Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
In This Issue
Contact Us
111 Monument Circle
Suite 2700
Indianapolis, IN 46204
317-684-5400
www.bosepublicaffairs.com
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
reporting requirement by the police benefit fund to the department
of insurance.
The bill was heard on Wednesday in the House Insurance Committee.
An amendment was adopted to clarify language with respect to
several new group products (members of the armed forces; nontrucking liability; and tenant users liability). The Chairman held the bill
to work on issues regarding the Corporate Governance Annual
Disclosure section of the bill. It is scheduled to be heard again next
Wednesday, January 28th at 10:30am.
HERO PLAN
HB 1279, authored by Rep. Matt Lehman (R-Berne), establishes a
state-assisted retirement plan for private employers and employees.
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 has filed SB 555, a companion to HB 1279.
Rep. Lehman and Sen. Walker have indicated that they are not
going to move forward with the bills as drafted. Instead, they are
considering creating a website portal to serve as a connector for
providers and consumers. Discussions continue as to the direction
and substance of a website portal concept.
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 was heard this week in House Public
Health. After extensive testimony, the bill was held in committee for
further discussion.
APPLICATION OF FEDERAL
AFFORDABLE CARE ACT
HB 1479, assigned to the House Ways & Means Committee, prohibits
certain state actions related to enforcement or implementation of
the federal Patient Protection and Affordable Care Act (PPACA). The
bill requires the attorney general to file a civil action for injunctive
relief in certain circumstances and also requires a tax deduction for
taxpayers paying a penalty in relation to PPACA. HB 1479 repeals a
provision concerning application for a state innovation waiver under
PPACA. The bill is authored by Rep. Tim Harman (R-Bourbon) and co-
authored by Rep. Curt Nisly (R) and Rep. Ben Smaltz (R-Auburn). The
bill has been referred to Ways and Means.
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 was heard on Wednesday in Senate Judiciary. The bill passed
out of committee (8-1) with an amendment which 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 $50,000. (Under current law, a patient may
bring a direct action only if the amount is not more than $15,000.)
HB 1043 increases the medical malpractice cap from $1,250,000 to
$1,650,000 for claims arising after June 30, 2015 and increases the
maximum amount of liability for a health care provider or a health
care provider's insurer from $250,000 to $300,000. This bill has yet to
be scheduled for a hearing.
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
bill passed unanimously out of Committee on Wednesday with an
amendment that limits the reimbursement for implants to cost plus
25%. The bill now moves to the full Senate for consideration.
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. It is expected to
receive a hearing next week.
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. The bill is scheduled to
be heard in Senate Homeland Security & Transportation on Tuesday,
January 27th at 10am.
Rep. Matt Lehman has filed a competing bill, HB 1278, which limits its
application to specific insurance requirements for TNCs and TNC
drivers. The bill is scheduled to be heard on Wednesday, January 28th
at 10am in the House Roads and Transportation Committee.