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| Montana Administrative Register Notice 6-287 | No. 6 03/22/2024 | |
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BEFORE THE COMMISSIONER OF SECURITIES AND INSURANCE OFFICE OF THE MONTANA STATE AUDITOR
TO: All Concerned Persons
1. The Commissioner of Securities and Insurance, Office of the Montana State Auditor (CSI) proposes to amend the above-stated rules.
2. CSI will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require accommodation, contact CSI no later than 5:00 p.m. on April 2, 2024, to advise us of the nature of the accommodation that you need. Please contact Laura Shirtliff, Creative and Digital Services Director, 840 Helena Avenue, Helena, Montana, 59601; telephone (406) 444-2040 or 1-800-3326148; fax (406) 444-3413; TDD (406) 444-3246; or e-mail csi@mt.gov.
3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:
6.6.509 REQUIRED DISCLOSURE PROVISIONS (1) through (9) remain the same. (10) The CSI adopts and incorporates by reference the National Association of Insurance Commissioners (NAIC) Model Regulation to Implement the NAIC Medicare Supplement Insurance Minimum Standards Model Act (11) and (12) remain the same.
AUTH: 33-1-313, 33-22-904, 33-22-907, MCA IMP: 33-15-303, 33-22-902, 33-22-904, 33-22-907, MCA
4. REASON: The Commissioner of Securities and Insurance, Montana State Auditor, Troy Downing (commissioner) is the statewide elected official responsible for administering the Montana Insurance Code and regulating the business of insurance. The National Association of Insurance Commissioners (NAIC) is an organization of insurance regulators from the 50 states, the District of Columbia, and the U.S. Territories; it provides a forum for the development of uniform policy and regulation when uniformity is appropriate. To ensure uniformity with other states, the incorporation by reference of this portion of the NAIC Model Regulation to Implement the NAIC Medicare Supplement Insurance Minimum Standards Model Act (MDL-651) has been updated to adopt the most recent updates to the referenced forms, disclosures, and outlines. Further, the NAIC MDL-651 uses seriatim asterisks (*, **, ***, etc.) to note internal references, and inconsistently puts the referenced text not just at the bottom (or end) of a document but also and alternatively at the top (or beginning). To lessen confusion, the commissioner proposes to allow seriatim asterisks to be replaced with numbers and to allow the location of the asterisked or numbered text to be moved to the bottom of a page (footnote) or end of a document (endnote).
5. Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: Laura Shirtliff, Creative and Digital Services Director, 840 Helena Avenue, Helena, Montana, 59601; telephone (406) 444-2040 or 1-800-332-6148; fax (406) 444-3413; TDD (406) 444-3246; or e-mail CSI@mt.gov, and must be received no later than 5:00 p.m., April 19, 2024.
6. If persons who are directly affected by the proposed actions wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Laura Shirtliff at the above address no later than 5:00 p.m., April 19, 2024.
7. If the agency receives requests for a public hearing on the proposed actions from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed actions; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 9 persons based on 84 companies having made an annual rate filing to write Medicare Supplement insurance in 2023.
8. CSI maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list must make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Written requests may be mailed or delivered to the contact person in paragraph 6 or made by completing a request form at any rules hearing held by CSI.
9. An electronic copy of this proposal notice is available through the Secretary of State's website at http://sosmt.gov/ARM/Register.
10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
11. With regard to the requirements of 2-4-111, MCA, CSI has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.
/s/ Kirsten Madsen /s/ Ole Olson Kirsten Madsen Ole Olson Rule Reviewer Chief Legal Counsel Commissioner of Securities and Insurance, Office of the Montana State Auditor
Certified to the Secretary of State March 12, 2024.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact sosarm@mt.gov.
