4512 - Accident and health and disability insurance certificates; compliance with rules and regulations.

§  4512.  Accident  and  health and disability insurance certificates;  compliance with rules and  regulations.  (a)  No  certificate  or  other  evidence  of  any  contract  of  accident  insurance,  disability income  insurance, or health insurance or of any total and permanent  disability  insurance  and  no  application  or  rider  or  endorsement  for  use in  connection therewith shall be delivered or issued for delivery  in  this  state   unless   it  conforms  with  reasonable  rules  and  regulations  prescribed by the superintendent  and  contains  a  provision  that  the  rights  or  obligations of the insured member under any such certificate  or other evidence of such contract, or of any person rightfully claiming  thereunder, shall be governed by the laws of this state. Pursuant to the  foregoing provisions the superintendent shall have power, from  time  to  time  to  make,  alter  and  supersede  reasonable rules and regulations  prescribing the required, optional and  prohibited  provisions  in  such  contracts,  and  such  rules  and  regulations  shall conform, as far as  practicable, to the provisions of section  three  thousand  two  hundred  fifteen of this chapter or of section three thousand two hundred sixteen  of this chapter, whichever shall be applicable. Where the superintendent  deems  inapplicable, either in part or in their entirety, the provisions  of the aforesaid sections, he may prescribe the portions, or  a  summary  thereof,  of the contract to be printed in the certificate issued to the  member.    (b) Anything in this article to  the  contrary  notwithstanding,  each  certificate  of  hospitalization expense benefits or surgical or medical  expense benefits delivered or issued for delivery in this state  to  any  member individually or as the head of a family shall:    (1)  stipulate  a  premium  determined  on the basis of the age of the  member, which premium shall be subject to change only if the premiums on  all outstanding certificates in the same class are changed in accordance  with the standards which  shall  have  been  established  prior  to  the  issuance  of  the  certificate  for the determination of the increase or  decrease in the premiums and are  on  file  with  and  approved  by  the  superintendent,    (2)  contain the following provisions under the caption "Incontestable  and Guaranteed Renewable":    "After this certificate has been in force for a  period  of  one  year  from  the  date  of  issue,  it  shall  become  incontestable  as to the  statements contained in the application and the member  shall  have  the  right  to  continue  the same in force, subject to the timely payment of  premiums and the conditions of  the  certificate  relating  to  military  service;" and    (3)  in  the  case  of  such  certificates  written at issue age above  sixty-five years, contain the following provision:    "No claim for benefits provided in this certificate shall  be  reduced  or denied on the ground that a disease or physical condition had existed  prior to the effective date of coverage of this certificate, except only  such  disease  or physical condition which is specifically eliminated by  rider, attached to this  certificate,  a  copy  which  shall  have  been  furnished  to the member and its receipt evidenced by a signed amendment  to the application for such certificate."