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Property Casualty News March 2021
Property & Casualty News
March 2021
Welcome to our latest newsletter! As a thought leader in the Insurance Industry for over 50 years we are always excited to share the latest sampling of insurance compliance related bulletins, regulations and legislative activity. Please feel free to share this newsletter with others that may be interested. Contact Us with any questions on the items in this newsletter or with any other compliance related matter we can assist you with. Enjoy!
ADJUSTERS
Illinois has a new approved Public Adjuster Contract Template and Checklist for Public Adjuster Contracts on its website. Any changes made to a company's previously filed and approved public adjuster contract must be filed with the department prior to use. Company Bulletin 2021-02
AGENT / PRODUCER LICENSING AND APPOINTMENT
California's Insurance Commissioner issued an annual reminder to insurers, producers, independent and public adjusters, title marketing representatives and others of the requirement to report changes to background information within 30 days of the change. Examples of background information include certain bankruptcy proceedings, fraud, misappropriation or conversion of funds, felony or misdemeanor convictions, and driving while under the influence. Notice dated March 5, 2021
Pennsylvania notified all licensees it is discontinuing licensing renewal and continuing education extensions it implemented as a result of COVID-19. Details are contained in the bulletin. Notice 2021-02
AUTOMOBILE INSURANCE
New Hampshire has readopted and amended its regulation dealing with determining the amount of a motor vehicle total loss claim. Ins. 1002.15
New Jersey passed a law regarding the use and regulation of cannabis that also includes a section on insurance coverage required in automobile liability insurance. AB21
Oregon issued a bulletin setting forth guidance to auto insurers issuing personal lines auto policies with step-down limits. It outlines necessary disclosures to inform consumers of the nature and extent of coverage and replaces DFR 2020-19. Bulletin DFR 2021-2
CANCELLATION / NON-RENEWAL / PREMIUM OR COVERAGE CHANGES
Maryland's Insurance Commissioner issued a bulletin regarding the impact that delays by the U.S. Postal Service is having on cancellations, non-renewals, and non-payment of premium payments. The Department is requesting insurers and producers to make robust efforts to advise policyholders of all available electronic means for premium payment and receipt of required notices. Bulletin 21-08
CIVIL ACTIONS
Indiana enacted legislation providing civil immunity from damages resulting from an individual being exposed to COVID-19. The exposure must take place on the premises owned or operated by a person, on any premises on which the person or employee or agent of the person provided services to the individual, or during an activity managed, organized or sponsored by the person. SB 1
South Dakota has enacted a law to limit liability for certain exposures to COVID-19 occurring between January 1, 2020 and December 31, 2022. This applies to owners of premises, health care providers, and personal protective equipment manufacturers. HB 1046
CYBERSECURITY
New York Department of Financial Services, Cybersecurity Division issued an industry letter concerning increased cyber-attacks on Instant Quote Websites. Carriers are encouraged to review those websites for evidence of hacking. Even if the NPI is redacted, hackers have shown they are adept at stealing the full unredacted NPI. Industry Letter dated 2/16/21
DISASTER / CATASTROPHIC EVENT
Louisiana's Insurance Commissioner issued a bulletin providing guidance to P&C and surplus lines insurers regarding time periods for proof of loss submission and for completion of repairs under replacement cost coverage. This is in regard to the multiple hurricanes that struck Louisiana in 2020. Insurers are requested to act responsibly in granting extensions of time to policyholders who need additional time to complete repairs. Bulletin 2021-02
The Texas Commissioner issued a bulletin to P&C carriers regarding underwriting, rating and nonrenewal of policies for people who were temporarily displaced from their homes and jobs during the severe winter weather event. Carriers are expected to revise their practices as specifically set forth in the bulletin. Bulletin B-0007-21
The Texas Commissioner issued a bulletin reminding claims adjusters and public adjusters of state laws and expecting them to work with policyholders and extend relief as insureds recover from the severe winter weather in Texas. Bulletin B-0006-21
FILING REQUIREMENTS / PROCEDURES
Arkansas instructed property and casualty carriers of new filing requirements. When submitting amendments or changes to policies, endorsements or rule manuals previously approved, carriers must submit a red-lined version of the language and a summary or memorandum clearly identifying the changes. Bulletin 1-2021
FLOOD INSURANCE / NFIP
Federal Emergency Management Agency (FEMA) updated the list of eligible communities to purchase insurance under the National Flood Insurance Program and those communities suspended for noncompliance with flood management requirements. Regulation 44 CFR 64.6
FEMA made changes in the regulation to comply with the Biggert-Waters Flood Insurance Reform Act of 2012 and the Homeowners Flood Insurance Affordability Act of 2014. These changes make corrections to the July 20, 2020 revisions published in the Federal Register. Regulation 44 CFR 61.6
GENERAL LIABILITY INSURANCE
Tennessee amended its Hazardous Waste Management Regulations to align with the current federal regulations to avoid unnecessary costs to Tennessee businesses. The amendments will reduce the cost to all persons required to test waste by providing updated testing standards and those persons who manage hazardous waste aerosol cans as universal waste. Regulation 0400-12-01-.01
HOLDING COMPANIES
Kansas amended its Insurance Holding Company reporting forms and instructions to update "policy and procedure" changes. They are based upon NAIC model language and replace the December 10, 2014 version. Kansas also adopted "Policy and Procedure Providing Corporate Governance Annual Disclosure Filing Instructions." Administrative Regulations 40-1-28, 40-1-52
LIABILITY INSURANCE
South Dakota enacted a law regarding drones. This includes prohibiting a person from intentionally using a drone to photograph, record or observe another person in a private place. A person is also prohibited from landing a drone on real property or the waters of a landowner who owns the real property beneath the water body without the landowner's consent. SB 74
PROFESSIONAL LIABILITY INSURANCE
Indiana's Department of Insurance published its Surcharge Rates for Hospitals and Physicians who elect to be qualified under the state's medical malpractice act. The overall surcharge for physicians decreased by 1.65% from the current rates. Bulletin 257
TITLE INSURANCE / AGENTS
Maryland's Insurance Commissioner issued a bulletin advising title insurers they need to include law firms in their producer register and should put necessary procedures in place to ensure any newly appointed law firm is added to the register within 30 days of their appointment. Bulletin 21-06
WORKERS' COMPENSATION
California's Division of Worker's Compensation amened existing regulations to increase the relative value of payments made under the Medical-Legal fee schedule. It also implements a new system based on flat fees for services provided and eliminates the use of complex factors and the majority of hourly billing under the Medical-Legal Fee Schedule. Regulation T.8 s 9793
Nebraska announced that a new Nature of Injury Code for Adverse Reaction to Vaccination was recently approved by the Workers' Compensation Organization (WICO) and recommended by the International Association of Industrial Accident Boards and Commissions (IAIABC). The Nebraska Workers' Compensation Court is accepting the new code. WC Notice dated 2/18/2021
New Jersey Compensation Rating and Inspection Bureau notified bureau members that it is implementing a new process for how the carrier of record can access rating worksheets. The New Rating Worksheet Notification and Delivery Process is explained in the Circular Letter. Circular Letter #2004
New York implemented an internet portal-based submission and review process for Prior Authorization Requests. Sections of the rule regarding workers' compensation and medical treatment and medical and surgical care and treatment, are amended, among other sections. 12 NYCRR 324.1
New York Workers' Compensation Board has updated fees, created a prior authorization process and replaced the Durable Medical Equipment fee schedule. Bulletin WC 046-1379
Newsletter
Life and Health News March 2021
Life and Health News
March 2021
Welcome to our latest newsletter! As a thought leader in the Insurance Industry for over 50 years we are always excited to share the latest sampling of insurance compliance related bulletins, regulations and legislative activity. Please feel free to share this newsletter with others that may be interested. Contact Us with any questions on the items in this newsletter or with any other compliance related matter we can assist you with. Enjoy!
ACCELERATED BENEFITS
New York Life Bureau of the Department of Financial Services has published filing guidance notes under the Accelerated Payment of Death Benefit Product Outline. Accelerated Payment of Death Benefit Outline - 2021
AFFORDABLE CARE ACT
Michigan Department of Insurance and Financial Services issued a bulletin allowing issuers offering ACA compliant individual health coverage off-Marketplace to participate in a 90 day special enrollment period to the same extent as issuers offering ACA compliant individual coverage on the Marketplace. This is pursuant to President Biden's Executive Order 14009. Bulletin No. 2021-08-INS
AGENT / PRODUCER CONTINUING EDUCATION
Rhode Island's Superintendent of Insurance issued a bulletin giving guidance on annuity and long-term care producer training. Insurance Bulletin Number 2021-1
ANNUITY DISCLOSURES
Rhode Island published Appendix forms for use under the Annuity Suitability law. Insurance Bulletin Number 2021-2
CLAIMS / CLAIMS ISSUES
Nebraska has published the updated interest rate on death proceeds when a claim is not paid within 30 days of receipt of proof of death. The interest rate is 2.10% Notice 2021-1
CREDIT INSURANCE
Virginia's Insurance Commissioner issued an administrative letter reminding carriers that credit insurance experience must be submitted to the department no later than April 1, 2021 for the 2020 reporting year. In addition, adjustments to the prima facie rates applicable to credit life and credit accident and sickness of rate triennium commencing January 1, 2022 will be established and published later this year. Administrative Letter 2021-01
CREDIT FOR REINSURANCE
South Dakota HB 1003 adds new sections to the Reinsurance Law dealing with credit for reinsurance in reciprocal jurisdictions. HB 1003
CYBERSECURITY
Connecticut's Insurance Commissioner provides additional guidance to licensees concerning the Insurance Data Security Law and implementation date requirements. This bulletin spells out the requirements of the law and the deadlines for complying. Bulletin IC - 43
New York Department of Financial Services, Cybersecurity Division issued an industry letter regarding increased cyber-attacks on Instant Quote Websites. Carriers are encouraged to review those websites for evidence of hacking. Even if the NPI is redacted, hackers have shown they are adept at stealing the full unredacted NPI. Industry Letter dated February 16, 2021
DENTAL INSURANCE
California's Department of Managed Health Care adopted an emergency rule requiring health care service plans that cover dental services to provide a summary of dental benefits and coverage disclosure matrix (SDBC). This applies to both individual and group coverage. Regulation T. 28 s 1300.63.4
DISASTER / CATASTROPHIC EVENT
DC's Commissioner informed all insurers they are still operating under the previous orders and bulletin issued by the Commissioner due to the COVID-19 emergency. These orders provide relief to policyholders by prohibiting carriers from terminating insurance contracts due to nonpayment. Notice dated February 5, 2021
Florida amended its regulation dealing with Standardized Requirements Applicable to Insurers after Hurricanes or Natural Disasters to add provisions for life and health companies. These provisions deal with grace periods and temporary postponement of cancellations or non-renewals by life and health companies. The rule previously applied only to P&C carriers. Rule 690-142.015
FINANCIAL REGULATION
Florida Department of Financial Services/Division of Securities adopts a rule amending the filing of financial statements for dealers, issuer/dealers and investment advisers with the Office of Financial Regulation. FAC Rule 69W-600.151
New Hampshire's Insurance Commissioner issued a bulletin setting forth financial filing requirements for March 1 through November 15, 2021 during the COVID-19 pandemic. Bulletin INS 21-007-AB
FRAUD / ANTI-FRAUD
The Federal Financial Crimes Enforcement Network (FinCEN) issued an Advisory on COVID-19 Health Insurance and Health Care-Related Fraud. Financial red flag indicators are spelled out along with case studies and information on reporting suspicious activity. FinCEN Advisory FIN-2021A001
HEALTH INSURANCE - COMPREHENSIVE
New York issued a Circular Letter reminding insurers that insurance law requirements for maternity care and preventive care and screenings related to pregnancy apply when an individual is acting as a surrogate. Insurance Circular Letter No. 1 (2021)
Ohio passed SB 9 which amended 3904.13 and enacted section 3901.89 to require health plan issuers to release certain claim information to group plan policyholders, upon request. This requirement is effective July 1, 2021. SB 9; 3901.89
MEDICARE SUPPLEMENT INSURANCE
Colorado adopted a Medicare Supplement rule which complies with the mandate of the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). Among other items, it prohibits the sale of Medicare Supplement benefit policies that cover Medicare Part B deductible to defined newly eligible Medicare beneficiaries. This replaces Emergency Regulation 20-E-14 in its entirety. 3 CCR 702 Reg. 4-3-1
MISCELLANEOUS HEALTH / ACCIDENT
Colorado issued an emergency regulation regarding the process by which the Health Insurance Affordability fee is collected annually from insurers. This applies to all carriers that issue health benefit plans, including individual, small group and large group plans subject to the Colorado insurance laws. Emergency Regulation 21-E-01
New Mexico's superintendent of insurance issued a clarifying bulletin reminding carriers that different coverage standards cannot be imposed for in-person and telemedicine services for either physical or behavioral health. Bulletin 2021-003
OMNIBUS LEGISLATION
Arizona omnibus bill amended Section 20-239, Electronic Communications and Records dealing with any notice or document for a policyholder that is posted on an insurer's website. Section 20-283 deals with exceptions to producer licensing. Other sections apply to various kinds of insurance. SB 1049
PHARMACY BENEFIT MANAGERS
Maine adopted a regulation establishing licensing requirements for pharmacy benefit managers. Insurance Rule Ch. 210
PRE-NEED CONTRACTS
Michigan issued a bulletin setting forth the updated maximum amount of pre-death assignment when a life insurance policy or annuity contract proceeds are used as payment for cemetery or funeral services or goods. Bulletin No. 2021-09-INS
SUITABILITY
Tennessee's Division of Securities codified a longstanding policy that was developed in the 1980s into a new Rule, Recission Offers. Under the rule, all recession offers that satisfy the requirements of the rule and are approved in advance by the Securities Division are exempted from the registration requirements of 48-1-104. The elements of a recission offer are set forth as well as what a person must do after the rescission offer is extended. This rule is effective May 4, 2021. Tennessee Rule 078-4-2-.11
Newsletter
Property Casualty News February 2021
Property & Casualty News
February 2021
Welcome to our latest newsletter! As a thought leader in the Insurance Industry for over 50 years we are always excited to share the latest sampling of insurance compliance related bulletins, regulations and legislative activity. Please feel free to share this newsletter with others that may be interested. Contact Us with any questions on the items in this newsletter or with any other compliance related matter we can assist you with. Enjoy!
AGENT / PRODUCER LICENSING AND APPOINTMENT
New Jersey Insurance Commissioner advises that temporary insurance producer licenses will no longer be issued since the PSI test centers allow an applicant to take the producer examination either in person or remotely. Temporary licenses that have been issued will continue in full force and effect until the applicant earns a regular license by passing the exam or the temporary license expires, which will be 180 days after the temporary license was issued, or 30 days after the end of the COVID-19 public emergency, whichever occurs first. Bulletin 21-02
AUTOMOBILE INSURANCE
Maryland Insurance Administration reminds all property and casualty insurers, insurance producers, and the Maryland Automobile Insurance Fund of special provisions due to COVID-19. As result of the Governor's Executive Order issued March 5, 2020 declaring a COVID-19 state of emergency, the Maryland Department of Transportation Motor Vehicle Administration is not suspending drivers' licenses due to license expirations. Therefore, while the emergency remains in effect, insurers must take necessary steps to ensure they do not cancel or non-renew a policy due to the expiration of an insured's driver's license. Maryland drivers will have 30 days to obtain license renewal after the emergency is lifted. Bulletin 21-03
Michigan's Director of Insurance issued a bulletin regarding the results of an annual calculation of the Qualified Health Coverage Deductible. The deductible amount is based on the percentage change in the Consumer Price Index. Michigan law allows individuals to make certain choices regarding their no-fault coverage. Qualified Health Coverage (QHC) is health or accident coverage that does not exclude or limit coverage for injuries related to motor vehicle accidents, and for which any annual deductible for the coverage is $6,000 or less per individual, or enrollment in Medicare Parts, A and B. Accordingly, the maximum deductible for determining whether health or accident coverage is QHC remains unchanged at $6,000 for the period July 1, 2021 through June 30, 2022. Bulletin 2021-05-INS
New Hampshire amended and renumbered its regulation on Private Passenger Automobile Insurance. This regulates automobile insurance in the voluntary market as well as the automobile reinsurance facility. It establishes the criteria for moving a policy into the voluntary market vs. the reinsurance facility. It also sets forth rating plans and practices, residency requirements, and the reinsurance facility plan of operations. Regulation Ins 1403.02
West Virginia Insurance Commissioner issued a bulletin regarding "Full Coverage" automobile insurance. Carriers and agents are strongly discouraged from using the term "full coverage" in advertising, sales material or when talking with policyholders or potential policyholders because it may be misleading. It may be considered an unfair and deceptive act to do so. The term "full coverage" has no exact or standard definition and may mean different things to different people. State law requires all registered motor vehicle owners to purchase certain minimum coverages. However, consumers are also able to purchase higher coverages levels that, in West Virginia, must also be offered by an insurer. Bulletin No. 2021-02
CLAIMS / CLAIMS ISSUES
New Mexico Superintendent of Insurance notified all insurance companies authorized to transact business in New Mexico that the interest rate used in the payment of late claims has changed. Any type of insurance that does not pay a claim within 45 days after required proof of loss has been furnished, must pay the amount due to the claimant plus interest at the rate of 1-1/2 times the prime lending rate as determined by the Superintendent, for New Mexico banks per year during the period the claim is unpaid. The old rate on unpaid claims was 7.125%, but as of February 1, 2021, the interest rate was changed to 4.875%. Bulletin 2021-001
CYBERSECURITY
New York Insurance Superintendent released a Circular Letter to Property and Casualty Insurers regarding practices they should employ to identify and manage cyber insurance risk. The Superintendent shares a Cyber Insurance Risk Framework and best practices that have emerged since the Department's engagement with industry and experts. Circular Letter 2021-2
DISASTER PREPAREDNESS
Missouri's Department of Commerce and Insurance asked all insurers covering real or personal property in Missouri to update their disaster contact information. The information requested is the primary regulatory contact, secondary regulatory contact and communications contact with names, titles, phone numbers, and email addresses. Insures are requested to submit the information on an Excel spreadsheet and email it to CompanyContacts@insurance.mo.gov. Bulletin 21-01
FILINGS: PROPERTY / CASUALTY
Louisiana issued a bulletin regarding filing procedures for compliance with the federal Terrorism Risk Insurance Program Reauthorization Act of 2019, recently extended to December 31, 2027. Insurers may be required to file disclosure notices, policy language and applicable rates. The Insurance Department is offering a voluntary speed-to-market initiative for revised terrorism products with detailed instructions. Bulletin 2021-01
Michigan published a bulletin regarding new requirements applicable to rate, rule and form filings for auto insurance. All companies must submit a form filing to be effective no later than July 2, 2021 notifying the policyholder of the 56 hour limitation that applies to certain attendant care benefits beginning July 2, 2021 under MCL 500.3157(10). Other requirements such as a new P&C Rate Checklist are included in the bulletin. Bulletin 2021-07-INS
LIABILITY INSURANCE
Illinois Insurance Department published its 2021 Dram Shop Liability limits and Liquor Liability Insurance limits. The comptroller is required each year to determine the liability limits for causes of action brought under the law according to the consumer price index for the preceding calendar year. The CPI-U increased 1.36% during the preceding year. The judgment amount for causes of action under the Liquor Control Act was also updated. Notice of Dram Shop Liability Limits dated January 20, 2021
MISCELLANEOUS
FinCEN has published answers to frequently asked questions regarding suspicious activity reporting and other anti-money laundering considerations. FinCEN Notice dated January 19, 2021
Ohio SB 276 amended portions of the Captive Insurance Company law to define parameters around a Protected Cell. A protected cell insures or reinsures the risks of separate participants through a participant contract and segregates each participant's liability into a protected cell. The bill also revised the Limited Liability Company Act. Revisions apply to operating agreement requirements, fiduciary duties, and liability of members, among others. SB 276; 3964.17; 1706.26
Texas adopted a new regulation section, 28 TAC s 7.508, regarding biographical affidavit requirements for foreign insurance companies seeking admission to do business in Texas. Foreign insurers currently submit the biographical affidavit form adopted in 28 TAC s. 7.507, for each officer and director on admission to Texas and any time there is a change in officer or director. The TDI's review is duplicative since foreign insurers' domiciliary regulators evaluate and monitor officers and directors and any changes to them. 28 TAC s 7.508
REGULATORY REPORTING REQUIREMENTS
New Hampshire issued a bulletin to all domestic and foreign companies setting forth Title 37 Financial Regulation Filing Requirements from March 1 through November 15, 2021 during the COVID-19 Pandemic. This handy reference gives due dates and information on filing all types of financial reports including those pertaining to holding companies and cybersecurity. Bulletin INS 21-007-AB
REPORTS - ANNUAL / QUARTERLY STATEMENT
California notified all admitted insurers and surplus line brokers of important 2020 Tax Return Information. The tax filing dates for surplus lines brokers, insurers and Ocean Marine are disclosed. During the COVID-19 emergency the return may be filed electronically via email. The required paper original filing is due within 90 days of the lifting of the "shelter-in-place" order in California. Other filing information is included. Notice dated January 15, 2021
SURPLUS LINES
Alaska issued a bulletin to surplus line insurers, insurance producers and surplus lines brokers publishing the list of eligible surplus lines insurers (white list) in Alaska. Bulletin B 21-03
West Virginia declares certain insurance coverages to be generally unavailable in the authorized market at the present time and thus exportable. The Insurance Commissioner adopts the West Virginia Surplus Export List effective January 28, 2021. Notice of January 28, 2021, WV Surplus Lines Export List
TRANSPORTATION NETWORK
California Department of Insurance issued a notice regarding implementation of insurance provisions of Proposition 22 requiring transportation network and delivery network companies to make available to app-based drivers occupational accidental medical expense coverage, occupational disability income coverage and accidental death coverage. Notice dated February 3, 2021
WORKERS' COMPENSATION
Kentucky Workers' Compensation Funding Commission reminds insurers providing workers' compensation insurance that the required Annual Audit and Collections Report for calendar year 2020 must be submitted no later than April 30, 2021. Even if a carrier did not write, receive or return workers' comp premium during 2020, they must file a Non-Writer Statement (Form KWCFC-04). WC Notice dated January 11, 2021
Louisiana Office of Workers' Compensation Administration announced the mileage reimbursement is $.56 per mile for 2021. WC Notice of January 14, 2021
Michigan reminds members of the Compensation Advisory Organization of Michigan (CAOM) that call data for the 2021 reporting year will be collected through CAOM. All data providers must submit their calls electronically using the Michigan Financial Data Reporting Application (MIFDRA) available on the CAOM website. CAOM assesses a financial penalty for late submission of financial calls. The financial reporting schedule for the year is set forth, and the data is valued as of December 31, 2020. Reporting requirements include instructions for premium collected to provide coverage under the terrorism risk insurance acts (TRIA and TRIPRA). WC Circular Letter #323
Mississippi publishes the worker's compensation mileage rate and weekly maximum and lifetime disability rates for 2021. The mileage rate is $.56 per mile. The weekly maximum is $523.16 and the lifetime disability rate is $235,422. WC Notice dated February 5, 2021
South Carolina Insurance Department announced the approval of loss costs for the National Council on Compensation Insurance (NCCI) on January 26, 2021 with an effective date of April 1, 2021. Consequently, all workers' compensation insurers are required to submit a SERFF filing to adopt these loss costs no later than March 27, 2021 with an effective date no later than July 30, 2021. WC Notice dated January 27, 2021
Vermont Department of Labor published the workers' compensation mileage reimbursement rates and expense reimbursement rates for 2021. Workers Compensation Notice January 1, 2021
West Virginia Insurance Department releases a bulletin regarding Workers' Compensation Claims for COVID-19. The bulletin states an employee has the absolute right to file a claim for workers' compensation benefits due to COVID-19. The claim will be investigated as to whether the injury occurred in the course of and resulting from the employee's covered employment. Employers and healthcare providers must cooperate in claim investigations. More importantly, employers cannot advise employees that they cannot file workers' compensation claims for COVID-19 or retaliate or discriminate against employees who do file claims. Bulletin No. 2021-01
Newsletter
Life and Health News February 2021
Life and Health News
February 2021
Welcome to our latest newsletter! As a thought leader in the Insurance Industry for over 50 years we are always excited to share the latest sampling of insurance compliance related bulletins, regulations and legislative activity. Please feel free to share this newsletter with others that may be interested. Contact Us with any questions on the items in this newsletter or with any other compliance related matter we can assist you with. Enjoy!
AFFORDABLE CARE ACT
Maryland Insurance Commissioner has published the 2022 Affordable Care Act (ACA) Individual and Small Employer Form and Rate Filing Instructions. This bulletin applies to policy years beginning on or after January 1, 2022. Bulletin 21-04
South Carolina adopted the federal extension of the ACA transitional policy through calendar year 2022 for health insurance issuers with non-grandfathered health insurance coverage in the individual or small group markets. The transitional policy permits issuers to renew certain non-grandfathered policies that would otherwise be deemed out of compliance with the requirements of ACA. Bulletin 2021-01
AGENT / PRODUCER LICENSING AND APPOINTMENT
Maine Bureau of Insurance announced it is discontinuing the issuance of temporary resident producer licenses due to the COVID-19 pandemic. Pearson VUE has resumed administering insurance examinations and online delivery of major lines exams. Bulletin 445 is superseded by this bulletin. Bulletin 455
AGENT / PRODUCER TERMINATION
Utah's Individual and Agency Licensing Requirements Rule has been changed. The changes require an insurance company and insurance agency to provide particular information to the insurance department when it is reported they have terminated their relationship with an agency or agent based on a violation of the insurance code. Rule R590-244-11, 12, 13
CLAIMS / CLAIMS ISSUES
New Mexico's Superintendent of Insurance published the current interest rate applicable to unpaid claims 45 days after required proof of loss has been furnished. Bulletin 2021-001
DISASTER / CATASTROPHIC EVENT
Maryland's Insurance Commissioner is directing carriers to suspend health benefit cancellations and non-renewals for non-payment of premium due to COVID-19. This applies to individual health benefit plans unless certain conditions are met. This requirement is being renewed until March 26, 2021, based upon the Governor's renewal of the COVID-19 emergency declaration on January 26, 2021. Bulletin 21-05
Massachusetts Insurance Commissioner issued a bulletin outlining guidelines it expects carriers to follow in paying for or reimbursing the cost of administering the COVID-19 vaccine. Administrators of self-funded employer plans are encouraged to also implement these requirements. Bulletin 2021-01
Mississippi's Insurance Commissioner published guidance to all insurance companies regarding the appropriate coverage of vaccines for COVID-19. This includes foregoing any cost-sharing, reimbursing providers for administering the vaccine, and vaccines administered during other visits not associated with COVID-19 testing. Bulletin 2021-02
DISASTER PREPAREDNESS
Maryland requires all life, health, HMO and other types of insurance companies licensed in Maryland to report information on their contacts for disaster, continuity of operations plan, and pandemic flu plan. The contact information must be furnished to the Maryland Insurance Administration no later than April 15, 2021. Bulletin 21-02
FILINGS: HEALTH
Connecticut issued health insurance rate filing submission guidelines for individual and group health insurance. All rate filings, including small group indemnity rate filings, must be filed pursuant to the requirements of the Department of Health and Human Services pursuant to PPACA. Bulletin-HC-81-21
GROUP HEALTH
Arkansas Insurance Commissioner issued a bulletin giving direction regarding the calculation of the number of employees for purposes of small group rating. This bulletin was issued to health insurance carriers, HMOs and health care producers. Bulletin No.: 2-2021
Illinois issued an updated bulletin regarding acceptable Association Health Plans in light of the decision in New York v. U.S. Department of Labor case, 363 F. Supp. 3d 109 (D.D.C. 2019). Company Bulletin 2020-20 (Updated)
New Hampshire issued a bulletin providing guidance to carriers regarding complying with Health Plan Loss Information under RSA 420-G:12-a. Carriers must provide certain claims information within 30 days after a large employer group requests it. Large employers are entitled to receive their specific medical claims for all physician, hospital, prescription drug and other covered medical claims. Bulletin Docket No.: INS 20-074-AB
GUARANTY ASSOCIATION
Arkansas published updated Guaranty Notices for life and health policyholders. These can be found in Appendix A and Appendix B of Rule and Regulation 49. Rule & Regulation 49, Appendix A and Appendix B
Missouri updated the required Life and Health Guaranty Association notice to change addresses and other items. 20 CSR 400-5.600
HEALTH INSURANCE - COMPREHENSIVE
District of Columbia passed a law that limits the total amount an insured is required to pay for a 30-day supply of insulin to $30, regardless of the quantity or type of covered insulin drug used to fill the insured's prescription. The total amount an insured is required to pay for a 30-day supply of medically necessary diabetes and diabetic ketoacidosis devices is $100. This law is effective January 1, 2022. Uncodified B23-920 s 2(d) (2021)
Maine's Superintendent of Insurance reminds health carriers of the Maine Surprise Emergency Medical Bill law effective March 18, 2020 which requires carriers to pay out-of-network providers for covered emergency services. However, emergency ambulance services are handled differently. A carrier must pay an out-of-network ambulance provider at the provider's usual out-of-network rate for covered emergency services provided before October 1, 2021. Bulletin 454
MEDICARE SUPPLEMENT INSURANCE
Colorado amended and readopted its Medicare Supplement regulation. The insurance department adopted the changes that are effective March 15, 2021. 3 CCR 702-4 Reg. 4-3-1
MENTAL HEALTH PARITY
Ohio passed SB 284 dealing with insurers receiving credit for reinsurance, mental health and substance use disorder benefit parity, and the release of a telephone number of a person involved in a motor vehicle accident. This law is effective March 22, 2021. SB 284
MISCELLANEOUS
Mississippi's Insurance Commissioner waived the requirement for an insurer to conduct a semiannual on-site review of a managing general agent or third party administrator through calendar year 2021. However, these reviews must be conducted through electronic means to satisfy the on-site review obligations under the law. Bulletin 2021-01
PHARMACY BENEFIT MANAGERS
New Hampshire has clarified in a Q & A format the registration and licensure requirements for Pharmacy Benefit Managers. All Pharmacy Benefit Managers are newly required to register with the Department as of January 1, 2021. Bulletin INS 21-001-AB
REGULATORY REPORTING REQUIREMENTS
Connecticut requires carriers to file network plans annually with the Insurance Department. In the past, all plans were due by April 1. However, for 2021 and thereafter, medical networks must file no later than April 1, 2021, vision networks by May 1, 2021 and dental networks by June 1, 2021. Bulletin No. HC-117-21
RESERVE VALUATION
Colorado amended and readopted its "Premium Deficiency Reserve Standards for Individual and Group Health Benefit Plans." This regulation applies to major medical, long term care and disability insurance effective March 15, 2021. Amendments are to Sections 4, 6, and 7, among others. 3 CCR 702-3 Reg. 3-1-15
UTILIZATION REVIEW - HEALTH CARE
Colorado amended and readopted its "Prompt Investigation of Health Claims Involving Utilization Review and Denial of Benefits and Rules Related to Internal Claims and Appeals Processes" regulation. The insurance department adopted the changes that are effective March 15, 2021. Changes include the definition of physician under urgent care as well as changes in the first level of review in Section 11. 3 CCR 702-4 Reg. 4-2-17
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