Title 27, Title 27 Title 27

Notwithstanding any general law enacted after January 1, 2014, any legislation that would create a new state health benefit mandate, or expand upon an existing health benefit, shall contain a statement of intent that clearly provides the purpose and objectives of the health benef…

This chapter shall be known and may be cited as “The Health Insurance Tax Incentive.”

As used in this chapter: (1) “Employee” has the meaning set forth in § 28-42-3. (2) “Employer” has the meaning set forth in § 28-42-3.

On or before July 1, 2009, each employer with annual average employment of more than twenty-five (25) employees for six (6) consecutive months of the year in the state of Rhode Island shall adopt and maintain for its employees a cafeteria plan that satisfies the Internal Revenue …

The director of the department of labor and training shall have the authority to promulgate rules and regulations for the implementation and administration of this chapter.

The provisions set forth in this chapter shall apply to approval of insurance policies and rates by the director of the department of business regulation, referred to in this chapter as “the director.”

The following definitions shall apply for purposes of this chapter: (1) “Accepted actuarial standards” means the standards adopted by the casualty actuarial society in its statement of principles regarding property and casualty insurance ratemaking, and the standards of practice …

(a) Subject to the applicable requirements of the Administrative Procedures Act, chapter 35 of title 42, the director may adopt rules and regulations for: (1) The administration of this chapter, including, but not limited to, procedures governing submission of petitions for inter…

(a) An advisory organization and every insurer subject to this chapter that makes its own rate shall provide within this state reasonable means where any person aggrieved by the application of its rating system may upon that person’s or the person’s authorized representative’s wr…

(a) In this section, “insurer” includes two (2) or more affiliated insurers: (1) Under common management; or (2) Under common controlling ownership or under common effective legal control and in fact engaged in joint or cooperative underwriting, investment management, marketing, …

For the purpose of determining whether the filing meets the requirements of this chapter, the director may employ staff personnel and outside consultants including, but not limited to, those authorized under § 27-9-52. The reasonable costs related to the review of workers’ compen…

No person, firm, corporation, association, or organization shall willfully withhold information that will affect the rates or premiums chargeable under this chapter or knowingly give false or misleading information to the director, any statistical agency or advisory organization …

Nothing contained in this title shall be interpreted as preventing insurance companies, authorized to do business within this state, from offering workers’ compensation and employers’ liability insurance coverage to groups of employer beneficiaries.

(a) The director may, as often as the director may deem it necessary, make or cause to be made an examination of each rating organization licensed in this state as provided in § 27-9-22 and may also examine every group, association, or other organization of insurers, including an…

Notwithstanding any general or special law to the contrary, a midterm notice of cancellation of a workers’ compensation policy shall be effective only if based on one or more of the following reasons: (1) Nonpayment of premium; (2) Fraud or material misrepresentation affecting th…

(a) Every insurance company issuing workers’ compensation insurance policies covering the payment of compensation and benefits provided for in this chapter shall file with the director: (1) A copy of the form of the policies. A policy may not be issued until the director has appr…

The director is authorized, at the director’s discretion, to conduct audits and investigations to examine the insurer’s utilization of adequate programs to control costs or expenses or to collect the appropriate premium charges. On the basis of information submitted in any filing…

(a) The director shall establish loss control standards for insureds that meet criteria designed to identify those insureds that would significantly benefit from the adoption of a program to control workers’ compensation costs. The criteria shall be established by the director an…

Insurers and an advisory organization are not required to immediately refile rates previously approved. For five (5) years after July 7, 1998, any member or subscriber of an advisory organization is authorized to continue to use all rates and deviations filed or approved for its …

If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this…

The director shall apply the following standards in making rates: (1) Rates shall not be excessive, inadequate, or unfairly discriminatory. (2) Due consideration shall be given to: (i) Past and prospective loss experience within and outside the state; (ii) A reasonable margin for…

(a)(1) Every insurer shall file with the director every manual, minimum premium, class rate, rating schedule, or rating plan and every other rating rule, and every modification of any of the foregoing that it proposes to use. An insurer may file its rates either by filing its fin…

(a) If within the waiting period or any extension of the waiting period as provided in § 27-7.1-5.1(c) the director finds that a filing does not meet the requirements of this chapter, a written order of disapproval shall be sent to the insurer or advisory organization, specifying…

Notwithstanding any other provision of this chapter, upon the written consent of the insured, filed with the director, a rate in excess of the rate determined in accordance with the other provisions of this chapter may be used on any specific risk.

Every advisory organization and every insurer shall, within a reasonable time after receiving a written request, furnish to any insured affected by a rate made by the insurer, or the authorized representative of the insured, all pertinent information as to that rate.

(a) No advisory organization shall provide any service relating to the rates subject to this chapter, and no insurer shall utilize the services of that organization for those purposes, unless the organization has obtained a license pursuant to § 27-9-22. (b) No advisory organizat…

(a) The director shall appoint one or more advisory organizations licensed in accordance with § 27-9-22 to assist the director in gathering, compiling, and reporting relevant statistical information. Every workers’ compensation insurer shall record and report its workers’ compens…

This chapter shall be known and may be cited as the “Market Conduct Surveillance Act.”

(a) No cause of action shall arise nor shall any liability be imposed against the commissioner, the commissioner’s authorized representatives, or an examiner appointed by the commissioner for any statements made or conduct performed in good faith while carrying out the provisions…

(a) Fines and penalties levied pursuant to this chapter or other provisions of the general laws shall be consistent, reasonable, and justified. (b) The commissioner shall take into consideration actions taken by insurers that maintain membership in best-practice organizations tha…

(a) The commissioner shall collect and report market data to the NAIC’s market information systems, including the complaint database system, the examination tracking system, and the regulatory information retrieval system, or other comparable successor NAIC products as determined…

The commissioner shall share information and coordinate the department of business regulation’s market analysis and examination efforts with other states through the NAIC.

(a) At least once per year, or more frequently if deemed necessary, the commissioner shall make available in an appropriate manner to insurers and other entities subject to the scope of this chapter information on new laws and regulations, and other information the commissioner d…

(a) The total cost of market analysis and examinations performed pursuant to this chapter shall be borne by the companies analyzed and/or examined, including the total cost of all persons contracted by the commissioner pursuant to this chapter to supplement in-house staff, in acc…

(a) The purpose of this chapter is to establish a framework for insurance market conduct actions, including: (1) Processes and systems for identifying, assessing, and prioritizing market conduct problems that have an adverse impact on consumers, policyholders, and claimants; (2) …

As used in this chapter: (1) “Commissioner” means the “director of the department of business regulation” or his or her designee. (2) “Complaint” means a written or documented oral communication to the commissioner primarily expressing a grievance, meaning an expression of dissat…

(a) The commissioner is authorized to conduct market conduct examinations as deemed necessary by the commissioner for Rhode Island policyholder protection, which shall be accomplished by comprehensive or targeted examinations of domestic insurers and targeted examinations of fore…

(a)(1) The commissioner shall gather information as deemed necessary from data currently available, as well as surveys and required reporting requirements, information collected by the NAIC, and a variety of other objective sources in both the public and private sectors including…

(a) Market conduct actions taken as a result of a market analysis shall focus on the general business practices and compliance activities of insurers, rather than identifying infrequent or unintentional random errors that do not cause consumer harm. (b)(1) The commissioner is aut…

(a) When the commissioner identifies through market analysis a pattern of conduct or practice by an insurer which requires further investigation, and less intrusive market conduct actions identified in § 27-71-5(b) are not appropriate, the commissioner has the discretion to condu…

(a) Except as otherwise provided by law, market conduct surveillance personnel shall have free and full access to all books and records, employees, officers, and directors, as practicable, of the insurer during regular business hours. An insurer utilizing a third-party model or p…

(a) Market conduct surveillance personnel shall be qualified by education, experience and, where applicable, professional designations. The commissioner may supplement the in-house market conduct surveillance staff with qualified outside professional assistance if he or she deter…

This chapter may be cited and shall be known as the “Life Settlements Act.”

(a) Without limiting the ability of an insurer from assessing the insurability of a policy applicant and determining whether or not to issue the policy, and in addition to other questions an insurance carrier may lawfully pose to a life insurance applicant, insurance carriers may…

(a) A provider entering into a life settlement contract with any owner of a policy, wherein the insured is terminally or chronically ill, shall first obtain: (1) If the owner is the insured, a written statement from a licensed attending physician that the owner is of sound mind a…

(a) The commissioner may: (1) Promulgate regulations implementing this chapter and regulating the activities and relationships of providers, brokers, insurers, and their agents, subject to statutory limitations on administrative rulemaking. (2) Provide by regulation that the comm…