HB1329: Insurance matters.

Legislative Summary

Insurance matters. Provides that if an insurance producer actively participates in a state or national professional insurance organization, the insurance commissioner may apply the insurance producer's participation toward the satisfaction of not more than two hours of the insurance producer's continuing education requirement in every two year licensing period. Prohibits a public adjuster from: (1) filing an insurance claim on behalf of an insured; (2) performing the role of roofing contractor, appraiser, or any other role with respect to the subject of a claim when the public adjuster is providing advice or assistance in the adjustment of the claim; or (3) filing an unfair claim settlement practice complaint unless the person who filed the claim has given written consent for the public adjuster to file the complaint. Requires a public adjuster, before entering into a contract with an insured, to provide a written disclosure concerning any direct or indirect financial interest that the public adjuster has with any other party that is or will be involved in the insured's claim. Requires a public adjuster to provide to an insured a disclosure document containing certain information before the insured enters into a contract with the public adjuster. Provides that a contract between a public adjuster and an insured must be in writing, must contain certain information, and must be prepared on a form filed with and approved by the insurance commissioner. Prohibits the inclusion of certain terms in the contract. Provides that if the insurer, not more than five business days after the date on which the insured's loss is reported to the insurer, either pays or commits in writing to pay to the policy limit of the insured's policy, the public adjuster may not be compensated by receiving a percentage of the total amount paid by the insurer and is entitled only to reasonable compensation for services provided. Allows an insured to void or rescind a contract with a public adjuster. Provides that, with respect to benefits provided by multiple employer welfare arrangements (MEWAs) to a public entity: (1) a policy of stop loss insurance issued by a reinsurer to the MEWA must cover claims submitted within the timely filing limit of the policy and the policy provisions of the stop loss coverage; and (2) the department of insurance may not adopt or enforce any rule that would reduce the timely filing limit specified in the policy and the policy provisions of the stop loss coverage. Requires the Indiana Public Employers' Plan, Inc., before December 31, 2026, to apply to the insurance commissioner for a certificate of authority to transact business as a domestic tax exempt reciprocal insurance company. Amends the anti-rebating law to provide that value-added products or services may be offered or provided for free or at a discounted price by an insurer or an insurance producer: (1) if the products or services: (A) are intended to mitigate or reduce the severity or frequency of loss; or (B) are primarily designed to enhance the health, financial wellness, or safety of persons or of persons' lives, health, or property; or (2) if the products or services: (A) are not offered in a manner that is unfairly discriminatory; and (B) are made available based on documented, objective criteria that are maintained for inspection by the insurance commissioner. Requires that a value-added product or service be accompanied by contact information. Requires an insurer that makes a material change to an insured's personal automobile or homeowner's policy to provide a written notice: (1) explaining the principal factors for the material change; or (2) stating that the insured, upon request, has a right to obtain a written notice explaining the principal factors for the material change. Establishes certain requirements for a notice of material change. Requires the insurance commissioner to adopt rules to implement the notice of material change requirements. Requires an insurer or health maintenance organization (HMO) that provides coverage under an Affordable Care Act Marketplace plan (Marketplace plan) to provide to each individual covered under the Marketplace plan, not earlier than six months and not later than two months before the individual will become 65 years of age, a notice that includes: (1) a statement that the individual may be eligible to enroll in Medicare during the individual's initial enrollment period; (2) a statement that, in most cases, someone covered by a Marketplace plan will want to end their Marketplace plan coverage upon becoming eligible for Medicare; and (3) detailed instructions for canceling the individual's Marketplace plan. Provides that the plan sponsor of a health benefit plan may, on behalf of all covered individuals, provide consent: (1) to all communications related to the health benefit plan being sent to covered individuals by electronic means; and (2) to the electronic delivery of health insurance identification cards. Repeals the current mutual insurance holding company law (IC 27-14) and replaces it with a new mutual holding company law (IC 27-14.5). Requires the insurance commissioner to conduct an examination of an HMO domiciled in Indiana at least once every five years (instead of once every three years) and provides that an examination of the quality management program of an HMO must be conducted at least once every five years (instead of once every three years). Amends the health benefit exchange law to provide that an individual who continues to pay premiums for a policy or contract offered by a qualified health plan issuer in a benefit year that follows the benefit year in which the individual purchased the original policy or contract is considered to have purchased a new policy or contract for the purposes of the federal regulation providing that Medicare entitlement or enrollment is not a basis to nonrenew an individual's health insurance coverage in the individual market under the same policy or contract of insurance.