| A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | ||
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1 | State | Cancellations / Non-renewals | Information Submission and Other Filing Requirements | Filing Format Requirements | Deadline Extensions | Licensing / Continuing Education Requirements | Relaxation of Procedural Requirements | Telemedicine | Insurer & Insurance Department Operational Changes | Stay at Home Requirements | Statutes of Limitations | Premium Relief | Cost-Sharing Waiver | Network Adequacy and Access to Out-of-Network Services | Claims Handling / Utilization Review | Special Enrollment Period | Business Continuity and Continuity of Operations Plans | Adopted Legislation | Proposed / Pending Legislation | |
2 | Alabama | 5/5/20 Bulletin No. 2020-11 The Department requests insurers refrain from non-renewing policies of insureds in deployment status who keep premium payments current. 3/30/20 Bulletin 2020-05 The Commissioner recommends insurers consider the following: - relaxing due dates for premium payments; - extending grace periods; - waiving late fees and penalties; - allowing premium payment plans which will avoid a lapse in coverage; - expanding automobile coverage to allow personal vehicles to be covered while delivering food, medicine or other essential services for commercial purposes. Insurers should consider cancellation or non-renewal of policies only after exhausting all efforts to work with policyholders to continue coverage. A policy may be cancelled or non-renewed for legally recognized reasons or policy provisions other than late or failure to pay premiums. The Commissioner also requests insurers to consider alternate methods of payment. The methods need to be consistent with safe social distancing standards and eliminate the need for in person payment. This may include online or other electronic transfers. | 3/13/2020 Bulletin 2020-02 Health carriers are asked to provide information on the steps they are taking in response to this Bulletin to the Department at yada.horace@insurance.alabama.gov. https://www.aldoi.gov/pdf/legal/2020-02%20-%20Coverage%20for%20COVID-19%20-%20CORONAVIRUS.pdf | 12/23/20 Bulletin No. 2020-21 Informs insurers that initial applications for resident producer licenses may take approximately two weeks to review, provides for the extension of certifications of completion for prelicensing courses, waives the notary requirement for prelicensing certificates of completion through March 31, 2021. and waives the proctoring requirement for Self-Study Continuing Education course exams. 10/01/20 Bulletin 2020-19 Extends the expiration dates for Prelicensing Certificates of Completion, authorizes some CE courses to be offered as webinars, and waives the examination proctoring requirement for self-study CE courses through December 31, 2020. 8/31/20 Bulletin 2020-16 Initial applications for resident producer licenses should take approximately two weeks to review. The prelicensing certificat of completion for any prelicensing course is extended past the stated expiration date according to a schedule provided in the bulletin. The bulletin also waives notarization, classroom continuing education, and self-study exam requirements. 7/29/20 Bulletin 7-29-20 The bulletin provides information regarding updates to prelicensing certificates of completion, initial license applications, notary requirements, and webinar CE requirements, among other things. 5/22/20 Bulletin 5-22-2020 The Bulletin provides information regarding producer license applications, and certificates, as well as waiving the requirement for a notarization on a certificate of completion and waiving the proctoring requirement for self-study CE courses. 3/25/20 Bulletin No. 2020-03 Initial applicants for a producer license should expect processing to take approximately three weeks. The Certificate of Completion for any prelicensing course which expires in March or April of 2020 is extended 60 days past the state expiration date on the certificate. A Prelicensing Provider whose primary contact is working from home may forego the requirement for their signature to be notarized on a Certificate of Completion issued through the end of April 2020. For courses approved as "Classroom," CE provider will be able to offer those approved courses as live webinars. To do so, the CE provider must first send a list of the courses they will offer as webinars, along with their webinar security information to the Licensing Division. For Self-Study CE courses, the Department will waive the examination proctoring requirement through the end of April 2020. | 3/13/20 Bulletin No. 2020-02 Health carriers are asked to review and ensure their telehealth programs with participating providers are robust and will be able to meet any increased demand from COVID-19. https://www.aldoi.gov/pdf/legal/2020-02%20-%20Coverage%20for%20COVID-19%20-%20CORONAVIRUS.pdf | 4/3/20 Order of the State Health Officer Insurance is exempt from the stay-at-home order 3/30/20 Bulletin 2020-04 Insurance is an essential business and insurers are allowed to stay open during the COVID-19 crisis. | 5/5/20 Bulletin No. 2020-11 The Department requests insurers not deny reinstatement, refuse to write, raise premium or apply a surcharge for members of the Armed Forces who are returning from active service and who may have discontinued or otherwise had a gap in their authomobile insurance coverage while in or due to deployed status. The Department also requests insruers provide a full credit or pro rata premium refund (rather than a short rate penalty) for the period of suspension or removal of coverage and reinstate full coverage without penalty when the policyholder returns from deployment. 4/8/20 Bulletin No. 2020-06 The Commissioner urges all Alabama automobile insurers to consider offering an immediate reduction in premium to reflect reduced exposure due to a reduction in miles driven by Alabamans. This can be accomplished through premium credit or return of premium and may be implemented immediately. An informational rate filing should be submitted via SERFF to include the timeframe, individual premium impact, and whether the action applies to new business and/or renewal. The SERFF filing fee will be waived. Prospective reductions in premium or retroactive return of premium made in accordance with this bulletin will not be considered a rebate or unfair discrimination to the extent they are reasonable and consistently applied. | 3/13/20 Bulletin No. 2020-02 The Department asks health carriers to waive any cost-sharing for COVID-19 lab tests. In addition, health carriers are also asked to waive the cost-sharing for an in-network provider office visit and an in-network urgent care center visit when testing for COVID-19, as well as for an emergency room visit when testing for COVID-19. https://www.aldoi.gov/pdf/legal/2020-02%20-%20Coverage%20for%20COVID-19%20-%20CORONAVIRUS.pdf | 3/13/2020 Bulletin No. 2020-02 Health carriers are asked to verify their provider networks are adequate to handle a potential increase in the need for health care services due to COVID-19. If a health carrier does not have a health care provider in its network with the appropriate training and experience to meet the particular health care needs of an insured, health carriers are asked to make exceptions to provide access to an out-of-network provider at the in-network cost-sharing. https://www.aldoi.gov/pdf/legal/2020-02%20-%20Coverage%20for%20COVID-19%20-%20CORONAVIRUS.pdf | 4/29/20 Bulletin No. 2020-09 Insurers are requested to be lenient in the application of a number of policy-based timeliness deadlines, as described in the bulletin. | 5/4/20 SB 330 Limits liability for medical providers and businesses and educational, religious, cultural or governmental entities related to COVID-19 claims. | |||||||||
3 | Alaska | 06/01/20 The moratorium on cancellations for non-payment of premium expired on June 1. 3/19/20 B 20-08 Prohibits insurers from terminating insurance contracts due to non-payment, effective through June 1, 2020. https://www.commerce.alaska.gov/web/Portals/11/Pub/INS_B20-08.pdf | 12/16/20 Order R20-15 The order permits insurers that had made a "File and Use" filing to request that it be treated as a "Prior Approval" filing if the insurance company experienced operational challenges due to COVID-19. The Division reserves the right to treat filings as "Prior Approval" filings as the Director deems necessary. 11/16/20 Bulletin 2020-21 Effective imediatelin, filing will be automatically extended as permitted by statute. The Bulletin provides specific guidance regarding Prior Approval Forms, File and Use Forms, Prior Approval Rates, and File and Use Rates. Insurers may also request that filings originally submitted as File and Use be treated as Prior Approval if their company experiences operational challenges due to COVID-19. The division reserves the right to treat File and Use filings as Prior Approval if deemed necessary by the director. 11/16/20 Order R2020-11 Insurers may request filings originally submitted as File and Use be treated as Prior Approval if their company experience operational challenges due to COVID-19. The division reserves the right to treat File and Use filings as Prior Approval if deemed necessary by the director. This order expires on December 15, 2020 or when the Governor determines the public health disaster emergency no longer exists. | 3/16/20 Bulletin 20-06 The Division has extended deadlines for the following filings: Prior Approval Forms File and Use Forms Prior Approval Rates File and Use Rates In addition, insurers may request that filings submitted as File and Use be treated as Prior Approval if the company experiences operational challenges. 3/18/20 Regulatory Order No. R20-02 The deadlines required for external healthcare reviews in 3 AAC 28.958 - 3 AAC 28.964 have been extended. Insurers shall make reasonable efforts to meet the deadlines required in regulation. If there will be significant delays in meeting the deadlines, insurers should inform the division of their timeline. https://www.commerce.alaska.gov/web/Portals/11/Pub/INS_R20-02.pdf | 4/9/20
SB 241 The Division may grant a license, permit, or certificate on an expedited basis to an individual who holds a corresponding license, permit or certificate in good standing in another jurisdiction to the extent necessary to respond to the COVID-19 emergency. The license will expire on November 15, 2020 or on the date the Governor ends the state of emergency, whichever is sooner. The Division may also waive or modify continuing education requirements. The Pearson Professional Center has been temporarily closed from March 16 until at least April 16, or whenever conditions are deemed safe to reopen, resulting in the cancellation of any insurance exams scheduled during that time. https://www.commerce.alaska.gov/web/ins/ | 11/16/20
Order R2020-10 Health insurers are directed to provide for early refills or replacements of lost or damaged medications and expects this flexibility to continue for the duration of the public health disaster emergency. Insurers shall allow affected consumers to obtain emergency supplies or refills without applying additional authorization requirements. In addition, consumers must be able to access their necessary prescriptions from a local retail pharmacy even if their prescription supply is normally provided by mail order without concern of a penalty. 11/16/20 EO AK 521 2020 Governor Dunleavy has issued an executive order permitting shareholder meetings to be held electronically. 8/12/20 Bulletin B20-15 The DOI will not require insurers to conduct any on-site reviews of managing general agents or TPAs in 2020. For 2020 only, insurers may conduct reviews of MGAs or TPAs through electronic means to satisfy their on-site review obligations under AS 21.27.620(e) and AS 21.27.650(i). 3/20/20 Bulletin B 20-10 To all P&C insurers: For policies that are subject to audit, insurers are encouraged to allow self-auditing and self-reporting in lieu of physical audits to the extent that physical audits are impracticable. https://www.commerce.alaska.gov/web/Portals/11/Pub/INS_B20-10.pdf | 12/16/20 Order R2020-14 Health insurers are directed to liberalize telehealth benefits during the public health emergency. Insurers must cover telehealth service categories no less generously than required by Medicare under the national public health emergency as long as the Alaska public health emergency is in effect. 11/16/20 Order R2020-10 Health insurers are directed to liberalize telehealth benefits during the public health emergency. Insurers must cover telehealth service categories no less generously than required by Medicare under the national public health emergency as long as the Alaska public health emergency is in effect. 4/9/20 SB 241 Licensing requirements are suspended for individuals offering telemedicine services if the individual is licensed to provide health care services in another jurisdiction. The amount charged by the provider must be reasonable and consistent with the ordinary fees typically charged for that service and may not be more than five percent above the ordinary fees typically charged for that service. 3/19/20 Bulletin 20-09 Health insurers are encouraged to liberalize telehealth benefits during this period of increased infection. Consumers should have access to telehealth benefits through their current health care provider. Insurers are asked to review and ensure their telehealth programs are robust and will be able to meet any increased demand. https://www.commerce.alaska.gov/web/Portals/11/Pub/INS_B20-09.pdf | 11/16/20 Bulletin 2020-20 The DOI will not require insurers to conduct any on-site reviews of managing general agents or TPAs until May 31, 2021. Until May 31, 2021, insurers may conduct reviews of MGAs or TPAs through electronic means to satisfy their on-site review obligations under Alaska statutes. | 3/27/20 COVID-19 Health Mandate Insurance companeis are exempt from the governor's stay at home order. https://content.govdelivery.com/accounts/AKDHSS/bulletins/283a7de | 4/15/20
Order R20-03 Insurers may allow policyholders to self-audit and self-report changes in their exposure or risk profile and adjust premiums accordingly or may adjust premiums based on broadly averaged estimates of exposure reduction. For policies subject to audit, insurer must allow self-auditing and self-reporting in lieu of physical audits to the extent that physical audits are impracticable. The Divisions will not consider prospective reductions in premium or retroactive refunds of premium made in good faith to accommodate COVID-19 related changes in exposure or risk profile a rebate or unfair discrimination as long as they are applied reasonably and consistently. The Division will also not consider insurers to be out of compliance with approved rating plans, rules, or policy language for applying premium adjustments or audit accommodations. 3/20/20 Bulletin B 20-10 To all P&C insurers: Prospective reductions in premium or retroactice refunds of premium made pursuant to this bulletin to accommodate COVID-19 related changes in exposure or risk profile will not be considered a rebate or unfair discrimination to the extent they are reasonable and consistently applied. Reasonable and consistently applied premium adjustments or audit accommodations will not be considered violations of statutes governing returning premiums to policyholders or the frequency of premium changes, nor will they be considered out of compliance with approved rating plans, rules, or policy language. This bulletin remains in effect until June 1, 2020. https://www.commerce.alaska.gov/web/Portals/11/Pub/INS_B20-10.pdf | 12/17/20 Bulletin 2020-24 The Director expects insurers to cover the authorized or approved COVID-19 vaccine from the date of the authorization or approval. 12/16/20 Order R2020-14 Health insurers shall waive any cost-sharing for lab testing for RSV, influenza and COVID-19 as well as for an office visit and urgent care center visit or ER visit associated with such testing, whether the visit is in-network or out-of-network. HDHPs covering COVID-19 testing without cost-sharing will maintain HDHP status as allowed under IRS bulletin 2020-15. 11/17/20 Order R2020-13 Insurers are ordered to suspend preauthorization reviews for inpatient and outpatient services for the duration of the COVID-19 pandemic as determined by the Chief Medical officer of Alaska. Insurers are directed to suspend concurrent reviews for inpatient hospital services provided. Insurers are ordered to suspend retrospective review for inpatient and outpatient and emergency services. Insurers must pay claims that are otherwise eligible for payment without first reviewing the claims for medical necessity. Insurers are permitted to require preauthorization for health care services other than emergency services. Insurers are ordered to waive any requirements for location-based credentialing. Insurers must pay claims as soon as possible. Insurers must suspend non-essential audits of hospital and provider payments during the COVID-19 emergency. Insurers should toll time limits on overpayment recovery. Insurers must also suspend deadlines for claim filing and appeals. For additional guidance, insurers may review Bulletin B20-12. The order remains in effect until December 15, 2020 or when the Governor determines the public health disaster emergency no longer exists. 11/17/20 Order R2020-12 Infusion therapies inteded to treatCOVID-19 must be covered by insurers offering health care coverage to Alaska residents. In addition, insurers shall pay, with no cost-sharing to consumers, for the administration of a COVID-19 vaccine, whether the avaccine be delivered via two shots or a single shot. The zero-cost-sharing requirement applies regardless of whether the vaccine is received from a network or non-network provider. The order remains in effect until December 15, 2020 or when the Governor determines the public health disaster emergency no longer exists. 11/16/20 Order R2020-10 Health insurers shall waive any cost-sharing for lab diagnostic testing for RSV, influenza, and COVID-19. In addition, health insurers shall waive the cost-sharing for an office visit and urgent care center visit with the above testing, as well as for an emergency room visit with testing for the above. This waiver is applicable for network and out-of-network providers, facilities and laboratories. 3/19/20 Bulletin 20-09 Health insurers shall waive any cost-sharing for laboratory diagnostic testing for RSV, influenza, and COVID-19. In addition, health insurers are also asked to waive the cost-sharing for an office visit and urgent care center visit with the above testing, as well as for an emergency room visit with testing for the above. This waiver is applicable for in-network and out-of-network providers, facilities and labs. HDHPs covering COVID-19 testing without cost-sharing will maintain HDHP status as allowed under IRS bulletin 2020-15. To be entitled to a cost-sharing waiver for COVID-19 testing, the patient must meet the criteris set forth by the Alaska Div. of Pub. Health / Epidemiology and the CDC at the time of service. Insurers shall not impose prior authorization or other medical management techniques for COVID-19 testing. https://www.commerce.alaska.gov/web/Portals/11/Pub/INS_B20-09.pdf | 11/17/20 Order R2020-13 Insurers are ordered to suspend preauthorization reviews for inpatient and outpatient services for the duration of the COVID-19 pandemic as determined by the Chief Medical officer of Alaska. Insurers are directed to suspend concurrent reviews for inpatient hospital services provided. Insurers are ordered to suspend retrospective review for inpatient and outpatient and emergency services. Insurers must pay claims that are otherwise eligible for payment without first reviewing the claims for medical necessity. Insurers are permitted to require preauthorization for health care services other than emergency services. Insurers are ordered to waive any requirements for location-based credentialing. Insurers must pay claims as soon as possible. Insurers must suspend non-essential audits of hospital and provider payments during the COVID-19 emergency. Insurers should toll time limits on overpayment recovery. Insurers must also suspend deadlines for claim filing and appeals. For additional guidance, insurers may review Bulletin B20-12. The order remains in effect until December 15, 2020 or when the Governor determines the public health disaster emergency no longer exists. 11/17/20 Order R2020-12 Infusion therapies inteded to treatCOVID-19 must be covered by insurers offering health care coverage to Alaska residents. In addition, insurers shall pay, with no cost-sharing to consumers, for the administration of a COVID-19 vaccine, whether the avaccine be delivered via two shots or a single shot. The zero-cost-sharing requirement applies regardless of whether the vaccine is received from a network or non-network provider. The order remains in effect until December 15, 2020 or when the Governor determines the public health disaster emergency no longer exists. 11/16/20 Order R2020-10 Health insurers shall waive any cost-sharing for lab diagnostic testing for RSV, influenza, and COVID-19. In addition, health insurers shall waive the cost-sharing for an office visit and urgent care center visit with the above testing, as well as for an emergency room visit with testing for the above. This waiver is applicable for network and out-of-network providers, facilities and laboratories. | 12/17/20 Order R2020-17 Insurers are ordered to suspend preauthorization reviews for inpatient and outpatient services for the duration of the COVID-19 pandemic as determined by the Chief Medical officer of Alaska. Insurers are directed to suspend concurrent reviews for inpatient hospital services provided. Insurers are ordered to suspend retrospective review for inpatient and outpatient and emergency services. Insurers must pay claims that are otherwise eligible for payment without first reviewing the claims for medical necessity. Insurers are permitted to require preauthorization for health care services other than emergency services. Insurers are ordered to waive any requirements for location-based credentialing. Insurers must pay claims as soon as possible. Insurers must suspend non-essential audits of hospital and provider payments during the COVID-19 emergency. Insurers should toll time limits on overpayment recovery. Insurers must also suspend deadlines for claim filing and appeals. 11/17/20 Order R2020-13 Insurers are ordered to suspend preauthorization reviews for inpatient and outpatient services for the duration of the COVID-19 pandemic as determined by the Chief Medical officer of Alaska. Insurers are directed to suspend concurrent reviews for inpatient hospital services provided. Insurers are ordered to suspend retrospective review for inpatient and outpatient and emergency services. Insurers must pay claims that are otherwise eligible for payment without first reviewing the claims for medical necessity. Insurers are permitted to require preauthorization for health care services other than emergency services. Insurers are ordered to waive any requirements for location-based credentialing. Insurers must pay claims as soon as possible. Insurers must suspend non-essential audits of hospital and provider payments during the COVID-19 emergency. Insurers should toll time limits on overpayment recovery. Insurers must also suspend deadlines for claim filing and appeals. For additional guidance, insurers may review Bulletin B20-12. The order remains in effect until December 15, 2020 or when the Governor determines the public health disaster emergency no longer exists. 11/17/20 Order R2020-12 Infusion therapies inteded to treatCOVID-19 must be covered by insurers offering health care coverage to Alaska residents. In addition, insurers shall pay, with no cost-sharing to consumers, for the administration of a COVID-19 vaccine, whether the avaccine be delivered via two shots or a single shot. The zero-cost-sharing requirement applies regardless of whether the vaccine is received from a network or non-network provider. The order remains in effect until December 15, 2020 or when the Governor determines the public health disaster emergency no longer exists. 5/22/20 Order R2020-8 The Director has ordered the expiration of Regulatory Order R20-06 with regard to the suspension of a number of preauthorization reviews effective June 1, 2020. 4/10/20 WCD Bulletin 20-05 Reporting that SB 241 enacted a presumption of coverage under workers compensation policies for first responders. The presumption is retroactive to March 11, 2020. 4/9/20 SB 241 Employees that contract COVID-19 are conclusively presumed to have contracted an occupational disease arising out of and in the course of employment if the employee is a first responder, medical worker, or is exposed to COVID-19 in the course of employment. | 4/9/20 SB 241 Amends several Alaska statutes that impact the state's response to COVID-19, including provisions relating to workers' compensation coverage, professional licensing and continuing education requirements, and telemedicine. Employees that contract COVID-19 are conclusively presumed to have contracted an occupational disease arising out of and in the course of employment if the employee is a first responder, medical worker, or is exposed to COVID-19 in the course of employment. | ||||||
4 | Arizona | 4/16/20 Regulatory Bulletin 2020-04 The Department encourages all insurers to work with their insureds so that coverage continues, policies do not lapse, and claimants have adequate time to fulfill requirements to obtain coverage/payment. The Department urges insurers to consider offering a number of different types of relief, including refraining from cancelling or non-renewing policies due to nonpayment of premium, granting grace periods for premium payments, working on premium payment plans, and waiving late fees and penalties, among other methods. Insurers implementing COVID-19 related customer relief programs must make an informational filing in SERFF to document their programs. Customer relief programs described in the filing and implemented during the public health emergency will not be considered violations of the unfair trade practices act, so long as the insurer administers its customer relief programs in a uniform, consistent manner that does not result in unfair discrimination between eligible customers. Insurers must continue to handle claims in accordance with regulatory timeframes. | 4/14/20 Regulatory Bulletin 2020-03 Regarding jurat page signatures, one signature without a notary is acceptable and the Department will also accept electronic signatures during the emergency. | 4/14/20 Regulatory Bulletin 2020-03 The Department is allowing insurers additional time to complete the types of filings listed in the bulletin, but reserves the right to rescind extensions of filing due dates for any individual company based upon its financial condition or unique circumstances. The hard copy filing requirements are currently waived. Insurers are instructed to not make hard copy filings. Filings should instead be emailed to financialfilings@azinsurance.gov. | 3/26/20 Executive Order 2020-17 State agencies or boards that license individuals or entities may defer requirements to renew licenses by six months from the expiration date unless the requirements may be completed online. The same is true for continuing education requirements. Testing centers for prelicense exams are closed until April 16. For self-study continuing education course exams, proctoring may done remotely through applications like Skype, Facetime, Google Meet, or Microsoft Teams. For more information contact (for CE providers) pro.ce-services@prometric.com, and (for licensees) contact the Department of Insurance at licensing@azinsurance.gov, or 602-364-4457. https://insurance.az.gov/covid19 | 4/14/20
Regulatory Bulletin 2020-03 The department will not conduct any on-site examination work that is contrary to teh spirit of any public health directive. The Department may need to request more information in electronic form. | 4/14/20 Executive Order 2020-29 Requires workers compensation insurance plans to provide coverage for all healthcare services that can be provided through telemedicine if the healthcare service would be covered were it provided through an in-person visit between the injured worker and a healthcare provider. Insurance plans may establish reasonable requirements and parameters for telehealth services, including documentation and recordkeeping, but should not be more restrictive or less favorable to providers or injured workers than are required for healthcare services delivered in-person. Workers compensation insurance plans must allow all electronic means of delivering telehealth, including telephone and video calls. 3/11/2020 Executive Order 2020-07 Insurers are required to cover telemedicine visits at a lower cost-sharing point for consumers than the same in-office service to encourage utilization of telemedicine for the duration of the state's public health emergency. https://azgovernor.gov/sites/default/files/eo_2020-07.pdf | 3/30/20 Executive Order 2020-18 Insurance companies are classified as essential and may stay open. Businesses that remain open must establish and implement social distancing and sanitation measures. | 3/11/2020 Executive Order 2020-07 Insurers are required to waive all cost-sharing requirements for consumers related to COVID-19 diagnostic testing. https://azgovernor.gov/sites/default/files/eo_2020-07.pdf | 3/11/2020 Executive Order 2020-07 Insurers are required to cover COVID-19 diagnostic testing from all qualified labs without regard to whether the lab is in-network. https://azgovernor.gov/sites/default/files/eo_2020-07.pdf | 6/25/20 Executive Order 2020-42 Extends the Good Samaritan Order to December 31, 2020, to provide immunity from civil liability for licensed health professionals, volunteer health professionals, emergency medical care technicians, healthcare institutions, and entities operating as a temporary healthcare facility for providing services related to COVID-19. | |||||||||
5 | Arkansas | 10/13/20 Bulletin No. 28A-2020 expired on October 13, 2020, ending the moratorium on cancellations and nonrenewals for nonpayment of premium. 8/27/20 Bulletin No. 28A-2020 The Commissioner has issued a moratorium on the cancellation/non-renewal of personal lines and life and health insurance policies for the non-payment of premiums for Arkansas residents who, since March 11, 2020, have been diagnosed with / positively tested for COVID-19, or, who, as a consequence of the COVID-19 health emergency, have been terminated, laid off, or who are self-employed or an independent contractor and have experienced a cessation of work. 6/19/20 Bulletin No. 26-2020 The Department has extended the duration of the COVID-19 bulletins untl August 17, 2020. 5/11/20 AR Bulletin No. 21-2020 Provides policyholders with an additional 45 day moratorium on the cancellation or nonrenewal of personal lines policies if the policyholder has been diagnosed or tested positive for COVID-19 or is unable to pay his or her premium due to a job loss caused by COVID-19. 5/11/20 Bulletin 20-2020 The Department has rescinded Bulletin 12-2020. 3/31/20 AR Bulletin No. 12-2020 The Department requests a 60-day moratorium on the cancellation or nonrenewal of personal lines policies if they have been unable to pay their premiums due to a job loss caused by COVID-19. This moratorium applies to personal lines policies that were in effect on March 11, 2020. Unlike Bulletin No. 6-2020, the requirements of this bulletin are not limited to policyholders who tested positive for COVID-19. 3/20/2020 Bulletin No. 6-2020 A 60-day moratorium is imposed on the cancellation/nonrenewal of insurance policies for the non-payment of premiums for Arkansans diagnosed with/positively tested for COVID-19. This moratorium applies to all insurance policies issued in Arkansas. Insurance carriers may request evidence of diagnosis. Insurers are directed to work with affected policyholders in paying the premiums that become due during the moratorium period by either allowing a payment plan or a further extension of the due date for the amount in full. This moratorium applies only to cancellation or nonrenewals attributed toa failure to pay premiums during the applicable 60-day period. https://insurance.arkansas.gov/uploads/resource/documents/6-2020.pdf | 12/29/20 Bulletin No. 32-2020 Notifies insurers that they must continue to follow regulatory filing deadlines with the NAIC and the DOI. Insurers may request a filing extension from the Finance Division. The DOI will not conduct on-site examinations during the COVID-19 emergency. 6/19/20 Bulletin No. 26-2020 The Department has extended the duration of the COVID-19 bulletins untl August 17, 2020. 5/11/20 Bulletin 22-2020 All insurers and regulated entities are directed to provide the Department with the appropriate email address the company has designated to field consumer contacts during the pandemic. 3/20/20 Bulletin No. 6-2020 All insurers and other regulated entities are directed to provide the Department with the appropriate email address the company has designated to field consumer contacts during the COVID-19 emergency. Carriers should forward their consumer contact email address to insurance.consumers@arkansas.gov as soon as possible. | 6/19/20
Bulletin No. 26-2020 The Department has extended the duration of the COVID-19 bulletins untl August 17, 2020. 5/11/20 Bulletin No. 22-2020 The Department will accept electronic filings with electronic signatures. Companies are expected to keep a list of all filings made electronically in lieu of hard copy filings in order to file all hard copies with the AID within 60 days after the state has allowed a universal return to work. | 6/19/20
Bulletin No. 26-2020 The Department has extended the duration of the COVID-19 bulletins untl August 17, 2020. 5/11/20 Bulletin 22-2020 If a company believes that it will not be able to meet a filing deadline, it should contact the Finance Division via email at insurance.finance@arkansas.gov to submit a request for extension. | 6/19/20
Bulletin No. 26-2020 The Department has extended the duration of the COVID-19 bulletins untl August 17, 2020. 5/11/20 Bulletin 22-2020 The Department is temporarily halting converting individual producer's license status from active to inactive for failure to submit their renewal application or renewal fees. If a producer fails to renew their license on or before the expiration date of Executive Order 20-25, then the license will expire as of that date. Any continuing education hours required to be completed by an individual producer's renewal date pursuant to AID Rule 50 shall not be due until July 1, 2020. 5/11/20 Bulletin 20-2020 The Department has rescinded Bulletin 11-2020. 4/16/20 Bulletin No. 17-2020 This Bulletin is intended to and shall rescind prior AID Bulletin 3-2019. Every licensed entity which appoints an insurance producer in this state shall annually file with the Insurance Commissioner a renewal appointment under the PRoducer License Model Act together with the fee. 3/27/20 Bulletin No. 11-2020 Producers affected by COVID-19: - will be given a 60-day extension to submit their prodcuer renewal applications or pay renewal fees from March 11, 2020; - they can continue to operate as normal and their appointments will remain in effect; - if they fail to renew their license by the extended expiration date, their license will expire and they will face fees and penalties; and - if they have to complete continuing education hours by their renewal date, these hours will not be due until May 15, 2020. | 12/4/20 Bulletin 31-2020 The Department strongly urges carriers, HOMs, and Medicare Advantage organizations insuring or administering health plans in Arkansas to waive prior authorization procedures for patients being transferred from hospitals for post-acute care for 90 days from the date of this Bulletin. 8/17/20 Bulletin 29-2020 The Commissioner has determined that the requirement that consumers sign for their pharmacist services is an impediment to the rendering of assistance to Arkansans affected by COVID. PBMs and health insurance carriers are directed to suspend the requirement that pharmacy plan beneficiaries sign for the rendering of pharmacy services during the duration of hte public health emergency period. PBMs should monitor manufacturer and wholesaler pricing to ensure consumers have sufficient access to products during the emergency. The Department asks PBMs to confirm price increases with the Department when they occur. | 6/19/20
Bulletin No. 26-2020 The Department has extended the duration of the COVID-19 bulletins untl August 17, 2020. 5/11/20 Bulletin 20-2020 The Department has rescinded Bulletin 13-2020. 3/13/20 Executive Order 20-05 The provisions of the Telemedicine Act requiring an in-person encounter, or a face to face examination using real time audio and visual means to establish a professional relationship are suspended. Physicians licensed in Arkansas who have access to a patient's personal health record maintained by a physician may establish a professional relationship with a patient using any technology deemed appropriate by the provider, including the telephone, with a citizen located in Arkansas to diagnose, treat and if clinically appropriate, prescribe a non-controlled drug to that patient. https://governor.arkansas.gov/images/uploads/executiveOrders/EO_20-05.pdf | 6/19/20
Bulletin No. 26-2020 The Department has extended the duration of the COVID-19 bulletins untl August 17, 2020. 5/11/20 Bulletin 25-2020 The Commissioner directs all title insurers to suspend on-site audits of agencies appointed with the insurer during the 45 day period beginning with May 5, 2020. 5/11/20 Bulletin 24-2020 PBMs and health insurers are directed to - suspend random audits (including, but not limited to in person or desk audits) of pharmacies, and - suspend the requirement that pharmacy plan beneficiaries sign for the rendering of pharmacy services during the 45-day period beginning with May 5, 2020. 5/11/20 Bulletin 23-2020 Health insurers are directed to: - suspend payment audits of hospitals and healthcare providers during the 45-day period beginning with May 5, 2020. - toll the time limit on overpayment recovery or any other agreed upon time limit between health insurers, and hspitals and healthcare providers during the 45-day period beginning with May 5, 2020. - comply with the reimbursement requirements for healthcare services provided through telemedicine found in s. 23-79-1602(c) and (d). 5//11/20 Bulletin No. 22-2020 The Department will not conduct on-site examination work that is contrary to the spirit of any public health directive. 5/11/20 Bulletin 20-2020 The Department has rescinded Bulletin 7-2020, Bulletin 8-2020, Bulletin 10-2020, Bulletin 15-2020, Bulletin 15-2020, and Bulletin 18-2020. 3/27/20 Bulletin No. 12-2020 The Commissioner has issued a 60-day moratorium on the cancellation/non-renewal of personal lines insurance policies and directs all insurers and regulated entities that personal lines insurance policies for Arkansas residents in effect on March 11, 2020 remain in effect until such time as Executive Order 20-03 expires. Insurers are directed not to cancel, non-renew, or terminate coverage for non-payment of premiums while this Bulletin is in effect. This moratorium extension is not automatic. To be eligible for the 60-day moratorium, affected policyholders must request this extension from their insurance carriers. Insurance carriers may request evidence of employment disruption. This moratorium applies only to cancellation or non-renewals attributed to a failure to pay premiums during the applicable period of Executive Order 20-03. 3/17/2020 Executive Order 20-06 All state agencies are ordered to identify provisions of any regulatory statute, agency order or rule that in any way prevents, hinders, or delays the agency's ability to render maximum assistance to the citizens of this state while they are adhering to guidelines to prohibit the spread of disease or seeking assistance from the state to obtain benefits or services related to health, education, employment, or any service rendered by the state in response to or to mitigate the spread of COVID-19. Agencies shall post any identified statutes, orders, and rules to their websites. Once posted by the agency, those identified statutes, orders, and rules are hereby suspended for a period of 30 days from the date of this Order. https://governor.arkansas.gov/images/uploads/executiveOrders/EO_20-06._.pdf | 6/19/20 Bulletin No. 26-2020 The Department has extended the duration of the COVID-19 bulletins untl August 17, 2020. 3/19/20 Executive Order N-33-20 Insurance company employees are exempt from the stay-at-home order as they work in a "critical infrastructure sector," as outlined by the federal government (insurance companies are considered a part of the "Financial Services Sector"). https://covid19.ca.gov/img/Executive-Order-N-33-20.pdf | 6/19/20 Bulletin No. 26-2020 The Department has extended the duration of the COVID-19 bulletins untl August 17, 2020. 6/15/20 Executive Order No. 20-35. Classifies COVID-19, SARS-CoV-2, and related viruses as occupational diseases that are excepted from the prohibition on workers' compensation covering an ordinary disease of life. The order does not create a presumption that the virus was contracted by an employee in the scope of employment. The order applies to actions filed on or after June 15, 2020 and expires with the state of emergency. 6/15/20 Executive Order No. 20-34 Provides civil liability immunity to healthcare providers acting as emergency responders during the COVID-19 pandemic. 6/15/20 Executive Order No. 20-33 Provides civil liability immunity to businesses during the COVID-19 pandemic. The immunity applies to actions filed on or after June 15 and expires with the state of emergency. 5/4/20 Bulletin No. 19-2020 The Department requires a period of 365 days to be allowed from the date an insured discovers or should discover damage from wind or hail for the insured to report damage. The Department will consider claims made outside a five year time frame to be an unreasonable amount of time for a policyholder to discover damage from windstorms or hail. 4/21/20 Executive Order No. 20-22 National guard soldiers and airmen on state active duty qualify for workers' compensation coverage if they test positive for COVID-19. 4/13/20 Executive Order 20-19 First responders and front-line healthcare workers who test positive for COVID-19 qualify for workers' compensation coverage. This order expires when the emergency declaration ends or the governor issues another order setting a different time period. 3/20/2020 Bulletin No. 6-2020 Insurers and other regulated industries are advised that they must continue to adjust claims as expeditiously as possible during this emergency in compliance with the provisions of AID Rule 43, and utilize all possible methods of adjusting claims remotely, such as telephone, email, mobile applications, satellite imagery or 3D mapping, all the while striving to meet normal time frames for the adjustment and resolution of claims whenever possible. https://insurance.arkansas.gov/uploads/resource/documents/6-2020.pdf | |||||||||
6 | California | 7/14/20 The moratorium on cancellations / nonrenewals for nonpayment of premium expired on July 14, 2020. 5/15/20 Notice The Commissioner requests that the grace period to pay insurance premiums be extended until July 14, 2020, which is 60 days from the date of this Notice. Accordingly, insurance companies should not cancel or non-renew a policyholder for failure to pay insurance premiums during this period. 4/3/20 Notice All licensees are notified that they should not attempt to enforce policy or statutory deadlines on policyholders until 90 days after the end of the statewide state of emergency or other state of emergency that impacts a specific policyholder. The Commissioner has determined that the current COVID-19 pandemic is a circumstance beyond the control of the insured, thereby constituting "good cause" under the applicable laws. 3/18/20 Requests companies provide insureds with at least a 60-day grace period to pay premiums. Consumers should contact their insurer if they need additional time to pay their premium. http://www.insurance.ca.gov/0400-news/0100-press-releases/2020/upload/nr030-BillingGracePeriodNotice03182020.pdf 3/18/20 The Department strongly encourages insurers to refrain from using the expiration of a policyholder's driver's license or vehicle registration for 60 days from March 16, 2020, to affect a driver's ability to secure and maintain auto insurance coverage, impact rates, or affect eligibility for certain discounts. http://www.insurance.ca.gov/0400-news/0100-press-releases/2020/upload/nr030DriversLicenseRegistration03182020.pdf | 11/24/20 Order Insurance companies mut submit to the Department any rate component or rating plan that includes an adjustment for COVID-19. Rating plans and filed rates in effect in 2021 must show the expected cost of COVID-19 claims. 11/5/20 Notice 11-5-2020 Effective November 1, 2020, the Department established online public access to life, disability and health policy forms approved for use in California and reports through the NAIC SERFF system. Access through SERFF to the policy forms and reports is available at no cost. 3/26/20 Notice regarding Request for Information on Business Interruption and Related Coverage in California The Department has issued a data survey to related to their commercial business interruption coverage. The data is requested by April 9, 2020. 3/18/20 Emergency Notification Filing Requirements All health insurers operating in California must submit a notification describing how the insurer is communicating with potentially impacted insureds, and summarizing the actions the insurer has taken (or is in the process of taking) to ensrue that the health care needs of insureds are met. Insurers are directed to provide several, detailed pieces of information, described more fully in the Notification, available at the link below. http://www.insurance.ca.gov/0250-insurers/0300-insurers/0200-bulletins/bulletin-notices-commiss-opinion/upload/CDI-Emergency-Notification-Filing-Requirements-COVID-19-3-18-2020.pdf | 12/10/20 Notice The Division of Workers' Compensation urges insurers and other parties to e-file or JET file documents related to claims to reduce processing times. 4/6/20 Notice Licensees are strongly encouraged to file required forms electronically via the Online Assistance System for Insurer Submittals ("OASIS"), or for corporate affairs applications, via email submission to CAB-SF-Intake@insurance.ca.gov. When remote notarization is unavailable, electronically signed/certified documents will be accepted. The required paper original of a properly executed document must be submitted within 90 days of the lifting of the “shelter-in-place” order. The Regulatory Asset Adequacy Issues Summary (RAAIS) should be submitted electronically directly to elizabeth.conde@insurance.ca.gov. | 4/22/20 Notice regarding Automatic Extension for Premium Tax Filing and Payment Any insurer or suplus line broker filing a premium tax return that requires the payment of less than $1 million in premium tax (based on the 2019 Annual Tax Liability) is hereby granted an automatic three month extension to file its premium tax return and to pay any required premium tax. Any isnurer or suplus lines broker that qualifies for the automatic extension will also be relieved automatically from any penalty or interest that would otherwise apply. This automatic extension is effective as of March 30, 2020, and will remain in effect for any premium tax return or premium tax payment of less than $1 million due on or before July 31, 2020. Any insurer or surplus lines broker that does not qualify for an automatic extension and is unable to meet the applicable filing deadlines may, prior to the applicable filing deadlines, request an extension to file its premium tax return and pay the required premium taxes. Individual requests will be evaluated on a case-by-case basis and taxpayers will be notified if their extension request has been approved or denied. Please send inquiries and requests to premiumtaxaudit@insurance.ca.gov or by mail to California Department of Insurance, Premium Tax Audit Unit, 300 South Spring Street, 9th Floor, Los Angeles, CA 90013. 4/6/20 Notice The deadlines for California licensed entities to file statutory financial statements are extended for 90 days from the original due dates. This extension applies to the 2019 Annual Statements, 2019 supplemental filings, and 2020 First Quarterly Statements. There are no extensions granted for filing Form A 110 – Valuation of Securities. When remote notarization is unavailable, electronically signed/certified documents will be accepted. Any late filing fees that would otherwise apply to such statutory financial statements will be waived while the extended filing deadlines remain in effect, but such late filing fees will be reinstated after the extended filing deadlines are concluded. If your company has any questions about financial filings, please contact Financial_Records@insurance.ca.gov. | 5/14/20 Emergency Regulations The Division of Workers' Compensation has adopted emergency regulations to address the ongoing need for medical-legal evaluations, and payment for such evaluations, during the COVID-19 pandemic. The regulations address electronic service of reports and documents, and activities that a Medical Evaluator is authorized to undertake, including conducting an evaluation through telehealth when a physical examination is not necessary and certain conditions are met. 3/5/20 Bulletin: COVID-19 Screening and Testing The Department strongly encourages insurers to waive prior authorization requests for services related to COVID-19 or, at a minimum, to respond to such requests more quickly than the time frames required by law. In the event of a shortage of any particular prescription drug, insurers should waive prior authorization and/or step therapy requirements if an insured's prescribing provider recommends the insured take a different drug to treat the insured's condition. http://www.insurance.ca.gov/0250-insurers/0300-insurers/0200-bulletins/bulletin-notices-commiss-opinion/upload/COVID-19-Screening-and-Testing.pdf | 3/5/20 Bulletin: COVID-19 Screening and Testing Insurers should work with their contracted providers to use telehealth services to deliver care when medically appropriate. http://www.insurance.ca.gov/0250-insurers/0300-insurers/0200-bulletins/bulletin-notices-commiss-opinion/upload/COVID-19-Screening-and-Testing.pdf | 3/20/20 The Commissioner encourages insurers to use their discretion to determine whether critical insurance functions can be performed during the pendency of the COVID-19 pandemic without jeopardizing the health and safety of their employees and other workers. It is encouraged that in-person, non-mandatory activities deemed non-essential should be delayed, if possible, until the resumption of normal operations. | 5/29/20 Emergency Order No. 9 The statutes of limitations with a tilling period of 180 days or less are extended until August 3, 2020. Statutes of limitations with a tolling period of greater than 180 days are extended until October 1, 2020. | 12/03/20 Amended Bulletin 2020-8 Premium relief requirements imposed by the bulletin are extended to apply to "any months subsequent to June." Information regarding premium relief provided by an insurer must be submitted to the Department by Feb. 1, 2021. After the February report, information must be submitted to the Department on a quarterly basis. 10/07/20 Notice 10-7-20 The Commissioner requests that all health insurance and specialized health insurance companies provide their policyholders with a partial premium refund no later than December 31, 2020. The refunds should be reflected in the November or december 2020 premium statements sent to policyholders or certificate holders, if refunds have not already been issued. Every insurance company subject to this Notice should report to the Department all actions taken and/or contemplated future actions in response to or consistent with this Notice within 45 days of the date of the Notice. 6/25/20 Bulletin 2020-8 Extends premium relief requirements arising from the COVID-19 pandemic through the month of July. 5/15/20 Bulletin 2020-4 Extends until May 31, 2020 the requirement that insurers refund premium to policyholders impacted by the COVID-19 crisis, as originally provided by Bulletin 2020-3. Premium refunds should be made as soon as practicable but in no event later than 120 days after the date of this bulletin. Insurers must report to the Department within 60 days all actions taken, and contemplated future actions, to make the premium refunds. 4/13/20 Bulletin 2020-3 The Commissioner orders insurers to make an initial premium refund for the months of March and April to all adversely impacted California policyholders in the following lines of insurance, as quickly as practicable, but in any event no later than 120 days after the date of this Bulletin: - Private passenger auto insurance - Commercial auto insurance - Workers' compensation insurance - Commercial multi peril insurance - Commercial liability insurance - Medical malpractice insurance - Any other line of coverage where the measures of risk have become substantially overstated as a result of the COVID-19 pandemic. Insurers may comply with the premium refund order by providing a premium credit, reduction, return of premium, or other appropriate premium adjustment. In responding to this Order, insurers may take the following actions without obtaining prior approval of rates or rules by the Department of Insurance if done consistent with the insurer's existing rating plan: - Reclassification of exposures to comport with current exposure - Reduction of the exposure base (miles drive, payroll, receipts, etc.) to reflect actual or anticipated exposure. The Bulletin provides approved methods of premium reduction. The Commissioner further orders insurers to report to the Department within 60 days of this Bulletin regarding all actions taken and contemplated in the future to refund premium consistent with this Bulletin. The Bulletin provides certain information that must be reported. | 3/5/20 Bulletin: COVID-19 Screening and Testing The Department directs all insurers providing commercial health insurance coverage to immediately reduce cost-sharing (including, but not limited to, co-pays, deductibles, or coinsurance) to zero fo all medically necssary screening and testing for COVID-19, including hospital, emergency department, urgent care, and provider office visits where the purpose of the visit is to be screened and/or tested for COVID-19. Insurers are to notify all contracted providers that the insurer is waiving cost-sharing and ensure that the insurer's advice nurse line and customer service reps are adequately informed regarding the above and clearly communicate this to insureds. Insurers must also prominently display on their website a statement that the insurer is waiving cost-sharing for medically necessary screening and testing for COVID-19, as well as guidance to insureds on how to access care. http://www.insurance.ca.gov/0250-insurers/0300-insurers/0200-bulletins/bulletin-notices-commiss-opinion/upload/COVID-19-Screening-and-Testing.pdf | 5/14/20 Notice 5-14-20 The Commissioner intends to exercise the full extent of his authority under the Unfair Claims Practices Act to pursue all available administrative remedies including substantial civil penalties against any person knowingly committing or performing any of the enumerated unfair claims settlement practices with the frequency to indicate a general business practice. 5/6/20 Executive Order N-62-20 Any COVID-19 related illness of an employee shall be presumed to arise out of and in the course of the employment for purposes of awarding workers' compensation benefits if certain requirements provided in the bulletin are met. The presumption applies for injuries occurring within 60 days of the Order's issuance. The presumption applies to all employees working outside the home, not just first responders and medical workers. 5/5/2020 Notice 5-5-2020 The Commissioner strongly encourages insurers to refrain from using the expiration of policyholders drivers licenses for any of the reasons set forth in the March 18, 2020 Notice prior to the new expiration dates applicable to commercial and non-commercial drivers licenses. 4/9/20 Notice The Department requests insurers not deny claims under personal auto policies solely because the insured was engaged in providing delivery service on behalf of a California essential business impacted by the COVID-19 related closures, and the delivery driver was operating within the course and scope of their duties on behalf of such essential business. The Department also requests that insurers add delivery coverage to personal auto policies for derivers engaged in delivery service on behalf of a California essential business and allow California essential businesses to add retroactively additional drivers not previously named under such businesses' commercial auto policies if a driver is operating a vehicle covered by a policy within the scope of their duties for the specific essential business. The Department requests insurers provide the above-described coverages as soon as possible and continue these coverages until at least 30 days after the California essential businesses are no longer subject to restrictions pursuant to Governor Newsom's order. Any insurer intended to implement the provisions of this Notice should file any amended policy forms or endorsements with the Departmenta nd, in the absence of any material defects or deficiencies, the Department will prioritize the review and approval of filings submitted pursuant to this Notice. 4/6/20 Notice Licensees of the California Department of Insurance (Department) and interested persons are reminded that existing California law requires the payment of workers’ compensation benefits to injured workers regardless of their immigration status. Workers’ compensation injuries caused by COVID-19 that arise out of and occur in the course of employment are compensable to the same extent as any other compensable injury or disease. This Notice is a reminder that such claims may not be denied on the basis of the injured worker’s citizenship or immigration status. 3/18/20 Bulletin re Insurance Company Obligations to Comply with Insurance Laws during COVID-19 Outbreak The Commissioner strongly encourages all insurance companies and other licensees to take steps during the COVID-19 crisis to maintain their ability to process and pay insurance claims and provide othr requried consumer services for insureds in a reasonable and timely manner. The Department will take into consideration the COVID-19 outbreak when evaluating whether insurers and other licensees have complied with their respective legal and commercial obligations. http://www.insurance.ca.gov/0250-insurers/0300-insurers/0200-bulletins/bulletin-notices-commiss-opinion/upload/Insurance-Laws-COVID-19-Notice-03_18_20_With_Seal_1249pm_Final.pdf | 9/17/20 SB 1159 Defines an "injury" for purposes of workers compensation coverage to include an illness or death resulting from COVID-19 under certain circumstances. Creates a rebuttable presumption that COVID-19 was contracted in the scope of employment. Provides that a COVID-19 claim is compensable after 30 or 45 days, rather than 90 days. The bill is effective from September 17, 2020 to January 1, 2023. 9/17/20 AB 685 Requires employers to notify employees of their possible exposure to COVID-19. Requires employers to notify certain qualifying individuals of their right to benefits, including workers' compensation benefits. Authorizes the Division of Occupational Safety & Health to prohibit entry into a workplace or access to a particular operation or process when such workplace, operation or process might expose workers to COVID-19. The bill is effective from September 17, 2020 to January 1, 2023. | AB 196 Creates a COVID-19 worker's compensation conclusive presumption for all essential workers with the exception of frontline workers. AB 1552 Creates a rebuttable presumption that the COVID-19 virus caused property damage triggering business interruption coverage in commercial liability policies. SB 893 Creates a rebuttable presumption that a COVID-19 related injury suffered by a hospital employee who provides direct patient care in an acute care hospital arose out of and in the course of employment. 4/22/20 SB 1159 Creates a rebuttable presumption that for certain "critical workers," COVID-19 illness or death is to be deemed "industrial." 4/17/20 AB 664 Creates a presumption that COVID-19-related injury is "industrial" for police, fire, and healthcare workers. | ||||||
7 | Colorado | 12/10/20 Bulletin B-4.107 Carriers are directed to defer the triggering of a grace period for a policyholder's failure to pay premium or otherwise make reasonable accommodations to prevent policyholders from losing coverage due to non-payment or partial payment of premiums. Carriers are directed to make such accommodations available through December 31, 2020. Carriers may resume imposition of grace periods as required for terminations that will be effective after December 31, 2020. Carriers shall provide policyholders who have failed to pay premium during the COVID-19 disaster emergency with information of the accommodations available to them as a result of this Bulletin. Carriers shall report certain information to the Division by January 15, 2021. 9/17/20 Reissued Bulletin No. B-5.38 The Division directs all insurers to make reasonable accommodations so that policies are not canceled for nonpayment of premium if the insured contacts the insurer regarding any financial hardship resulting from COVID-19 requesting a reasonable accommodation before the date the policy is set to expire or cancel. The bulletin provides examples of a number of accommodations that insurers should provide to insureds. 3/27/20 Bulletin No. B-5.38 The Division directs all insurers to make reasonable accommodations so that policies are not canceled for nonpayment of premium. The accommodations should be clearly explained on the insurer's website for as long as the Public Health Orders are in effect or this bulletin is rescinded, whichever is later. The Division will request data from insurers related to their compliance with this bulletin at some point in the future. | 4/6/20 Bulletin No. B-5.40 Insurers that have not previously offered electronic delivery of documents may choose to adjust their method of document delivery from the mailing of documents to include the electronic delivery of documents as permitted under the provisions of § 10-1-137, C.R.S. This bulletin does not change, restrict, or broaden any of the requirements under § 10-1-137, C.R.S., including that consent from the insured party is required. Where a form certification filing is required, in accordance with Section § 10-4-633, C.R.S., thirty-one days advanced filing is required before an insurer may use a new policy form. For the purposes of an electronic delivery consent form or similar consent form, the thirty-one day advanced filing is not required. Insurers, where required to submit other form filings, shall continue to do so in accordance with Section § 10-4-633, C.R.S. Insurers certifying an electronic delivery consent form, or other similar consent form, shall specify in the form filing submission the actual effective date of the use of such form. If insurers previously obtained affirmative consent from their insured for electronic delivery of documents, then insurers shall continue as such. This bulletin does not change, restrict, or broaden any provisions under § 10-1-137, C.R.S., rather this bulletin relates to the thirty-one day period before use requirement specific to an electronic delivery consent form or similar consent form. This bulletin does not add a form filing requirement if there is presently not a form filing requirement. If insurers are unable to obtain a wet signature or a verified electronic signature then that inability should be explained when the form filing is submitted. | 5/11/20 Order No. O-20-052 Colorado will issue temporary resident and non-resident insurance producer licenses pursuant to a number of conditions provided in the Order. 4/2/20 Emergency Regulation 20-E-04 The Emergency Regulation allows for the temporary continuation of producer licensing deadlines during the COVID-19 emergency. 3/17/20 As of March 17, Pearson VUE, the licensing vendor for the Division of Insurance, is suspending test delivery at all U.S. and Canada-based Person VUE-owned testing centers until at least April 16. For third-party testing centers not owned by Pearson VUE, please contact the specific center to determine if it is still open during this time. https://www.colorado.gov/pacific/dora/covid-19-updates-licensees-and-consumers | 3/17/20 Emergency Regulation 20-E-01 Carriers are directed to provide coverage for COVID-19 related in-network telehealth services with no cost share for the covered person. https://drive.google.com/file/d/1vAYettZLD4ZR-3wFZ5s_nwo6_79T1n4C/view | 8/31/20 Updated Bulletin No. B-1.35 Provides a temporary operating procedure for accepting alternate Service of Process during the COVID-19 and other emergencies while the Division of Insurance is operating remotely and/or its offices are physically closed. 3/11/20 Executive Order D 2020-003 No new Market Conduct examinations will be called during the COVID-19 crisis. If the DOI is an insurers registered agent, the insurer should provide email addresses. All complaint correspondence should be electronic. | 3/22/20 Public Health Order 20-24 Insurance companies are exempt from the workforce reduction requirements of executive order D 2020 013. https://drive.google.com/file/d/1SpX8UhqQC9PODstkbg3AgPrb8k6CTM2k/view | 4/6/20 Bulletin No. B-5.39 Where an insurer chooses to implement any discounts or premium relief actions during the coronavirus (COVID-19) pandemic, a filing shall be submitted to the Property & Casualty Rates & Forms Section. Such filings are file and use and may be implemented the day it is filed. An explanatory memorandum is sufficient to address the information requested below. A Form A is not required nor is it a requirement to complete the Company Rate Information under the Rate/Rule Schedule tab. As statistical/actuarial justification may not be immediately available, sufficient explanation detailing the actuarial assumptions and underwriting judgment the insurer utilized and relied upon to determine the amount, recipients, and duration of the discount or premium relief action, and any other relevant criteria and considerations should be included. | 3/17/20 Emergency Regulation 20-E-01 Carriers are directed to provide coverage for COVID-19 related in-network telehealth services with no cost share for the covered person. Carriers shall cover at least one additional early refill of all necessary prescriptions to ensure that the covered person has access to necessary medications. Carriers shall not apply a different cost-sharing amount for an early refill of a prescription. When a covered person meets the criteria established by the Colorado Department of Public Health and Environment for COVID-19 testing, carriers shall ensure that coverage is provided for COVID-19 testing with no cost share for the covered person. Carriers shall cover cost sharing for an in-network provider office visit, an in-network urgent care center visit, and for an emergency room visit when a covered person is seeking testing for COVID-19 and are prohibited from requiring providers to collect cost shares. If an in-network provider is unable to conduct testing for COVID-19, carriers must cover such testing if performed by an out-of-network provider pursuant to s. 10-6-704(2)(a), C.R.S. https://drive.google.com/file/d/1vAYettZLD4ZR-3wFZ5s_nwo6_79T1n4C/view | 4/30/20 Bulletin B-4.108 Carriers shall ensure testing, diagnosis, and screening for COVID-19 is available without unreasonable delay. Carriers must utilize both in-network and in-state out of network labs to process COVID-19 tests with no cost share by the covered person. | 11/19/20 Emergency Regulation 20-E-15 Requires insurance companies to waive policy restrictions so as to permit restaurant and bar employees to use their personal automobiles to make commercial food deliveries. 7/22/20 Emergency Regulation 20-E-10 Requires insurance companies to waive their policy restrictions in order for employees to continue to work while using their personal automobile for commercial food delivery. 5/5/20 Bulletin No. B-5.41 Insurers are directed accept, to the extent reasonably possible, photographs and/or video, measurements and other reasonable digital data to document a claim for damaged property submitted to the insurer by a claimant, an insured or a valid representative of the claimant or insured. If necessary, insurers and insureds may postpone an in-person property damage inspection to a reasonable and mutually agreeable date when the property may be safely inspected and electronic and digital information is not sufficient to document the loss. The bulletin provides additional direction with regard to: - Motor Vehicle Replacement Coverage; - Additional Living Expenses / Loss of Rents; - Replacement Cost Coverage | 3/19/20 Emergency Regulation 20-E-02 Establishes a special enrollment priod for uninsured Coloradans to get health insurance. Uninsured people will be allowed to enroll in individual health insurance plans from March 20 through April 3, 2020. Coverage will be effective starting on April 1, regardless of when someone enrolls. Only people who are currently uninsured are eligible to enroll, as this is not a period for people with coverage to change plans. https://www.colorado.gov/pacific/dora/news/consumer-advisory-colorado-division-insurance-establishes-special-enrollment-period | 6/29/20 SB 96 Enacts statutory requirements for remote notarization effective Dec. 31, 2020. The statutory requirements replace a temporary rule as of that date. | 5/15/20 Draft Bill Creates a rebuttable presumption that an essential worker that contracts COVID-19 did so in the course and scope of employment. | ||||||
8 | Connecticut | 6/1/20 The grace period expired on June 1, 2020. 4/2/20 Guidance concerning Executive Order 7S If an insurance company has already extended the grace period of 60 days, pursuant to Bulletin IC-40, the company is considered to be in compliance with Executive Order No. 7S even if such 60-day period ends prior to June 1, 2020. Any extended grace period issued on or after April 1, 2020 is not required to go beyond June 1, 2020, pursuant to Executive Order No. 7S. 4/1/20 Executive Order 7S For a period of 60 calendar days, beginning on April 1, 2020, and ending on June 1, 2020, no insurer may, without a court order, lapse, terminate or cause to be forfeited a covered insurance policy because a covered policyholder does not pay a premium or interest or indebtedness on a premium under the policy that is due except as provided in the order. The grace period applies to entities licensed or regulated by the Department including admitted and non-admitted insurance companies that provide any insurance coverage in Connecticut. The 60-day grace period is not automatic. To be eligible, affected policyholders must provide the information outlined above in an affidavit or other statement acceptable to their insuranc carriers. Carriers must provide instructions on how policyholders are to provide such information. This 60-day grace period applies only to cancellations or non-renewals attributed to a failure to pay premiums during the applicable 60-day grace period. 3/24/20 Bulletin Number IC-40 The Department requests that all insurers provide their insureds with at least a 60-day grace period to pay insurance premiums so that insurance policies are not cancelled for nonpayment of premium. https://portal.ct.gov/-/media/CID/1_Bulletins/Bulletin-IC-40.pdf?la=en | 6/12/20 Bulletins FS-40 & FS-41 The Department has extended the deadline for companies to submit hard copy filings. Filings will not be due less than two weeks after essential company personnel have returned to work. 3/9/20 Bulletin No. IC-39 The Department request that health insurers provide information on the steps they are taking in response to the items in this bulletin. Health insurers and health care centers may send such information to cid.lh@ct.gov. https://portal.ct.gov/-/media/CID/1_Bulletins/Bulletin-IC-39.pdf?la=en | 6/15/20 Bulleting-FS-40 and FS-41 Companies are still required to make all required electronic filings with the NAIC. However ,the Department is willing to allow insurers additional time to submit hard copy filings. All hard copy filings delayed because of COVID-19 are due no later than 2 weeks after essential company personnel have returned to work. 5/11/20 Bulletin HC-81 (#3) Repeals and replaces Bulletin No. HC-81-20 to remove the demonstration of compliance with non-quantitative treatment limitations. The Department requests that a carrier include separate filings for each market segment (individual, small group and large group) that comply with information requirements laid out in the bulletin. 4/29/20 Bulletin No. FS-39 Foreign companies are still required to make all required electronic filings with the NAIC, or, for those that are not filed with the NAIC, to submit elctronically to cid.foreignFinREgFilings@ct.gov. However, the CID is willing to allow insurers an additional 30, 45, or 60 days to complete most hard copy filings listed in the bulletin, but the Department must receive a request for late filing from the company. The Department reserves the right to reject any request based upon the financial condition and unique circumstances of the company. 4/29/20 Bulletin No. FS-38 Domestic companeis are still required to make all required electronic filings with the NAIC, or, for those that are not filed with the NAIC, to submit elctronically to cid.financial@ct.gov. However, the CID is willing to allow insurers an additional 30, 45, 60, or 90 days to complete most hard copy filings listed in the bulletin, but the Department must receive a request for late filing from the company. The Department reserves the right to reject any request based upon the financial condition and unique circumstances of the company. With regard to Insurance Holdings Company filings, such filings are still to be filed electronically through CID.FinRegFilings@ct.gov. The seal required on the signature page of each such form submitted from the date of this bulletin until June 15, 2029, may be omitted. Due to the potential disruption caused by COVID-19, CID approvals,disapprovals will be extended to a 90-day approval/disapproval time frame. 4/20/20 Notice to All Life Insurance Companies Authorized to Conduct Business in Connecticut Life insurers are advised that any life insurance application form filed for review with the Department should not include medical or other questions related to COVID-19, including, but not limited to, questions about being quarantined. Any life insurance application form filing that contains such questions will not be approved. This prohibition shall continue until the declaration of public health and civil preparedness emergency issued by the Governor is terminated. 3/24/20 Bulletin FS-36 For insurance company license applications to do business, CID will only be accepting NAIC UCAA electronic applications at this time. For the period from March 24, 2020 to June 15, 2020, the current biographical notarization requirements for insurance company licensure in Connecticut, and paper filing requirements of original signatures by domestic insurers instead using electronic delivery and electronic signatures will be suspended for any insurer that is unable to meet the current requirements due to circumstances related to the current COVID-19 situation subject to certain requirements. | 4/29/20 Bulletin No. FS-39 Foreign companies are still required to make all required electronic filings with the NAIC, or, for those that are not filed with the NAIC, to submit elctronically to cid.foreignFinRegFilings@ct.gov. However, the CID is willing to allow insurers an additional 30, 45, or 60 days to complete most hard copy filings listed in the bulletin, but the Department must receive a request for late filing from the company. The Department reserves the right to reject any request based upon the financial condition and unique circumstances of the company. 4/29/20 Bulletin No. FS-38 Domestic companeis are still required to make all required electronic filings with the NAIC, or, for those that are not filed with the NAIC, to submit elctronically to cid.financial@ct.gov. However, the CID is willing to allow insurers an additional 30, 45, 60, or 90 days to complete most hard copy filings listed in the bulletin, but the Department must receive a request for late filing from the company. The Department reserves the right to reject any request based upon the financial condition and unique circumstances of the company. With regard to Insurance Holdings Company filings, such filings are still to be filed electronically through CID.FinRegFilings@ct.gov. The seal required on the signature page of each such form submitted from the date of this bulletin until June 15, 2029, may be omitted. Due to the potential disruption caused by COVID-19, CID approvals,disapprovals will be extended to a 90-day approval/disapproval time frame. 3/24/20 Bulletin FS-36 The May 15, 2020 due date for the filing of the quarterly financial statements for the quarter ending March 31, 2020 will be extended until June 15, 2020 for any licensed insurance company that notifies CID's Financial Regulation Division by email for Domestic Insurers. The filing of the Connecticut domestic Annual Statement Supplements due at various filing times will be extended until June 15, 2020. Submission of Form B Insurance Holding Company System Annual Registration Statement, Form C Summary of 4 Changes to Registration Statement must be filed via electronic mail to CID.FinRegFilings@ct.gov. For the period from March 24, 2020 to June 15, 2020 the seal required on the signature page of each such form may be omitted from the form filing. | 8/6/20 Notice regarding Temporary Producer Licenses The Department will stop accepting applications for temporary resident insurance producer licenses on August 13, 2020. Applications for producer licenses filed after that date will not be processed until the required state exam has been passed by the applicant. Current temporary producer licenses will remain in effect until expiration of the license. Temporary licenses expire 180 days after the date of issuance. 4/20/20 Notice regarding Temporary Producer Licenses The Department will issue Temporary Insurance Producer Licenses to applicants meeting the requirements for licensure without requiring examination, subject to conditions provided in the Notice. The Commissioner may require temporary insurance producers to have a responsible licensed producer or insurer who assumes responsibility for all acts of the temporary licensee. 4/9/20 Insurance Bulletin FS-37 All licenses previously issued by the CID to insurance companies, health care centers and fraternal benefit societies bearing an expiration date of May , 2020 are valid until July 1, 2020. 3/23/20 Bulletin re Renewal of Licenses The renewal date for all licensed insurance producers whose licenses expire and will need to be renewed in the period from March 24, 2020 through May 31, 2020 will be extended to June 30, 2020. All licensed insurance producers whose CE compliance period expires between March 24, 2020 and May 31, 2020 will be granted an extension of time through June 30, 2020, in order to complete the required number of CE credits. Until furhter notice, all courses offered by licensed providers and approved for CE credits on the basis of classroom attendance can be offered via webinars or other method of electronic delivery, but such providers are required to resubmit the courses for approval for a different presentation method. The resubmission will be without any cost to the providers. Regardless of the presentation method used to deliver the material for CE credits, the providers are required to assume full responsibility for monitoring the attendance and completion of the courses. | 3/9/20 Bulletin No. IC-39 Insurers are encouraged not to apply any penalties for failure of an enrollee, certificate holder or insured to provide notice as would otherwise be required by a health insurer's or health care center's utilization review requirements where such individual has sought testing or treatment for COVID-19. | 4/1/20 Memorandum No. 2020-09 The decision to conduct an RME or CME by telemedicine will be made by the doctor; claimants who refuse to participate, will be subject to the same consequences as if they had failed to attend an in-person appointment. The Memo provides certain requirements for conduct of these examinations by telemedicine. 3/19/20 Executive Order No. 7G Telehealth providers that are in-network providers for commercial fully insured health insurance providing covered telehealth services to patients with whom there is an existing provider-patient relationship may engage in telehealth through the use of audio-only telephone. Requirements for the licensure, certification, or registration of telehealth providers shall be suspended for such telehealth providers in accordance with any related orders issued by the Commissioner of Public Health. HIPAA requirements associated with telehealth services are modified in accordance with any direction, modification or revision of requirements for HIPAA compliance as directed by the US Health and Human Services. Notwithstanding the above, other providers may engage in telehealth services provided that any provider must, prior to engaging in such services, determine whether the patient is covered by a health plan other than Medicaid or a fully-insured commercial plan, and whether such plan provides coverage for such telehealth services. A provider who receives payment under such health plan shall not bill a patient for any additional charges beyond the reimbursement received under such health plan. Any related regulatory requirement that such telehealth services be provided from a provider's licensed facility is waived. https://portal.ct.gov/-/media/Office-of-the-Governor/Executive-Orders/Lamont-Executive-Orders/Executive-Order-No-7G.pdf 3/18/20 Executive Order No. 7F Section 17b-262 of the Connecticut General Statutes and any implementing regulations, policies rules or other directives related to the Connecticut Medical Assistance Program, whether or not specifically adopted pursuant to said statute, are modified to authorize the Commissioner of Social Services to temporarily waive any requirements contained therein as the Commissioner deems necessary to enable the Connecticut Medical Assistance Program to cover applicable services provided through audio-only telehealth services. The Commissioner may issue any order and take other action that she deems necessary to implement this order. https://portal.ct.gov/-/media/Office-of-the-Governor/Executive-Orders/Lamont-Executive-Orders/Executive-Order-No-7F.pdf?la=en 3/9/20 Bulletin No. IC-39 Insurers are encouraged to offer and waive cost-sharing for medical advice and treatment of COVID-19 via telehealth services. https://portal.ct.gov/-/media/CID/1_Bulletins/Bulletin-IC-39.pdf?la=en | 9/30/20 Executive Order No. 9E Modifies the effective date of the New Insurance Data Security Requirements law so as to make it take effect on February 9, 2021. 3/20/20 Effective March 23, 2020, the Insurance Department will only accept service of process between the hours of 9 a.m. and 3 p.m. on Tuesdays and Thursdays on the 7th floor. | 3/20/20 Executive Order N. 7H Requires the closure of all non-essential businesses effective March 23 through April 22. Insurance is included among the essential businesses that will be permitted to continue to operate. The governor encourages all businesses to employ, to the maximum extent possible, any telecommuting or work-from-home procedures that they can safely implement. | 4/6/20 Notice to Auto Insurers The Commissioner urges all Connecticut automobile insurers to consder offering an immediate reduction in premiums to reflect the reduced exposure to automobile accidents. This could be accomplished through premium credits and could be implemented immediately. A filing could be made after-the-fact without penalty. The Department also encourages insurers to assist business owners who have had to begin deliveries by affording them coverage for those who request commercial Hired and Non-owned automobile insurance to protect their businesses, at least until the Governor's Emergency Order has been filed. | The Families First Coronavirus Response Act guarantees all Americans can receive free coronavirus testing. https://portal.ct.gov/-/media/Coronavirus/COVID-19-FAQs.pdf?la=enhttps://portal.ct.gov/-/media/Coronavirus/COVID-19-FAQs.pdf?la=en 3/9/20 Bulletin No. IC-39 Insurers are encouraged to waive any cost-sharing related to COVID-19 lab tests. Insurers are also encouraged to waive cost-sharing related to an in-network provider office visit, urgent care visit, or emergency room visit when the purpose of such visit is to be tested for COVID-19. https://portal.ct.gov/-/media/CID/1_Bulletins/Bulletin-IC-39.pdf?la=en | 3/9/20 Bulletin No. IC-39 If in-network availability is unreasonable with regard to time and distance, health insurers and health care centers are encouraged to permit enrollees, certificate holders and insureds to obtain testing and treatment for COVID-19 out-of-network and provide coverage for such testing and treatment the same as on an in-network basis. Please note that cost-sharing for such testing is encouraged to be waived. https://portal.ct.gov/-/media/CID/1_Bulletins/Bulletin-IC-39.pdf?la=en | 7/24/20 Executive Order No. 7JJJ Establishes a rebuttable presumption of eligibility for workers compensation for an employee who missed a day or more of work between March 10, 2020 and May 20, 2020 due to a diagnosis of COVID-19 or symptoms that were diagnosed as COVID-19, subjec to conditions provided in the order. 3/9/20 Bulletin No. IC-39 Upon notification by the Commissioner, insurers are encouraged to extend the time limits for providers, enrollees, certificate holders and insureds to submit claims for the testing or treatment of COVID-19. | Access Health CT announced that a new special enrollment period will be available for Connecticut residents who are uninsured. The period begins on March 19 and ends on April 2. Coverage for those who enroll during this period will begin April 1. https://portal.ct.gov/-/media/Coronavirus/COVID-19-FAQs.pdf?la=en | |||||
9 | Delaware | 7/2/20 Updated D&F Bulletin No. 117 Updated P&A Bulletin No. 33 Insurers must provide policyholders who were excused from paying premiums due to COVID-19 with a repayment plan that meets certain criteria provided in the bulletin. Insurers who offer repayment plans longer than 90 days may not charge interest. The Department requests insurers using such plans submit the terms to the Department through SERFF. Insurers must provide notice to policyholders regarding repayment plans, either by mail or electronically, if appropriate. Internet only-based notice is insufficient. 6/30/30 23rd Modicication of Declaration of Emergency Insurers are no longer required to cease cancellations or non-renewals of insurance policies due to nonpayment. 6/6/20 3rd Extension of State of Emergency The state of emergency is extended for 30 days. The limits on insurers ability to cancel or non-renew insurance policies is similarly extended 3/24/20 Sixth Modification of the Declaration of Emergency No insurer may, without a court order, lapse, terminate or cause to be forfeited a covered insurance polic because a covered policyholder does not pay a premium or interest or indebtedness on a premium under the policy that is due during the pendency of the declared state of emergency. https://governor.delaware.gov/wp-content/uploads/sites/24/2020/03/Sixth-Modification-to-State-of-Emergency-03242020.pdf 3/20/20 D&F Insurers Bulletin No. 116 Prod. & Adj. Bulletin No. 32 The Comissioner requests that all admitted and non-admitted carriers suspend cancellations and nonrenewals due to nonpayment of premium during the pendency of the Goveroor's declared State of Emergency. | 4/13/20
Regulatory Implementing Order Insurers must file a notice of cancellation or termination of a personal lines automobile insurance policy in accordance with the instructions posted by the Division of Motor Vehicles on the Division's website. Insurers must furnish information to the Division upon request within 21 days, rather than 30 days. Information submissions must include the insurer's most recent Delaware consumer complaint contact designee. | 6/25/20
D&F Insurers Bulletin No. 117 Insurers are encouraged to file required forms electronically and utilize electronic signatures where permitted. The Department will accept electronic signatures that comply with the Uniform Electronic Transactions Act, Title 6 Ch. 12A. The Department also encourages insurers and other regulated entities to utilize electronic signatures in their business operations if appropriate. 4/3/20 D&F Insurers Bulletin No. 117 Prod. & Adj. Bulletin No. 33 Insurers are encouraged to file required forms electronically and utilize electronic signatures where permitted. The Department will accept electronic signatures that comply with the Uniform Electronic Transactions Act, Title 6 Ch. 12A. The Department also encourages insurers and other regulated entities to utilize electronic signatures in their business operations if appropriate. The Department is temporarily suspending notarization requirements for documents required to be filed under Title 18. Any person or entity submitting forms to the Department without notarization pursuant to this Bulletin shall file the properly notarized documents within 60 days of the end of the State of Emergency, unless further extended by the Commissioner. Alternatively, the Department will accept documents notarized in compliance with 6 Del. C. s. 12A-111 or by remote notarization if authorized in the state in which the document is being notarized. | 4/9/20 D&F Insurers Bulletin No. 118 The Department is allowing insurers to request an extension of certain filing deadlines by an additional 30 to 60 days, depending on the type of filing. An insurer must request a filing deadline extension from David Lonchar, Director of the Bureau of Company Examination, Rehabilitation & Guaranty, by sending an email to dave.lonchar@delaware.gov. The Department reserves the right to reject any filing deadline extension request based upon the financial condition and unique circumstances of the applicant company that the Department deems applicable to that company. The Bulletin provides a list of the deadlines for which an insurer may request an extension. 4/3/20 D&F Insurers Bulletin No. 117 Prod. & Adj. Bulletin No. 33 On March 23, 2020, the Delaware Division of Revenue issued Technical Information Memorandum 2020-1 (the Memorandum) concerning COVID-19 tax filing extensions. Pursuant to the Memorandum, filing deadlines for the types of taxes listed in the Memorandum were extended to July 15, 2020 to correspond with the federal government’s tax filing extension to the same date. However, captive and traditional insurance company premium taxes are not tied to federal tax filings and are not included in the Memorandum. If your company believes that it will not be able to meet a filing or response deadline required by current law, regulation or Department Bulletin, please contact the Department as soon as possible to discuss alternative arrangements. If the issue involves the Market Conduct Division, please contact Frank Pyle at Frank.Pyle@delaware.gov. If the issue involves any other Division in the Department, please contact that Division directly at the email address provided in Section V. of this Bulletin, above. | 6/25/20
Update to D&F No. 117 and P&A No. 333 As of June 30, 2020, the Department will no longer issue temporary licenses. All previously issued temporary licenses will expire on September 30, 2020. Temporary licensees wishing to remain licensed must pass the required examinations by that date. 4/3/20 D&F Insurers Bulletin No. 117 Prod. & Adj. Bulletin No. 33 The Department will offer temporary licenses for all license types issued pursuant to 18 De. C. Ch. 17. Before issuance of a temporary license, the applicant must sign a Consent Order stating that they have 90 days from the date that Pearson Vue is back in operation to complete their exam. The applicant is also required to provide background checks and a Letter of Responsibility from an individual actively licensed in the state of Delaware. If there is a statewide shutdown that prevents applicants from obtaining background checks, the Producer Licensing section will no longer issue any temporary licenses. | 6/25/20 Update to D&F No. 117 and P&A No. 333 The Department will revisit its plans for scheduled on-site exams and advise insurers accordingly if the current emergency continues after July 2020. Insurers are not required to conduct on-site audits of third-party administrators that are contrary to directives limiting gatherins or requing social distancing. 4/1/20 Emergency Rulemaking regarding Department Adjudicatory Proceedings The New York Department of Financial Services ("DFS") has issued an emergency rulemaking, which provides for one set of unified rules governing the procedures for adjudicatory proceedings before the Department under all of its authority. DFS has determined that the present bifurcated rules contained in the separate Banking and Insurance regulations are inadequate for its need to engaged in a number of critical investigations and enforcement activities for which it intends to hold hearings. 4/3/20 D&F Insurers Bulletin No. 117 Prod. & Adj. Bulletin No. 33 The Department encourages insurers to allow their appraisers to rely on photographic, video, or other evidence submitted by a claimant to support their claim, and to only require an in-person appraisal inspection when it would be difficult to determine the full extent of damage through pictures or where the claimant or his/her repair shop/vendor still does not agree with the appraiser's assessment based on the photographic review. 3/23/20 Declaration of a Public Health Emergency All insurers issuing policies subject to state regulation under Title 18 of the Delaware Code shall waive all prior authorization requirements for the lab testing and treatment of confirmed or suspected COVID-19 patients. https://governor.delaware.gov/wp-content/uploads/sites/24/2020/03/Public-Health-Emergency-Order-03.23.20.pdf 3/20/20 D&F Insurers Bulletin No. 116 Prod. & Adj. Bulletin No. 32 The Department encourages carriers to waive all pre-authorization requirements for the lab testing and treatment of confirmed or suspected COVID-19 patients. The Department will not take enforcement action against any health insurance issuer that amends its catastrophic plans to provide pre-deductible coverage for services associated with the diagnosis and/or treatment of COVID-19. 3/9/20 D&F Insurers Bulletin No. 115 Carriers should not use pre-authorization requirements as a barrier to access necessary treatment for COVID-19 and should be prepared to expedite utilization review and appeal processes for services related to COVID-19 when medically appropriate. https://news.delaware.gov/files/2020/03/Domestic-and-Foreign-Insurers-Bulletin-No.-115-Coverage-for-COVID-19-Coronavirus.pdf | 4/6/20 10th Modification of the Declaration of Emergency The provosions of Title 24 related to telemedicine requiring both audio and visual technology are suspended so as to allow the use of non-smart phone or landline connections. 3/20/20 D&F Insurers Bulletin No. 116 Prod. & Adj. Bulletin No. 32 The Department expects carriers who are covering claims under insurance policies to which the telemedicine provision applies to fully reimburse providers who are providing telemedicine services in accordance with the law. 3/18/20 Second Modification of the Declaration of a State of Emergency Effective March 18, all Title 24 statutory requirements that patients present in-person before telemedicine services may be provided are suspended. Further, requirements taht the patient must be present in Delaware at the time the telemedicine services are provided are suspended, so long as the patient is a Delaware resident. Any out of state healthcare provider who would be permitted to provide telemedicine services in Delaware if they were licensed under Title 24 may provide telemedicine services to a Delaware resident if they hold an active license in another jurisdiction. The Delaware Board of Medical Licensure and Discipline's Regulation 19 regarding restrictions on the use of telemedicine is suspended. https://governor.delaware.gov/wp-content/uploads/sites/24/2020/03/Second-Modification-to-the-State-of-Emergency.pdf 3/9/20 D&F Insurers Bulletin No. 115 Carriers are directed to ensure that their telehealth and telemedicine programs with participating providers are robust and will be able to meet any increased demand. https://news.delaware.gov/files/2020/03/Domestic-and-Foreign-Insurers-Bulletin-No.-115-Coverage-for-COVID-19-Coronavirus.pdf | 4/28/20 D&F Bulletin No. 119 Approval of workers' compensation insurance premium credits associated with the Delaware Insurance Department Workplace Safety PRogram may be delayed due to the current State of Emergency safety measures in place in response to the COVID-19 pandemic. The Department requests that insurers writing workers' compensation insurance allow at least three to six months additional time for 2020 discounts to be applied, and, where possible, allow additional time for premiums to be paid. 4/3/20 D&F Insurers Bulletin No. 117 Prod. & Adj. Bulletin No. 33 Insurers and other regulated entities are encouraged to communicate with the Department via email whenever possible. The Department will not conduct any on-site examination work that is non-essential or is contrary to directives to limit gatherings or practice social distancing or isolation. The Department will not delay on-site examinations that are set to begin on or after June 2020. However, should circumstances change and the current emergency continues after May 2020, the Department will revisit its plans for scheduled examinations and advise insurers accordingly. The Department will not hold any administrative hearings and will not schedule any arbitrations that are non-essential or contrary to directives to limit gatherings or practice social distancing or isolation. At this time, it is not possible for the Department to conduct telephonic hearings due to the need to have a court reporter present to record the hearings. | 3/22/20 Fourth Modification to Declaration of State of Emergency Workers who are needed to process and maintain systems for processing financial transactions and services, including insurance services, are deemed an essential business and are exempt from the stay at home requirements of the order. However, employers in such an industry must comply with a number "responsibilities" during the COVID-19 emergency, which are provided in full in the Declaration at the below address. https://governor.delaware.gov/wp-content/uploads/sites/24/2020/03/Fourth-Modification-to-State-of-Emergency-03222020.pdf | 9/3/20 Beginning July 1, 2020, every insurer must provide a 90-day payment plan for past due premiums to individual policyholders who demonstrate a loss of job/termination of employment due to the COVID-19 state of emergency, or, if the policyholder is a business, the business demonstrates it was required to close or significantly reduce its business operations due to the COVID-19 state of emergency. Repayment of the unpaid premium must, at a minimum, be amortized over said 90-day period in up to 3 equal installments, ecept that an insurer may permit a longer repayment period to assist policyholders. 4/3/20 D&F Insurers Bulletin No. 117 Prod. & Adj. Bulletin No. 33 Insurers are encouraged to reach out to their insureds and work with them to modify payment schedules or otherwise make premium payment modifications during the Governor's State of Emergency. Insurers can and should obtain validation that the hardship of the insured or policyholder are directly related to the COVID-19 pandemic and the State of Emergency. The Department will not view any accommodations made to insureds incurring economic hardship during the COVID-19 pandemic and the State of Emergency as violating insurance laws such as unfair inducement prohibitions. | 3/22/20 Fifth Modification of Declaration of State of Emergency All COVID-19 testing shall be made available to those persons who meet criteria for such testing as established and modified from time to time by the CDC. All health care providers, facilities and entities that decide to offer testing shall make that testing available to any person presenting at the testing site who meets the CDC criteria without regard to that person's ability to pay, type of health insurance, or participation in any particular provider network. Health care provider shall provide testing to the extent that testing costs are not covered by the payments by individuals and health insurance carriers and will be covered by Delaware's Health Care Connection Program. https://governor.delaware.gov/wp-content/uploads/sites/24/2020/03/Fifth-Modification-to-State-of-Emergency-03222020.pdf | 3/9/20 D&F Insurers Bulletin No. 115 Carriers are reminded that if a carrier does not have a health care provider in its network with the appropriate training and experience to meet the particular health care needs of an insured, the carrier must provide access to an out-of-network provider at the in-network cost-sharing reimbursement level. https://news.delaware.gov/files/2020/03/Domestic-and-Foreign-Insurers-Bulletin-No.-115-Coverage-for-COVID-19-Coronavirus.pdf | 5/13/20 DCRB Circular No. 978 The Commissioner has approved revisions to the Delaware Basic Manua and the Delaware Statistical Plan Manual due to the COVID-19 Pandemic, including changes related to payroll rules, temporary classification adjustments, a new statistical code and audit reporting requirements. | 7/23/20 HB 348 Provides that relaxations on restrictions on telemedicine will continue until June 30, 2021. | |||||
10 | Florida | 3/25/20 OIR-20-04M Regulated entities are encouraged, when prudently possible, to be flexible with premium payments in order to avoid a lapse in coverage including relaxing due dates, extending grace or reinstatement periods, waiving late fees and penalties, and allowing payment plans. Regulated entities are encouraged to only consider cancellation of policies if all possible efforts to work with consumers to continue coverage have been exhausted. Regulated entities should extensively and proactively message, to their consumers and agency partners, the avenues by which consumers and agents can communicate specific situations to regulated entities for purposes of allowing flexibility. | 3/25/20 OIR-20-04M OIR is granting a 30-day extension for any annual statements due to be filed with OIR by a regulated entity on or before May 1, 2020, for HMOs, insurance administrators, continuing care providers, and MEWAs. The deadline to report claims data for the Assignment of Benefits Data Call has been extended until June 1, 2020. OIR is also waiving the affidavit requirements within the data call. https://www.floir.com/Office/Coronavirus-COVID-19.aspx | 4/17/20 CFO Directive 2020-07 The examination requirements provided by section 626.221, Florida Statutes, for insurance agent licensure are suspended. The Department of Financial Services will issue temporary licenses to Florida residents in the following classifications: Health Agent, Life AGent, and Personal Lines Agent. Issuance of a temporary license shall be dependent on a number of conditions provided in the directive. The holder of a temporary license shall be appointed by a sponsoring insurer which assumes responsibility for all acts of the temporary licensee and may only solicit insurance under the direct supervision of a licensed and appointed insurance agent authorized to sell the type of insurance being solicited. 3/20/19 State examination testing locations are closed until April 16 or whenever conditions are deemed safe to re-open. The office continues to process license applications but cannot complete them without exam results and fingerprints. | 4/6/20
OIR-20-06M All health insurers, other health entities regulated by OIR, and pharmacy benefit magagers are requested to transition to an electronic audit process. Pharmacy benefit managers are strongly encouraged, when prudent, to extend audit deadlines during the public health emergency. 3/25/20 OIR-20-04M Regulated entities, agents, consumers and employers are strongly encouraged to explore virtual options for underwriting and adjusting claims in lieu of in-person property inspections and for premium audits of employers' records. 3/10/20 OIR-20-02M Insurers and other licensed entities that provide prescription medication coverage shall waive time restrictrictions on prescription medication refills, which include suspension of electronic 'refill too soon' edits to pharmacies, to enable insureds or subscribers to refill prescriptions in advance, if there are authorized refills remaining, and shall authorize payment to pharmacies for at least a 30-day supply of any prescription medication, regardless of the date upon which the prescription had most recently been filled by a pharmacist. The bulletin includes additional restrictions on refills. https://www.floir.com/siteDocuments/OIR-20-02M.pdf 3/9/20 Executive Order No. 20-52 The Director of the Florida Division of Emergency Management is empowered to suspend the effect of any statute, rule or order that would in any way prevent, hinder, or delay any mitigation, response, or recovery action necessary to cope with this emergency. Each state agency may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of that agency, if strict compliance with the provisions would in any way prevent, hinder or delay necessary action in coping with the emergency. Pharmacists may dispense up to a 30-day emergency prescription refill of maintenance medication to persons who reside in an area or county covered under this Executive Order and to emergency personnel who have been activated by their state and local agency but who do not reside in an area or county covered by this Executive Order. https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-52.pdf | 5/8/20 DOH No. 20-007 Permits doctors to continue hosting routine checkups with patients without face-to-face contact. 4/6/20 OIR-20-06M All health insurers, HMOS, and other health entities are encouraged to broaden access to care for telehealth services. 3/26/20 Executive Order No. 20-85 The portions of s. 110.123 and s. 110.12315 relevant to telehealth are suspended and the DMS Secretary is directed to amend state employee health benefits plans and pharmacy benefits plans to include telehealth services at no additional cost to employees. DMS is also directed to ensure taht all state employees have access to telehealth services through the state's contracted HMO and PPO plans without cost-sharing. 3/16/20 DOH No. 20-002 Permitting certain individuals holding a health care license in states other than Florida to provide telehealth services to Florida residents during the COVID-19 emergency. http://www.flhealthsource.gov/pdf/emergencyorder-20-002.pdf | 3/6/20 OIR-20-01M Insurers directed to consider all practicable options to reduce the barriers of cost-sharing for testing and treatment of COVID-19 during the public health emergency. https://www.floir.com/siteDocuments/OIR-20-01M.pdf | 3/6/20 OIR-20-01M Insurers are reminded that emergency services for an emergency medical condition must be covered at the in-network level regardless of which provider performs the services. Additionally, when consumers receive emergency services from a health care provider that does not participate in the issuer's provider network, providers are directed to ensure that consumers incur no greater out-of-ocket costs for the emergency services as they would have incurred with a participating provider. https://www.floir.com/siteDocuments/OIR-20-01M.pdf | 4/6/20 OIR-20-05M All Regulated Entities are reminded that section 440.09, Florida Statutes, requires an employer to provide workers’ compensation coverage if the employee suffers a compensable injury arising out of work performed in the course and scope of employment. First responders, health care workers, and others that contract COVID-19 due to work-related exposure would be eligible for workers’ compensation benefits under Florida law. See § 440.151, Fla Stat | 3/16/20 OIR-20-03M All companies regulated by OIR are directed to review and update their Business Continuity Plans and/or Continuity of Operation Plans immediately. The plans must provide a framework for the continuation of company operations, including key insurance functions such as policy issuance, premium collection, claims adjustment and payment and policyholder service. Teh continuity plans should also account for DOH and CDC guidance surrounding COVID-19, including executive orders issued at the state and national level. If an insurer or other entity activates its Business Continuity and/or Continuity of Operations Plan in response to COVID-19, the company must notify OIR within the same day. If in response to COVID-19, business operations are compromised to the extent that it jeopardizes teh company's ability to provide essential insurance services to policyholders, the company must immediately notify OIR, detailing the extent to which operations are compromised. https://www.floir.com/siteDocuments/OIR-20-03M.pdf | ||||||||||
11 | Georgia | 5/19/20
The mandatory grace periods for nonpayment of premium and moratoria on cancellations expired. 4/28/20 Bulletin 20-EX-7 The Directive to all Property & Casualty Insurers to refrain from canceling, for the cause of non-payment, an commercial policies that include business interruption to business income coverage will expire on May 19, 2020. The Directive to all health insurers to refrain from canceling health policies for the cause of non-payment will expire on May 31, 2020. However, teh Commissioner encourages Health Insurers to be accommodating towards consumers who find themselves in financial difficulty. 3/20/20 Directive 20-EX-5 P&C insurers are directed to refrain from canceling any commercial policies, including business interruption or business income coverage, due to lack of payment of premiums for the next 60 days. Health insurers are also directed to refrain from canceling policies for non-payment until further notice. Should the pandemic last longer than expected the period may be extended. https://www.oci.ga.gov/ExternalResources/Announcements/Directive-3202020-1057.pdf | 3/9/20 Directive 20-EX-3 The Department asks that health insurers provide information on the steps they are taking in response to this Directive. https://www.oci.ga.gov/ExternalResources/Announcements/Directive-392020-943.pdf | 4/28/20 Bulletin 20-EX-7 The suspension of all non-federal filing dealines and waiver lof late filing fees will expire on May 31, 2020. 3/20/20 Directive 20-EX-5 All non-federal filing deadlines are suspended and late fees are waived until the Commissioner deems it safe to return to normal practices. This suspension is not applicable to product filings. Inquiries regarding these waivers should be directed to Steve Manders. 3/17/20 Order of the State Board of Workers' Compensation Deadlines for all workers' compensation claims are extended through April 13, 2020. | 4/28/20 Bulletin 20-EX-7 The extension of continuing education deadlines will remain in effect until May 31, 2020. 3/31/20 Bulletin 20-EX-6 The Commissioner has waived in-person CE requirements through May 31, 2020. For any licensed agent having a CE deadline falling before May 31, 2020, that deadline has been extended to May 31, 2020. For any licensed agent requiring in person CE, the requirement that the CE be obtained in person is waived through May 31, 2020. This extension and waiver of CE requirements for licensed agents is subject to further evaluation as the COVID-19 situation develops. 3/20/20 Directive 20-EX-5 All in-person, on-site exams, audits, and licensing requirements are suspended until conditions improve. All testing facilities for those seeing insurance licenses are closed. Those who have not submitted all relevant paperwork for testing should do so in order for testing facilities to quickly process applications upon reporting. https://www.oci.ga.gov/ExternalResources/Announcements/Directive-3202020-1057.pdf 3/16/20 Directive 20-EX-4 All licensed agents are advised taht in-person CE requirements are waived through April 30, 2020. Agents seeking license renewal should apply for renewal, even if their CE requirements are not yet met. CE requirements may be waived past April 30, depending on the length and severity of the COVID-19 outbreak. https://www.oci.ga.gov/ExternalResources/Announcements/Directive-3162020-1652.pdf | 12/3/20 Executive Directive 20-EX-9 The Department advises insurers that they should suspend preauthorization requirements for post-acute placements, including but not limited to, skilled nursing facilities, home health care services, acute rehab services, and long-term acute care hospitals, following an inpatient hospital admission for 60 days from the date of this Directive. Issuers may review post-acute placements for medical necessity concurrently or retrospectively. 3/20/20 Executive Order Re Reducing Regulations All licensed Georgia pharmacits are permitted to dispense a 90-day supply of a prescription drug in the event that the patient has no remaining refills and the pharmacist is unable to contact the issuing practitioner to obtain refill authorization. Pharmacists are also permitted to early refill prescriptions for prescription drugs. These emergency authorizations shall not apply to prescriptions for Schedule II controlled substances. https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders 3/20/20 Directive 20-EX-5 There is an immediate and expedited review process available for all applications for products that are critical due to COVID-19. https://www.oci.ga.gov/ExternalResources/Announcements/Directive-3202020-1057.pdf 3/9/20 Directive 20-EX-3 The Department request that insurers make expedited formulary exceptions if an insured is suffering from a health condition that may seriously jeopardize the insured's health, life, or ability to regain maximum function or if the insured is undergoing a current course of treatment using a non-formulary prescription drug. The Department encourages issuers to consider allowing enrollees the temporary use of out-of-network pharmacies at the in-network benefit level of coverage in the event a shortage of medications occurs at network pharmacies. https://www.oci.ga.gov/ExternalResources/Announcements/Directive-392020-943.pdf | 3/20/20 Executive Order Re Reducing Regulations The Georgia Composite Medical Board is ordered to immediately adopt emergency rules to provide telemedicine licenses pursuant to Code Section 43-34-31.1 https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders 3/9/20 Directive 20-EX-3 Health insurers should ensure their telehealth programs with participating providers will be able to meet any increased demand resulting from the COVID-19 outbreak. https://www.oci.ga.gov/ExternalResources/Announcements/Directive-392020-943.pdf | 3/28/20 The Georgia Board of Worker's Compensation has postponed hearings scheduled for March 16 through April 13, 2020. | 4/2/20 Executive Order Insurance business may stay open despite the governor's shelter in place order as long as they conform to social distancing rules, minimum basic operations, and certain health and hygiene requirements listed in the executive order. | 12/29/20 Executive Directive 20-EX-10 The Commissioner requests that health plans permit providers to send tests to commercial labs that are out of network, and requests that labs accept the health plans in-network reimbursement rate for COVID-19. 3/16/20 Directive 20-EX-4 The Commissioner asks commercial labs to be mindful of what they charge for COVID-19 tests and asks insurers to reimburse labs at an in-network rate and that the labs accept that rate. 3/9/20 Directive 20-EX-3 The Department invites health insurers to consider options to reduce potential barriers of cost-sharing for testing and treatment of COVID-19 during the outbreak. Insurers are asked to waive cost-sharing for an in-network provider office visit and an in-network urgent care center visit when testing for COVID-19, as well as for an emergency room visit when testing for COVID 19. https://www.oci.ga.gov/ExternalResources/Announcements/Directive-392020-943.pdf | 3/9/20 Directive EX-20-3 If an insurer does not have a health care provider in its network with the appropriate training and experience to meet the health care needs of an insured, health insurers should make exceptions to provide access to an out-of-network provider at the in-network cost-sharing rate. https://www.oci.ga.gov/ExternalResources/Announcements/Directive-392020-943.pdf | 12/31/20 Executive Directive 20-EX-11 Insurers are advised that certain utilization review and notification requirements (as more fully described in the bulletin) should be suspended for 30 days from the date of this letter. 4/28/20 Bulletin 20-EX-7 Insurers and hospitals should note that the Commissioner's request that certain utilization review and notification requirements be suspended will expire on May 25, 2020. 4/13/20 GAC 120-2-49-.09 Permits the payment of claims by electronic funds transfer or other methods of electronic payment, as authorized by the insurer or self-insurer, provided, however, that the payee may elect to receive payment by check. 3/9/20 Directive 20-EX-3 Insurers should not use preauthorization requirements as a barrier to access necessary treatment for COVID-19. They should be prepared to expedite utilization review and appeal processes for services related to COVID-19, when medically appropriate. | 8/05/20 SB 359 Provides immunity from liability claims regarding COVID-19. Provides for assumption of risk presumptions. | SB 359 6/29/20 The Georgia Legislature has sent SB 359 to Gov. Kemp for his signature or veto. The bill protects businesses and others from being sued for damages resulting from a person's contraction of COVID-19. | ||||||
12 | Hawaii | 7/17/20 Memorandum 2020-9(A) Memoranda 2020-1LIC, 2020-4A, and 2020-5LIC shall apply and stay in effect until determined otherwise by the office. 4/27/20 Memorandum 2020-4A The Division will not consider the granting of additional time to policyholders to pay premiums before non-renewals or cancellations become effective, or the extension of grace periods for payment of premiums to be an unfair trade practice or method of competition. 3/27/20 Memorandum 2020-3I The Commissioner encourages insurers to consider: - refraining from cancelling or non-renewing policies due to non-payment and grant a grace period for premium payments to be made; - working with insureds on a structured payment plan for late premium payments; - waiving late fees and penalties; - extending timeframes to complete property and automobile inspections or undergo medical examinations; and - continue working with insureds for a period of 60 days after the emergency has passed, or as long as reasonably practical. | 7/17/20
Memorandum 2020-9(A) Memoranda 2020-1LIC, 2020-4A, and 2020-5LIC shall apply and stay in effect until determined otherwise by the office. 6/3/20 Memo 2020-5LIC Extends the deadline for renewing workers' compensation adjuster licenses for 90 days. | 10/15/20 Memorandum 2020-13(LIC) The memo provides information regarding updates to the licensing process in response to the COVID-19 pandemic that will take effect on November 15, 2020. 7/17/20 Memorandum 2020-9(A) Memoranda 2020-1LIC, 2020-4A, and 2020-5LIC shall apply and stay in effect until determined otherwise by the office. 3/19/20 Memo 2020-2LIC Workers' Compensation Adjuster Licenses subject to renewal on April 16, 2020 will be extended past the April 16 date until examinations are made available again. Pearson VUE has temporarily closed testing sites until April 16. Licensees who are required to take and pass an examination for an April 16 renewal date must pay fees timely and submit a written explanation that the examination requriements has not been met due to unavailability of testing by Pearson VUE. Licensees must take the examination within 45 days from the date that testing is made available. https://cca.hawaii.gov/ins/files/2020/03/IC-Memo-2020-2LIC.pdf 3/18/20 Memo 2020-1LIC New producer and surplus lines broker license applicants may continue to submit their applications and pay fees online 24 hours a day, 7 days a week via National Insurance Producer Registry at https://nipr.com. Active licensees may continue to renew their licenses online at https://www.ehawaii.gov/dcca/hils/renew/exe/insrenew.cgi. Currently active licensees are strongly encouraged to renew early and may renew their licenses up to 90 days prior to their license expiration date. https://cca.hawaii.gov/ins/files/2020/03/Commissioners-Memo-re-New-Renew-React-Licenses-2020-1LIC.pdf | 3/23/20 Third Supplementary Proclamation Insurance company workers are exempt from the state's stay-at-home order. https://governor.hawaii.gov/wp-content/uploads/2020/03/2003162-ATG_Third-Supplementary-Proclamation-for-COVID-19-signed.pdf | 7/17/20
Memorandum 2020-9(A) Memoranda 2020-1LIC, 2020-4A, and 2020-5LIC shall apply and stay in effect until determined otherwise by the office. 4/27/20 Memorandum 2020-4A The Division will not consider the following activities to be an unfair trade practice or method of competition: - waiving late fees, penalties, or other charges relating to an insured's temporary inability to submit premium payments or otherwise respond to an insurer's inquiries; - extension of grace periods for payment o premiums; - allowing self-auditing and self-reporting in lieu of physical audits to the extent that physical audits are impracticable. The Division will consider proposals from insurers to adjust to changes in their risk exposure, so long as the newly proposed rates are lower than what is the latest approved rate on file, the insurer's actions are applied uniformly and without prejudice to similarly affected insureds and the insurer has notified the Commissioner in writing of its specific proposal and justfications. Possible actions inlude: - temporary reductions in premum; and - retroactive premium refunds. | 7/17/20
Memorandum 2020-9(A) Memoranda 2020-1LIC, 2020-4A, and 2020-5LIC shall apply and stay in effect until determined otherwise by the office. 4/27/20 Memorandum 2020-4A The Division will support the following measures in claims handling to ensure consumer protection measures: - virtual inspections of property; and - increased use of electronic delivery methods for consumer notifications and interactions. The Division will consider proposals from insurers to adjust to changes in their risk exposure, including allowing personal vehicles to be coverd for commercial and charitable purposes, so long as the insurer's actions are applied uniformly and without prejudice to similarly affected insureds and the insurer has notified the Commissioner in writing of its specific proposal and justfications. | |||||||||||||
13 | Idaho | 4/22/20
Bulletin No. 20-06 The hard copy, original signature, and related filing requirements are currently waived. Companies are expected to keep a list of all filings that were made electronically in lieu of hard copy filings so that they can file all the hard copies within 60 days after the state has allowed a return to work. | 4/22/20
Bulletin No. 20-06 Upon a request from an insurer, the Department may allow insurers additional time to complete certain filings listed in the Bulletin. The Department reserves the right to reject any such individual company requests based upon the financial condition and unique circumstances of that company. | 12/16/20 The Department will offer remotely proctored insurance licensing exams as well as on-site exams, beginning December 16, 2020. 3/13/20 Proclamation State licensing agencies and departments are authorized to temporarily exercise enforcement discretion, implement temporary rules, and waive licensing and related requirements to maximize access to health care services and provider support in response to COVID-19. https://gov.idaho.gov/wp-content/uploads/sites/74/2020/03/covid-19-declaration_final.pdf | 4/22/20
Bulletin No. 20-06 The Department will not conduct any on-site examination work taht is contrary to the spirit of any public health directive. As a result, insurers should be aware that the Department may need to request mor information in electronic form. 3/23/20 Proclamation The rules of the Board of Pharmacy pertaining to refill authorizations are suspended. https://coronavirus.idaho.gov/wp-content/uploads/sites/127/2020/03/proclamation_agency-rules_032320.pdf | 3/25/20 Order to Self-Isolate Insurance companies are exempt from the stay-at-home order | 7/10/20 Bulletin 2020-13 Requires insurers to forego any cost-sharing requirements for covered COVID-19 virus diagnostic testing and related services, including influenza testing or other respiratory testing when done in conjunction with COVID-19 testing, whether at an in-network or out-of-network provider. | 7/10/20 Bulletin 2020-13 Requires insurers to forego any cost-sharing requirements for covered COVID-19 virus diagnostic testing and related services, including influenza testing or other respiratory testing when done in conjunction with COVID-19 testing, whether at an in-network or out-of-network provider. Also directs insurers to ease out-of-network requirements and procedures when access to urgent testing or treatment is unavailable from in-network providers. | 7/10/20
Bulletin 2020-13 Directs insurers to relax prior approval requirements and procedures for medically necessary testing or treatment. 4/27/20 Bulletin 2020-9 The Department has accepted the NCCI filing revising their Basic Manual and Statistical Plan as related to the COVID-19 pandemic. The NCCI has established rules related to definitions, treatment, and reporing of payments made by an employer to employees who are furloughed as a result of emergency orders, laws or regulations issued due to the COVID-19 pandemic. | 8/27/20 HB 6 Provides limited immunity from liability for claims related to COVID-19. | ||||||||||
14 | Illinois | 5/29/20
The mandatory grace periods for nonpayment of premium and moratoria on cancellations expired. 5/5/20 Bulletin 2020-12 The Department requests that insurers extend the safeguards listed in Company Bulletin 2020-09 through May 29, 2020. 4/3/20 Company Bulletin 2020-09 The Department hereby requests that all insurers licensed or authorized to transact insurance business in this State immediately consider implementing the following protective measures. Insurers need not file policy or rating manual changes to implement these measures. - Moratorium on cancellations and nonrenewals through April 30, 2020 or a later time if considered reasonable given an individual consumer's circumstances. - Postponement of cancellation and nonrenewal hearins - Extension of any policy provisions or other requirements that impose a time limit for an insured or claimant to perform any act, including the submission of a claim or proof of loss, reporting of information, or submission of bills. - 30-day extension to make required repairs - The Department does not intend to construe extensions of coverage provided pursuant to this Company Bulletin as converting a policy into one subject to the 60-day notice requirement set forth in Section 143.21.1 of the Insurance Code. 3/2/20 Company Bulletin 2020-2 A health insurer may not cancel or nonrenew coverage based on an enrollee's receipt of, or attempt to obtain, treatment or testing for COVID 19. An issuer also may not deny enrollment in new coverage based on testing for or treatment of COVID 19. https://insurance.illinois.gov/cb/2020/CB2020-02.pdf | 5/8/20
Bulletin 2020-13 Provides a number of updated filing format requirements. | 5/8/20 Bulletin 2020-13 Provides updated filing deadlines for individual and small group health palns, and dental plans offered on and off the marketplace. 4/16/20 Company Bulletin #2020-10 The Director has determined that the COVID-19 emergency is "jsut cause" for an untimely CGAD filing. The Director is waiving the $200 daily penalty for a late filing unil August 1, 2020, where the delay in filing was caused by the COVID-19 emergency. Any delays in filing up to August 1, 2020, caused by the COVID-19 emergency, do not require prior approval from the Director, but the filing should note that the delay was caused by the COVID-19 emergency. | 5/29/20 Executive Order 2020-39 Extends 30 executive orders related to the COVID-19 crisis, including an order that suspends certain testing and education requirements related to professional insurance licenses. 3/19/2020 Executive Order 2020-9 During the duration of the Gubernatorial Disaster Proclamation, the following requirements of the Medical Practice Act of 1987 for reinstatement of a license are suspended for licensees whose licenses have been lapsed or inactive for less than three years: (1) proof of meeting continuing education requirements for one renewal period, and (2) payment of a reinstatement fee. https://www2.illinois.gov/sites/coronavirus/Resources/Pages/ExecutiveOrder2020-09.aspx | 9/2/20 Bulletin 2020-17 The Department will not take enforcement action against insurers that provide financial relief to small group and individual enrollees in the 2020 plan year, provided that it is done in the manner set forth in the CMS guidance. The Department requires the filing via SERFF of a request regarding the financial relief for informational purposes. 3/2/20 Company Bulletin 2020-2 The Department encourages issuers to cover enrollees for prescription drug refills even when the enrollee has not yet reached their scheduled refill date, provided that the prescription itself would remain valid beyond the refill date. This recommendation does not apply to prescription drugs with a high likelihood of abuse, such as opioids that are restricted to 7-day prescriptions. https://insurance.illinois.gov/cb/2020/CB2020-02.pdf | 3/19/20 Executive Order 2020-09 Health insurers are required to cover the costs of all telehealth services rendered by in-network providers to deliver any clinically appropriate, medically necessary covered services and treatments to insureds, enrollees, and members under each policy, contract, or certificate of health insurance coverage. Insurers may establish reasonable requirements and parameters for for telehealth services, icnluding with respect to documentation and recorkeeping, to the extent consistent with this Executive Order or any subsequent company bulletin. Telehealth services may be provided by any in-network physicians, physician assistants, optometrists, advanced practice registered nurses and other health care workers listed in the bulletin as long as they are licensed. The following statutory limitations are suspended for provision of telehealth services to mental health and developmental disability patients in Illinois: 1. The disclosure prohibitions as to records and communications pursuant to 740 ILCS 110/5(a). 2. The written consent provisions pursuant to 740 ILCS 110/5(b). https://www2.illinois.gov/sites/coronavirus/Resources/Pages/ExecutiveOrder2020-09.aspx | 3/20/20 Executive Order 2020-10 All persons living in Illinois are ordered to stay at their place of residence. Exceptions are made for essential businesses and operations, which includes insurance. https://www2.illinois.gov/sites/coronavirus/Resources/Pages/ExecutiveOrder2020-10.aspx | 3/19/20 Executive Order 2020-09 Health insurers shall not impose any cost-sharing (copayments, deductibles, or coinsurance) for telehealth services provided by in-network providers. However, in accordance with the standards and definitions in 26 USC 223, if an enrollee in a high deductible health plan has not met the applicable deductible under the terms of their coverage, the requirements of this section do not require an issuer to pay for a charge for telehealth services unless the assoicated health care service for that particular charge is deemed preventive care by the United States Treasury. https://www2.illinois.gov/sites/coronavirus/Resources/Pages/ExecutiveOrder2020-09.aspx 3/2/20 Company Bulletin 2020-2 The CDC and the Illinois Department of Public Health have agreed to bear the cost of the lab test for the presence of COVID 19. However, it is possible that hospitals will still charge their own fees for collecting speciments, which then could be pilled to the patient or the patient's health insurer. The Department encourages health insurance issuers to consider all feasible and prudent options to reduce the barriers of cost-sharing for testing and treatment of COVID 19 during the outbreak. https://insurance.illinois.gov/cb/2020/CB2020-02.pdf | 3/2/20 Company Bulletin 2020-2 The Department encourages issuers to consider allowing enrollees the temporary use of out-of-network pharmacies at the in-network benefit level of coverage in the event a shortage of medications occurs at network pharmacies. | 4/28/20 The WCC has withdrawn the emergency rule providing that first responders and front line workers exposed to COVID-19 during the COVID-19 emergency are presumed to have been exposed in the course of their employment. 4/13/20 Notice of Emergency Amendment The proposed rules ensure that in any case before the Workers' Compensation Commission where any COVID-19 First Responder or Front-Line Worker is exposed to COVID-19 during the State of Emergency it will be rebuttably presumed that the individual's exposure arises out of and in the cours of and causally connected to their employment. 3/19/20 Executive Order 2020-09 Health insurers shall not impose upon Telehealth Services utilization review requirements that are unnecessary, duplicative, or unwarranted, nor impose any treatment limitations that are more stringent than the requirements applicable to the same health care service when rendered in-person. For telehealth services delivered by in-network providers that relate to COVID-19, health insurance issuers shall not impose any prior authorization requirements. https://www2.illinois.gov/sites/coronavirus/Resources/Pages/ExecutiveOrder2020-09.aspx | 1/13/21 HB 4276 Extends the current workers' occupational disease COVID-19 presumption to June 30, 2021. 6/12/20 SB 2135 Requires the Department to appoint a task force on business interruption insurance policies to study the impacts of the COVID-19 pandemic on businesses and the need for changes to insurance coverage to address impacts. 6/5/20 HB 2455 Creates a rebuttable presumption that an injury or disease arising from COVID-19 was suffered in the course and scope of employment for certain first-responders and front-line workers. | 5/23/20 SB 2135 Establishes a task force on business interruption insurance policies. The bill has passed both houses and awaits the governor's signature. The task force will study the impacts of the COVID-19 pandemic on businesses and the need for changes to business interruption insurance policies. 5/22/20 HB 2455 Provides a presumption that a worker that contracts COVID-19 did so in the course and scope of employment. The bill awaits the governor's signature. | |||||||
15 | Indiana | 5/31/20 The moratorium on policy cancellations and non-renewals has expired. 5/7/20 Bulletin 254 Extends the requested moratorium on policy cancellations and non-renewals to May 31, 2020. 3/26/20 Bulletin 252 The DOI requests all insurance companies and HMOs in Indiana institute a moratorium on policy cancellations and non-renewals of any insurance policy in effect for a policyholder in Indiana to allow a grace period for any policyholder in Indiana for a period of 60 days and for any premium payment due from March 19 to May 18, 2020. The moratorium applies only to cancellations and nonrenewals attributed to a fialure to pay premiums directly during the 60-day period. https://www.in.gov/idoi/files/20200326%20Bulletin%20252%20eo05%20final.pdf 3/19/20 Executive Order 20-05 The Commissioner shall request insurers to institute a 60-day moratorium on policy cancellations for non-payment of premiums, which will apply to all lines of business. However, this moratorium would not suspend a policyholder's responsibility for continuing to make premium payments. https://www.in.gov/gov/files/EO_20-05.pdf 3/14/20 Insurance companies cannot cancel coverage for childcare facilities without filing an endorsement change in the terms of the policy with the Department. The Department will aggressively support those facilities if their commercial insurance carrier attempts to deny their liability coverage without approval. At this time, childcare facilities will maintain liability insurance if they choose to remain open and follow their normal protocal for children who may have an illness. https://calendar.in.gov//site/doi/event/liability-insurance-for-childcare-facilities-during--the-covid-19-pandemic/ | 3/19/20 Executive Order 20-05 Any state agency may extend any non-essential deadline of that agency for a period of no longer than 60 days if deemed necessary to respond to the threat of COVID-19. https://www.in.gov/gov/files/EO_20-05.pdf | 3/26/20 Bulletin 252 The IDOI will implement a 60-day grace period relating to renewals and cancellations for all licensees, certificate holders, and registrants. This includes premium tax and surplus lines premium tax filings. Any penalties assessed due to late payment during this period will be waived. The 60-day extension will also be applied to the Continuing Education Requirements for insurance producers. https://www.in.gov/idoi/files/20200326%20Bulletin%20252%20eo05%20final.pdf 3/23/20 Executive Order 20-09 The expiration of any state agency-issued license, certification or permit which has expired during, or is set to expire during, this public health emergency shall be extended automatically to Friday, May 22, 2020. This extension does not suspend or change any other renewal requirement for any license, certification or permit. https://www.in.gov/gov/files/Executive%20Order%2020-09%20(Continuity%20of%20Government%20Operations).pdf Online license application and renewal processes, and course applications/renewals submitted online, will experience normal processing times. However, applications or supporting documents submitted by paper/mail/fax may experience significantly longer processing times. Therefore, we highly encourage license applicants, licensees and course providers to utlize online licensing services and avoid paper processes when possible. | 11/23/20 Bulletin 255 Insurers issuing major medical plans in compliance with the Affordable Care Act and short-term, limited-duration plans in the individual and group markets and insurers subject to the FFCRA And CARES Act are encouraged to waive the clinical information requirements for the prior authorizations. Insurers may require a prior authorization form to be submitted but should waive the clinical information requirements for 14 days. 3/19/20 Executive Order 20-05 The Commissioner shall request health insurers cover COVID-19 testing without requiring prior authorization. https://www.in.gov/gov/files/EO_20-05.pdf | 3/26/20 Bulletin 252 The IDOI encourages the use of telemedicine in all reasonable instances in connection with testing, screening, and treatment of COVID-19 and the waiver of any cost-sharing associated with it. https://www.in.gov/idoi/files/20200326%20Bulletin%20252%20eo05%20final.pdf | 3/26/20 Bulletin 252 The IDOI will implement a 60-day grace period relating to renewals and cancellations for all licensees, certificate holders, and registrants. This includes premium tax and surplus lines premium tax filings. Any penalties assessed due to late payment during this period will be waived. The 60-day extension will also be applied to the Continuing Education Requirements for insurance producers. https://www.in.gov/idoi/files/20200326%20Bulletin%20252%20eo05%20final.pdf 3/23/20 Executive Order 20-09 From March 23 to April 7, 2020, access to all state government buildings, offices and facilites by the public are restricted to only those members of the public needing to conduct services essential to public health and safety and which cannot otherwise be conducted electronically, telephonically and/or delayed notwithstanding s. 4-1-2-1 whcih provides for state offices to be open. | 4/6/20 Executive Order 20-18 Insurance professionals are advised to conduct business virtually or by telephone unless the lack of an in-person encounter will have a significant adverse impact on the client's financial or legal position. 3/23/20 Executive Order 20-08 Insurance companies, underwriters, agents, brokers, and related insurance claims and agency services are considered essential services exempt from the Governor's Stay At Home order. https://www.in.gov/gov/files/Executive_Order_20-08_Stay_at_Home.pdf | 3/26/20 Bulletin 252 Insurers must cover testing services and treatment for COVID-19, and waive cost-sharing amounts for testing or treatment associated with COVID-19. https://www.in.gov/idoi/files/20200326%20Bulletin%20252%20eo05%20final.pdf 3/19/20 Executive Order 2020-05 The Commissioner shall request health insurers not increase prices or coverage costs involving medical care given for COVID-19. https://www.in.gov/gov/files/EO_20-05.pdf | 12/31/20 Bulletin 256 The Department urges insurers to extend prior authorization timeframes for open and approved authorizations by 180 days. Insurers are encouraged to extend any approved prior authorizations for 180 days from the expiration date of the prior authorization. This extension only applies to those prior authorizations that were approved before December 16, 2020. 4/21/20 Bulletin 253 The IDOI requests that any temporary healthcare facility established and operating as outlined in Executive Order 20-13 be subject to the same provider agreement. The IDOI requests that medical malpractice insurers extend coverage for temporary healthcare facilities established in response to COVID-19. 3/26/20 Bulletin 252 Insurers must waive any prior authorization for COVID-19 testing and treatment. https://www.in.gov/idoi/files/20200326%20Bulletin%20252%20eo05%20final.pdf | ||||||||||
16 | Iowa | 3/19/20 Bulletin 20-04 The Commissioner requests all health insurers and HMOs licensed in Iowa allow a premium grace period for any Iowa individual health benefit pland and to any health benefit plan issued to small employers. Insurers and HMOs are requested to allow individual and small employer policyholders affected by the conomic disruptions resulting from COVID-19 to request extensions for premium payments beyond the insurers' normal payment due dates. They are also requested to allow any individual or small group policyholder at least 60 days after a premium payment is due before terminating coverage for any such policyholder who has a premium payment initially due between March 17, 2020 and June 30, 2020. https://iid.iowa.gov/documents/individual-and-small-group-coverage-impacted-by-covid-19 | 11/12/20 The Division will allow candidates to take insurance producer examinations in their homes using PearsonVue's online proctoring application, OnVue. 5/29/20 Bulletin 20-09 The Division will extend the temporary issuance of producer licenses from June 1 to June 30, 2020. 4/21/20 Bulletin 20-08 The transition to the new State Based System has been delayed to June 10, 2020. This delay will temporarily impact licensing, renewals, contact change requests, continuing education, and appointments and terminations. 4/9/20 Bulletin 20-07 The Division has developed a process to issue temporary licenses to those persons undergoing training, but not yet able to take the required insurance licensing examinations for a producer license. The temporary licenses may be obtained under the authority of the Commissioners Order until June 1, 2020 or as amended by Order of the Commissioner. Temporary licenses will expire on the last day of the third full month following the date of the license issuance. To obtain a temporary producer license, the applicant must have an Iowa licensed resident producer in good standing supervise the business of the individual. The producer sponsoring the applicant must attest to being responsible for all business of the applicant. Inssurance carriers arer allowed to determine the appointment relationship with an individual by receiving a copy of the Iowa temporary license certificate from tehe licensee. 3/22/20 Proclamation of Disaster Emergency Requirements for in-person continuing education as a condition of professional license renewal and deadlines or requirements that are unable to be satisfied due to the COVID-19 emergency are suspended. https://governor.iowa.gov/sites/default/files/documents/Public%20Health%20Proclamation%20-%202020.03.22.pdf 3/17/20 Bulletin 20-03 Many of the IID team members are working remotely, however, all consumer protection, financial regulation, product review, and licensing operations are functional. https://iid.iowa.gov/documents/covid-19-health-emergency | 3/26/20 Proclamation of Disaster Emergency The requirement that insurers obtain a salvage title within 30 days of vehicle title assignment is temporarily suspended. | SF 2338 Provides business liability protections related to COVID-19 losses. | 6/5/20 SF 2338 Provides business liability protections related to COVID-19 losses. | ||||||||||||||
17 | Kansas | 12/15/20 The Department will permit producer applicants to take online proctored exams via Pearson Vue's OnVUE program. On-site testing also remains available. 5/26/20 Executive Orders 20-39 Gives holders of occupational or professional licenses additional time to complete CE requirements and license renewals. 5/12/20 The Department has issued a revised FAQ that states that Pearson VUE professional centers in Colorado, Iowa, Missouri, Nebraska, and Oklahoma will be administering Kansas insurance producer exams, effective April 28, 2020. 4/9/20 Executive Order No. 20-19 All state agencies shall extend renewal deadlines for any occupational or professional license, certificate, permit, or registration issued by a state agency or any board, commission, division, or other licensing authority within a state agency to any individual, business, or organization, that was in good standing as of March 12, 2020, and that has expired or will expire during the State of Disaster Emergency, and such licenses, certificates, permits, and registrations shall remain valid until 90 days following the termination of the State of Disaster Emergency. 3/30/20 The DOI will not issue temporary licenses or suspend any of its licensing requirements despite the fact that law enforcement offices have suspended fingerprinting for the general public and the examination vendor Pearson VUE is temporarily closed due to COVID-19. The DOI will not waive proctors for self-study courses but will allow virtual examination monitors provided they meet the criteria in KS ADC 40-7-20a. 3/17/20 Bulletin 2020-1 Applications for producer licenses may encounter delays due to Department work schedule modifications. The Department is aware that many counties are not providing fingerprinting services for licensing purposes during the coronavirus emergency which may cause delays in processing licensing applications. Delay in coordination with other entities impacted by coronavirus response measures may cause delay in approval of applications for certificates of authority to transact business in Kansas. https://insurance.ks.gov/department/LegalIssues/bulletins/Bulletin-2020-1.pdf | 3/12/20 State of Disaster Emergency Proclamation The provisions of any regulatory statute prescribing the procedures for conduct of state business, or the order or rules and regulations of any state agency which implements such statute are suspended if strict compliance would prevent, hinder, or delay in any way necessary action in coping with the disaster. https://governor.kansas.gov/wp-content/uploads/2020/03/2020-03-12-Proclamation.pdf | 3/20/20 Executive Order 20-08 The Board shall not enforce any statute, rule or regulation that would require physicians to conduct an in-person examination of a patient prior to issuance of a prescription or order the administration of medication, including controlled substances, as long as the physician otherwise complies with the provisions of this order. All physicians are encouraged to utilize telemedicine services, when appropriate for their patients, to avoid unnecessary patient travel both in-state and out of state. Out-of-state physicians may utilize telemedicine when treating patients in Kansas without the necessity of securing a license to practice medicine in the state, provided the out of state physician advises the Board of the physician's practice in this state via telemedicine in writing in a manner determined by the Board and holds an unrestricted license to practice medicine in the state in which the physician practices and is not subject of an investigation or disciplinary proceeding. https://governor.kansas.gov/wp-content/uploads/2020/03/E.O.-20-08.pdf | 3/17/20 Bulletin 2020-1 All regulatory statutes in Chapter 40 that have a "deemed approved" or similar clause are without effect during the period of the governor's emergency proclamation. The Department will continue to utilize its available resources to ensure timely processing of applications and filings, to the extent reasonably prudent. However, rates and forms shall not be deemed approved or used until such rate or form has received affirmative approval from the Department. The Department is not suspending the Kansas unfair method of competition and unfair or deceptive act or practices statutes, associated regulations, and the Kansas Insurance Department's policy and procedure implementing the NAIC's unfair claims settlement practices model regulation. https://insurance.ks.gov/department/LegalIssues/bulletins/Bulletin-2020-1.pdf | 3/24/20 Executive Order No. 20-15 Insurance companies are not subject to any stay at home order. https://governor.kansas.gov/wp-content/uploads/2020/03/EO-20-15-Executed.pdf | 5/26/20
Executive Order 20-36 Extends the validity of vehicle permits and the renewal deadlines for driver's licenses and vehicle registrations. The order will expire on June 30th or when the emergency declaration ends. 4/22/20 The Department has approved a rate and rule filing made by the NCCI which updates rules relating to definitions, treatment, and reporting of payments by an employer to paid furloughed employees as a result of government orders, laws or regulations issued due to COVID-19 which impact an employer's staffing or business operations. | HB 2016a Extends the state of emergency to September 15, 2020. Provides civil immunity to healthcare providers, businesses, adult day care facilities, and designers, manufacturers and sellers of products. | ||||||||||||
18 | Kentucky | 4/24/20
Guidance The Department will not consider a number of activities designed to provide relief to consumers, including the provision of grace periods, fee waiver, permitting of self-auditing, and premium refunds, to be unfair trade practices or unfair methods of competition. Implementing any of these measures is at the discretion of insurers. | 8/28/20 Notice regarding data call Insurers must provide information to the Department regarding premium relief the company has provided. If no premium relief has been offered to your insureds, please explain why your company has chosen not to do so. Insurers must also provide information regarding whether it would consider a gap in coverage for a business to indicate an increased risk that raises an insured's premium. 3/9/20 Executive Order 2020-220 All insurers shall ensure that the insurer's websites contain complete and accurate information related to coverage for CO VID-19 screening, testing, and treatment. https://governor.ky.gov/attachments/20200309_Executive-Order_2020-220.pdf | 4/7/20
Bulletin 2020-02 Requirements for documents to have hard copies with original signatures and notarization, as well as requirements for mailing and related filing requirements are waived. Companies should keep a list of all filings made electronically in lieu of hard copy, so that hard copy filings can be made within 60 days of Kentucky returning to work. | 4/7/20 Bulletin 2020-02 The Department is accepting written requests for delays for certain filings listed in the bulletin. | 5/7/20 KY 3185 Applicants for an insurance examination should email the Agent Licensing Division at DOI.AgentLicensingMail@ky.gov to request an extension of their application. Upon receiving a request, and when the application's expiration date has passed, division staff will manually extend the expiration date to provide a new 120-day window for scheduling an examination. 3/20/20 The deadline for completion and submission of continuing education hours for March and April licensees is extended to May 31 and June 30, 2020, respectively. The reporting period of the completion of the continuing hours to the Department is also extended appropriately. The extension of continuing education requirements does not apply to license renewal, which is done electronically and currently has a 60-day grace period. http://insurance.ky.gov/PPC/static_info.aspx?static_id=156 Per the Governor’s Office directive dated March 16, 2020, Department of Insurance examinations are suspended at all Kentucky locations until further notice. Insurance applicants whose testing window expires during this closure, must contact our office if an extension is needed. Contact the Division of Agent Licensing at DOI.AgentLicensingMail@ky.gov http://insurance.ky.gov/PPC/static_info.aspx?static_id=157 | 3/10/20 Executive Order 2020-224 Pharmacists may dispense emergency refills of up to a 30 day supply of any non-controlled medication for residents of Kentucky. Pharmacists may dispense drugs as needed to treat COVID-19 pursuant to protocols established by the CDC or the NIH or determined to be appropriate by the commissioner of public health or his designee to respond to the circumstances causing the emergency. http://apps.sos.ky.gov/Executive/Journal/execjournalimages/2020-MISC-2020-0224-266318.pdf 3/9/20 Executive Order 2020-220 All insurers shall waive any prior authorization requirements for screening and diagnostic testing for COVID-19 and respond to any requests for treatment of COVID-19 on a timely basis. All insurers shall notify all contracted providers that the insurer is waiving the cost-sharing and prior authorization requirements, and ensure that information regarding the waivers is provided to customer service centers, nurse advice lines, and others so that proper information is provided to insured citizens. When prescription drug coverage exists for insured citizens, insurers shall allow insured individuals to obtain refills of their prescriptions even if the prescription was recently filled, consistent with approval from patients' health care providers and/or pharmacists. https://governor.ky.gov/attachments/20200309_Executive-Order_2020-220.pdf | 3/18/20 Bulletin re Telehealth The Department will not impose penalties for noncompliance with KRS 304.17A-005(47)(c) in connection with the good faith provision of telehealth using such non-public facing audio or video communication products. insurers cannot require that the patient have a prior relationship with the provider in order to have services delivered through telehealth, if the provider determines that telehealth would be medically appropriate. http://insurance.ky.gov/ppc/Documents/TelehealthRemoteCommunicationsGuidance.pdf | 4/7/20
Bulletin 2020-02 The Department will not conduct on-site examinations which violate government directives regarding public gatherings. To facilitate this the Department may request more information in electronic form. Independent auditors will most likely take a similar position, thus an extended due date may be provided for that filing. | 3/30/20 RDOC: KY 3113 The business of insurance is considered an essential service in times of crisis under guidance from the US Department of Homeland Security. Insurance offices are allowed to operate during the orders put in place by the governor. Insurance company employees should seek to work remotely, or behind locked doors when possible, and should follow CDC guidelines that include social distancing and other recommended practices when in-person interaction is necessary. 3/17/20 Executive Order Insurance companies are not subject to the stay at home order. https://governor.ky.gov/attachments/20200317_Order_Public-Facing-Businesses.pdf | 4/14/20 HB 356 The Chief Justice of Kentucky is authorized, for the duration of the COVID-19 state of emergency, to declare a Judicial Emergency which extends any administrative actions deadlines, and statutory timelines and statutes of limitations for court filings and proceedings. The bill is effective until 30 days after the emergency order of the Chief Justice or the Governor ends, whichever is later. | 4/24/20 Guidance The Department will not consider a number of activities designed to provide relief to consumers, including the provision of grace periods, fee waiver, permitting of self-auditing, and premium refunds, to be unfair trade practices or unfair methods of competition. Implementing any of these measures is at the discretion of insurers. 4/24/20 Guidance Local governments shall not be required to issue to insurers a refund of local government premium taxes in relation to the return of premium to insureds as a result of altered driving patterns during the COVID-19 pandemic. | 3/9/20 Executive Order 2020-220 All insurers shall waive all cost-sharing including copayments, coinsurance, and deductibles for screening and testing for COVID-19 as specified by the Centers for Disease Control and Prevention (CDC), including hospital, emergency department, urgent care, provider office visits, lab testing, telehealth, and any immunizations that are made available. All insurers shall notify all contracted providers that the insurer is waiving the cost-sharing and prior authorization requirements, and ensure that information regarding the waivers is provided to customer service centers, nurse advice lines, and others so that proper information is provided to insured citizens. https://governor.ky.gov/attachments/20200309_Executive-Order_2020-220.pdf | 3/9/20 Executive Order 2020-220 All insurers shall ensure that provider networks are adequate to handle an increase in the need for health care services, including by offering access to out-of-network services where appropriate. https://governor.ky.gov/attachments/20200309_Executive-Order_2020-220.pdf | 5/20/20 Notice The Department will enforce a limited waiver of commercial policy vacancy clauses to the extent that claims denial, policy cancellation, or policy nonrenewal would occur based solely on the insured's business location being temporarily unoccupied because the insured complied with Executive Orders related to the COVID-19 pandemic. 4/9/20 Executive Order 2020-277 Workers removed from work by a physician due to occupational exposure to COVID-19 are permitted to receive temporary total disability payments under workers' compensation coverage. The order remains in effect for the duration of the State of Emergency. | 5/30/20 SB 150 Provides liability protections for health care providers and manufacturers of health care related products for actions relating to the COVID-19 pandemic. | ||||
19 | Louisiana | 5/12/20
The mandatory grace periods for nonpayment of premium and moratoria on cancellations expired. 4/5/20 Amended Emergency Rule 40 The Amended Rule specifies that the insured's written request for cancellation can be in electronic format. The Rule applies to authorized and surplus lines insurers. The Rule is effective from March 12 through May 12, but does not apply to policies that were issued on or after March 12. 3/28/20 Emergency Rule 40 Emergency Rule 40 imposes a moratorium on policy cancellations and nonrenewals for policyholders during the COVID-19 emergency. Insurers may not cancel or nonrenew policies that were in effect on or before March 12, 2020, except for fraud or material misrepresentation, or at the written request of the insured. A policy cannot be cancelend or nonrenewed solely because of a claim that is filed during or occurs during the COVID-19 emergency. Renewal conditions are suspended and deferred until the rule expires. All policies subject to renewal shall remain in full force and effect at the previously established premium until the rule expires. Insurers may offset premium owed from claims payments. The insured is obligated to cooperate with the claims adjustment process. The rule is effective from March 12 to May 12, but does not apply to policies that were issued on or after March 12. | 4/23/20 Louisiana DOI has rescinded Emergency Rule 42 which extended deadlines for making tax filings. 4/20/20 Emergency Rule 42 Filing deadlines for the quarterly tax statement and quarterly surplus lines tax report are exteded to July 15, 2020. | 5/15/20 Bulletin 5-15-20 The LOI will continue to issue temporary producer licenses to those resident applicants meeting the requirements for temporary licensure without examination for life, accident and health, property, casualty, and personal lines insurance. The LOI iwll also maintain the temporary producer licenses issued under Emergency Rule 38. Such licenses have an initial expiration of 60 days from the effective date of issuance unless extended by the Commissioner upon written request from the licensee. 4/6/20 Emergency Rule 43 The Department has authorized the issuance of temporary licenses to applicants seeking an adjuster license. The rule is in effect from April 6, 2020 to May 15, 2020, unless extended or terminated sooner. | 6/20/20 Emergency Rule Extends the time in which a party who faxes a document to the Office of Workers' Compensation district office or records manager has to file the original of the fax. Also conforms filing fees in Section 5701 to those specified in Section 6605. The Office also allowed a medical psychologist, in conjunction with an authorized treating physician or a consulting psychiatrist, to order the use of any medication to treat a diagnosed mental health condition. 3/26/20 Emergency Rule 39 The Deparment has established a process whereby commercial lines policyholders with auditable exposures can demand a mid-term audit by the insured. Admitted insurers are required to adjust the premium and refund any overpayments within 10 days of completion of the self-audit. While the rule applies to admitted insurers, surplus lines insurers are urged to comply. The rule is effective from March 26, 2020 until April 13, 2020 unless terminated sooner. 3/17/20 Emergency Rule 36 All health insurance issuers shall waive any prior authorization requirements or restrictions for screening and diagnostic testing for COVID-19 and respond to any requests for treatment of COVID-19 on a timely basis. All health insurers shall provide notice to contracted providers that they are waiving the cost-sharing and prior authorization requirements, or any restrictions, and ensure that information regarding the waivers is provided to customer service centers, nurse advice licens, and others so that proper information is provided to insured citizens. Health insurers shall allow insured individuals to obtain refills of their prescriptions even if the prescription was recently filled, consistent with approval from health care providers and/or pharmacists. This provision does not apply to prescription drugs with a high likelihood of abuse, such as opioids that are restricted to 7-day prescriptions. The commissioner suspends any and all precertification or step-therapy procedures in order to fill a prescription. This authorization shall be for a 30-day supply. Restrictions on replacement prescriptions pertaining to mail order prescriptions are suspended. https://ldi.la.gov/docs/default-source/documents/legaldocs/rules/rule36-cur-patientprotections 3/14/20 Proclamation Number JBE 2020-29 The Commissioner may suspend provisions of any regulatory statute of Title 22 concerning any health insurance policy or contract relative to the current public health emergency, where such statutory or regulatory requirements prevent, hinder, or delay necessary action in coping with the current public health emergency, including the prohibition of any cost sharing related to the diagnosis or approved treatment of COVID-19. https://gov.louisiana.gov/assets/Proclamations/2020/29-JBE-2020-Public-Health-Emergency-COVID-19.pdf | 10/20/20 OWC Emergency Rule The Office of Workers' Compensation administration has adopted emergency rules to permit the use of telemedicine. 5/22/20 Emergency Rule Specifies POS and CPT codes that should be used for the delivery of care by telemedicine during the COVID-19 pandemic. The emergency rule will expire on September 19, 2020. 3/19/20 Proclamation Number JBE 2020-32 The requirement that rules related to telemedicine be promulgated is suspended during the term of the emergency. The practice of the healthcare provider administered via telehealth must be within the scope of the provider's license, skill, training, and experience. The services provided to the patient must meet the standard of care that would be provided if the patient were treated on an in-person basis. Prescribing of any controlled substances via telehealth must be medically appropriate, well-documented and continue to conform to rules applicable to the prescription of such medications. https://gov.louisiana.gov/assets/Proclamations/2020/32-JBE-2020-Public-Health-Emergency.pdf 3/17/20 Emergency Rule 36 All health insurers shall waive all cost-sharing including copayments, coinsurance, and deductible for screening and testing for COVID-19 as specifided by the CDC, including hospital, emergency department, urgent care, provider office visits, lab testing, telehealth, telemedicine, and any immunizations that are made available. https://ldi.la.gov/docs/default-source/documents/legaldocs/rules/rule36-cur-patientprotections | 9/21/20 OWC Adopted Emergency Rule Temporarily adds additional codes for the purpose of delivering care and allowing providers to use telemedicine/telehealth methods. 3/22/20 Proclamation Number 33 JBE 2020 All state office buildings are closed to the public, effective immediately. However, essential state functions shall continue. https://gov.louisiana.gov/assets/Proclamations/2020/33-JBE-2020-Public-Health-Emergency.pdf 3/16/20 Proclamation Number JBE 2020-30 All state agencies, boards and commissions shall provide for attendance at essential governmental meetings via teleconference or video conference and such attendance shall be allowed during the pendency of this emergency. https://gov.louisiana.gov/assets/Proclamations/2020/Proc-No-30-updTED.pdf Out of an abundance of caution and in the interest of the health and well-being of LDI employees, insurance industry members and Louisiana consumers, Insurance Commissioner Jim Donelon has enacted a COVID-19 Virus Work and Operations Plan for the agency. This plan provides for agency staffing with essential personnel while allowing non-essential employees to tele-work from home while providing necessary services to the public. This work plan has been incorporated into the LDI’s Continuity of Operations Plan (COOP) and will be enacted beginning Tuesday, March 17, 2020 through Monday, March 30, 2020. During this time there will be a suspension of in-person visitor assistance (Poydras building) – This action limits external interaction and provides for the safety of essential personnel. However, the Department of Insurance is available at 1-800-259-5300 for assistance from 8:00AM-4:30PM, Monday-Friday or via our website at www.ldi.la.gov anytime. https://www.ldi.la.gov/consumers/insurance-type/healthinsurance/covid-19/ | 3/22/20 Proclamation Number 33 JBE 2020 Insurance companies are exempt from the stay at home order. https://gov.louisiana.gov/assets/Proclamations/2020/33-JBE-2020-Public-Health-Emergency.pdf | 3/16/20 Proclamation Number JBE 2020-30 Legal deadlines, including liberative prescription and peremptive periods applicable to legal proceedings in all courts, administrative agencies, and boards are hereby suspended until at least Monday, April 13, 2020. In addition, all other deadlines in legal proceedings in all courts, administrative agencies, and boards shall be suspended until Monday, April 13, 2020. https://gov.louisiana.gov/assets/Proclamations/2020/Proc-No-30-updTED.pdf | 5/5/20 Press Relief The Commissioner has called upon commercial vehicle insurers to consider returning a percentage of premium to policyholders whose businesses have been impacted by the stay at home orders put in place as a result of the COVID-19 pandemic. | 3/17/20 Emergency Rule 36 All health insurers shall waive all cost-sharing including copayments, coinsurance, and deductible for screening and testing for COVID-19 as specifided by the CDC, including hospital, emergency department, urgent care, provider office visits, lab testing, telehealth, telemedicine, and any immunizations that are made available. All health insurers shall provide notice to contracted providers taht they are waiving the cost-sharing and prior authorization requirements, or any restrictions, and ensure that information regarding the waivers is provided to customer service centers, nurse advice licens, and others so that proper information is provided to insured citizens. https://ldi.la.gov/docs/default-source/documents/legaldocs/rules/rule36-cur-patientprotections | 3/17/20 Emergency Rule 36 All health insurance issuers are directed to verify that their provider networks are adequate to handle a potential increase and the need for healthcare services for COVID-19 cases diagnosed in Louisiana, including by offering access to out-of-network services where appropriate. All health insurers shall waive any and all restrictions relative to out-of-network access to pharmacy services or prescriptions. https://ldi.la.gov/docs/default-source/documents/legaldocs/rules/rule36-cur-patientprotections | 4/5/20
Amended Emergency Rule 40 Insurers may offset premium owed from claims payments. The insured is obligated to cooperate with the claims adjustment process. | 6/13/20 SB 826 Provides civil liability immunity to persons, businesses and governments whose operations or activities, such as events or tradeshows, lead to someone's exposure to COVID-19. Designers, manufacturers, and distributors of personal protective equipment are also provided immunity for COVID-19 related claims. The bill is retroactively effective to March 11. 6/12/20 SB 491 Provides civil liability immunity for emergency efforts and volunteers who provide products during a state of emergency. The bill is retroactively effective to March 11. 6/12/20 SB 508 Provides civil liability protections to restaurants whose customers contract COVID-19. The bill is retroactively effective to March 11. 6/12/20 SB 435 PRovides civil liability immunity to persons, political subdivisions, and local and state governments that engage in operations that may expose an individual to COVID-19. The law's is effective retroactive to March 11. | 7/1/20 HB 59 Limits liability for public and private school districts and postsecondary institutions during a declared state of emergency or a public health emergency. The bill has passed both houses and is expected to be signed by the Governor. 05/04/20 HB 793 Creates a rebuttable presumption of compensability under workers compensation coverage that attaches 90 days following the date of an accident. 05/04/20 SB 475 Provides that every essential worker who is disabled because of contraction of COVID-19, or the dependent of an essential worker whose death is caused by COVID-19, is entitled to the compensation provided by present law the same as if the essential worker received a personal injury arising out of and in the course of his employment. Provides that all claims for disability arising from COVID-19 are barred unless the essential worker files a claim as provided in present law within one year. 3/31/20 HB 858 / SB 477 Require insurance policies providing business interruption coverage "to include among the perils covered under the policy" coverage for business interruption resulting from the COVID-19 emergency. The coverage shall apply retroactively to March 11, 2020, the date of the declaration of a state of emergency. HB 858 limits the application of this requirement to policies issued to insureds with fewer than 100 full-time employees. SB 477 contains no such limitation. 3/31/20 SB 495 Enacts a business compensation fund to structure certain property insurance claims, dispute resolution and coverage for COVID-19-related losses. Insurers writing insurance in Louisiana would have the option to participate in a business compensation fund by depositing the greater of $50 million or 80 percent of the aggregate policy limits for "all commercial insurance policies" that the insurer has in force in Louisiana on March 11, 2020, or anytime thereafter during the state of emergency. Insurers participating in the fund would be immune from claims of bad faith by claimants seeking compensation for losses associated with the COVID-19 pandemic. The bill allows insurers to challenge fraudulent claims or challenge the amount claimed by an insured. | |||||
20 | Maine | 3/12/20 Bulletin 442 Carriers must make all reasonable accommodations for late payments and other problems that are beyond the consumer's control. https://www.maine.gov/tools/whatsnew/index.php?topic=INS-Bulletins&id=2220066&v=boi-template2017 | 3/12/20 Insurance Emergency Response Order Carriers shall give prompt notice to enrollees, providers, and the public of the measures they are taking to respond to the COVID-19 threat, including but not limited to measures taken to comply with the terms of this order. They shall ensure that the information is updated on an ongoing basis to remain current and correct. In particular, carriers must provide clear and prominent notice that they are waiving cost-sharing for medically necessary screening and testing for COVID-19, guidance on how enrollees can access such care, and notice that they are permitting early prescription refills. This notice must be posted prominently on the carrier’s Web site, provided to all customer service personnel and all nurse help-lines and similar programs, and communicated to all network providers and facilities. Carriers shall provide the Bureau with copies of all notices. https://www.maine.gov/pfr/insurance/covid19_cornoavirus/pdfs/Insurance%20Emergency%20Response%20Order.pdf | 4/29/20
Bulletin 447 The Bureau waives the hard copy, original signature, and related filing requirements while the insurance emergency remains in effect but expects companies to keep a list of all filings that were made electronically in lieu of hard copy filings so that they can file all the hard copies wihin 60 days after the emergency is lifted. | 4/29/20 Bulletin 447 Carriers may contact the Bureau's Financial Analysis Division to make a written request for an extension of time if the carrier thinks it cannot meet one or more of the financial filing deadlines listed in the bulletin. The insurer must explain in detail the reasons for the request. The Superintendent reserves the right to reject any request for an extension. 4/24/20 Bulletin 446 June 16, 2020, has been established as the uniform rate and form filing deadline for all non-grandfathered health plans and stand-alone dental plans that are subject to the ACA and will be offered with effective dates during 2021 in the individual and small group markets in Maine. No new products or plans may be added by a carrier after the initial submission in June. Revisions to rate submissions are acceptable through July 22, 2020, or the deadline for submission of prefiled testimony in the first individual market rate review hearing, whichever is earlier. No rate revisions may be made after that date unless the revision is required by the Bureau or is necesary due to updated information related to risk adjustment. Updates to claims experience are not a valid reason for extending the deadline. Carriers must follow the SERFF Form and Rate General Instructions page for further instructions and additional requirements. For plans to be offered on the Marketplace, carriers must follow the Plan Management General Instructions page. | 4/15/20 Bulletin 445 The Bureau will issue temporary insurance producer licenses to applicants who otherwise meet the requirements for licensure without requiring the successful completion of an examination. Temporary licenses issued pursuant to this Bulletin are subject to a number of conditions provided in the bulletin. 3/25/20 Licensing and continuing education updates related to COVID-19 All insurance continuing education courses previously approved for classroom delivery by the Bureau may be offered via webinar without the provider having to refile. However, providers are required to provide the Bureau with a list of classroom courses that will be conducted via webinar and an explanation of how attendance will be monitored. This should be sent to insurance.pfr@maine.gov or to Dawn Kilgore at Dawn.Kilgore@maine.gov. Currently proctoring requirements for Maine are still in place for courses that require proctored exams. The use of tools such as Skype, Mocrosoft Teams, Zoom and other similar products will be allowed for remote proctoring. Pearson VUE has suspended operations at all national testing centers, including all locations in Maine. Candidates requiring exams for new licenses or lines of authority will be unable to test at this time. Currently, there are no alternate examinations available. https://www.maine.gov/pfr/insurance/covid19_cornoavirus/pdfs/licensing_and_continuing_education_updates_related_to_covid-19.pdf | 8/20/20 Bulletin 452 The Superintendent will not consider prospective reductions in premium, or refunds of premium made to accommodate COVID-19-related changes in exposure or risk profile, to be an unfairly discriminatory rating practice to the extent that they are reasonable and consistently applied. Reasonable and consistently applied premium adjustments or audit accommodations, will not be regarded as violations of statutes that govern the return of premium to policyholders, limit the frequency of premium changes, prohibit improper rebates, or impose a duty to adhere to approved rating plans. The Superintendent will only require insurers that plan to implement COVID-19-related premium reductions or refunds to file either a rate or a form that is sufficient to notify the Superintendent of the adjustment. Insurers do not need to file these rates and forms before implementing a premium adjustment. The Superintendent encourages insurers to allow policyholders to self-audit and self-report changes in their exposure or risk profile and adjust premiums accordingly. For policies that are subject to audit, insurers are encouraged to allow self-auditing and self-reporting in lieu of physical audits to the extent that physical audits are impracticable. 3/12/20 Insurance Emergency Response Order If supply chain disruptions result in shortages of medications that are on a carrier's formulary, the carrier must act promptly to make substitutes available when necessary, at no greater cost to the patient and without imposing prior authorization or step therapy requirements. Carriers shall also allow enrollees to obtain one-time refills of their prescription medications before the scheduled refill date, so that enrollees are assured of maintaining an adequate supply. Exceptions may be made for drug classes subject to misuse, such as opioids, benzodiazepines, and stimulants. https://www.maine.gov/pfr/insurance/covid19_cornoavirus/pdfs/Insurance%20Emergency%20Response%20Order.pdf | 3/12/20 Insurance Emergency Response Order Health carriers are reminded of the requirement for parity between coverage of telehealth and in-person services, and are directed to review their telehealth programs with participating providers to ensure that the programs are robust and will be able to meet any increased demand. https://www.maine.gov/pfr/insurance/covid19_cornoavirus/pdfs/Insurance%20Emergency%20Response%20Order.pdf 3/20/20 Supplemental Order Regarding Remote Deliver of Health Services Carriers are directed to provide parity in coverage for other clinically appropriate remote delivery of medically necessary health care services, including office visits conducted by non-public-facing telephone communication methods that have audio-only or audio-video capability, to the extent that the provider is permitted by law to provide such services. All carriers are further ordered to ensure that rates of payment to in-network providers for services delivered via telehealth and other remote modalities are not lower than the rates of payment established by the carrier for services delivered in person, and to notify providers for any instructions necessary to facilitate billing for remote services. https://www.maine.gov/pfr/insurance/covid19_cornoavirus/pdfs/Insurance%20Emergency%20Response%20Order%20re%20Telehealth.pdf | 4/29/20 Bulletin 447 The Bureau will not conduct any on-site examination work that is contrary to the spirit of any public health directive. The Brueau might need to request more information in electronic form than usual. 3/20/20 The Worker's Compensation Board has stated that mediations will go forward as scheduled and may be conducted by phone. Hearings and conferences will go forward and unless alternative arrangements are made in advance, proceedings will continue to be held in person. If the ALJ approves, proceedings may be continued or conducted by phone or CourtCall. To protect Department staff, the Commissioner has directed building security to lock the main doors used by the public. https://www.maine.gov/pfr/insurance/index.html 3/12/20 Proclamation of Insurance Emergency The Governor declares an insurance emergency and authorizes and directs the Superintendent of Insurance to make, amend, or rescind such rules and regulations governing the business of health insurance carriers as the Superintendent deems expedient in order to adopt and maintain sound methods of protecting the interest os such insurers, insureds, beneficiaries and the public. https://www.maine.gov/pfr/insurance/covid19_cornoavirus/pdfs/Proclamation%20of%20Insurance%20Emergency%20-%20March%2012th.pdf | 3/24/20 Executive Order 19 FY 19/20 Insurance is an essential business and exempt from the governor's stay at home order. | 5/11/20 Bulletin 448 The Superintendent encourages insurers to waive the 12-month restriction for any policyholder who has previously requested rerating under Subsection 216-B(5-A) but requests rerating again because of the effects of the pandemic on his or her consumer information. The Superintendent encourages insurers to consider whether applicants' or policyholders' insurance scores have been affected by extraordinary life circumstances they have suffered because of COVID-19. In response to a request for an excetion, the insurer may require the applicant or insured, within 60 days after the date of the application or policy renewal, to provide easonable written and independently verifiable documetnation of the event and to demonstrate that the event had a direct and meaningful influence on his or her credit information. The Superintendent encourages insurers to grant exception even if consumers made the initial requests orally or if consumers have asked for consideration of repeated events or previously requested exemptions based on the events at issue. The insurer must inform the consumer of the results of the request within 30 days after receiving sufficient documentation of the event underlying the request. The Superintendent encourages insurers to noticy their policyholders and applicants of this process and how they may inquire about requesting exceptions. | 9/22/20 Bulletin 453 Insurers are required to cover the cost for medically necessary testing, screening, and related services for COVID-19 for any individual in Maine who is at least 12 months old. Insurers are not required to cover periodic testing by employers, icnluding testing which is federally required such as that of nursing facility staff. 3/12/20 Insurance Emergency Response Order Health insurers are directed to make medically necessary screening and testing for COVID-19 available with no deductible, copayment, or other cost sharing of any kind, or any prior authorization requirement, including all associated costs such as processing fees and clinical evaluations. If and when an immunization becomes available for COVID-19, carriers shall immediately cover the cost of the vaccine and all associated costs of administration without cost sharing, on the same basis as screening and testing services. https://www.maine.gov/pfr/insurance/covid19_cornoavirus/pdfs/Insurance%20Emergency%20Response%20Order.pdf | 3/12/20 Insurance Emergency Response Order The only situation in which carriers will be permitted to impose out-of-network charges is when the enrollee was offered the service in-network without additional delay but chose instead to visit an out-of-network provider or be tested by an out-of-network laboratory. Health carriers need to be prepared for the likelihood that their networks could be overloaded from time to time. If this happens, they are required to ensure that the covered person's cost to obtain the covered benefit is no higher than if the benefit were obtained from participating providers, or to make other arrangements acceptable to the Superintendent. Likewise, when patients are treated at in-network facilities, they must be protected from surprise billing by out-of-network providers, as required by 24-A MRS s. 4303-C. https://www.maine.gov/pfr/insurance/covid19_cornoavirus/pdfs/Insurance%20Emergency%20Response%20Order.pdf | 3/19/20 Supplemental Order Regarding Credentialing For the duration of this emergency, health carriers shall not refuse, because of lack of credentials, to pay claims submitted by providers credentialed within a health care organization but not at that health care organization's location where the service was provided or at a location not in that health care organization. A carrier may establish reasonable notice requirements if a provider is reassigned to a different location in the same or another health care organization. However, there must be a reconciliation process to ensure that claims submitted by or on behalf of credentialed providers will not be denied indefinitely on the ground that the provider's credential is not valid at the location where the service was provided. https://www.maine.gov/pfr/insurance/covid19_cornoavirus/pdfs/Insurance%20Emergency%20Response%20Order%20re%20Credentialing%203-19-2020.pdf | ||||||
21 | Maryland | 1/12/21 Bulletin 21-03 Insurers may not cancel or nonrenew a motor vehicle liability insurance policy in Maryland due to the expiration of an insured's driver's license during the COVID-19 emergency. 11/25/2020 Bulletin 2020-42 Health carriers are to suspend health benefit cancellations and nonrenewals of individual health policies for non-payment of premium, unless the conditions set forth in the Bulletin are satisfied. The suspension shall be in effect for a period of 60 days from November 27, 2020. 9/28/20 Bulletin 2020-39 Health Carriers are to suspend health benefit cancellations and nonrenewals of individual health policies for non-payment of premium, unless the conditions set forth in the Bulletin are satisfied. 8/11/20 Bulletin 20-30 (Revised) Insurance health benefit plan carriers are ordered to suspend health benefit cancellations and nonrenewals of individual health policies for non-payment of premium, unless the following conditions are satisfied: - Open enrollment or the Coronavirus Emergency Special Enrollment Period offered by the Maryland Health Benefit Exchange is in effect; and - The health carrier has complied with the grace period and notice requirements set forth in the policy being terminated; and - The health carrier provides an additional written notice of date of termination at least 10 days prior to the effective date of termination that includes a disclosure statement in at least 12-point bold type advising the member of the Exchange; and - The termination is effective on the last day of the month. This regulation is effective for a period of 60 days from July 30, 2020. 7/30/20 Bulletin 20-30 Insurance health benefit plan carriers are ordered to suspend health benefit cancellations and nonrenewals of individual health policies for non-payment of premium. This requirement is in effect for 60 days. 7/2/20 Bulletin 20-28 Insurers will be required to make an informational filing in SERFF with the details of their COVID-19 response efforts. Information regarding the required filings will be provided in a future bulletin. The Administration provides the following guidance regard the resumption of non-payment cancellations of P&C policies: 1. All existing legal requirements for advance notification, mailing method and content of such notices are in effect. 2. An insurer may not cancel a current policy term as a result of a past due amount from a prior term. 3. Payments received from insureds that are in arrears should be applied to the current policy period before being applied to a prior term's premium due. 4/13/20 Bulletin 20-20 All insurers are requested to waive or reduce to the greatest extent possible short-rate cancellation penalties during the COVID-19 crisis. 4/3/20 Bulletin 20-17 Insurers are requested to be lenient in the application of policy language regarding provision of prompt notice of a claim and consider whether or not late notice of a claim was preventable and if the late-notice actually prejudiced the insurer's ability to adjust the claim. Insurers are also requested to utilize the Sworn Statement in Proof of Loss requirement only when necessary and to relax the completion deadline if necessary to accommodate COVID-19 related circumstances. Remote technology should be considered any for EUOs whenever possible. 3/26/20 Bulletin 20-14 Maryland-domiciled insureres that provide premium grace periods to policyholders may request a permitted accounting practice to waive the Statutory Accounting Principle that requires an insurer to non-admit premium receivable assets over 90 days past due. The permitted accounting practice will be effective for the year 2020. 3/20/20 Bulletin 20-10 The Commissioner encourages insurers to make reasonable accommodations so that individuals and businesses do not lose coverage due to non-payment of premium during the COVID-19 emergency. | 9/1/20 Bulletin 20-35 P&C insurers must submit an informational filing in SERFF no later than October 31, 2020 providing the details of all actions each insurer has taken to date in response to the Bulletins issued by the Insurance Administration and any other measures taken in response to COVID-19. The filing should be designated "rate/rule." 6/16/20 Bulletin 2020-27 Provides filing guidance to Health Benefit Plans and Dental Plans 3/6/20 Bulletin 20-05 Carriers are urged to engage in focused member education and outreach regarding insurance coverage of medically necessary health care services for COVID-19 prevention, diagnosis, and treatment. Carriers are also encouraged to provide members with access to general information regarding COVID-19, including symptoms of the virus and strategies to prevent exposure and transmission. Carrier websites and nurse-help lines may be useful resources to provide this information. https://insurance.maryland.gov/Insurer/Documents/bulletins/Bulletin-20-05-Covid-19.pdf | 4/7/20 Bulletin No. 20-19 The Commissioner does not have the authority to amend premium tax payment due dates. Thevdue date for the payment of quarterly estimated premium taxes is still April 15, 2020. The Commissioner will exercise his discretion to waive penalties and interest for the late payment of quarterly estimated premium taxes due on April 15, 2020, if an insurance company is unable to make such payment timely because the COVID-19 pandemic has impacted the operation of the company’s premium tax administrative offices. Insurance companies should be prepared to submit documentation of such impact at the request of the Commissioner. Such waiver of penalties and interest will be effective through June 1, 2020, unless amended by a subsequent bulletin. This general waiver does not extend to any other quarterly estimated premium tax payment due date or other premium tax obligations. 3/12/20 Governor's Order authorizing suspension of legal time requirements etc. The head of each unit of State or local government may, upon a finding that the suspension will not endanger the public health, welfare, or safety and after notification to the Governor, suspend the effect of any legal or procedural deadline, due date, time of default, time expiration, period of time, or other time of an act or event described within any State or local statute, rule, or regulation that it administers. The unit head shall provide reasonable public notice of any such suspension. Such suspension may, at the discretion of the unit head and to the extent that it will not endanger public health, welfare, or safety, continue until no later than the 30th day after the date by which the state of emergency is terminated and the catastrophic health emergency is rescinded. https://governor.maryland.gov/wp-content/uploads/2020/03/Licenses-Permits-Registration.pdf | 4/29/20 Press release The vendor that conducts professional insurance licensing tests for the Administration, PSI, will begin opening test centers in Maryland on May 1st. Candidates can schedule an exam by visiting candidate.psiexams.com or calling 800-733-9267. 3/12/20 Governor's Order extending certain licenses, etc. All licenses, permits, registrations, and other authorizations issued by the state, its agencies or any political subdivision that would expire or be renewable during the current state of emergency will be extended until the 30th day after the state of emergency is lifted. https://governor.maryland.gov/wp-content/uploads/2020/03/Licenses-Permits-Registration.pdf | 7/23/20 Bulletin 2020-29 The Commissioner has suspended the requirement that a title insurer conduct an on-site review of each of its title insurance producers appointed as a principal agent within a calendar year until the 30th day after the termination of the state of emergency. The suspension of the annual on-site audit requirement is subject to additional conditions described in the bulletin. 4/30/20 Bulletin 2020-22 The Commissioner has invoked emergency powers to require pharmacy benefits managers and health carriers to suspend random audits, including, but not limited to in-person or "des" audits, of pharmacies, unless there is a reasonable suspicion of fraud. 4/6/20 Bulletin No. 20-18 Policyholders that own multiple vehicles, including commercial fleets, may provide a list of the out of service vehicles during the COVID-19 crisis to their insurer and request premium modification. Insurers are encouraged to work with policyholders to make premium reductions without the return of tags. 3/26/20 Bulletin No. 20-14 Maryland-domiciled insurers that provide premium grace periods to policyholders may request a permitted accounting practice to waive the Statutory Accounting Principle that requires an insurer to non-admit premium receivable assets over 90 days past due. The permitted accounting practice will be effective for the year 2020. Email requests for a permitted accounting practice to holdingcompanyfiling.mia@maryland.gov. 3/25/20 Bulletin No. 20-13 The advance notice mailing requirement under s. 27-613 and s. 27-614 that a PPA notice of cancellation (other than for non-payment), non-renewal, or premium increase be mailed 45 days in advance of the proposed action is hereby suspended for the duration of the state of emergency. https://insurance.maryland.gov/Insurer/Documents/bulletins/20-13-Temporary-Suspension-of-45-day-Advance-Mailing-Notice-PPA.pdf 3/10/20 COVID-19: Emergency Regulations Approved Health carriers may only require prior authorization for COVID-19 testing based on medical necessity. https://insurance.maryland.gov/Pages/newscenter/NewsDetails.aspx?NR=2020252 3/6/20 Bulletin 20-05 Carriers are required to waive any time restrictions on prescription medication refills and authorize payment to pharmacies for at least a 30-day supply of any prescription medication, regardless of the date upon which the prescription medication had most recently been filled by a pharmacist. Co-payments and deductibles may apply to the prescription medication refills, in accordance with the terms of the carrier's contract or policy. The Commissioner will promulgate emergency regulations to require health carriers to limit prior authorization requirements for testing for COVID-19 to only those requirements that are based on the medical necessity of that testing. https://insurance.maryland.gov/Insurer/Documents/bulletins/Bulletin-20-05-Covid-19.pdf | 3/6/20 Bulletin 20-05 Carriers are asked to encourage the use of telehealth services, as appropriate, by all members. https://insurance.maryland.gov/Insurer/Documents/bulletins/Bulletin-20-05-Covid-19.pdf | The Maryland Insurance Administration has postponed hearings occurring on or before April 1, 2020. The hearing and appeals clerk will contact counsel (if the parties are represented) or the parties directly to reschedule hearings. If you are scheduled for a hearing after April 1, 2020 please check back on this page for the status of hearings before you appear at the Maryland Insurance Administration, as circumstances may warrant further announcements. The hearings office continues to process correspondence or filings received through regular mail or by email at appealsclerkcontacts.mia@maryland.gov related to any hearing. https://insurance.maryland.gov/Documents/newscenter/MIA-Hearings-FAQs-COVID.pdf | 3/23/20 COVID19-04 Insurance companies are not required to close as a result of Executive Order Number 20-03-23/01, dated 3/23/20. https://governor.maryland.gov/wp-content/uploads/2020/03/OLC-Interpretive-Guidance-COVID19-04.pdf | 3/25/20 Administrative Order of the Appeals Court | 1/4/21 Bulletin 21-01 Encourages all private passenger automobile insurers and insurance producers to contact policyholders to determine if they have reduced their vehicle usage as a result of COVID-19 such that they may be eligible for a reductionof premium. 9/17/20 Bulletin 20-38 Encourages all private passenger automobile insurers to determine if it is appropriate to provide additional premium relief to policyholders. Insurers providing relief should make a rate/rule filing in SERFF on or before November 1, 2020 describing the relief. 4/13/20 Bulletin 20-20 All insurers writing commercial lines of business that are priced based on an estimate of the annual payroll or revenue of the insured (such as workers' compensation and commercial eneral liability) should work with producers to accommodate policyholder requests for mid-term revisions to premium based on COVID-19 related changes in payroll or revenue rather than waiting for actual payroll / revenue results at the close of a policy period. In addition, commercial insurers that utilize credit / financial rating reviews of applicants and insureds for pricing and / or payment plan eligibility are requested to weight such reviews heavily on pre-COVID-19 data and to review the insured's or applicants credit history over a period of several years so as to minimize the impact of COVID-19 on pricing and eligibility outcomes. 3/23/20 Bulletin 20-12 The Maryland Insurance Administration encourages all P&C insurers to consider making rate filings that provide temporary relief to insureds during this emergency. Filings may take the form of a premium discount for specific perils or coverages, or any other appropriate reduction in premium commensurate with reduced loss exposure. The Administration will waive filing fees for rate relief filings and provide expedited review. https://insurance.maryland.gov/Insurer/Documents/bulletins/20-12-PandC-temporary-rate-relief-filings.pdf | 9/4/20 Bulletin 2020-36 Health carriers are required to waive any cost-sharing for visits to diagnose or test for COVID-19 3/10/20 COVID-19: Emergency regulations approved Health carriers must waive any cost-sharing for any visit to diagnose or test for COVID-19 regardless of the setting of the testing, for any lab fees related to COVID-19, and for vaccination. https://insurance.maryland.gov/Pages/newscenter/NewsDetails.aspx?NR=2020252 Co-payments and deductibles may apply to the prescription medication refills, in accordance with the terms of the carrier's contract or policy. The Commissioner will promulgate emergency regulations to require health carriers to waive any cost-sharing, including co-payments, coinsurance and deductibles, for - any visit to diagnose or test for COVID-19 regardless of the setting of the testing; - lab fees to diagnose or test for COVID-19; - vaccination for COVID-19. https://insurance.maryland.gov/Insurer/Documents/bulletins/Bulletin-20-05-Covid-19.pdf | 3/10/20 COVID-19:Emergency Regulations Approved Carriers shall evaluate a request to use an out-of-network provider to test for COVID-19 solely on the basis of whether the test is medically necessary or appropriate. https://insurance.maryland.gov/Pages/newscenter/NewsDetails.aspx?NR=2020252 3/6/20 Bulletin 20-05 Carriers should review their provider panels to ensure members have reasonable access to providers with the expertise to treat severe cases of COVID-19. Carriers should plan for granting out-of-network referrals pursuant to s. 15-830 of the Insurance Article if there are not sufficient numbers of appropriately qualified providers in the provider panel to treat COVID-19. If out-of-network referrals are necessary, carriers encouraged to enter into agreements with providers to prevent balance billing of members. The Commissioner will promulgate emergency regulations to require health carriers to evaluate a request to use an out of network provider to perform diagnostic testing of COVID-19 solely on the basis of whether the use of the out of network provider is medically necessary or appropriate. https://insurance.maryland.gov/Insurer/Documents/bulletins/Bulletin-20-05-Covid-19.pdf | 4/24/20 Bulletin 20-21 The MIA has approved two recent filings from the NCCI to create uniform codes for tracking COVID-19 injuries, losses and expenses and to allow for the exclusion of payroll for workers who are not performing any employment functions but are still being paid by the employer. 4/14/20 Notice The Commissioner notifies all agents, brokers, insurance companies, and other Department licensees that they are required to comply with their contractual, statutory, and other legal obligations, including but not limited to requirements that they accept any communication from policyholders or their representatives indicating that the policyholder desires to make a claim against a policy that reasonably suggests that a response is expected as a notice of claim. Upon receipt of a notice of claim, every Department licensee is required to transmit such notice of claim to the insurer immediately. Upon receipt of a notice of claim, subject to certain exceptions, every insurer is required to acknowledge the notice of claim immediately. After conducting a thorough, fair, and objective investigation o fthe claim, the insurer must accept or deny the claim. 4/3/20 Bulletin 20-17 The Insurance Administration seeks the cooperation of property and casualty insurers with respect to difficulties residents of Maryland may have complying with certain claim deadlines contained in their insurance policies during the COVID-19 crisis. 3/10/20 COVID-19: Emergency Regulations Approved The Commissioner may require a health carrier to make a claims payment for COVID-19 that the carrier had denied as experimental. The MIA is instituting an expedited grievance procedure to review adverse decisions on requests for coverage for COVID-19 testing. https://insurance.maryland.gov/Pages/newscenter/NewsDetails.aspx?NR=2020252 The Commissioner will promulgate emergency regulations to require health carriers to make a claims payment for treatment for COVID-19 that the health carrier has denied as experimental. https://insurance.maryland.gov/Insurer/Documents/bulletins/Bulletin-20-05-Covid-19.pdf | 3/13/20 Special Enrollment Opens Next Week During Maryland's Coronavirus State of Emergency Uninsured Marylanders may enroll through MarylandHealthConnection.gov, the state's health insurance marketplace starting Monday March 16 through Wednesday April 15. Coverage will start on April 1, 2020, regardless of when a consumer enrolls during this period. https://content.govdelivery.com/accounts/MDHC/bulletins/280fe8c | |||||
22 | Massachusetts | 12/29/20 Bulletin 2020-30 Advises insurers to continue to provide employers and individuals with flexibility so as to maintain coverage despite premium payment difficulties during the COVID-19 emergency. Insurers may not impose new or additional fees in exchange for premium payment flexibility. 2/23/20 Bulletin 2020-05 Carriers should explore ways to streamline or delay the submission of administrative paperwork that may jeopardize the maintenance or issuance of coverage. Carriers should explain grace periods that usually allow distressed policyholders experiencing significant financial hardship to delay payments without coverage being terminated. On a case-by-case basis, Carriers should also work with employers or individuals experiencing financial hardship to find the best ways to address concerns with the timing of premium payments in order to delay any cancellation of coverage for non-payment and collection activity. Carriers should explore all possible ways to relax due dates for premiums payments; to extend grace periods; waive late fees, non-sufficient funds fees, installment fees, and penalties; allow payment plans for premiums payments; assist affected policyholders to find ways that insurance policies do not lapse; and consider cancellation or non-renewal of policies only after exhausting other efforts to work with policyholders to continue coverage. https://www.mass.gov/doc/bulletin-2020-05-flexibility-in-the-issuance-and-administration-of-insurance-during-covid-19/download | 4/30/20 Bulletin 4-30-2020 Nursing facilities are require to submit the infection control self-assessment and attestation in Appendix A attached to this bulletin. 3/16/20 Bulletin 2020-04 Carriers are expected to communicate prevention, testing, and treatment options to covered persons in accordance with guidelines from the Massachusetts Department of Public Health and the CDC such as guidelines regarding how and when to contact your local board of health or health care provider. https://www.mass.gov/doc/bulletin-2020-04-emergency-measures-to-address-and-stop-the-spread-of-covid-19-coronavirus/download | 7/20/20 Bulletin B-2020-24 The Division will continue to provide flexibility regarding filing format requirements, including regarding notarization and hard copy filing requirements. The Division has also extended the due date for various filings, as further described in the bulletin. | 7/20/20 Bulletin 2020-24 Regulatory filing requirements will continue to be relaxed. Notarization, hard copy filing, and seal requirements all remain suspended. 4/3/20 Bulletin 2020-11 The requirement for having financial statement signatures notarized, acknowledged, and made under oath, as well as the requirement that hard copy original signed reports be filed with the Division is suspended with respect to the filing of the quarterly financial statement for the quarter ending March 31, 2020 and with respect to the filing of amendments to any previously filed financial statement provided the insurer complies with certain requirements listed in teh bulletin. The bulletin provides extensions on a number of filing deadlines so long as the insurer complies with requirements provided by the bulletin. | 10/07/20 Bulletin 2020-29 Licenses with renewal dates after March 10, 2020 will remain in effect until December 31, 2020, after which they must be renewed. The Division is accepting renewal applications through the National Insurance Producer Registry website or by mail to the Division's offices. Individual licenses that expiore after January 1, 2021 are not eligible for extension and must be renewed according to its originally scheduled expiration date. CE requirements must be satisfied prior to December 31, 2020. Some testing centers in Massachusetts have reopened for in-person licensing examinations. Check the Prometric website for information. 4/29/20 Bulletin 2020-14 The Division will issue Temporary Insurance Producer Licenses to applicanst that meet the requirements for licensurewithout requiring them to pass an examination. The applicant must be a resident of Massachusetts and must be appointed by a sponsoring insurer. The buleltin provides instructions for applying for a temporary license and information regarding the sponsoring insurer's responsibilities. In adition, the Department continues to work to make remote testing available as soon as possible. 4/3/20 Bulletin 2020-12 All individual insurance licenses in good standing as of the date of the Emergency Declaration that expire during the state of emergency are extended and shall remain valid for a period of 90 days following the termination of the state of emergency. All individual insurance licensees are encouraged to complete any required continuing education in advance of their original renewal date. The Division has approved many online (self-study) courses, eliminating the need for in-person attendance and supporting initiatives to slow the spread of COVID-19. The Division is also waiving the proctor requirement for all approved online continuing education courses. All in-person insurance licensing exams have been suspended until at least April 16, 2020. 3/18/20 Executive Order Any occupational or professional license, certificate, or registration issued by a state agency or any board of registration or division with licensing authority, and which license is in good standing and has expired or will expire during the state of emergency is extended and shall remain valid until 90 days following the termination of the state of emergency. | 9/22/20 Bulletin B-2020-28 The Division expects carriers to continue to ease administrative processes that were outlined in Bulletin 2020-21 for inpatient acute care hospitals until December 31, 2020. In addition, the Division would not find it appropriate for Carriers to conduct any retrospective reviews to deny emergency or inpatient hospital services that were provided to treat COVID-19 during the state of emergency as being "not medically necessary" when rendered. Retrospective review may be conducted for instances of suspected fraud. When Carriers are acting as administrators for employment-sponsored non-insured health benefit plans, the Division expects Carriers to encourage plan sponsors to take steps that are consistent with the provisions of Bulletins 2020-02, 2020-04, 2020-10, 2020-13, 2020-15, 2020-21, and 2020-28. 3/26/20 The Massachusetts Auto Damage Appraiser Licensing Board (Board) has issued Advisory Ruling 2020-01, which temporarily increases the damage threshold above which "personal inspection" of motor vehicle damage is required from $1500 to $3000. 3/26/20 The Massachusetts Registry of Motor Vehicles is implementing a 60-day extension to vehicle inspections expiring in March and April due to the COVID-19 crisis. The RMV is also extending the time during which newly registered vehicles must be inspected. 3/26/20 Bulletin 2020-06 Carriers are advised to provide as much flexibility with respect to prescription drug coverage administration and delivery as is reasonably possible during the period of the COVID-19 public health crisis. Carriers are expected to: - work with carrier pharmacy networks to ensure that neither carriers nor plan pharmacies have any signature requirements currently in place for in-person prescription recipts, member-pharmacist counseling requirements, etc. - work with carrier pharmacy networks so that plan pharmacies waive any signature requirements currently in place for in-home prescription deliveries, with the exception of any applicable federal signature requirements for controlled substances; -work with carrier pharmacy networks to ensure that neither carriers nor plan pharmacies have any requirements that impede pharmacies from mailing prescritions to carrier members; - allow members to utilize their health insurance benefits for early refills for maintenance drugs (other than for federally controlled substances) where appropriate. https://www.mass.gov/doc/bulletin-2020-06-administration-of-precription-drug-benefits-during-covid-19-coronavirus-public/download 3/23/20 Bulletin 2020-05 Health insurance carriers are advised to work with employers to allow flexibility in submitting enrollment, renewal or other information necessary to begin or renew health coverage. https://www.mass.gov/doc/bulletin-2020-05-flexibility-in-the-issuance-and-administration-of-insurance-during-covid-19/download | 3/16/20 Bulletin 2020-04 Carriers are expected to permit all in-network providers to deliver clinically appropriate, medically necessary covered health services via telehealth to covered members during the duration of Governor Baker's Emergency Order. This Bulletin does not require any Carrier to cover services via telehealth unless they are covered on an in-person basis under the Carrier's health plans. Carriers may establish reasonable requirements for telehealth services but they are not permitted to impose any specific requirements on the technologies used to deliver telehealth services (including any limitations on audio-only or live video technologies). https://www.mass.gov/doc/bulletin-2020-04-emergency-measures-to-address-and-stop-the-spread-of-covid-19-coronavirus/download 3/15/20 Governor's Order Expanding Access to Telehealth Services and to Protect Health Care Providers The Group Insurance Commission, all Commercial Health Insurers, Blue Cross and Blue Shield of Massachusetts ,Inc. and HMOs regulated by the Division of Insurance are required to allow all in-network providers to deliver clinically appropriate, medically necessary covered services to members via telehealth. The GIC and all Carriers may establish reasonable requirements fo such telehealth services, in accordance with guidance issued by the Division of Insurance, including with respect to documentation and recordkeeping, but such requirements may not be more restrictive than those established by the MassHealth program through MassHealth All-Provider Bulletin 289. The GIC and all Carriers shall not impose any specific requirements on the technologies used to deliver telehealth services (including any limitations on audio-only or live video technologies). Carriers shall ensure that rates of payment to in-network providers for services delivered via telehealth are not lower than the rates of payment established by the Carrier for services delivered via traditional (i.e., in-person) methods, and shall notify providers of any instructions necessary to facilitate billing for such telehealth services. Carriers are required to cover, without any cost-sharing, medically necessary treatment delivered via telehealth related to COVID-19 at in-network providers. https://www.mass.gov/doc/march-15-2020-telehealth-order/download | All hearings to appeal an insurance cancellation scheduled by the Board of Appeal at any location OTHER THAN BOSTON through Frida, March 30 are postponed. For all hearings schedule for Boston ONLY between March 24 and March 30, the Board of Appeal will contact you about your hearing. https://www.mass.gov/service-details/board-of-appeal-postponements | 3/31/20 COVID-19 Order No. 21 Extends the closing of non-essential businesses, but continues to recognize insurance businesses as essential and therefore exempt from the closure requirement. COVID-19 Order No. 13 Insurance services workers perform an essential service and are not subject to the governor's stay at home order. https://www.mass.gov/info-details/covid-19-essential-services | 6/24/20 The Massachusetts Supreme Judicial Court issued an order ceasing the tolling of civil statutes of limitations. The SoLs had been tolld from March 17 until June 30, but will not be tolled beyond that date. | 12/29/20 Bulletin 2020-30 Advises insurers to continue to provide employers and individuals with flexibility so as to maintain coverage despite premium payment difficulties during the COVID-19 emergency. Insurers may not impose new or additional fees in exchange for premium payment flexibility. 4/13/20 Filing Guidance Notice 2020-B Where companies are looking to process refunds or premium credits related to reduced risk exposure resulting from the COVID-19 pandemic, the Division requires carriers to submit form filing that will be used to notify covered persons about the refund or premium credit, and rule filings, where appropriate, if the refund or premium credit is only being provided to policyholders who meet certain actuarially appropriate criteria. If a carrier finds that it needs to submit a rate filing, the carrier should following P&C Filing Guidance Notices 2008-C and 2013-A. Please be aware that the Division is instituting processes to expedite review of all filings being made to imlement COVID-19 refunds and premium credits. The filing should be sent via SERFF. The filing must include a filing description field beginning with the phrase "COVID-19 Adjustment," and a filing fee of $75 per policy as required for a form filing. | 12/29/20 Bulletin B-2020-31 The Division reminds insurers about its expectations regarding carriers' efforts to provide flexibility and coverage for the testing and treatment of COVID-19. 12/29/20 Bulletin B-2020-30 The Division believes carriers should continue to be flexible in collecting premiums and advises carriers to provide policyholders with flexibility to permit them to maintain coverage. 7/29/20 Bulletin B-2020-25 The Division has issued updated guidance regarding coverage for COVID-19 related testing. 7/8/20 Bulletin B-2020-23 The Division has issued updated guidance regarding coverage for COVID-19 related testing. 5/18/20 Bulletin B-2020-16 Carriers are expected to forego any cost-sharing for medically necessary COVID-19 testing, counseling, vaccinations and treatment at in-network doctor's offices, urgent care centers, or emergency rooms, and at out-of-network doctor's offices, urgent care centers, or emergency rooms when access to urgent testing or treatment is unavailable from in-network providers. Carriers are required to cover, without any cost-sharing, medically necessary treatment delivered via telehealth related to COVID-19 at in-network providers. https://www.mass.gov/doc/march-15-2020-telehealth-order/download 3/6/20 Bulletin 2020-02 Carriers are expected to forego any cost-sharing for medically necessary COVID-19 testing, counseling, vaccinations and treatment at in-network doctor's offices, urgent care centers, or emergency rooms, and at out-of-network doctor's offices, urgent care centers, or emergency rooms when access to urgent testing or treatment is unavailable from in-network providers. https://www.mass.gov/doc/bulletin-2020-02-addressing-covid-19-coronavirus-testing-and-treatment-issued-362020/download | 5/18/20
Bulletin B-2020-16 The Division expects insurers to relax out-of-network requirements and procedures when access to testing or urgent treatment is unavailable from in-network providers 3/6/20 Bulletin 2020-02 Carriers are expected to relax out-of-network requirements and procedures when access to urgent testing or treatment is unavailable from in-network providers. | 7/29/20
Bulletin B-2020-25 The Division has issued updated guidance regarding coverage for COVID-19 related testing. 7/8/20 Bulletin B-2020-23 The Division has issued updated guidance regarding coverage for COVID-19 related testing. 6/25/20 Bulletin B-2020-21 The Division expects health carriers to continue to relax certain prior authorization procedures more fully described int he bulletin. 5/18/20 Bulletin 2020-17 The Division urges insurers to help businesses maintain their existing coverage by providing as much flexibility regarding vacancy clauses as is reasonably possible during the COVID-19 crisis. 5/18/20 Bulletin B-2020-16 The Division expects insurers to relax prior approval requirements and procedures and eliminate prior approval requirements for antigen and polymerase chain reaction testing for COVID-19. 4/30/20 Bulletin B-2020-15 The Division expects carriers to forego prior authorization reviews or concurrent reviews for anys cheduled surgeries and behavioral health or non-behavioral health admissions at acute care and mental health hospitals for a period of 60 days (or at the end of the emergency period i the public health emergency ends prior to the conclusion of the 60 day period. Carriers should assist hospitals in identifying and preparing for member's anticipated health needs after leaving the hospital. Carriers should provide hospitals additional time to respond to carrier requests for claims review information or to process internal and external appeals and document claims. The bulletin provides other, additional methods of flexibility carriers should employ in the administrative process. Carriers shall not impose prior authorization requirements on medically necessary treatment delivered via telehealth related to COVID-19 at in-network providers. https://www.mass.gov/doc/march-15-2020-telehealth-order/download | 3/12/20 Bulletin 2020-03 A limited-time special enrollment period for qualified individuals without insurance is in effect from March 12, 2020 to April 25, 2020. Currently uninsured Massachusetts residents can enroll in health coverage. The SEP will not allow currently enrolled invidials to switch plans. https://www.mass.gov/doc/bulletin-2020-03-special-open-enrollment-period-effective-immediately-until-april-25-issued/download | 4/17/20 SD 2640 Provides immunity from liability for health care workers and facilities during the COVID-19 pandemic. The bill also provides immunity to volunteer organizations for any liability or damage arising from the use of the organization's facility for activities related to COVID-19, unless it is established that the damages were caused by the volunteer organization's gross negligence, recklessness or conduct with an intent to harm. | 9/23/20 HB 4739 and HB 4749 The above-referenced bills relate to workers' compensation presumptions for COVID-19. The Joint Committee on Labor and Workforce Development reported the two bills into a study order. This typically results in the death of the bill for the session. 6/3/20 SD 1455 Encourages businesses to purchase business continuity or business interruption insurance via a corporate tax deduction. Defines a disaster to include a pandemic. Establishes a commission to examine the need for guidelines for small business insurance. SD 2655 Requires business interruption coverage to retroactively cover COVID-19 related claims. 5/4/20 HD 5050 Creates a workers compensation presumption for COVID-19 related injuries suffered by public employees. 4/21/20 SD 2888 The Senate admitted SD 2888, which provides for retroactive business interruption coverage, as described below. The bill was assigned to the Joint Financial Services Committee. H 4667 The House passed the bill, which would require long term care facilities and other elderly housing to provide daily reports to the Department of Public Health regarding the number of COVID-19 cases and fatalities among residents and staff. The bill now goes to the Senate 4/17/20 SD 2640 Provides immunity from liability for health care workers and facilities during the COVID-19 pandemic. 4/6/20 HD 4949 Provides workers compensation protection to emergency response and medical personnel related to COVID-19 infections. 4/6/20 SD 2888 The bill requires every insurance policy providing business interruption insurance as of the effective date of the act to cover business interruptions resulting from COVID-19. The bill prohibits insurers from denying a claim for business interruption on account of COVID-19 being a virus, even if the policy explicitly excludes losses resulting from viruses, or because there was no physical damage to the property. The coverage shall continue until the state of emergency is rescinded by the governor. The bill applies to insureds with 150 or fewer full-time equivalent employees. | ||
23 | Michigan | 10/19/20 Bulletin 2020-41-INS/BT/CF/CU DIFS is reviewing its bulletins, orders, and other guidance relating to the public health emergency caused by the COVID-19 pandemic to determine whether modifications are necessary and appropriate as a result of the Michigan Supreme Court's order in House of Representatives v. Governor, which stated that the Executive Orders issued by the Governor under the Emergency Powers of the Governor Act "are of no continuing legal effect." 5/8/20 Executive Order No. 2020-78 Prohibits automobile insurers from taking any adverse or negative actions against an individual because the individual's license or registration expired between February 1, 2020 and June 30, 2020. Licenses and registrations are extended by the executive order and remain valid for all purposes. Canceling, voiding, rescinding, or refusing to issue or renew a policy of automobile insurance or denying a claim is prohibited. 4/13/20 Bulletin 2020-16-INS The Director strongly encourages insurers to provide their insureds with at least a 60-day grace period to pay insurance premiums so that insurance policies are not cancelled for nonpayment of premium. Insurers may offer payment accommodations, such as allowing consumers to defer payments (without incurring interest), extending payment due dates, and/or waiving late or reinstatement fees. DIFS encourages insurers to allow for payment plans for the back-due premium at the end of an insured's 60-day grace period, in lieu of a balloon-type premium bill. In addition, the Director asks that insurers make adjustments to claim filing deadlines to accommodate insureds who may encounter difficulty in timely providing notice of a claim or meeting other contractual claim requirements. The Director requires insurers taking any measures to provide flexibility due to COVID-19 to submit their plan regarding the steps to be followed to implement flexibility for their insureds during this state of emergency. This bulletin expires 90 days after the expiration of the state of emergency declared by Governor Gretchen Whitmer on March 10, 2020, and any extension thereof. | 10/27/20 Bulletin 2020-44-INS Permits companies to make filings to DIFS electronically with an email to the analyst and the analyst's manager. Insurers must maintain a list of all filings made electronically. Electronic signatures are also permissible. Insurers are also encourage to use teleconferencing technology as an alternative to in-person policyholder or stockholder meetings. 10/19/20 Bulletin 2020-41-INS/BT/CF/CU DIFS is reviewing its bulletins, orders, and other guidance relating to the public health emergency caused by the COVID-19 pandemic to determine whether modifications are necessary and appropriate as a result of the Michigan Supreme Court's order in House of Representatives v. Governor, which stated that the Executive Orders issued by the Governor under the Emergency Powers of the Governor Act "are of no continuing legal effect." 7/8/20 Order No. 2020-13-M Orders insurers to submit one of the following filings no later than July 24, 2020: - A plan to issue refunds, credits, or premium waivers to their customers; or - An explanation of why a refund, credit or premium waiver is not warranted at this time. Both types of filings must be accompanied by detailed actuarial support. This filing is in addition to any filing made under Order 2020-10-M and must be made for all personal and commercial policies, including group and nongroup policies. 6/17/20 Order No. 2020-11-M Orders workers' compensation insurers who have not already submitted a filing for, and have not ye implemented, a COVID-19-related adjustment, credit, or endorsement to submit a filing in SERFF or, alternatively, explain why they are not issuing such relief measures. Either filing must be submitted under the "COVID-19 Refund/Premium Waiver" type by June 26, 2020. Order No. 2020-10-M Requires all insurers authorized to write automobile insurance in Michigan who have not already submitted a filing under Bulletin 2020-18-INS, and who have not yet implemented a premium waiver or refund, to submit either a plan to issue refunds or premium waivers to their customers or an explanation of why a refund or premium waiver is not warranted at this time. Both types of filings must be accompanied by detailed actuarial support. 5/22/20 Bulletin 2020-26-INS The Department has issued filing requirements applicable to any health and dental insurer that plans to issue premium refunds or credits as a result of the COVID-19 pandemic. 5/7/20 Bulletin 2020-24-INS Issuers that decide to include COVID-19 experience in rate filings for Plan Year 2021 must provide an exhibit which specifically details whether rates include COVID-19 experience and which describes the rating methodology. The exhibit must describe the rating and trending impact by Essential Health Benefit category and must include actuarial support. | 10/19/20
Bulletin 2020-41-INS/BT/CF/CU DIFS is reviewing its bulletins, orders, and other guidance relating to the public health emergency caused by the COVID-19 pandemic to determine whether modifications are necessary and appropriate as a result of the Michigan Supreme Court's order in House of Representatives v. Governor, which stated that the Executive Orders issued by the Governor under the Emergency Powers of the Governor Act "are of no continuing legal effect." 3/20/2020 Bulletin 2020-08-INS At this time, companies are still required to make all required electronic filings with the NAIC. However, for the duration of the Governor's emergency declaration, all other required filings can be made electronically to DIFS with an email to your assigned analyst, with a copy also going to the analyst's manager. Any deadlines that apply to hard copy filing dates are hereby postponed and DIFS will notify companies when the hard copy filings can be resumed. Companies are expected to keep a list of all filings that were made electronically in lieu of hard copy filings so that they can file all the hard copies after being notified by DIFS. DIFS may request a copy of this list at any time. https://www.michigan.gov/documents/difs/Bulletin_2020-08-INS_684451_7.pdf | 4/13/20 Bulletin 2020-17-INS Entitites or persons regulated by the Department may request that the Director allow a 30 or 60-day delay in submitting certain regulatory filings. Those regulatory filings are identified below by indicating the filing's current, unmodified due date and whether a 30 or 60-day delay may be available to extend the due date for a particular filing upon request. Requests for a 30 or 60-day delay in submitting a regulatory filing should be made electronically to DIFS with an email to the entity or person's assigned analyst with a copy to the analyst's manager. DIFS reserves the right to reject any request for a 30 or 60-day delay in submitting a regulatory filing based on the particular circumstances and/or financial condition applicable to the requesting entity or person. 3/30/20 Bulletin 2020-12-INS Entities and persons regulated by DIFS must continue to comply with all applicable statutory and regulatory deadlines and requirements unless such deadlines and requirements are expressly waived or modified by the Director. | 10/22/20 Bulletin 2020-40-INS Rescinds Bulletin 2020-20-INS, which provided for the temporary licensing of producers during the COVID-19 pandemic. 10/19/20 Bulletin 2020-41-INS/BT/CF/CU DIFS is reviewing its bulletins, orders, and other guidance relating to the public health emergency caused by the COVID-19 pandemic to determine whether modifications are necessary and appropriate as a result of the Michigan Supreme Court's order in House of Representatives v. Governor, which stated that the Executive Orders issued by the Governor under the Emergency Powers of the Governor Act "are of no continuing legal effect." 4/22/20 Bulletin 2020-20-INS DIFS will issue temporary producer licenses to applicants meeting the requirements for licensure under state statute without requing examination and subject to certain conditions provided in the bulletin. 4/13/20 Bulletin 2020-15-INS DIFS will issue temporary producer licenses to applicants meeting the requirements fo licensure under Section 1205(1) of the Insurance Code, MCL 500.1205(1), without requiring examination, subject to conditions provided in the bulletin. Applicants for a temporary producer license must file an Electronic Resident Licensing application through the National Insurance Producer Registry. The license application fee is $10 plus a $5 transaction fee. In order to process a temporary producer license application, the sponsoring insurer must file DIFS' Request to Sponsor a Temporary Producer License Form, which can be found on the DIFS website. Remote testing for Michigan license examinations is not currently available through DIFS' third-party vendor. Please continue to monitor DIFS website for updates on remote testing availability. Companies that experience difficulties meeting any statutory or regulatory deadline or requirement as a result of the COVID-19 pandemic should contact the Director immediately. 3/19/20 PSI has closed its owned and operated test centers, which provide licensing examinations in Michigan. Candidates can reschedule up to and including the day of testing at no penalty and no documentation required. In most cases, candidates can reschedule onle and they are encouraged to do so. https://www.michigan.gov/documents/difs/PSI_COVID-19_684697_7.pdf | 10/19/20
Bulletin 2020-41-INS/BT/CF/CU DIFS is reviewing its bulletins, orders, and other guidance relating to the public health emergency caused by the COVID-19 pandemic to determine whether modifications are necessary and appropriate as a result of the Michigan Supreme Court's order in House of Representatives v. Governor, which stated that the Executive Orders issued by the Governor under the Emergency Powers of the Governor Act "are of no continuing legal effect." 3/20/20 Bulletin 2020-08-INS Insurers are encouraged to utilize maximum flexibility in rescheduling meetings or allowing alternatives to in-person policyholder or stockholder meetings. Insurers should also consider enacting alternatives such as teleconferences or videoconferences for meeting of the board of directors and committees of the board. Any temporary amendments to bylaws to allow greater flexibility are deemed approved by DIFS for the duration of the Governor's declaration of a public health emergency. https://www.michigan.gov/documents/difs/Bulletin_2020-08-INS_684451_7.pdf | 10/19/20
Bulletin 2020-41-INS/BT/CF/CU DIFS is reviewing its bulletins, orders, and other guidance relating to the public health emergency caused by the COVID-19 pandemic to determine whether modifications are necessary and appropriate as a result of the Michigan Supreme Court's order in House of Representatives v. Governor, which stated that the Executive Orders issued by the Governor under the Emergency Powers of the Governor Act "are of no continuing legal effect." 5/6/20 Bulletin 2020-23-CF The Department has issued updated guidance for the operations of businesses within the "financial services" sector, as stated in the bulletin. 3/24/20 Executive Order No. 2020-21 Insurance company workers are not subject to the stay at home order, "but only to the extent that their work cannot be done by telephone or remotely." https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-522626--,00.html | 10/19/20
Bulletin 2020-41-INS/BT/CF/CU DIFS is reviewing its bulletins, orders, and other guidance relating to the public health emergency caused by the COVID-19 pandemic to determine whether modifications are necessary and appropriate as a result of the Michigan Supreme Court's order in House of Representatives v. Governor, which stated that the Executive Orders issued by the Governor under the Emergency Powers of the Governor Act "are of no continuing legal effect." 5/8/20 Executive Order No. 2020-78 Prohibits automobile insurers from taking any adverse or negative actions against an individual because the individual's license or registration expired between February 1, 2020 and June 30, 2020. Licenses and registrations are extended by the executive order and remain valid for all purposes. Increasing an automobile insurance premium amount charged for a new policy or the renewal of an existing policy is prohibited. 4/13/20 Bulletin 2020-18-INS DIFS urges automobile insurers to submit information related to any planned refunds or premium waivers to customers resulting from the COVID-19 pandemic. DIFS will expedite its review of these forms. DIFS has created a special filing type of "COVID-19 Refund/Premium Waiver" in SERFF. Insurers must attach a filing memorandum that outlines the changes requested in this filing. The bulletin provides information that must be included. Requests that the filing be permitted to take effect prior to the expiration of the 30-day period must be submitted in the filing memorandum. Insurers must attach the actuarial support that they relied on to determine the amount of the refund or premium waiver. Insurers must attach copies of any notices that will be sent to policyholders. The filing must include a policy form that advises the customer at a minimum of whether the amount of premium owed has been modified by the refund or premium waiver and all other terms and that conditions of the policy apply. | 10/19/20 Bulletin 2020-41-INS/BT/CF/CU DIFS is reviewing its bulletins, orders, and other guidance relating to the public health emergency caused by the COVID-19 pandemic to determine whether modifications are necessary and appropriate as a result of the Michigan Supreme Court's order in House of Representatives v. Governor, which stated that the Executive Orders issued by the Governor under the Emergency Powers of the Governor Act "are of no continuing legal effect." 10/16/20 Emergency Workers' Comp. Rules Provide that certain first responders confirmed to have been infected with COVID-19 on or after March 18, 2020 are presumed to have suffered a "personal injury" for coverage purposes. The rules remain in effect until March 20, 2021. 5/8/20 Executive Order No. 2020-78 Prohibits automobile insurers from taking any adverse or negative actions against an individual because the individual's license or registration expired between February 1, 2020 and June 30, 2020. Licenses and registrations are extended by the executive order and remain valid for all purposes. Denying a claim is prohibited by the order. 3/30/20 Emergency Rule of Workers Disability Compensation Agency Unless proven otherwise, a first response employee suffers a personal injury that arises out of employment if the employy is diagnosed with COVID-19. | 10/22/20 HB 6030, HB 6031, HB 6032, HB 6101, HB 6159 The five bills listed above establish protections for businesses from civil liability except in cases involving gross negligence. The measures also protect employees from retribution or dismissal for following public health requirements. The bills also establish liability protections for employers, employees, and health care facilities and providers. | SB 906 Provides a presumption of workers compensation coverage for first responders that contract COVID-19. HB 5758 Provides a presumption of workers compensation coverage for first responders during an emergency declaration. | ||||||||
24 | Minnesota | 3/19/20 Domestic insurers must provide the MN Commerce Department with information on actions related to the COVID-19 emergency. Information due by March 31, 2020. | The Department of Commerce will accept documents filed electronically with the NAIC in lieu of hardcopy filings with the Department until a hardcopy filing can be made at a later date. Minnesota-specific filings can be emailed to Insurance.COVID19@state.mn.us and followed by hard copies at a later date. The Department will accept electronic signatures on any electronically submitted filings. | 3/13/20 Memo to Health Insurance Carriers Related to COVID-19 Health carriers are requested to provide a one-time refill of covered prescription medications prior ot the expiration of the waiting period between refills so that enrollees can maintain an adequate supply of necessary medication. Carriers may take into consideration patient safety risks associated with early refills for certain drug classes, such asopioids, benzodiazepines and stimulants. http://mn.gov/commerce-stat/pdfs/covid-letter-insurance-carriers.pdf | 3/13/20 Memo to Health Insurance Carriers Related to COVID-19 Health carriers should take any necessary steps to expand the availability of telemedicine services for their enrollees, and eliminate any barriers to its use. http://mn.gov/commerce-stat/pdfs/covid-letter-insurance-carriers.pdf | 3/25/20 Emergency Executive Order 20-20 Insurers are exempt from the governor's stay at home order. https://www.leg.state.mn.us/archive/execorders/20-20.pdf | 4/30/20 Press Release The Commerce Department encourages P&C insurers to provide relief during the COVID-19 pandemic, including: - waiving or discounting premiums for coverages that can be used to a limited extent, if at all, while work from home is necessary or required; - reviewing all eligibility criteria for discounts such as good driver or student discounts; - providing flexibility for insured persons who may be temporarily modifying their business operations or personal lives to accommodate social distancing in order to limit disease spread | 3/13/20 Memo to Health Insurance Carriers Related to COVID-19 The Departments request that health carriers eliminate all cost-sharing for COVID-19 testing including costs associated with an office visit or urgent care visit to be tested. The Departments strongly encourage health plans to limit or eliminate cost sharing for all forms of treatment for COVID-19 for in-network providers. http://mn.gov/commerce-stat/pdfs/covid-letter-insurance-carriers.pdf | 3/13/20 Memo to Health Insurance Carriers Related to COVID-19 Health plans are asked to continue to consistently verify that their provider networks are up to date and are adequate to handle an increase in utilization. Should in-network providers be unavailable to provide services, the Departments request health carriers to make allowances for out of network care. http://mn.gov/commerce-stat/pdfs/covid-letter-insurance-carriers.pdf | 5/6/20 Department of Labor and Industry Adopted Rules Explains the scope of treatment for PTSD in Minnesota Worker's Compensation coverage 3/13/20 Memo to Health Insurance Carriers Related to COVID-19 Health plans should take steps to ease requirements such as prior authorization or pre-certification requirements for treatment of COVID-19. http://mn.gov/commerce-stat/pdfs/covid-letter-insurance-carriers.pdf | 4/8/20 HB 4537 Creates a rebuttable presumption that first responders and certain related employees who contract COVID-19 have an occupational disease brought on by their employment. COVID-19 must be confirmed by a positive laboratory test or if a laboratory test is unavailable, diagnosed and documented by the employee's physician, physician's assistant, or APRN, based on the employee's symptoms. A copy of the confirmation must be provided to the employer or insurer. The presumption can only be rebutted by the employer or insurer demonstrating that the employment was not a direct cause of the disease. The bill takes effect on April 8, 2020. | 4/14/20 HF 4515 / SF 4425 Creates a presumption of coverage under workers compensation insurance for firefighters and line of duty benefits modification. | ||||||||
25 | Mississippi | 5/23/20
The mandatory grace periods for nonpayment of premium and moratoria on cancellations expired. 3/25/20 Bulletin 2020-3, as amended Changes the effective date of the moratorium to March 24, 2020, from March 14, 2020. 3/24/20 Bulletin 2020-3 The Department has imposed a 60-day moratorium on the cancellation/nonrenewal of policies for the non-payment of premiums, effective March 14, 2020. This moratorium applies to all policies issued or issued for delivery in Mississippi. Insurers are directed to work with impacted policyholders in paying the premiums that become due during the moratorium period by either allowing a payment plan or a further extension of the due date for the amount in full. If a policy is to be canceled or non-renewed for legally recognized reasons other than a failure to pay premiums, the cancellation or non-renewal may be made pursuant to statutory notice requirements. http://www.mid.ms.gov/legal/bulletins/20203Bul.pdf | 7/22/20 Bulletin 2020-11 Filers of individual, small group, and stand-alone dental plans offered inside and outside of the Federally Facilitated Marketplace must submit proposed rate filings for single risk pool coverage (both QHPs and non-QHPs) by SERFF, with form filings submitted no later than May 22, 2020 and rate filings no later than July 3, 2020. | 4/14/20 Bulletin 2020-07 The Department has extended deadlines for the submission of license renewal applications and related fees, surplus lines filing fees, P&C insurer renewals, title insurer renewals, and accredited reinsurer filing fees to June 30, 2020. Companies making electronic filings with the NAIC may request a 30 day extension on all filings due before July 1, 2020. The Department will defer to guidance regarding extensions to the domiciaary regulator for non-domiciliary companies. Hard copy and notarization requirements are waived, but companies should keep a list of all filings made electronically in lieu of hard copy and make a hard copy filing within 60 days of Mississippi returning to work. | 4/1/20 Bulletin 2020-5 Mississippi insurance producers, adjusters and bail bondsment whose CE compliance periods end in March, April, May or June 2020, should timely contact the MID requesting an extension for completing CE requirements in order to meet license requirements for renewals. This includes Mississippi nonresident adjusters with Mississippi as the Designated Home State. The MID will work with these licensees to ensure that they are given an appropriate opportunity to meet their CE requirements. To request an extension for CE requirements, contact the MID Licensing Division at (601) 359-2132 or licensing@mid.ms.gov. | 1/7/21 Bulletin 2021-1 The Department will not require insurers to conduct any on-site reviews of MGAs or TPAs in 2020 or 2021. Through calendar year 2021, insurers may conduct reviews of MGAs or TPAs through electronic information to satisfy their on-site review obligations under Mississippi statutes. 9/1/20 Bulletin 2020-12 The Department will not require insurers to conduct any on-site reviews of MGAs or TPAs in 2020. 3/23/20 Bulletin 2020-2 With regard to commercial insurance policies rated using auditable exposure bases, the Commissioner strongly encourages insurance companies to allow, when requested, mid-term audits, self-audits, or other adjustments to rating bases thereby reducing the associated premium and more accurately reflecting annualy exposure projections. This Bulletin is not intended to waive carriers' rights or responsibilities to perform a final audit at policy expiration. http://www.mid.ms.gov/legal/bulletins/20202Bul.pdf | 12/24/20 MWCC Temporary Rule Provides for electronic communication via telemedicine services to workers' compensation patients from certain enumerated providers. 12/9/20 Bulletin 2020-18 The provisions of Bulletin 2020-1 regarding the use of telemedicine shall be extended and continue as long as the Governor's Emergency Proclamation of March 14, 2020 remains in effect. 9/17/20 Bulletin 2020-13 Extends the provisions of 2020-1 relating to the use of telemedicine to December 31, 2020. 6/25/20 Bulletin 2020-10 The provisions of Bulletin 2020-1 relating to the use of telemedicine are extended through September 30, 2020. 4/24/20 Bulletin 2020-9 The provisions of Bulletin 2020-1 related to the provision of services through telemedicine shall be extended through June 30, 2020. 3/24/20 Bulletin Regarding Telemedicine During the COVID-19 Crisis Mississippi has expanded its 2019 medical fee schedule rules to cover telemedicine services. The expansion lasts until June 30, 2020. 3/16/20 Bulletin 2020-1 Insurers are directed to adopt procedures that will encourage their policyholders to use telemedicine in an effort to reduce the virus' spread. The following limitations on the use of telemedicine are suspended: - Any limitation on the use of audio-only telephonic consultations; - Any requirement by a health insurance or employee benefit plan that limits coverage to health care providers in the plan's telemedicine network. It is intended that mental health services provided by telemedicine consultation be covered to the same extent that the services would be covered if they were provided through in-person consultation. - Any requirement by a health insurance or employee benefit plan that limits coverage to provider to provider consultations only. http://www.mid.ms.gov/legal/bulletins/20201bul.pdf | 9/30/20 MS 23404 Extends amendments the Workers Compensation Commission's practices related to the following topics through December 31, 2020, unless otherwise noted in the bulletin: - Buliding closure - Settlement procedures - Notarization of claimant's signature - Miss. Work. Comp. Comm. Rule 2.9 - Telemedicine - IME/EME Telemedicine 8/25/20 MS 23400 The Mississippi Workers' Compensation Commission has implemented several policies and procedures in response to the COVID-19 emergency. These policies, described in the bulletin, will remain in place until October 2, 2020. 6/25/20 Notice The Workers' Compensation Commission has extended several policies and procedures relating to the closure of the Commission's facilities, settlement procedures, claimant signature notarization requirements, and telemedicine, among others, until August 31, 2020. 4/14/20 Bulletin 2020-07 The Department will not conduct on-site examinations which violate government directives regarding public gatherings. To facilitate this change, the Department may request more information in electronic form. Independent auditors will most likely take a similar position, thus an extended due date may be provided for related filings. The Mississippi Insurance Department office in the Woolfolk Building in Jackson is closed to the public. http://www.mid.ms.gov/consumers/covid.aspx | 4/1/20 The insurance industry is considered an essential business and is exempt from the governor's stay at home order. 3/24/20 Executive Order No. 1463 Insurance companies are considered an essential business and are not subject to the governor's stay at home order https://www.sos.ms.gov/Education-Publications/ExecutiveOrders/1463.pdf | 7/8/20 SB 3049 Provides immunity to various entities for civil liability related to exposure to COVID-19. The bill is effective retroactively to March 14, 2020. 7/3/20 SB 3048 Provides immunity to individuals, businesses, and healthcare providers against COVID-19 related claims unless it is shown by clear and convincing evidence that the person acted with actual malice or engaged in willful or intentional misconduct. | ||||||||||
26 | Missouri | 5/7/20 Bulletin 20-10 The application of Bulletin 20-05 is extended to June 15, 2020. All insurers are strongly encouraged to extend grace periods until that date. 4/9/20 Bulletin C-20-1 Bulletin 20-05 Insurance carriers are advised to work with premium finance companies in the granting of grace periods to policyholders who have been unable to pay their premiums due to the COVID-19 pandemic. 3/21/20 Bulletin 20-05 The Department encourages insurers to provide a grace period to allow policyholders to keep their policies in force. https://insurance.mo.gov/laws/bulletin/documents/Coronavirus2Bulletinfinal.pdf | 1/14/21 Bulletin 21-01 P&C Insurers are requested to provide certain contact information detailed in the bulletin to the department. 3/21/20 Bulletin 20-05 The Department requires insurers to provide information about the steps they will take in response to Bulletin 20-05 with regard to provision of grace periods and how they will service the needs of policyholders. https://insurance.mo.gov/laws/bulletin/documents/Coronavirus2Bulletinfinal.pdf 3/3/20 Bulletin 20-03 Health carriers should make all necessary and useful information available on their websites and staff their nurse-help lines accordingly. The Department asks that health carriers provide information on the steps they are taking in response to this Bulletin. https://insurance.mo.gov/laws/bulletin/documents/Bulletin20-03.pdf | 6/15/20 The required grace period expired on June 15, 2020. 5/14/20 Insurance Bulletin 20-14 Extends the effective date of IB 20-06 to June 15 so as to allow insurers to continue to electronically file financial documents and to waive notarization requirements. 3/24/20 Insurance Bulletin 20-06 For all domestic insurance companies and HMOs, all annual statement supplemental filings due on April 1, 2020 will be considered officially filed with the Department when filed electronically with the NAIC. For 2020, any requirements to send signed hard copies of annual statement supplemental filings to the Department are optional. For all other filings normally filed via mail with the Division of Insurance Company Regulation, such filings should be made electronically with an electronic signature in lieu of a signed had copy while this bulletin is in effect. These filings should be sent by email to InsuranceSolvency@insurance.mo.gov to allow us to track filing dates accurately. Any documents sent via email to this address should be accompanied by a request for a read receipt. The date of the read receipt is considered the official filed date. Notarization of documents is not required while this bulletin is in effect; however any document that is normally required to be notarized should be signed by the appropriate individual, scanned, and submitted electronically as a .pdf document. This bulletin is effective until May 15, 2020 unless extended by the Director. https://insurance.mo.gov/laws/bulletin/documents/CompanyRegFilingsInsuranceBulletin20-06.pdf | 3/4/20 Insurance Bulletin 20-04 A number of key filing dates for health benefit plans that will be offered during 2021 are defined See the bulletin for information regarding the deadlines, available at the address below. https://insurance.mo.gov/laws/bulletin/documents/Bulletin20-04.pdf | 6/15/20 Insurance Bulletin 20-16 As of June 16, 2020, the Department will no longer accept applications for temporary resident insurance producer licenses. 4/13/20 Insurance Bulletin 20-09 The Director will begin issuing temporary resident insurance producer licenses for the following lines of business: Life, Variable Life and Variable Annuity, Accident and Health, PRoperty, Casualty, Personal Lines and Crop. The department will temporarily waive the licensing requirement of successfully passing an examination for these lines of business provided a currently licensed Missour insurance producer will sponsor the applicant. To apply for a temporary license, the department must receive a completed application, a completed temporary license questionnaire (attached to the bulletin) and a $100 nonrefundable license fee. Both the completed application and the temporary license questionnaire must be emailed to templicense@insurance.mo.gov. Upon receipt of the application and questionnaire, the department will provide a web link to applicants to use to send the electronic payment of the $100 nonrefundable license fee. Forms for Temporary Misouri Resident Insurance Producer License can be found at insurance.mo.gov/templicense. The temporary license will only be valid for 90 days after the initial date of issuance. | 12/9/20 Bulletin 2020-20 The bulletin corrects information contained in Bulletin 2020-19 with respect to the reference to a certain section of Form T-6A. 12/1/20 Bulletin 2020-19 The Department waives through March 31, 2021 the requirement that an on-site review be conducted by title insurers. The review may be conducted electronically to satisfy the on-site review obligation. 3/15/20 Executive Order 20-04 The Director of the Department of Commerce and Insurance is vested with authority to temporarily waive or suspend the operation of any statutory requirement or administrative rule under their purview, upon approval of the Office of the Governor, in order to best serve public health and safety during the period of the emergency and subsequent recovery period. https://www.sos.mo.gov/library/reference/orders/2020/eo4 3/3/20 Insurance Bulletin 2020-03 Health carriers are asked, where appropriate, to make expedited formulary exceptions if the insured is suffering from a health condition that may seriously jeopardize the insured’s health, life, or ability to regain maximum function or if the insured is undergoing a current course of treatment using a non-formulary prescription drug. https://insurance.mo.gov/laws/bulletin/documents/Bulletin20-03.pdf | 5/15/20 Bulletin 2020-15 Extends the applicability of Bulletin 20-07 through June 15, 2020. 3/26/20 Bulletin 20-07 Implements the requirements of Executive Order 20-04 with regard to the provision of services via telehealth. 3/18/20 Executive Order 20-04 The provisions of subsections 1 and 4 of section 334.108, section 191.1146, and 20 CSR 2220-020(11) relating to telemedicine and pharmacology for telemedicine are suspended. https://www.sos.mo.gov/library/reference/orders/2020/eo4 3/3/20 Insurance Bulletin 2020-03 Health carriers are asked to review and ensure their telehealth programs with participating providers are robust and will be able to meet any increased demand. https://insurance.mo.gov/laws/bulletin/documents/Bulletin20-03.pdf | 5/12/20 Bulletin 2020-11 The Department temporarily waives the requirement that title insurers conduct an onsite review of the underwriting, claims and escrow practices of title agencies or agents with which they have contracts. 3/24/20 Insurance Bulletin 20-05 The Department strongly encourages insurance companies to provide a grace period to allow policyholders to keep their policies in force. The Department also requires insurers to provide information about the steps they will take in response to the bulletin and how they will service the needs of policyholders. The bulletin is in effect until Executive Order 20-04 is terminated or May 15, 2020, whichever is later. | 4/3/20 Notice from Department of Health and Senior Services The Insurance industry is exempt from the Stay at Home Order | 6/17/20 Bulletin 2020-17 Provides guidance to health carriers interested in provideing premium relief programs to policyholders. 4/10/20 Insurance Bulletin 20-08 Insurers choosing to provide premium relief to insureds as a result of the COVID-19 emergency are strongly encouraged to submit SERFF filings in order to document such strategies. The issuance of this bulletin does not provide any prior approval or approval authority over such strategies. COVID-19 related strategies shall be filed for informational purposes only, unless a different disposition is required by statute or regulation. In order to expedite the response to policyholders, all filings related to COVID-19 related premium relief strategies shall be use and file. The Department strongly encourages timely filing of premium relief plans. The Bulletin provides information that insurers are "strongly encouraged" to include with their filing submission. | 3/3/20 Insurance Bulletin 20-03 The Department asks health carriers to waive any cost-sharing for COVID-19 lab tests, as well as for an in-network provider office visit and an in-network urgent care center visit when testing for COVID-19, as well as for an emergency room visit when testing for COVID-19. https://insurance.mo.gov/laws/bulletin/documents/Bulletin20-03.pdf | 3/3/20 Insurance Bulletin 2020-03 If a health carrier does not have a health care provider in its network with the appropriate training and experience to meet the particular health care needs of an insured, health carriers are asked to make exceptions to provide access to an out-of-network provider at the in-network cost-sharing. https://insurance.mo.gov/laws/bulletin/documents/Bulletin20-03.pdf | 4/22/20 Emergency Rule Creates a retroactive presumption that first responders with COVID-19 were infected during their emp 4/8/20 Emergency Rule 8 CSR 50-5.005 Creates a presumption of occupational disease for First Responders 3/3/20 Insurance Bulletin 2020-03 Health carriers should not use preauthorization requirements as a barrier to access necessary treatment for COVID-19, and health carriers should be prepared to expedite utilization review and appeal processes for services related to COVID-19, when medically appropriate. https://insurance.mo.gov/laws/bulletin/documents/Bulletin20-03.pdf | HB 2049 Provides immunity for health care providers from COVID-19 related liability. | |||||
27 | Montana | 3/26/20 Letter from the Commissioner The Commissioner recommends that insurers take a number of steps to assist consumers during the COVID-19 crisis, including providing flexible payment solutions, providing additional time to make payments, allowing grace periods to delay premium payments, suspending premium billing for small businesses such as restaurants that have been shut down, waiving insurance premium late fees and other fees, pausing cancellation of coverage for motorists due to temporary nonpayment and policy expiration, and streamlining administrative processes and paperwork. | 3/20/20 Front door, in-person service at the Departments office is closed until further notice. https://csimt.gov/covid-19-info/ | 4/9/20 Informational Bulletin Insurance companies that desire to issue refunds must comply with certain rate and form filing requirements provided by the bulletin. All filings must comply with filing standards. If an insurance company has already started to issue refunds, discounts or credits the company must file its rate and form filings in support of such refunds, discounts or credits asap, but no later than 10 days from the date of this Bulletin. All other proposed refunds, discounts or credits must first be filed and reviewed by the office before any funds, discounts or credits can be issued. | ||||||||||||||||
28 | Nebraska | 3/27/20
Notice If an insurer administers accommodations, such as relaxation of notice of loss requirements, premium payment provisions, and cancellation and non-renewal timeframes, on a consistent and fair basis, then the Department does not consider them to be violations of the Nebraska Unfair Trade Practices Act or the Unfair Claims Settlement PRactices Act or associated regulations. Amendatory filings and prior approvals for accommodation practices will not be required at this time, howver, an informational email to the appropriate department division is requested. | 7-2-20 Executive Order 20-30 All driver licenses, identification cards, commercial driver licenses, other conditional or provisional permits, handicap parking permits, vehicle titles and vehicle registrations that were temporarily extended under Executive Order 20-05 will be required to be obtained and paid by August 31, 2020. This order does not rescind the waiver for driver license renewals for Nebraskan residents who are 72 years of age or older that was granted by Executive Order 20-25. | 12/17/20 Nebraska has waived the proctor requirements for continuing education self-study online course exams until further notice. 9/30/20 Notice Extends the time period during which proctor requirements for self-study examinations are waived until December 31, 2020. 5/1/20 Notice Effective May 1, Prometric, the insurance producer licensing testing vendor for the Nebraska Department of Insurance will be reopening some of the insurance testing centers in the state. Virtual testing is also available. 3/31/20 Notice The Department will begin issuing temporary resident producer licenses. Applications and supplemental forms must be completed in paper format and mailed to the Department along with the appropriate fee. Temporary resident producer licenses are valid for 90 days. The applicant must submit a resident producer license application and a $50 fee. and the Applicant must complete the supplemental form. 3/23/20 All Prometric test center sites are closed until April 16. For resident licensees expiring in March or April, a 90-day extension for the producer's CE requirement can be granted. To request an extension, producers will need to email a request to doi.licensing@nebraska.gov. For education providers needing to change their classroom courses to a webinar, Nebraska will add a webinar option to any already approved classroom courses with an email request to doi.licensing@nebraska.gov. Nebraska will waive proctor requirements for self-study online courses until July 31, 2020. https://doi.nebraska.gov/sites/doi.nebraska.gov/files/doc/ProducerLicensingInformationCoronavirus.pdf | 3/19/20 Neither CMS nor Nebraska will take an enforcement action against an insurer if it amends its catastrophic policies to provide pre-deductible coverage for services associated with the diagnosis and/or treatment of COVID-19. https://doi.nebraska.gov/sites/doi.nebraska.gov/files/doc/CatastrophicPlanCoverageandCoronavirusDisease.pdf | 3/23/20 Health care providers are not required to obtain a patient's signature on a written agreement prior to providing telehealth services. Insurance claims for telehealth will not be denied solely on the basis of lack of a signed written statement. Health care practitioners need to comply with all other provisions of the Nebraska Telehealth Act and any other applicable law or regulation including, but not limited to, requirements to be licensed, registered, or certified to practice in Nebraska unless otherwise allowed under Executive Order. https://doi.nebraska.gov/sites/doi.nebraska.gov/files/doc/TelehealthWrittenStatementRequirementException.pdf | 3/27/20 Notice If an insurer administers accommodations, such as relaxation of notice of loss requirements, premium payment provisions, and cancellation and non-renewal timeframes, on a consistent and fair basis, then the Department does not consider them to be violations of the Nebraska Unfair Trade Practices Act or the Unfair Claims Settlement PRactices Act or associated regulations. Amendatory filings and prior approvals for accommodation practices will not be required at this time, howver, an informational email to the appropriate department division is requested. | 5/26/20 Executive Order 20-25 Extends for one year the expiration date of licenses for drivers 72 and older. | ||||||||||||
29 | Nevada | 3/30/20 Statement from the Division The Division encourages all P&C carriers to consider the following relief for Nevadans affected by the COVID-19 outbreak: - Providing an extended grace period before cancellation of coverage; - Providing flexibility with due dates for premiums; - Waiving late fees and penalties; - Payment plans for premiums to avoid a lapse in coverage; - Only cancel or non-renew if all other efforts are exhausted. The Division will also support the following measures in claims handling to ensure consumer protection measures aimed at reducing the spread of the COVID-19 virus. The Division requires notification from the carrier before the implementation of such practices in the state: - Virtual inspections of property; - Use of electronic means for conducting inspections or audits; - Increased use of electronic delivery methods for consumer notifications and interactions. | 6/16/20 Notice The Division will deny any new business insurance policies which contain exclusions of coverage that specifically mention COVID-19, viruses, or pandemics. | 6/1/20 Bulletin 20-002 Insurers must make all filings electronically, either with the NAIC, or through the DOI analyst assigned to them. Some filings, as detailed in the bulletin, may be permitted a 30 to 60 day extension upon request by the insurer, so long as the request is filed at least 10 days before the deadline. Electronic notarization is encouraged in lieu of hard copy notarization. | 3/27/20 Nevada is granting a blanket extension to all insurance companies by making unclaimed property holder reports due prior to June 1, 2020. | 7/27/20 Bulletin 20-003 The Commissioner has waived the limitation on the nuber of occasions within a six-month period that an employee or family member may consult with a mental health counselor through an Employee Assistance Program. The waiver will remain in place until the declaration of emergency expires. 3/5/20 Emergency Regulation Health insurers shall provide coverage for off-formulary prescription drugs if there is not a formulary drug available to treat the insured. http://doi.nv.gov/uploadedFiles/doinvgov/_public-documents/News-Notes/2020-03-05.DOI_Emergency_Regulations_re_COVID-19.pdf | 3/5/20 Emergency Regulation As soon as practicable, health insurers shall issue guidance to inform insureds and network providers about available benefits, options for medical advice and treatment through telehealth, and preventive measures related to COVID-19. http://doi.nv.gov/uploadedFiles/doinvgov/_public-documents/News-Notes/2020-03-05.DOI_Emergency_Regulations_re_COVID-19.pdf | 10/15/20 Notice 10-15-20 Division of Insurance hearings may proceed in a virtual format. Hearing requests shall be processed in the order in which they are received, and hearings that were continued shall be placed back on the calendar. Parties will receive notice of the time and date of their hearing along with virtual hearing access information. Due to COVID-19, the Division's offices in Carson City and Las Vegas are closed to walk in traffic, however the Division is still serving consumers. Consumers, licensees and the general public are encouraged to contact the Division for essential services via online, telephone and by email. http://doi.nv.gov/ | 3/31/20 Directive 010 The insurance company is still considered an essential licensed business and is not required to close by the stay at home order. 3/20/20 Directive 003 Insurance companies are not subject to the stay at home order but must adopt COVID-19 risk mitigation measures that reduce the risk of community disease spread. https://nvhealthresponse.nv.gov/wp-content/uploads/2020/03/2020-03-20.Declaration-of-Emergency-Directive-003-1.pdf | 5/19/20 Notice 5-19-20 Advises businesses that they should contact their insurer regarding possible premium relief if any of a number of common COVID-19 related circumstances apply to them. The Division encourages insurers to provide the listed premium relief measures with regard to workers compensation insurance 5/8/20 Notice 5-8-2020 The Division has approved filing B-1441 by the NCCI, which developed a new rule and a corresponding statistical code for reporting payroll and that excludes certain payroll from the calculation of workers' compensation premium. Workers' compensation insurers are encouraged to consider the impact on rates of any idling of workers by insured employers and insurers should, if requested by the insured employer, conduct an audit in order to determine whether the insured is entitled to any adjustment in premium due to the idling, furloughing, laying off, or other dismissal of workers. Insurers are encouraged to allow self-auditing, self-reporting, and/or virtual audits in lieu of physical audits to the extent that physical audits are impracticable. 4/20/20 Guidance All insurers considering providing consumer assistance by providing premium relief must make a filing with the Division regarding such relief. | 3/5/20 Emergency Regulation Health insurers shall not impose an out-of-pocket cost for a provider office, urgent care center, or emergency room visit when the purpose of the visit is to be tested for COVID-19, or for COVID-19 testing, and shall cover the costs of a COVID-19 immunization as one becomes available. | If there is an issue with accessing care through an in-network provider that would prolong testing for COVID-19, testing performed by an out-of-network provider must be covered by health insurers at no out-of-pocket cost. http://doi.nv.gov/uploadedFiles/doinvgov/_public-documents/News-Notes/FAQ_COVID19.pdf | 8/11/20 SB 4 Provides liability immunity for COVID-19 related claims for certain entities that comply with health standards. | |||||||
30 | New Hampshire | 10/06/20 Bulletin No. 20-072-AB Provides guidance for making third quarter filings for domestic and foreign insurers. 7/16/20 Bulletin Ins. 20-059-AB Domestic Companies may make their second quarter filings via email. The date of receipt will be the date of electronic filing. Foreign companies must continue to send their second quarter filings in accordance with NAIC guidance through the NAIC portal. | 4/16/20 Bulletin 20-26-AB The Department will accept electronic filings via email. For compliance purposes, the date of receipt will be the date of electronic filing. Insurers should follow up with hardcopy filings when normal business resumes after the state of emergency. Filings should be emailed to patricia.gosselin@ins.nh.gov. The hard copy, original signature, and related filing requirements are currently waived through the state of emergency. However, companies are expected to keep a list of all filings made electronically in lieu of hard copy filings so that they can file all the hard copies within 60 days after the state of emerency ends. | 4/16/20 Bulletin 20-26-AB The Department is providing flexibility for its licensees by adjusting financial regulatory requirements during the current administration with the understanding that the Department may request additional information to gather more details from companies and that insurance companies shall timely respond to such requests. The bulletin provides a number of amended filing deadlines. The Department may allow insurers an additional 30 days, for specific filings, to complete financial filing requirements. However, the Department must receive a request for an extension from an insurance company, and reserves the right to reject any company request based upon the financial conditiona nd unique circumstances of that company. The Department awaits approval from the AG's office and Governor Sununu to extend the CGAD annual disclosure deadline from June 1 to August 1, 2020. | 5/14/20 Bulletin 20-034-AB The Department has extended the deadline for all insurance producers whose original renewal deadline was on May 31, 2020. The new renewal deadline will be June 30, 2020. 3/30/20 Bulletin Docket No. 20-023-AB The Department has extended the deadline for March 31, 2020 and April 30, 2020 RSA 402-J license renewals by a period of two months. The Department will not take any regulatory action against any RSA 402-J producer in regard to license renewal issues so long as the producer seeks renewal prior to the expiration of the extended period. The Department will consider further extensions should events warrant them. | 10/08/20 Bulletin No. 20-073-AB The Department will not require insurers to perform an on-site audit of TPAs during the COVID-19 state of emergency. Instead, virtual audits will be sufficient. 3/24/20 Bulletin Docket No. 20-021-AB Title 37 laws do not require wet signatures. Producers and insurers are free to obtain electronic signatures. To the extent that obtaining an electronic signature is not practical considering the insurers' systems, the producer or insurer should document the need to obtain the signature and proceed to process the transaction. The Department expects that the producer or insurer will obtain the required signature after the COVID-19 emergency subsides. The Department will not take regulatory action in regard to the signature issue against any producer or insurer that follows this methodology. 3/23/20 The Department advises all P&C insurers to take appropriate precautions when auditing policies. If possible, insurers should try to leverage virtual audits for the completion of any audits. If an insurer is unable to complete audits within the 120-day time limit set forth in RSA 412:35 & 402:81 as a result of COVID-19, insurer's should document the file accordingly. The Department will not take regulatory action in regard to audits that cannot be completed within the 120-day time limit if the failure to complete the audit is the result of a documented COVID-19 concern. | 3/23/20 Emergency Order 15 In-state and out-of-state medical providers shall be allowed to perform health care services through the use of all modes of telehealth, including video and audio, audio-only, and/or other elctronic media to New Hampshire children enrolled withing a New Hampshire school or in a school in another state subject to certain conditions. https://www.governor.nh.gov/news-media/emergency-orders/documents/emergency-order-15.pdf 3/18/20 Emergency Order 8 All health insurers are required to allow all in-network providers to deliver clinically appropriate, medically necessary covered services to members via telehealth. This shall include reimbursement for all modes of telehealth, including video and audio, audio-only, or other electronic media provided by medical providers to treat all members for all medically necessary covered services beginning March 17 and shall remain in effect until rescinded, or until the State of Emergency is terminated. All carriers shall ensure that rates of payment to in-network providers for services delivered via telehalth are not lower than the rates of payment established by the Carrier for services delivered via traditional (i.e., in-person) methods, and shall notify providers for any instructions necessary to facilitate billing for such telehealth services. https://www.governor.nh.gov/news-media/emergency-orders/documents/emergency-order-8.pdf | 4/16/20 Bulletin 20-26-AB The Department will not conduct any on-site examination work that conflicts with the spirit of any public health directive. The Department may need to request more examination information in electronic form. | 4/10/20 Bulletin No. 20-025-AB Auto insurance companies implementing a payback or credit program to reflect reduced exposure to loss during the COVID-19 pandemic must submit a product filing with the Department. | 3/18/20 Emergency Order 8 All carriers shall cover, without any cost-sharing (i.e. copayments, deductibles, or coinsurance), medically necessary treatment delivered via telehealth related to COVID-19 by in-network providers. https://www.governor.nh.gov/news-media/emergency-orders/documents/emergency-order-8.pdf | 6/17/20 Emergency Order #53 Clarifies that "First Responder" includes any individual covered by the definition of "Emergency response/public safety" worker as set forth in RSA 281-A:2 V-C and any member of the New Hampshire National Guard ordered into active state service pursuant to RSA 110-B:6. 4/24/20 Emergency Order #36 Establishes a prima facie presumption that a First Responder's COVID-19 exposure and infection were occupationally related. The order remains in effect for the duration of the state of emergency. | |||||||||
31 | New Jersey | 4/15/20 Bulletin 2020-17 Insurers are required to provide a 90-day grace period to clients of insurance premium finance companies due to the disruption caused by COVID-19. 4/9/20 Executive Order No. 123 Establishesa 90-day grace period during the COVID-19 crisis. P&C insurers and premium finance companies must pay claims without regard to nonpayment of premium by the policyholder during this 90-day period. Insurers must not cancel or nonrenew a policyholder during the 90-day grace period. 3/19/20 Bulletin 20-04 The Department asks all insurers to consider payment plans to prevent policy cancellations or nonrenewals and consider extending time frames to complete inspections and undergo medical exams. https://www.state.nj.us/dobi/bulletins/blt20_04.pdf | 5/13/20 Order No. A20-3 Insurer groups with more than $20M in written premiums for 2019 for all property casualty lines combined must provide the Department data regarding New Jersey claim activity and New Jersey premium collection activity for certain periods provided in the Order. All insurer groups and the New Jersey Personal Automobile Insurance Plan and Commercial Auto Insurance Plan must provide the Department with a report containing all actions taken and contemplated future actions, to reduce premium in response to or consistent with Bulletin No. 20-22. 3/22/20 Bulletin No. 20-07 Carriers should disseminate information on their website, or other reasonable means, to notify individuals of updates to their telehealth policies. https://www.state.nj.us/dobi/bulletins/blt20_07.pdf 3/10/20 Bulletin No. 20-03 The Department requires carriers to devote resources to inform consumers of available benefits, quickly respond to consumer inquiries, and consider revisions needed to streamline responses and benefits for consumers. Carriers should prominently isplay on the carrier's public website a statement that the carrier is waiving cost-sharing for medically necessary screening and testing for COVID-19, as well as guidance to consumers on how to access care as described above. https://www.state.nj.us/dobi/bulletins/blt20_03.pdf | 6/30/20 Executive Order 159 Extends the following filing deadlines by 60 days: - CGAD - Form B Registration Statement Related Form C - Form F Risk Assessment Report Deadlines for the following filings are extended by 30 days: - Quarterly STatements for the periods ending March 31 and June 30 - Annual Excess Profit Report The Commissioner is provided an extra 90 days to review and/or disapprove the following filings: - Disclaimer of Affiliation - Notice of Declaration of Extraordinary Dividends - Form D - Rate Filings, including personal auto, expedited rate filings for homeowners, and annual rate changes for medical malpractice insurance - Commercial policy forms - Annual fraud plans. 5/12/20 Bulletin 2020-23 The Department has extended the deadline for filing a number of required reports, as detailed in the bulletin. | 9/11/20 Bulletin No. 20-32 In-person and remote examinations may be scheduled by candidates beginning on September 15, 2020 through PSI Services LLC's website. 8/10/20 Bulletin No. 20-29 All self-study courses that were or will be taken during the state of emergency do not need to include a monitored examination. 8/3/20 Bulletin 20-28 Provides guidelines for qualification of applicants and procedures for requesting a temporary producer license, electronic application procedures through NIPR, conditions related to sponsoring insurers for temporary producer licensees, and procedures for becoming fullly licensed. 5/1/20 Bulletin No. 20-20 Entities whose insurance producer licenses expire on May 31, 2020 are granted a three-month extension to August 31, 2020 for this licensing term only. Individuals whose insurance producer licenses expire on or between March 31, 2020 and June 30, 2020 are granted a three-month extension of their license term. With respect to self-study courses taken from March 9, 2020 through June 30, 2020, the Department is waiving the requirement that self-study continuing education courses culminate in a monitored examination of the material presented. The examination does not need to be monitored. 5/1/20 Bulletin No. 20-21 The Department is issuing temporary producer licenses to qualifying individuals according to the conditions provided in the bulletin. | 4/24/20 Bulletin No. 20-19 The Department has provided guidance to all automobile insurers that provide medical expense benefits under PIP coverage regarding the use of telemedicine and telehealth, including requirements to ensure telehealth network adequacy, procedural updates, and requirements related to reimbursement of providers. 3/22/20 Bulletin No. 20-07 The Department requires carriers to: - review their telemedicine and telehealth networks to ensure adequacy, as well as grant any requested in-plan exceptions for individuals to access out-of-network telehealth providers if network telehealth providers are not available, including, but not limited to, mental health and behavioral health providers, physical therapists, occupational therapists, and speech therapists, and any other health providers capable and authorized to provide telehealth or telemedicine services pursuant to State law or other State-issued guidance; - encourage their network providers to utilize telemedicine or telehealth services wherever possible and clinically appropriate in order to minimize exposure to provider staff and other patients to those who may have the COVID-19 virus; - update their policies to include reimbursement for telehealth services that are provided by a provider in any manner that is practicable, including, if appropriate, and clinically appropriate, by telephone; - This would include the use of telephone-only communications to establish a physician-patient relationship and the expanded use of telehealth for the diagnosis, treatment, ordering of tests, and prescribing for all conditions. Carriers are required to update telehealth policies to include telephoneonly services within the definition of telehealth; - Carriers may establish requirements for such telemedicine and/or telehealth services, including documentation and recordkeeping, but such requirements cannot be more restrictive than those for in-person services; - may not impose prior authorization requirements on medically-necessary treatment that is delivered via telemedicine or telehealth. https://www.state.nj.us/dobi/bulletins/blt20_07.pdf 3/10/20 Bulleting 20-03 Carriers are required to develop robust telehealth programs with their participating providers where appropriate, particularly for individuals who may have difficulty making an office visit and where a phone call with a medical professional can alleviate the need for a hospital visit. https://www.state.nj.us/dobi/bulletins/blt20_03.pdf | 3/9/20 Executive Order No. 103 The executive head of all agencies or instrumentalities of the state are empowered to promulgate rules to waive, suspend, or modify any existing rule, where the enforcement of which would be detrimental to the public welfare during this emergency, subject to the governor's approval and in consultation with the State Director of Emergency Management and the Commissioner of DOH. The Department of Insurance is authorized to take appropriate steps to address the public health hazard of COVID-19. https://nj.gov/infobank/eo/056murphy/pdf/EO-103.pdf | 3/21/20 Executive Order No. 107 The Governor has ordered all "non-essential retail businesses" to close to the public, specifically excluding "retail functions of banks and other financial institutions." It is not clear how this affects the operations of insurers. The order also requires all businesses remaining open to accommodate their workforce, wherever practicable, for telework and work-from-home arrangements. Businesses must make best efforts to reduce staff on site to the minimal number necessary to ensure essential operations can continue. | 5/12/20 Bulletin No. 20-22 The Department requires insurers to provide premium reductions for private passenger automobile insurance lines as well as for other lines of insurance. Insurers are ordered to make an initial premium refund or other adjustment to all adversely impacted New Jersey policyholders, and fore each month that the public health emergency is in effect, in several lines of insurance provided in the bulletin, as quickly as practicable, but in any event no later than June 15, 2020. Insurers may provide a premium credit, reduction, return of premium, dividend or other appropriate premium adjustment. Insurers may begin refunding premiums without prior approval by the Department if they apply a uniform premium reduction for all policyholders in an individual line of insurance. | 1/7/21 Bulletin 2021-1 Insurers shall not apply any cost sharing for qualifying coronavirus prentive services delivered by any in-network or out-of-network health care providers. 5/13/20 Bulletin 2020-24 The Department is requiring carriers to cover, without cost-sharing, without prior authorization or other medical management requirements, any SARS-COV-2 molecular test authorized pursuant to the DOH standing order, including any in or out-of-network community based, county testing, or private testing site. 3/10/20 Bulletin 20-03 Carriers must provide access to out-of-network services where appropriate and required at the in-network cost-sharing. In the event a vaccine becomes available, carriers are encouraged to cover the cost of immunization at no cost-sharing. The Department encourages all carriers that provide prescription drug coverage to provide coverage for prescription drugs to treat COVID-19 at a preferred level of cost-sharing to ensrue that all available medically necessary drugs are available to patients. https://www.state.nj.us/dobi/bulletins/blt20_03.pdf | 5/13/20
Bulletin 2020-24 The Department is requiring carriers to cover, without cost-sharing, without prior authorization or other medical management requirements, any SARS-COV-2 molecular test authorized pursuant to the DOH standing order, including any in or out-of-network community based, county testing, or private testing site. 3/10/20 Bulletin 20-03 Carriers should ensure that their provider networks are adequately prepared to handle a potential increase in the need for health care services, carriers must provide access to out-of-network services where appropriate and required at the in-network cost-sharing. https://www.state.nj.us/dobi/bulletins/blt20_03.pdf | 5/13/20
Bulletin 2020-24 The Department is requiring carriers to cover, without cost-sharing, without prior authorization or other medical management requirements, any SARS-COV-2 molecular test authorized pursuant to the DOH standing order, including any in or out-of-network community based, county testing, or private testing site. 3/10/20 Bulletin 20-03 Carriers should not use preauthorization requirements as a barrier to access necessary treatment for COVID-19 and should be prepared to expedite the utilization management and appeal processes for services related to COVID-19 when medically appropriate. https://www.state.nj.us/dobi/bulletins/blt20_03.pdf | 9/15/20 SB 2380 Provides a rebuttable presumption that health care workers, public safety workers, and other essential employees COVID-19 infections are work-related. The bill is retroactively effective to March 9, 2020. 4/14/20 AB 3901 Permits the Director of the Division of Consumer Affairs to reactivate inactive or retiree licenses during the current state of emergency. The bill is retroactive to April 1, 2020. | 3/13/20 A-3844 The bill would retroactively require insurance policies to cover pandemics under business interruption insurance, regardless of policy provisions to the contrary. | ||||||
32 | New Mexico | 8/4 20 Bulletin 2020-016 The OSI requires health insurers licensed in the state to remove cost barriers to COVID-19 testing and treatment by waiving any associated cost sharing. Carriers are also reminded of the OSI request that they refrain from cancelling or non-renewing policies of businesses and individuals negatively impacted by the COVID-19 disruption due to the non-payment of premium, or at a minimu, provided extended grace periods for payment of premiums. 4/6/20 Executive Order 2020-022 All executive orders with a duration tied to the duration of the COVID-19 emergency are extended through April 30, 2020. 3/21/2020 Bulletin 2020-006 NM asks companies to refrain from cancelling or non-renewing policies of individuals and businesses affected by COVID-19 due to the non-payment of premiums https://www.osi.state.nm.us/wp-content/uploads/2020/01/Bulletin2020-001.pdf | 12/4/20 Bulletin 2020-023 Imposes a moratorium on the filing of COVID-19 endorsements for commercial insurance until the end of the 2021 legislative session. Previously-approved commercial insurance forms will be permitted in New Mexico, but pending commercial insurance form filings that include COVID-19 changes will be withdrawn by OSI. 3/13/20 Insurers are required to notify members whether and to what extent policies cover testing and health care services related to COVID-19. If an insurer only offers limited coverage, it must notify its members of available full coverage options. Limited benefit plans (such as workers' comp) must provide notice to members that their plans do not provide comprehensive medical coverage and give members information on where they should go to check on their eligibility to apply for and obtain such coverage. https://www.osi.state.nm.us/wp-content/uploads/2020/03/Governor-Press-Release.pdf | 5/14/20
Bulletin 200-012 All Independent Adjuster or Public Adjuster licensees, renewal applicants, and first-time applicants are required to use the new Surety Bond Form to meet the requirements of section 59A-13-5, NMSA. | 3/20/20 Insurers are expected to reimburse providers for telephone and video patient visits until the end of the COVID-19 emergency. Health care providers who consult with patients via telephone or computer video must be paid the same rate as if they'd seen the patient in person. https://www.osi.state.nm.us/wp-content/uploads/2020/03/Gov-telemed-PRESS-RELEASE.pdf | 4/21/20 Bulletin 2020-010 The OSI has adopted new protocols and procedures for distributing directives related to the COVID-19 emergency. Each New Mexico authorized insurer must designate at least one individual, position, or department to serve as its Regulatory Compliance / Government Relations contact. The contact person(s) will receive broadly disseminated directives from OSI concerning regulatory matters. Within one week of the publication of this bulletin, each such contact must subscribe to the "Regulatory Compliance / Government Relations" newsletter through the OSI subscription page located at https://newsletter.osi.state.nm.us. A directive will be deemed received by an insurer as of the date and time it is distributed through the newsletter, even if the contact person is missing, inaccurate or out-of-date. It is critical that insurers keep their contact information in the newsletter current. | 3/26/20 Bulletin 2020-007 Insurance companies are deemed an essential business and are not required to close, provided that they minimize their operations and staff to the greatest extent possible. The bulletin provides a number of additional guidelines for insurer operations. 3/24/20 Public Health Emergency Order Closing All Businesses Except those Deemed Essential Insurance providers are deemed an essential business, and their employees are not subject to the stay at home order, "provided they minimize their operations and staff to the greatest extent possible, adhere to social distancing protocol and maintain at least six-foot social distancing from other individuals, avoid person-to-person contact, and direct employees to wash their hands frequently." Further, essential businesses must ensure that all surfaces are cleaned routinely." https://www.governor.state.nm.us/wp-content/uploads/2020/03/COVID-19-DOH-Order-fv.pdf | 5/7/20 Notice The Superintendent ordered insurers to determine if rates and premiums should be reduced. The Order requires insurers to return excess premiums to impacted policyholders by check or ACH deposit or by issuing a credit to the policyholder against premium due for the amount of the adjustment. 4/29/20 Bulletin 2020-011 The Superintendent expects insurers to work with commercial policyholders that have reduced operations due to the COVID-19 outbreak. For policies calculated using an auditable exposure, such as payroll or sales, which may have changed as a result of the COVID-19 outbreak, the Superintendent encourages insurers to employ midterm premium audits if requested by policyholders, consider any reduced risk, allow policyholders to self-audit and report changes in the auditable exposure, and make such adjustments and take such actions as are necessary to reduce premiums appropriately given the new business realities. 4/21/20 Notice and Order Every insurer shall, within 21 days of the date of this order, determine, through the application of sound actuarial principals, whether the rates and premiums for New Mexico auto insurance policies in effect on or after March 23, 2020 are excessive considering the COVID-19 related automobile usage reductions experienced in New Mexico. This directive does not apply (1) to auto insurance products for which premiums are charged on a pay-as-you-go or pay-by-mile basis or (2) to limited duration auto insurance (of 30 days or less), or (3) to policies subject to contractual usage rate adjustments. Every insurer who determines that its rates are excessive shall submit a filing to OSI through SERFF that conforms to certain requirements provided in the Order. The filing shall be deemed approved and usable upon submission, but subject to subsequent disapproval upon a substantive review by OSI. Any insurer who voluntarily adjusted a premium prior to the effective date of this Order shall submit a filing to OSI as described above. Insurers are prohibited from making the premium adjustment in the form of a credit that will apply to a renewal policy, or contingent upon renewal of a policy. This Order may be extended and if it is, insurers shall make additional premium adjustments through the extension date and submit the required filing through SERFF. | 3/13/20 Insurers are prohibited from imposing cost sharing for testing and health care services related to COVID-19. The rule also covers pneumonia, influenza, or any disease or condition that is the subject of a public health emergency. https://www.osi.state.nm.us/wp-content/uploads/2020/03/Governor-Press-Release.pdf | 12/4/20 Notice Medical malpractice insurers under the Patient's Compensation Fund are prohibited from denying coverage or limiting claims against health care providers in connection with COVID-19. 4/23/20 Executive Order 2020-025 The governor encourages all insurers to adopt a presumption of eligibility for workers' compensation coverage for all employees and eligible volunteers who contract COVID-19 within two weeks of providing direct assistance or care to COVID-19 patients, or within two weeks of working in any capacity inside a facility that provides direct assistance, care or housing to COVID-19 patients. | ||||||||||
33 | New York | 7/6/20 Executive Order 202.48 The moratorium on cancellations / nonrenewals expired on July 6, 2020. 6/28/20 Insurance Regulation 216 Implements the governor's executive order relating to a moratorium on cancellations of policies. The rule clarifies that policyholders demonstrating financial hardship are eligible for only one 60 day grace period. 6/6/20 Executive Order No. 202.38 The state of emergency is extended until July 6, 2020, which extends the moratorium on cancellations and nonrenewals to the same date. 5/7/20 Executive Order 202.28 Extends the moratorium on cancellations and nonrenewas until June 6th. 3/30/20 All Workers' compensation, Disability Benefits and Paid Family Leave benefits insurance carriers are directed to cease canceling, non-renewing, or conditionally renewing any insurance policy for a period of 60 days for any policyholder and or certificate holder is facing financial hardship as a result of the COVID-19 pandemic. 3/29/20 Executive Order 202.13 A moratorium is imposed on insurers canceling, nonrenewing, or conditionally renewing insurance policies for 60 days. The Executive Order remains in effect until April 28, 2020. 3/19/20 Insurance Circular Letter No. 7 Regulated entities are urged not to cancel or nonrenew policies due to non-payment of premium https://www.dfs.ny.gov/industry_guidance/circular_letters/cl2020_07 | 5/13/20 Section 308 Letter All property casualty insurers are required to provide the Department with information regarding commercial liability insurance written in New York and details regarding exclusions or conditions applicable to coverage, as provided in more detail in the letter. Responses are due May 21, 2020. 3/10/20 Industry Letter DFS requires that each regulated institution submit a response to DFS describing the institution's plan of preparedness to manage the risk of disruption to its services and operations. Responses are to be provided to DFS as soon as possible and in no event later than 30 days from the date of this letter. Please submit your responses to the following designated email address: banking.covid19@dfs.ny.gov. DFS also requries each regulated institution to submit a response to the same address regaring its plan for managing the potential financial risk arising from COVID-19. Responses are to be provided no later than 30 ays from the date of this letter. https://www.dfs.ny.gov/industry_guidance/industry_letters/il20200310_risk_coronavirus https://www.dfs.ny.gov/industry_guidance/industry_letters/il20200310_financial_risk_coronavirus | 11 NYCRR Part 6 (Insurance Regulation 195) Filers are required to make certain filings or submissions electronically. Filers are allowed to apply to the Superintendent for an exemption from kaing a filing or submission electronically by submitting a written request to the Superintendent at least 30 days before the filier must submit the particular filing. | 11/18/20 Notice The Workers Compensation Borard has temporarily suspended the January 1, 2021 deadline for prescription refill compliance due to the COVID-19 pandemic. A new deadline will be announced soon. That deadline will likely be set for some time in Spring 2021, according to the Notice. 3/19/20 Entities regulated by the NY DFS do not have to submit their Certification of Compliance related to cybersecurity until June 1, 2020 (rather than April 15). https://www.dfs.ny.gov/industry_guidance/cybersecurity | 11/2/20 Circular Letter 2020-9 (Supplement) (#4) The DFS has elminated the requirement that a monitor be present when an insurance producer takes any exam at the conclusion of either a continuing education or prelicensing course. This change does not modify the requirement to take an exam at the conclusion of a self-study CLE course or online prelicensing cours. 8/6/20 Supplement No. 3 to Insurance Circular Letter No. 9 The Department has extended the suspension of the requirement that a monitor be present during producer continuing education and pre-licensing exams through November 5, 2020. 7/2/20 Supplement No. 2 to Insurance Circular Letter No. 9 Extends the relief provided in Insurance Circular Letter No. 9 for an additional 30 days, through August 7, 2020. As of that date, all licenses that would have expired but for this extension will automatically expire unless the producer has submitted a license renewal application, including completion of all necessary continuing education credits, before that date. 5/21/20 Supplement No. 1 to Insurance Circular Letter No. 9 Extends the relief provided in Insurance Circular Letter No. 9 for an additional 45 days through July 8, 2020. 3/25/20 Insurance Circular Letter No. 9 DFS has suspended the expiration of licenses for all individual producers for the next 60 days and waived any late fees resulting from, and accruing during, this suspension period. At the end of this 60-day period, all licenses that would have expired but for this circular letter will automatically expire unless the producer has submitted a license renewal application, including completion of all necessary continuing education credits, before that date. Furthermore, DFS will suspend the requirement that a monitor be present to complete producer continuing education and pre-licensing course exams online during this 60-day period. Except as provided in this circular letter, all licensing requirements, including those relating to continuing education, will continue to apply. https://www.dfs.ny.gov/industry_guidance/circular_letters/cl2020_09 | 11/18/20
Notice The Workers Compensation Borard has temporarily suspended the January 1, 2021 deadline for prescription refill compliance due to the COVID-19 pandemic. A new deadline will be announced soon. That deadline will likely be set for some time in Spring 2021, according to the Notice. 4/8/20 Notice The Workers' Compensation Board has extended the deadline by which all health care providers must obtain prior authoriation for renewals of non-formulary medications from June 5, 2020 to January 1, 2021. 4/7/20 Guidance for the duration of the current state of emergency, Insurers may comply with the Notice Obligations by emailing the notices to the consumers for which the Insurers have email addresses, regardless of whether the consumers have consented to receiving this notice via email. Model notices, designed for Insurers to use in meeting the Notice Obligations, can be found at the Department's website. Insurers with websites should post the information on their websites as soon as possible. The Department also encourages supplemental dissemination of the content of the Notice Obligations by other means, including social media. Finally, Insurers should maintain records of their communications with consumers, electronic or otherwise, used to satisfy the Notice Obligations for a period of time sufficient to satisfy the recordkeeping requirements in the New York Insurance Law and regulations promulgated thereunder and any other applicable law or regulations. 3/21/20 The New York Workers' Compensation Board suspends the requirement for original handwritten signatures on the specified forms which require the signatures of claimants, attorneys, payers, and administrators during the COVID-19 emergency. http://www.wcb.ny.gov/content/main/TheBoard/COVID-19-signature-requirements.jsp 3/7/20 Executive Order No. 202 All statutes, local laws, ordinances, orders, rules, or regulations or parts thereof of any agency are suspended if they prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster. https://www.governor.ny.gov/news/no-202-declaring-disaster-emergency-state-new-york 3/3/20 Insurance Circular Letter No. 3 Insurance Law s. 3242(b) and s. 4329(b) and 45 CFR s. 156.122(c) require issuers that cover prescription drugs to provide access to non-formulary prescription drugs through a standard and expedited formulary exceptions process. https://www.dfs.ny.gov/industry_guidance/circular_letters/cl2020_03 | 10/19/20 Emergency Rule The Workers' Compensation Bureau has adopted emergency rules to allow telemedicine in certain circumstances for 90 days from October 19, 2020. 7/21/20 The Workers Compensation Bureau has adopted an emergency rule to allow telemedicine in certain situations as a result of the COVID-19 pandemic 5/6/20 Emergency Rule Allows telemedicine in somce circumstances for social distancing purposes due to the outbreak of COVID-19. 3/15/20 Insurance Circular Letter No. 6 During the COVID-19 emergency, electronic informationa nd communication technologies include telephonic or video modalities (including technology commonly avaialable on smart phones and other devices) when medically appropriate to deliver health care services for the assessment, diagnosis, consultation, treatment, care management, and self-manaement of a patient and if all other requirements for a covered health care service are met. Issuers are reminded that all services delivered via telehealth must be performed on dedicated secure transmission linkages taht meet minimum federal and state requirements. Transmissions must employ acceptable authentication and identification procedures by both the sender and the receiver. https://www.dfs.ny.gov/industry_guidance/circular_letters/cl2020_06 3/7/20 Executive Order No. 202 Section 596 of Title 14 of the NYCRR is suspended to the extent necessary to allow for rapid approval of the use of the telemental health services, including the requirements for in-person initial assessment prior to the delivery of telemental health services, requirements for who must be present while telemental health services are delivered, and a recipient's right to refuse telemental health services. https://www.governor.ny.gov/news/no-202-declaring-disaster-emergency-state-new-york | 4/1/20 The New York workers' compensation bureau has issued a notice providing updates to various processes in order to ensure timely continuity of the workers' compensation system. | 3/20/20 Executive Order 202.8 The EO tolls any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other proceeding as of March 20 through April 18, 2020. | 12/16/20 Circular Letter 2020-16 Issuers must be prepared to implement coverage of COVID-19 immunizations as soon as they become available, regardless of whether in-network or out-of-network. 11/16/20 Emergency Rule The Workers Compensation Bureau has adopted an emergency rule to allow for reimbursement for COVID-19 tests under certain enumerated circumstances. The emergency rule remains in effect for 90 days from November 16, 2020. 8/18/20 The Workers Compensation Board has adopted an emergency rule to allow reimbursement for COVID-19 testing when there is a claim for workers' compensation benefits due to workplace exposure to COVID-19. 5/22/20 Circular Letter 2020-12 Issuers are reminded that diagnostic testing, including laboratory tests, is an essential health benefit, and as such, must be covered under individual and small grup comprehensive health insurance policies and contracts. In addition, issuers are reminded that the imposition of copayments, coinsurance, or annual deductibles for COVID-19 infection and antibody testing are prohibited, regardless of whether the testing is performed in-network or out-of-network. 3/13/20 Emergency Insurance Regulation 62 No policy of insurance shall impose cost-sharing for: - in-network lab tests to diagnose COVID-19; or - visits to diagnose the COVID-19 at designated locations. An insurer shall provide written notification to its in-network provider that they shall not collect any cost-sharing in accordance with this subdivision. https://www.dfs.ny.gov/system/files/documents/2020/03/re62_a57_text.pdf 3/3/20 Insurance Circular Letter No. 3 The Superintendent advises issuers that they should waive any cost-sharing for COVID-19 lab tests, in-network provider office visits, and in-network urgent care center visits when testing for COVID-19, and emergency room visits when testing for COVID-19. https://www.dfs.ny.gov/industry_guidance/circular_letters/cl2020_03 | 5/22/20
Circular Letter 2020-12 Issuers are reminded that diagnostic testing, including laboratory tests, is an essential health benefit, and as such, must be covered under individual and small grup comprehensive health insurance policies and contracts. In addition, issuers are reminded that the imposition of copayments, coinsurance, or annual deductibles for COVID-19 infection and antibody testing are prohibited, regardless of whether the testing is performed in-network or out-of-network. 3/3/20 Insurance Circular Letter No. 3 If an issuer does not have a health care provider in its network with the appropriate training and experience to meet the particular health care needs of an insured, the issuer must provide access to an out-of-network provider at the in-network cost-sharing. https://www.dfs.ny.gov/industry_guidance/circular_letters/cl2020_03 | 12/23/20 Circular Letter 2020-17 Suspends certain utilization review and notification requirements under the surge and flex protocol during the COVID-19 emergency. 6/26/20 Circular Letter 2020-8 (Supplement)(#2) Advises insurers and other entities that preauthorization and concurrent and retrospective review have been permitted to resume as of June 19, 2020, with a period of transition for preautorization reviews as specified in the bulletin. Insurers are directed to expeditiously resolve and pay hospital claims and work with participating hospitals to assist with cash flow issues. 5/18/20 Emergency Rule Allsows reimbursement for COVID-19 testing when there is a claim for workers' comp benefits due to workplace exposure to COVID-19. The rule is effective for 90 days. 5/1/20 CIRB Notice The Compensation Insurance Rating Board has approved amendments to the Rating Board's NY Workers' Compensation and Employers' Liability Manual and the New York Experience Rating Plan. One establishes new classification codes 8873, for Telecommuter Reassigned Employees, and 8871, for Telecommuter Clerical Employees. Experience Rating Plan Rule I(c)(4)(a)(iv) requires that claims with a diagnosis of COVID-19 an an accidate on or after December 1, 2019, are to be excluded from the experience rating calculations of individual employers. 3/20/20 Insurance Circular Letter No. 8 Issuers should suspend preauthorization review for scheduled surgeries or admissions at hospitals for 90 days from the date of this letter, subject to further evaluationa s the COVID-19 situation develops. Issuers should also suspend concurrent review for inpatient hospital services provided for 90 days from the date of this letter, subject to further review as the COVID-19 situation develops. Issuers may retrospectively review these services upon the resumption of retrospective review. The letter advises issuers to suspend preauthorization review for a number of additional situations. https://www.dfs.ny.gov/industry_guidance/circular_letters/cl2020_08 3/3/20 Insurance Circular Letter No. 3 Issuers should not use preauthorization requirements as a barrier to access necessary treatment for COVID-19, and issuers should be prepared to expedite utilization review and appeal processes for services related to COVID-19 when medically appropriate. https://www.dfs.ny.gov/industry_guidance/circular_letters/cl2020_03 | 4/6/20 Update to Circular Letter No. 5 The Department has extended the deadline for insurers to respond to Insurance Circular Letter No. 5 to April 17, 2020. 3/10/20 Circulater Letter No. 5 (2020) The DFS requests all regulated entities submit confirmation of their business continuity plan to manage any disruption due to COVID-19 within 30 days or sooner. Regulated entities should submit descriptions of their plans of preparedness to manage the risk of disruption to operations and plans to assess and monitor the financial risk that may arise from COVID-19. | 8/3/20 SB 8835 Limits the immunity granted in the 2020-21 state budget to health care professionals providing diagnosis and treatment of COVID-19 to COVID-19 patients. The budget previously provided immunity to health care facilities and practitioners that treated or arranged for the treatment of COVID-19 patients as well as any individual that sought health care services during the COVID-19 emergency declaration. | AB 10172 SB 8041-A Amends the volunteer firefighter's benefit law and the volunteer ambulance workers benefit law in relation to COVID-19 exposure during the state of emergency SB 8117 Amends the General Municipal Law, to provide a presumption of coverage for injuries caused by COVID-19 for employees who participated in essential services during the outbreak 3/27/20 AB No. A10226 Provides that an insurance policy's business interruption provisions include coverage during a period of a declared state of emergency due to the COVID-19 pandemic. | ||||
34 | North Carolina | 5/27/20
The mandatory grace periods for nonpayment of premium and moratoria on cancellations expired. 4/21/20 Bulletin No. 20-B-07 The Commissiner has extended the order that provided for an automatic stay of proof of loss requirements, and premium and debt deferrals that had been issued on March 27, 2020. The Extended Order will expire 30 days from the effective date of April 27, 2020. Insurers shall allow consumers, whose requests may have been impacted by the COVID-19 disaster, additional time for their requests to be received and reviewed. 3/25/20 The Commissioner asks the state's insurers to be flexible with consumers during the COVID-19 emergency. Insurers ares asked to consider relaxing due dates for premium payments, extending grace periods, waiving late fees and penalties, allowing payment plans for premium payments to otherwise avoid a lapse in coverage, and considering cancellation or nonrenewal of policies only after exhausting other efforts to work with policyholders to continue coverage.. j | 3/12/20 Bulletin Number 20-B-05 Insurers should make all necessary and useful information available on their websites and staff their nurse-help lines accordingly. The Department may request that insurers provide information on the steps they are taking in response to this advisory. https://files.nc.gov/doi/documents/legislative-services/20-b-05-guidance-for-insurers-regarding-coverage-and-cost-sharing-requirements-related-to-covid-19-public-health-emergency.pdf | 3/27/20 Bulletin 20-B-06 Proof of loss requirements and premium and debt deferrals for all North Carolinians are stayed per the provisions of section 58-2-46 of the NCGS. | 4/17/20 Letter regarding Temporary Licensing The Department Agent Services Division has devised a temporary licensing solution that imposes several requirements on license applicants more fully described in the letter, available at the link below. https://files.nc.gov/doi/documents/agent-services/temporary-licensing-with-pearson-vue-initiatives.pdf 4/3/20 Letter regarding Licensing of Producers and Adjusters NCDOI is unable to issue temporary licenses or add new lines of authority to existing licensees at this time. The Agent Services Division cannot waive the statutory requirement for fingerprinting of new applicants. Pearson VUE testing centers are closed. ASD has been advised that the testing centers will remain closed until at least April 15, 2020. All N.C. licensed insurance producers and adjusters whose CE compliance period expires in March, April, or May 2020 will be granted an extension through June 30, 2020 in order to meet the state mandated CE requirements. All insurance CE courses previously approved for classroom delivery by licensed CE providers can be offered via webinar without requiring the insurance CE provider to refile the courses for a different presentation method with Prometric. Currently, the Department is not allowing an adjuster who does not hold a license in North Carolina to perform emergency insurance adjustment work. NCDOI will continue to monitor this situation. | 3/12/05 Bulletin Number 20-B-05 Insurers are requested, where appropriate, to make expedited formulary exceptions if an insured diagnosed with COVID-19 is suffering from a health condition that may seriously jeopardize the insured’s health, life, or ability to regain maximum function or if the insured is undergoing a current course of treatment using a non-formulary prescription drug that is intended to lessen symptoms or the duration of the virus. Insurers are also encouraged to make expedited formulary exceptions if there is a shortage of a formulary drug. https://files.nc.gov/doi/documents/legislative-services/20-b-05-guidance-for-insurers-regarding-coverage-and-cost-sharing-requirements-related-to-covid-19-public-health-emergency.pdf | 3/12/20 Bulletin Number 20-B-05 Insurers are reminded to review provisions in current policies regarding the delivery of health care services via telehealth and ensure their telehealth programs with participating providers are robust and will be able to meet any increased demand. https://files.nc.gov/doi/documents/legislative-services/20-b-05-guidance-for-insurers-regarding-coverage-and-cost-sharing-requirements-related-to-covid-19-public-health-emergency.pdf | 9/15/20 Temporary Amendment Provides for attendance at workers' compensation mediation settlement conferences via remote technology. 8/31/20 Executive Order 161 Extends for 60 days the authorization to hold remote shareholder meetings, as originally granted in Executive Order 149. | 4/23/20 Advisory Benefits shared with drivers due to fewer drivers on the road should not be expensed. Companies may submit product filings with the Department for approval as optional enhancements or rate deviations to provide benefits to their policyholders. In addition, companies may offer a dividend, which does not require a filing with the Deparment. Companies may also offer a monetary benefit under a "savings" option. If a company has experienced a savings, it may share taht savings with policyholders subject to guidelines provided in the Advisory. 4/14/20 Guidance If an insurance company plans to offer a consumer benefit as a policyholder dividend, savings, or unabsorbed premium deposit, then no product filing is required. If that option is not selected, then insurance companies who plan to offer a COVID-19 policyholder benefit may submit as an Optional Enhancement Form filing under s 58-36-43. This applies whether the insurer plans to offer the benefit to its auto or residential property policyholders. If neither of the above options are selected, the company may file as a rate deviation under s. 58-36-30. Filing instructions are located on the Department's website. Please be aware that NCDOI will not accept any language that refers to the policyholder benefit as a "payback," "giveback," "refund," "return of premium," or any other nomenclature that hints of a rebate as defined under s. 58-33-85. | 3/10/20 Executive Order No. 116 The Department of Insurance is directed to work with health insurance plans to identify any burdens for testing for COVID-19 as well as access to prescription drugs and telehealth services, as needed, in order to reduce cost-sharing to zero for all medically necessary screening and testing for COVID-19. https://files.nc.gov/governor/documents/files/EO116-SOE-COVID-19.pdf | 3/12/20 Bulletin Number 20-B-05 No insurer shall penalize an insured or subject an insured to the out-of-network benefit levels offered under the insured’s approved health benefit plan, including an insured receiving an extended or standing referral under N.C. Gen. Stat. § 58-3-223, unless contracting health care providers able to meet health needs of the insured are reasonably available to the insured without unreasonable delay. https://files.nc.gov/doi/documents/legislative-services/20-b-05-guidance-for-insurers-regarding-coverage-and-cost-sharing-requirements-related-to-covid-19-public-health-emergency.pdf | 4/21/20 Extended Order The deferral of premium and debt payments required under s. 58-2-46(2) will apply to all payments coming due under this Extended Order, including payments previously deferred under the Order of March 27, 2020, as amended March 30, 2020. The March 30 Amended Order expires on April 26, 2020, and this Extended Order immediately goes into aeffect at 12:01 a.m. on April 27, 2020. This Extended Order will expire on May 27, 2020. 3/30/20 Amended Order The Commissioner has invoked s. 58-2-46(1) - (3) which provides for a state of disaster automatic stay of proof of loss requirements, premium and debt deferrals. The order expires on April 26, 2020. 3/12/20 Bulletin Number 20-B-05 The Department requests insurers waive prior authorization for COVID-19 diagnostic tests and covered services that are medically necessary and consistent with Centers for Disease Control and Prevention (CDC) guidance for insureds if diagnosed with COVID19. Insurers are also requested to cover medically necessary diagnostic tests that are consistent with CDC guidelines related to COVID-19 at no cost to the insured. https://files.nc.gov/doi/documents/legislative-services/20-b-05-guidance-for-insurers-regarding-coverage-and-cost-sharing-requirements-related-to-covid-19-public-health-emergency.pdf | 7/20/20 HB 118 Provides immunity from liability for COVID-19 related claims, unless it is shown that the person acted with gross negligence, willful or wanton conduct, or engaged in intentional wrongdoing. Provides notice requirements for claims brought against sole proprietors based on premises liability related to a COVID-19 claim. 5/4/20 SB 704 Provides immunity from liability for certain healthcare facilities and businesses and provides guidelines for emergency video notarization. Extends driver's license and registration expiration deadlines and allows pharmacists to administer a COVID-19 vaccine once its developed. | 5/2/20 H 1057 Provides a rebuttable presumption that a first responder or employee of an essential business that contracts COVID-19 did so in the course of employment. 5/1/20 HB 1056 Provides a rebuttable presumption that certain government employees and health care workers that contract COVID-19 did so in the course of their employment. | ||||||
35 | North Dakota | 3/30/20 Bulletin 2020-8 The Department urges all North Dakota insurers and all other persons licensed and authorized to transact insurance in North Dakota to provide flexibility and relief from certain insurance requirements to those impacted by COVID-19, including extension of premium payment deadlines, grace periods, additional time before nonrenewals or cancellations become effective, and other methods of relief. | 3/11/20 Bulletin 2020-1 Health carriers should make all necessary and useful information available on their website and staff their nurse-help lines accordingly. https://www.nd.gov/ndins/sites/www/files/documents/Bulletins/2020/Bulletin%202020-1%20COVID-19%20Testing.pdf | 6/23/20 Executive Order 2020-36 Extends the validity of drivers' licenses which expired after March 1, 2020. | 4/22/20 Bulletin 2020-9 Producers and consultants whose license expires on April 30, 2020 are not required to provide the Insurance Department with a request for extenion and are granted a CE reporting extension to May 31, 2020. CE reporting is not waived, but merely extended. The producer license renewal deadline remains April 30, 2020. Producers who have not met the CE requirements by April 30, 2020 will stil need to submit their application electronically through NIPR. | 11/13/20 Bulletin 2020-11 The Department recommends that insurance carriers issuing major medical plans ans Short Term Limited Duration plans in the group and individual markets waive preauthorization / precertification requirements for in-state post-acute/alternate care service requests for transfer from acute care hospitals. The Bulletin expires on December 31, 2020, unless extended by the Commissioner. 3/21/20 Executive Order 2020-09 Licensed pharmacists are authorized to provde emergency refills for maintenance medications in quantities of up to a 30 day supply. This authority does not extend to refills of controlled substances listed in schedule II. Health care payers, including pharmacy benefit managers shall eliminate proof of delivery requirement for deliveries directly to homes and by mail. The authority to administer tests is extended to licensed pharmacists to administer COVID-19 testing. https://www.governor.nd.gov/sites/www/files/documents/executive-orders/Executive%20Order%202020-09.pdf 3/11/20 Bulletin 2020-1 Health carriers are asked, where appropriate, to make expedited formulary exceptions if the insured is suffering from a health condition that may seriously jeopardize the insured's health, life, or ability to regain maximum function or if the insured is undergoing a current course of treatment using a non-formulary prescription drug. https://www.nd.gov/ndins/sites/www/files/documents/Bulletins/2020/Bulletin%202020-1%20COVID-19%20Testing.pdf | 3/23/20 Bulletin 2020-2 Health insurers must relax the guidelines under HIPAA consistent with CMS guidance (i.e., serving patients in good faith through everyday communications technologies to include, but not limited to telephone, FaceTime or Skype). Further, insurance carriers must start or continue to provide covered services via telehealth visits. In addition to traditional telehealth services carriers must expand telehealth under the CMS guidance and now offer e-visits and virtual check-ins. Insurance carriers shall not impose any specific requirements on the technologies used to deliver telemedicine services (including any limitations on audio-only or live video technologies). https://www.nd.gov/ndins/sites/www/files/documents/Bulletins/2020/Bulletin%202020-1%20COVID-19%20Testing.pdf | 3/19/20 Executive Order 2020-06 Access to all state facilities other than the capitol will be limited to by-appointment only effective Friday, March 20, 2020, continuing until Monday, April 6, 2020. | 3/17/20 NDID Office locations are no longer taking walk-in traffic until May 1, 2020 https://www.nd.gov/ndins/news/ndid-office-locations-no-longer-taking-walk-traffic-until-may-1-2020 | 11/30/20 Bulletin 2020-12 The Commissioner expects that all self-funded and fully insured group health plans, individual health plans, and short-term limited-duration plans cover, without cost sharing, COVID-19 vaccinations. No provider will be denied reasonable reimbursement, regardless of whether in or out of network. Consumers are not to be charged a copay. 3/11/20 Bulletin No. 2020-1 The Department asks health carriers to waive any cost-sharing for CDC-recommended laboratory testing of COVID-19, as well as for in-network provider office visits, urgent care center visit and emergency room visits when testing for COVID-19. Waiving cost-sharing may be done on a retrospective case-by-case basis upon a confirmed COVID-19 diagnosis. https://www.nd.gov/ndins/sites/www/files/documents/Bulletins/2020/Bulletin%202020-1%20COVID-19%20Testing.pdf | 3/11/20 Bulletin 2020-1 If a health carrier does not have a health care provider in its network with the appropriate training and experience to meet the particular health care needs of an insured, health carriers are asked to make exceptions to provide access to an out-of-network provider at the in-network cost-sharing. https://www.nd.gov/ndins/sites/www/files/documents/Bulletins/2020/Bulletin%202020-1%20COVID-19%20Testing.pdf | 8/10/20 Executive Order 2020-36.1 Extends the validity of driver's licenses which expired after March 1, 2020. The order is in effect until December 31. 4/16/20 Executive Order 2020-12.1 Extends the effect of Executive Order 2020-12 for the duration of the declared state of emergency. 3/25/20 Executive Order 2020-12 First responders, health care workers and all occupations included under s. 65-01-02(11)(b)(1) who are exposed to COVID-19 in the course of employment may file a claim for workers compensation coverage and may be eligible for up to fourteen days of wage replacement and medical coverage if quarantined. 3/11/20 Bulletin 2020-1 Health carriers are asked to waive any prior authorization requirements associated with COVID-19 testing or treatment. https://www.nd.gov/ndins/sites/www/files/documents/Bulletins/2020/Bulletin%202020-1%20COVID-19%20Testing.pdf | ||||||||
36 | Ohio | 10/02/20 Bulletin 2020-12 Rescinds Bulletin 2020-07 which required insurers to provide insureds affected by COVID-19 with a grace period to pay insurance premiums, however, the Department encourages insurers to continue to accommodate insureds. 3/30/20 Bulletin 2020-07 All insurers providing P&C, life and long term care insurance policies are to provide their insureds with at least a 60-day grace period to pay insurance premiums or submit information. Insurers are also to provide at least a 60-da6 grace period as to any policy provisions that imposes a time limit on an insured or claimant to perform any act, including the submission of information or funds, with respect to a contract for insurance. 3/20/20 Bulletin 2020-03 All insurers are to give their insureds the option of deferring premium payments coming due, interest free, for up to 60 calendar days from each original premium due date. https://iop-odi-content.s3.amazonaws.com/static/Legal/Bulletins/Documents/2020-03.pdf | 3/11/20 Bulletin 2020-02 Issuers are reminded to keep consumers informed regarding available benefits, to ensure that nurse helplines are appropriately staffed, to respond timely to inquiries, and to make necessary and useful information available on their websites. https://iop-odi-content.s3.amazonaws.com/static/Legal/Bulletins/Documents/2020-02_COVID-19.pdf | 4/15/20
Bulletin 2020-09 Companies may make filings in electronic form in lieu of physical information filings, and, within 60 days after the expiration of this bulletin, submit them to the Department. | 4/15/20 Bulletin 2020-09 Insurers may apply to the Department for an extension on several filing deadlines, provided more specifically in the bulletin. | 4/15/20 Bulletin 2020-08 Provides for the issuance of temporary resident agent licenses, without requiring examination or a criminal records check, if certain other requirements are met, as provided more specifically in the bulletin. | 3/22/20 Executive Order 2020-06D The rule adoption procedures are waived for purposes of adoption of a rule by the Board of Pharmacy related to provision of prescription drugs during the emergency. https://governor.ohio.gov/wps/wcm/connect/gov/8583eace-cc33-45f1-95bf-9afddcf502a8/Executive+Order+2020-06D.pdf?MOD=AJPERES&CONVERT_TO=url&CACHEID=ROOTWORKSPACE.Z18_M1HGGIK0N0JO00QO9DDDDM3000-8583eace-cc33-45f1-95bf-9afddcf502a8-n47LI40 3/20/20 Bulletin 2020-04 Licensed entities are ordered to suspend pharmacy audits during the state of emergency. Conducting or attempting to conduct pharmacy audits during the state of emergency may be considered a fraudulent, coercive, or dishonest practice, and may subject an entity to legal action, including but not limited to, license suspension and/or monetary fines. https://iop-odi-content.s3.amazonaws.com/static/Legal/Bulletins/Documents/2020-04.pdf 3/11/20 Bulletin 2020-02 Issuers that cover prescription drugs must provide access to a standard and expedited formulary exceptions process for non-formulary prescription drugs. Issuers are also encouraged to consider allowing insureds to access prescription drug supplies beyond the typical supply limit with appropriate exceptions for controlled substances, even if the scheduled refill date has not yet been reached, as medically appropriate. https://iop-odi-content.s3.amazonaws.com/static/Legal/Bulletins/Documents/2020-02_COVID-19.pdf | 3/19/20 Executive Order 2020-05D Waiving the normal requirements for adoption of rules to permit the emergency adoption of rules related to telemedicine. https://coronavirus.ohio.gov/wps/wcm/connect/gov/26ab74a1-be78-46af-bb78-a5de479c751b/Executive+2020-05D+Telehealth.pdf?MOD=AJPERES&CONVERT_TO=url&CACHEID=ROOTWORKSPACE.Z18_M1HGGIK0N0JO00QO9DDDDM3000-26ab74a1-be78-46af-bb78-a5de479c751b-n3R3SkQ | 4/15/20
Bulletin 2020-09 On-site meetings for the purposes of conducting examinations are suspended. The Department will continue to conduct such examinations by electronic means. 3/20/20 Bulletin 2020-03 The Superintendent will not take enforcement action with respect to filed forms and rates against insurers that adjust their policies and practices to provide the flexibility required by this bulletin. https://iop-odi-content.s3.amazonaws.com/static/Legal/Bulletins/Documents/2020-03.pdf | 3/23/20 Director's Stay at Home Order Insurance companies are exempted from the Director's stay at home order. https://governor.ohio.gov/static/DirectorsOrderStayAtHome.pdf | 3/27/20 HB 197 Tolls statutes of limitations, administrative statutes of limitations, and other statutorily created time limitations in court cases as a result of the COVID-19 crisis. | 4/9/20 Product Filing Guidance Insurers seeking to provide premium relief to policyholders as a result reductions in claims resulting from the COVID-19 pandemic's effects on driving habits are required to submit a filing via SERFF to the Department. Insurers must articulate the assumptions that are being used to justify the proposed adjustments, including the amounts of the premium relief. The guidance provides a number of other items that insurers should explain with regard to such premium relief programs. These relief filings are considered "file and use." | 3/20/12 Bulletin 2020-05 Testing and treatment for COVID-19 must be covered without preauthorization and at the same cost sharing level as if provided in-network. Insurers must cover emergency medical conditions in accordance with applicable law. Insurers must provide benefits with respect to an emergency service in an amount at least equal to the greatest of the amount negotiated with in-network providers, the amount calculated using the same method the plan generally uses to determine payments for out-of-network services, or the amount that would be paid under Medicare. Additionally, health insuring corporations providing coverage in Ohio must ensure coverage for out-of-network emergency services without balance billing. https://iop-odi-content.s3.amazonaws.com/static/Legal/Bulletins/Documents/2020-05.pdf | 3/20/12 Bulletin 2020-05 Testing and treatment for COVID-19 must be covered without preauthorization and at the same cost sharing level as if provided in-network. Insurers must cover emergency medical conditions in accordance with applicable law. Insurers must provide benefits with respect to an emergency service in an amount at least equal to the greatest of the amount negotiated with in-network providers, the amount calculated using the same method the plan generally uses to determine payments for out-of-network services, or the amount that would be paid under Medicare. Additionally, health insuring corporations providing coverage in Ohio must ensure coverage for out-of-network emergency services without balance billing. https://iop-odi-content.s3.amazonaws.com/static/Legal/Bulletins/Documents/2020-05.pdf | 3/20/12 Bulletin 2020-05 Testing and treatment for COVID-19 must be covered without preauthorization and at the same cost sharing level as if provided in-network. Insurers must cover emergency medical conditions in accordance with applicable law. Insurers must provide benefits with respect to an emergency service in an amount at least equal to the greatest of the amount negotiated with in-network providers, the amount calculated using the same method the plan generally uses to determine payments for out-of-network services, or the amount that would be paid under Medicare. Additionally, health insuring corporations providing coverage in Ohio must ensure coverage for out-of-network emergency services without balance billing. https://iop-odi-content.s3.amazonaws.com/static/Legal/Bulletins/Documents/2020-05.pdf | 3/20/20 Bulletin 2020-03 Employees who lose coverage are eligible for a special enrollment period to enroll in new coverage. Premium subsidies may be available for those that qualify by purchasing plans on the federal exchange. For those purchasing policies sold outside of the federal exchange, insurers shall waive normal special enrollment procedures and allow applicants to obtain coverage effective the day after their loss of employment. https://iop-odi-content.s3.amazonaws.com/static/Legal/Bulletins/Documents/2020-03.pdf | 9/17/20 HB 606 Protects specified health care providers from liability where the related injury is caused by COVID-19, MERS, and SARS, or any mutations thereof, unless it is established that the exposure to the virus was the result of reckless conduct or intentional, willful or wanton misconduct. The bill is effective from March 9, 2020 to September 30, 2021. 3/27/20 HB 197 Tolls statutes of limitations, administrative statutes of limitations, and other statutorily created time limitations in court cases as a result of the COVID-19 crisis. | HB 571 / HB 573 Makes COVID-19 an occupational disease in somce cases HB 605 Makes COVID-19 contracted by an employee of a retail food establishment or food processin establishment an occupational disease under the workers compensation law under certain circumstances 3/24/20 HB 589 The bill requires insurance policies providing loss of use and occupancy and business interruption coverage as of the effective date of teh bill to provide coverage for business interruption as a result of the COVID-19 emergency. The bill applies to policies issued to businesses located in Ohio with 100 full-time employees or fewer. | ||
37 | Oklahoma | 6/18/20
LH 2020-02 (#3) Provides guidance to insurers regarding telemedicine, utiliztion review timeframes, preauthorization requirements, cost-sharing measures, and the conclusion of extended grace periods. 3/20/20 PC Bulletin No. 2020-01 Property and casualty carriers should extend their applicable grace period for nonpayment of premium by an additional forty-five (45) days. This grace period extension does not relieve an insured of the obligation to pay premiums but merely is a deferral of the payment due date. https://www.oid.ok.gov/pc-bulletin-2020-01/ 3/17/20 LH Bulletin No. 2020-02 Health carriers shall not cancel the coverage of any person who has been diagnosed with COVID-19 and is unable to return to work or maintain coverage under their current health carrier because of COVID -19 for the next ninety (90) days. Health carriers should extend the traditional thirty (30) day grace period to a sixty (60) day grace period for nonpayment of premiums. Federal rules governing marketplace policies (ACA) will remain in effect with respect to grace periods. https://www.oid.ok.gov/lh-bulletin-no-2020-02/ | 4/9/20 Data Call Notice The Department gives insurers who write private passenger auto insurance in Oklahoma until April 15 to respond to a 3 question data call about whether they plan to provide their policyholders with a premium allowance due to a reduction in travel from the COVID-19 pandemic. 3/17/20 LH Bulletin No. 2020-02 Health carriers should inform insureds of available benefits specifically related to telemedicine, quickly respond to insured inquiries, and consider revisions needed to streamline responses and benefits for insureds. Health carriers should make all necessary and useful information available on their websites and staff their nurse-help lines accordingly. https://www.oid.ok.gov/lh-bulletin-no-2020-02/ | 4/8/20
Financial Bulletin No. 2020-02 Hard copy, original signature, and related filing requirements are currently waived, however, companies are expected to keep a list of all filings made electronically in lieu of hard copy filings so that they can file all the hard copies within 60 days after the state has allowed a return to work. | 8/28/20 Fourth Amended Executive Order 2020-20 Extends the declaration of emergency, and in so doing, extends a number of deadlines. 4/16/20 Alert The Workers Compensation Commission voted to extend filing deadlines and procedures, including statutes of limitation until May 15, 2020. 4/8/20 Financial Bulletin No. 2020-02 The Department will allow insurers an additional 30 or 60 days to complete certain filings. The Department must receive a request for late filing from the company, and reserves the right to reject any such individual company requests based upon the financial condition and unique circumstances of that company. The Bulletin provides a list of the deadlines that may be extended and the length of the permitted extension. All deadlines and procedures whether prescribed by statute, rule or order in any workers' compensation claim under the jurisdiction of the WCC will be suspended for 30 days from the date of the Supreme Court Emergency Order, issued March 16, 2020. This suspension also applies to appellate rules and procedures for the WCC. In any WCC case, the statute of limitations will be extended for 30 days from the date of the Supreme Court Emergency Order. | 12/14/20 Eighth Amended Executive Order 2020-20 Extends the emergency declaration until January 13, 2021. The order provides for the expiration of occupational licenses on January 31, 2021. 9/25/20 Fifth Amended Executive Order 2020-20 Extends the emergency declaration until October 25, and in so doing, extends the validity of occupational licenses until November 8, 2020. 8/10/20 The Department will allow applicants to take insurance exams remotely using Prometric's ProProctor application. Applicants can schedule their exam using the Prometric system. 5/15/20 Notice The Department will continue to accept and process temporary applications and provide notice when the temporary applications will discontinue. The Licensing Division encourges all temporary Licensees to schedule their examinations and prepare for their examinations during this time. 5/1/20 Notice On May 1, 2020, Prometric will be reopening four out of five of the Oklahoma testing centers with enhanced procedures that will implement social distancing recommended by the CDC. All candidates will be required to wear a face mask at testing centers. The OID will also continue to accept and process temporary applications for producer licenses until May 14, 2020, at which time the OID will reevaluate and determine whether to continue accepting temporary applications. The Licensing Division encourages all temporary licensees to begin to prepare for their examinations. 3/26/20 Special Notice to Oklahoma Insurance Professionals The Oklahoma Insurance Department (OID), led by Commissioner Glen Mulready, has made available temporary Producer and Apprentice Adjuster license due to the recent closure of PROMETRIC testing centers nationwide in response to the COVID-19 public health emergency. Currently, a new resident producer and new resident adjuster license is not available if you haven’t passed the testing examination. The Oklahoma Insurance Department is still working toward a remote option for license examinations. Both temporary licenses are in effect until 30 days after the Governor’s Executive Order 2020-07 expires. https://www.oid.ok.gov/temporary-producer-and-apprentice-adjuster-licenses-process/ 3/19/20 Second Amended Executive Order 2020-07 All occupational licenses issued by any agency, board, or commission of the State of Oklahoma that expire during this emergency shall be extended so long as this Order is in effect. All occupational licenses extended during this Order will expire 14 says follosing the withdrawal or termination of this Order https://www.sos.ok.gov/documents/executive/1916.pdf In addition to our continued commitment to process applications of all types in a timely manner, we understand that strict adherence to regulations concerning licensing during this time may not be possible. While we intend to follow to the requirements as closely as we can, we will take each matter on a caseby-case basis and do what we can to work around any problems that may be beyond an applicant’s control. We are actively working with the Appraisal Subcommittee to facilitate this process. One matter of concern regarding licensing and renewals is access to live continuing education during this State of Emergency. We do not want appraiser licenses to be held up due to any difficulties obtaining the required amount of live continuing education. Therefore, the Board will waive the requirement for live continuing education through the June 30, 2020, renewal period. We will re-visit the need for a continued waiver, should circumstances warrant. https://www.oid.ok.gov/reab-covid19/ | 3/25/20 The Oklahoma Workers Compensation Commission has altered the process for approvals of joint petition settlements. Parties must submit an email the assigned ALJ or to the chief ALJ if none is assigned, requesting approval of the Joint Petition Settlement by Interrogatories. Settlement will only be reviewed by emailed interrogatories at this time. 3/17/20 LH Bulletin No. 2020-02 Health carriers should, where appropriate, make expedited formulary exceptions if the insured is suffering from a health condition that may seriously jeopardize the insured’s health, life, or ability to regain maximum function or if the insured is undergoing a current course of treatment using a non-formulary prescription drug. Pharmacists writing “COVID-19” or substantially similar language on a prescription shall be equivalent to receiving a signature. The goal is to reduce requirements for face-to-face interactions. Pharmacy benefit managers should immediately cease all audits while the Declaration of Emergency is in place. Additionally, a sixty (60) day supply may be provided for a thirty (30) day prescription for maintenance drugs with appropriate copays. This does not apply to controlled substances. Further, all restrictions on pharmacies doing mail order should be waived. https://www.oid.ok.gov/lh-bulletin-no-2020-02/ | 6/18/20 LH 2020-02 (#3) Provides guidance to insurers regarding telemedicine, utiliztion review timeframes, preauthorization requirements, cost-sharing measures, and the conclusion of extended grace periods. 3/17/20 LH Bulletin No. 2020-02 Health carriers should review and ensure their telehealth programs with participating providers are robust and will be able to meet any increased demand. Additionally, health carriers should waive telehealth copayments for insureds and reimburse the provider for the copayment. https://www.oid.ok.gov/lh-bulletin-no-2020-02/ | The Oklahoma Insurance Department (OID) is closed to the public until further notice. However, to ensure continued operation of essential functions, OID has authorized employees to telecommute during the current State of Emergency. During this time, we are committed to: • Timely processing all licenses and renewals; • Flexibility in adherence to licensing regulations, where necessary; • Providing waivers for live continuing education, when necessary; • Keeping lines of communication open; and • Addressing new concerns as they develop. https://www.oid.ok.gov/reab-covid19/ | 4/1/20 Seventh Amended Executive Order 2020-07 The Insurance industry is considered an essential business and is exempt from the governor's stay at home order. | 3/16/20 SCAD No. 2020-24 Subject only to constitutional limitations, all deadlines and procedures, whether prescribed by statute, rule or order in any civil, juvenile or criminal case, shall be suspended for 30 days from the date of this order. This suspension also applies to appellate rules and procedures for the Supreme Court, the Court of Criminal Appeals, and the Court of Civil Appeals. In any civil case, the statute of limitations shall be extendef for 30 days from the date of this order. https://www.oscn.net/images/news/SCAD-2020-24.pdf | 4/27/20 PC Bulletin No. 2020-03 Any insured who has an auditable insurance policy issued by an admitted insurer shall have the right to make a demand upon its admitted insurer to permit the insured to immediately conduct a one-time, mid-term self-audit of the insurance policy. And admitted insurer who receives a demand from its insured for a mid-term self-audit shall honor the demand and shall assist in the mid-term self-audit being conducted by the insured. The insured shall have the right to complete the mid-term self audit at any time up to the termination of the insurance policy. Upon the completion of the mid-term self-audit by the insured, the insured shall promptly transmit the results of the mid-term self-audit to the admitted insurer. Any overpayment of premium revealed by the self-audit shall result in the admitted insurer making a refund of the overpayment to the insured within 10 days from the completion of the mid-term self-audit. Any admitted insurer retains the right to conduct a physical audit of the auditable insurance policy at any time during the policy term or at the end of the policy term as provided by the policy. | 10/30/20
LH 2020-06 The Department directs carriers to assist with expedited authorizations dealing with COVID-19 patient transfers to other settings of acute care. Carriers must verify their provider networks are adequate to handle a potential increase in discharge determinations. Medical transportation costs to transfer a patient from a hospital to a less intensive setting of care shall be paid by the carrier. Transportation costs related to a lateral patient transfer between hospitals shall be negotiated between the sending and receiving hospitals and not cause the patient or carrier to bear the cost of transportation. 6/18/20 LH 2020-02 (#3) Provides guidance to insurers regarding telemedicine, utiliztion review timeframes, preauthorization requirements, cost-sharing measures, and the conclusion of extended grace periods. 5/22/20 Bulletin LH 2020-03 The Department expects carriers to cover PCR and antigen tests designed to detect the presence of COVID-19 when a patient's symptoms indicate the medical need to conduct a test. Regarding antibody tests, the Department expects carriers to cover FDA-authorized antibody tests. Carriers must waive cost-sharing for antibody testing and process claims in compliance with federal guidelines. 3/17/20 LH Bulletin No. 2020-02 Health carriers should waive any cost-sharing for COVID-19 laboratory tests so that cost-sharing does not serve as a barrier to access to this important testing. In addition, health carriers should also waive the cost-sharing for an in-network provider office visit and an in-network urgent care center visit when testing for COVID-19. https://www.oid.ok.gov/lh-bulletin-no-2020-02/ | 10/30/20
LH 2020-06 The Department directs carriers to assist with expedited authorizations dealing with COVID-19 patient transfers to other settings of acute care. Carriers must verify their provider networks are adequate to handle a potential increase in discharge determinations. Medical transportation costs to transfer a patient from a hospital to a less intensive setting of care shall be paid by the carrier. Transportation costs related to a lateral patient transfer between hospitals shall be negotiated between the sending and receiving hospitals and not cause the patient or carrier to bear the cost of transportation. 6/18/20 LH 2020-02 (#3) Provides guidance to insurers regarding telemedicine, utiliztion review timeframes, preauthorization requirements, cost-sharing measures, and the conclusion of extended grace periods. 3/17/20 LH Bulletin No. 2020-02 If a health carrier does not have a health care provider in its network with the appropriate training and experience to meet the particular health care needs of an insured, health carriers are asked to make exceptions to provide access to an out-of-network provider at the in-network cost-sharing. https://www.oid.ok.gov/lh-bulletin-no-2020-02/ | 10/30/20 LH 2020-06 The Department directs carriers to assist with expedited authorizations dealing with COVID-19 patient transfers to other settings of acute care. Carriers must verify their provider networks are adequate to handle a potential increase in discharge determinations. Medical transportation costs to transfer a patient from a hospital to a less intensive setting of care shall be paid by the carrier. Transportation costs related to a lateral patient transfer between hospitals shall be negotiated between the sending and receiving hospitals and not cause the patient or carrier to bear the cost of transportation. 6/18/20 LH 2020-02 (#3) Provides guidance to insurers regarding telemedicine, utiliztion review timeframes, preauthorization requirements, cost-sharing measures, and the conclusion of extended grace periods. 3/17/20 LH Bulletin No. 2020-02 Health carriers are reminded that utilization review decisions must be made in the timeframes required. Health carriers should not use preauthorization requirements as a barrier to access necessary treatment for COVID-19, and health carriers should be prepared to expedite utilization review and appeal processes for services related to COVID-19, when medically appropriate. https://www.oid.ok.gov/lh-bulletin-no-2020-02/ | 3/17/20 LH Bulletin No. 2020-02 Health carriers should review their internal processes and continuity of operations, including ability to telecommute, to ensure that they are prepared to address COVID-19 cases in Oklahoma and serve their members, including by providing insureds with information and timely access to all medically necessary covered health care services. As the COVID-19 situation continues to evolve, health carriers should continually assess their readiness and make any necessary adjustments. This includes notifications to producers and brokers to keep consumers up to date. https://www.oid.ok.gov/lh-bulletin-no-2020-02/ | 5/21/20 SB 1946 Provides civil liability immunity to a person or her agent sued for exposure to COVID-19. The person or agent must have conducted business in compliance with the executive orders or state and federal guidelines and regulations. 5/21/20 SB 1947 Provides civil liability immunity to designers, donors, and users of personal protective equipment. The law applies retroactively to claims arising on or after March 15, 2020. 5/12/20 SB 300 Provides civil immunity to health care facilities or providers who provide care to COVID-19 patients during the pandemic. The law expires upon the latter of October 31, 2020 or when the emergency declaration ends. | 6/18/20 Bulletin PC 2020-01(#3) PC Bulletin 2020-01 will be rescinded on June 30, 2020, with certain exceptions specified in the bulletin, including e-signatures, grace periods, midterm policy audits, and extended claims reporting periods. | ||
38 | Oregon | 8/28/20 Extension of Amended P&C Insurance Order The order requiring the provisions of grace periods, suspension of cancellations and non-renewals, and extension of deadlines is extended through September 29, 2020. 8/21/20 Extension of Long-Term Care Insurance Order Extends the duration of the director's order to all insurers to extend deadlines for reporting claims, instituting grace periods for premium payment, suspending cancellations and nonrenewals, and providing other specified relief to Oregon insureds. 8/21/20 Extension of Disability and Life Insurance Order Extends the duration of the director's order to all insurers to extend deadlines for reporting claims, instituting grace periods for premium payment, suspending cancellations and nonrenewals, and providing other specified relief to Oregon insureds. 8/21/20 Extension of DCBS Order Extends the duration of the director's order to all insurers to extend deadlines for reporting claims, instituting grace periods for premium payment, suspending cancellations and nonrenewals, and providing other specified relief to Oregon insureds. 8/3/20 Extension of Health Insurance Order The grace period for premium payment and suspension of cancellations and nonrenewals for nonpayment of premium has been extended to September 1, 2020. 7/23/20 Extension of P&C Insurance Order The grace period for premium payment and suspension of cancellations and nonrenewals has been extended from July 22 to July 31, 2020. 6/22/20 Extension of P&C Insurance Order Extends the mandatory grace periods and suspension of cancellations and nonrenewals and extensions of deadlines for reporting claims through July 22, 2020. 5/22/20 P&C Insurance Order Terminates the 3/25/20 order. Requires insurers to provide Oregon policyholders a single grace period of 60 days to pay any premiums. With the exception of policies that have completed the applicable grace period, the Order suspends all involuntary cancellations and non-renewals for all active policies for a number of reasons, as detailed in the Order. 4/23/20 Extension of DCBS Order The order directing all insurers to extend dealines for reporting claims, institute grace periods for premium payment, suspend cancellations and non-renewals, and provide other relief is extended until May 23, 2020. 3/25/20 Insurers must immediately institute a grace period for premium payment for all policies of insurance issued in the state, ending no earlier than the date this Order is no longer in effect. Insurers must immediately take the following actions regarding cancellations and nonrenewals: a. Suspend all cancellations and non-renewals for all active insurance policies in the state until this Order is no longer in effect. b. For insurance policies in the state not yet cancelled or non-renewed as of the date of this Order, but for which a notice of cancellation or non-renewal has been issued, insurers must withdraw the issued notice and provide insureds with a notice that cancellation and non-renewal is suspended until this Order is no longer in effect. c. Following the expiration of the Order, if it is not extended, entities transacting insurance in Oregon may resume cancellations and non-renewals. d. For policies extended beyond the normal date of cancellation or non-renewal as a result of this Order, the premium for the extended coverage may be determined by the insurer in accordance with the terms of the policy, if applicable. Insurers may continue to bill insureds for this premium amount, but may not cancel or non-renew coverage due to non-payment of the extended premium amount until the Order is no longer in effect. e. An insurer may not cancel or non-renew a policy because of a claim directly resulting from the circumstances of the COVID-19 outbreak, except in cases of fraud or intentional misrepresentation of a material fact as prohibited by the terms of the plan. https://dfr.oregon.gov/insure/health/understand/Documents/20200325Order.pdf | 10/24/20 Emergency Rule The Department has adopted an emergency rule to update workers' compensation and employer's liability insurance statistical plan requirements regarding COVID-19. | 8/1/20 Amended P&C Order All P&C insrers must extend all deadlines for policyholders to report claims or submit other communications related to claims. P&C insurers must take all practicable steps to provide opportunities for policyholders to report claims or provide required communications related to claims via methods compatible with social distancing recommendations. | Telehealth Guidance Health plans shall eliminate barriers to providing medically and clinically appropriate care using appropriate telehealth delivery models by doing the following: o Waiving the requirement that certain services be available only to established patients o Enabling providers to provide service from their own home o Removing restrictions related to where patients can be to receive services (e.g. home, nursing home, or where they are physically present and can receive the service) o Considering how increased use of telehealth could help preserve providers’ personal protective equipment (e.g., physical therapy in nursing facilities) o Allowing authorizations to receive online, video, or telephone services to be given verbally, as long as cost sharing is clearly disclosed o Waiving requirements related to encryption (See https://www.hhs.gov/hipaa/forprofessionals/special-topics/emergency-preparedness/notification-enforcementdiscretion-telehealth/index.html) https://dfr.oregon.gov/insure/health/understand/Documents/DFR-OHA%20Telehealth%20Guidance.pdf During the COVID-19 outbreak, the division expects health insurance companies to allow their members to refill prescriptions early to make sure they have an adequate supply, and to allow for 90-day supplies whenever possible. The division expects comprehensive health insurance providers to waive requirements, when possible, for a consumer to visit their doctor prior to refilling their prescription. This expectation does not apply to opioids or other controlled substances. https://dfr.oregon.gov/insure/health/understand/Pages/coronavirus.aspx#prescription | 3/24/20 The Oregon Department of Consumer and Business Services and the Oregon Health Authority expect health insurance plans of all types to provide more health care services to their members through multiple telehealth platforms and to encourage plan members to limit in-person health care services for the duration of the COVID-19 outbreak. https://dfr.oregon.gov/news/2020/Pages/20200324-telehealth-expectations.aspx | 10/01/20 Temporary Rule - Workers Comp. Claims Processing Requires insurers to conduct a "reasonable investigation" prior to denying a claim and provides circumstances under which the Department will audit an insurers files with regard to all COVID-19-related denials. Remains in effect until March 29, 2021. 8/14/20 OR 45076 2020 Allows for NCCI's revisions, which comprise of excluding COVID-19 claims from experience rating, and indicating if an insurer did not perform an audit due to COVID-19. | 5/28/20 Workers' Compensation Bulletin 383 The Workers Compensation Division has issued a bulleting providing for a number of changes to self-insured base rates and the choice of method used for determination of premium assessment. The bulletin is effective from July 1, 2020 through June 30, 2021. 4/22/20 Bulletin No. DFR 2020-11 Insurers with previously approved endorsements planning to expand coverage for the remainder of a policy term do not need to file new forms. Insurers who want to extend coverage on a temporary basis for matters excluded under their policy should file proposed endorsements or any revisions to policies with the division in SERFF. The division requests insurers label these filings as COVID-19 in the Product Name field for identification and priority review. The SERFF filing description must include an explanation of how changes in coverage and pricing will be communicated to policyholders. The insurer must provide 30 days' notice to its customers on any reduction in coverage. Insurers requesting to reduce rates should make a SERFF rule filing with the Product Name indicating a "COVID-19" plan. The request should indicate the amount of the rate reduction, the duration of the reduction and the classes to which the reduction applies. The insurer should explain how the rate reduction will be applied to in-force policies and whether the rate reduction applies to new business. An insurer that wants to make one or mid-term payments in recognition of lower exposure may do so if the amounts are in its filed rating plan. The insurer should make a rule filing in SERFF. 4/10/20 Bulletin No. DFR 2020-9 Insurers may reduce an employers payroll assignment or bill the employer at a reduced rate based on preliminary information regarding employee reassignments due to the COVID-19 pandemic. An insurer who makes this type of accommodation on an ad hoc basis should inform employers what information is necessary to verify payroll during a premium audit and develop a plan to help employers comply. At the request of the policyholder, insurers must rerate a business to reflect a change in operation due to the COVID-19 pandemic and related public health measures. The Bulletin also provides that insurers will be deemed to have met the field audit requirements if certain conditions described in the Bulletin are met. | 3/24/20 Health plans shall ensure their members’ cost-sharing requirements (co-payments, co-insurance, and deductibles) for services delivered via telehealth are no greater than if the service was delivered through in-person settings. https://dfr.oregon.gov/news/2020/Pages/20200324-telehealth-expectations.aspx | 6/22/20 Extension of P&C Insurance Order Extends the mandatory grace periods and suspension of cancellations and nonrenewals and extensions of deadlines for reporting claims through July 22, 2020. 5/22/20 P&C Insurance Order Insurers must extend deadlines for insureds to report claims or submit communications related to claims. Insurers must take all practicable steps to provide opportunities to report claims or provide required communications related to claims via methods compatible with physical distancing recommendations. 4/30/20 Temporary Administrative Order The Director has changed the effective date of the adoption of the NCCI Statistical Plan for Workers' Compensation and Employer Liability Insurance. 4/10/20 Bulletin No. DFR 2020-10 Payments to employees furloughed or placed on administrative leave as a result of pandemic-related public health measures shall be classified as vacation time and excluded from payroll reported to workers compensation insurers for the purposes of calculating the premium basis. Vacation time is not an appropriate classification for sick leave or for employees teleworking or otherwise incurring risk covered by workers' compensation insurance. Employers will need to separately track furlough payroll in sufficient detail for insurers to perform premium audits, and insurers are required to inform employers of what information is necessary to perform premium audits and develop a plan to help employers comply. 3/25/20 All insurers must immediately take the following actions regarding reporting of claims and other communications with insureds regarding claims: a. Extend all deadlines for insureds to report claims or submit other communications related to claims. Deadlines that must be waived include, but are not limited to, deadlines to submit initial claims or to respond to communications related to claims payment and processing, grievances and appeals, or utilization review requirements. b. Insurers must take all practicable steps to provide opportunities for insureds to report claims or provide required communications related to claims via methods compatible with social distancing recommendations, including telephonic and online communications and postal mail https://dfr.oregon.gov/insure/health/understand/Documents/20200325Order.pdf 2/18/20 Bulletin No. DFR 2020-4 Insurers may use virtual claim adjustment systems as long as they comply with requirements under the Insurance Code for prompt and equitable claim settlement. Insurers must provide an in-person adjuster in a reasonable amount of time when requested by the claimant. Insurers may not deny the claimant's request for an in-person adjuster because a claimant initially elected to use a virtual system. Insurers may require that policyholders submit claims via a mobile application if such a requirement is disclosed to the consumers when they apply for coverage and in the policy. Insurers may not require third-patty claimants to use their mobile applications to submit claims. An insurer that fails to implement systems to conduct timely and adequate investigations in order to make good faith, equitable claim settlement offers and payments is in violation of the Insurance Code and may face up to $10,000 in civil penalties per violation. https://dfr.oregon.gov/laws-rules/Documents/Bulletins/bulletin2020-04.pdf | ||||||||||
39 | Pennsylvania | 4/13/20 Notice # 2020-11 The Department encourages premium finance companies, to the greatest extent possible, to accommodate insureds by extending or providing grace periods for loan payments or to be othwrwise flexible with respect to determinations of default under premium finance agreements, expecially with regard to cancellations for default. In addition, the Department is encouraging premium finance companies to waive or termporarily eliminate any delinquency or other charges that would ordinarily be permitted pursuant to 40 P.S. s. 3309. The Department is also encouraging insurance carriers to work with premium finance companies to facilitate any grace period modifications. The Department advises that insurance carriers should work directly with the policyholder to provide any reasonable flexibility and accommodations to the policyholder to allow the policy to remain in effect. 3/19/20 Notice 2020-04 Insurers are urged to consider cancellation or non-renewal only after exhausting other efforts to work with policyholders to continue coverage, including relaxing due dates for premiums, extending grace periods, waiving late fees and penalties, and allowing payment plans for premiums. https://www.insurance.pa.gov/Regulations/Laws%20Regulations/Documents/COVID-19%20General%20Guidance%20FINAL%20FINAL%203-19.pdf | 3/19/20 Notice 2020-05 The Office of Corporate and Financial Regulation will accept electronic filings for a limited time. https://www.insurance.pa.gov/Regulations/Laws%20Regulations/Documents/Filing%20Notice%20FINAL%20FINAL%203-1 | 4/13/20 Notice Number 2020-10 Filings should continue to be filed electronically with your company's assigned analyst. If your company believes that it will not be able to meet a deadline required by law or regulation, please contact your assigned analyst via email to request an extension in writing. The Department will consider providing insurers an additional 30 or 60 days, as provided by the bulletin, to complete certain filings. The Department reserves the right to reject an extension request based upon the financial condition of the company or any other unique circumstances applicable to the company. 3/19/20 The Certificate of Authority renewal process has been delayed due to the challenges of responding to COVID-19. https://www.insurance.pa.gov/Companies/DoingBusiness/Pages/Certificate-of-Authority.aspx | 10/03/20 Notice 10-03-2020 Effective October 19, 2020 the Department will no longer accept applications for temporary licensure as a producer. The bulletin provides terms that a temporary producer licensee must conform to in order to convert the temporary license to a permanent license. 9/23/20 Notice 2020-21 The Department will not accept applications for temporary licensure as a producer as of October 19, 2020. 4/22/20 Notice to All Insurers and Interested Parties The Department will issue temporary producer licenses to qualifying individuals subject to the conditions provided by the Notice. The Notice provides directions regarding applying for a temporary license, as well as guidance regarding the anticipated timeline for implementation and duration of such licenses. In addition, the Department notes that it is working with its examination vendor to make remote electronic testing available and anticipates implementation in late summer or early fall. 3/19/20 Notice 2020-06 Continuing education requirements are temporarily waived for licensees who cannot meet requirements due to extenuating circumstances related to COVID-19 https://www.insurance.pa.gov/Regulations/Laws%20Regulations/Documents/Producer%20Notice%20Final%203-19.pdf | 6/27/20 Notice 2020-17 The Department has regained full operational capabilities to review all filings, whether essential or non-essential, and all licensed entities should submit all current or proposed filings to the Department for review. Entities wishing to make a filing should do so electronically. 6/13/20 Notice 2020-16 (#2) Provides guidance to licensees about in-person operations and sales for insurance licensees in counties moving to the green phase of reopening. 5/14/20 Notice 2020-14 Telework and remote operations must continue where feasible in counties that have been designated t omove to the yellow phase, however, in instances where that is not feasible, insurance licensees will be permitted to resume in-person operations, including in-person sales, with restrictions to protect licensees and consumers. 3/30/20 In-person sales and brokerage are prohibited by the governor's order closing all non-life sustaining businesses in Pennsylvania to slow the spread of COVID-19. The Department intends to pursue disciplinary action against any licensee that violates the order. | 5/14/20 Notice 2020-14 Telework and remote operations must continue where feasible in counties that have been designated t omove to the yellow phase, however, in instances where that is not feasible, insurance licensees will be permitted to resume in-person operations, including in-person sales, with restrictions to protect licensees and consumers. 3/19/20 Executive Order All non-life sustaining businesses must close. However, insurance carriers, agencies and brokers are considered to be life-sustaining businesses and therefore may remain open. However, in person sales and brokerage are prohibited. In addition, the prohibition does not apply to virtual or telework operations as long as social distancing and other mitigation measures are followed. | 6/24/20 Notice 2020-19 The Department has issued guidance regarding fees charged to consumers for personal protective equipment and fees for testing fees. | 4/8/20 HB 2396 PRovides that if a life-sustaining worker contracts an infectious disease that requires hospitalization, quarantine, isolation or other controlled measures, there is a presumption that the injury was the result of work-related duties and that the worker is eligible for workers compensation. 4/3/20 HB 2372 The bill would require an insurer to provide coverage under business interruption coverage for losses relating to the COVID-19 pandemic "subject to the broadest or greatest limit and lowest deductible afforded to the business interruption coverage under the insurance policy." The bill applies to policies in force on March 6, 2020, and issued to businesses with fewer than 100 employees in Pennsylvania. | |||||||||||
40 | Rhode Island | 3/25/20 Insurance Bulletin Number 2020-4 Insurers are directed to provide as much flexibility as possible to allow insureds to maintain their existing coverage by implementing and extending grace periods for premium payments, allowing payment plans for premium payments and instituting whatever other measures necessary to assist insureds in avoiding or delaying cancellation or a lapse of insurance coverage. Institute alternative methods of payment for those insureds whose normal method of payment is affected by this emergency. For example, insurers could provide for electronic premium payments as an alternative to in-person payments. Insurers should institute additional flexibility in the form of waivers of late, insufficient funds and installment fees and penalties, extension of billing due dates and premium grace periods. Insurers should explore ways to streamline or delay the submission of administrative paperwork that may jeopardize the maintenance and/or issuance of coverage. https://dbr.ri.gov/documents/news/insurance/InsuranceBulletin2020-4.pdf | 8/6/20 Amended Bulletin 2020-6 Applications for temporary producer licenses will no longer be accepted after August 30, 2020. In addition, applicants that wish to take the required exam may do so through a web based remote proctored exam available through the PearsonVue website. 4/21/20 Amended Bulletin 2020-3 Certain insurance industry licenses are extended for an additional 90 days, including producer licenses. Continuing education providers are encouraged to deliver courses virtually. 4/17/20 Bulletin Number 2020-6 The Division is offering a Temporary Insurance Producer License, subject to a number of conditions provided in the bulletin. 3/19/20 Bulletin 2020-3 License expiration dates are extended from March 31 to April 30. In-person insurance licensing exams are suspended until April 30. https://dbr.ri.gov/documents/news/insurance/InsuranceBulletin2020-3.pdf | 7/1/20 Amended Insurance Bulletin 2020-2 The Department directs insurers to return to operating in accordance with statutory requirements regarding in-person appraisals of motor vehicle damage. 3/26/20 Industry Alert 2020-1 The Department has allowed the deployment of emergency adjusters during the COVID-19 crisis. Emergency adjusters must be employed by either an adjusting entityr or an insurer licensed in Rhode Island, and must either be licensed in their home state or regularly adjust in a state that does not require an adjuster license. Emergency adjusters may only perform work for the designated employer. Insurers that wish to activate emergency adjusters must use www.NIPR.com and apply for an emergency adjuster license. 3/19/20 Bulletin 2020-2 Motor vehicle damage appraisals for damage exceeding $2,500 may be conducted remotely in a nondiscriminatory fashion rather than in-person. https://dbr.ri.gov/documents/news/insurance/InsuranceBulletin2020-3.pdf | 4/6/20 Insurance Bulletin Number 2020-5 All insurers providing medical treatment under policies of insurance are subject to the provisions of Executive Order 20-06 and OHIC Bulletin 2020-1, regardless of the type of insurance. 3/20/20 OHIC Bulletin 2020-01 Carriers are not required to cover services via telemedicine unless such services are covered under the carrier's health benefit plans. Carriers must permit all in-network providers to deliver clinically appropriate medically necessary covered health services via telemedicine to covered members. The bulletin provides a number of additional requirements and prohibitions on carriers' activities relating to provision of telemedicine during the COVID-19 emergency. 3/18/20 Executive Order 20-06 Insurance carriers are required to establish requirements of the coverage of telemedicine services, in accordance with guidance issued by OHIC, including with respect to documentation and recordkeeping, but may not impose any requirements more restrictive than those contained OHIC Bulletin 2020-1, issued March 13, 2020 and the telehealth benefits for Medicare beneficiaries. No insurance carrier may impose any specific requirement on the technologies used to deliver telemedicine services (including any limitations on audio-only or live video technologies). | 3/22/20 Executive Order 20-08 All business service personnel that can work from home are required to do so. To the extent an employer has business service personnel that cannot perform their normal functions via telework or work from home arrangements, the business should permit only critical personnel to work on the business' premises so that only the minimal number of employees necessary to ensure that critical operations can continue are present. All public and private enterprises remaining open shall post appropriate notices requiring compliance with recommendations by the CDC and the Director of RIDOH. | 3/25/20 Insurance Bulletin Number 2020-4 Insurers should explore ways to make claims processes easier and more responsive such as electronic delivery of claims payments and remote adjustment of damages. | 3/30/20 Rep. McNamara is reportedly drafting legislation that guarantees that business interruption insurance would cover losses related to the COVID-19 pandemic regardless of policy language to the contrary. | ||||||||||||
41 | South Carolina | 3/25/20 Bulletin Number 2020-02 Insurers are directed to provide relief to consumers consisting of: - extension of premium payment deadlines - additional time before nonrenewals or cancellations become effective - waiver of fees, penalties or other charges relating to an insured's temporary inability to submit premium payments or otherwise respond as a result of this pandemic. https://doi.sc.gov/DocumentCenter/View/12687/Bulletin-Number-2020-02---Assistance-for-Insureds-Claimants-and-Covered-Persons-Directly-Impacted-by-COVID-19 | 4/24/20
Bulletin 2020-05 The Department will accept an electronic signature on the jurat or other pages in lieu of a wet ink signature provided the party submitting the document or other filing has complied with the requirements of the South Carolina Uniform Electronic Signatures Act. Companies are expected to keep the original filing and a list of all filings that were made electronically in lieu of hard copy filings. Once the state of emergency has been lifted, companies will have 60 days to submit hard copies. | 4/24/20 Bulletin 2020-05 Certain regulatory filing deadlines, defined in the bulletin, are extended by 30 or 60 days. Electronic filings will be accepted. 4/14/20 Advisory Notice The Commission will reactivate the assessment of fines and penalties for failure to file required reports on May 1, 2020. All required reports and forms not filed by their respective due date on or after May 1, 2020 will be subjecto the assessment of fines and penalties authorized by statute or regulation. | 9/15/20 Bulletin 2020-03A Discontinues the issuance of temporary producer licenses. 4/2/20 Bulletin Number 2020-03 The Department will issue temporary producer licenses to applicants meeting the requirements for licensure without requiring examination or fingerprinting, subject to certain conditions provided in the bulletin. The Director has also granted 90-day extensions for all upcoming producer license renewals, including March and April licenses. Deadlines for complying with CE requirements are also extended. | 3/25/20 Bulletin Number 2020-02 Insurers are directed to provide relief to consumers consisting of: - relaxing time limitations to allow for early prescription refills; - relaxing prescription drug formulary limitations to ensrue access to prescription drugs resulting from drug shortage or access issues. https://doi.sc.gov/DocumentCenter/View/12687/Bulletin-Number-2020-02---Assistance-for-Insureds-Claimants-and-Covered-Persons-Directly-Impacted-by-COVID-19 | 3/25/20 Bulletin Number 2020-02 Insurers are directed to provide relief to consumers consisting of: - increasing access to medical care via telehealth https://doi.sc.gov/DocumentCenter/View/12687/Bulletin-Number-2020-02---Assistance-for-Insureds-Claimants-and-Covered-Persons-Directly-Impacted-by-COVID-19 | 10/07/20 Order No. 2020-02 Forbids insurance licensees from requiring consumers to conduct business electronically. The order also requires licensees to accept cash from their policyholders as a method of payment. 9/21/20 WCC Advisory Notice Requires any person who has tested positive for COVID-19 or potentially been exposed to COVID-19 to quarantine for 14 days and have a negative test result before attending an in-person hearing. 7/6/20 The Workers' Compensation Commission will re-open to the public on July 6, 2020. 5/18/20 Advisory Notice Effective June 1, 2020, hearings docketed with the jurisdictional commissioner and informala conferences scheduled with the commision's mediator will be conducted in-person. The Notice provides several procedures that should be followed. 5/12/20 Notice The Workers Compensation Commission has extended the suspension of in-person hearings until June 1, 2020. 4/24/20 Bulletin 2020-05 The Department is suspending on-site examinations 4/20/20 Workers' Compensation Commission Advisory Notice The Commission has extended the suspension of live in-person hearings until May 15, 2020. All pleadings, motions, settlements and other claim related documents that cannot be submitted electronically must be submitted to the Commission by the US Postal Service. Responses to pleadings must be emailed to judicialanalysts@wcc.sc.gov. Form 70 Mediator Report must be emailed to mediation@wcc.sc.gov. Consent Orders resolving a hearing should be emailed to the Commissioner's Administrative Assistant. Personal delivery of documents will be acceptd only in extreme circumstances. Hearings on motions and other pleadings may be conducted by telephone. 4/14/20 Advisory Notice The Commission will reactivate the assessment of fines and penalties for failure to file required reports on May 1, 2020. All required reports and forms not filed by their respective due date on or after May 1, 2020 will be subjecto the assessment of fines and penalties authorized by statute or regulation. 3/25/20 Bulletin Number 2020-02 Any extension or relief offered to consumers as described in this bulletin will not be considered unfairly discriminatory if it is focused on providing consumer protections and is consistently applied to all insureds, claimants, or covered persons that are similarly impacted by this pandemic. https://doi.sc.gov/DocumentCenter/View/12687/Bulletin-Number-2020-02---Assistance-for-Insureds-Claimants-and-Covered-Persons-Directly-Impacted-by-COVID-19 3/20/20 The Workers' Compensation Commission office will be closed to the public until further notice. All pleadings, motions, settlements and other claim related documents that cannot be submitted electronically must be submitted to the Commission by the US Postal Service. Responses to pleadings must be emailed to judicialanalysts@wcc.sc.gov. Consent Orders resolving a hearing should be emailed to mediation@wcc.sc.gov. Consent Orders resolving a hearing should be emailed to the Commissioner's Administrative Assistant. Personal delivery of documents will be accepted only in extreme circumstances. | 3/31/20 Executive Order 2020-17 Insurance is not listed as an essential business and therefore is not exempt from the governor's stay at home order. | 3/25/20 Bulletin Number 2020-02 Insurers are directed to provide relief to consumers consisting of: - waivers of limitations relating to the use of out-of-network providers. https://doi.sc.gov/DocumentCenter/View/12687/Bulletin-Number-2020-02---Assistance-for-Insureds-Claimants-and-Covered-Persons-Directly-Impacted-by-COVID-19 | 3/25/20 Bulletin Number 2020-02 Insurers are directed to provide relief to consumers consisting of: - extension of proof of loss deadlines https://doi.sc.gov/DocumentCenter/View/12687/Bulletin-Number-2020-02---Assistance-for-Insureds-Claimants-and-Covered-Persons-Directly-Impacted-by-COVID-19 | 4/8/20 SB 1188 The bill would retroactively mandate payment of business interruption claims irrespective of policy exclusions otherwise applicable to such claims. | ||||||||
42 | South Dakota | 3/25/20 Bulletin 20-02 The Division urges health carriers to make reasonable accommodation for premium payments prior to cancellation and refrain from cancelling coverage for individuals that have been diagnosed with COVID-19. Carriers may elect to extend premium grace periods. https://dlr.sd.gov/insurance/bulletins/bulletin_20_02_covid_19_health_benefit_plans.pdf | 4/17/20 Bulletin 20-03 The Director has ordered the issuance of temporary insurance producer licenses subject to conditions provided in the bulletin. | 3/25/20 Bulletin 20-02 Health carriers are urged to allow early refills on maintenance prescription medication, without additional authorization requirements, where appropriate. https://dlr.sd.gov/insurance/bulletins/bulletin_20_02_covid_19_health_benefit_plans.pdf 3/23/20 Executive Order 2020-07 The regulatory provisions of ARSD 67:16:14:06.3 which limit the ability to dispense certain necessary medication in a timely manner are temporarily suspended. The regulatory provisions of ARSD 67:17, which limit or restrict the timeframes for the Medical Assistance program to receive and respond to fair hearings requests are also temporarily suspended. https://sdsos.gov/general-information/executive-actions/executive-orders/assets/2020-07.PDF | 3/25/20 Bulletin 20-02 Health carriers are strongly encouraged to take necessary steps to expand the availability of telemedicine services in all areas of care for their insureds by eliminating barriers to its use. Carriers are also encouraged to waive cost sharing for telehealth services. https://dlr.sd.gov/insurance/bulletins/bulletin_20_02_covid_19_health_benefit_plans.pdf 3/23/20 Executive Order 2020-07 The regulatory provisions of ARSD 67:16, 67:61, and 67:62, which limit or restrict the provision of telehealth or telemedicine services and which require face-to-face treatment, visits, interviews, and sessions with providers are temporarily suspended. https://sdsos.gov/general-information/executive-actions/executive-orders/assets/2020-07.PDF | 3/13/20 Executive Order 2020-05 All non-essential personnel of state government are ordered to report to work remotely and not report to state offices. https://sdsos.gov/general-information/executive-actions/executive-orders/assets/2020-05.PDF | 3/25/20 Bulletin 20-02 All health carriers must cover COVID-19 testing and the associated office visit, urgent care, or emergency room charge at no cost to insureds. If there is not an adequate number of in-network providers, health carriers should allow access to out-of-network providers at in-network cost sharing. https://dlr.sd.gov/insurance/bulletins/bulletin_20_02_covid_19_health_benefit_plans.pdf | 3/25/20 Bulletin 20-02 If there is not an adequate number of in-network providers, health carriers should allow access to out-of-network providers at in-network cost sharing. https://dlr.sd.gov/insurance/bulletins/bulletin_20_02_covid_19_health_benefit_plans.pdf | 3/25/20 Bulletin 20-02 Preauthorization requirements for COVID-19 testing or treatment should be waived or expedited. Further, health carriers should be prepared to expedite utilization review and appeal processes for services related to COVID-19. https://dlr.sd.gov/insurance/bulletins/bulletin_20_02_covid_19_health_benefit_plans.pdf | |||||||||||
43 | Tennessee | 4/3/20 Bulletin C-20-1; Bulletin 20-05 The Department encourages premium finance companies, to the greatest extent possible, to accommodate insureds by extending or providing grace periods for loan payments or to be othwerise flexible with respect to determinations of default under premium finance agreements. The Department encourages insurance carriers to work with premium finance companies to facilitate any grace period modifications. 3/24/20 Bulletin 20-03 The Tennessee Department of Commerce and Insurance requests carriers provide employers and individuals with as much flexibility as practicable during the period of the COVID-19 public health crisis. Carriers should work with policy holders who have concerns about their ability to timely pay premium to ensure that policy holders can maintain their existing insurance coverage. Carriers across all lines of business, upon request or upon calls about coverage, should explain to consumers affected by COVID19 options to maintain continuous coverage during this difficult time. Carriers should explain existing applicable grace periods that may allow policyholders to delay premiu m payments without losing coverage. Additionally, carriers should explore ways to eliminate late fees, non-sufficient funds fees,and installment fees. Carriers should also work with employers or individuals to find the best ways to address concerns with the timing of premium payments in order to delay any cancellation of coverage for non-payment and collection activity. Finally, carriers should explore ways to streamline administrative processes and paperwork to facilitate continuous coverage and ease burdens on policy holders. https://www.tn.gov/content/dam/tn/commerce/documents/insurance/bulletins/03-24-20-COVID-19_Guidance_to_Carriers_.pdf | 3/9/20 Bulletin 20-02 Health carriers are requested to inform insureds of available benefits, quickly respond to insured inquiries, and consider revisions needed to streamline responses and benefits for insureds. Health carriers should make all necessary and useful information available on their websites and staff their nurse-help lines accordingly. https://www.tn.gov/content/dam/tn/commerce/documents/insurance/bulletins/030920-Tennessee%20Bulletin%2020-02.pdf | 4/13/20
Bulletin 20-06 The Department waives the hard copy, original signature filing requirements during the COVID-19 emergency, and companies are expected to amke all filings electronically in lieu of hard copy filings. In order to be responsive and best serve stakeholders, we strongly encourage all entities to make filings electronically. If hard copy filings are required by statute, please supplement the hard copy filing with an electronic copy emailed to the appropriate contact in TDCI’s Insurance Division. https://www.tn.gov/commerce/news/2020/3/20/tdci-covid-guidance-2020.html | 4/13/20 Bulletin 20-06 The Department will allow insurers an additional 30 days to complete most of the filings listed in the bulletin (with an additional 60 days for others), but the Department must receive a request for late filing from the company, . The Department reserves the right to reject any such request based upon the financial condition and unique circumstances of the requesting company. | 5/1/20 The Department has discontinued the issuance of temporary insurance producer licenses due to the reopening of testing sites by Pearson Vue. 4/24/20 Bulletin 20-09 The Department is issuing temporary producer licenses to applicants meeting the requirements for licensure without requiring examination for life, accident and health, property, casualty, and personal lines insurance, subject to conditions provided by the bulletin. 3/19/20 Executive Order No. 15 The Commissioner of Insurance has discretion to reasonably extend the deadline for obtaining the required education, continuing education, or in-service credits as necessary to respond to the effects of COVID-19. https://publications.tnsosfiles.com/pub/execorders/exec-orders-lee15.pdf | 3/19/20 Executive Order No. 15 Pharmacists are permitted to dispense up to a 90-day supply of maintenance prescriptions without proper authorization to persons as is necessary to respond to and prevent the spread of COVID-19. Pharmacy techs and pharmacists may complete computer-based processing of prescriptions at alternative locations, including from the residence of the pharmacy tech or pharmacist https://publications.tnsosfiles.com/pub/execorders/exec-orders-lee15.pdf 3/12/20 Executive Order No. 14 Pharmacits are permitted to dispense an extra 30-day supply of maintenance prescriptions without proper authorization to persons as is necessary to respond to and prevent the spread of COVID-19 in Tennessee, subject to all other provisions of Sections 63-10-207 and 63-1-164. https://publications.tnsosfiles.com/pub/execorders/exec-orders-lee14.pdf 3/9/20 Bulletin 20-02 Health carriers are requested, where appropriate, to make expedited formulary exceptions if the insured is suffering from a health condition that may seriously jeopardize the insured’s health, life, or ability to regain maximum function or if the insured is undergoing a current course of treatment using a non-formulary prescription drug. https://www.tn.gov/content/dam/tn/commerce/documents/insurance/bulletins/030920-Tennessee%20Bulletin%2020-02.pdf | 3/26/20 Executive Order No. 20 Telehealth or telemedicine services may be provided by any provider licensed under Title 63, regardless of the provider's authority to diagnose. This suspension does not otherwise alter or amend any licensee scope of practice or recordkeeping requirements. https://publications.tnsosfiles.com/pub/execorders/exec-orders-lee20.pdf 3/19/20 Executive Order No. 15 Health insurance carriers are urged to provide coverage for the delivery of clinically appropriate, medically necessary covered services via telemedicine to all providers, irrespective of network status or originating site. Carriers are urged not to impose prior authorization requirements on medically necessary treatment related to COVID-19 delivered by in-network providers via telemedicine. Health care professionals licensed in another state who are authorized pursuant to this Order to temporarily practice in this state are permitted to engage in telemedicine services with patients in Tennessee to the extent the scope of practice of the applicable professional license in this state would authorize the professional to diagnose and treat humans. https://publications.tnsosfiles.com/pub/execorders/exec-orders-lee15.pdf | 4/13/20
Bulletin 20-06 The Department will not conduct any on-site examination work that is contrary to the spirit of any public health directive and to facilitate this, insurers should be aware t | 3/30/20 Executive Order No. 22 Insurance companies provide an "essential activity" and must remain open during the COVID-19 pandemic. Members of the insurance industry should adhere to certain practices described in the order. | 3/9/20 Bulletin 20-02 In the event a healthcare provider orders a COVID-19 laboratory test, the Department requests health carriers to waive any cost-sharing so that cost sharing does not serve as a barrier to access this important testing. In addition, health carriers are also requested to waive the cost-sharing for an in-network provider office visit and an in-network urgent care center visit associated with the administration of a test for COVID-19, as well as for an emergency room visit associated with the administration of a test for COVID-19. https://www.tn.gov/content/dam/tn/commerce/documents/insurance/bulletins/030920-Tennessee%20Bulletin%2020-02.pdf | 3/9/20 Bulletin 20-02 If a health carrier does not have a healthcare provider in its network with the appropriate training and experience to meet the particular health care needs of an insured, health carriers are requested to make exceptions to provide access to an out-ofnetwork provider at the in-network cost-sharing. https://www.tn.gov/content/dam/tn/commerce/documents/insurance/bulletins/030920-Tennessee%20Bulletin%2020-02.pdf | 7/1/20 Executive Order No. 53 Provides limited liability protection to health care providers during the COVID-19 pandemic. 3/9/20 Bulletin 20-02 Health carriers should not use preauthorization requirements as a barrier to access necessary treatment for COVID-19, and health carriers should be prepared to expedite utilization review and appeal processes for services related to COVID-19, when medically appropriate. https://www.tn.gov/content/dam/tn/commerce/documents/insurance/bulletins/030920-Tennessee%20Bulletin%2020-02.pdf | 8/17/20 SB 8002b Provides civil liability immunity to state and government employees for COVID-19 injuries, unless the claim involves gross negligence. 8/11/20 HB 8001 Provides immunity from liability for damages from COVID-19 related claims, unless a claimant proves by clear and convincing evidence that there was gross negligence or willful misconduct on the part of the tortfeasor. | 8/3/20 The Governor has called a special session to deal with COVID-19 related issues, including telehealth, liability protections, and prosecution of offenses against property and law enforcement during protests. | |||||
44 | Texas | 3/23/20 Commissioner's Bulletin #B-0007-20 TDI expects all carriers to work with policyholders who may experience financial hardships due to the COVID-19 outbreak. TDI encourages carriers to use grace periods for payments, temporary suspension of premium payments, payment plans, and other actions to allow continuing insurance coverage as appropriate. TDI will work with carriers to minimize the regulatory effects of an insurer’s actions to provide policyholder relief, specifically for financial review requirements. The term “suspension” is not intended to mean the forgiveness of the premium. Automatic bank drafts for premium payments may continue according to a carrier’s written agreement with a policyholder, unless a policyholder notifies a carrier of a specific hardship. This should be weighed against the potential disruption to a carrier’s business model or the inconvenience caused to the policyholder by multiple payments. It is TDI’s expectation that carriers will work directly with policyholders to resolve issues and minimize the effects of any penalties or additional charges. https://www.tdi.texas.gov/bulletins/2020/B-0007-20.html | 1/14/21 Commissioner's Bulletin No. B-0003-21 Workers' compensation insurers are notified that the Commissioner has extended the submission deadlines for claims and payment data related to COVID-19 claims to January 29, April 30, and July 30, 2021. 6/2/20 Commissioner's Bulletin #B-0029-20 The Division of Workers Compensation has issued a mandatory data call for certain information related to COVID-19 injuries reported to selected insuranc carriers on or after December 1, 2019. 4/9/20 Bulletin No. B-0018-20 The Department is waiving the requirement that domestic insurers file a CGAD by June , 2020. | 9/30/20
The Department has extended the period within which insurers may make financial filings without sworn statements, affidavits, and notarizations from September 30 to December 31, 2020. 4/21/20 Commissioner's Bulletin # B-0022-20 TDI has received complaints about insurers not fulfilling the requirements related to notices of material change. The bulletin provides guidance to insurers regarding compliance with the requirements. Insurers are encouraged to report any suspected violations. Self-reporting may be considered as a mitigating factor in any potential disciplinary action. 4/17/20 The Department is permitting financial filings to be made without a sworn statement, affidavit, or notarization, as applicable, through April 30, 2020. The list of filings to which this permission applies is available on the Department website. In addition, the Department is also permitting a number of filings to be made without fingerprints. https://www.tdi.texas.gov/financial/modified-filing-requirements.html | 12/18/20 The Department extended the deadlines for some financial filings. The Department will also allow companies to electronically submit filings until March 31, 2021 without requiring compliance with the sworn statement, affidavit and notarization requirements. 7/29/20 The Department has extended the time during which financial filings can be submitted to the Department without sworn statements, affidavits and notarizations to September 30. 6/29/20 The Department has extended the time during which financial filings can be submitted to the Department without sworn statements, affidavits and notarizations to July 31. 6/2/20 The Department has extended the deadlines for making certain financial filings, as listed on the department website. 5/1/20 The department has extended a number of deadlines for financial filings, as listed on the department website. 4/17/20 The Department has extended a number of financial filing deadlines. The complete list of extended deadlines is available on the Department's website. https://www.tdi.texas.gov/financial/modified-filing-requirements.html 3/25/20 Commissioner's Bulletin #B-0011-20 The filing deadline for escrow audit reports has been extended 45 days. Also, title agents may submit escrow audit reports electronically instead of by certified mail. Send them to TitleExaminations@tdi.texas.gov. https://www.tdi.texas.gov/bulletins/2020/B-0011-20.html 3/9/20 Commissioner's Bulletin #B-0009-20 The Department has posted modified deadlines for filings and posted them at the link below: https://www.tdi.texas.gov/bulletins/2020/B-0009-20.html | 11/17/20 Notice The Department will permit insurance adjuster licenses to be taken online. 7/6/20 The Department will continue to issue temporary insurance licenses during the COVID-19 pandemic. 6/15/20 Update Beginning August 15, the Department will return to normal processing for temporary licenses. The bulletin provides guidance and deadlines to obtain a temporary license and convert such a license into a regular license. A temporary license requires a $150 fee. 5/18/20 Bulletin The Department will end the COVID-19 extension of resident licenses on May 31. Agents and adjusters whose license expired in March, April, or May must complete their continuing education hours and payment by May 31. 5/11/20 Commissioner's Bulletin #B-0026-20 Provides the responsibilities of sponsors of licensees who have been granted a temporary producer's license during the COVID-19 pandemic. 4/22/20 Notice The DOI recently authorized Pearson Vue to resume agent testing at some sites provided it adheres to social distancing guidelines. Applicants who pass an exam but are unable to obtain fingerprints due to the COVID-19 pandemic should apply for a temporary license. The DOI will upgrade the license to a regular license after it receives and approves the fingerprints. 3/24/20 Commissioner's Bulletin #B-0008-20 Most testing and fingerprinting facilities are closed due to the coronavirus outbreak. To address that issue, TDI will: - Issue temporary agent licenses, without required testing or additional fees. All training can be completed online, and fingerprints will be submitted later. - Temporary applications should be submitted online. Paper applications will not be accepted. - Temporary licenses will remain active until further notice. - Waive the additional $100 fee for a temporary license. - Issue only emergency adjuster licenses until testing and fingerprinting sites reopen. For those with licenses set to expire in March or April, TDI will: - Extend the time to renew a license by two months and waive late fees. - Allow agents more time to complete continuing education and waive continuing education fines. https://www.tdi.texas.gov/bulletins/2020/B-0008-20.html | 4/17/20 Commissioner's Bulletin #B-0021-20 Insurers are encouraged to allow insurance applicants or policyholders who have experienced a qualifying event, such as a job loss, due to the COVID-19 pandemic to request a credit score use exception verbally instead of in writing. 3/25/20 Commissioner's Bulletin #B-0009-20 Submit all financial filings electronically to the email address listed on the modified filings chart. The chart also lists extended deadlines. If the financial filing requires a payment by check, you may submit it without payment. TDI will contact you later. You may submit financial filings with electronic signatures and without sworn statements, affidavits, or notarization, and TDI will contact you later. You may submit financial filings without fingerprints, and TDI will contact you later. https://www.tdi.texas.gov/bulletins/2020/B-0009-20.html 3/25/20 Commissioner's Bulletin #B-0011-20 Because of the reduced number of staff who are now working at title agent offices, TDI will not enforce the Internal Control #5 requirement that escrow checks have two signatures. Instead, you may use a single escrow officer’s signature. You may submit filings with electronic signatures and without sworn statements, affidavits, or notarization, and TDI will contact you later. https://www.tdi.texas.gov/bulletins/2020/B-0011-20.html 3/25/20 Commissioner's Bulletin #B-0010-20 Workers’ compensation insurance carriers must continue or begin authorizing payments to pharmacies up to a 90-day supply for any prescription medication, subject to the remaining number of days authorized by the prescribing provider, regardless of the date the prescription was most recently filled. https://www.tdi.texas.gov/bulletins/2020/B-0010-20.html | 8/10/20 Extension of Emergency Telemedicine Rule Health care providers licensed to perform physical medicine and rehab services are authorized to bill and be reimbursed for services currently allowed under CMS telemedicine and telehealth billing codes. 4/13/20 Chapter 167 Emergency Adopted Rules The emergency rule creates an exception to current CMS distant site practitioner requirements. This rule allows health care providers licensed to perform physical medicine and rehabilitation services, including physical therapists, occupational therapists, and speech pathologists to bill and be reimbursed for services currently allowed under CMS telemedicine and telehealth billing codes. Health care providers must bill for telemedicine or telehealth services using the same billing, coding, reporting, and documentation requirements used for in-person services and include a place of service code "02 - telehealth" on the bill. Services will be reimbursed at DWC's fee schedule rate or network contracted rate, whether provided in person or through telemedicine or telehealth. An originating site facility fee is not eligible for eimbursement. 3/17/20 Commissioner's Order No. 2020-6287 Health benefit plans must provide coverage for a covered health care service or procedure delivered by a preferred or contracted health professional to a covered patient as a telemedicine medical service or telehealth service on the same basis and to the same extent that the plan provides coverage for the service or procedure in an in-person setting. A health benefit plan must reimburse a preferred or contracted health professional for providing a covered health care service or procedure to a covered patient as a telemedicine medical service or telehealth service on the same basis and at least at the same rate that the plan is responsible for reimbursement to that health professional for the same service or procedure in an in-person setting. A health benefit plan is not required to pay more than the billed charge on a claim. Except as provided by Insurance Code §1455.004(c), to the extent §1455.004(c) is not suspended, a health benefit plan may not limit, deny, or reduce coverage for a covered health care service or procedure delivered as a telemedicine medical service or telehealth service based on the health professional's choice of platform for delivering the service or procedure. For purposes of processing payment of a claim, a health benefit plan may not require a health professional to provide documentation of a health care service or procedure delivered as a telemedicine medical service or telehealth service beyond what is required for the same service or procedure in an in-person setting. https://www.tdi.texas.gov/rules/2020/documents/20206287.pdf | 3/31/20 The Department requests P&C insurers filing changes to policies that provide more coverage or relief to policyholders impacted by COVID-19 email or call its office so that the filing can be quickly flagged and reviewed. 3/30/20 Division of Workers' Comp Operational Changes The Division issued a letter detailing operational changes during the COVID-19 pandemic: - Submission of filings without checks - Submission of filings and consent orders by fax or electronic signatures (without swon statements, affidavits, or notarization); - Use of electronic carrier representative boxes; - Waiver of signature requirements; | 10/07/20 Executive Order GA-32 Establishes occupancy limits for businesses and provides exceptions for for certain businesses, including services listed by the US Department of Homeland Security's Cybersecurity and Infrastructure Security Agency's Guidance on the Essential Critical Infrastructure Workforce Version 4.0 or any subsequent version. Occupancy is limited to 75 percent of the permitted amount unless the business is in a high hospitalization area (defined as an area where COVID-19 patients exceed 15 percent of the total hospital capacity for seven consecutive days). Businesses in high hospitalization areas are limited to 50 percent occupancy. 3/31/20 Executive Order GA 14 The insurance industry is considered essential critical infrastructure and its workers are exempt from the travel related quarantine requirements of Executive Orders GA-11 and GA-12. Members of the insurance industry should carry a letter from their employer identifying them as an employee and stating that they are traveling for business purposes. The executive order takes effect on April 2. | 4/15/20 Bulletin No. 0020-20 Encourages insurers to conduct midterm premium audits of commercial policies whose premiums need to be adjusted due to reduced business operations caused by the COVID-19 pandemic. Insurers may also allow policyholders to self-audit their policies. | 3/19/20 Commissioner's Bulletin #B-0005-20 TDI specifically encourages insurers to consider the following actions related to prevention, testing, and treatment of COVID-19: Waive copayments, co-insurance, and deductibles for COVID-19 testing that is consistent with guidance issued by the Centers for Disease Control and Prevention (CDC). This includes the cost of the visit to get the test and related testing services. Waive consumer cost-sharing and facilitate expanded use of telemedicine. Cover necessary medical equipment, supplies, and services. Waive penalties, restrictions, and claims denials for necessary out-of-network services. Waive requirements for preauthorization, referrals, notification of hospital admission, or medical necessity reviews for care consistent with CDC guidance. Allow extra time for health providers and facilities to file claims. Authorize payment to pharmacies for up to a 90-day supply of any prescription medication for individuals, regardless of when the prescription was filled. https://www.tdi.texas.gov/bulletins/2020/B-0005-20.html | 9/14/20 NCCI's filing related to amendments to the NCCI manuals, Item E-1407 - Exclusion of COVID-19 Claims from Experience Rating and Merit Rating, was approved by the Department and shall apply to experience rating modifications with rating effective dates of August 16, 2020 or later. The amendments revise rules related to excluding claims attributable to the COVID-19 pandemic as an extraordinary loss event. 6/26/20 Order No. 2020-6373 Approves NCCI filing Item U-1401-Nature and Cause of Injury Codes for COVID19 (Coronavirus) Claims. The changes apply to new and renewed policies effective for COVID-19 claims with accident dates on or after December 1, 2019. 4/10/20 Bulletin # B-0019-20 Governor Abbot has suspended 10-day testing requirements with regard to workers' compensation as symptoms of COVID-19 exposure may take over 10 days to manifest, strict compliance with these laws could prevent, hinder, or delay state efforts to provide workers' compensation coverage for emergency ressponders. 3/29/20 The Texas Division of Workers' Compensation's injury code tables have been updated to accept new code values related to the COVID-19 crisis. The Division asks that trading partners update their Claims EDI reporting systems to report cause of injury code 83 - Pandemic in DN037 and nature of injury code 83 - COVID-19 in DN035 as soon as is practical. All COVID-19 related Claim EDI reports should contain the key word "COVID-19" in the narrative description in DN038. 3/23/20 Commissioner's Bulletin #B-0007-20 Taken together, the Governor’s suspension and the Commissioner’s declaration have the effect of extending claim-handling deadlines imposed by the state’s prompt payment laws for an additional 15 days to help carriers respond to the COVID-19 outbreak. https://www.tdi.texas.gov/bulletins/2020/B-0007-20.html | |||||||
45 | Utah | 6/10/20 Bulletin No. 2020-7 Health insurer driven changes to rating assumptions will be alloed up until August 3, 2020. Issuers are not required to update their rates, but are allowed that flexibility. The Department will evaluate insurer assumptions and rates between August 3 and August 7 to determine if there are any market outliers or inconsistencies. 3/17/20 Bulletin 2020-1 Health insurers should make all necessary and useful information available on their website. https://insurance.utah.gov/wp-content/uploads/2020-1Signed.pdf | 6/10/20
Bulletin No. 2020-7 The Department has provided clarification regarding the timelines of certain filings. | 4/30/20 Bulletin 2020-8 The Department requests insurers recognize methods of proving ownership of vehicles other than registrations. In cases where an expired registration may serve as a basis for denying a claim, insurers are asked to be flexible. Carriers should continue to provide a record of each policy on its entire book of business, regardless of whether the insured vehicle is registered. 3/17/20 Bulletin 2020-1 Health insurers are encouraged, where appropriate, to allow insureds to obtain one-time refills of prescription medications before a scheduled refill date, so that insrueds are assured of maintaining an adequate supply. https://insurance.utah.gov/wp-content/uploads/2020-1Signed.pdf | 5/12/20 Bulletin 2020-11 The Department has provided guidance regarding the proper billing codes to be used in association with telehealth services. 4/13/20 Emergency Rule R612-300 Filing No. 52666 Establishes telemedicine reimbursement rates for medical providers treating injured workers due to the COVID-19 pandemic. 3/17/20 Bulletin 2020-1 Health insurers are asked to review and ensure their telehealth provider network is robust and will be able to meet an increased demand. https://insurance.utah.gov/wp-content/uploads/2020-1Signed.pdf | 3/26/20 Bulletin 2020-03 Utah law does not prohibit workers' compensation carriers from suspending premium payments by the closed-but-paying employers. The Insurance Commissioner expects that a carrier will exercise sound business and actuarial judgment in deciding whether or not to receive premium under these circumstances. Regardless of the decision, all reporting requirements of the National Council on Compensation remain in effect. Any domestic carrier that elects not to receive premium should notify Jake Garn in the Insurance Department's Financial Regulation and Licensing Division (801-538-3811 or jwgarn@utah.gov). https://insurance.utah.gov/wp-content/uploads/2020-3Signed.pdf | 8/12/20 The Families First Coronavirus Response Act requires coverage for the cost of administering COVID-19 testing and related office visits and emergency room services as determined by the attending healthcare provider. 5/13/20 Bulletin 2020-13 The FFCRA requires coverage for the cost of administering COVID-19 testing (in vitro diagnostic, including serological tests) and related office visits and emergency room services as determined by the attending healthcare provider. Testing costs must be covered without imposing any cost-sharing, including deductibles, coinsurance, copayment requirements, prior authorization, or medical management requirements. Testing coverage is required regardless of whether the services are provided during an in-person office visit with a health care provider, a telehealth visit, an urgent care center visit, or an emergency room visit. 3/17/20 Bulletin 2020-1 The Department encourages all health insurers to remove barriers for insureds seeking medically necessary screening and testing for COVID-19 by waiving any cost-sharing for CDC recommended lab testing, in-network provider office visits, urgent care center visits, telehealth visits, and emergency room visits when the purpose of such visit is to be tested for COVID-19. https://insurance.utah.gov/wp-content/uploads/2020-1Signed.pdf | 5/13/20
Bulletin 2020-13 The FFCRA requires coverage for the cost of administering COVID-19 testing (in vitro diagnostic, including serological tests) and related office visits and emergency room services as determined by the attending healthcare provider. Testing costs must be covered without imposing any cost-sharing, including deductibles, coinsurance, copayment requirements, prior authorization, or medical management requirements. Testing coverage is required regardless of whether the services are provided during an in-person office visit with a health care provider, a telehealth visit, an urgent care center visit, or an emergency room visit. 3/17/20 Bulletin 2020-1 If a health insurer does not have health care providers within its network with the appropriate training and experience to meet the particular health care needs of insureds, health insurers are asked to make exceptions to provide access to out-of-network provers at the in-network cost-sharing. These same precautions should be taken if a health insurer's networkds do not have adequate access to COVID-19 tests. https://insurance.utah.gov/wp-content/uploads/2020-1Signed.pdf | 5/13/20
Bulletin 2020-13 The FFCRA requires coverage for the cost of administering COVID-19 testing (in vitro diagnostic, including serological tests) and related office visits and emergency room services as determined by the attending healthcare provider. Testing costs must be covered without imposing any cost-sharing, including deductibles, coinsurance, copayment requirements, prior authorization, or medical management requirements. Testing coverage is required regardless of whether the services are provided during an in-person office visit with a health care provider, a telehealth visit, an urgent care center visit, or an emergency room visit. 3/23/20 Bulletin 2020-2 The Department urges insurers to promptly process and pay claims related to earthquake or COVID-19 - particularly claims for business interruption losses - to minimize the impact to insureds. Further, the Insurance Commissioner encourages insurers to contact the Department whenever it can be of assistance in handling such claims. https://insurance.utah.gov/wp-content/uploads/2020-2Signed.pdf 3/17/20 Bulletin 2020-1 Health insurers are asked to waive any prior authorization or pre-certification requirements associated with COVID-19 testing or treatment. Additionally, health insurers are expected to comply with the requirements for pre-authorizations in s. 31A-22.650. https://insurance.utah.gov/wp-content/uploads/2020-1Signed.pdf | 6/25/20 HB 5006 Modifies the definition of first responder and moves provisions pertaining to coverage for first responders diagnosed with COVID-19 from the Workers' Compensation Act to the Occupational Disease Act. 6/25/20 HB 5003 Clarifies that local governments are immune from liability for COVID-19 related claims. 5/4/20 SB 3007a Provides civil immunity to businesses for any damages resulting from an exposure of an individual to COVID-19 while on the premises of that business or during an activity managed by the business. 4/22/20 HB 3007 Creates a rebuttable presumption that first responders and healthcare workers who contract COVID-19 acquired the illness in the course of their employment. The bill makes coverage retroactive to March 21, 2020, and sunsets on June 1, 2021. The first responder or healthcare worker must provide a positive laboratory test or be positively diagnosed by a doctor to be eligible for coverage under the bill. 4/21/20 SB 3002 Provides limited immunity during a major public health emergency for health care, including the use of certain treatments, creates limited immunity for health care providers who provide an investigational drug or device, and amends the Utah Right to Try Act to permit the use of certain investigational drugs and devices. | 4/14/20 The Utah Legislature announced that it is calling a special session to convene on April 16, 2020, regarding COVID-19-related issues. | |||||||||
46 | Vermont | 3/23/20 The DFR encourages insurance carriers to be flexible with premium payment plans and premium deposit requirements for businesses that are temporarily closed due to COVID-19 mitigation actions. If carriers can delay/reduce premium payments, this action may assist insureds in keeping their policy active during their temporary shutdown. 3/23/20 The Department of Financial Regulation requests that all insurance companies provide their policyholders with a reasonable grace period to pay insurance premiums to avoid policies being cancelled for nonpayment of premium due to the COVID-19 public health emergency. | 5/13/20 Bulletin 211 (Revised #2) The views expressed in Bulletin 211 shall remain in effect for the duration of the emergency. 5/13/20 Bulletin 210 (Revised #3) The Bulletin is intended to ensure that health insurance plans continue to provide access to prescription drugs during the COVID-19 pandemic, as provided in Bulletin 210. The Bulletin shall remain in effect for the duration of the emergency. 3/20/20 Insurance Bulletin #210 The Department is directing insurers to make at least a 30-day supply of medication available to members refilling their prescriptions. The Department encourages, but does not require, that insurers make available a larger-than-30-day supply when appropriate. Narcotic and specialty medications as well as short-term prescriptions (such as antibiotics) shall continue to be subject to each insurer’s standard refill policy. The Department encourages insurers and PBMs to work with retail pharmacies to offer home delivery services and to expand use of mail-order pharmacy services. Pharmacists writing “COVID-19” or substantially similar language on a prescription shall be equivalent to receiving a patient signature; in such a case, the delivery person need not seek a patient signature. https://dfr.vermont.gov/reg-bul-ord/covid-19-prescription-drug-refills 3/20/20 Insurance Bulletin #211 The Department is directing insurers and pharmacy benefit managers (PBMs) to suspend all routine provider audits. Insurers and PBMs remain able to conduct audits to prevent and detect ongoing fraud or other current activities that may violate Vermont statutes or regulations. https://dfr.vermont.gov/reg-bul-ord/covid-19-suspension-routine-provider-audits-insurers | Emergency Rule H-2020-02-E Requires workers' compensation carriers to provide coverage of health care services delivered through telehealth, telephone, or store and forward means. The emergency regulation is in effect for the duration of the state of emergency. | 3/18/20 Workers Comp & Safety Division Memo The Division has relaxed certain requirements and procedures in response to the COVID-19 crisis. https://labor.vermont.gov/sites/labor/files/doc_library/Temporary%20Changes%20being%20made%20in%20handling%20of%20workers%27%20compensation%20claims%20in%20response%20to%20the%20COVID-19%20Pandemic.pdf DFR staff have been directed to work remotely from home, and will continue to do so until further notice. The department is still conducting business, however the remote nature of our work may cause some temporary disruptions or delays in DFR services. https://dfr.vermont.gov/industry/insurance | 4/10/20 Guidance on Premium Relief Insurer plans for providing premium relief should be filed on SERFF and the Department will expedite their review, usually within one day. The Guidance document provides directions for making the filing. | 7/21/20 Bulletin 214 Provides that testing for COVID-19, office, and hospital charges shall be provided without member cost-sharing. Provides specific procedure and diagnosis codes subject to the requirement. 3/6/20 Insurance Bulletin #209 The Department directs insurers to cover any medically necessary COVID-19 testing performed by the CDC, the Vermont Department of Health, or a lab approved by CDC or VDH, with no co-payment, coinsurance, or deductible requirements for members. This includes in-network provider office or urgent care visits and emergency services visits to test for COVID-19. If in-network providers are unavailable to conduct testing for COVID-19, insurers must cover out-of-network testing on the terms outlined above, consistent with Department Regulation 2009-03. https://dfr.vermont.gov/reg-bul-ord/access-covid-19-testing | 11/9/20 Bulletin 218 The Department has directed the NCCI to creat a "state special" rule to exclude from payrol any lump sum grant awards paid to eligible employees under the Front-Line Employees Hazard Pay Grant Program created by Act 136 of 2020. This is an exception to the general rule that government benefits are included in payroll. 5/18/20 Memo No IME shall be conducted unless the independent medical examiner (including those out of state) is able to demonstrate compliance with the guidance the Vermont Health Department has established for outatient visits. Failure to do so shall excuse the claimant from attending. 3/20/20 Emergency Rule H-2020-01-E Health insurers shall allow for individual health care providers to deliver and be reimbursed for services provided across health care settings as needed to respond to Vermonters’ evolving health care needs, including, but not limited to relaxing provider credentialing requirements for physicians or other health care professionals who hold a license in another State and provide health care services to or on behalf of patients in Vermont, either in person or remotely, by means of telemedicine or otherwise, and with respect to other health care professionals who have been issued provisional or temporary Vermont licensure during the COVID-19 State of Emergency. A health insurer shall not refuse, because of lack of credentials, to pay claims submitted by providers credentialed within a health care organization but not at that health care organization’s location where the service was provided or at a location not in that health care organization. https://dfr.vermont.gov/reg-bul-ord/suspension-credentialing-verification-practices | 7/13/20 SB 342 Governor Scott has signed SB 342 which creates a presumption of coverage under workers compensation policies for COVID-19 claims. 4/28/20 SB 114 Provides for remote recording of powers of attorney and suspends all statutes of limitations or repose for commencing civil actions that would otherwise expire during the duration of any state of emergency declared by the Governor arising from the spread of COVID-19 are tolled until 60 days after the Governor terminates the state of emergency by declaration. | 6/29/20 SB 342 Establishes a presumption that a worker that suffers a COVID-19 related injury did so in the course of employment. The bill has passed both houses and awaits the Governor's signature. 4/21/20 SB 342 Provides a rebuttable presumption that a COVID-19 related injury suffered by public safety personnel and health care workers is compensable under worker's compensation coverage. | ||||||||||
47 | Virginia | 3/27/20 The Bureau encourages insurers to consider taking the following actions, consistent with prudent insurance practices: - Relaxing due dates for premium payments, extending grace periods, waiving late fees and penalties, and allowing payment plans for premium payments to otherwise avoid a lapse in coverage. - Considering cancellation or non-renewal of policies only after exhausting all other reasonable efforts to work with policyholders to continue coverage. | 4/14/20 Administrative Letter 2020-02 The hard copy filing and notary requirements are temporarily waived. The Brueau will accept electronic filings and signatures. Insurance companies should keep a list of all filings that were made electronically in lieu of hard copy filings so that they can file all the hard copies within 60 days after the end of the COVID-19 crisis in Virginia. | 4/14/20 Administrative Letter 2020-02 The Bureau will consider granting insurers an additional 30 or 60 days to complete the filings listed in teh Administrative Letter, but insurance companies must request this extension in writing prior to the filing deadline. The Bureau reserves the right to reject a company's extension request based upon the financial ocndition and unique circumstances of a specific company. | 5/11/20 Notice Insurers are encouraged to be flexible and take into consideration the hardships and constraints individuals and business are experiencing during the COVID-19 emegency and to relax requirements for insureds to make their replacement cost claims after ACV payments are made. 4/21/20 Notice The Bureau of Insurance permitting surety companies to implement digital signatures during the COVID-19 crisis, along with a Surety Bond Seal Addendum which contains an electronic corporate seal setting out a required statement provided by the Notice. 3/23/20 Neither CMS nor the Virginia Bureau of Insurance (the Bureau) will take an enforcement action against a carrier if they provide additional coverage to change benefits or cost-share structures of their catastrophic policies to provide pre-deductible coverage for services associated with the diagnosis and/or treatment of COVID-19. Such a change in benefits or cost-share structures to provide a better benefit will not require approval of any such amendment, but if provided, must be done in a uniform manner for all catastrophic plan enrollees. The Bureau encourages carriers to communicate such additional coverage to enrollees. https://www.scc.virginia.gov/boi/pubs/covidCatPlans.pdf 3/20/19 The Bureau of Insurance cannot unilaterally modify statutory or regulatory requirements, but will take the COVID-19 emergency into consideration if a compliance issue arises as a result of the pandemic. | 4/14/20
Administrative Letter 2020-02 The Bureau will conduct all schedule examinations remotely until further notice. The examiner-in-charge of the examination will work with the insurance company being examined to determine the most efficient manner to conduct the examination. The Bureau in most instances will need to request more information in electronic format to complete these examinations. The SCC is directing all business with the Commission to be handled through electronic filing systems, email, or by telephone. The COVID-19 epidemic has reduced on-site staffing. In-person visits to SCC offices are temporarily suspended. If you must make filings or other deliveries, drop offs are permitted. The processing of any such may be delayed. https://www.scc.virginia.gov/boi/ | 3/23/20 Executive Order 53 Insurance companies are considered to offer professional rather than retail services and may remain open but should utilize teleworking as much as possible. | 5-5-20 Insurance Order No. 12099 The Commissioner has approved an application for an amendment to the Virginia Automobile Insurance Plan Manual providing for a 15% premium credit for personal auto policies in-force in April 2020 and May 2020. 4/7/20 Notice All P&C insurers should consider making rate filings that provide temporary relief to insureds during the COVID-19 public health emergency. These filings may include premium discounts for specific perils or coverages, as well as any other appropriate reduction in premium commensurate with the reduced exposure, such as reduced driving, reduced liability, or reduced property exposures. Insurers writing private passenger automobiles may also use their suspension of insurance rule/form to accommodate insureds who are not using one or more their vehicles. Insurers whose filed rules provide that credit scores will be obtained more frequently than the three years provided in §§ 38.2-2126 and 38.2-2234 of the Code of Virginia, should consider altering the frequency of obtaining insurance credit scores for the duration of the pandemic. The P&C Rule, Rate and Forms Sections of the Bureau of Insurance will make every effort to expedite any COVID-19 related filings to the extent permitted by law. Please indicate “COVID-19” in the product name field in SERFF to indicate the filing is related to COVID-19. This communication only applies to file and use rates subject to Chapter 19 of Title 38.2. | 12/11/20 Amended Executive Order 60 Clarifies that Virginia statutes protect healthcare workers, hospices, home care organizations, private providers, assisted living facilities, and adult day care centers from civil liability during the COVID-19 crisis, including acts or omissions relating to the COVID-19 vaccines. However, the statutes do not provide a shield against civil liability relating to acts of gross negligence or willful misconduct. 6/8/20 Insurance Order No. 12108 The Bureau has approved the NCCI application for revisions t the manual of rules, classifications and rates for writing workers' comp insurance. 4/28/20 Executive Order No. 60 Clarifies certain statutory terms so as to ensure healthcare providers are afforded immunity from liability related to their actions taken in response to the COVID-19 crisis. The Bureau encourages insurers to continue to adjust/process claims during this public health emergency as expeditiously as possible and to utilize all possible methods of adjusting claims remotely, such as telephone, mail, and mobile applications while striving to meet normal time frames in place for adjusting/processing claims whenever possible. The Bureau also recognizes that some claims must be adjusted in person and that strict adherence to normal time frames may not be possible because of staffing and social distancing due to the COVID-19 public health emergency. However, once an insurer has received the necessary supporting documentation on a claim, the insurer must issue the claim payment or properly deny the claim without delay. While the Bureau is not able to unilaterally modify statutory requirements or those in the Administrative Code, it also understands the extenuating circumstances presented by these recent events and will take such circumstances into account if a subsequent compliance issue arises https://www.scc.virginia.gov/boi/pubs/covidUCSP.pdf | 10/13/20 HB 5059 Effective immediately, the legislation provides civil immunity for hospices, home care organizations, private providers, assisted living facilities, and adult day care centers during the COVID-19 state of emergency. | ||||||||||
48 | Washington | 11/23/20 Bulletin 2020-06 (#6) Extends the duration of Emergency Order 20-06 until December 24, 2020. 11/23/20 Bulletin 2020-01 (#9) Extends the duration of Emergency Order 20-01 until December 24, 2020. 10/23/20 Bulletin 2020-06 (#5) Extends the duration of Emergency Order 20-06 until November 24, 2020. 10/23/20 Bulletin 2020-01 (#8) Extends the duration of Emergency Order 20-06 until November 24, 2020 10/20/20 Notice The Division has issued a notice informing insurers that orders and bulletins tied to the COVID-19 emergency have been extended to December 31, 2020, in accordance with Mayor Bowser's Order 2020-103, which extended the emergency to December 31, 2020. 9/14/20 Bulletin 2020-02 (#6) Bulletin 2020-02 (described below) has been extended until October 14, with the exception of the provisions relating to provision of a grace period for payment of premiums. 5/9/20 The mandatory grace periods for nonpayment of premium and moratoria on cancellations expired. 3/25/20 Emergency Order No. 20-05 Between March 25, 2020 and May 9, 2020: - All regulated entities transacting any property & casualty business shall provide grace periods for nonpayment of premium and shall waive otherwise applicable charges and fees associated with nonpayment of premium, such as late fees and reinstatement fees; and - No property and casualty insurer shall cancel a policy issued for nonpayment of premium, unless specifically directed to do so by the insured. https://www.insurance.wa.gov/sites/default/files/documents/emergency-order-20-03_0.pdf 3/24/20 Emergency Order No. 20-02 Regulated Entities must allow a grace period for payment of premiums no less than sixty (60) days. If a Regulated Entity chooses to allow a grace period longer than sixty days, such grace period must be applied uniformly to all health plans and to all enrollees within any given health plan. Any communication from Regulated Entities addressed to enrollees during the grace period must clearly state the enrollee’s obligation to pay back premiums or potentially be subject to billing from health care providers for unpaid claims, and must clearly state the Regulated Entity’s obligations during the grace period, in light of the state of emergency and emergency orders issued by the Governor or the Office of the Insurance Commissioner. https://www.insurance.wa.gov/sites/default/files/documents/emergency-order-20-02_3.pdf | 10/20/20 Notice The Division has issued a notice informing insurers that orders and bulletins tied to the COVID-19 emergency have been extended to December 31, 2020, in accordance with Mayor Bowser's Order 2020-103, which extended the emergency to December 31, 2020. 6/26/20 Emergency Order 20-05 Altered reporting requirements for collectiing withheld depreciation payments during the COVID-19 pandemic will remain in effect until July 25. The OIC has issued a special data call regarding business interruption and related commercial coverage written in Washington state. Responses are required to be submitted to Policy@oic.wa.gov by April 1, 2020. | Administrative Letter 2020-02 | 4/20/20 WSR 20-09-126 Washington has issued an emergency regulation to facilitate producer licensing activities due to COVID-19. The rules ensure that individusal currently engaged in the licensing process can successfully complete the producer licensing process by extending deadlines in the process and enabling the ability for education courses to be efficiently converted to online course by removing wait periods. | 10/20/20
Notice The Division has issued a notice informing insurers that orders and bulletins tied to the COVID-19 emergency have been extended to December 31, 2020, in accordance with Mayor Bowser's Order 2020-103, which extended the emergency to December 31, 2020. 9/25/20 Bulletin 2020-01 (#7) Extends Emergency Order 2020-01 until October 25 2020. 8/28/20 Bulletin 2020-01 (#6) Extends Emergency Order 2020-01 until September 27, 2020. 3/5/20 Emergency Order No. 20-01 Health carriers are ordered to allow enrollees to obtain a one-time refill of their covered prescription medications prior to the expiration of the waiting period between refills so that enrollees can maintain an adequate supply of necessary medication. Carriers may take into consideration patient safety risks associated with early refills for certain drug classes, such as opioids, benzodiazepines and stimulants. https://www.insurance.wa.gov/sites/default/files/documents/emergency-order-number-20-01.pdf | 10/20/20
Notice The Division has issued a notice informing insurers that orders and bulletins tied to the COVID-19 emergency have been extended to December 31, 2020, in accordance with Mayor Bowser's Order 2020-103, which extended the emergency to December 31, 2020. 3/25/20 Proclamation 20-29 Health carriers are prohibited from reimbursing in-network providers for telemedicine claims for medically necessary covered services at a rate lower than the contracted rate that would be paid if the services had been delivered in-person. Denying a telemedicine claim from an in-network provider for a medically encessary covered service due to an existing provider contract term with that provider that denies reimbursement for services provided through telemedicien is prohibited. Establishing requirements for the payment of telemedicine services that are inconsistent with the emergency orders, rules or technical advisories to carriers issued by the Office of the Insurance Commissioner is prohibited. https://www.governor.wa.gov/sites/default/files/proclamations/20-29%20Coronovirus%20OIC%20%28tmp%29.pdf 3/24/20 Emergency Order No. 20-02 All regulated entities shall allow in-network providers to use non-HIPAA compliant communication platforms to provide patient care, to the extent that 1) the provider and their patient are not already using a HIPAA compliant platform, or 2) the regulated entity is not making HIPAA compliant platforms available to all in-network providers, or 3) the use of a HIPAA compliant platform offered by the regulated entity is not readily and easily available to the provider or enrollee. All Regulated Entities shall treat the use of audio-only telephone as telemedicine, despite contrary language in RCW 48.43.735(8)(g). https://www.insurance.wa.gov/sites/default/files/documents/emergency-order-20-02_3.pdf | Insurance companies are considered an essential business and are therefore exempt from the governor's stay at home order. https://coronavirus.wa.gov/whats-open-and-closed/essential-business | 4/7/20 The Commissioner has urged all insurers to consider refunding auto insurance premiums to their policyholders since most are driving less. | 10/23/20 Bulletin 2020-06 (#5) Extends the duration of Emergency Order 20-06 until November 24, 2020. 10/23/20 Bulletin 2020-01 (#8) Extends the duration of Emergency Order 20-06 until November 24, 2020 10/20/20 Notice The Division has issued a notice informing insurers that orders and bulletins tied to the COVID-19 emergency have been extended to December 31, 2020, in accordance with Mayor Bowser's Order 2020-103, which extended the emergency to December 31, 2020. 9/25/20 Bulletin 2020-01 (#7) Extends Emergency Order 2020-01 until October 25 2020. 8/28/20 Bulletin 2020-01 (#6) Extends Emergency Order 2020-01 until September 27, 2020. 3/24/20 Emergency Order No. 20-02 All Regulated Entities shall cover prior to application of any deductible and without costsharing diagnostic test panels for influenza A & B, norovirus and other coronaviruses, and respiratory syncytial virus (RSV), when any of this testing is determined medically necessary by the enrollee’s health care provider, and when billed in conjunction with a COVID-19 related diagnosis code. https://www.insurance.wa.gov/sites/default/files/documents/emergency-order-20-02_3.pdf 3/5/20 Emergency Order No. 20-01 Health carriers are ordered to cover, prior to application of any deductible and with no cost sharing, the health care provider visit and FSA-authorized COVID-19 testing for enrollees who meet the CDC criteria for testing, as determined by the enrollee's health care provider. https://www.insurance.wa.gov/sites/default/files/documents/emergency-order-number-20-01.pdf | 10/23/20 Bulletin 2020-06 (#5) Extends the duration of Emergency Order 20-06 until November 24, 2020. 10/23/20 Bulletin 2020-01 (#8) Extends the duration of Emergency Order 20-06 until November 24, 2020 10/20/20 Notice The Division has issued a notice informing insurers that orders and bulletins tied to the COVID-19 emergency have been extended to December 31, 2020, in accordance with Mayor Bowser's Order 2020-103, which extended the emergency to December 31, 2020. 9/25/20 Bulletin 2020-01 (#7) Extends Emergency Order 2020-01 until October 25 2020. 8/28/20 Bulletin 2020-01 (#6) Extends Emergency Order 2020-01 until September 27, 2020. 3/5/20 Emergency Order No. 20-01 If a carrier has an insufficient number or type of providers in their network to provide testing and treatment of coronavirus disease 2019 (COVID-19), the carrier must ensure that the enrollee obtains the covered service from a provider or facility within reasonable proximity of the enrollee at no greater cost than if the provider were in-network. https://www.insurance.wa.gov/sites/default/files/documents/emergency-order-number-20-01.pdf | 10/23/20 Bulletin 2020-06 (#5) Extends the duration of Emergency Order 20-06 until November 24, 2020. 10/23/20 Bulletin 2020-01 (#8) Extends the duration of Emergency Order 20-06 until November 24, 2020. 10/20/20 Notice The Division has issued a notice informing insurers that orders and bulletins tied to the COVID-19 emergency have been extended to December 31, 2020, in accordance with Mayor Bowser's Order 2020-103, which extended the emergency to December 31, 2020. 9/25/20 Bulletin 2020-01 (#7) Extends Emergency Order 2020-01 until October 25 2020. 4/27/20 Emergency Order No. 20-05 All insurers and regulated persons and entities that have deadlines requiring policyholders to report completed repairs in order to claim withheld depreciation payments that expired or will expire between February 29, 2020 and June 26, 2020, or the expiration of the Governor's Emergency Proclamation, whichever is first, shall extend these deadlines to at least 60 days after the triggering event. 3/5/20 Emergency Order No. 20-01 Health insurers are directed to suspend any prior authorization requirements that apply to covered diagnostic testing and treatment of coronavirus disease 2019 (COVID-19). https://www.insurance.wa.gov/sites/default/files/documents/emergency-order-number-20-01.pdf | ||||||||
49 | Washington D.C. | 1/4/21 Notice Notifies insurers that Mayor's Order 2020-127 extended the public health emergency in the District through March 31, 2021, and thereby extends the duration of DISB bulletins tied to the duration of the emergency, including the moratorium on cancellation or nonrenewal of policies for nonpayment of premium. 10/7/20 Mayor's Order 2020-103 Extends the COVID-19 emergency through December 31, which extends the moratorium on cancellation or nonrenewal of policies due to nonpayment of premium through Dec. 31. 8/19/20 Notice 8-17-20 All insurers and premium finance companies are required to refrain from cancellations and non-renewals until October 9, 2020 or until Mayor Bowser extends, rescinds or otherwise modifies Mayor's Order 2020-079. 5/8/20 Bulletin 20-IB-2/05/08 Commissioner's Order 03-2020 is intended to apply to insurance premium finance agreements effective on or before March 11, 2020. The prohibition on cancellations and the deferred payment measure in the Order will remain effective fur the duration of the emergency. On May 13, 2020, the Mayor's Order and Public health Emergency was extended to June 8, 2020. A premium finance company may issue a notice of intent to cancel an insurance contract if an insured/borrower fails to make a payment calculated and scheduled in accordance with Order 03-2020 after the Emergency expires. Until such an event, an insurance company may not cancel an insurance policy and is under no obligation to return any unearned premiums. 4/27/20 Commissioner's Order 03-2020 Insurance companies and premium finance companies will be prohibited from terminating insurance contracts due to non-payment. Insurance companies shall provide policyholders the ability to repay any unpaid premiums in installments over a period of not less than 12 months beginning one month after the end of the Public Health Emergency. Insurance companies shall also waive late fees for premium payments due but not paid. 3/20/20 Commissioner's Order 01-2020 Carriers shall not cancel or non-renew any health benefit plan without express consent from the Commissioner https://disb.dc.gov/sites/default/files/u65602/Order-re-Emergency-Response-to-COVID-19-03.20.2020-sec.pdf | 3/20/20 Commissioner's Order 01-2020 Carriers must post information regarding their services and coverages for COVID-19 on their website and all nurse help-lines and similar programs. https://disb.dc.gov/sites/default/files/u65602/Order-re-Emergency-Response-to-COVID-19-03.20.2020-sec.pdf | 4/27/20 Bulletin 20-IB-2-04/10 The hard copy, original signature, and related filing requirements are currently waived. However, companies are expected to keep a list of all filings that were made electronically in lieu of hard copy filings so that they can file all the hard copies within 60 days after the stay-at-home orders in their jurisdictions have been lifted and the company's employees have been allowed to return to work. In addition, the Risk Finance Bureau has announced that all other submissions not addressed above such as applications, business plan changes, biographical affidavits, etc., should be filed electronically. | 4/27/20 Bulletin 20-IB-2-04/10 The Department will allow insurers an additional 30 or 60 days (depending on the filing) to complete most of the filings listed in the bulletin if the company files in writing a request to late file based on the financial condition of the company or other unique circumstances that warrant such action. | 3/20/20 Commissioner's Order 01-2020 Carriers shall allow enrollees to obtain refills of their prescription medications before the scheduled refill date, so that enrollees are assured of maintaining an adequate supply. Exceptions may be made for drug classes subject to misuse, such as opioids, benzodiazepines, and stimulants. Carriers shall also waive any additional cost to the enrollee of any fees associated with accessing prescriptions from a mail-order pharmacy. https://disb.dc.gov/sites/default/files/u65602/Order-re-Emergency-Response-to-COVID-19-03.20.2020-sec.pdf | 3/20/20 Commissioner's Order 01-2020 Carriers shall enhance their coverage of telehealth services, and are directed to review their telehealth programs with participating providers to ensure that the programs are robust and will be able to cover any increased demand. Cost sharing for telehealth services shall not be more than for in-person services. https://disb.dc.gov/sites/default/files/u65602/Order-re-Emergency-Response-to-COVID-19-03.20.2020-sec.pdf | 4/27/20 Bulletin 20-IB-2-04/10 While a stay-at-home order remains in effect in the District, the Department will not conduct any on-site examination work. Companies should be aware taht the Department may need to request specific information in electronic form to track developing trends brought about by the COVID-19 pandemic. 4/27/20 Commissioner's Order 03-2020 The Department will provide expedited review of form and rate filings to insurance companies that offer reasonable accommodations and premium relief to policyholders. To request expedited review, submit an email request to howard.liebers@dc.gov (form filings) or robert.nkojo@dc.gov (rate filings). The email request should include the SERFF tracking number and a brief description of the filing. The Department is currently conducting business via telework and will not be able to address consumer issues in person. https://disb.dc.gov/ | 3/24/20 Mayor's Order 2020-053 Insurance companies are deemed an essential business and as such are exempt from the Mayor's stay at home order. | 11/23/20 Bulletin 20-IB-3-11/23 P&C insurers are prohibited from increasing rates for the duration of the COVID-19 emergency. 5/14/20 Bulletin 20-IB-3-05/13 All P&C insurers are notified that for the duration of the Public Health Emergency, the Department will temporarily postpone all rate increases filed during the Emergency to provide further relief to policyholders, effective immediately. 4/27/20 Commissioner's Order 03-2020 For policies subject to audits, insurers are directed to allow policyholders to self-audit and self-report (in lieu of physical audits to the extent impracticable) changes in their exposure so that adjustments in premiums can be made. Prospective reductions in premium or retroactive refunds of premium offered by an insurance company due to a change in risk exposure will not be considered a rate change that requires a new rate filing or action constituting a rebate or unfair discimination to the extent they are reasonable and consistently applied. Insurers that want to offer policyholders temporary premium reductions related to changes in exposures that create new classifications or are intended to extend beyond the duration of the Public Health Emergency should submit new rate filings to implement the change. The rate filing should disclose the amount and duration of the reduction and include the applicable policy forms with a request for expedited review. | 1/4/21
Notice Notifies insurers that Mayor's Order 2020-127 extended the public health emergency in the District through March 31, 2021, and thereby extends the duration of DISB bulletins tied to the duration of the emergency, including Commissioner's Order 01-2020. 3/20/20 Commissioner's Order 01-2020 Carriers are directed to make screening, testing and treatment for COVID-19 (when a provider recommends such services) available without cost sharing of any kind. These service shall be covered at the same rate for out-of-network providers unless the enrollee was first offered the service in-network without unreasonable delay. The Department will be instituting expedited grievance procedures to review adverse decisions on requests for coverage for COVID-19 related health services. https://disb.dc.gov/sites/default/files/u65602/Order-re-Emergency-Response-to-COVID-19-03.20.2020-sec.pdf | 3/20/20 Commissioner's Order 01-2020 Out-of-network providers and facilities are requested to accept the highest of a carrier's in-network reimbursement as full and final payment and to hold harmless enrollees who receive health care services as it realtes to screening, testing and treatment of COVID-19. Providers are also encouraged to use the enrollee's in-network lab facilities. Charges by out-of-network providers will eb subject to the prohibition on overcharging during a public health emergency pursuant to DC Official Code 28-4102. https://disb.dc.gov/sites/default/files/u65602/Order-re-Emergency-Response-to-COVID-19-03.20.2020-sec.pdf | 4/27/20 Commissioner's Order 03-2020 Insurance companies are directed to provide a waiver or suspension of the "commercial" or "livery" use exclusion and exception in personal passenger automobile coverage to accommodate insureds while driving their own or another automobile to deliver food, medicine, or medical supplies for their employer, or for the organization for which they are volunteering, or on their own for the benefit of the person for whom the delivery is being made, and the delivery is a result of the Public Health Emergency. 3/20/20 Commissioner's Order 01-2020 Both for services related to COVID-19 and any other care that their enrollees might need, carriers must conduct any applicable utilization review and appeal processes as expeditiously as possible. https://disb.dc.gov/sites/default/files/u65602/Order-re-Emergency-Response-to-COVID-19-03.20.2020-sec.pdf | 10/24/20 Act A23-427 Tolls all time periods for commercial insurance policyholders to exercise their rights under the policy or District law during the pendency of a public health emergency declared pursuant to section 5a of the District of Columbia Public Emergency Act of 1980, and for 90 days thereafter. 10/09/20 Act A23-0334 Permits consumers to restrict the consideration of certain adverse information by placing a statement in their credit file that they were financially impacted by the COVID-19 pandemic. The act took effect on 10/09/20 and remains in effect for 225 days. 8/19/20 B23-819 Requires the tolling of all time periods for policyholders of commercial insurance policies to exercise their rights under the policy or District law for claims for losses in the District. 5/13/20 DC B23-0750 Provides that there will be no late fee for filing a first biennial corporate report for 2020 so long as the report is delivered to the Mayor for filing by June 1, 2020. Permits a DC resident who experiences financial hardship due to the COVID-19 emergency or the 60 days following the emergency to request that a consumer credit reporting agency add a "COVID-19 alert" to their file. Any party using a credit report with a COVID-19 alert cannot take into consideration any adverse information about the consumer's actions or inactions during the covered time period. The bill also permits remote notarizations subject to certain requirements. Clarifies earlier COVID-19 related legislation regarding laibility for volunteers and contractors. | 5/6/20 The DC Council has withdrawn proposed legislation that provided for retroactive coverage of business interruption claims caused by COVID-19 | |||||
50 | West Virginia | 10/15/20
Emergency Order 20-EO-09 Rescinds that portion of Emergency Order 20-EO-02 which prohibited the cancellation or nonrenewal for conditions caused by the COVID-19 pandemic. However, the request that insurers be flexible with regard to permitting alternative payment arrangements remains in effect. 3/26/20 Insurance Bulletin 20-07 Emergency Order 20-02, issued by the Insurance Commissioner on March 18, 2020, states that insurers must not issue a cancellation notice or nonrenewal notice pertaining to any insurance policy, plan or contract if the reason for cancellation or nonrenewal is a result of adverse circumstances resulting from the COVID-19 pandemic and the corresponding State of Emergency issued by the Governor of West Virginia on March 16, 2020, or any subsequent governmental orders. Emergency Order 20-02 is not meant to prohibit the cancellation or nonrenewal of all insurance policies and does not apply to insureds or policyholders who were already delinquent or who were or are cancelled/nonrenewed for other valid underwriting reasons. Further, Emergency Order 20-02 does not excuse insureds or policyholders from the obligation to pay premiums for insurance coverage provided or contractual benefits received. Insurers should be willing to, and are encouraged to, be flexible with insureds or policyholders by voluntarily instituting moratoriums on cancellations or premium collections and allow for alternative payment arrangements, deferred premium payments, premium holidays and acceleration or waiver of underwriting requirements so that policyholders do not become delinquent during and as a result of the crisis. The OIC will not view any accommodations made to insureds incurring economic hardship during the COVID-19 pandemic and the State of Emergency, including any Executive Orders issued by the Governor which close businesses or order residents to stay at home unless performing an essential activity, as violating insurance laws such as unfair inducement prohibitions. However, accommodations to insureds or policyholders should not be made in an unfairly discriminatory manner. Further, the OIC instructs that insurers can, and should, require validation that the adverse circumstances of the insured or policyholder are directly related to the COVID-19 pandemic and the State of Emergency, or any subsequent Executive Orders issued by the Governor which closed businesses or ordered residents to remain at home unless performing an essential activity, by obtaining evidence in writing, or otherwise, from an employer, policyholder, insured or other appropriate source before foregoing a cancellation or nonrenewal. https://www.wvinsurance.gov/Portals/0/pdf/pressrelease/20-07%20COVID-19%20Regulatory%20Guidance.pdf?ver=2020-03-26-195235-360 3/23/20 Emerency Proceeding 20-EO-03 It is further ORDERED that workers’ compensation insurers and other regulated entities shall not terminate or suspend a claimant’s temporary total disability benefits for failure to undergo examinations or needed treatment pursuant to Title 85, Series 1, Section 14 of the West Virginia Code of State Rules during this insurance emergency. The Commissioner recognizes that many medical and healthcare providers have closed offices, deferred or suspended all non-emergent procedures or treatment during the State of Emergency, and that claimants may have difficulty in continuing ongoing care or treatment or obtaining an examination, or may be quarantined or staying in their homes in compliance with Executive Order 9-20, and as a result, opt to forego all but the most necessary of medical treatment due to the COVID-19 crisis. https://www.wvinsurance.gov/Portals/0/pdf/pressrelease/20-EO-03%20-%20Emergency%20Order%20Workers'%20Compensation%2003-23-2020.pdf?ver=2020-03-23-184154-627 3/18/20 20-EO-02 Insurers, producers, and all other insurance-related entities should consider COVID-19 with respect to collection of premiums, cancellations, nonrenewals, claim or other documentation, rating or rates charged, and other requirements or policy provisions. Insurers must not issue a cancellation or nonrenewal notice that results from circumstances stemming from COVID 19. Insurers should be flexible with regard to payment of premiums. The EO remains in effect until further notice. https://www.wvinsurance.gov/Portals/0/pdf/20-EO-02_Emergency_Order.pdf?ver=2020-03-19-084523-047 | 3/9/20 Insurance Bulletin 2020-01 Insurers are asked to inform insureds of available benefits, quickly respond to insured inquiries, and consider revisions needed to streamline responses and benefits for insureds. Insurers should make all necessary and useful information available on their websites and staff their nurse-help lines accordingly. To ensure that public health officials and the public are adequately informed about what the health insurance industry is doing in response to COVID-19, the Commissioner asks that health carriers provide information on the steps they are taking in response to this Bulletin. Health carriers may send that information to Erin Hunter, Deputy Commissioner and General Counsel at Erin.K.Hunter@wv.gov. https://www.wvinsurance.gov/Portals/0/pdf/WestVirginiaInsuranceBulletinNo.2020-01.pdf?ver=2020-03-09-163536-043 | 3/26/20 Insurance Bulletin 20-07 Insurers are once again encouraged to file required forms electronically and utilize electronic signatures where permitted. The OIC will accept electronic signatures that comply with the West Virginia Uniform Electronic Transactions Act, codified at W.Va. Code § 39-1-1, et seq. The OIC also encourages insurers and other regulated entities to utilize electronic signatures in their business operations if appropriate. For furtherinformation, please review Informational Letter 135B which can be found on our website at https://www.wvinsurance.gov/Resources/Informational-Letters. https://www.wvinsurance.gov/Portals/0/pdf/pressrelease/20-07%20COVID-19%20Regulatory%20Guidance.pdf?ver=2020-03-26-195235-360 | 3/26/20 Insurance Bulletin 20-07 The quarterly filing deadline for insurance premium tax payments is April 15, 2020. At this time, that deadline has not been extended by the OIC or by directive of the Governor’s Office. On March 25, 2020, Governor Justice announced that he was directing the West Virginia Tax Commissioner to extend the West Virginia income tax filing and payment deadline until July 15, 2020, to correspond with the federal government’s tax filing extension to the same date. However, insurance premium taxes are not tied to federal tax filings and are not included in that directive. Insurance premium taxes are based upon the gross amount of direct premiums collected and received by an insurer during the previous calendar year. Accordingly, insurance premium taxes should already have been collected by an insurer and should be remitted to the OIC pursuant to the gross amount of direct premiums collected and received by it during the previous calendar year’s regular schedule for payments. Currently, the OIC’s Licensing and Examination Division is processing applications daily and does not believe that an extension will be necessary for producers, surplus lines licensees, adjusters or business entities. Likewise, the OIC’s Financial Conditions Division does not believe that it will be necessary to extend the March 31, 2020 deadline for health insurers to file their Annual Grievance Reports or the April 1, 2020 deadline for insurers to file supplemental filings to their Annual Statements. Additionally, the OIC reiteratesthat it is not granting a blanket extension for insurers or other regulated entities to respond to inquiries from the Commissioner or from the OIC’s Consumer Services Division. During this insurance emergency and State of Emergency, it is critical that the OIC be able to discuss matters of urgent importance with insurers and other regulated entities punctually and thoroughly, as well as to communicate with consumers effectively. Please communicate with the OIC via email and/or telephone, when necessary, while we are working from home. If your company believes that it will not be able to meet a filing or response deadline required by current law, Bulletin or OIC Emergency Order, please contact the OIC as soon as possible to discuss alternative arrangements. If the issue involves the Market Conduct Division, please contact Tom Whitener at Tom.J.Whitener@wv.gov. If the issue involves the Financial Conditions Division, please contact Justin Parr at Justin.E.Parr@wv.gov. If the issue involves the Rates & Forms Division, please contact Joylynn Fix at Joylynn.Fix@wv.gov. If the issue involves agent or producer licensing, please contact Rob Grishaber at Robert.E.Grishaber@wv.gov. https://www.wvinsurance.gov/Portals/0/pdf/pressrelease/20-07%20COVID-19%20Regulatory%20Guidance.pdf?ver=2020-03-26-195235-360 | 5/20/20 Insurance Bulletin No. 20-06a All temporary licenses issued pursuant to Bulletin No. 20-06 shall expire and be null and void at mindnight, August 31, 2020, at which time anyone holding such temporary license will no longer be licensed, will immediately rever to the status of applicant, and must complete all the usual requirements for licensure in order to obtain a producer license. 3/24/20 Emergency Proceeding 20-EO-4 Inasmuch as an insurance emergency and the Governor’s declared State of Emergency continue to exist in the State of West Virginia, it is hereby ORDERED that any insurance company licensed to do business in West Virginia may submit to the Commissioner an application requesting appointment and authorization of one or more emergency insurance adjusters for the purpose of adjusting claims in West Virginia during the pendency of the current COVID-19 insurance emergency. Each application for an emergency insurance adjuster shall state the names of any individuals that the company wishes to have authorized as an emergency insurance adjuster as well as any other information the Commissioner requires. Emergency insurance adjusters shall only be authorized to act as such after approval of the application by the Commissioner. An emergency insurance adjuster license is valid only for so long as the Commissioner specifies, but not to exceed a period of one hundred twenty (120) days unless extended for a period of an additional ninety (90) days. An emergency insurance adjuster license granted hereunder is valid only for the COVID-19 insurance emergency. During the time an individual is licensed as an emergency insurance adjuster, he or she has the same power, authority and responsibility as other licensed insurance adjusters in this state. https://www.wvinsurance.gov/Portals/0/pdf/pressrelease/20-EO-04%20-%20Emergency%20Insurance%20Adjusters%2003-24-2020.pdf?ver=2020-03-24-111733-120 3/17/20 Insurance Bulletin 20-06 Effective immediately, under the authority of W. Va. Code § 33-12-16, the Commissioner will issue a temporary producer license to applicants for a producer license, on a case-by-case basis, without requiring testing or fingerprinting, where it is determined that applicants are unable to complete the requisite testing or obtain fingerprinting due to third-party vendor operations suspensions or closures. Such temporary licenses will only be issued to applicants who will, when licensed, engage in the business of insurance while employed by an existing agency, brokerage or insurer and under the direct supervision of a producer who is currently licensed and in good standing with the Commissioner. | 4/1/20 Emergency Rule s. 153-45 The rule establishes procedures for notaries to remotely witness the signing of documents through electronic devices. 3/27/20 Notice 3-27-20 Pharmacies are permitted to deliver prescription medications for which a patient, insured or customer has a valid prescription, or pharmacy supplies or products, to patients, insureds or customers via common carrier, mail delivery or other home delivery methods or services if the pharmacy elects to do so 3/13/20 Insurance Bulletin 20-05 To the extent consistent with clinical guidelines, the Commissioner (WVOIC) requires applicable insurers to cover an additional one-time early refill of any necessary prescriptions to ensure individuals have access to their necessary medications should they need to limit close contact with others. For maintenance medications, insurers shall permit insureds to obtain a 90-day supply upon refill. Insurers shall not apply a different cost-sharing amount to an early filling/refilling of a prescription due to concerns about COVID-19. Insurers shall also make formulary exceptions if the insured is suffering from a health condition that may seriously jeopardize the insured’s health, life, or ability to regain maximum function or if the insured is undergoing a current course of treatment using a non-formulary prescription drug. Further, insurers shall encourage, but not require, insureds to take advantage of mail-order prescription benefits, if available. Moreover, insureds should be able to access necessary prescriptions from a local retail pharmacy even if their prescription supply is normally provided by mail-order. Finally, it is strongly suggested that insurers allow insureds the temporary use of out-of-network pharmacies at the in-network benefit level of coverage in the event a shortage of medications occurs at network pharmacies. https://www.wvinsurance.gov/Portals/0/pdf/20-05_Prescription_Refill_Bulletin.pdf?ver=2020-03-14-144759-590 | 3/19/20 Executive Order No. 7-20 The requirement for telemedicine providers to be licensed in West Virginia is suspended, provided that such provider possesses a license within their own state. The requirement that telemedicine be performed by video only is also suspended. https://apps.sos.wv.gov/adlaw/executivejournal/readpdf.aspx?DocID=89501 | 10/15/20
Emergency Order 20-EO-09 Rescinds Emergency Order 20-EO-04 which had permitted emergency insurance adjusters to adjust claims during the COVID-19 crisis. Also modifies Emergency Order 20-EO-06a to permit door-to-door solicitation of new insurance business, so long as the proper protective equipment is used by the producer and social distancing is maintained. 3/26/20 Insurance Bulletin 20-07 OIC will not conduct any on-site examination work that is non-essential or is contrary to directives to limit gatherings or practice social distancing or isolation. To facilitate this, insurers should be aware that the OIC may need to request more information in electronic form and may require more time to review submitted information. Additionally, the OIC acknowledges that insurer response times may be slower than usual as more insurance company employees are also working from home. The OIC has called or scheduled upcoming, on-site examinations that are set to begin on or after June 2020. At this time, the OIC has decided to not delay those examinations or make additional accommodations. However, should circumstances change and the current emergency continues through May, 2020, the OIC will revisit its plans for scheduled examinations and advise insurers accordingly. https://www.wvinsurance.gov/Portals/0/pdf/pressrelease/20-07%20COVID-19%20Regulatory%20Guidance.pdf?ver=2020-03-26-195235-360 | 6/30/20 Emergency Order 20-06a Clarifies circumstances under which insurance industry professionals may engage in activities outside of their residences. 4/3/20 Emergency Proceeding 20-EO-06 Individuals engaged in the business of insurance in West Virginia may leave their residences to provide any services or perform any work necessary to operate and/or maintain the essential business or operations of insurance entities, provided that insurance institutions and their personnel are prohibited from engaging in door-to-door/in-home solicitation of new insurance business or other door-to-door/in-home insurance activity or transactions during this emergency unless certain enumerated conditions exist. 3/23/20 Executive Order No. 9-20 Insurance companies are an essential business and as such are not subject to the governor's stay at home order. https://governor.wv.gov/Documents/2020%20Executive%20Orders/STAY-AT-HOME-ORDER-MARCH-23-2020.pdf | 3/22/20 The Supreme Court of Appeal of West Virginia has declared a Judicial Emergency effectively tolling existing deadlines through April 11, 2020. All proceedings and court deadlines, except for specified emergency proceedings, directed to take place or any act required to be done on any day falling within the period of judicial emergency, are stayed. All jury trials are stayed during this period of judicial emergency. Deadlines as set forth in court rules, statutes, ordinances, administrative rules, scheduling orders, or otherwise that are set to expire between March 23, 2020, and April 10, 2020, are extended to April 11, 2020. Statutes of limitations and statutes of repose that would otherwise expire during the period between March 23, 2020, and April 10, 2020, are extended to April 11, 2020. Deadlines, statutes of limitations, and statutes of repose that are not set to expire between March 23, 2020, and April 10, 2020, are not extended or tolled by the Order. http://www.courtswv.gov/public-resources/press/releases/2020-releases/mar22_20.pdf | 5/15/20 Bulletin No. 20-12 P&C insurers' scoring models may not consider as a negative factor any negative changes to credit after March 1, 2020, and thereafter for a 36-month period, due to COVID-19 related situations which may not be immediately identifiable on a credit score report. 5/4/20 Bulletin No. 20-11 The OIC takes the position that any premium tax or surcharge assessed against the portion of an insurance premium that is refunded should also be refunded to the policyholder. This could include the premium tax and additional premium tax, among other additional taxes and surcharges. Furthermore, if the premium tax or surcharge has not yet been collected from the policyholder on the portion of the premium to be refunded, then the tax or surcharge should not be assessed or remitted to the OIC. | 7/9/20
Notice 7-9-2020 Provides guidance for coverage of the cost of at-home COVID-19 tests. 5/13/20 Notice 5-13-2020 Health insurers offering group health plans and/or individual health insurance coverage in this state shall, effective March 18, 2020, provide benefits for diagnostic testing for the detection of COVID-19, and services related thereto, to the persons identified in Executive Order 27-20 and Executive Order 35-20 because testing of these individuals has been deemed a necessary public health and medical action. This coverage shall be provided without imposing any cost-sharing requirements including deductibles, copayments, and coinsurance, or prior authorization or other medical management requirements. 5/11/20 Notice 5-11-20 Health insurers offering group health plans and/or individual health insurance coverage in this state must, effective March 18, 2020, provide benefits for diagnostic testing for the detection of COVID-19, and services related thereto, to the persons identified in Executive Order 27-20 and Executive Order 35-20 because testing of these individuals has been deemed a necessary public health and medical action. This coverage must be provided without imposing any cost-sharing requirements including deductibles, copayments, and coinsurance, or prior authorization or other medical management requirements. | 5/13/20 Notice 5-13-2020 Health insurers offering group health plans and/or individual health insurance coverage in this state shall, effective March 18, 2020, provide benefits for diagnostic testing for the detection of COVID-19, and services related thereto, to the persons identified in Executive Order 27-20 and Executive Order 35-20 because testing of these individuals has been deemed a necessary public health and medical action. This coverage shall be provided without imposing any cost-sharing requirements including deductibles, copayments, and coinsurance, or prior authorization or other medical management requirements. 5/11/20 Notice 5-11-20 Health insurers offering group health plans and/or individual health insurance coverage in this state must, effective March 18, 2020, provide benefits for diagnostic testing for the detection of COVID-19, and services related thereto, to the persons identified in Executive Order 27-20 and Executive Order 35-20 because testing of these individuals has been deemed a necessary public health and medical action. This coverage must be provided without imposing any cost-sharing requirements including deductibles, copayments, and coinsurance, or prior authorization or other medical management requirements. | 12/4/20 Notice 12-4-2020 Health insurers must permit covere persons to be transferred between facilities or hospitals, without prior authorization or other medical management to the neares appropriate hospital or other facility when the transferring hospital or facility is at capacity or cannoth otherwise provide the appropriate level of care to the covered person. Such transportation is to be covered at the in-network rate. The Commissioner will take a non-enforcement position in regard to midyear plan changes, so long as those changes are made to provide increased coverage for services related to the diagnosis and tratment of COVID-19. 10/15/20 Emergency Order 20-EO-09 Rescinds Emergency Order 20-EO-01, which suspended the normal time frames for claims handling and settlement. The order also rescinds those portions of Emergency Order 20-EO-03, which had suspended the normal time standards for handling workers compensation claims and that had prohibited the suspension of a claimant's temporary total disability benefits for faialure to undergo an examination. 5/13/20 Notice 5-13-2020 Health insurers offering group health plans and/or individual health insurance coverage in this state shall, effective March 18, 2020, provide benefits for diagnostic testing for the detection of COVID-19, and services related thereto, to the persons identified in Executive Order 27-20 and Executive Order 35-20 because testing of these individuals has been deemed a necessary public health and medical action. This coverage shall be provided without imposing any cost-sharing requirements including deductibles, copayments, and coinsurance, or prior authorization or other medical management requirements. 5/11/20 Notice 5-11-20 Health insurers offering group health plans and/or individual health insurance coverage in this state must, effective March 18, 2020, provide benefits for diagnostic testing for the detection of COVID-19, and services related thereto, to the persons identified in Executive Order 27-20 and Executive Order 35-20 because testing of these individuals has been deemed a necessary public health and medical action. This coverage must be provided without imposing any cost-sharing requirements including deductibles, copayments, and coinsurance, or prior authorization or other medical management requirements. 3/13/20 Emergency Proceeding: 20-EO-01 It is, therefore, DECLARED that an insurance emergency exists in the State of West Virginia, and it is hereby ORDERED that that normal time frames for claim handling and settlement as set forth in West Virginia Code of State Rules Title 114, Series 14, Section 5 and subsections 6.2, 6.3, 6.7, 7.3.c, and 7.5 are suspended in the State of West Virginia until further notice. It is further ORDERED that insurers and other regulated entities shall continue to adjust claims as expeditiously as possible during this insurance emergency, and shall utilize all possible methods of adjusting claims remotely, such as telephone, email, facsimile, mobile applications, satellite imagery or 3D mapping, all the while striving to meet normal time framesfor the adjustment and resolution of claims whenever possible. The Commissioner recognizes that some claims must be adjusted in person and that strict adherence to normal time frames may be impractical in those certain circumstances and others related to staffing and social distancing because of the COVID-19 crisis. Insurers should prioritize claims adjustment and resolution strategies during this insurance emergency to ensure that high priority claims are addressed before lower priority claims. https://www.wvinsurance.gov/Portals/0/pdf/20-EO-01-Emergency-Order.pdf?ver=2020-03-14-151002-390 | 3/13/20 Insurance Bulletin 20-04 The Commissioner is requiring that every foreign insurer currently issuing policies in this State to submit a response to the (WVOIC) describing its plans of preparedness to manage the risk of disruption to operations and the financial risk arising from COVID-19. Domestic insurers will receive separate guidance specifically targeted to them and need not provide a response to this Bulletin. In addition to a preparedness plan, it is also critical that risk management programs include a plan to assess and monitor the financial risk that may arise from COVID-19. https://www.wvinsurance.gov/Portals/0/pdf/20-04_Preparedness_Bulletin.pdf?ver=2020-03-14-145745-717 | ||||
51 | Wisconsin | 3/20/20 Bulletin Insurers are encouraged to offer flexibility to insureds who are incurring economic hardship. This flexibility can include offering non-cancellation periods, deferred premium payments, premium holidays and acceleration or waiver of underwriting requirements. OCI will not view any accommodations made to insureds incurring economic hardship during the COVID-19 public health emergency as violating insurance laws such as unfair inducement prohibitions. Accommodations should not be applied in an unfairly discriminatory manner. https://oci.wi.gov/Pages/Regulation/Bulletin20200320RegulatoryRequirements.aspx | 3/6/20 Bulletin Health Plan Issuers should make all necessary and useful information available on their websites and staff their nurse-help lines accordingly. Useful links may include a link to the Wisconsin Department of Health Services information regarding COVID-19 at https://www.dhs.wisconsin.gov/disease/covid-19.htm or to the Centers for Medicare and Medicaid at https://www.cms.gov/newsroom/press-releases/cms-prepares-nations-healthcare-facilities-coronavirus-threat. Health Plan Issuers are encouraged to promptly notify providers, nurse-help line staff and customer service personnel on the Health Plan Issuer's policies regarding COVID-19. To ensure that public health officials and the public are adequately informed about what the health insurance industry is doing in response to COVID-19, the Commissioner may request that Health Plan Issuers provide information on the steps they are taking in response to this Bulletin. https://oci.wi.gov/Pages/Regulation/Bulletin20200306COVID-19.aspx | 3/20/20 Bulletin Insurers are once again encouraged to file required forms electronically. In addition, OCI reminds insurers that OCI will accept electronic signatures that comply with Wis. Stat. ch. 137. OCI also encourages insurers to consider utilizing electronic signatures in their business operations. https://oci.wi.gov/Pages/Regulation/Bulletin20200320RegulatoryRequirements.aspx | 3/20/20 Bulletin As a reminder from our last bulletin, if your company believes that it will not be able to meet a filing deadline required by law or OCI order, please contact OCI to discuss alternative arrangements. If the issue involves the Market Regulation Division, please contact Rebecca Rebholz at Rebecca.Rebholz@wisconsin.gov. If the issue involves the Financial Division, please contact Amy Malm at Amy.Malm@wisconsin.gov. https://oci.wi.gov/Pages/Regulation/Bulletin20200320RegulatoryRequirements.aspx | 11/25/20 Bulletin 11-25-2020 The Office will send license renewal notification by email only beginning February 1, 2021, rather than the current practice of sending them via email and U.S. mail. 11/3/202 Bulletin 11-3-2020 The Bulletin provides information regarding updates to the Office's procedures for processing all company appointments, which will take place electronically through the NIPR. 6/1/20 Notice PSI Services, LLC will be handling the licensing examination and administration of the continuing education/prelicensing program going forward. 5/29/20 Notice OCI will allow providers to deliver currently approved classroom courses via webinar without having to re-file those courses with OCI. Providers will not be required to submit separate course applications for these webinar courses prior to delivering these course to students. However, providers are required to provide OCI with a list of classroom courses that will be conducted via a webinar and submit a written statement as to your process in determining participation of students. 4/22/20 Bulletin Effective April 17, 2020, the Office of the Commissioner of Insurance made remotely proctored insurance agent licensing exams available using remote testing application ProProctor by Prometric. Candidates can sign up for any exam at www.prometric.com/wisconsin/insurance. 3/19/20 Bulletin OCI will allow providers to deliver currently approved classroom courses via webinar without having to re-file those courses with OCI. Providers will not be required to submit separate course applications for these webinar courses prior to delivering these courses to students. However, providers are required to provide OCI with a list of classroom courses that will be conducted via webinar and submit a written statement as to their process in determining participation of students. OCI encourages providers to submit these lists as soon as possible. Providers must submit the list and statement to ociagentlicensing@wisconsin.gov. Also, for online courses where a proctor is required, OCI has created the Continuing Education Attestation of Personal Responsibility Form (available here). This form will require individuals to attest that they have not received outside assistance while completing the online course exam. Providers must collect this form from the student in a method determined by the provider prior to electronically banking/submitting credits to OCI. We ask that providers make this form available to students immediately in order to prevent any delays. A separate notice will also be sent to resident agents regarding the Continuing Education Attestation of Personal Responsibility Form. Finally, OCI is waiving continuing education requirements for resident licensees that expire on March 31, 2020, for licensees that are unable to complete courses online. OCI will allow for these temporary changes until the current health emergency has been lifted. https://oci.wi.gov/Pages/Regulation/Bulletin20200319OnlineCourses.aspx | 3/6/20 Bulletin Health Plan Issuers are requested, where appropriate, to make expedited formulary exceptions if the insured is suffering from a health condition that may seriously jeopardize the insured's health, life, or ability to regain maximum function or if the insured is undergoing a current course of treatment using a non-formulary prescription drug that is intended to lessen symptoms or the duration of the virus. Health Plan Issuers are also encouraged to make expedited formulary exceptions if there is a shortage of a formulary drug. Because of the possibility of self-quarantine for infected, exposed, or at-risk individuals, OCI is requesting that Health Plan Issuers be flexible on prescription drug supply limitations and early refill limitations. Health Plan Issuers are requested to allow insureds to fill and refill prescription medications for up to a 90 day supply or until the prescription expires, if shorter. In addition, Health Plan Issuers are asked to allow for early refills without additional authorization requirements. https://oci.wi.gov/Pages/Regulation/Bulletin20200306COVID-19.aspx | 10/13/20 Bulletin 10-13-2020 (#2) Where appropriate, Health Plan Issuers are strongly encouraged to not deny coverage for a treatment or service provided through telehealth if that treatment or service is covered under the policy or plan when provided in person by a health care provider. If Health Plan Issuers do not have sufficient telehealth providers in their network, they are requested to develop a plan to address these shortfalls including making exceptions to provide access to an out-of-network provider at the in-network cost-sharing level. Health Plan Issuers who lack access to telehealth services where in-person services are not available may be found by OCI to lack an adequate provider network. 3/6/20 Bulletin Health Plan Issuers are reminded to review provisions in current policies regarding the delivery of health care services via telehealth and ensure their telehealth programs with participating providers are robust and will be able to meet any increased demand. https://oci.wi.gov/Pages/Regulation/Bulletin20200306COVID-19.aspx | 11/3/202 Bulletin 11-3-2020 The Bulletin provides information regarding updates to the Office's procedures for processing all company appointments, which will take place electronically through the NIPR. 3/20/20 Bulletin During the pendency of the public health emergency related to COVID-19, all filings that are deemed approved if OCI does not disapprove the filing within a certain period of time are hereby disapproved. This disapproval is preliminary and OCI will continue to review the filing to determine if a final disapproval or approval is warranted. OCI will review those filings in as timely a manner as possible and will endeavor to provide a final determination within the statutory time frame. Several insurers have inquired regarding whether OCI will continue to conduct on-site examinations during the COVID-19 pandemic. OCI will fully comply with any government directives regarding public gatherings. OCI will not conduct any on-site examination work that is contrary to the spirit of any public health directive. To facilitate this, insurers should be aware that OCI may need to request more information in electronic form. OCI also acknowledges that company response times may be slower as more company employees work from home. https://oci.wi.gov/Pages/Regulation/Bulletin20200320RegulatoryRequirements.aspx | 5/14/20 The Wisconsin Supreme Court has struck down Emergency Order #28. The ruling takes effect immediately and businesses may re-open. 4/16/20 Emergency Order #28 Extends the Safer at Home order to May 26, 2020, and imposes a number of operational requirements on essential businesses, including insurers, that continue to operate during the emergency. 3/24/20 Emergency Order #12 Insurance companies are deemed an essential business and as such are exempt from the governor's stay at home order. https://content.govdelivery.com/attachments/WIGOV/2020/03/24/file_attachments/1409408/Health%20Order%20%2312%20Safer%20At%20Home.pdf | 12/22/20 Bulletin 12-22-20 The Commissioner expects all insurers to cover, without cost-sharing, all costs associated with administration of COVID-19 vaccinations, regardless of whether the vaccine is administered by an out-of-network provider. 3/6/20 Bulletin OCI requests Health Plan Issuers waive any cost-sharing for COVID-19 laboratory and radiology tests so that cost-sharing is not a barrier for access to this important testing. In addition, Health Plan Issuers are also requested to waive the cost-sharing for a provider office visit, urgent care center visit, hospital visit and an emergency room visit when the basis for the visit is related to testing for COVID-19. https://oci.wi.gov/Pages/Regulation/Bulletin20200306COVID-19.aspx | 10/13/20
Bulletin 10-13-2020 (#2) Where appropriate, Health Plan Issuers are strongly encouraged to not deny coverage for a treatment or service provided through telehealth if that treatment or service is covered under the policy or plan when provided in person by a health care provider. If Health Plan Issuers do not have sufficient telehealth providers in their network, they are requested to develop a plan to address these shortfalls including making exceptions to provide access to an out-of-network provider at the in-network cost-sharing level. Health Plan Issuers who lack access to telehealth services where in-person services are not available may be found by OCI to lack an adequate provider network. 3/6/20 Bulletin If a health plan does not have a health care provider in its network with the appropriate training and experience to meet the particular health care needs of an insured, or does not have a sufficient number of available health care providers to meet the needs of the insureds, Health Plan Issuers are requested to develop a plan, including making exceptions to provide access to an out-of-network provider at the in-network cost-sharing level. https://oci.wi.gov/Pages/Regulation/Bulletin20200306COVID-19.aspx | 3/6/20 Bulletin Health Plan Issuers are requested to expedite prior authorization requests to the extent possible. Health Plan Issuers should not use prior authorization requirements as a barrier to access necessary treatment for COVID-19 and should be prepared to expedite grievances and appeal processes for services related to COVID-19, when medically appropriate. https://oci.wi.gov/Pages/Regulation/Bulletin20200306COVID-19.aspx | 4/17/20 AB 1038 The bill provides that an injury suffered by a first responder during the COVID-19 pandemic and ending 30 days after the termination of the state of emergency is presumed to be caused by the individual's employment. The presumption requires a diagnosis or positive test for COVID-19 and may be rebutted by specific evidence that the injury was caused outside of employment. The bill allows for liability insurance coverage for physicians and nurse anesthetists who are temporarily authorized to practice in Wisconsin due to the COVID-19 pandemic. | 4/14/20 AB 1038 The bill provides that an injury suffered by a first responder during the COVID-19 pandemic and ending 30 days after the termination of the state of emergency is presumed to be caused by the individual's employment. The presumption requires a diagnosis or positive test for COVID-19 and may be rebutted by specific evidence that the injury was caused outside of employment. The bill allows for liability insurance coverage for physicians and nurse anesthetists who are temporarily authorized to practice in Wisconsin due to the COVID-19 pandemic. | |||||
52 | Wyoming | 7/16/20 Memo Adjustors must be licensed in Wyoming despite the COVID-19 pandemic to participate in the claims adjustment process. | 3/11/20 Bulletin 20-01 Health insurers are encouraged to liberalize telehealth benefits during this period of increased infection. IN addition to contracted telehealth services, insurers are reminded that group insurance contracts cannot contain a provision requiring services to be provided by a particular provider or facility. Consumers should have access to telehealth benefits through their current health care provider. Health insurers are asked to review and ensure their telehealth programs are robust and will be able to meet any increased demand. http://doi.wyo.gov/ | 3/11/20 Bulletin 20-01 Please respond by email to the Department of Insurance (Denise.Burke@wyo.gov) with your company's COVID-19 coverage plan as soon as possible, but no later than COB on March 18, 2020 so the Department can respond appropriately to the large number of consumer calls we anticipate receiving. http://doi.wyo.gov/ | 3/11/20 Bulletin 20-01 Health insurers should waive any cost sharing for lab tests for RSV, influenza, respiratory panel test, and COVID-19. In addition, insurers are also asked to waive cost sharing for office visits, urgent care center visits, and emergency room visits for testing for COVID-19. The waiver is applicable to in-network and out-of-network providers, facilities, and labs. Standard medical necessity requirements for RSV, influenza, and respiratory panel tests remain in effect. To be entitled to a cost sharing waiver for COVID-19 testing, the patient must meet the criteria set forth by the Wyoming Department of Health and the CDC. http://doi.wyo.gov/ | 5/20/20 SF 1002 Provides a presumption that a worker that contracted COVID-19 did so in the workplace. Also provides immunity from liability to business that in good faith follow the instructions of a state or local health officer or who acts in good faith in responding to a public health emergency. | SF 1005 Provides immunity from civil liability for business owners and employees | |||||||||||||
53 | Federal | 4/20/20 Notice OFAC encourages members of the compliance community to contact OFAC regarding any challenges they are experiencing in meeting deadlines and other regulatory compliance matters related to US sanctions programs. Compliance with blocking and reject reports was specifically identified as a concern that should be brought to the attention of OFAC. OFAC also stated that it will take certain actions described in the notice of a regulated entity into consideration in the event a violation occurs during the COVID-19 emergency. These issues will eb addressed on a case-by-case basis. | 4/16/20 Rep. Fitzpatrick (R-PA) has introduced HR 6497 which would require every commercial property-casualty policy that includes business interruption coverage to make that coverage available for losses stemming from the closure ofa business due to a national emergency or public health crisis. The bill also would require the Federal Advisory Committee on Insurance to study whether there should be a federal backstop for business interruption. 4/13/20 Rep. Thompson (D-CA) plans to introduce legislation (the Business Interruption Insurance Coverage Act of 2020) that would mandate business interruption coverage of pandemic events. The bill would nullify any in-force exclusions in current contracts on the date of enactment that provide to the contrary. |