not endorsement by department. — 1. Upon receipt of a completed application for a certificate of authority and exhibits and payment of the fee by the applicant, and proof of compliance by the applicant with the provisi…

376.940. Escrow account for entrance fees required, released when. — 1. As a condition for the issuance of a certificate of authority pursuant to section 376.935, the department shall require that the provider establish an escrow account with a licensed agent which provides that …

376.945. Escrow account, amount required — principal, how released, investment. — 1. The department shall, as a condition of the issuance of a certificate of authority pursuant to section 376.935, require that the provider establish a reserve of an amount equal to at least fifty …

376.950. Board of directors, one member to be resident of facility. — At least one member of the board of directors shall be a resident of the facility under a standard agreement offered by the provider. ­­-------- (L. 1981 S.B. 84 § 8)

376.960. Definitions. — As used in sections 376.960 to 376.989, the following terms mean: (1) "Benefit plan", the coverages to be offered by the pool to eligible persons pursuant to the provisions of section 376.986; (2) "Board", the board of directors of the pool; (3) "Church pl…

376.961. Missouri health insurance pool created — members to be all health insurers in state — board of directors, members, terms, qualifications — transitioning resources. — 1. There is hereby created a nonprofit entity to be known as the "Missouri Health Insurance Pool". All in…

376.962. Plan of operation to be submitted by board — effective when — failure to submit, director's duty to develop rules — plan content — amendments, procedure. — 1. The board of directors on behalf of the pool shall submit to the director a plan of operation for the pool and a…

376.964. Board, powers and duties — including providing for issuing policies and reinsuring risks — staff appointment — rulemaking authority. — The board of directors and administering insurers of the pool shall have the general powers and authority granted under the laws of this…

376.965. Board members not civilly liable for performance of duties, exception. — No member of the board of directors of the Missouri health insurance pool shall be civilly liable, either jointly or separately, as a result of any act, omission or decision in performance of his du…

376.966. No employee to lose coverage by enrolling in pool — eligibility for pool coverage, ineligibility — medical underwriting considerations, notification required, when — expiration date. — 1. No employee shall involuntarily lose his or her group coverage by decision of his o…

376.968. Administration of pool by insurer or insurers by competitive bids — insurer's qualifications — board to establish criteria for bid content. — The board shall select an insurer, insurers, or third-party administrators through a competitive bidding process to administer th…

376.970. Administering insurer to serve for three years subject to removal for cause — duties — reports — bidding process. — 1. The administering insurer shall serve for a period of three years subject to removal for cause. At least one year prior to the expiration of each three-…

376.973. Administering insurer at close of fiscal year to make accounting and assessment — how calculated — excess to be held at interest for future losses or to reduce premiums — future losses, defined — assessments, continuation of. — 1. Following the close of each fiscal year,…

376.975. Member's proportion of participation in pool to be determined annually — deficits to be recouped by proportioned assessment — amount of assessment to be offset against certain taxes. — Each member's proportion of participation in the pool shall be determined annually by …

376.978. Director of revenue to determine reduced amount in county foreign insurance tax fund, state treasurer to reimburse fund by reducing amount to general revenue. — The director of revenue shall determine the difference between the amount of money the state treasurer, pursua…

376.980. Pool member exempt from taxation of financial institution, may be allowed to offset against sales or use tax, when — excess of assessment over sales or use tax payable in any one year a credit in succeeding years until excess is exhausted. — Each pool member exempt from …

376.982. Rulemaking procedure. — No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024. ­­-------- (L. 1990 H.B. 998 § 5 subsec. 5 subdiv. (2)(a)-(d), A.L. 1…

376.984. Abatement or deferring all or part of assessment of member, when — amount abated or deferred may be assessed against other members — deficiency liability. — The board may abate or defer, in whole or in part, the assessment of a member if, in the opinion of the board, pay…

376.986. Pool to offer medical coverage — premiums, how established — standard risk rate, how calculated — director to approve rates — exclusions — benefits reduced by other insurance or workers' compensation — medical expense to include prayer for spiritual healing. — 1. The poo…

376.987. High deductible health plans and establishment of health savings plans to be offered as options — definitions — rulemaking authority. — 1. The board shall offer to all eligible persons for pool coverage under section 376.966 the option of receiving health insurance cover…

376.989. No liability, criminal or civil, for participation in pool by members. — Neither the participation in the pool as members, the establishment of rates, forms or procedures, nor any other joint or collective action required or permitted by the provisions of sections 376.96…

376.995. Limited mandate health insurance policies defined — certain sections not to apply to limited mandate health insurance policies, exceptions — requirements to sell or issue — certain law to apply. — 1. This section shall be known as the "Limited Mandate Health Insurance Ac…

376.998. Health insurance mandate exemption for excepted benefit plans — definitions — procedure to exempt. — 1. As used in this section, the following terms shall mean: (1) "Excepted benefit plan", a policy or certificate of insurance extending the following coverages or any com…

377.005. Definitions. — As used in this chapter, unless otherwise clearly indicated by the context, the following words mean: (1) "Department", the department of commerce and insurance; and (2) "Director", the director of the department of commerce and insurance. ­­-------- (L. 2…

377.010. Assessment plan insurance defined. — Every contract whereby a benefit is to accrue to a person or persons named therein, upon the death or physical disability of a person also named therein, the payment of which said benefit is in any manner or degree dependent upon the …

377.020. Incorporation of companies, procedure. — 1. Any number of persons, not less than seven, being citizens of the state of Missouri, may upon application to the circuit court of the county or city in which it is proposed to locate the chief offices or place of business, beco…

377.030. Release of beneficiary fund — replacement — exemptions. — 1. On written application by the board of directors, the director of the department of commerce and insurance shall release to said company from the beneficiary fund the amount herein stated for the purpose of pay…

377.040. Qualifications to do business. — 1. Any association, society or company duly incorporated under the laws of this state, having a bona fide membership of not less than five hundred persons in good standing, and who hold policies or certificates of insurance therein in the…

377.050. Emergency fund — accumulation — purpose — replacement. — 1. Corporations organized or doing the business of life insurance under sections 377.010 to 377.190 shall provide for the accumulation of an emergency fund, which shall be not less than the proceeds of one death as…

377.060. Policy to specify amount to be paid, when payable. — Every policy or certificate hereafter issued by any corporation of this state doing business in conformity with the provisions of sections 377.010 to 377.190, and promising a payment to be made upon a contingency of de…

377.070. Effect of refusal to pay — duty of director. — If the corporation refuses or fails to make such payment for thirty days after final judgment against said corporation, the failure to pay the amount of such final judgment within said period of thirty days shall ipso facto …

377.080. Limitations on the issuance of policies — charitable, benevolent, educational and religious organizations have insurable interest — fraud or coercion, exception. — 1. No corporation doing business pursuant to sections 377.010 to 377.190 shall issue a certificate or polic…

377.090. Proceeds not liable for debts. — The money or other benefit, charity, relief or aid to be paid, provided or rendered by any corporation authorized to do business under sections 377.010 to 377.190, shall not be liable to attachment or other process, and shall not be seize…

377.100. Statement of affairs. — Every corporation doing business under sections 377.010 to 377.190 shall annually, on or before the first day of February, return to the director of the department of commerce and insurance, in such manner and form as he shall prescribe, a stateme…

377.120. Two-thirds majority to reinsure or transfer risks. — No corporation of this state, organized or doing business under the provisions of sections 377.010 to 377.190, shall transfer its risks to or reinsure them in any other corporation, unless the contract of transfer or r…

377.150. Retaliatory section. — When any other state or country shall impose any obligations upon such corporation, the like obligations shall be imposed and enforced by the department of commerce and insurance of this state upon similar corporations and their agents of such stat…

377.160. Deposit for costs and expenses. — Before any foreign insurance company doing business under the assessment plan shall be authorized to do business in this state, it shall deposit, and always keep on deposit, with the director of the department of commerce and insurance o…

377.170. Acceptance of regular life insurance law by assessment companies — past contracts not affected. — 1. Any domestic life or accident insurance corporation, company or association existing or doing business in this state under sections 377.010 to 377.190, providing for insu…

377.180. Not applicable to fraternal societies. — Nothing in sections 377.010 to 377.190 shall be so construed as to impair or in any manner to interfere with any of the rights or privileges of any corporation, association or organization doing a life or casualty insurance busine…

377.190. Penalty for false statement. — Any solicitor, agent or examining physician, who shall knowingly or willfully make any false or fraudulent statement or misrepresentation in or with reference to any application for insurance, or for the purpose of obtaining any money or be…

377.199. No companies formed under sections 377.200 to 377.460 after August 29, 1959. — From and after the effective date of this section no stipulated premium plan life insurance company shall be organized or incorporated under the provisions of sections 377.200 to 377.460, but …

377.200. Stipulated premium companies defined — penalty for unlawful use of term. — Any corporation, company or association issuing policies or certificates promising money or other benefits to a member or policyholder, or upon his decease to his legal representatives, or to bene…

377.210. Organization — powers. — Any number of persons, not less than seven, a majority of whom being citizens and residents of the state of Missouri, may associate themselves and form a company, for the purpose of making insurance on the lives of individuals, and every insuranc…

377.220. Articles of agreement — approval — filing — issuance of certificate. — 1. The persons mentioned in section 377.210 shall be designated as corporators, and such persons shall associate themselves by articles of agreement, in writing, duly signed and acknowledged, setting …

377.230. Completion of organization. — 1. No such corporation, company or association shall commence the business of life insurance until at least two hundred persons, eligible under the proposed plan of organization, shall have subscribed, in writing, to be insured therein in th…