Life and Health News
July 2024
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
Oregon promulgated changes to the 2025 Standard Bronze and Silver Health Benefit Plans. Rule 836-053-0013
ARTIFICIAL INTELLIGENCE
District of Columbia published a bulletin reminding all carriers doing business in the District of the department's expectations regarding the use of artificial intelligence. Bulletin 24-IB-002-05/21
CONFIDENTIALITY / PRIVACY
Federal Department of Health & Human Services updated its Change Healthcare Cybersecurity Incident Frequently Asked Questions. Question 7 provides that if covered entities affected by the breach ensure that Change Healthcare performs the required breach notifications per the HITECH Act and the HIPAA Breach Notification Rule, those covered entities do not have additional HIPAA breach notification obligations. HHS.gov Special Topics Change Healthcare Cybersecurity FAQs dated May 31, 2024
CYBERSECURITY
Oklahoma created an Insurance Data Security Law. It requires licensees to develop a data security program, conduct a risk assessment, and send notifications when a breach occurs. Annually by April 15, each insurer domiciled in this state is required to submit to the Commissioner a written statement certifying that the insurer complies with the requirements set forth in this law. SB 543
Pennsylvania amended its Breach of Personal Information Notification Act to require that notice of a security breach be given to the attorney general when there are more than 500 affected persons in the Commonwealth. SB 824
DENTAL INSURANCE
Rhode Island passed the Dental Insurance Loss Ratio Reporting and Study Act. Dental insurers are required to file an actuarial memorandum disclosing incurred claims and earned premiums for reporting years 2023, 2024 and 2025. The Commissioner will use the information to recommend a dental insurance loss ratio. HB 7944
DISCLOSURE REQUIREMENTS
Colorado enacted legislation concerning health insurance carrier price transparency requirements. SB 80
DISCRIMINATION
Maine published a bulletin clarifying that health insurers are to cover fertility care without discrimination. The bulletin states that carriers may not discriminate against any class of insureds protected by the Maine Human Rights Act and carriers shall make coverage available regardless of sexual orientation, gender identity or expression or family composition, including single parents. Bulletin 476
New Hampshire amended its Unfair Insurance Trade Practices law to prohibit an insurer selling life, long term care or disability insurance from discriminating against living organ donors. HB 1155
EXCEPTED BENEFITS
Virginia's Insurance Bureau published new guidance concerning Wellness Benefits in Excepted Benefits Policies. Carriers are advised to review and amend policy forms and rates. Notice dated May 28, 2024
FILINGS: HEALTH
Alabama published a bulletin notifying companies of updated filing requirements for Short-Term, Limited Duration Insurance (STLDI) and other excepted benefit coverage. The new bulletin replaces Bulletin 2018-04. The bulletin states that effective immediately previously filed STLDI, Hospital Indemnity, or other fixed indemnity insurance policies must be resubmitted for rates and forms review and approval. Bulletin 2024-02
Delaware published a bulletin providing updated filing guidance when submitting paid family and medical leave plans. The bulletin provides updated codes for filing through SERFF. Domestic and Foreign Insurers Bulletin 144 Rev.
GUARANTY ASSOCIATION
Iowa published a bulletin providing an updated summary document for the Iowa Life and Health Guaranty Association. The document is updated to reflect the new address for the Guaranty Association. Bulletin 24-02
HEALTH INSURANCE - COMPREHENSIVE
Illinois adopted a regulation clarifying the requirements for coverage of over-the-counter contraceptive drugs. Companies may not require that an insured have a prescription for over-the-counter contraceptives as a condition for coverage to apply. 50 Ill Adm Code 2014
New Hampshire amended its Women's Health Care law to prohibit insurers providing coverage for diagnostic and supplemental breast examinations from applying cost-sharing, co-pays or other cost sharing requirements. HB 1296
MARKET CONDUCT
California published a bulletin notifying all domestic insurers of the provisions of Sec 706.7 of the California Insurance Code and specifying those states which will be given "reciprocal" status. Insurance Commissioners in those jurisdictions are asked to notify California of violations by domestic insurers. Bulletin 2024-4
MENTAL HEALTH PARITY
Maine published a bulletin clarifying the provisions of its "Act To Provide Greater Access to Treatment for Serious Mental Illness by Restricting Prescription Drug Utilization Management by an Insurance Carrier." Bulletin 478
MISCELLANEOUS
Maryland published a bulletin listing laws enacted by the 2024 legislature. The bulletin summarizes relevant legislation and advises companies to obtain copies of specific laws at https://mgaleg.maryland.gov. Bulletin 24-15
MISCELLANEOUS HEALTH / ACCIDENT
Federal Internal Revenue Service announced the 2025 adjustments for Health Saving Accounts (HSA) and High Deductible Health Plans (HDHP). The self-only annual contribution limit for a HAS increased to $4,300 from $4,150 in 2024. The self-only HDHP minimum deductible increased to $1,650 from $1,600 in 2024. See the Revenue Procedure for other adjustments. IRS Rev. Proc 2024-25
Hawaii amended laws regarding external review and mammograms. HB 2393
Oklahoma enacted legislation relating to vision care, prepaid vision plans and providers covering licensing, reimbursements for covered services and materials, advertising, and prohibited practices. HB 1979
REPORTS - DATA CALLS & OTHER REPORTS
Connecticut published a bulletin revising the due date for the annual filing of prescription drug formularies. The completed survey must be filed no later than October 1 annually. Bulletin HC-113-24
TRADE PRACTICES
North Carolina passed a law allowing an insurer or producer to provide products or services in connection with marketing or retention of an insurance policy that do not exceed $250.00 per person per year. Additional conditions are provided. SB 124
TRAVEL INSURANCE
New Hampshire amended provisions its Travel Insurance Regulation. Certain disclosure language is also removed. Regulation 4701.01+
Pennsylvania amended provisions of its Travel Insurance Modernization Law. SB 943