Title 56, Insurance

(1) As used in this chapter, unless the context otherwise requires:(1) “Commissioner” means the commissioner of commerce and insurance;(2) “Health care services” means a health or medical care procedure or service rendered by a health care provider that:(A) Provides testing, diag…

Before an entity may operate under the Medicare+Choice program, the entity must obtain a license from the commissioner or be a PSO that obtains a waiver of the requirement for state licensure from HHS in accordance with United States Pub. L. No. 105-33, the Balanced Budget Act of…

The commissioner is authorized to adopt rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this chapter, including solvency standards, that do not impose requirements in addition to those required by fe…

(a) This chapter is known and may be cited as the “Tennessee Creditor-Placed Insurance Act of 1999.” (b) The purposes of this chapter are to:(1) Promote the public welfare by regulating creditor-placed insurance;(2) Create a legal framework within which creditor-placed insurance …

(a) This chapter applies to an insurer or agent transacting creditor-placed insurance as defined in this chapter. (b) All creditor-placed insurance written in connection with credit transactions for personal, family or household purposes is subject to this chapter, except:(1) Tra…

(1) As used in this chapter, unless the context otherwise requires:(1) “Actual cash value (ACV)” means the cost of replacing damaged or destroyed property with comparable new property, minus depreciation and obsolescence;(2) “Agent” means a person who receives a commission for in…

(a) Creditor-placed insurance shall become effective on the latest of the following dates:(1) The date of the credit transaction;(2) The date prior coverage, including prior creditor-placed insurance coverage, lapsed;(3) One (1) year before the date on which the related insurance…

(a) Premiums for creditor-placed insurance coverage may be calculated based on:(1) An amount not exceeding the net debt even though the coverage may limit the insurer's liability to the net debt, actual cash value or cost of repair; or(2) Other premium calculation methods that mo…

(a) Creditor-placed insurance coverage shall not include:(1) Coverage for the cost of repossession;(2) Skip, confiscation and conversion coverage;(3) Coverage for payment of mechanics' or other liens that do not arise from a covered loss occurrence;(4) Coverage that requires a de…

Creditor-placed insurance shall be set forth in an individual policy or certificate of insurance. A copy of the individual policy, certificate of insurance coverage, or other evidence of insurance coverage shall be mailed, first class mail, or delivered in person to the last know…

(a) All policy forms and certificates of insurance to be delivered or issued for delivery in this state and the schedules of premium rates pertaining to the policy forms or certificates shall be filed with the commissioner. (b) The commissioner shall within thirty (30) days after…

(a) Within sixty (60) calendar days after the termination of creditor-placed insurance coverage, and in accordance with the formulas approved by the commissioner, an insurer shall refund any unearned premium or other identifiable charges. (b) Within sixty (60) calendar days after…

(a) In the event of a loss under the creditor-placed insurance policy, the insurer shall pay, at a minimum, the least of the following, the value of which shall be determined as of the date of loss:(1) The cost to repair the collateral less any applicable deductible;(2) The actua…

(a) In order for the creditor to place insurance on the collateral pledged by the debtor and pass the cost of the insurance on to the debtor:(1) The creditor must have a security interest in the personal property;(2) The credit agreement must require the debtor to maintain insura…

(a) The entire amount of the premium due from a creditor shall be remitted to the insurer or its agent in accordance with the insurer's requirements. No commissions may be paid to, or retained by, a person or entity except a licensed and appointed insurance agent. (b) The retenti…

(a) A creditor shall not impose charges, including premium costs and related interest and finance charges, on a debtor for creditor-placed insurance coverage unless adequate disclosure of the requirement to maintain insurance has been made to the debtor. Adequate disclosure is ac…

(a) The commissioner may conduct investigations or examinations of insurers and agents to ensure compliance with and enforcement of this chapter or any rule, regulation or order under this chapter. The examination or investigation shall be conducted and subject to § 56-1-411 and …

The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this chapter. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

This chapter applies to life settlements as defined in this chapter and is known and may be cited as the “Tennessee Viatical Settlement Act of 2009.”

(1) As used in this chapter:(1) “Advertising” means any written, electronic or printed communication or any communication by means of recorded telephone messages or transmitted on radio, television, the Internet or similar communications media, including film strips, motion pictu…

(a) (1) A person shall not operate as a viatical settlement provider or viatical settlement broker without first obtaining a license from the commissioner of the state of residence of the viator.(2) A person shall not operate as a viatical settlement investment agent without firs…

(a) The commissioner may refuse to issue, suspend, revoke or refuse to renew the license of a viatical settlement provider, viatical settlement broker or viatical settlement investment agent if the commissioner finds that:(1) There was any material misrepresentation in the applic…

A person shall not use a viatical settlement contract form or provide to a viator a disclosure statement form in this state unless first filed with and approved by the commissioner. The commissioner shall disapprove a viatical settlement contract form or disclosure statement form…

(a) Each viatical settlement provider shall file with the commissioner on or before March 1 of each year an annual statement containing such information as the commissioner may prescribe by regulation. In addition to any other requirements, the annual statement shall specify the …

(a) Authority, Scope and Scheduling of Examinations. (1) (A) The commissioner may conduct an examination under this chapter of a licensee as often as the commissioner, in the commissioner’s discretion, deems appropriate after considering the factors set forth in subdivision (a)(1…

(a) With each application for a viatical settlement, a viatical settlement provider or viatical settlement broker shall provide the viator with at least the following disclosures no later than the time the application for the viatical settlement contract is signed by all parties.…

Prior to the initiation of a plan, transaction or series of transactions, a viatical settlement broker or viatical settlement provider shall fully disclose to an insurer a plan, transaction or series of transactions to which the viatical settlement broker or viatical settlement p…

(a) (1) A viatical settlement provider entering into a viatical settlement contract shall first obtain:(A) If the viator is the insured, a written statement from a licensed attending physician that the viator is of sound mind and under no constraint or undue influence to enter in…

(a) It is a violation of this chapter for any person to enter into a viatical settlement contract at any time prior to the application or issuance of a policy that is the subject of viatical settlement contract or within a period of time established by rule, unless the viator cer…

(a) With respect to any viatical settlement contract or insurance policy, no viatical settlement broker knowingly shall solicit an offer from, effectuate a viatical settlement with or make a sale to any viatical settlement provider, viatical settlement purchaser, viatical settlem…

(a) This section shall apply to any advertising of viatical settlement contracts, viatical settlement purchase agreements or related products or services intended for dissemination in this state, including Internet advertising viewed by persons located in this state. Where disclo…

(a) Fraudulent Viatical Settlement Acts, Interference and Participation of Convicted Felons Prohibited. (1) A person shall not commit a fraudulent viatical settlement act.(2) A person shall not knowingly or intentionally interfere with the enforcement of this chapter or investiga…

(a) In addition to the penalties and other enforcement provisions of this chapter, if any person violates this chapter or any regulation implementing this chapter, the commissioner may seek an injunction in a court of competent jurisdiction and may apply for temporary and permane…

A violation of this chapter, including the commission of a fraudulent viatical settlement act, shall be considered an unfair trade practice under chapter 8 of this title, subject to the penalties contained in chapter 8 of this title.

(1) The commissioner shall have the authority to:(1) Promulgate rules to effectuate the purposes of this chapter. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;(2) Establish standards for evaluating rea…

This chapter is known and may be cited as the “Tennessee Prepaid Limited Health Service Organization Act of 2000.”

(1) As used in this chapter:(1) “Capitation” means the fixed amount paid by a prepaid limited health service organization to a health care provider under contract with the prepaid limited health service organization in exchange for the rendering of covered limited health services…

Except as provided in this chapter, prepaid limited health service organizations are governed by this chapter and are exempt from this title unless specifically referenced.

Nothing in this title or this chapter authorizes any prepaid limited health service organization to transact any insurance business other than that specifically authorized by this chapter, or otherwise to engage in any other type of insurance unless it is authorized under a certi…

(a) A person, corporation, partnership, or other entity may not operate a prepaid limited health service organization in this state without obtaining and maintaining a certificate of authority from the department pursuant to this chapter. (b) A political subdivision of this state…

(a) Before any entity may operate a prepaid limited health service organization, it must obtain a certificate of authority from the department. An application for a certificate of authority to operate a prepaid limited health service organization must be filed with the department…

(a) Following receipt of an application filed pursuant to § 56-51-106, the department shall review the application and notify the applicant of any deficiencies contained in the application. The department shall issue a certificate of authority to an applicant who has filed a comp…

In order to maintain its eligibility for a certificate of authority, a prepaid limited health service organization must continue to meet all conditions required to be met under this chapter and the rules adopted under this chapter for the initial application for and issuance of i…

Any entity licensed under this chapter that provides services solely to Title XIX program recipients under a contract with the state shall be exempt from §§ 56-51-106(12), 56-51-112(e) and (k), 56-51-113, 56-51-117, 56-51-123, 56-51-127, and 56-51-134(b)(5)(A) and (B). Further, t…

All contracts or forms utilized by the prepaid limited health services organization, whether directed to providers or enrollees, shall be written in the English language.

All prepaid limited health services contracts, marketing materials, and literature must disclose in boldfaced type the name of the organization and disclose that the organization is a prepaid limited health service organization licensed under this chapter.