Section 21.39.041. Prior approval.

   (a) Except for workers' compensation prospective loss cost filings and workers' compensation assigned risk pool rates by a rating organization under AS 21.39.043, an insurer or rating organization shall file medical malpractice, workers' compensation and assigned risk plan rating systems as specified in AS 21.39.040(a) with the director for review and approval prior to use. Each filing shall be on file for a waiting period of 15 days before it becomes effective. This period may be extended by the director for an additional period not to exceed 15 days if the director gives written notice within the waiting period to the insurer or rating organization that made the filing stating that additional time for the consideration of the filing is required. The director shall approve the filing upon a determination that the filing meets the requirements of this title.
   (b) The filing must include the effective date. In place of a specific date, the insurer or rating organization may specify a reasonable time period after approval for the filing to be effective.
   (c) Upon written application by the insurer or rating organization, the director may authorize a filing that the director has approved to become effective before the expiration of the waiting period. A filing shall be considered to meet the requirements of this title unless disapproved by the director within the waiting period.
   (d) If the insurer or rating organization fails to provide information requested by the director under AS 21.39.040(d) within 30 days after the director requests the information, the response period may be extended by the director for an additional 15 days upon written application of the insurer or rating organization within the initial 30-day response period. The director shall consider the failure to provide information as a request by the insurer or rating organization to withdraw the filing from further consideration.
   (e) A filing and supporting information shall be open to public inspection after the filing becomes effective.
   (f) If, within the review period provided for in (a) of this section, the director finds that a filing does not meet the requirements of this title, the director shall send to the insurer or rating organization that made the filing written notice of disapproval of the filing specifying in what respects the filing fails to meet the requirements of this title and stating that the filing may not become effective.

Authorities

21.09.110;21.39.040;21.39.050

Notes

Implemented As

3 AAC 31.200
3 AAC 31.205
3 AAC 31.210
3 AAC 31.215
3 AAC 31.217
3 AAC 31.225
3 AAC 31.230
3 AAC 31.240

References

3 AAC 31.210
3 AAC 31.215
3 AAC 31.225
AS 21.09.110 Application for certificate of authority.
AS 21.39.040 Rate filings.
AS 21.39.050 Disapproval of filings.

History

(Sec. 5 ch 88 SLA 2005)