PURPOSE: This rule implements the provisions of section 376.1088, RSMo, regarding disclosure of the name of a third-party administrator and the provisions of sections 375.934 and 375.936(4), RSMo regarding misleading information and advertising. This rule prohibits a third-party administrator from using any name other than its true name on its certificate of authority and sets forth specific requirements for the use of multiple names on its other documents and publications.

1. (1) A third-party administrator (TPA) must use its true name for its certificate of authority to conduct business as a TPA in this state.
2. (2) A TPA will be permitted to use a fictitious name, an acronym or a portion of its true name, in its advertising, agreements, contracts, policies, evidences of coverage, filings with the director or any other publication of its name, provided that the TPA uses its true name at least once in each advertisement, agreement, contract, policy, evidence of coverage, filing with the director, or any other publication.
3. (3) Any TPA which does business as a TPA in this state under a fictitious name shall file with the director a copy of all documents, including the authorization from the Missouri secretary of state, which shows the legal authority for the TPA to use such other name. Any acronym or portion of the true name must be registered with the director.
4. (4) The director may institute disciplinary action for violations of this rule and take other action as is authorized by the provisions of sections 374.046, 375.942, and 376.1094, RSMo and any other applicable law.

AUTHORITY: sections 374.045, 375.948, and 376.1095, RSMo 2016.* Original rule filed Sept. 30, 1993, effective June 6, 1994. Amended: Filed Jan. 8, 2019, effective July 30, 2019.

*Original authority: 374.045, RSMo 1967, amended 1993, 1995, 2008; 375.948, RSMo 1959, amended 1978, 1991; and 376.1095, RSMo 1993, amended 1995.