Legislation
SECTION 4512
Accident and health and disability insurance certificates; compliance with rules and regulations
Insurance (ISC) CHAPTER 28, ARTICLE 45
§ 4512. Accident and health and disability insurance certificates;
compliance with rules and regulations. (a) No certificate or other
evidence of any contract of accident insurance, disability income
insurance, or health insurance or of any total and permanent disability
insurance and no application or rider or endorsement for use in
connection therewith shall be delivered or issued for delivery in this
state unless it conforms with reasonable rules and regulations
prescribed by the superintendent and contains a provision that the
rights or obligations of the insured member under any such certificate
or other evidence of such contract, or of any person rightfully claiming
thereunder, shall be governed by the laws of this state. Pursuant to the
foregoing provisions the superintendent shall have power, from time to
time to make, alter and supersede reasonable rules and regulations
prescribing the required, optional and prohibited provisions in such
contracts, and such rules and regulations shall conform, as far as
practicable, to the provisions of section three thousand two hundred
fifteen of this chapter or of section three thousand two hundred sixteen
of this chapter, whichever shall be applicable. Where the superintendent
deems inapplicable, either in part or in their entirety, the provisions
of the aforesaid sections, he may prescribe the portions, or a summary
thereof, of the contract to be printed in the certificate issued to the
member.
(b) Anything in this article to the contrary notwithstanding, each
certificate of hospitalization expense benefits or surgical or medical
expense benefits delivered or issued for delivery in this state to any
member individually or as the head of a family shall:
(1) stipulate a premium determined on the basis of the age of the
member, which premium shall be subject to change only if the premiums on
all outstanding certificates in the same class are changed in accordance
with the standards which shall have been established prior to the
issuance of the certificate for the determination of the increase or
decrease in the premiums and are on file with and approved by the
superintendent,
(2) contain the following provisions under the caption "Incontestable
and Guaranteed Renewable":
"After this certificate has been in force for a period of one year
from the date of issue, it shall become incontestable as to the
statements contained in the application and the member shall have the
right to continue the same in force, subject to the timely payment of
premiums and the conditions of the certificate relating to military
service;" and
(3) in the case of such certificates written at issue age above
sixty-five years, contain the following provision:
"No claim for benefits provided in this certificate shall be reduced
or denied on the ground that a disease or physical condition had existed
prior to the effective date of coverage of this certificate, except only
such disease or physical condition which is specifically eliminated by
rider, attached to this certificate, a copy which shall have been
furnished to the member and its receipt evidenced by a signed amendment
to the application for such certificate."
compliance with rules and regulations. (a) No certificate or other
evidence of any contract of accident insurance, disability income
insurance, or health insurance or of any total and permanent disability
insurance and no application or rider or endorsement for use in
connection therewith shall be delivered or issued for delivery in this
state unless it conforms with reasonable rules and regulations
prescribed by the superintendent and contains a provision that the
rights or obligations of the insured member under any such certificate
or other evidence of such contract, or of any person rightfully claiming
thereunder, shall be governed by the laws of this state. Pursuant to the
foregoing provisions the superintendent shall have power, from time to
time to make, alter and supersede reasonable rules and regulations
prescribing the required, optional and prohibited provisions in such
contracts, and such rules and regulations shall conform, as far as
practicable, to the provisions of section three thousand two hundred
fifteen of this chapter or of section three thousand two hundred sixteen
of this chapter, whichever shall be applicable. Where the superintendent
deems inapplicable, either in part or in their entirety, the provisions
of the aforesaid sections, he may prescribe the portions, or a summary
thereof, of the contract to be printed in the certificate issued to the
member.
(b) Anything in this article to the contrary notwithstanding, each
certificate of hospitalization expense benefits or surgical or medical
expense benefits delivered or issued for delivery in this state to any
member individually or as the head of a family shall:
(1) stipulate a premium determined on the basis of the age of the
member, which premium shall be subject to change only if the premiums on
all outstanding certificates in the same class are changed in accordance
with the standards which shall have been established prior to the
issuance of the certificate for the determination of the increase or
decrease in the premiums and are on file with and approved by the
superintendent,
(2) contain the following provisions under the caption "Incontestable
and Guaranteed Renewable":
"After this certificate has been in force for a period of one year
from the date of issue, it shall become incontestable as to the
statements contained in the application and the member shall have the
right to continue the same in force, subject to the timely payment of
premiums and the conditions of the certificate relating to military
service;" and
(3) in the case of such certificates written at issue age above
sixty-five years, contain the following provision:
"No claim for benefits provided in this certificate shall be reduced
or denied on the ground that a disease or physical condition had existed
prior to the effective date of coverage of this certificate, except only
such disease or physical condition which is specifically eliminated by
rider, attached to this certificate, a copy which shall have been
furnished to the member and its receipt evidenced by a signed amendment
to the application for such certificate."