§431:10A-309  Filings; approval of forms. 
(a)  No medicare supplement policy or certificate shall be delivered or issued
for delivery in this State after the date specified in rules adopted by the
commissioner unless the form of the policy or certificate is approved in
accordance with this section.



(b)  Every issuer providing medicare supplement
insurance benefits to a resident of this State shall file with the commissioner
a copy of the policy and any certificate used in this State, including copies
of any riders or endorsements of applications which may be attached to or made
a part of the policy.  The commissioner may require a certification from the
issuer that, to the best of the certifier's knowledge and belief, the filing
complies with the minimum standards established in the rules and all applicable
Hawaii laws and rules.



(c)  Every issuer providing medicare supplement
policies or certificates in this State shall file annually its rates, rating
schedule, and supporting documentation demonstrating that it is in compliance
with the applicable loss ratio standards of this State.  The commissioner may
require the issuer to submit a certification by a qualified actuary that the
premium rates, to the best of the actuary's knowledge and belief, are in accordance
with the loss ratio standards adopted by rule.



(d)  The commissioner may disapprove any policy
or certificate or withdraw approval of a previously approved policy or
certificate if the commissioner finds that:



(1)  It is not in accordance with applicable laws and
rules in any respect;



(2)  It is or it contains provisions which are
misleading, deceptive, inconsistent, or ambiguous; or



(3)  The benefits are unreasonable in relation to the
premium charge.



(e)  A policy or certificate shall be deemed approved
if:



(1)  It is in accordance with all applicable laws and
rules;



(2)  It has not been disapproved earlier than
sixty-one days after the date of filing;



(3)  It fully meets all filing requirements; and



(4)  It is received by the commissioner.



(f)  The commissioner shall promptly give
written notice to the issuer of the commissioner's approval of a policy or
certificate or, if a policy or certificate is disapproved or approval is
withdrawn, of such disapproval or withdrawal together with the reasons for it
and of the procedure by which the issuer may request and be granted a hearing
on the merits of such action.



(g)  The commissioner by rule may establish
requirements and procedures for medicare supplement filings. [L 1987, c 347, pt
of §2; am L 1990, c 84, §8; am L 1992, c 195, §8; am L 2004, c 122, §35]