To adopt a rule providing appropriate alternative methods for policyholders with disabilities to provide statements required by Sections 627.701(4)(d) and 627.712(6), F.S. The rule provides a procedure for an authorized guardian or attorney-in-fact ...

 

DEPARTMENT OF FINANCIAL SERVICES
OIR – Insurance Regulation

RULE NO: RULE TITLE
69O-167.014: Alternative Methods to Handwritten Statements
PURPOSE, EFFECT AND SUMMARY: To adopt a rule providing appropriate alternative methods for policyholders with disabilities to provide statements required by Sections 627.701(4)(d) and 627.712(6), F.S. The rule provides a procedure for an authorized guardian or attorney-in-fact to execute the handwritten statement and allowing for videotaping of a reading of the disclosure and acknowledgement by the policyholder.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 624.308(1), 627.701(4), 627.712(6) FS.
LAW IMPLEMENTED: 627.701(4), 627.712(6) FS.

IF REQUESTED IN WRITING WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: March 16, 2007, 1:30 p.m.

PLACE: Room 142, Larson Building, 200 East Gaines Street, Tallahassee, Florida

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael Milnes, Property and Casualty Product Review, Office of Insurance Regulation, E-mail: [e-mail].

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this program, please advise the Office at least 5 calendar days before the program by contacting the person listed above.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

69O-167.014 Alternative Methods to Handwritten Statements.

The handwritten disclosures required by Section 627.712(2), F.S., and Section 627.701(4)(d)1., F.S., may be obtained by alternative methods by those persons or policyholders who have a handicapping or disabling condition that prevents them from providing a handwritten statement. Any one or more of the following methods may be used:

(1) Obtaining through an authorized guardian or attorney-in-fact a handwritten statement in conformance with Section 627.712(2) or 627.701(4)(d)1., F.S. The insurer shall maintain on file all documentation necessary to verify that the guardian or attorney is so duly authorized to execute such handwritten statement; or

(2) Videotaping the reading of the disclosure to the policyholder and videotaping the policyholder’s verbal acknowledgement that the policyholder understands the disclosure and elects not to purchase the coverage described in the disclosure. The insurer must maintain the videotape with the records of the policyholder.

Specific Authority 624.308(1), 627.701, 627.712 FS. Law Implemented 627.701, 627.712 FS. History–New__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Michael Milnes, Property and Casualty Product Review, Office of Insurance Regulation

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Belinda Miller, Deputy Commissioner, Office of Insurance Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 13, 2007

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 9, 2007