Life and Health News
March 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
Maryland published a bulletin providing carriers with information and guidance regarding updated filing requirements for ACA and Small Employer form filings, effective 01/01/25. Bulletin 24-4
ANNUITIES / ANNUITY CONTRACTS
Vermont adopted a regulation regarding suitability in annuity transactions. DFR Regulation 1-2023-01 s 1+
CLAIMS / CLAIMS ISSUES
Colorado adopted a new regulation requiring that all carriers offering health benefit plans cover Respiratory Syncytial virus (RSV) Immunizations with no cost sharing. Regulation 4-2-98
Texas amended provisions concerning extensions of time frame requirements for providers and health plans regarding claim submissions and payments. 28 TAC s 21.2819
CYBERSECURITY
Maryland published a bulletin notifying carriers of the online method to be used to file the Information Security Program Certification. Carriers required to file the certification must do so by April 15, 2024. Bulletin 24-6
DENTAL INSURANCE
Wisconsin enacted legislation giving an insured the right to assign benefits directly to a provider of dental care or related services. AB 62
DEPARTMENT OF INSURANCE
Arkansas adopted new rules establishing formal and informal procedures governing the activities of the insurance department. Rule 125
EXCEPTED BENEFITS
Virginia's Bureau of Insurance issued guidance for carriers regarding wellness benefits in or attached to excepted benefits policies. Notice dated January 25, 2024
FILINGS: HEALTH
Maryland issued a bulletin providing guidance to carriers when making form and rate filings for student health plans for the 2024-2025 school year. Bulletin 24-1
FINANCIAL REGULATION
Arkansas published notice of adoption of the NAIC Accounting Practices and Procedures manual as of March 2024. Domestic reporting entities are advised to use the updated manual for reporting of the Annual Statement as of 12/31/24. Bulletin 1-2024
GUARANTY ASSOCIATION
Missouri has revised Appendix One to the Guaranty Association act to update the address of the Missouri Life and Health Insurance Guaranty Association. CSR 400-5.600
HEALTH CARE EXCHANGE / MARKETPLACE
Federal Departments of Labor, Health and Human Services (HHS) and Treasury issued FAQs regarding the Transparency in Coverage Final Rules. These rules require plans to provide cost-sharing information for a covered item or service in connection with in-network providers or an out-of- network allowed amount. CMS FAQ dated February 2, 2024
HEALTH INSURANCE - COMPREHENSIVE
New York amended insurance law to require health insurance policies to cover biomarker precision medical testing for the diagnosis, treatment, management and ongoing monitoring of an insured's disease or condition when the test has recognized efficacy and appropriateness. AB 8502
HOLDING COMPANIES
South Dakota amended its Insurance Holding Company law to require the ultimate controlling person to file an annual group capital calculation and the results of a specific year's liquidity stress test, among other changes. HB 1059
LICENSING
LIFE INSURANCE / LIFE CONTRACTS
New York amended its insurance law regarding wellness programs offered by life insurers. The law adds a description of a required disclosure to be provided at or prior to the time of application. AB 8504
MEDICARE SUPPLEMENT INSURANCE
Kentucky published notice of a new law applying to Medicare Supplement policies. The law provides new open enrollment periods and a guaranteed issue period referred to as the "birthday rule." The birthday rule requires companies to provide guaranteed issue rights, once each year, to applicants who apply for the same plan (but with a different insurer) and submit the application within 60 days of their birthday. Notice Dated January 24, 2024
Oklahoma's Insurance Commissioner informed Medicare Supplement carriers of new enrollment requirements for Medicare supplement issuers. Notice dated February 27, 2024
Virginia amended its Medicare Supplement Policies Rule by expanding the definition of disability as a reason for eligibility for Medicare, establishing a 6-month period to enroll and setting premium rate limits. 14 VAC 5-170-75
MENTAL HEALTH PARITY
California adopted amendments to its Mental Health Parity regulations. Changes are intended to clarify the requirements of health plans as they pertain to mental health and substance abuse coverage and provide better disclosure to consumers. 1300.74.72
Delaware re-issued a bulletin reminding insurers of the requirement to cover annual behavioral well-checks. Domestic-Foreign Insurers Bulletin 134 (Reissued)
Georgia published a bulletin notifying carriers of the requirement to submit data on mental health parity and addiction equity on an annual basis. The directive includes instructions for submitting the reports. Directive 24-EX-1
MISCELLANEOUS
California enacted amendments to its code of civil procedure as it relates to certain initial disclosures, the timing of those disclosures and providing for exemptions and sanctions. SB 235
New Mexico's Superintendent of Insurance announced on February 20, 2024, that its OSI eDocket system has been fully recovered from the September 2023 Cyber incident and is now fully accessible. Web update of February 20, 2024
MISCELLANEOUS HEALTH / ACCIDENT
Arkansas passed a new rule to establish an audit process to insure health benefit plans calculate the proper amounts under the No Surprises Act. Rule 69
Michigan issued a bulletin reminding insurers issuing health insurance of the requirement to provide coverage for cancer therapies that meet the criteria of MCL 500.3406e. Bulletin 2024-01-INS
Oregon's Insurance Commissioner provided guidance to insurers who write Short Term Disability policies in light of the recent implementation of the Paid Leave Oregon program. Bulletin DFR 2024-1
PRE-NEED CONTRACTS
Oklahoma's Insurance Department updated the maximum amount of principal allowed for non-specified pre-paid funeral benefit contracts from $20,000 to $28,670 to incorporate the previous year's increase in the national Consumer Price Index. Bulletin 2024-01
REPORTS - DATA CALLS & OTHER REPORTS
Maryland published a bulletin notifying carriers of an extension of the deadline to file non-quantitative treatment limitation analysis (NQTL) reports and data reports. Due to newly proposed legislation which could impact the reports, the Department is extending the reporting deadline to July 1, 2024. Bulletin 24-5
RESERVE VALUATION
Connecticut published a bulletin notifying carriers of the adoption of the 2024 edition of the NAIC Valuation Manual. Bulletin FS-47
STANDARD VALUATION LAW
Nebraska's Insurance Director announced that for the 2024 reporting year, the Department adopted the updates to the Standard Valuation Act Valuation Manual dated August 16, 2023. Guidance Document IGD-F7 amended January 25, 2024
TRADE PRACTICES
Alaska reminded insurers of their duty to comply with all applicable laws or regulations when its use of artificial intelligence (AI) impacts consumers of the state. Laws involving use of AI include the unfair trade practices act and the unfair claims settlement practices act. The bulletin reiterates the risks the department sees in the use of AI and notifies insurers of the requirement to establish an AI Systems Program to provide oversight. The department will be performing inquiries and examination to ensure compliance. Bulletin B24-01
District of Columbia enacted the "Protecting Consumers from Unjust Debt Collection Practices Technical Clarification Emergency Act of 2024." The Act prohibits any creditor or debt collector from attempting to collect a debt by visiting the household of a consumer or by publicizing the debt. B-662
Wisconsin's Commissioner of Insurance informed carriers and producers of an increase in complaints regarding the sale of Affordable Care Act compliant health plans, both on and off the exchange. Producers and insurers, out-of-state brokers in particular, are asked to take all reasonable steps to ensure the terms of prospective plans are accurately described and suitable to the applicant as Wisconsin is committed to enforcing its insurance laws and regulations. Bulletin dated February 21, 2024
UTILIZATION REVIEW - HEALTH CARE
New York passed an amendment to its utilization review law. An adverse determination related to a step therapy protocol override determination must include clinical review criteria relied upon to make the determination and any applicable alternative prescription drugs subject to the step therapy protocol. Other requirements are also included in the law. AB 8501