Insurance Regulatory Insights

Week of August 27, 2024

Telos Actuarial brings you this week’s legislative and regulatory insurance insights from around the nation.

Bill “Status” is defined in the tables below by:

  • New: proposed law recently introduced for consideration by Legislature

  • Approved: passed by the Legislature and approved by the Governor

  • Movement: bill has progressed in legislative process

  • Fail: bill has died in committee or failed to pass

Fixed Indemnity Notice

We have been tracking states that have issued guidance on the Fixed Indemnity notice, required by the Tri-Agency Rule (Short-Term, Limited-Duration Insurance and Independent, Noncoordinated Excepted Benefits Coverage).

As carriers are filing, or preparing to file, these notices, there are conflicting views (state DOI’s and carriers included) on if the notice is required for accident only, specified disease, or critical illness policies.

📊 What do you think? 📊

Does the Fixed Indemnity Notice apply to accident only, specified disease, or critical illness policies?

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👀Section 1557 of the ACA and the application of Non-Discrimination Rules to Medigap.👀

The NAIC Senior Issues (B) Task Force met August 13, 2024, where this topic was revisited.

The meeting minutes summarize that state regulators have many questions regarding the applicability of the Non-Discrimination rules to Medigap as they receive filings from carriers.

The NAIC has opted to send a letter to the OCR asking for further guidance on how these provisions are to be implemented and enforced.

It seems the NAIC, like all of us, needs more clarification from OCR!

Medicare

State

Bill/Notice Number

Status

Summary

Illinois

Massachusetts

Michigan

New York

Ohio

Rhode Island

South Carolina

Texas

CMS Memo

New

Final (CY) 2025 Marketing Guidance for Medicare-Medicaid Plans (MMPs) operating in the capitated financial alignment model demonstration.

All Products

State

Bill/Notice Number

Status

Summary

WV

Bulletin 24-06

New

All decisions or actions impacting consumers that are made or supported by advanced analytical and computational technologies, including Artificial Intelligence (AI) Systems, must comply with all applicable state insurance laws and rules, including but is not limited to, laws and rules that address unfair trade practices, unfair claims settlement practices, and unfair discrimination.

Telos Actuarial’s team of experienced regulatory compliance professionals are ready to help YOU stay informed of legislative and regulatory changes. Reach out to us for more information!

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