Checklist for Property and Casualty filings

As part of the Division of Insurance's ("Division") efforts to improve its ability to timely and efficiently review insurance policies, other related forms, and rate filings submitted for approval or review, the Division has created a series of checklists for a variety of property and casualty products. Each checklist delineates the product requirements and prohibitions of applicable Massachusetts statutes and regulations

Effective July 1, 2001, all property and casualty filings must be accompanied by a copy of those portions of the checklist that are relevant to the filing. The property and casualty checklists are located on the Division's web site at www.state.ma.us/doi. All items contained in the checklists that are relevant to the filing must be completed in full, indicating where in the company's filing (page and paragraph number) the checklist requirement is satisfied.

Source: State of Massachusetts Division of Insurance

Provision of Insurance Electronically

As the provision of insurance products and services to consumers electronically increases, some legal and compliance issues for insurers, producers, and other regulated entities have arisen specific to this medium. This Bulletin is intended to provide guidance on a number of these issues that have been identified at the moment. Further guidance will be provided as the medium and the structure of the industry's involvement with this medium evolves.

Some of the items addressed in this Bulletin include electronic signatures, Jurisdiction and Licensing, Advertising, Record Retention and Privacy

Source: State of Ohio

On June 1, 2001 the District of Columbia Department of Insurance and Securities Regulation (DISR) began requiring securities offerings sold in the District of Columbia to be registered with the Securities Bureau of DISR. The registration procedures for these offerings are designed to give investors full and fair disclosure of the offerings, including material risks associated with the investments.

"The implementation of the Securities Act of 2000, enacted last year by the D.C. Council, establishes the necessary mechanisms to govern and regulate securities offerings. This will protect prospective consumers in the District of Columbia and bring the District in line with other jurisdictions," said Lawrence H. Mirel, D.C. Insurance and Securities Commissioner. The District of Columbia will now join securities administrators in Maryland, Virginia and other neighboring states in joint processing of some securities issues that are offered to investors in the region.

Source: Washington District of Columbia Department of Insurance and Securities Regulation

Insurance and Safety Fire Commissioner John W. Oxendine urges citizens to obey Georgia law and avoid personal use of fireworks during the Fourth of July holiday. "Not only is there a strong possibility of personal injury, but also extensive propery damage caused by fireworks," Commissioner Oxendine said. "Wildfires in dry conditions can spread rapidly and cause millions of dollars in damage." "Besides the threat of fire, approximately 7,000 people are treated in hospital emergency rooms every year for fireworks-related injuries," Oxendine said. "Most of those incidents involve children."

Source: State of Georgia Insurance and Safety Fire Commissioner's Office

Privacy of Consumer Financial And Health Information

The purpose of this regulation governs the treatment of nonpublic personal health information and nonpublic personal financial information about individuals by all licensees of the Colorado Division of Insurance.

This regulation:

1. Requires a licensee to provide notice to individuals about its privacy policies and practices;
2. Describes the conditions under which a licensee may disclose nonpublic personal health information and nonpublic personal financial information about individuals to affiliates and nonaffiliated third parties; and
3. Provides methods for individuals to prevent a licensee from disclosing that information.

Source: State of Colorado

On June 4, 2001 Director Kathleen M. Wilbur announced that the Michigan Department of Consumer & Industry Services has issued a report addressing quality of care and life issues commonly found in nursing homes.

The report, "Clarification of Terms Used in Long Term Care Enforcement," analyzes how generally accepted clinical practice guidelines can be used to promote good practice and to clarify terms used in the oversight of nursing homes under state and federal law. The report stems from House Bill 5460 which was enacted in June, 2000.

"Implementation of the principles contained in the report will significantly improve communications in the survey process and benefit all of the stakeholders involved, including residents, their families, care providers and surveyors," Wilbur said. "The report will provide a framework to promote and recognize best practices to ensure that residents in long-term care facilities are receiving the highest standard of care possible."

Source: State of Michigan Department of Consumer and Industry Services

Oregon OSHA proposes to adopt Federal OSHA amendments as published in the Federal Register, January 18, 2001. In Oregon this affects OAR 437-002-1910.1030, Bloodborne Pathogens.

Source: State of Oregon

HOW STATE LAWS MEASURE UP

The Insurance Institute for Highway Safety recently rated the laws for all 50 states for DUI/DWI, Young driver licensing, Safety belt use, Child restraint use, Motorcycle helmet use, and Red light cameras. The laws were given a rating of Good, Acceptable, Marginal, or Poor. The area that had the most "poor ratings" was Red Light Cameras. The following is the method used to determine the rating for Red Light Cameras.

GOOD: law grants specific statewide authority for camera enforcement

ACCEPTABLE: operational camera enforcement without specific state authority

MARGINAL: law restricts authority for camera enforcement to specific communities only

POOR: no law grants authority for camera enforcement and no operational camera enforcement

Source: Insurance Institute for Highway Safety, Highway Loss Data Institute

The state Assembly approved the legislation 125-19 on Monday. The Senate passed it last week. Gov. George Pataki has said he will sign the bill. "We hope the people have enough respect for the law (that) they stop doing it now because it is a danger," Pataki said. "It is a distraction." For 30 days beginning November 1, violators will get a warning. As of December 1, they'll face fines of up to $100. The legislation would allow handheld cell phones to be used for emergencies.

Source: CNN.com

New York City

Who will be the next mayor of the big apple? If it is one of four Democratic candidates in the running, New York City may find itself with a new ergonomics standard.

Joel Shufro, executive director of the New York Committee for Occupational Safety and Health (NYCOSH) stated in a news release, "[New York City] now spends more than $125 million a year for workers' compensation costs."

Source: http://www.ergoweb.com/

The Department of Labor is scheduling several public forums around the country to discuss possible approaches to addressing ergonomic hazards in the workplace.

In testimony before Congress, Secretary of Labor Elaine L. Chao has set forth the following principles that the Department will use to guide its development of this new framework:

Prevention: The approach should, emphasize the prevention of injuries, before they occur.

Sound Science: The approach should be based on the best available science and research.

Incentive Driven: The approach should focus on cooperation between OSHA and employers.

Flexibility: The approach should take account of the varying capabilities and characteristics of different businesses and workers.

Feasibility: Future actions must recognize the costs of compliance to small businesses.

Clarity: Any approach must include short, simple and common sense instructions.