2016 Kentucky Revised Statutes CHAPTER 304 - INSURANCE CODE Subtitle 32 - Nonprofit Hospital, Medical-Surgical, Dental and Health Service Corporations 304.32-160 Forms and schedules of charges -- Filing and approval.
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304.32-160 Forms and schedules of charges -- Filing and approval.
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On or after June 18, 1970, no corporation subject to the provisions of this subtitle
shall deliver or issue for delivery in this state any subscription certificate or
membership certificate describing health benefits available, or any indorsement,
rider, or application which becomes a part thereof, or the schedule of rates, dues,
fees, or other periodic charges, to be paid by subscribers or members, until a copy of
such form has been filed with and approved by the commissioner.
At the expiration of thirty (30) days the form so filed shall be deemed approved
unless prior thereto it has been affirmatively approved or disapproved by order of
the commissioner, or a hearing has been scheduled by order of the commissioner. In
the event that a hearing is held, the thirty (30) day waiting period shall begin anew
after the close of such hearing. Approval of any such form by the commissioner
shall constitute a waiver of any unexpired portion of such waiting period. The
commissioner may extend by not more than an additional thirty (30) day period
within which the commissioner may so affirmatively approve or disapprove any
such form, by giving notice to the insurer of such extension before expiration of the
initial thirty (30) day period. At the expiration of any such period as so extended,
and in the absence of such prior affirmative approval or disapproval, any such form
shall be deemed approved. The commissioner may at any time withdraw any such
approval. Any notice of the commissioner withdrawing a previous approval shall
state the grounds therefor and the particulars thereof in such detail as reasonable to
inform the insurer thereof. Any such withdrawal of a previously approved form
shall be effective at the expiration of such period, not less than thirty (30) days after
the giving of the notice of withdrawal, as the commissioner shall in such notice
prescribe.
The commissioner's order disapproving any form or withdrawing previous approval
shall state the grounds for disapproval or withdrawal.
The commissioner may, by order, exempt from the requirements of this section for
so long as he or she deems proper, any document or form specified in the order, to
which in his or her opinion this section may not practicably be applied, or the filing
and approval of which are, in his or her opinion, not desirable or necessary for the
protection of the public.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1420, effective July 15, 2010. -Amended 1982 Ky. Acts ch. 320, sec. 35, effective July 15, 1982. -- Amended 1980
Ky. Acts ch. 187, sec. 22, effective July 15, 1980. -- Amended 1978 Ky. Acts ch.
155, sec. 147, effective June 17, 1978. -- Created 1970 Ky. Acts ch. 301, subtit. 32,
sec. 16, effective June 18, 1970.
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