| (a) Submission. Companies shall submit one copy of the filing to the Filings Intake Division at the address set forth in §3.3(a) of this subchapter (relating to Transmittal Information). A filing submitted electronically shall be submitted in such form and format as determined by the department. (b) Contact Person. A company submitting a filing to the department shall: (1) have one person designated as the contact person for that filing; (2) provide the contact person's name, address, telephone number, and if available, fax number on the transmittal checklist or transmittal form; (3) provide, for any filing submitted by anyone other than the company, a dated letter of specific authorization which shall: (A) designate the consulting firm, actuary, legal counsel, or other person as the designated contact person for that filing; and (B) be signed by an officer of the company or a person with authority to bind the company; and (4) notify the department immediately of any change of information with regard to the contact person for a pending filing, regardless of whether the contact person is the company's employee or other authorized representative. (c) Form Specifications. Any filing submitted pursuant to this subchapter shall comply with the following: (1) Filings submitted in paper format shall: (A) be submitted on 8 1/2 by 11 inch paper; (B) not be submitted in bound booklets; (C) be legible; (D) be in typewritten, computer generated, or printer's proof format; and (E) not contain any color highlighting. (2) Any form submitted shall be designated by a form number that: (A) is sufficient to distinguish it from all other forms used by the company; (B) is located in the lower left-hand corner of the cover page or on the first page of the form if the form number is visible with the cover closed; (C) has the additional identifying form number requirements set forth in Subchapter FF of this chapter (relating to Credit Life and Accident and Health Insurance), if the form is submitted for consideration pursuant to Insurance Code Article 3.53; and (D) has the additional identifying form number requirements set forth in §26.14(g) of this title (relating to Coverage), if the form is submitted for consideration pursuant to Insurance Code Chapter 26. (d) Specimen Language and Specimen Fill-in Material. (1) For all forms, specimen language and fill-in material shall reflect the most restrictive option available under variability. Additional descriptions of variability options shall be provided upon request or as otherwise required. (2) Life and annuity forms shall be completed with fill-in material for specimen age 35. If the form is not issued at age 35, the fill-in material shall be completed for the youngest age at which the form may be issued. If reduced death benefits are provided for any age at issue, the specimen form shall be filled in for the age at issue for which the greatest reduction in benefits is made. The fill-in material shall be for the longest premium paying period available under the form. (e) Variable Material. (1) For all forms, any variable material in a form shall be bracketed and shall contain a clear explanation of how the material will vary. It is acceptable for certain materials to vary due solely to the age, sex, classification of the insured, plan type such as 403(b) and IRA, telephone numbers, and addresses depending on the manner in which the company intends to use the variations. The unique form number on a form may not be bracketed as variable. (2) For individual life forms, the text and specifications of non-forfeiture assumptions generally cannot be considered variable material. (f) Matrix Filings. Policies, certificates, contracts, or applications may be submitted as a matrix filing. Any company submitting a matrix filing: (1) shall identify each provision with a unique form number that: (A) is sufficient to distinguish it from all other provisions used by the company; and (B) is located at the lower left-hand corner of the provision; (2) may use the same provision filed under one form number for all products, provided the language is applicable to each product; however, any changes in the language to comply with the requirements for each product will require a unique form number; (3) shall list the form number for each provision on the transmittal checklist and provide a statement indicating how the provision will be used and the type of product for which the provision will be used; and (4) shall provide the certifications required in §3.6(a)(8) of this subchapter (relating to Certifications, Attachments, and Additional Information Requirements). (g) Insert Page Filings. Policies, certificates, and contracts may be submitted with insert pages, or an insert page may be filed subsequent to the approval of a policy, certificate, or contract. Any company submitting an insert page filing: (1) shall identify each insert page with a unique form number that: (A) is sufficient to distinguish it from all other forms used by the company; and (B) is located in the lower left-hand corner of the page; (2) may use the same insert page filed under one form number for all products, provided the language is applicable to each product type; however, any changes in the language to comply with the requirements for each product type will require a unique form number; (3) may use the same insert page to replace an existing page of a previously approved or exempted contract, if used in this manner, the replaced page, as originally filed, must reflect a unique form number that distinguishes it from the other pages of the form or contract; (4) shall list the form number for each insert page on the transmittal checklist and provide a statement indicating how the insert page will be used and the type of product for which the insert page will be used; and (5) shall provide the certifications required in §3.6(a)(8) of this subchapter. (h) Limited, Partial Re-filings. Limited, partial refilings shall contain the change and any additional actuarial information necessary for a comprehensive review of the filing(s). (i) Outline of Coverage. An outline of coverage shall be filed with each individual accident and health policy, group or individual Medicare supplement policy and/or certificate, or group or individual long-term care policy and/or certificate. (j) Supplemental Coverages. (1) Individual accident and health forms submitted pursuant to §3.3080 of this title (relating to Supplemental Coverage) shall be accompanied by the certification required in §3.6(a)(7) of this subchapter; (2) Group life forms submitted pursuant to Insurance Code Article 3.50 §1(1) or (5) shall be accompanied by the certification required in §3.6(a)(7) of this subchapter. (k) Complete Submission of Policy or Contract Forms. For a submission to be considered complete, the submission shall include the following: (1) the toll-free notice unless the company is exempt under §1.601(c) of this title (relating to Notice of Toll-Free Telephone Numbers and Information and Complaint Procedures) or has on file a toll-free notice which is current with the requirements set forth in §1.601 of this title; (2) the application, if applicable; (3) in the case of group policies or contracts, the certificate; (4) any rider which will or can be included in all issues of the form; and (5) disclosures and other information, if applicable. (l) Riders Included with Filing. For any rider included with the policy or contract filing, indicate whether the rider is to be used: (1) only with the policy being filed; or (2) with other clearly identified previously approved or exempted forms. (m) Previously Approved or Exempted Forms. Any previously approved or exempted form (e.g., application or rider) to be used with the policy or contract filing need not be resubmitted; however, the filing shall indicate the type of form (e.g., rider, policy, application, etc.), form number, and the approval or exemption date of the previously approved or exempted form. If there is a change in the use of the previously approved or exempted form, the filing must state the form number of the form(s) with which the previously approved or exempted form was designed to be exclusively used, as well as the updated forms list. Cont'd... |
