Section 26-A1910. GUIDE FOR FILING OF POLICY RATES AND FORMS

 

1910.1Each insurer shall submit, in duplicate, all proposed policy rates and forms for filing; one copy to be used by the Insurance Administration, the other to be used for acknowledgement, or approval purposes and returned to the insurer.

 

1910.2The proposed forms shall:

 

(a)State the name of the form and identifying information;

 

(b)State whether the form is a new form;

 

(c)State whether the form is intended to supersede another, and if so, the form number to be replaced; and

 

(d)State whether the form has been approved by the Insurance Department of the domicilary state, and if not, a statement that the form is not to be used in the domicilary state.

 

1910.3Within one hundred twenty (120) days after these regulations take effect, every insurer bound by the provisions of the Act which issues coverage in the District of Columbia shall file with the Commissioner all rates and rating plans, rules and classifications that it proposes to use in providing or offering the coverage required by the Act.

 

1910.4A policy, rate, rating plan, rule, or classification shall not be deemed complete unless accompanied by an actuarial memorandum.

 

1910.5The actuarial memorandum shall include, but not be limited to, a demonstration that the benefits and rating structure are no less than equal to the benefits and rating structures of the included coverage.

 

1910.6Each insurer shall file with the Commissioner any changes in rates and rating plans, rules and classifications related to coverage at least ninety (90) days prior to the date the changes will take effect.

 

1910.7The ninety (90) day time period referred to in §1910.6 shall commence on the date that all documentation required by the Commissioner shall have been submitted, including the policy forms and an actuarial memorandum which completely describes the rate, rating plan, or change in rates.

 

1910.8Whenever in the judgment of the Commissioner a rate or rating plan is excessive or a rule or classification is not in compliance with the Act, the Commissioner shall send to the insurer a written notice which includes the following:

 

(a)The action which the Commissioner proposes to take with respect to the subject rate, rating plan, rule, or classification;

 

(b)The insurer’s right to a hearing under the contested case provisions of the District of Columbia Administrative Procedure Act, D.C. Code §1-1509, provided that the insurer files a written request for a hearing within fifteen (15) days of receipt of the notice; and

 

(c)Notice that if the insurer does not timely request a hearing, the Commissioner may proceed to determine the matter and take the proposed action with or without a hearing.

 

source

Final Rulemaking published at 36 DCR 4922 (July 14, 1989).