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initiated litigation last fall against the State of Indiana, the Indiana
Department of Insurance and the Insurance Commissioner. The
lawsuit, in part, claims that the requirement to search the DMF on all
in-force policies is an interference with the right to contract.
SB 425 has been introduced in an attempt to address the concerns
cited above. In particular, SB 425 will require only those companies
who engaged in asymmetrical DMF searches prior to July 1, 2015, to
perform DMF searches on all in-force policies, annuity contracts and
retained asset accounts. However, if a company did not engage in
asymmetrical searches, then they only have to conduct DMF
searches on policies, annuity contracts and retained asset accounts
entered into after July 1, 2015.
The bill has been assigned to the Senate Insurance and Financial
Institutions Committee. It has not been scheduled for hearing yet.
IDOI BILL
HB 1341, authored by House Insurance Chairman Matt Lehman (R),
does the following: Corrects a conflict concerning payment of
expenses of the department of insurance (department) from the
general fund. Amends the law concerning internal audits of domestic
insurer and insurer group financial statements. Requires an insurer or
insurance group to file with the commissioner of insurance an annual
corporate governance disclosure. Specifies requirements concerning
use and disclosure of information related to the annual corporate
governance disclosure.
Removes a requirement for placement of the insurance
commissioner's (commissioner) signature on approval of a proposed
insurer. Defines "designated home state license" and provides for the
licensure for certain out of state insurance producers. Specifies a
designated home state license fee. Adds certain: (1) guarantees
made by an insurer; and (2) acquisitions or investments; to the list of
transactions between a domestic insurer and another person in an
insurance holding company system that require prior notice to the
commissioner.
Further, it repeals and replaces a section of the public adjuster law
concerning public adjuster violations and penalties. Excludes
information related to title insurance from the law concerning
electronic posting or delivery of insurance notices and documents.
Removes a requirement that a policy insure more than four
automobiles for purposes of application of the law concerning
cancellation of automobile insurance policies. Provides for issuance
of group casualty and liability insurance in certain circumstances.
Amends the definition of "small employer" to conform to federal law.
Provides for registration renewal annually on the last day of the
month of issuance, rather than on June 30 of each year, for claim
review agents and utilization review agents. Removes an annual
HERO PLAN
HB 1279, authored by Rep. Matt Lehman (R-Berne), establishes a
state-assisted retirement plan for private employers and employees.
This is the third year in row that legislation has been introduced
regarding a govt retirement savings option for private employers
and employees. The proposed legislation provides that a newly
created state board will oversee the plan and the manager of the
plan will be contracted out to a third party. Employers can
participate in the plan only if the employer does not offer its
employees a pension or retirement system of any kind. Sen. Greg
Walker is also expected to file a companion bill.
These bills are concerning to those businesses engaged in private
sector financial and retirement planning.
COVERAGE OF TELEMEDICINE
SERVICES
HB 1451, authored by Rep. Steve Davisson (R-Salem), includes
telemedicine services within the health care consent law. The bill
provides for coverage of telemedicine services under a policy of
accident and sickness insurance and a health maintenance
organization contract. HB 1451 is scheduled for a hearing on
Wednesday, January 21 in House Public Health at 3:30 in the House
Chamber.
APPLICATION OF FEDERAL
MEDICAL MALPRACTICE
Two bills dealing with medical malpractice have been filed this year:
SB 55, authored by Sen. Brent Steele (R-Bedford), and HB 1043,
authored by Rep. Jerry Torr (R-Carmel). As introduced, each bill varies
in detail.
SB 55 permits a patient to bring an action against a health care
provider without submitting the complaint to the medical review
board if the amount of the claim is not more than $187,000. (Under
current law, a patient may bring a direct action only if the amount is
not more than $15,000.)
WORKERS COMPENSATION
SB 33 deals with workers compensation and ambulatory service
centers (ASC). The bill as drafted by Sen. Phil Boots (R-Crawfordsville)
adds an ambulatory outpatient surgical center to the definition of
"medical service facility" under the worker's compensation law. The
ASCs would prefer parity with hospital outpatient rates so their
reduction wouldnt be as drastic. The current language provides that
the ASC rates are tied to their own Medicaid schedule so there is a
larger reduction. This will be an ongoing debate as the bill is heard
again in the Senate Pensions & Labor Committee on Wednesday,
January 21.
NO PAY, NO PLAY
HB 1192, authored by Rep. Kevin Mahan (R-Hartford City), provides
that an uninsured motorist is not entitled to collect non-economic
damages when involved in a motor vehicle accident. The bill has
been assigned to the House Insurance Committee.
TRANSPORTATION NETWORK
COMPANIES
Sen. Carlin Yoder has filed SB 347, which requires TNCs (e.g., Uber) to
obtain a permit issued by INDOT in order to operate in Indiana. The
bill establishes numerous requirements necessary for a TNC to obtain
a permit, including insurance requirements. A competing bill is
expected to be released next week which will address additional
components necessary for greater insurance protection consumer
protection.
Trent Hahn
tfhahn@bosepublicaffairs.com
Telephone: 317/684-5400
Fax: 317/684-5432