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

(b)  Every issuer providing medicare supplementinsurance benefits to a resident of this State shall file with the commissionera copy of the policy and any certificate used in this State, including copiesof any riders or endorsements of applications which may be attached to or madea part of the policy.  The commissioner may require a certification from theissuer that, to the best of the certifier's knowledge and belief, the filingcomplies with the minimum standards established in the rules and all applicableHawaii laws and rules.

(c)  Every issuer providing medicare supplementpolicies or certificates in this State shall file annually its rates, ratingschedule, and supporting documentation demonstrating that it is in compliancewith the applicable loss ratio standards of this State.  The commissioner mayrequire the issuer to submit a certification by a qualified actuary that thepremium rates, to the best of the actuary's knowledge and belief, are in accordancewith the loss ratio standards adopted by rule.

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

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

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

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

(e)  A policy or certificate shall be deemed approvedif:

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

(2)  It has not been disapproved earlier thansixty-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 givewritten notice to the issuer of the commissioner's approval of a policy orcertificate or, if a policy or certificate is disapproved or approval iswithdrawn, of such disapproval or withdrawal together with the reasons for itand of the procedure by which the issuer may request and be granted a hearingon the merits of such action.

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