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) Any TPA which prior to the effective date of this rule used or employed more than one
5. (1) name shall cease using more than one (1) name, except as permitted by this rule, and take all steps necessary to comply with this rule within sixty (60) days after the effective date of this rule, including but not limited to, the filing of an application for an amended certificate of authority to reflect the true name of the TPA and the payment of fees in accordance with section 376.1092, RSMo.
6. (5) 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 and 376.1095.1., RSMo Supp. 1993 and 375.948, RSMo Supp. 1992.* Original rule filed Sept. 30, 1993, effective June 6, 1994. *Original authority: 374.045, RSMo 1967, amended 1993; 375.948, RSMo 1976, amended 1986, 1992; and 376.1095.1., RSMo 1993.