Pennsylvania Statutes Title 40 P.S. Insurance § 3801.303. Required filings

(a) Form filings.--Each insurer shall file with the department any form which it proposes to issue in this Commonwealth except a type or kind of form which, in the opinion of the commissioner, does not require filing. The form filings required by this section shall be made no less than 45 days, or a shorter period of time as the department may establish, prior to their effective dates. The filings shall be subject to filing and review in accordance with the provisions of section 304.  1

(b) Notice of exemption from form filing.--The commissioner shall issue notice in the Pennsylvania Bulletin identifying any type or kind of form which has been exempted from filing. The commissioner may subsequently require the forms to be filed under this section upon notice published in the Pennsylvania Bulletin. Any such subsequent notice shall not be effective until 90 days after publication.

(c) Individual rates.--Each insurer shall file with the department rates for individual accident and health insurance policies which it proposes to use in this Commonwealth except those rates which, in the opinion of the commissioner, cannot practicably be filed before they are used. The commissioner shall publish notice in the Pennsylvania Bulletin identifying rates which the commissioner determines cannot practicably be filed. The filings required by this subsection shall be made no less than 45 days, or a shorter period of time as the department may establish, prior to their effective dates. The filings shall be subject to filing and review in accordance with the provisions of section 304.

(d) Certain group rates exempt.--Except as provided in subsection (e), an insurer shall not be required to file with the department rates for accident and health insurance policies which it proposes to issue on a group basis in this Commonwealth.

(e) Required group rate filings.--Each insurer shall file with the department rates for small group accident and health insurance policies which it proposes to issue on a group basis in this Commonwealth for other than excepted benefits as defined in section 2791(c) of the Public Health Service Act (110 Stat. 1972, 42 U.S.C. § 300gg-91(c)) in accordance with the following:

(f) Power of department.--The department may, at the discretion of the commissioner through notice in the Pennsylvania Bulletin, adjust the 10% threshold set forth in subsection (e)(2) and (3), only for purposes of coordinating the filing requirements of this section, to a state-specific percentage determined by the Secretary of the United States Department of Health and Human Services.