Section 916.40  Filing Procedures

a)          Certificate of Compliance.  By December 31, 2005, each company doing business in the State of Illinois shall submit a Certificate of Compliance, as described in Section 916.50 and Exhibit A, for all policy forms previously approved by the Division. On or after January 1, 2006, this Certificate of Compliance will no longer be required.

b)         Forms Review. Each company shall file with the Director for approval each new policy form before it is issued or delivered. Beginning January 1, 2006, each filing shall be submitted:

1)         Directly through SERFF; or

2)         By submitting the filing to the Division on compact disc (CD). These submissions shall be consistent with the format prescribed by SERFF, which is contained in the user's guide posted on the Division's website. The Division will upload these CD submissions to SERFF on behalf of the company. The CD filing shall include, as separate PDFs on the CD, each of the following:

A)        A letter of submission giving a detailed description of:

i)          the purpose for the policy form and the manner in which it will be marketed;

ii)         a cross reference filing number for identical submissions made by affiliated companies.

B)        The policy forms. The text of each policy form shall be made out in "John Doe" fashion, bracketing any appropriate variable material.  The form number shall appear in the lower left-hand corner of the policy form to be approved, and shall not exceed 30 characters. 

C)        A transmittal document that is consistent with the format prescribed by SERFF, which is contained in the user's guide posted on the Division's website. The transmittal document identifies the company filing number and lists the policy form numbers. It includes the certification described in Section 916.50. .A combination form shall be submitted as two separate filings.  Each shall be identified by its own State tracking/company tracking number. Resubmission of pending policy forms within a filing shall be submitted under their original State tracking/company tracking number.

c)         Riders and Endorsements.  Riders or endorsements that unilaterally reduce benefits, and are attached to a policy subsequent to the date the policy is issued, shall be reviewed and approved by the Director prior to their issuance or delivery.

d)         Replacement Filings

1)         A new policy form replacing a form previously approved, when the new policy form bears the same form number as the previously approved form, shall be accompanied by:

A)        a statement that the filing is a replacement;

B)        the State tracking/company tracking number of the previously approved form and the date of the previous approval; and

C)        a statement that the previously approved policy form was never issued. 

2)        Replacement filings shall be assigned their own State tracking/company tracking number, and the original filing shall be withdrawn by completing the transmittal document.

e)         Rates.  Accident and health policy form filings written on an individual basis, individual and group Medicare supplement policy form filings and individual and group long-term care policy form filings shall be accompanied by rates providing a description of the classification of risks and the premium rates. Data demonstrating the calculation of the rates shall accompany each individual accident and health policy form. Subsequent rates shall be submitted as information on the transmittal document.

f)          Credit Policies.  Individual and group credit policy form filings shall be accompanied by the  rate filing that provides a description of the classification of risks and the premium rates.  Data demonstrating the calculation of the rates shall accompany each credit policy form. Subsequent credit rates shall be submitted with a transmittal document.

g)         Filing Fee.  A quarterly invoice will be mailed to the company by the Division for the filing fee required by Section 408(jj) of the Insurance Code [215 ILCS 5/408(jj)].

h)         Policy Form Withdrawal 

1)         Withdrawal of a policy form shall include:

A)        A letter of explanation.

B)        A transmittal document listing the State tracking/company tracking number and policy form number of the forms to be withdrawn. 

2)         Each time a company's policy form is to be withdrawn, it is the responsibility of the company to notify the Director on a transmittal document that is consistent with the format prescribed by SERFF, which is contained in the user's guide posted on the Division's website.

(Source:  Amended at 29 Ill. Reg. 4922, effective March 22, 2005)