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  • December 11, 2018 9:44 AM | Brittany Mlynek (Administrator)

    Hannover Rück SE of Hannover, Germany has applied for renewal of its designation as a certified reinsurer in this Commonwealth. The application was received on November 14, 2018, and was made under section 319.1(a) of The Insurance Company Law of 1921 (40 P.S. § 442.1(a)) and 31 Pa. Code § 161.3a (relating to requirements for certified reinsurers).

     Persons who wish to comment on the application are invited to submit a written statement to the Insurance Department (Department) within 30 days from the date of this issue of the Pennsylvania Bulletin. Each written statement must include name, address and telephone number of the interested party; identification of the application to which the statement is addressed; and a concise statement with sufficient detail and relevant facts to inform the Department of the exact basis of the statement. Written statements should be directed to Kimberly A. Rankin, Director, Bureau of Company Licensing and Financial Analysis, Insurance Department, 1345 Strawberry Square, Harrisburg, PA 17120, fax (717) 787-8557, krankin@pa.gov. Comments received will be forwarded to the applicant for appropriate response.

    JESSICA K. ALTMAN, 
    Insurance Commissioner

    [Pa.B. Doc. No. 18-1877. Filed for public inspection November 30, 2018, 9:00 a.m.]

    [48 Pa.B. 7496]
    [Saturday, December 1, 2018]


  • December 11, 2018 9:43 AM | Brittany Mlynek (Administrator)

     XL Bermuda Ltd. has applied for designation as a certified reinsurer in this Commonwealth. The application was received on November 19, 2018, and was made under section 319.1(a) of The Insurance Company Law of 1921 (40 P.S. § 442.1(a)) and 31 Pa. Code § 161.3a (relating to requirements for certified reinsurers).

     Persons who wish to comment on the application are invited to submit a written statement to the Insurance Department (Department) within 30 days from the date of this issue of the Pennsylvania Bulletin. Each written statement must include name, address and telephone number of the interested party; identification of the application to which the statement is addressed; and a concise statement with sufficient detail and relevant facts to inform the Department of the exact basis of the statement. Written statements should be directed to Kimberly A. Rankin, Director, Bureau of Company Licens-ing and Financial Analysis, Insurance Department, 1345 Strawberry Square, Harrisburg, PA 17120, fax (717) 787-8557, krankin@pa.gov. Comments received will be forwarded to the applicant for appropriate response.

    JESSICA K. ALTMAN, 
    Insurance Commissioner

    [Pa.B. Doc. No. 18-1876. Filed for public inspection November 30, 2018, 9:00 a.m.]

    [48 Pa.B. 7495]
    [Saturday, December 1, 2018]

  • December 11, 2018 9:42 AM | Brittany Mlynek (Administrator)

     The following insured has requested a hearing as authorized by the act of June 17, 1998 (P.L. 464, No. 68) (Act 68) in connection with the termination of the insured's automobile insurance policy. The hearing will be held in accordance with the requirements of Act 68; 2 Pa.C.S. §§ 501—508, 561—588 and 701—704 (relating to Administrative Agency Law); 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure); and 31 Pa. Code §§ 56.1—56.3 (relating to Special Rules of Administrative Practice and Procedure). This administrative hearing will be held as follows. Failure by the appellant to appear at the scheduled hearing may result in dismissal with prejudice.

     The following hearing will be held in the Administrative Hearings Office, Room 200, Capitol Associates Building, 901 North Seventh Street, Harrisburg, PA 17102.

     Appeal of Frederick T. Altland, Jr.; Erie Insurance Exchange; File No. 18-118-229656; Doc. No. P18-11-010; January 9, 2019, 10 a.m.

     Following the hearing and receipt of the stenographic transcript, the Insurance Commissioner (Commissioner) will issue a written order resolving the factual issues presented at the hearing and stating what remedial action, if any, is required. The Commissioner's Order will be sent to those persons participating in the hearing or their designated representatives. The Order of the Commissioner may be subject to judicial review by the Commonwealth Court.

     Persons with a disability who wish to attend the previously-referenced administrative hearing and require an auxiliary aid, service or other accommodation to participate in the hearing, should contact Joseph Korman, (717) 787-4429, jkorman@pa.gov.

    JESSICA K. ALTMAN, 
    Insurance Commissioner

    [Pa.B. Doc. No. 18-1912. Filed for public inspection December 7, 2018, 9:00 a.m.]

    [48 Pa.B. 7595]
    [Saturday, December 8, 2018]

  • December 11, 2018 9:41 AM | Brittany Mlynek (Administrator)

     On November 27, 2018, the Insurance Department received from the Coal Mine Compensation Rating Bureau (Bureau) a filing for a loss cost level change for workers' compensation insurance. This filing was made in accordance with section 705 of the Workers' Compensation Act (77 P.S. § 1035.5).

     The Bureau requests an overall 10.3% increase in loss costs, effective April 1, 2019, on a new and renewal basis. Additionally, the Bureau has calculated the Employer Assessment Factor effective April 1, 2019, to be 1.83%, as compared to the currently approved provision of 2.18%.

     The entire April 1, 2019, loss cost filing is available for review on the Bureau's web site at www.cmcrbpa.com under ''Filings.''

     Interested parties are invited to submit written comments, suggestions or objections to Eric Zhou, Insurance Department, Office of Insurance Product Regulation, 1311 Strawberry Square, Harrisburg, PA 17120, gzhou@pa.gov, within 30 days after publication of this notice in the Pennsylvania Bulletin.

    JESSICA K. ALTMAN, 
    Insurance Commissioner

    [Pa.B. Doc. No. 18-1911. Filed for public inspection December 7, 2018, 9:00 a.m.]

    [48 Pa.B. 7595]
    [Saturday, December 8, 2018]

  • December 11, 2018 9:40 AM | Brittany Mlynek (Administrator)

     Guardian Elder Care at Taylor, LLC has applied for a Certificate of Authority to operate a Continuing Care Retirement Community at Riverside Healthcare and Rehabilitation Center in Taylor, PA. The initial filing was received on November 19, 2018, and was made under the Continuing-Care Provider Registration and Disclosure Act (40 P.S. §§ 3201—3225).

     Persons wishing to comment on the grounds of public or private interest to the issuance of a Certificate of Authority are invited to submit a written statement to the Insurance Department (Department) within 15 days from the date of this issue of the Pennsylvania Bulletin. Each written statement must include name, address and telephone number of the interested party; identification of the application to which the statement is addressed; and a concise statement with sufficient details to inform the Department of the exact basis of the statement. Written statements should be directed to Karen M. Feather, Insurance Department, 1345 Strawberry Square, Harrisburg, PA 17120, fax (717) 787-8557, kfeather@pa.gov.

    JESSICA K. ALTMAN, 
    Insurance Commissioner

    [Pa.B. Doc. No. 18-1910. Filed for public inspection December 7, 2018, 9:00 a.m.]


    [48 Pa.B. 7595]
    [Saturday, December 8, 2018]

  • December 11, 2018 9:39 AM | Brittany Mlynek (Administrator)

     Guardian Elder Care at Nanticoke II, LLC has applied for a Certificate of Authority to operate a Continuing Care Retirement Community at Birchwood Healthcare and Rehabilitation Center in Nanticoke, PA. The initial filing was received on November 19, 2018, and was made under the Continuing-Care Provider Registration and Disclosure Act (40 P.S. §§ 3201—3225).

     Persons wishing to comment on the grounds of public or private interest to the issuance of a Certificate of Authority are invited to submit a written statement to the Insurance Department (Department) within 15 days from the date of this issue of the Pennsylvania Bulletin. Each written statement must include name, address and telephone number of the interested party; identification of the application to which the statement is addressed; and a concise statement with sufficient details to inform the Department of the exact basis of the statement. Written statements should be directed to Karen M. Feather, Insurance Department, 1345 Strawberry Square, Harrisburg, PA 17120, fax (717) 787-8557, kfeather@pa.gov.

    JESSICA K. ALTMAN, 
    Insurance Commissioner

    [Pa.B. Doc. No. 18-1909. Filed for public inspection December 7, 2018, 9:00 a.m.]

    [48 Pa.B. 7594]
    [Saturday, December 8, 2018]

  • December 11, 2018 9:38 AM | Brittany Mlynek (Administrator)

     The proceedings in this matter will be governed by 2 Pa.C.S. §§ 501—508, 561—588 and 701—704 (relating to Administrative Agency Law), 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) and any other relevant provisions of law.

     A prehearing telephone conference initiated by this office is scheduled for January 10, 2019, at 10 a.m. Each party shall provide the Hearings Administrator a telephone number to be used for the telephone conference on or before January 8, 2019. A date for a hearing shall be determined, if necessary, at the prehearing/settlement conference.

     Protests, petitions to intervene, notices of appearance or notices of intervention, if any, must be filed with the Hearings Administrator at the Administrative Hearings Office, Room 200, Capitol Associates Building, 901 North Seventh Street, Harrisburg, PA 17102 on or before December 21, 2018. Answer to protests, petitions to intervene or notices of intervention, if any, shall be filed on or before January 8, 2019.

     Persons with a disability who wish to attend the previously-referenced administrative proceedings and require an auxiliary aid, service or other accommodation to participate in the hearing should contact Joseph Korman, (717) 787-4429, jkorman@pa.gov.

    JESSICA K. ALTMAN, 
    Insurance Commissioner

    [Pa.B. Doc. No. 18-1908. Filed for public inspection December 7, 2018, 9:00 a.m.]

    [48 Pa.B. 7594]
    [Saturday, December 8, 2018]

  • November 27, 2018 10:00 AM | Brittany Mlynek (Administrator)

     Under Article VI-A of The Insurance Department Act of 1921 (40 P.S. §§ 310.1—310.99a), Eric Velazquez has appealed the denial of an application for an insurance producer's license. The proceedings in this matter will be governed by 2 Pa.C.S. §§ 501—508, 561—588 and 701—704 (relating to Administrative Agency Law), 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) and 31 Pa. Code Chapter 56 (relating to Special Rules of Administrative Practice and Procedure).

     A prehearing telephone conference initiated by this office is scheduled for December 19, 2018, at 9:30 a.m. Each party shall provide the Hearings Administrator a telephone number to be used for the telephone conference on or before December 17, 2018. A date for a hearing shall be determined, if necessary, at the prehearing/settlement conference.

     Protests, petitions to intervene or notices of intervention, if any, must be filed on or before December 4, 2018, with the Hearings Administrator, Administrative Hearings Office, Capitol Associates Building, Room 200, 901 North Seventh Street, Harrisburg, PA 17102. Answer to protests, petitions to intervene or notices of intervention, if any shall be filed on or before December 17, 2018.

     Persons with a disability who wish to attend the previously referenced administrative hearing and require an auxiliary aid, service or other accommodations to participate in the hearing should contact Joseph Korman, (717) 787-4429, jkorman@pa.gov.

    JESSICA K. ALTMAN, 
    Insurance Commissioner

    [Pa.B. Doc. No. 18-1810. Filed for public inspection November 16, 2018, 9:00 a.m.]

    [48 Pa.B. 7285]
    [Saturday, November 17, 2018]

  • November 27, 2018 9:59 AM | Brittany Mlynek (Administrator)

     Transamerica Life Insurance Company is requesting approval to increase the premium 42.33% on 319 policyholders with form ICC10 TLC-3.

     Unless formal administrative action is taken prior to January 31, 2019, the subject filing may be deemed approved by operation of law.

     A copy of the filing is available on the Insurance Department's (Department) web site at www.insurance.pa.gov (hover the cursor over the ''Consumers'' tab, then select ''Long Term Care Rate Filings'').

     Copies of the filing are also available for public inspection, by appointment, during normal working hours at the Department's Harrisburg office.

     Interested parties are invited to submit written comments, suggestions or objections to James Laverty, Actuary, Insurance Department, Insurance Product Regulation, Room 1311, Strawberry Square, Harrisburg, PA 17120, jlaverty@pa.gov within 30 days after publication of this notice in the Pennsylvania Bulletin.

    JESSICA K. ALTMAN, 
    Insurance Commissioner

    [Pa.B. Doc. No. 18-1809. Filed for public inspection November 16, 2018, 9:00 a.m.]

    [48 Pa.B. 7285]
    [Saturday, November 17, 2018]

  • November 27, 2018 9:59 AM | Brittany Mlynek (Administrator)

     On August 3, 2018, the Internal Revenue Service, Department of the Treasury; Employee Benefits Security Administration, United States Department of Labor; and Centers for Medicare & Medicaid Services, United States Department of Health and Human Services issued a final rule ''amend[ing] the definition of short-term, limited-duration insurance for purposes of its exclusion from the definition of individual health insurance coverage.''1

     The 2018 STLDI Rule became effective October 2, 2018, and requires that any short-term limited-duration insurance (STLDI) policy issued on or after that date display specified notice language. Under the act of December 22, 2011 (P.L. 614, No. 134) (Act 134)2 , policy forms issued in this Commonwealth are required to be filed with the Insurance Department (Department) prior to use, unless exempted from form filing by the Commissioner.3 Because no form for STLDI currently approved and in use prior to October 2, 2018, contained the notice language required by the 2018 STLDI Rule, all STLDI forms intended for use on or after October 2, 2018, must be filed with the Department, ''no less than 45 days, or a shorter period of time as the Department may establish, prior to their effective dates.''4

     Therefore, in Notice 2018-08, published at 48 Pa.B. 5580 (September 1, 2018), the Department provides guidance for STLDI forms that have been previously approved by the Department and are compliant with the pre-October 2, 2018, Federal definition of STLDI, for which there is no change to the form other than the addition of the requisite notice language. The pre-October 2, 2018, Federal definition of STLDI specifies that the policy ''has an expiration date specified in the contract (taking into account any extensions that may be elected by the policyholder with or without the issuer's consent) that is less than 3 months after the original effective date of the contract.''5 Thus, a ''pre-October 2, 2018 compliant STLDI form'' is a previously approved policy form that has a maximum duration of less than 3 months and is nonrenewable.

     If an insurance entity (insurer) seeks to continue marketing and issuing, on or after October 2, 2018, a pre-October 2, 2018, compliant STLDI form, and is not making any changes other than as necessary to add the notice language required by the 2018 STLDI Rule, the policy form will be exempt from the 45-day prior approval filing requirement of Act 134 if the insurer files with the Department the policy form with a Certification executed by an authorized representative of the insurer substantially identical to the Certification form as follows as Attachment A. Attachment A is also available on the Department's web site at www.insurance.pa.gov.

     This notice is revised to specifically include group STLDI forms. The Department is aware that certain insurers may seek to market and issue insurance in this Commonwealth, including STLDI, directly to in-state groups or through out-of-state association health plans and may consider that coverage as large group coverage not currently subject to form filing with the Department. By separate notice, the Department has laid out current and prospective form filing requirements for STLDI. By this notice, the Department confirms that the safe harbor previously set forth for pre-October 2, 2018, compliant STLDI forms is applicable to group STLDI forms just as it is for individual STLDI forms.

     Policy forms, whether for individual or group coverage, that are not pre-October 2, 2018, compliant STLDI forms, or that are currently in use but may not have been previously approved or for which the insurer is making changes beyond merely those necessary to add the notice language required by the 2018 STLDI Rule, must comply with the filing requirements of Act 134 and the form filing requirements set forth in Notice 2018-10.

     Finally, although the pre-October 2, 2018, compliant STLDI forms subject to this notice may have been previously approved by the Department for use on or after October 2, 2018, those forms, like all STLDI forms used in this Commonwealth, remain subject to, and must comply in all respects with, the Commonwealth's insurance laws and regulations, and the Department retains its ability to take enforcement actions and seek any available remedy for noncompliant forms.

     Questions regarding this notice may be directed to Tracie Gray, Director, Bureau of Accident and Health, Insurance Department, 1311 Strawberry Square, Harrisburg, PA 17120, RA-rateform@pa.gov.

    JESSICA K. ALTMAN, 
    Insurance Commissioner

    Attachment A

    PENNSYLVANIA ISSUER SHORT-TERM LIMITED-DURATION INSURANCE CERTIFICATION FORM

    Name of Insurer:
    NAIC #:
    Policy Form #:

    CERTIFICATION

     I hereby certify that the Short-Term Limited-Duration Insurance (STLDI) policy form referenced above and attached hereto:

     (1) Was approved by the Pennsylvania Insurance Department on ______ [date];

     (2) Complies with the federal definition of STLDI in effect prior to October 2, 2018, being a form that ''has an expiration date specified in the contract (taking into account any extensions that may be elected by the policyholder with or without the issuer's consent) that is less than 3 months after the original effective date of the contract'' (45 Fed. Reg. § 144.103, as promulgated at 81 Fed. Reg. 75316 et seq., October 31, 2016) that is, has a maximum duration of less than 3 months and is non-renewable;

     and

     (2) For which no change is being made to the form other than as necessary to add the notice language required by the 2018 STLDI Rule effective October 2, 2018, 83 Fed. Reg. 38212 et seq. (August 3, 2018).

     The information set forth in this Certification, to the best of my knowledge, information and belief, is true, correct, and complete.

    ______ _________________
    Date Name of Authorized Representative of the Insurer
    _________________
    Signature of Authorized Representative of the Insurer
    [Pa.B. Doc. No. 18-1808. Filed for public inspection November 16, 2018, 9:00 a.m.]

    _______

    1  Short-Term Limited-Duration Insurance Final Rule, 83 FR 38212 (August 3, 2018) (2018 STLDI Rule).

    2  40 P.S. §§ 3801.301 et seq.

    3  40 P.S. § 3801.303(a) and (b); see also Notice 2016-01—Revised 46 Pa.B. 2744 (May 28, 2016).

    4  40 P.S. § 3801.303(a).

    5  45 CFR § 144.103 (as promulgated at 81 FR 75316 (October 31, 2016).


    [48 Pa.B. 7284]
    [Saturday, November 17, 2018]

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