Ind. Code § 27-8-5-1.5 — Indiana Code / Title 27 / Article 8 / Chapter 5 / Section 27-8-5-1.5
Filing, review, approval, and disapproval process
Status: in_force

Sec. 1.5. (a) This section applies to a policy of accident and sickness insurance issued on an individual, a group, a franchise, or a blanket basis, including a policy issued by an assessment company or a fraternal benefit society.

(b) As used in this section, "commissioner" refers to the insurance commissioner appointed under IC 27-1-1-2.

(c) As used in this section, "grossly inadequate filing" means a policy form filing:

(1) that fails to provide key information, including state specific information, regarding a product, policy, or rate; or

(2) that demonstrates an insufficient understanding of applicable legal requirements.

(d) As used in this section, "policy form" means a policy, a contract, a certificate, a rider, an endorsement, an evidence of coverage, or any amendment that is required by law to be filed with the commissioner for approval before use in Indiana.

(e) As used in this section, "type of insurance" refers to a type of coverage listed on the National Association of Insurance Commissioners Uniform Life, Accident and Health, Annuity and Credit Product Coding Matrix under the heading "Continuing Care Retirement Communities", "Health", "Long Term Care", or "Medicare Supplement".

(f) Each person having a role in the filing process described in subsection (i) shall act in good faith and with due diligence in the performance of the person's duties.

(g) A policy form, including a policy form of a policy, contract, certificate, rider, endorsement, evidence of coverage, or amendment that is issued through a health benefit exchange (as defined in IC 27-19-2-8), may not be issued or delivered in Indiana unless the policy form has been filed with and approved by the commissioner.

(h) The commissioner shall do the following:

(1) Create a document containing a list of all product filing requirements for each type of insurance, with appropriate citations to the law, administrative rule, or bulletin that specifies the requirement, including the citation for the type of insurance to which the requirement applies.

(2) Make the document described in subdivision (1) available on the department of insurance Internet site.

(3) Update the document described in subdivision (1) at least annually and not more than thirty (30) days following any change in a filing requirement.

(i) The filing process is as follows:

(1) A filer shall submit a policy form filing that:

(A) includes a copy of the document described in subsection (h);

(B) indicates the location within the policy form or supplement that relates to each requirement contained in the document described in subsection (h); and

(C) certifies that the policy form meets all requirements of state law.

(2) The commissioner shall review a policy form filing and, not more than thirty (30) days after the commissioner receives the filing under subdivision (1):

(A) approve the filing; or

(B) provide written notice of a determination:

(i) that deficiencies exist in the filing; or

(ii) that the commissioner disapproves the filing.

A written notice provided by the commissioner under clause (B) must be based only on the requirements set forth in the document described in subsection (h) and must cite the specific requirements not met by the filing. A written notice provided by the commissioner under clause (B)(i) must state the reasons for the commissioner's determination in sufficient detail to enable the filer to bring the policy form into compliance with the requirements not met by the filing.

(3) A filer may resubmit a policy form that:

(A) was determined deficient under subdivision (2) and has been amended to correct the deficiencies; or

(B) was disapproved under subdivision (2) and has been revised.

A policy form resubmitted under this subdivision must meet the requirements set forth as described in subdivision (1) and must be resubmitted not more than thirty (30) days after the filer receives the commissioner's written notice of deficiency or disapproval. If a policy form is not resubmitted within thirty (30) days after receipt of the written notice, the commissioner's determination regarding the policy form is final.

(4) The commissioner shall review a policy form filing resubmitted under subdivision (3) and, not more than thirty (30) days after the commissioner receives the resubmission:

(A) approve the resubmitted policy form; or

(B) provide written notice that the commissioner disapproves the resubmitted policy form.

A written notice of disapproval provided by the commissioner under clause (B) must be based only on the requirements set forth in the document described in subsection (h), must cite the specific requirements not met by the filing, and must state the reasons for the commissioner's determination in detail. The commissioner's approval or disapproval of a resubmitted policy form under this subdivision is final, except that the commissioner may allow the filer to resubmit a further revised policy form if the filer, in the filer's resubmission under subdivision (3), introduced new provisions or materially modified a substantive provision of the policy form. If the commissioner allows a filer to resubmit a further revised policy form under this subdivision, the filer must resubmit the further revised policy form not more than thirty (30) days after the filer receives notice under clause (B), and the commissioner shall issue a final determination on the further revised policy form not more than thirty (30) days after the commissioner receives the further revised policy form.

(5) If the commissioner disapproves a policy form filing under this subsection, the commissioner shall notify the filer, in writing, of the filer's right to a hearing as described in subsection (r). A disapproved policy form filing may not be used for a policy of accident and sickness insurance unless the disapproval is overturned in a hearing conducted under this subsection.

(6) If the commissioner does not take any action on a policy form that is filed or resubmitted under this subsection in accordance with any applicable period specified in subdivision (2), (3), or (4), the policy form filing is considered to be approved.

(j) Except as provided in this subsection, the commissioner may not disapprove a policy form resubmitted under subsection (i)(3) or (i)(4) for a reason other than a reason specified in the original notice of determination under subsection (i)(2)(B). The commissioner may disapprove a resubmitted policy form for a reason other than a reason specified in the original notice of determination under subsection (i)(2) if:

(1) the filer has introduced a new provision in the resubmission;

(2) the filer has materially modified a substantive provision of the policy form in the resubmission;

(3) there has been a change in requirements applying to the policy form; or

(4) there has been reviewer error and the written disapproval fails to state a specific requirement with which the policy form does not comply.

(k) The commissioner may return a grossly inadequate filing to the filer without triggering a deadline set forth in this section.

(l) The commissioner may disapprove a policy form if:

(1) the benefits provided under the policy form are not reasonable in relation to the premium charged; or

(2) the policy form contains provisions that are unjust, unfair, inequitable, misleading, or deceptive, or that encourage misrepresentation of the policy.

(m) Before approving or disapproving a premium rate increase or decrease, the commissioner shall consider the following:

(1) The products affected, by line of business.

(2) The number of covered lives affected.

(3) Whether the product is open or closed to new members in the product block.

(4) Applicable median cost sharing for the product, as allowed by state or federal law.

(5) The benefits provided and the underlying costs of the health services rendered.

(6) The implementation date of the increase or decrease.

(7) The overall percent premium rate increase or decrease that is requested.

(8) The actual percent premium rate increase or decrease to be approved.

(9) Incurred claims paid each year for the past three (3) years, if applicable.

(10) Earned premiums for each of the past three (3) years, if applicable.

(11) Projected medical cost trends in the geographic service region, if the product for which a rate increase or decrease is requested is not a product offered statewide.

(12) If applicable, historical rebates paid to the policyholder from the most recent health plan year under the federal Patient Protection and Affordable Care Act (P.L. 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (P.L. 111-152).

(13) The median cost sharing amount for an individual covered by the product, or the actuarial value information as required under the Patient Protection and Affordable Care Act, if applicable.

(n) The commissioner shall not approve a new product unless the commissioner has, at a minimum, considered the matters set forth in subsection (m)(1) through (m)(13).

(o) The information compiled, prepared, and considered by the commissioner under subsection (m)(1) through (m)(13) is subject to the requirements of IC 5-14-3. However, the commissioner's approval of a new product or a rate increase or decrease may take effect before the information compiled, prepared, and considered by the commissioner under subsection (m)(1) through (m)(13) is made accessible to the public under IC 5-14-3.

(p) When considering whether to approve a premium rate increase, the commissioner shall consider whether the current rate is appropriate for achieving the insurer's target loss ratio.

(q) To the extent authorized by the Patient Protection and Affordable Care Act and other federal law, the commissioner, under this section, may:

(1) consider network adequacy;

(2) conduct form review to ensure:

(A) minimum essential health benefits; and

(B) nondiscriminatory benefit design;

(3) perform accreditation confirmation; and

(4) confirm quality measures.

(r) Upon disapproval of a filing under this section, the commissioner shall provide written notice to the filer or insurer of the right to a hearing within twenty (20) days of a request for a hearing.

(s) Unless a policy form approved under this chapter contains a material error or omission, the commissioner may not:

(1) retroactively disapprove the policy form; or

(2) examine the filer of the policy form during a routine or targeted market conduct examination for compliance with a policy form filing requirement that was not in existence at the time the policy form was filed.

As added by P.L.173-2007, SEC.22. Amended by P.L.111-2008, SEC.3; P.L.278-2013, SEC.24; P.L.124-2018, SEC.76; P.L.190-2023, SEC.25.
Ind. Code § 27-8-39-4 — Indiana Code / Title 27 / Article 8 / Chapter 39 / Section 27-8-39-4
Prohibition on annual or lifetime coverage limitation
Status: in_force

Sec. 4. The coverage required by this chapter may not be subject to an annual or lifetime limitation.

As added by P.L.190-2023, SEC.31.
Ind. Code § 27-4-1.5-8 — Indiana Code / Title 27 / Article 4 / Chapter 1.5 / Section 27-4-1.5-8
Insurer notice to insured; body parts to be used in repair
Status: in_force

Sec. 8. (a) An insurer that is obligated to pay at least part of the cost of repairing the exterior of a motor vehicle under an insurance policy issued by the insurer may not direct a body shop to repair the motor vehicle until the insurer has presented the insured with a written notice that meets the requirements set forth in subsections (b) and (c).

(b) An insurer described in subsection (a) shall present the insured with a written notice that does the following:

(1) Informs the insured that the insured has a right to approve the type of body parts to be used in the repair of the motor vehicle.

(2) Gives the insured an opportunity, in approving the type of body parts to be used in the repair of the motor vehicle, to select from among the following:

(A) New body parts manufactured by or for the manufacturer of the motor vehicle.

(B) New body parts that were not manufactured by or for the manufacturer of the motor vehicle.

(C) Used body parts.

(c) An insurer described in subsection (a) shall give the insured an opportunity to indicate in writing the type of body part that the insured approves for use in the repair of the motor vehicle.

(d) This section applies only in the five (5) years after the model year of the motor vehicle.

As added by P.L.194-1991, SEC.2.
Ind. Code § 27-1-11-5 — Indiana Code / Title 27 / Article 1 / Chapter 11 / Section 27-1-11-5
Articles; presentation to secretary of state; duties of secretary of state
Status: in_force

Sec. 5. Upon the presentation of the articles of reorganization, the secretary of state, if he finds they conform to law, shall indorse his approval on each of the triplicate copies of the articles, and when all fees have been paid as required by law, shall file one (1) copy of the articles in his office, issue a certificate of reorganization, and return two (2) copies of the articles of reorganization, bearing the indorsement of his approval, together with the certificate of reorganization to the corporation or its representatives.

Formerly: Acts 1935, c.162, s.143.
Ind. Code § 27-13-36-10 — Indiana Code / Title 27 / Article 13 / Chapter 36 / Section 27-13-36-10
Access plan to meet needs of vulnerable, underserved, and non-English speaking enrollees
Status: in_force

Sec. 10. Each health maintenance organization shall demonstrate to the commissioner that the health maintenance organization has developed an access plan to meet the needs of the health maintenance organization's enrollees, including vulnerable and underserved enrollees and enrollees from major population groups who speak a primary language other than English.

As added by P.L.69-1998, SEC.14.
Ind. Code § 27-13-34-7 — Indiana Code / Title 27 / Article 13 / Chapter 34 / Section 27-13-34-7
Certificate of authority required; foreign entities
Status: in_force

Sec. 7. (a) After December 31, 1994, a person, corporation, partnership, limited liability company, or other entity may not operate a limited service health maintenance organization in Indiana without obtaining and maintaining a certificate of authority from the commissioner under this chapter.

(b) A for-profit or nonprofit corporation organized under the laws of another state, other than a foreign corporation defined under IC 27-1-2-3, may obtain a certificate of authority to operate a limited service health maintenance organization in Indiana if the foreign corporation is authorized to do business in Indiana under IC 23-0.5-5 and complies with this chapter.

(c) A foreign corporation (as defined in IC 27-1-2-3) may obtain a certificate of authority to operate a limited service health maintenance organization in Indiana if the foreign corporation complies with this chapter.

(d) A foreign or alien limited service health maintenance organization granted a certificate of authority under this chapter has the same but not greater rights and privileges than a domestic limited service health maintenance organization.

As added by P.L.26-1994, SEC.25. Amended by P.L.203-2001, SEC.32; P.L.118-2017, SEC.122.
Ind. Code § 27-4-4-2 — Indiana Code / Title 27 / Article 4 / Chapter 4 / Section 27-4-4-2
Definitions
Status: in_force

Sec. 2. As used in this chapter and unless a different meaning appears from the context:

(a) The term "insurer" means a company, firm, partnership, association, order, society, or system making any kind or kinds of insurance and shall include associations operating as Lloyds, reciprocal, or interinsurers, or individual underwriters.

(b) The term "unauthorized foreign insurer" means an insurer organized under the laws of, or whose place of domicile is in any state of the United States other than this state or organized under the laws of, or whose place of domicile is in any territory or insular possession of the United States or the District of Columbia, and which insurer is not admitted, authorized, and licensed in accordance with the laws of this state to do and transact the business of insurance in the state of Indiana.

(c) The term "unauthorized alien insurer" means an insurer organized under the laws of, or whose place of domicile is in any country other than the United States or territory or insular possession thereof, or the District of Columbia, and which insurer is not admitted, authorized, and licensed in accordance with the laws of this state to do and transact the business of insurance in the state of Indiana.

Formerly: Acts 1955, c.203, s.2. As amended by P.L.252-1985, SEC.160.
Ind. Code § 27-1-12-18 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-18
Contract to extend time for premium payments
Status: in_force

Sec. 18. A life insurance company may enter into subsequent agreements in writing with the insured, which need not be attached to the policy, to extend the time for the payment of any premium, or part thereof, upon condition that failure to comply with the terms of such agreement shall lapse the policy as provided in said agreement or in the policy. Subject to such lien as may be created to secure any indebtedness contracted by the insured in consideration of such extension, said agreement shall not impair any right existing under the policy.

Formerly: Acts 1935, c.162, s.157.
Ind. Code § 27-1-39-8 — Indiana Code / Title 27 / Article 1 / Chapter 39 / Section 27-1-39-8
Consortium governance
Status: in_force

Sec. 8. A consortium shall be governed by a governing authority comprised entirely of representatives of the consortium's members.

As added by P.L.38-2006, SEC.1.
Ind. Code § 27-1-42-4 — Indiana Code / Title 27 / Article 1 / Chapter 42 / Section 27-1-42-4
"Department"
Status: in_force

Sec. 4. As used in this chapter, "department" refers to the department of insurance created by IC 27-1-1-1.

As added by P.L.70-2013, SEC.1.
Ind. Code § 27-15-3-2 — Indiana Code / Title 27 / Article 15 / Chapter 3 / Section 27-15-3-2
Content of application
Status: in_force

Sec. 2. The application must contain the following information, together with such additional information as the commissioner may require:

(1) The plan of conversion and a certificate of the secretary of the converting mutual certifying the adoption of the plan by the board of directors.

(2) A statement of the reasons for the proposed conversion and why the conversion is in the best interests of the converting mutual, the eligible members, and the other policyholders. The statement must include an analysis of the risks and benefits to the converting mutual and its members of the proposed conversion and a comparison of the risks and benefits of the conversion with the risks and benefits of reasonable alternatives to a conversion.

(3) A five (5) year business plan and at least two (2) years of financial projections of the former mutual and any parent company.

(4) Any plans that the former mutual or any parent company may have to:

(A) raise additional capital through the issuance of stock or otherwise;

(B) sell or issue stock to any person, including any compensation or benefit plan for directors, officers, or employees under which stock may be issued;

(C) liquidate or dissolve any company or sell any material assets;

(D) merge or consolidate or pursue any other form of reorganization with any person; or

(E) make any other material change in investment policy, business, corporate structure, or management.

(5) Any plans for a delayed distribution of consideration to eligible members or restrictions on sale or transfer of stock or other securities.

(6) A copy of the form of trust agreement, if a distribution of consideration is to be delayed by more than six (6) months after the effective date of the conversion.

(7) A plan of operation for a closed block, if a closed block is used for the preservation of the reasonable dividend expectations of eligible members and other policyholders with policies that provide for the distribution of policy dividends.

(8) Copies of the amendment to the articles of incorporation proposed by the board of directors and the proposed bylaws of the former mutual and copies of the existing and any proposed articles of incorporation and bylaws of any parent company.

(9) A list of all individuals who are or have been selected to become directors or officers of the former mutual and any parent company, or the individuals who perform or will perform duties customarily performed by a director or officer, and the following information concerning each individual on the list unless the information is already on file with the commissioner:

(A) The individual's principal occupation.

(B) All offices and positions the individual has held in the preceding five (5) years.

(C) Any crime of which the individual has been convicted (other than traffic violations) in the preceding ten (10) years.

(D) Information concerning any personal bankruptcy of the individual or the individual's spouse during the previous seven (7) years.

(E) Information concerning the bankruptcy of any corporation or other entity of which the individual was an officer or director during the previous seven (7) years.

(F) Information concerning allegations of state or federal securities law violations made against the individual that within the previous ten (10) years resulted in:

(i) a determination that the individual violated state or federal securities law;

(ii) a plea of nolo contendere; or

(iii) a consent decree.

(G) Information concerning the suspension, revocation, or other disciplinary action during the previous ten (10) years of any state or federal license issued to the individual.

(H) Information as to whether the individual was refused a bond during the previous ten (10) years.

(10) A fairness opinion addressed to the board of directors of the converting mutual from a qualified, independent financial adviser, asserting:

(A) that the provision of stock, cash, policy benefits, or other forms of consideration upon the extinguishing of the converting mutual's membership interests under the plan of conversion and the amendment to the articles of incorporation is fair to the eligible members, as a group, from a financial point of view; and

(B) whether the total consideration under clause (A) is equal to or greater than the surplus of the converting mutual.

(11) An actuarial opinion as to the following:

(A) The reasonableness and appropriateness of the methodology or formulas used to allocate consideration among eligible members, consistent with this article.

(B) The reasonableness of the plan of operation and the sufficiency of the assets allocated to the closed block, if a closed block is used for the preservation of the reasonable dividend expectations of eligible members and other policyholders with policies that provide for the distribution of policy dividends.

(12) If any of the consideration to be distributed to eligible members consists of stock or other securities, a description of the plans made by the former mutual or its parent company to assure that an active public trading market for the stock or other securities will develop within a reasonable amount of time after the effective date of the plan of conversion and that eligible members who receive stock or other securities will be able to sell their stock or other securities, subject to any delayed distribution or transfer restrictions under this article, at reasonable cost and effort. The plans may consist of the following:

(A) Appointing a registrar and transfer agent for the stock or other securities.

(B) Making filings, applications, or registrations for the stock or other securities with the federal Securities and Exchange Commission and state securities commissioners.

(C) Listing the stock or other securities on a national or other securities exchange.

(D) Facilitating coverage of the stock or other securities by research analysts and securing the commitment of at least one (1) market maker to make a market in the stock or other securities.

(E) Conducting an underwritten public offering of the same class of stock or other securities, promptly following the effectiveness of the plan of conversion, in order to facilitate the development of a public market.

(F) Making available a procedure for eligible members holding small numbers or amounts of stock or other securities to sell their stock or other securities to the former mutual or a parent company at market value without the payment of brokerage commissions or similar fees, or to sell their stock or other securities in the market through a broker with discounted brokerage commissions or fees.

(13) Any additional information, documents, or materials that the converting mutual determines to be necessary.

(14) Any other additional information, documents, or materials that the commissioner requests in writing.

As added by P.L.94-1999, SEC.3.
Ind. Code § 27-8-26-10 — Indiana Code / Title 27 / Article 8 / Chapter 26 / Section 27-8-26-10
Enforcement of chapter; rules
Status: in_force

Sec. 10. (a) The commissioner shall enforce this chapter.

(b) The commissioner may adopt rules under IC 4-22-2 to carry out this chapter.

As added by P.L.150-1997, SEC.4.
Ind. Code § 27-1-37-3.5 — Indiana Code / Title 27 / Article 1 / Chapter 37 / Section 27-1-37-3.5
"Hospital system" defined
Status: in_force

Sec. 3.5. As used in this chapter, "hospital system" means:

(1) a parent corporation of at least one (1) hospital and any entity affiliated with the parent corporation through ownership, governance, or membership; or

(2) a hospital and any entity affiliated with the hospital through ownership, governance, or membership.

As added by P.L.198-2021, SEC.20.
Ind. Code § 27-11-8-2 — Indiana Code / Title 27 / Article 11 / Chapter 8 / Section 27-11-8-2
Annual financial statement
Status: in_force

Sec. 2. (a) Reports shall be filed in accordance with this section.

(b) Every society transacting business in this state shall annually, before March 1, unless for cause shown the time has been extended by the commissioner:

(1) file with the commissioner:

(A) a true statement of its financial condition, transactions, and affairs for the preceding calendar year on the Annual Statement Blank for fraternal benefit societies; and

(B) any additional information required by the commissioner; and

(2) pay a fee of twenty-five dollars ($25) for filing the statement.

(c) As part of the annual statement required in this section, each society shall, before March 1, file with the commissioner a valuation of its certificates in force on December 31 last preceding, provided the commissioner may for cause shown, extend the time for filing the valuation for not more than two (2) calendar months. The valuation shall be done in accordance with the standards specified in section 1 of this chapter. The valuation and underlying data shall be certified by a qualified actuary or, at the expense of the society, verified by the actuary of the department of insurance of the state of domicile of the society.

(d) A society neglecting to file the annual statement in the form and within the time provided by this section shall forfeit one hundred dollars ($100) for each day during which the neglect continues, and, upon notice by the commissioner to that effect, its authority to do business in Indiana shall cease while the default continues.

As added by P.L.262-1985, SEC.1. Amended by P.L.31-1988, SEC.24; P.L.124-2018, SEC.87.
Ind. Code § 27-7-2-8 — Indiana Code / Title 27 / Article 7 / Chapter 2 / Section 27-7-2-8
Membership in bureau
Status: in_force

Sec. 8. The bureau shall admit to membership every company lawfully engaged in whole or in part in writing worker's compensation insurance in Indiana.

Formerly: Acts 1935, c.323, s.8. As amended by P.L.28-1988, SEC.90.
Ind. Code § 27-14.5-1-28 — Indiana Code / Title 27 / Article 14.5 / Chapter 1 / Section 27-14.5-1-28
"Reorganized insurer"
Status: in_force

Sec. 28. "Reorganized insurer" means an entity:

(1) that is a domestic stock insurance company that is owned entirely or in part by a mutual insurance holding company or an intermediate stock holding company; and

(2) the members of which:

(A) may be; or

(B) are entitled to become;

members of the mutual insurance holding company.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-4-5-4 — Indiana Code / Title 27 / Article 4 / Chapter 5 / Section 27-4-5-4
Appointment of attorney for service of process; method of service
Status: in_force

Sec. 4. (a) Any act of transacting an insurance business as set forth in section 2 of this chapter by any unauthorized insurer is equivalent to and shall constitute an irrevocable appointment by such insurer, binding upon him, his executor or administrator, or successor in interest if a corporation, of the secretary of state or his successor in office, to be the true and lawful attorney of such insurer upon whom may be served all lawful process in any action, suit, or proceeding in any court by the commissioner of insurance or by the state and upon whom may be served any notice, order, pleading, or process in any proceeding before the commissioner of insurance and which arises out of transacting an insurance business in this state by such insurer. Any act of transacting an insurance business in this state by any unauthorized insurer shall be signification of its agreement that any such lawful process in such court action, suit, or proceeding and any such notice, order, pleading, or process in such administrative proceeding before the commissioner of insurance so served shall be of the same legal force and validity as personal service of process in this state upon such insurer.

(b) Service of process in such action shall be made by delivering to and leaving with the secretary of state, or some person in apparent charge of his office, two (2) copies thereof and by payment to the secretary of state of the fee prescribed by law. Service upon the secretary of state as such attorney shall be service upon the principal.

(c) The secretary of state shall forthwith forward by certified mail one (1) of the copies of such process or such notice, order, pleading, or process in proceedings before the commissioner to the defendant in such court proceeding or to whom the notice, order, pleading, or process in such administrative proceeding is addressed or directed at its last known principal place of business and shall keep a record of all process so served on him which shall show the day and hour of service. Such service is sufficient, provided:

(1) notice of such service and a copy of the court process or the notice, order, pleading, or process in such administrative proceeding are sent within ten (10) days thereafter by certified mail by the plaintiff or the plaintiff's attorney in the court proceeding or by the commissioner of insurance in the administrative proceeding to the defendant in the court proceeding or to whom the notice, order, pleading, or process in such administrative proceeding is addressed or directed at the last known place of business of the defendant in the court or administrative proceeding; and

(2) the defendant's receipt or receipts issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person or insurer to whom the letter is addressed, and an affidavit of the plaintiff or the plaintiff's attorney in court proceeding or of the commissioner of insurance in administrative proceeding, showing compliance therewith are filed with the clerk of the court in which such action, suit, or proceeding is pending or with the commissioner in administrative proceedings, on or before the date the defendant in the court or administrative proceeding is required to appear or respond thereto, or within such further time as the court or commissioner of insurance may allow.

(d) No plaintiff shall be entitled to a judgment or a determination by default in any court or administrative proceeding in which court process or notice, order, pleading, or process in proceedings before the commissioner of insurance is served under this section until the expiration of forty-five (45) days from the date of filing of the affidavit of compliance.

(e) Nothing in this section shall limit or affect the right to serve any process, notice, order, or demand upon any person or insurer in any other manner permitted by law.

Formerly: Acts 1969, c.194, s.4; Acts 1971, P.L.1, SEC.10. As amended by P.L.252-1985, SEC.167.
Ind. Code § 27-7-3.7-4 — Indiana Code / Title 27 / Article 7 / Chapter 3.7 / Section 27-7-3.7-4
"Good funds"
Status: in_force

Sec. 4. As used in this chapter, "good funds" means funds in any of the following forms:

(1) United States currency.

(2) Wired funds unconditionally held by and irrevocably credited to the escrow account of the closing agent.

(3) Certified or cashier's checks that are drawn on an existing account at a:

(A) bank;

(B) savings and loan association;

(C) credit union; or

(D) savings bank;

chartered under the laws of a state or the United States.

(4) A check drawn on the trust account of a real estate broker licensed under IC 25-34.1, if the closing agent has reasonable and prudent grounds to believe that sufficient funds will be available for withdrawal from the account on which the check is drawn at the time of disbursement of funds from the closing agent's escrow account.

(5) A personal check not to exceed five hundred dollars ($500) per closing.

(6) A check issued by the state, the United States, or a political subdivision of the state or the United States.

(7) A check drawn on the escrow account of another closing agent, if the closing agent in the escrow transaction has reasonable and prudent grounds to believe that sufficient funds will be available for withdrawal from the account upon which the check is drawn at the time of disbursement of funds from the escrow account of the closing agent in the escrow transaction.

(8) A check issued by a farm credit service authorized under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.).

(9) A check that is deposited and held in the escrow account of the closing agent for at least fourteen (14) days before the date of closing.

As added by P.L.92-2009, SEC.1. Amended by P.L.72-2016, SEC.18.
Ind. Code § 27-1-6-8 — Indiana Code / Title 27 / Article 1 / Chapter 6 / Section 27-1-6-8
Articles of incorporation; approval or disapproval by department
Status: in_force

Sec. 8. The department is hereby authorized, in its discretion, to approve or disapprove the articles of incorporation of the proposed company. If the department shall approve the articles of incorporation of the proposed company, the department shall write or stamp, in an appropriate place on each of said triplicate copies of such articles of incorporation, the:

(1) words "Approved by the department of insurance of the state of Indiana";

(2) date of the approval;

(3) impression of the seal of the department; and

(4) signature of the commissioner.

Formerly: Acts 1935, c.162, s.68. As amended by P.L.146-2015, SEC.20.
Ind. Code § 27-9-3.1-14 — Indiana Code / Title 27 / Article 9 / Chapter 3.1 / Section 27-9-3.1-14
Transfer of amounts with receiver
Status: reserved

Sec. 14. (a) Notwithstanding a walkaway clause in a netting agreement or qualified financial contract, upon termination of the netting agreement or qualified financial contract, any net or settlement amount owed by a nondefaulting party to an insurer against which an application or petition has been filed under IC 27-9-3 must be transferred:

(1) to; or

(2) according to the order of;

the receiver for the insurer, regardless of whether the insurer is the defaulting party.

(b) For purposes of subsection (a), a limited two-way payment or first method provision in a netting agreement or qualified financial contract with an insurer that has defaulted is considered to be a full two-way payment or second method provision as against the defaulting insurer.

As added by P.L.11-2011, SEC.36.
Ind. Code § 27-8-15-4 — Indiana Code / Title 27 / Article 8 / Chapter 15 / Section 27-8-15-4
"Base premium rate"
Status: in_force

Sec. 4. As used in this chapter, "base premium rate" means the lowest premium rate charged or that could have been charged under a rating system by the small employer insurer to small employers with similar case characteristics and benefit design characteristics.

As added by P.L.127-1992, SEC.1.
Ind. Code § 27-2-25.5-4 — Indiana Code / Title 27 / Article 2 / Chapter 25.5 / Section 27-2-25.5-4
Plan sponsor's right to audit; disclosure of data; violation; rules
Status: in_force

Sec. 4. (a) A plan sponsor that contracts with a third party administrator, the office of the secretary of family and social services that contracts with a managed care organization (as defined in IC 12-7-2.1-218) to provide services to a Medicaid recipient, or the state personnel department that contracts with a prepaid health care delivery plan under IC 5-10-8-7(c) to provide group health coverage for state employees may, one (1) time in a calendar year and not earlier than six (6) months following a previously requested audit, request an audit of compliance with the contract. If requested by the plan sponsor, office of the secretary of family and social services, or state personnel department, the audit shall include full disclosure of the following concerning data specific to the plan sponsor, office of the secretary, or state personnel department:

(1) Claims data described in section 1 of this chapter.

(2) Claims received by the third party administrator, managed care organization, or prepaid health care delivery plan on any of the following:

(A) The CMS-1500 form or its successor form.

(B) The HCFA-1500 form or its successor form.

(C) The HIPAA X12 837P electronic claims transaction for professional services, or its successor transaction.

(D) The HIPAA X12 837I institutional form or its successor form.

(E) The CMS-1450 form or its successor form.

(F) The UB-04 form or its successor form.

The forms or transaction may be modified as necessary to comply with the federal Health Insurance Portability and Accountability Act (HIPAA) (P.L. 104-191).

(3) Claims payments, electronic funds transfer, or remittance advice notices provided by the third party administrator, managed care organization, or prepaid health care delivery plan as ASC X12N 835 files or a successor format. The files may be modified only as necessary to comply with the federal Health Insurance Portability and Accountability Act (HIPAA) (P.L. 104-191). In the event that paper claims are provided, the third party administrator, managed care organization, or prepaid health care delivery plan shall convert the paper claims to the ASC X12N 835 electronic format or a successor format.

(4) Any fees charged to the plan sponsor, office of the secretary of family and social services, or state personnel department related to plan administration and claims processing, including renegotiation fees, access fees, repricing fees, or enhanced review fees.

(b) A third party administrator, managed care organization, or prepaid health care delivery plan may not impose:

(1) fees for:

(A) requesting an audit under this section; or

(B) selecting an auditor other than an auditor designated by the third party administrator, managed care organization, or prepaid health care delivery plan; or

(2) conditions that would restrict a party's right to conduct an audit under this section, including restrictions on the:

(A) time period of the audit;

(B) number of claims analyzed;

(C) type of analysis conducted;

(D) data elements used in the analysis; or

(E) selection of an auditor as long as the auditor:

(i) does not have a conflict of interest;

(ii) meets a threshold for liability insurance specified in the contract between the parties;

(iii) does not work on a contingent fee basis; and

(iv) does not have a history of breaching nondisclosure agreements.

(c) A third party administrator, managed care organization, or prepaid health care delivery plan shall provide claims data to the contract holder not later than fifteen (15) business days after the claims data is requested.

(d) Information provided in an audit under this section must be provided in accordance with the federal Health Insurance Portability and Accountability Act (HIPAA) (P.L. 104-191).

(e) A contract that is entered into, issued, amended, or renewed after June 30, 2024, may not contain a provision that violates this section.

(f) A violation of this section is an unfair or deceptive act or practice in the business of insurance under IC 27-4-1-4.

(g) The department may also adopt rules under IC 4-22-2 to set forth fines for a violation under this section.

As added by P.L.152-2024, SEC.16. Amended by P.L.216-2025, SEC.49; P.L.186-2025, SEC.295; P.L.215-2025, SEC.62; P.L.145-2026, SEC.146.
Ind. Code § 27-1-12-43 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-43
Life insurance provision allowing for right to return policy
Status: in_force

Sec. 43. (a) As used in this section, "life insurance policy" means:

(1) an individual life insurance policy other than a credit life insurance policy; or

(2) an individual policy of variable life insurance;

that is sold after June 30, 1994.

(b) No life insurance policy may be issued in Indiana or issued for delivery in Indiana unless it contains a provision allowing the policyholder to return the policy to:

(1) the insurer;

(2) the insurance producer through whom the policy was purchased; or

(3) any agent of the insurer;

within ten (10) days after the policy is received by the policyholder for a full refund of all money paid by the policyholder.

(c) Each life insurance policy must have prominently printed on its first page a notice setting forth in substance the provisions of subsection (b).

As added by P.L.116-1994, SEC.25. Amended by P.L.178-2003, SEC.16.
Ind. Code § 27-1-42-14 — Indiana Code / Title 27 / Article 1 / Chapter 42 / Section 27-1-42-14
Violations of chapter
Status: in_force

Sec. 14. A certificate of insurance or any other document that is prepared, issued, requested, or required in violation of this chapter is void.

As added by P.L.70-2013, SEC.1.
Ind. Code § 27-19-4-7 — Indiana Code / Title 27 / Article 19 / Chapter 4 / Section 27-19-4-7
Verification of information; fees
Status: in_force

Sec. 7. (a) The commissioner may require the production of any document that is reasonably necessary to verify the information contained in an application submitted under section 5 or 6 of this chapter.

(b) The commissioner shall collect from each applicant for certification or registration under this chapter a nonrefundable application fee established by the commissioner in an amount expected to generate revenue sufficient to cover the costs incurred by the commissioner in implementing this chapter.

As added by P.L.278-2013, SEC.27.
Ind. Code § 27-7-5-5 — Indiana Code / Title 27 / Article 7 / Chapter 5 / Section 27-7-5-5
Limitations on coverage
Status: in_force

Sec. 5. (a) The policy or endorsement affording coverage specified in this chapter may provide that the total limit of all insurers' liability arising out of any one (1) accident shall not exceed the highest limits under any one (1) policy applicable to the loss, but in no event may coverage be less than the minimum set forth in IC 9-25-4-5.

(b) When the coverage specified in this chapter is written to apply to one (1) or more motor vehicles under a single automobile liability policy, such coverage applies only to the operation of those motor vehicles for which a specific uninsured or underinsured motorist premium charge has been made and does not apply to the operation of any motor vehicles insured under the policy or owned by the named insured for which a premium charge has not been made.

(c) The maximum amount payable for bodily injury under uninsured or underinsured motorist coverage is the lesser of:

(1) the difference between:

(A) the amount paid in damages to the insured by or for any person or organization who may be liable for the insured's bodily injury; and

(B) the per person limit of uninsured or underinsured motorist coverage provided in the insured's policy; or

(2) the difference between:

(A) the total amount of damages incurred by the insured; and

(B) the amount paid by or for any person or organization liable for the insured's bodily injury.

As added by Acts 1982, P.L.166, SEC.4. Amended by P.L.391-1987(ss), SEC.3; P.L.2-1991, SEC.90; P.L.1-1992, SEC.153; P.L.1-1993, SEC.205.
Ind. Code § 27-4-9-2 — Indiana Code / Title 27 / Article 4 / Chapter 9 / Section 27-4-9-2
"Consumer"
Status: in_force

Sec. 2. As used in this chapter, "consumer" means an individual who receives a recommendation to purchase or exchange an annuity that results in the recommended purchase or exchange.

As added by P.L.138-2005, SEC.2. Amended by P.L.131-2007, SEC.2.
Ind. Code § 27-1-50-4 — Indiana Code / Title 27 / Article 1 / Chapter 50 / Section 27-1-50-4
"Insurer"
Status: in_force

Sec. 4. As used in this chapter, "insurer" means an insurer that provides health insurance coverage to a covered individual.

As added by P.L.166-2023, SEC.3.
Ind. Code § 27-11-1-0.3 — Indiana Code / Title 27 / Article 11 / Chapter 1 / Section 27-11-1-0.3
Society authorized to transact business under prior law not required to reincorporate; renewal of licenses
Status: in_force

Sec. 0.3. (a) Any incorporated society authorized to transact business in Indiana under IC 27-1-14 (before its repeal) on December 31, 1985, is not required to reincorporate under this article.

(b) Societies described in subsection (a) may continue to transact business until April 30, 1986, and their licenses may be renewed annually under this article.

As added by P.L.220-2011, SEC.456.
Ind. Code § 27-1-23-6 — Indiana Code / Title 27 / Article 1 / Chapter 23 / Section 27-1-23-6
Confidential and privileged information; sharing of information; requirements
Status: in_force

Sec. 6. (a) Documents, materials, and other information in the possession or control of the department that are obtained by or disclosed to the commissioner or any other person in the course of an examination or investigation made pursuant to section 5 of this chapter and all information reported pursuant to sections 2(c)(17), 2(c)(18), 3, and 4 of this chapter are confidential and privileged and shall not be subject to subpoena, discoverable, or admissible in evidence in a private civil action. However, the commissioner may use the documents, materials, and other information in the performance of the commissioner's duties as described in subsections (c) and (d). The commissioner shall not make the materials, documents, or other information public without the prior written consent of the insurer to which it pertains unless the commissioner, after giving the insurer and its affiliates who would be affected thereby notice and opportunity to be heard, determines that the interests of policyholders or the public will be served by the publication thereof, in which event the commissioner may publish all or any part thereof in such manner as the commissioner considers appropriate.

(b) The commissioner and any other person:

(1) who receives documents, materials, or other information while acting under the authority of the commissioner; or

(2) with whom the documents, materials, or other information are shared;

under this chapter is not permitted or required to testify in a private civil action concerning any documents, materials, or other information that is confidential under subsection (a).

(c) The commissioner may do the following:

(1) Except as provided in subdivision (2), share documents, materials, and other information described in this section with the following if the recipient agrees in writing, and provides written verification that the recipient has the legal authority, to maintain the confidential and privileged status of the documents, materials, and other information:

(A) Other state, federal, and international regulatory agencies.

(B) The NAIC and affiliates and subsidiaries of the NAIC.

(C) State, federal, and international law enforcement authorities.

(D) Members of a supervisory college described in section 5.1 of this chapter.

(2) With respect to confidential and privileged documents, materials, and other information reported under section 3(l) of this chapter, share the documents, materials, and other information with commissioners who:

(A) regulate insurance in states with a law that is substantially similar to subsection (a); and

(B) have agreed in writing not to disclose the documents, materials, or other information.

(3) Receive documents, materials, or other information from:

(A) the NAIC and affiliates and subsidiaries of the NAIC; and

(B) regulatory and law enforcement officials of domestic or foreign jurisdictions;

if the commissioner maintains the confidential or privileged status of the documents, materials, and other information that are received with notice or the understanding that the documents, materials, and other information are confidential or privileged under the laws of the jurisdiction that is the source of the documents, materials, and other information.

(d) The commissioner shall enter into written agreements with the NAIC governing sharing and use of information provided under this chapter, including the following:

(1) Procedures and protocols concerning the confidentiality and security of information shared:

(A) with the NAIC and affiliates and subsidiaries of the NAIC under this chapter; and

(B) by the NAIC with other state, federal, and international regulators.

(2) A statement that, with respect to information shared with and used by the NAIC and affiliates and subsidiaries of the NAIC under this chapter:

(A) the commissioner maintains ownership of the information; and

(B) the use of the information is subject to the direction of the commissioner.

(3) A requirement that, if confidential information of an insurer that is in the possession of the NAIC under this chapter is subject to a request or subpoena to the NAIC for production or disclosure, the NAIC will provide prompt notice to the insurer.

(4) A requirement that the NAIC and affiliates and subsidiaries of the NAIC will allow intervention by an insurer in a judicial or administrative action under which the NAIC or affiliates or subsidiaries of the NAIC may be required to disclose confidential information concerning the insurer that has been shared with the NAIC or affiliates or subsidiaries of the NAIC under this chapter.

(e) The sharing of information by the commissioner under this chapter is not considered to be a delegation of regulatory authority. The commissioner is solely responsible for the administration, implementation, and enforcement of this chapter.

(f) Disclosure to or sharing by the commissioner of documents, materials, or other information under this chapter is not a waiver of any applicable privilege or claim of confidentiality in the documents, materials, or other information.

(g) Documents, materials, and other information in the possession or control of the NAIC under this section are:

(1) confidential;

(2) privileged;

(3) not subject to subpoena; and

(4) not discoverable or admissible in evidence in a private civil action.

Formerly: Acts 1971, P.L.387, SEC.1. As amended by Acts 1981, P.L.244, SEC.6; P.L.26-1991, SEC.14; P.L.81-2012, SEC.18; P.L.124-2018, SEC.42.
Ind. Code § 27-8-14-0.1 — Indiana Code / Title 27 / Article 8 / Chapter 14 / Section 27-8-14-0.1
Application of chapter; application of certain amendments to chapter
Status: in_force

Sec. 0.1. (a) The addition of this chapter and the amendments made to IC 13-1-2-11 (before its repeal, now codified at IC 16-41-35-30) by P.L.119-1991 apply to an insurance policy that is issued or renewed after June 30, 1991.

(b) The amendments made to section 6 of this chapter by P.L.170-1999 apply to accident and sickness insurance policies that are issued, delivered, or renewed after June 30, 1999.

As added by P.L.220-2011, SEC.443.
Ind. Code § 27-1-36-41 — Indiana Code / Title 27 / Article 1 / Chapter 36 / Section 27-1-36-41
"Mandatory control level event"
Status: in_force

Sec. 41. As used in this chapter, "mandatory control level event" means any of the following events:

(1) The filing of an RBC report that indicates that the insurer's total adjusted capital is less than its mandatory control level RBC.

(2) Notification by the commissioner to the insurer of an adjusted RBC report that indicates that the insurer's total adjusted capital is less than its mandatory control level RBC unless the insurer challenges the adjusted RBC report under section 44 of this chapter.

(3) Notification by the commissioner to the insurer that the commissioner has, after a hearing under section 44 of this chapter, rejected the insurer's challenge to an adjusted RBC report.

As added by P.L.186-1996, SEC.1.
Ind. Code § 27-1-10-1 — Indiana Code / Title 27 / Article 1 / Chapter 10 / Section 27-1-10-1
Surrender of certificate of incorporation; time; procedure
Status: in_force

Sec. 1. With the approval in writing of the department, the incorporators named in the articles of incorporation of any corporation organized under the provisions of this article may surrender the certificate of incorporation and all of the corporate rights and franchises of the corporation at any time within one (1) year from the date of the issuance of the certificate and before the issuance of any of the shares of capital stock of the corporation and before the beginning by it of the business for which it was formed, by presenting to the secretary of state at his office, accompanied by the fees prescribed by law, a certificate in triplicate, signed and verified by the joint and several oaths of a majority of the incorporators in the form prescribed by the secretary of state, showing that no shares of the capital stock of the corporation have been issued and that the amount, if any, actually paid in on the shares, less any part thereof disbursed for necessary expenses, had been returned to those entitled thereto, that such business has not been begun, that no debts remain unpaid, and that they surrender all rights and franchises.

Formerly: Acts 1935, c.162, s.131. As amended by P.L.252-1985, SEC.47.
Ind. Code § 27-1-4.1-14 — Indiana Code / Title 27 / Article 1 / Chapter 4.1 / Section 27-1-4.1-14
Nonseverability
Status: in_force

Sec. 14. Notwithstanding IC 1-1-1-8, section 11 of this chapter is not severable.

As added by P.L.146-2015, SEC.19.
Ind. Code § 27-19-1-4 — Indiana Code / Title 27 / Article 19 / Chapter 1 / Section 27-19-1-4
Implementation of article
Status: in_force

Sec. 4. The commissioner may do the following to implement this article:

(1) Adopt rules under IC 4-22-2.

(2) Enter into a contract, agreement, or memorandum of understanding with the following:

(A) A health benefit exchange.

(B) An entity that contracts with, or is a subcontractor of, a health benefit exchange.

(C) A federal or state agency.

(D) A health benefit exchange operating in another state.

(E) An agency of another state.

(F) A health plan.

(G) Another person, for purposes of the performance of necessary functions, as determined by the commissioner.

(3) Enter with a person described in subdivision (2) into an information sharing agreement:

(A) that concerns the disclosure and receiving of data necessary to implement this article or PPACA; and

(B) that:

(i) includes adequate protections with respect to confidentiality of the shared information; and

(ii) complies with applicable state and federal law.

As added by P.L.278-2013, SEC.27.
Ind. Code § 27-1-15.7-3 — Indiana Code / Title 27 / Article 1 / Chapter 15.7 / Section 27-1-15.7-3
Extension for continuing education requirements
Status: in_force

Sec. 3. (a) The commissioner may grant an extension for complying with the continuing education requirement set forth in section 2 of this chapter.

(b) To receive an extension under this section, a licensee must:

(1) file a request with the commissioner on a form provided by the commissioner; and

(2) submit with the request an extension fee of twenty-five dollars ($25) for deposit in the department of insurance fund under IC 27-1-3-28.

(c) After a licensee files a request for an extension, the license of the licensee remains in effect until the commissioner makes a decision on the request.

(d) If the commissioner denies a licensee's request for an extension, the licensee must complete continuing education requirements set forth in section 2 of this chapter within ninety (90) days after the commissioner notifies the licensee of the denial.

As added by P.L.132-2001, SEC.4. Amended by P.L.81-2012, SEC.5.
Ind. Code § 27-2-18-8 — Indiana Code / Title 27 / Article 2 / Chapter 18 / Section 27-2-18-8
Time of filing
Status: in_force

Sec. 8. The report required in section 7 of this chapter must be filed not later than fifteen (15) days after the end of the calendar month in which the transaction that requires the filing occurred.

As added by P.L.251-1995, SEC.17.
Ind. Code § 27-7-10-21 — Indiana Code / Title 27 / Article 7 / Chapter 10 / Section 27-7-10-21
Prohibited coverage
Status: in_force

Sec. 21. The terms of any insurance policy issued by any risk retention group may not provide, or be construed to provide, coverage prohibited generally by Indiana law or declared unlawful by the Indiana supreme court.

As added by P.L.162-1988, SEC.2.
Ind. Code § 27-2-28-1 — Indiana Code / Title 27 / Article 2 / Chapter 28 / Section 27-2-28-1
Application of chapter
Status: in_force

Sec. 1. (a) This chapter applies to a personal automobile or homeowner's policy that is issued, delivered, amended, or renewed on or after January 1, 2027.

(b) This chapter does not apply to:

(1) notices required by the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); or

(2) declinations of coverage.

As added by P.L.226-2023, SEC.20. Amended by P.L.158-2024, SEC.18; P.L.236-2025, SEC.8; P.L.86-2026, SEC.4.
Ind. Code § 27-1-3.1-2 — Indiana Code / Title 27 / Article 1 / Chapter 3.1 / Section 27-1-3.1-2
Company
Status: in_force

Sec. 2. As used in this chapter, "company" means any person engaging in or proposing or attempting to engage in any transaction or kind of insurance or surety business and any person or group of persons who may otherwise be subject to the administrative, regulatory, or taxing authority of the commissioner.

As added by P.L.26-1991, SEC.5.
Ind. Code § 27-1-34-8.5 — Indiana Code / Title 27 / Article 1 / Chapter 34 / Section 27-1-34-8.5
Stop loss policy issued to arrangement providing benefits to public entity
Status: in_force

Sec. 8.5. (a) This section applies:

(1) only to an arrangement that provides benefits for a public entity; and

(2) only with respect to the benefits provided by the arrangement to a public entity.

(b) A policy of stop loss insurance issued by a reinsurer to an arrangement providing benefits under this chapter must cover claims submitted within:

(1) the timely filing limit of the policy; and

(2) the policy provisions of the stop loss coverage.

(c) The department may not adopt or enforce any rule that would reduce the timely filing limit specified in the policy and the policy provisions of the stop loss coverage.

As added by P.L.226-2023, SEC.16.
Ind. Code § 27-1-24.2-7 — Indiana Code / Title 27 / Article 1 / Chapter 24.2 / Section 27-1-24.2-7
"Insurer"
Status: in_force

Sec. 7. As used in this chapter, "insurer" means any of the following that offer or issue a health plan:

(1) An insurance company.

(2) A health maintenance organization.

(3) A limited health service organization.

(4) A self-insurer, including a governmental plan, church plan, or multiple employer welfare arrangement.

(5) A provider sponsored integrated health delivery network.

(6) A self-insured employer organized association.

(7) A nonprofit hospital, medical-surgical, dental, and health service corporation.

(8) Any other third party payor that is:

(A) authorized to transact health insurance business in Indiana; or

(B) not exempt by federal law from regulation under the insurance laws of Indiana.

As added by P.L.189-2025, SEC.1.
Ind. Code § 27-7-3.7-7 — Indiana Code / Title 27 / Article 7 / Chapter 3.7 / Section 27-7-3.7-7
Disbursements; requirements for funds of at least $10,000 received from single party
Status: in_force

Sec. 7. (a) This section applies to an escrow account that contains funds that:

(1) are received from any single party to a real estate transaction; and

(2) in the aggregate are at least ten thousand dollars ($10,000).

(b) A closing agent may make disbursements from an escrow account described in subsection (a) in connection with a real estate transaction only if both of the following apply:

(1) All the funds described in subsection (a) are good funds.

(2) Any funds described in subsection (a) in excess of ten thousand dollars ($10,000) are good funds described in section 4(2) of this chapter.

As added by P.L.92-2009, SEC.1. Amended by P.L.72-2016, SEC.19.
Ind. Code § 27-1-48-6 — Indiana Code / Title 27 / Article 1 / Chapter 48 / Section 27-1-48-6
"Prior authorization"
Status: in_force

Sec. 6. As used in this chapter, "prior authorization" means a practice implemented by a health plan through which coverage of a health care service is dependent on the covered individual or health care provider obtaining approval from the health plan before the health care service is rendered. The term includes prospective or utilization review procedures conducted before a health care service is rendered.

As added by P.L.190-2023, SEC.24.
Ind. Code § 27-8-28-20 — Indiana Code / Title 27 / Article 8 / Chapter 28 / Section 27-8-28-20
Adoption of rules
Status: in_force

Sec. 20. The department may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.66-2001, SEC.2 and P.L.203-2001, SEC.13.
Ind. Code § 27-13-15-3 — Indiana Code / Title 27 / Article 13 / Chapter 15 / Section 27-13-15-3
Actions against subscribers; costs and attorney's fees
Status: in_force

Sec. 3. (a) A:

(1) participating provider; or

(2) trustee, an agent, a representative, or an assignee of a participating provider;

may not bring or maintain any legal action against a subscriber or an enrollee of a health maintenance organization to collect sums owed by the health maintenance organization.

(b) Except as provided in subsection (c), if a participating provider of a health maintenance organization brings or maintains a legal action against a subscriber or enrollee for an amount owed to the participating provider by the health maintenance organization, the participating provider is liable to the subscriber or enrollee for costs and attorney's fees incurred by the subscriber or enrollee in defending the legal action.

(c) A participating provider shall not be liable to the subscriber or enrollee for costs and attorney's fees described in subsection (b) if the participating provider can demonstrate a reasonable basis for believing at the time the legal action was brought and while the legal action was maintained that the health maintenance organization did not owe the sums the participating provider sought to collect from the subscriber or enrollee.

As added by P.L.26-1994, SEC.25. Amended by P.L.203-2001, SEC.26.
Ind. Code § 27-9-4-10 — Indiana Code / Title 27 / Article 9 / Chapter 4 / Section 27-9-4-10
Failure by ancillary receiver to transfer assets
Status: in_force

Sec. 10. If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in Indiana any assets within his control other than special deposits, diminished only by the expenses of the ancillary receivership, if any, the claims filed in the ancillary receivership, other than special deposit claims or secured claims, shall be placed in the class of claims under IC 27-9-3-40(7).

As added by Acts 1979, P.L.255, SEC.1.
Ind. Code § 27-14.5-3-1 — Indiana Code / Title 27 / Article 14.5 / Chapter 3 / Section 27-14.5-3-1
Issuance of stock by reorganized insurer or intermediate stock holding company
Status: in_force

Sec. 1. (a) Subject to subsection (c), a reorganized insurer may issue shares of any class or type of stock permitted under this title.

(b) Subject to subsection (c), an intermediate stock holding company may issue any class or type of stock permitted by the law under which the intermediate stock holding company is organized.

(c) A reorganized insurer and an intermediate stock holding company may issue shares of stock to a person or entity other than:

(1) the mutual insurance holding company of which it is a subsidiary; or

(2) an intermediate stock holding company that is a subsidiary of the mutual insurance holding company referred to in subdivision (1);

only in compliance with this chapter.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-1-25-2 — Indiana Code / Title 27 / Article 1 / Chapter 25 / Section 27-1-25-2
Written agreements
Status: in_force

Sec. 2. (a) An administrator may act only if there is a written agreement between the administrator and an insurer. This agreement must conform to the requirements of this chapter, which apply to the functions performed by the administrator.

(b) An agreement between an administrator and an insurer must be retained by both parties as part of their official records for a period of not less than five (5) years after the termination of the agreement.

(c) When a policy is issued to a trustee, a copy of the trust agreement and all amendments to it must be:

(1) furnished by the administrator to the insurer with which the administrator has a written agreement; and

(2) retained as part of the official records of the administrator for a period of not less than five (5) years after the termination of the trust.

(d) The written agreement required under subsection (a) must:

(1) include a statement of functions that the administrator will perform on behalf of the insurer;

(2) specify the lines, classes, or types of coverage that the administrator is authorized to administer on behalf of the insurer; and

(3) contain provisions concerning the standard of underwriting required by the insurer.

(e) The commissioner may require any written agreement executed by an administrator and an insurer to be filed with the department at the time the administrator applies for a license under this chapter. The commissioner may require any written agreement executed subsequent to the original issue of the license to the administrator to be filed with the department at the time the administrator is applying for renewal of the license.

(f) An administrator or insurer may, with written notice, terminate a written agreement for cause as provided in the written agreement. The insurer may suspend the underwriting authority of the administrator during the pendency of a dispute regarding the cause for termination of the written agreement. The insurer shall fulfill lawful obligations with respect to coverage affected by the written agreement, regardless of a dispute described in this subsection.

As added by Acts 1980, P.L.168, SEC.2. Amended by Acts 1982, P.L.165, SEC.2; P.L.160-2003, SEC.5.
Ind. Code § 27-8-5-2 — Indiana Code / Title 27 / Article 8 / Chapter 5 / Section 27-8-5-2
Requirements for issuance and delivery of policy
Status: in_force

Sec. 2. (a) No individual policy of accident and sickness insurance shall be delivered or issued for delivery to any person in this state unless it complies with each of the following:

(1) The entire money and other considerations for the policy are expressed in the policy.

(2) The time at which the insurance takes effect and terminates is expressed in the policy.

(3) The policy purports to insure only one (1) person, except that a policy must insure, originally or by subsequent amendment, upon the application of any member of a family who shall be deemed the policyholder and who is at least eighteen (18) years of age, any two (2) or more eligible members of that family, including husband, wife, dependent children, or any children who are less than twenty-six (26) years of age, and any other person dependent upon the policyholder.

(4) The style, arrangement, and overall appearance of the policy give no undue prominence to any portion of the text, and unless every printed portion of the text of the policy and of any endorsements or attached papers is plainly printed in lightface type of a style in general use, the size of which shall be uniform and not less than ten point with a lower-case unspaced alphabet length not less than one hundred twenty point (the "text" shall include all printed matter except the name and address of the insurer, name or title of the policy, the brief description if any, and captions and subcaptions).

(5) The exceptions and reductions of indemnity are set forth in the policy and, except those which are set forth in section 3 of this chapter, are printed, at the insurer's option, either included with the benefit provision to which they apply, or under an appropriate caption such as "EXCEPTIONS", or "EXCEPTIONS AND REDUCTIONS", provided that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of such exception or reduction shall be included with the benefit provision to which it applies.

(6) Each such form of the policy, including riders and endorsements, shall be identified by a form number in the lower left-hand corner of the first page of the policy.

(7) The policy contains no provision purporting to make any portion of the charter, rules, constitution, or bylaws of the insurer a part of the policy unless such portion is set forth in full in the policy, except in the case of the incorporation of or reference to a statement of rates or classification of risks, or short-rate table filed with the commissioner.

(8) If an individual accident and sickness insurance policy or hospital service plan contract or medical service plan contract provides that hospital or medical expense coverage of a dependent child terminates upon attainment of the limiting age for dependent children specified in such policy or contract, the policy or contract must also provide that attainment of such limiting age does not operate to terminate the hospital and medical coverage of such child while the child is and continues to be both:

(A) incapable of self-sustaining employment by reason of mental, intellectual, or physical disability; and

(B) chiefly dependent upon the policyholder for support and maintenance.

Proof of such incapacity and dependency must be furnished to the insurer by the policyholder within thirty-one (31) days of the child's attainment of the limiting age. The insurer may require at reasonable intervals during the two (2) years following the child's attainment of the limiting age subsequent proof of the child's disability and dependency. After such two (2) year period, the insurer may require subsequent proof not more than once each year. The foregoing provision shall not require an insurer to insure a dependent who is a child who has a mental, intellectual, or physical disability where such dependent does not satisfy the conditions of the policy provisions as may be stated in the policy or contract required for coverage under the policy or contract to take effect. In any such case the terms of the policy or contract shall apply with regard to the coverage or exclusion from coverage of such dependent. This subsection applies only to policies or contracts delivered or issued for delivery in this state more than one hundred twenty (120) days after August 18, 1969.

(b) If any policy is issued by an insurer domiciled in this state for delivery to a person residing in another state, and if the official having responsibility for the administration of the insurance laws of such other state shall have advised the commissioner that any such policy is not subject to approval or disapproval by such official, the commissioner may by ruling require that such policy meet the standards set forth in subsection (a) and in section 3 of this chapter.

(c) An insurer may issue a policy described in this section in electronic or paper form. However, the insurer shall:

(1) inform the insured that the insured may request the policy in paper form; and

(2) issue the policy in paper form upon the request of the insured.

Formerly: Acts 1953, c.15, s.169.2; Acts 1969, c.266, s.1; Acts 1973, P.L.275, SEC.3. As amended by Acts 1977, P.L.2, SEC.79; P.L.23-1993, SEC.153; P.L.207-1999, SEC.3 and P.L.233-1999, SEC.9; P.L.125-2005, SEC.2; P.L.99-2007, SEC.192; P.L.218-2007, SEC.45; P.L.160-2011, SEC.18; P.L.117-2015, SEC.37; P.L.136-2018, SEC.195.
Ind. Code § 27-8-27-4 — Indiana Code / Title 27 / Article 8 / Chapter 27 / Section 27-8-27-4
"Health insurance plan"
Status: in_force

Sec. 4. (a) For purposes of this chapter, "health insurance plan" means any:

(1) hospital or medical expense incurred policy or certificate;

(2) hospital or medical service plan contract; or

(3) health maintenance organization subscriber contract;

provided to an insured.

(b) The term does not include the following:

(1) Accident-only, credit, dental, Medicare supplement, long term care, or disability income insurance.

(2) Coverage issued as a supplement to liability insurance.

(3) Worker's compensation or similar insurance.

(4) Automobile medical payment insurance.

(5) A specified disease policy issued as an individual policy.

(6) A limited benefit health insurance plan issued as an individual policy.

(7) A short term insurance plan that:

(A) may be renewed for the greater of:

(i) thirty-six (36) months; or

(ii) the maximum period permitted under federal law;

(B) has a term of not more than three hundred sixty-four (364) days; and

(C) has an annual limit of at least two million dollars ($2,000,000).

(8) A policy that provides a stipulated daily, weekly, or monthly payment to an insured during hospital confinement, without regard to the actual expense of the confinement.

As added by P.L.121-1999, SEC.13. Amended by P.L.288-2019, SEC.20.
Ind. Code § 27-1-7.5-6 — Indiana Code / Title 27 / Article 1 / Chapter 7.5 / Section 27-1-7.5-6
"Party" defined
Status: in_force

Sec. 6. As used in this chapter, "party" includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding.

As added by P.L.266-1987, SEC.6.
Ind. Code § 27-8-13-7 — Indiana Code / Title 27 / Article 8 / Chapter 13 / Section 27-8-13-7
Repealed
Status: repealed

As added by P.L.255-1989, SEC.4. Repealed by P.L.126-1992, SEC.17.
Ind. Code § 27-4-1.5-0.1 — Indiana Code / Title 27 / Article 4 / Chapter 1.5 / Section 27-4-1.5-0.1
Application of chapter
Status: in_force

Sec. 0.1. The addition of this chapter by P.L.194-1991 applies to the repair of motor vehicles under insurance policies issued or renewed after June 30, 1991.

As added by P.L.220-2011, SEC.430.
Ind. Code § 27-7-10-9 — Indiana Code / Title 27 / Article 7 / Chapter 10 / Section 27-7-10-9
"Product liability" defined
Status: in_force

Sec. 9. (a) As used in this chapter, "product liability" means liability for damages because of any personal injury, death, emotional harm, consequential economic damage, or property damage (including damages resulting from the loss of use of property) arising out of the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product.

(b) The term "product liability" does not include the liability of a person for damages described in subsection (a) if the product involved was in the possession of that person when the incident giving rise to the liability occurred.

As added by P.L.162-1988, SEC.2.
Ind. Code § 27-1-3-26 — Indiana Code / Title 27 / Article 1 / Chapter 3 / Section 27-1-3-26
Order to limit ordinary shareholder dividends
Status: in_force

Sec. 26. The department shall establish and follow a practice under which the department issues an order to a domestic insurer to limit the payment of ordinary shareholder dividends by the insurer if the department determines that the surplus of the insurer as regards policyholders:

(1) is not reasonable in relation to the outstanding liabilities of the insurer; and

(2) is not adequate to the financial needs of the insurer.

As added by P.L.130-1994, SEC.5 and P.L.116-1994, SEC.9.
Ind. Code § 27-4-4-4 — Indiana Code / Title 27 / Article 4 / Chapter 4 / Section 27-4-4-4
Deposit or bond; motion to quash service
Status: in_force

Sec. 4. (a) Before any unauthorized foreign or alien insurer shall file or cause to be filed any pleading in any action, suit, or proceeding instituted against it, such unauthorized insurer shall:

(1) deposit, with the clerk of the court in which such action, suit, or proceeding is pending, cash or securities, or file with such clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in such action; or

(2) procure a certificate of authority to transact the business of insurance in this state.

(b) The court in any action, suit, or proceeding, in which service is made in the manner provided in section 3 of this chapter may, in its discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (a) and to defend such action.

(c) Nothing in subsection (a) is to be construed to prevent an unauthorized foreign or alien insurer from filing a motion to quash a writ or to set aside service made in the manner provided in section 3 of this chapter on the ground either:

(1) that such unauthorized insurer has not done any of the acts enumerated in section 3(a) of this chapter; or

(2) that the person on whom service was made pursuant to section 3(c) of this chapter was not doing any of the acts enumerated in section 3(c) of this chapter.

Formerly: Acts 1955, c.203, s.4. As amended by P.L.252-1985, SEC.161; P.L.136-2018, SEC.173.
Ind. Code § 27-14.5-4-1 — Indiana Code / Title 27 / Article 14.5 / Chapter 4 / Section 27-14.5-4-1
Insurance commissioner approval of plan of reorganization
Status: in_force

Sec. 1. Not more than sixty (60) days after the filing of a plan of reorganization that:

(1) is complete; and

(2) does not include a plan to issue stock;

the commissioner shall approve the plan without holding a hearing unless the commissioner concludes that one (1) or more of the findings listed in section 6 of this chapter is likely to be made.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-7-9-16 — Indiana Code / Title 27 / Article 7 / Chapter 9 / Section 27-7-9-16
Delegation of powers
Status: in_force

Sec. 16. The commissioner may delegate the task of executing the powers conferred upon the commissioner under this chapter to officers of the department of insurance or other persons. However, the commissioner remains fully responsible for the proper execution of those powers.

As added by P.L.164-1986, SEC.1.
Ind. Code § 27-1-37-0.2 — Indiana Code / Title 27 / Article 1 / Chapter 37 / Section 27-1-37-0.2
"Affiliate" defined
Status: in_force

Sec. 0.2. As used in this chapter, "affiliate" means any person who, directly or indirectly through one (1) or more intermediaries, controls, is controlled by, or is under common control with, the person to whom affiliation is attributed.

As added by P.L.198-2021, SEC.16.
Ind. Code § 27-8-10-0.5 — Indiana Code / Title 27 / Article 8 / Chapter 10 / Section 27-8-10-0.5
Dissolution of the association
Status: in_force

Sec. 0.5. (a) Except as provided in this section, the insurance operations of the association cease on the later of:

(1) the date on which a health benefit exchange (as defined in IC 27-19-2-8) begins operating in Indiana; or

(2) December 31, 2013.

(b) A claim for payment under an association policy must be made to the association not later than the later of:

(1) sixty (60) days after the date on which the insurance operations cease under subsection (a); or

(2) March 1, 2014.

(c) An appeal or grievance under this chapter must be resolved not later than ninety (90) days after the date on which the insurance operations cease under subsection (a).

(d) Balance billing under this chapter by a health care provider that is not a member of a health care provider network arrangement used by the association is prohibited after the later of:

(1) ninety (90) days after the date on which the insurance operations cease under subsection (a); or

(2) March 30, 2014.

(e) The association shall, not later than June 30, 2013, submit to the commissioner a plan of dissolution for the association. The following apply to a plan of dissolution submitted under this subsection:

(1) The plan of dissolution must provide for the following:

(A) Continuity of care for an individual who is covered under an association policy and is an inpatient on the date on which the insurance operations cease under subsection (a).

(B) A final accounting described in section 2.1(g) of this chapter of the:

(i) assessments; and

(ii) cessation of the liability;

of members of the association.

(C) Resolution of any net asset deficiency.

(D) Cessation of all liability of the association.

(E) Final dissolution of the association.

(2) The plan of dissolution may provide that, with the approval of the board and the commissioner, a power or duty of the association may be delegated to a person that is to perform functions similar to the functions of the association.

(f) The commissioner shall, after notice and hearing, approve a plan of dissolution submitted under subsection (e) if the commissioner determines that the plan:

(1) is suitable to ensure the fair, reasonable, and equitable dissolution of the association; and

(2) complies with subsection (e).

(g) A plan of dissolution submitted under subsection (e) is effective upon the written approval of the commissioner.

(h) An action by or against the association must be filed not more than one (1) year after the date on which the insurance operations cease under subsection (a).

(i) This chapter expires on the date on which final dissolution of the association occurs under the plan of dissolution approved by the commissioner under subsection (f).

(j) Funds remaining in the association on the date on which final dissolution of the association occurs must be transferred into the state general fund.

(k) The association, or the person to which the association delegates powers or duties under subsection (e), may implement this section in accordance with the plan of dissolution approved by the commissioner under subsection (f).

As added by P.L.278-2013, SEC.26.
Ind. Code § 27-1-23-12 — Indiana Code / Title 27 / Article 1 / Chapter 23 / Section 27-1-23-12
Review of actions of commissioner; stay; mandamus
Status: in_force

Sec. 12. (a) Any person aggrieved by any agency action of the commissioner pursuant to this chapter may petition for judicial review thereof in accordance, so far as practical, with IC 4-21.5-5.

(b) Notwithstanding IC 4-21.5-5, the filing of a petition for review of the commissioner's determination approving an acquisition of control under section 2 of this chapter shall stay the application of any such determination or other action of the commissioner unless the court to which the petition is directed, after giving the petitioner notice and an opportunity to be heard, determines that such a stay would be detrimental to the interests of policyholders or the public.

(c) Any person aggrieved by any failure of the commissioner to act or make a determination required by this chapter may bring an action for mandate in the circuit court of Marion County to compel the commissioner to act or make such determination forthwith.

Formerly: Acts 1971, P.L.387, SEC.1. As amended by Acts 1981, P.L.244, SEC.10; P.L.7-1987, SEC.141.
Ind. Code § 27-8-11-9 — Indiana Code / Title 27 / Article 8 / Chapter 11 / Section 27-8-11-9
Preferred provider agreement prohibitions
Status: in_force

Sec. 9. (a) As used in this section, "insurer" includes the following:

(1) An administrator licensed under IC 27-1-25.

(2) A person that pays or administers claims on behalf of an insurer.

(b) An agreement between an insurer and a provider under this chapter may not contain a provision that:

(1) prohibits, or grants the insurer an option to prohibit, the provider from contracting with another insurer to accept lower payment for health care services than the payment specified in the agreement;

(2) requires, or grants the insurer an option to require, the provider to accept a lower payment from the insurer if the provider agrees with another insurer to accept lower payment for health care services;

(3) requires, or grants the insurer an option of, termination or renegotiation of the agreement if the provider agrees with another insurer to accept lower payment for health care services; or

(4) requires the provider to disclose the provider's reimbursement rates under contracts with other insurers.

(c) A provision that:

(1) is contained in an agreement between an insurer and a provider under this chapter; and

(2) violates this section;

is void.

As added by P.L.74-2007, SEC.1.
Ind. Code § 27-1-20-28 — Indiana Code / Title 27 / Article 1 / Chapter 20 / Section 27-1-20-28
Repealed
Status: repealed

Formerly: Acts 1935, c.162, s.272c. As amended by P.L.252-1985, SEC.99; P.L.28-1988, SEC.78; P.L.170-1991, SEC.26. Repealed by P.L.117-2021, SEC.3.
Ind. Code § 27-8-9-6 — Indiana Code / Title 27 / Article 8 / Chapter 9 / Section 27-8-9-6
Definitions
Status: in_force

Sec. 6. (a) The definitions set forth in this section apply throughout this chapter.

(b) "Garage liability policy" refers to any motor vehicle liability insurance policy that affords coverage to a named insured engaged in the business of selling, leasing, repairing, servicing, delivering, testing, road testing, parking, or storing motor vehicles, but does not refer to a motor vehicle liability insurance policy that affords coverage to a vehicle used in the business of transporting property for hire.

(c) "Motor vehicle insurance coverage" means any type of insurance coverage described in IC 27-1-5-1, Class 2(f).

(d) "Permittee" means any person who is granted permission to operate a motor vehicle by the owner of the motor vehicle.

As added by P.L.261-1983, SEC.2. Amended by P.L.81-1991, SEC.11; P.L.226-1993, SEC.3.
Ind. Code § 27-1-50.3-3 — Indiana Code / Title 27 / Article 1 / Chapter 50.3 / Section 27-1-50.3-3
Assessment of fee; purpose
Status: in_force

Sec. 3. The office may, subject to section 6 of this chapter, assess a fee upon managed care organizations to support administration of the state Medicaid program.

As added by P.L.216-2025, SEC.47.
Ind. Code § 27-13-1-22 — Indiana Code / Title 27 / Article 13 / Chapter 1 / Section 27-13-1-22
"Net worth"
Status: in_force

Sec. 22. (a) "Net worth" means the excess of total admitted assets over total liabilities.

(b) For the purposes of subsection (a), "liabilities" does not include fully subordinated debt.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-16-7-6 — Indiana Code / Title 27 / Article 16 / Chapter 7 / Section 27-16-7-6
Basis of fees or taxes on PEOs
Status: in_force

Sec. 6. (a) A business license fee or another fee that is based upon gross receipts must, in the case of a PEO, be based upon the administrative fee of the PEO.

(b) A tax assessed on a per capita or per employee basis must be assessed against a:

(1) client for covered employees; and

(2) PEO for the PEO's employees who are not covered employees.

(c) In the case of tax imposed or calculated upon the basis of total payroll, a PEO is eligible to apply a small business allowance or exemption available to the client for covered employees for the purpose of computing the tax.

As added by P.L.245-2005, SEC.7.
Ind. Code § 27-10-3-21 — Indiana Code / Title 27 / Article 10 / Chapter 3 / Section 27-10-3-21
Rules
Status: in_force

Sec. 21. The department may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.102-2005, SEC.8.
Ind. Code § 27-1-46.5-9 — Indiana Code / Title 27 / Article 1 / Chapter 46.5 / Section 27-1-46.5-9
Offer of a direct to employer health care arrangement by Indiana nonprofit hospital system; benchmark; requirements; audit; assessment
Status: in_force

Sec. 9. (a) Beginning September 1, 2025, an Indiana nonprofit hospital system shall offer a direct to employer health care arrangement that is at or below a benchmark of two hundred sixty percent (260%) of full Medicare.

(b) The benchmark described in subsection (a) shall be calculated by taking the sum of:

(1) hospital inpatient facility prices; and

(2) hospital outpatient facility prices;

expressed as a percentage of full Medicare.

(c) An Indiana nonprofit hospital system meets the requirements of subsection (a) by doing any of the following:

(1) Offering a direct to employer health care arrangement that is at or below a benchmark of two hundred sixty percent (260%) of full Medicare at each individual hospital within the Indiana nonprofit hospital system.

(2) Offering a direct to employer health care arrangement that is at or below a benchmark of two hundred sixty percent (260%) of full Medicare as an Indiana nonprofit hospital system.

(3) Participating in a narrow network of hospitals to offer a direct to employer health care arrangement that is at or below a benchmark of two hundred sixty percent (260%) of full Medicare.

(d) Beginning October 1, 2025, and before every October 1 thereafter, an Indiana nonprofit hospital system shall cooperate with an audit by the Indiana department of health to determine compliance with this section.

(e) The Indiana department of health shall assess an Indiana nonprofit hospital system that the Indiana department of health determines through an audit has violated this section with a civil penalty of ten thousand dollars ($10,000) per day per hospital for which the Indiana nonprofit hospital system is unable to demonstrate compliance with this section. A fine collected under this subsection shall be deposited into the payer affordability penalty fund established by IC 12-15-1-18.5.

As added by P.L.216-2025, SEC.46.
Ind. Code § 27-1-4.1-1 — Indiana Code / Title 27 / Article 1 / Chapter 4.1 / Section 27-1-4.1-1
Application and scope of chapter
Status: in_force

Sec. 1. (a) This chapter applies beginning January 1, 2016.

(b) This chapter does not do the following:

(1) Impose corporate governance standards or internal procedures that are not otherwise required under IC 27.

(2) Limit the commissioner's authority, or the rights and obligations of third parties, under IC 27-1-3.1.

As added by P.L.146-2015, SEC.19.
Ind. Code § 27-1-13-4 — Indiana Code / Title 27 / Article 1 / Chapter 13 / Section 27-1-13-4
Valuation of bonds and securities
Status: in_force

Sec. 4. (a) All bonds or other evidences of debt having a fixed term and rate of interest held by an insurer may, if amply secured and not in default as to principal or interest, be valued as follows: If purchased at par, at the par value; if purchased above or below par, on the basis of the purchase price adjusted so as to bring the value to par at maturity and so as to yield in the meantime the effective rate of interest at which the purchase was made, or, instead of this method, according to an accepted method of valuation as is approved by the department. The purchase price shall in no case be taken at a higher figure than the actual market value at the time of purchase, plus actual brokerage, transfer, postage, or express charges paid in the acquisition of the securities. The department shall have full discretion in determining the method of calculating values according to the rules set forth in this subsection. However, no such method or valuation under this subsection may be inconsistent with any applicable method or valuation used by insurers in general or the method specified in the Accounting Practices and Procedures Manual.

(b) Securities held by an insurer, other than those referred to in subsection (a), shall be valued, in the discretion of the department, at their market value or at their appraised value or at prices determined by the department as representing the fair market value of the securities. Preferred or guaranteed stocks or shares, while paying full dividends, may be carried at a fixed value in lieu of market value at the discretion of the department and in accordance with the method of valuation that the department approves. No valuation under this subsection may be inconsistent with the applicable valuation or method specified in the Accounting Practices and Procedures Manual.

Formerly: Acts 1935, c.162, s.172a. As amended by P.L.130-1994, SEC.20; P.L.116-1994, SEC.27; P.L.124-2018, SEC.31.
Ind. Code § 27-1-12.8-17 — Indiana Code / Title 27 / Article 1 / Chapter 12.8 / Section 27-1-12.8-17
Repealed
Status: repealed

As added by P.L.276-2013, SEC.10. Repealed by P.L.124-2018, SEC.22.
Ind. Code § 27-2-20-1 — Indiana Code / Title 27 / Article 2 / Chapter 20 / Section 27-2-20-1
"Person" defined
Status: in_force

Sec. 1. As used in this chapter, "person" has the meaning set forth in IC 27-1-2-3.

As added by P.L.203-2001, SEC.6.
Ind. Code § 27-1-4.5-2 — Indiana Code / Title 27 / Article 1 / Chapter 4.5 / Section 27-1-4.5-2-b
"Insurer"
Status: in_force

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 2. As used in this chapter, "insurer" includes the following:

(1) An insurer (as defined in IC 27-1-2-3(x)) that issues a policy of accident and sickness insurance (as defined in IC 27-8-5-1(a)). However, the term does not include the coverages described in IC 27-8-5-2.5(a).

(2) A health maintenance organization (as defined in IC 27-13-1-19) that provides coverage for basic health care services (as defined in IC 27-13-1-4).

(3) A managed care organization (as defined in IC 12-7-2.1-218) that provides services to a Medicaid recipient.

(4) A prepaid health care delivery plan under IC 5-10-8-7(c) that provides group health coverage for state employees.

As added by P.L.239-2025, SEC.11. Amended by P.L.145-2026, SEC.138.
Ind. Code § 27-1-50.3-6 — Indiana Code / Title 27 / Article 1 / Chapter 50.3 / Section 27-1-50.3-6
Fee requirements; authorization to request waiver
Status: in_force

Sec. 6. (a) The fee must meet the requirements of the federal Medicaid statutes and regulations for permissible health care related taxes.

(b) The office may request a waiver from the United States Department of Health and Human Services of the broad based and uniformity requirements under 42 CFR 433.68 relating to the assessment under this chapter.

(c) Subject to subsection (a):

(1) the office may assess the fee on a tiered basis among the managed care organizations; and

(2) the office may assess the fee based on member months, premium revenue, or any other methodology approved by the United States Department of Health and Human Services.

As added by P.L.216-2025, SEC.47.
Ind. Code § 27-8-19.8-4.5 — Indiana Code / Title 27 / Article 8 / Chapter 19.8 / Section 27-8-19.8-4.5
"Viatical settlement broker" defined
Status: in_force

Sec. 4.5. As used in this chapter, "viatical settlement broker" means a person that represents a viator and for a fee, commission, or other valuable consideration, solicits, offers, or attempts to negotiate viatical settlements between a viator and one (1) or more viatical settlement providers.

As added by P.L.32-1998, SEC.4.
Ind. Code § 27-7-5.1-7 — Indiana Code / Title 27 / Article 7 / Chapter 5.1 / Section 27-7-5.1-7
Expired
Status: repealed

As added by P.L.24-2017, SEC.5. Expired 12-31-2019 by P.L.24-2017, SEC.5.
Ind. Code § 27-4-10-1 — Indiana Code / Title 27 / Article 4 / Chapter 10 / Section 27-4-10-1
"Automated Clearing House Network payment"
Status: in_force

Sec. 1. As used in this chapter, "Automated Clearing House Network payment" means a payment made under National Automated Clearing House Association standards adopted in 45 CFR Section 162.1602.

As added by P.L.31-2021, SEC.4.
Ind. Code § 27-1-36-32 — Indiana Code / Title 27 / Article 1 / Chapter 36 / Section 27-1-36-32
RBC plan; notice by commissioner; revised RBC plan
Status: in_force

Sec. 32. (a) Not more than sixty (60) days after an insurer submits an RBC plan under section 31 of this chapter, the commissioner shall notify the insurer of whether the RBC plan:

(1) must be implemented; or

(2) is unsatisfactory.

(b) If the commissioner determines that an RBC plan is unsatisfactory, the notification to the insurer:

(1) must state the reasons for the determination; and

(2) may include revisions proposed by the commissioner that will render the RBC plan satisfactory.

(c) Upon receiving a notification from the commissioner under subsection (b), the insurer shall prepare a revised RBC plan. The revised RBC plan may incorporate by reference any revisions proposed by the commissioner. The insurer shall submit the revised RBC plan to the commissioner:

(1) not more than forty-five (45) days after the insurer receives the notification under subsection (a)(2); or

(2) not more than forty-five (45) days after the insurer receives the notification from the commissioner that the commissioner has, after a hearing under section 44 of this chapter, rejected the insurer's challenge.

As added by P.L.186-1996, SEC.1.
Ind. Code § 27-7-2-20.1 — Indiana Code / Title 27 / Article 7 / Chapter 2 / Section 27-7-2-20.1
Minimum premiums and rates
Status: in_force

Sec. 20.1. Minimum premiums and rates may not be excessive, inadequate, or unfairly discriminatory.

As added by P.L.249-1989, SEC.9.
Ind. Code § 27-1-15.7-1 — Indiana Code / Title 27 / Article 1 / Chapter 15.7 / Section 27-1-15.7-1
Applicability of definitions
Status: in_force

Sec. 1. The definitions in IC 27-1-15.6-2 apply throughout this chapter.

As added by P.L.132-2001, SEC.4.
Ind. Code § 27-1-15.9-15 — Indiana Code / Title 27 / Article 1 / Chapter 15.9 / Section 27-1-15.9-15
Charges; funds
Status: in_force

Sec. 15. The following apply to charges for portable electronics insurance:

(1) The charges may be billed and collected by the vendor.

(2) If the insurance cost is not included in the cost associated with the purchase or lease of portable electronics, the insurance cost must be separately itemized on the insured customer's bill.

(3) If the insurance cost is included in the cost associated with the purchase or lease of portable electronics, the vendor shall clearly and conspicuously disclose to the insured customer that the portable electronics insurance cost is included with the cost of the portable electronics.

(4) A vendor that bills and collects the charges shall maintain collected funds in a segregated account unless the:

(A) insurer that issues the portable electronics insurance policy authorizes the vendor to hold the funds in an alternative manner; and

(B) vendor remits the funds to the supervising entity less than sixty (60) days after the vendor receives the funds.

(5) All funds received by the vendor from an insured customer for the sale of portable electronics insurance are considered to be funds held in trust by the vendor in a fiduciary capacity for the benefit of the insurer.

(6) A vendor may receive from an insurer compensation for billing and collection services.

As added by P.L.4-2012, SEC.3.
Ind. Code § 27-8-26-5 — Indiana Code / Title 27 / Article 8 / Chapter 26 / Section 27-8-26-5
Determination of eligibility for health care services coverage by insurer; prohibitions
Status: in_force

Sec. 5. In processing an application for health care services coverage or in determining insurability for health care services coverage, an insurer may not do any of the following:

(1) Require an individual or any member of an individual's family seeking health care services coverage to submit to genetic screening or testing.

(2) Consider any information obtained from genetic screening or testing in a manner adverse to:

(A) an applicant or a member of an applicant's family for; or

(B) an individual or a member of an individual's family covered by;

health care services coverage.

(3) Inquire, directly or indirectly, into the results of genetic screening or testing, or use such information to cancel, refuse to issue or renew, or limit benefits under health care services coverage.

(4) Make a decision adverse to an applicant or a member of an applicant's family based on entries related to the results of genetic testing or screening in medical records or other reports of genetic screening or testing.

As added by P.L.150-1997, SEC.4.
Ind. Code § 27-8-10-2.2 — Indiana Code / Title 27 / Article 8 / Chapter 10 / Section 27-8-10-2.2
Repealed
Status: repealed

As added by P.L.51-2004, SEC.2. Repealed by P.L.1-2007, SEC.248.
Ind. Code § 27-8-1-14 — Indiana Code / Title 27 / Article 8 / Chapter 1 / Section 27-8-1-14
Retaliatory provision
Status: in_force

Sec. 14. When any other state or government shall impose any obligation upon such corporation, association or society of this state, or their agents transacting business in such other state or government, the like obligations are hereby imposed on similar corporations, associations or societies of such other state or government, and their agents or representatives, transacting business in this state.

Formerly: Acts 1883, c.136, s.14; Acts 1889, c.169, s.2.
Ind. Code § 27-8-31.2-2 — Indiana Code / Title 27 / Article 8 / Chapter 31.2 / Section 27-8-31.2-2
"Insured"
Status: in_force

Sec. 2. As used in this chapter, "insured" means an individual who is entitled to coverage under a policy of accident and sickness insurance.

As added by P.L.251-2003, SEC.4.
Ind. Code § 27-8-17-1 — Indiana Code / Title 27 / Article 8 / Chapter 17 / Section 27-8-17-1
"Covered individual" defined
Status: in_force

Sec. 1. As used in this chapter, "covered individual" means:

(1) an enrollee; or

(2) an eligible dependent of an enrollee.

As added by P.L.128-1992, SEC.1.
Ind. Code § 27-1-15.7-2.5 — Indiana Code / Title 27 / Article 1 / Chapter 15.7 / Section 27-1-15.7-2.5
Waiver of licensure and continuing education requirements
Status: in_force

Sec. 2.5. The commissioner shall, not later than September 1, 2005, establish a policy to allow a waiver of the:

(1) continuing education requirements of this chapter; and

(2) license renewal requirements of IC 27-1-15.6 and this chapter;

for an insurance producer who is serving on active duty in the armed forces of the United States in an area designated as a combat zone by the President of the United States.

As added by P.L.56-2005, SEC.1 and P.L.60-2005, SEC.2.
Ind. Code § 27-1-20-6 — Indiana Code / Title 27 / Article 1 / Chapter 20 / Section 27-1-20-6
Transfer of defaulted deposited securities to other depository under financial reorganization agreement; filing receipt; effect on deposit credit
Status: reserved

Sec. 6. If a life insurance company, in order to protect itself against loss on account of defaulted securities issued by a public or private corporation and deposited with the department in accordance with this article, enters into an agreement incidental to the financial reorganization of such corporation, and requiring a deposit of such securities with a committee or a depository designated in such agreement, such securities may be withdrawn from the deposit with the department and transferred to the committee or depository designated in such agreement without reducing the deposit credit of such company, provided that a proper receipt executed by the committee or depository be filed with the department within fifteen (15) days following the date such securities are withdrawn, or within such further period of time as the commissioner may in his discretion allow.

Formerly: Acts 1935, c.162, s.253. As amended by P.L.252-1985, SEC.88.
Ind. Code § 27-7-2-22 — Indiana Code / Title 27 / Article 7 / Chapter 2 / Section 27-7-2-22
Repealed
Status: repealed

Formerly: Acts 1935, c.323, s.22. As amended by P.L.252-1985, SEC.234; P.L.28-1988, SEC.96. Repealed by P.L.249-1989, SEC.19.
Ind. Code § 27-1-15.6-13.5 — Indiana Code / Title 27 / Article 1 / Chapter 15.6 / Section 27-1-15.6-13.5
Applicability; disclosure to policyholder or subscriber; acknowledgment; submission to all payer claims data base; examination
Status: in_force

Sec. 13.5. (a) This section applies only to the following:

(1) An individual, group, franchise, or blanket policy of accident and sickness insurance, as defined in IC 27-8-5-1. However, this section does not apply to the types of insurance and coverage described in IC 27-8-5-2.5(a).

(2) An individual or group health maintenance organization contract entered into under IC 27-13.

(b) As used in this section, "third party administrator" means a person who:

(1) is licensed under IC 27-1-25; and

(2) administers a policy of accident and sickness insurance described in subsection (a)(1) or a health maintenance organization contract described in subsection (a)(2).

(c) Except as provided in subsection (f), an insurer that issues an insurance policy, a health maintenance organization that enters into a health maintenance organization contract, or a third party administrator shall disclose to the policyholder or subscriber in a separate written notification:

(1) any commission, service fee, or brokerage fee that has been or will be paid to an insurance producer for selling, soliciting, or negotiating the policy or contract; and

(2) whether the amount disclosed under subdivision (1) is based on a percentage of total plan premiums or a flat per member fee.

(d) An insurer, a health maintenance organization, or a third party administrator shall provide a copy of the written notification described in subsection (c) to the policyholder or subscriber:

(1) when the insurance policy is issued or the contract is entered into; and

(2) each time the insurance policy or contract is renewed.

(e) Each copy of a written notification described in subsection (c) must include a signature line on which the policyholder may sign to acknowledge receiving the written notification.

(f) This section does not require the disclosure to the policyholder of a commission, service fee, or brokerage fee in connection with the issuance of an insurance policy if a federal law or regulation requires disclosure of the commission, service fee, or brokerage fee to the policyholder.

(g) An insurer, a health maintenance organization, and a third party administrator shall submit the information described in subsection (c) to the executive director of the all payer claims data base established under IC 27-1-44.5 for inclusion in the data base.

(h) The department shall perform an examination under IC 27-1-3.1 for any alleged violation of this section.

As added by P.L.50-2020, SEC.4. Amended by P.L.216-2025, SEC.38.
Ind. Code § 27-7-3-18 — Indiana Code / Title 27 / Article 7 / Chapter 3 / Section 27-7-3-18
Exemptions from chapter
Status: in_force

Sec. 18. The provisions of this chapter shall not apply to any insurance company organized or desiring to organize under and pursuant to IC 27-1 nor to any person, firm, partnership, corporation, limited liability company, association, or company whose business is the making of abstracts of title to real estate and attaching their certificate thereto and not engaging in the business of making title insurance, nor to any person, firm, partnership, corporation, limited liability company, or association acting as an authorized agent for a duly qualified title insurance company.

Formerly: Acts 1937, c.104, s.18. As amended by P.L.252-1985, SEC.261; P.L.8-1993, SEC.425.
Ind. Code § 27-13-5-1 — Indiana Code / Title 27 / Article 13 / Chapter 5 / Section 27-13-5-1
Persons having fiduciary responsibilities
Status: in_force

Sec. 1. Any:

(1) director;

(2) officer;

(3) employee; or

(4) partner;

of a health maintenance organization who receives, collects, disburses, or invests funds in connection with the activities of the organization has a fiduciary responsibility to the organization for the funds.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-1-6-2 — Indiana Code / Title 27 / Article 1 / Chapter 6 / Section 27-1-6-2
Applicable rights, powers, privileges, duties, obligations, and liabilities
Status: in_force

Sec. 2. Any insurance company incorporated as such under this chapter, and its successors shall have the rights and powers, shall be entitled to the privileges, and shall be subject to the duties, obligations, and liabilities as prescribed in this article.

Formerly: Acts 1935, c.162, s.62. As amended by P.L.252-1985, SEC.16.
Ind. Code § 27-14.5-2-12 — Indiana Code / Title 27 / Article 14.5 / Chapter 2 / Section 27-14.5-2-12
Required vote of members in favor of plan of reorganization
Status: in_force

Sec. 12. A plan of reorganization is approved under this chapter upon the affirmative vote of at least a majority of the votes cast by eligible members either in person or by proxy.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-8-31-12 — Indiana Code / Title 27 / Article 8 / Chapter 31 / Section 27-8-31-12
Disapproval; appeal; monitoring
Status: in_force

Sec. 12. (a) Not later than thirty (30) days after the commission has given notice of a disapproved product or advertisement filed with the commission, the insurer or third party filer whose filing was disapproved may appeal the determination to a review panel appointed by the commission. The commission shall adopt rules to establish procedures for appointing the review panels and provide for notice and hearing. An allegation that the commission, in disapproving a product or an advertisement filed with the commission, acted arbitrarily, capriciously, or in a manner that is an abuse of discretion or otherwise not in accordance with the law, is subject to judicial review in accordance with section 3(e) of this chapter.

(b) The commission shall monitor, review, and reconsider products and advertisement subsequent to their filing or approval upon a finding that the product does not meet the relevant uniform standard. If appropriate, the commission may withdraw or modify the commission's approval after proper notice and hearing, subject to the appeal process in subsection (a).

As added by P.L.138-2005, SEC.3.
Ind. Code § 27-1-20-11 — Indiana Code / Title 27 / Article 1 / Chapter 20 / Section 27-1-20-11
Discontinuance of business; procedure for return of deposited securities
Status: in_force

Sec. 11. When any company determines to discontinue its business and ceases to do business in this state and desires to withdraw its deposit made in this state pursuant to this article, the department shall upon the application of the company and at the expense of the company give notice of such intention in a newspaper of general circulation in the state once a week for a period of four (4) weeks. After such publication it shall deliver to such company or its assigns the securities so deposited when it is satisfied upon examination and investigation made by it or under its authority and upon the oaths of the president or a vice president and the secretary or an assistant secretary of the company that all debts and liabilities of every kind due and to become due which the deposit was made to secure are paid and extinguished.

Formerly: Acts 1935, c.162, s.258. As amended by P.L.252-1985, SEC.91.
Ind. Code § 27-8-14.3-8 — Indiana Code / Title 27 / Article 8 / Chapter 14.3 / Section 27-8-14.3-8
"Nationally recognized clinical practice guidelines"
Status: in_force

Sec. 8. As used in this chapter, "nationally recognized clinical practice guidelines" means evidence based clinical practice guidelines that:

(1) are developed by an independent organization or medical professional society that:

(A) uses a transparent methodology and reporting structure; and

(B) has a conflict of interest policy;

(2) establish standards of care informed by:

(A) a systematic review of evidence; and

(B) an assessment of the benefits and risks of alternative care options; and

(3) include recommendations intended to optimize patient care.

As added by P.L.37-2024, SEC.2.
Ind. Code § 27-15-1-4 — Indiana Code / Title 27 / Article 15 / Chapter 1 / Section 27-15-1-4
"Closed block"
Status: in_force

Sec. 4. "Closed block" means an allocation of assets for a defined group of in force policies which, together with the premiums of those policies and related investment earnings, are expected to be sufficient to maintain the payments of guaranteed benefits, certain expenses, and continuation of the current dividend scale on the closed block, if experience does not change.

As added by P.L.94-1999, SEC.3.
Ind. Code § 27-7-19-6 — Indiana Code / Title 27 / Article 7 / Chapter 19 / Section 27-7-19-6
Underwriting and rating factors; criteria
Status: in_force

Sec. 6. Any:

(1) underwriting decision made by an insurer that issues a policy of employer's liability insurance or worker's compensation insurance to provide coverage for a participant; or

(2) rating factor applied to a participant for a policy described in subdivision (1);

must be based on objective risk based criteria that are applied uniformly and without regard to the age of the student to be covered under the policy.

As added by P.L.51-2026, SEC.9.
Ind. Code § 27-1-44.5-4 — Indiana Code / Title 27 / Article 1 / Chapter 44.5 / Section 27-1-44.5-4
Request to create, operate, and maintain data base; requirements; publication of decision; contract; ensure compliance of privacy laws
Status: in_force

Sec. 4. (a) After December 31, 2021, the department shall issue a request for an entity that is not a state agency or political subdivision to create, operate, and maintain the data base under this chapter. In addition to the requirements of IC 5-22-9, the request for proposals must include the considerations contained in the request for information under section 3 of this chapter.

(b) The request for proposals must state that the data base's purpose is to facilitate the following:

(1) Identifying health care needs and informing health care policy.

(2) Comparing costs between various treatment settings and approaches.

(3) Providing information to consumers and purchasers of health care.

(4) Improving the quality and affordability of patient health care and health care coverage.

(c) The department shall publish the department's decision concerning the submissions not later than April 1, 2022, on the department's Internet web site.

(d) If the department accepts a submission for the request for proposals, the department shall enter into a contract with the person to act as administrator of the data base and develop the data base.

(e) The administrator shall ensure that the data base is secure and compliant with the federal Health Insurance Portability and Accountability Act (HIPAA).

As added by P.L.50-2020, SEC.6. Amended by P.L.195-2021, SEC.5.
Ind. Code § 27-1-46-1 — Indiana Code / Title 27 / Article 1 / Chapter 46 / Section 27-1-46-1
"Covered individual"
Status: in_force

Sec. 1. As used in this chapter, "covered individual" means an individual who is entitled to be provided health care services according to a health carrier's network plan.

As added by P.L.93-2020, SEC.12.
Ind. Code § 27-14.5-1-15 — Indiana Code / Title 27 / Article 14.5 / Chapter 1 / Section 27-14.5-1-15
"Entity"
Status: in_force

Sec. 15. "Entity" has the meaning set forth in IC 23-0.5-1.5-8.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-1-39-2 — Indiana Code / Title 27 / Article 1 / Chapter 39 / Section 27-1-39-2
"Consortium" defined
Status: in_force

Sec. 2. As used in this chapter, "consortium" refers to a self-insurance consortium established under section 7 of this chapter.

As added by P.L.38-2006, SEC.1.
Ind. Code § 27-7-9-14 — Indiana Code / Title 27 / Article 7 / Chapter 9 / Section 27-7-9-14
Subrogation rights; reports
Status: in_force

Sec. 14. (a) The commissioner and each insurer issuing mine subsidence insurance under this chapter have the right of subrogation. In enforcing this subrogation right, the commissioner or the insurer shall be considered the real party in interest and shall pursue any action under the insurer's or commissioner's own name.

(b) The insurer shall include in its semiannual report under section 11(2) of this chapter an itemized list of all losses in subrogation. An insurer shall remit to the commissioner all money, less expenses, recovered as a result of subrogation actions.

As added by P.L.164-1986, SEC.1.
Ind. Code § 27-1-3.5-0.5 — Indiana Code / Title 27 / Article 1 / Chapter 3.5 / Section 27-1-3.5-0.5
"Audit committee"
Status: in_force

Sec. 0.5. (a) As used in this chapter, "audit committee" means a body established by the board of directors of a domestic insurer or group of insurers for the purpose of overseeing:

(1) the accounting and financial reporting processes;

(2) external audits of financial statements; and

(3) the internal audit function;

of a domestic insurer or group of insurers.

(b) For purposes of this chapter, the audit committee of an insurance holding company system is considered to be the audit committee of a group of insurers that are members of the insurance holding company system, at the election of the insurance holding company system.

(c) For purposes of this chapter, if a board of directors does not establish an audit committee, the entire board of directors constitutes the audit committee.

As added by P.L.146-2015, SEC.3.
Ind. Code § 27-1-24.5-23 — Indiana Code / Title 27 / Article 1 / Chapter 24.5 / Section 27-1-24.5-23
Drug price data
Status: in_force

Sec. 23. (a) For every drug for which the pharmacy benefit manager establishes a maximum allowable cost to determine the drug product reimbursement, the pharmacy benefit manager shall make available to a contracted pharmacy services administrative organization to make available to the pharmacies, or to a pharmacy if the pharmacy benefit manager contracts directly with a pharmacy, in a manner established by the department by administrative rule described in subsection (b) the following:

(1) Information identifying the national drug pricing compendia or sources used to obtain the drug price data.

(2) The comprehensive list of drugs subject to maximum allowable cost and the actual maximum allowable cost for each drug.

(b) The department shall adopt rules under IC 4-22-2 concerning the manner in which a pharmacy benefit manager shall communicate the following to contracted pharmacy services administrative organizations:

(1) Drug price data should be used to establish drug reimbursements by pharmacy benefit managers as described in subsection (a)(1).

(2) The comprehensive list of drugs described in subsection (a)(2).

(c) The department may, concerning a maximum allowable cost list, consider whether a drug is:

(1) obsolete;

(2) temporarily unavailable;

(3) to be included on a drug shortage list; or

(4) unable to be lawfully substituted.

As added by P.L.68-2020, SEC.1. Amended by P.L.32-2021, SEC.80.
Ind. Code § 27-14.5-1-13 — Indiana Code / Title 27 / Article 14.5 / Chapter 1 / Section 27-14.5-1-13
"Eligible member"
Status: in_force

Sec. 13. "Eligible member" means, with respect to a plan, a person who is a member of a mutual insurance company or mutual insurance holding company, as applicable, on the adoption date of a plan and:

(1) solely for purposes of receipt of notice of and voting at a meeting of members on a plan of reorganization, continues to be a member of the mutual insurance company on the record date for the meeting of members; or

(2) solely for purposes of eligibility to receive stock subscription rights, if any, under a plan to issue stock, continues to be a member of the mutual insurance company or mutual insurance holding company, as applicable, on the date the commissioner approves the plan to issue stock.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-1-12.5-10 — Indiana Code / Title 27 / Article 1 / Chapter 12.5 / Section 27-1-12.5-10
Life insurance; additional benefits
Status: in_force

Sec. 10. If any annuity contract provides, within the same contract by rider or supplemental contract provision, both annuity benefits and life insurance benefits that are in excess of the greater of cash surrender benefits or a return of the gross considerations with interest, the minimum nonforfeiture benefits shall be equal to the sum of the minimum nonforfeiture benefits for the annuity portion and the minimum nonforfeiture benefits, if any, for the life insurance portion computed as if each portion were a separate contract. Notwithstanding the provisions of sections 4, 5, 6, 7, and 9, additional benefits payable (i) in the event of total and permanent disability, (ii) as reversionary annuity or deferred reversionary annuity benefits, or (iii) as other policy benefits additional to life insurance, endowment and annuity benefits, and considerations for all such additional benefits, shall be disregarded in ascertaining the minimum nonforfeiture amounts, paid-up annuity, cash surrender and death benefits that may be required by this chapter. The inclusion of such additional benefits shall not be required in any paid-up benefits unless such additional benefits separately would require minimum nonforfeiture amounts, paid-up annuity, cash surrender and death benefits.

As added by Acts 1977, P.L.286, SEC.1.
Ind. Code § 27-1-48-4 — Indiana Code / Title 27 / Article 1 / Chapter 48 / Section 27-1-48-4
"Health plan"
Status: in_force

Sec. 4. (a) As used in this chapter, "health plan" means any of the following that provides coverage for health care services:

(1) A policy of accident and sickness insurance (as defined in IC 27-8-5-1). However, the term does not include the coverages described in IC 27-8-5-2.5(a).

(2) A contract with a health maintenance organization (as defined in IC 27-13-1-19) that provides coverage for basic health care services (as defined in IC 27-13-1-4).

(3) The Medicaid risk based managed care program under IC 12-15.

(b) The term includes a person that administers any of the following:

(1) A policy described in subsection (a)(1).

(2) A contract described in subsection (a)(2).

(3) Medicaid risk based managed care.

As added by P.L.190-2023, SEC.24.
Ind. Code § 27-13-28-4 — Indiana Code / Title 27 / Article 13 / Chapter 28 / Section 27-13-28-4
Cease and desist orders
Status: in_force

Sec. 4. (a) The commissioner may issue an order directing:

(1) a health maintenance organization; or

(2) a representative of a health maintenance organization;

to cease and desist from engaging in any act or practice that violates this article.

(b) Within ten (10) days after a cease and desist order is served under subsection (a), the health maintenance organization or its representative may request a hearing on the question of whether acts or practices in violation of this article have occurred. The hearing must be conducted under IC 4-21.5.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-10-1-8 — Indiana Code / Title 27 / Article 10 / Chapter 1 / Section 27-10-1-8
"Premium"
Status: in_force

Sec. 8. "Premium" means:

(1) currency issued by the United States of America paid to a bail agent prior to the execution of a bail bond;

(2) a check delivered to a bail agent prior to the execution of the bail bond that must be:

(A) properly payable when delivered; and

(B) deposited in the bail agent's bank account; or

(3) a credit card transaction if the bail agent:

(A) accepts the credit card; and

(B) obtains:

(i) authorization from the credit card issuer for the amount due; and

(ii) an approval number from the credit card issuer for the credit card transaction;

before the execution of the bail bond.

As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.3; P.L.348-1995, SEC.1.
Ind. Code § 27-8-9-4 — Indiana Code / Title 27 / Article 8 / Chapter 9 / Section 27-8-9-4
Repealed
Status: repealed

As added by Acts 1980, P.L.174, SEC.1. Repealed by P.L.261-1983, SEC.6.
Ind. Code § 27-8-17-20 — Indiana Code / Title 27 / Article 8 / Chapter 17 / Section 27-8-17-20
Rules
Status: in_force

Sec. 20. The department shall adopt rules under IC 4-22-2 necessary to carry out this chapter.

As added by P.L.128-1992, SEC.1.
Ind. Code § 27-8-19.8-18 — Indiana Code / Title 27 / Article 8 / Chapter 19.8 / Section 27-8-19.8-18
Examination of viatical settlement provider or applicant
Status: in_force

Sec. 18. (a) When the department reasonably considers it necessary for the protection of the public, the department may examine the business and other affairs of a viatical settlement provider or an applicant.

(b) The department may order a viatical settlement provider or an applicant to produce records, books, files, or other information reasonably necessary to ascertain whether the viatical settlement provider or the applicant has violated or is violating the law or otherwise has acted or is acting contrary to the public interest.

(c) The viatical settlement provider or applicant shall pay the expenses of an examination conducted under this section.

As added by P.L.130-1994, SEC.47 and P.L.116-1994, SEC.70. Amended by P.L.32-1998, SEC.20.
Ind. Code § 27-7-3-9 — Indiana Code / Title 27 / Article 7 / Chapter 3 / Section 27-7-3-9
Title insurance reserve fund
Status: in_force

Sec. 9. Every company described in section 3 of this chapter shall annually set apart, accumulate, and maintain, in a fund to be known as the title insurance reserve fund, securities of the kind and character designated by IC 27-1-13-3(b) of the face amount equal to ten percent (10%) of the actual premiums collected during the preceding year by the company on account of such title insurance, until the fund totals fifty thousand dollars ($50,000). The fund shall be maintained in the treasury of the company as additional security to the holders of policies issued by the company. However, at its option, the company may deposit the title insurance reserve fund with the department in the amount of ten thousand dollars ($10,000), or any multiple thereof up to fifty thousand dollars ($50,000). This deposit shall be known as the title insurance reserve fund deposit.

Formerly: Acts 1937, c.104, s.9. As amended by P.L.252-1985, SEC.255; P.L.159-1986, SEC.6; P.L.161-1986, SEC.3; P.L.184-1996, SEC.4.
Ind. Code § 27-1-4.5-7 — Indiana Code / Title 27 / Article 1 / Chapter 4.5 / Section 27-1-4.5-7
Fine for noncompliance; disciplinary action for repeated noncompliance
Status: in_force

Sec. 7. (a) The department may assess:

(1) an insurer;

(2) a third party administrator; or

(3) a pharmacy benefit manager;

that violates section 5 of this chapter a fine of one thousand dollars ($1,000) per day for which the report is past due.

(b) A fine under this section shall be deposited into the payer affordability penalty fund established by IC 12-15-1-18.5.

(c) The department may waive a fine assessed under this section.

(d) The department may take disciplinary action against:

(1) an insurer;

(2) a third party administrator; or

(3) a pharmacy benefit manager;

that is licensed under this title for repeated violations of section 5 of this chapter.

As added by P.L.239-2025, SEC.11.
Ind. Code § 27-13-10.1-9 — Indiana Code / Title 27 / Article 13 / Chapter 10.1 / Section 27-13-10.1-9
Confidentiality
Status: in_force

Sec. 9. Except as provided in section 8(g) of this chapter, documents and other information created or received by the independent review organization or the medical review professional in connection with an external review under this chapter:

(1) are not public records;

(2) may not be disclosed under IC 5-14-3; and

(3) must be treated in accordance with confidentiality requirements of state and federal law.

As added by P.L.133-1999, SEC.7.
Ind. Code § 27-1-15.6-22 — Indiana Code / Title 27 / Article 1 / Chapter 15.6 / Section 27-1-15.6-22
Compensation; restrictions
Status: in_force

Sec. 22. An insurance producer may not receive compensation for the sale, solicitation, negotiation, or renewal of any insurance policy issued to any person or entity for whom the insurance producer, for a fee, acts as a consultant for that policy unless:

(1) the insurance producer provides to the insured a written agreement in accordance with section 23(c) of this chapter; and

(2) the insurance producer discloses to the insured the following information prior to the sale, solicitation, negotiation, or renewal of any policy:

(A) The fact that the insurance producer will receive compensation for the sale of the policy.

(B) The method of compensation.

As added by P.L.132-2001, SEC.3. Amended by P.L.193-2006, SEC.3.
Ind. Code § 27-1-25.5-5 — Indiana Code / Title 27 / Article 1 / Chapter 25.5 / Section 27-1-25.5-5
"Plan sponsor"
Status: in_force

Sec. 5. As used in this chapter, "plan sponsor" means an employer or organization that offers health insurance coverage to its employees or members through an insurer or a self-funded health benefit plan.

As added by P.L.69-2025, SEC.1.
Ind. Code § 27-7-6-5 — Indiana Code / Title 27 / Article 7 / Chapter 6 / Section 27-7-6-5
Notice of cancellation
Status: in_force

Sec. 5. (a) A notice of cancellation of a policy to which section 4 of this chapter applies is not effective:

(1) unless it is mailed by the insurer to the named insured at least twenty (20) days prior to the effective date of cancellation; or

(2) if the cancellation is for nonpayment of premium, unless it is:

(A) mailed by the insurer to the named insured at least ten (10) days before the effective date of cancellation; and

(B) accompanied by a written statement of the reason for the cancellation.

(b) If a policy was procured by an independent insurance producer duly licensed by the state of Indiana, notice of intent to cancel the policy shall be mailed to the independent insurance producer at least ten (10) days prior to the mailing of the notice of cancellation to the named insured under subsection (a), unless such notice of intent to cancel is or has been waived in writing by the independent insurance producer.

(c) Unless a written statement of the reason for the cancellation accompanies or is included in the notice of cancellation, the notice of cancellation of a policy that is mailed under subsection (a) shall state or be accompanied by a statement that, upon the written request of the named insured that is mailed to the insurer not less than fifteen (15) days prior to the effective date of cancellation, the insurer will specify the reason for such cancellation.

(d) This section does not apply to nonrenewal.

Formerly: Acts 1969, c.332, s.5. As amended by P.L.252-1985, SEC.267; P.L.178-2003, SEC.45; P.L.196-2021, SEC.35.
Ind. Code § 27-11-3-2 — Indiana Code / Title 27 / Article 11 / Chapter 3 / Section 27-11-3-2
Location of principal office; meetings; official publication; synopsis of annual statement; grievance procedures
Status: in_force

Sec. 2. (a) The principal office of any domestic society shall be located in this state. The meetings of its supreme governing body may be held in any state, district, province, or territory where the society has at least one (1) subordinate lodge, or in another location as determined by the supreme governing body, and all business transacted at the meetings shall be as valid in all respects as if the meetings were held in this state. The minutes of the proceedings of the supreme governing body and of the board of directors must be in the English language.

(b) A society may provide in its laws for an official publication in which any notice, report, or statement required by law to be given to members, including notice of election, may be published. Such required reports, notices, and statements shall be printed conspicuously in the publication. If the records of a society show that two (2) or more members have the same mailing address, an official publication mailed to one (1) member is deemed to be mailed to all members at the same address unless a member requests a separate copy.

(c) Not later than June 1 of each year, a synopsis of the society's annual statement providing an explanation of the facts concerning the condition of the society shall be printed and mailed to each benefit member of the society or, instead, the synopsis may be published in the society's official publication.

(d) A society may provide in its laws or rules for grievance or complaint procedures for members.

As added by P.L.262-1985, SEC.1.
Ind. Code § 27-13-1-23 — Indiana Code / Title 27 / Article 13 / Chapter 1 / Section 27-13-1-23
"Out-of-plan covered services"
Status: in_force

Sec. 23. (a) "Out-of-plan covered services" means nonemergency, self-referred covered health care services that:

(1) are obtained from a provider who is:

(A) not otherwise employed by;

(B) not under contract with; and

(C) not otherwise affiliated with;

the health maintenance organization; or

(2) are obtained from a participating provider without a referral.

(b) The term does not include uncovered services.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-2-24-4 — Indiana Code / Title 27 / Article 2 / Chapter 24 / Section 27-2-24-4
"Final settlement"
Status: in_force

Sec. 4. (a) As used in this chapter, "final settlement" means a determination:

(1) of the amount owed to an innocent coinsured by an insurer:

(A) under the building coverage part of a policy of property or casualty insurance; and

(B) for property loss to the innocent coinsured's primary residence; and

(2) made by any of the following methods:

(A) Acceptance of a proof of loss by the insurer.

(B) Execution of a release by the innocent coinsured.

(C) Acceptance of an arbitration award by the innocent coinsured and the insurer.

(D) Judgment of a court of competent jurisdiction.

(b) The term "final settlement" does not apply to damage or loss related to contents, personal property, or another loss that is not covered under the building coverage part of a policy of property or casualty insurance.

As added by P.L.148-2017, SEC.8.
Ind. Code § 27-17-10-3 — Indiana Code / Title 27 / Article 17 / Chapter 10 / Section 27-17-10-3
Conclude affairs; prohibited activity
Status: in_force

Sec. 3. Upon the effective date of the surrender or revocation of a discount medical card program organization's registration, the discount medical card program organization shall conclude the discount medical card program organization's affairs transacted under the registration. The discount medical card program organization may not engage in any further advertising, solicitation, collection of consideration, or renewal of agreements.

As added by P.L.73-2006, SEC.3.
Ind. Code § 27-1-12-31 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-31
Authority to issue life or endowment insurance upon group plan; special premium rates; valuation of policies; segregation
Status: in_force

Sec. 31. Any life insurance company may issue life or endowment insurance, with or without annuities, upon the group plan as defined in this chapter, with special rates of premiums less than the usual rates of premiums for such policies, and may value such policies on any accepted table of mortality and interest assumption adopted by the company for that purpose, provided, that in no case shall such standard be lower than the American Men Table of Mortality (ultimate) with interest assumption at three and one-half percent (3 1/2%) in the case of policies issued before the transition date selected by the company pursuant to section 12 of this chapter, nor lower than the standard prescribed in IC 27-1-12.8 in the case of policies issued on and after such transition date. All policies of group insurance shall be segregated by the company into a separate class, the mortality experience kept separate, and the number of policies, amount of insurance, reserves, premiums, and payments to policyholders under the policies, together with the mortality table and interest assumption adopted by the company shall be reported separately in the company's annual financial statement.

Formerly: Acts 1935, c.162, s.169; Acts 1943, c.189, s.8. As amended by P.L.252-1985, SEC.65; P.L.276-2013, SEC.9; P.L.136-2018, SEC.160.
Ind. Code § 27-1-12-42 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-42
Group life insurance; conversion rights; notice; time to exercise rights
Status: in_force

Sec. 42. (a) If a person who:

(1) is insured under a group life insurance policy delivered in Indiana; and

(2) is entitled under the terms of the group policy to have an individual policy of life insurance issued without evidence of insurability upon the making of application and payment of the first premium within the period specified in the policy;

is not given notice of the existence of the conversion right referred to in subdivision (2) at least fifteen (15) days before the expiration of the period during which the application and payment of the first premium must be made under the terms of the policy, the person has an additional period within which to exercise the conversion right.

(b) The additional period created under subsection (a) for exercise of a right of conversion expires fifteen (15) days after the person is given notice of the conversion right. However, irrespective of the date on which notice is given or of the absence of any notice, the additional period may not extend beyond sixty (60) days after the expiration date of the period within which application and payment of the first premium were to be made under the terms of the policy.

(c) For purposes of this section, notice of the right of conversion may be given to the person in a writing:

(1) presented to the person;

(2) mailed by the policyholder to the last known address of the person; or

(3) mailed by the insurer to the last known address of the person as furnished by the policyholder.

As added by P.L.254-1985, SEC.6.
Ind. Code § 27-1-37.6-7 — Indiana Code / Title 27 / Article 1 / Chapter 37.6 / Section 27-1-37.6-7
"Health care provider"
Status: in_force

Sec. 7. As used in this chapter, "health care provider" means an individual or entity that is:

(1) licensed, certified, registered, or regulated by an entity described in IC 25-0.5-11;

(2) authorized to provide health care services; and

(3) contracted to provide health care services to members of a health plan.

As added by P.L.203-2023, SEC.19.
Ind. Code § 27-1-15.9-3 — Indiana Code / Title 27 / Article 1 / Chapter 15.9 / Section 27-1-15.9-3
"Insured customer"
Status: in_force

Sec. 3. As used in this chapter, "insured customer" means a customer who purchases insurance under a portable electronics insurance policy that is issued to a vendor.

As added by P.L.4-2012, SEC.3.
Ind. Code § 27-13-31-1 — Indiana Code / Title 27 / Article 13 / Chapter 31 / Section 27-13-31-1
Information treated as confidential; exceptions; privilege against disclosure
Status: in_force

Sec. 1. (a) Notwithstanding IC 27-13-30, any information:

(1) that pertains to the diagnosis, treatment, or health of any enrollee of a health maintenance organization or limited service health maintenance organization; and

(2) that is obtained from:

(A) the enrollee; or

(B) any provider;

by any health maintenance organization or limited service health maintenance organization;

is confidential and may not be disclosed to any person, except under the circumstances set forth in subsection (b).

(b) Information described in subsection (a) may be disclosed:

(1) to the extent necessary to carry out this article;

(2) upon the express consent of the enrollee;

(3) under a statute or court order for the production of evidence or the discovery of evidence; or

(4) in the event of a claim or litigation between:

(A) the enrollee; and

(B) the health maintenance organization or limited service health maintenance organization;

in which the data or information is pertinent.

(c) A health maintenance organization or limited service health maintenance organization is entitled to claim any statutory privilege against the disclosure of information described in subsection (a) that the provider who furnished the information to the health maintenance organization or limited service health maintenance organization is entitled to claim.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-14.5-3-3 — Indiana Code / Title 27 / Article 14.5 / Chapter 3 / Section 27-14.5-3-3
Amendment or withdrawal of plan to issue stock
Status: in_force

Sec. 3. A board of directors that adopts a plan to issue stock under this chapter may amend or withdraw the plan at any time before the effective date by a vote of not less than two-thirds (2/3) of the members of the board of directors. However, after the commissioner has approved a plan to issue stock, the plan may not be amended unless the commissioner approves the amendment.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-1-12.8-11 — Indiana Code / Title 27 / Article 1 / Chapter 12.8 / Section 27-1-12.8-11
"NAIC"
Status: in_force

Sec. 11. As used in this chapter, "NAIC" refers to the National Association of Insurance Commissioners.

As added by P.L.276-2013, SEC.10.
Ind. Code § 27-8-5-8 — Indiana Code / Title 27 / Article 8 / Chapter 5 / Section 27-8-5-8
Exemption of accident and sickness coverage incidental to designated other forms of insurance
Status: in_force

Sec. 8. Except as otherwise expressly indicated in this section, nothing contained in sections 1 through 7 of this chapter shall apply to or affect:

(1) any policy of worker's compensation insurance or any policy of liability insurance with or without supplementary coverage in the policy;

(2) any policy or contract of reinsurance;

(3) as to sections 2 through 7 of this chapter, any blanket or group policy of insurance;

(4) life insurance, endowment, or annuity contracts, or contracts supplemental thereto which contain only such provisions relating to accident and sickness insurance as:

(A) provide additional benefits in case of death or dismemberment or loss of sight by accident; or

(B) operate to safeguard such contracts against lapse, or to give a special surrender value or special benefit or an annuity in the event that the insured or annuitant shall become totally and permanently disabled, as defined by the contract or supplemental contract;

(5) as to sections 2 through 5 of this chapter, any policies of accident and sickness insurance issued on the industrial plan with premiums payable on a weekly basis; or

(6) transportation ticket policies sold only at public transportation stations or at public transportation ticket offices by public transportation employees, as to such of the required provisions set out in section 3 of this chapter as are incongruous with the coverage and conditions of the policies.

Formerly: Acts 1953, c.15, s.169.8; Acts 1955, c.129, s.1. As amended by P.L.252-1985, SEC.306; P.L.28-1988, SEC.105.
Ind. Code § 27-1-4.1-6 — Indiana Code / Title 27 / Article 1 / Chapter 4.1 / Section 27-1-4.1-6
Annual submission of CGAD
Status: in_force

Sec. 6. (a) An insurer or insurance group of which the insurer is a member shall, not later than June 1 of each calendar year, submit:

(1) to the commissioner; or

(2) if the insurer is a member of an insurance group, to the lead state commissioner of the insurance group (as determined by the procedures in the Financial Analysis Handbook) according to the law of the lead state;

a CGAD.

(b) An insurer that is a member of an insurance group and not required to submit a CGAD to the commissioner under subsection (a) shall submit a CGAD to the commissioner upon the commissioner's request.

(c) A CGAD submitted under this section must include the signature of the insurer's or insurance group's chief executive officer or corporate secretary attesting that to the best of the chief executive officer's or corporate secretary's knowledge the insurer has:

(1) implemented corporate governance procedures; and

(2) provided a copy of the CGAD to the insurer's board of directors or the appropriate committee of the board of directors.

As added by P.L.146-2015, SEC.19. Amended by P.L.124-2018, SEC.10.
Ind. Code § 27-2-24-9 — Indiana Code / Title 27 / Article 2 / Chapter 24 / Section 27-2-24-9
Insurer actions solely on basis of innocent coinsured history prohibited
Status: in_force

Sec. 9. An insurer may not:

(1) refuse to renew;

(2) refuse to issue; or

(3) add a surcharge or rating factor to a premium for;

a policy of property or casualty insurance solely on the basis that an insured or a prospective insured under the policy of property or casualty insurance has been an innocent coinsured.

As added by P.L.148-2017, SEC.8.
Ind. Code § 27-1-2.3-8.3 — Indiana Code / Title 27 / Article 1 / Chapter 2.3 / Section 27-1-2.3-8.3
Procedures for remitting payment to a nonparticipating ambulance provider for claims
Status: in_force

Sec. 8.3. (a) A health plan operator that receives a clean claim for ambulance service provided to a covered individual by a nonparticipating ambulance service provider:

(1) shall remit payment for the ambulance service directly to the nonparticipating ambulance service provider not more than thirty (30) days after receiving the clean claim; and

(2) shall not send payment to the covered individual.

(b) If a claim that a health plan operator receives for ambulance service provided to a covered individual by a nonparticipating ambulance service provider is not a clean claim, the health plan operator, not more than thirty (30) days after receiving the claim, shall:

(1) remit payment for the ambulance service directly to the nonparticipating ambulance service provider; or

(2) send to the nonparticipating ambulance service provider a written notice that:

(A) acknowledges the date of the receipt of the claim; and

(B) either:

(i) states that the health plan operator is declining to pay all or part of the claim and sets forth the specific reason or reasons for declining to pay the claim in full; or

(ii) states that additional information is needed to determine whether all or part of the claim is payable and specifically describes the additional information that is needed.

As added by P.L.163-2024, SEC.12.
Ind. Code § 27-8-29-7 — Indiana Code / Title 27 / Article 8 / Chapter 29 / Section 27-8-29-7
"Grievance" defined
Status: in_force

Sec. 7. As used in this chapter, "grievance" has the meaning set forth in IC 27-8-28-6.

As added by P.L.66-2001, SEC.3 and P.L.203-2001, SEC.14.
Ind. Code § 27-1-15.6-31 — Indiana Code / Title 27 / Article 1 / Chapter 15.6 / Section 27-1-15.6-31
Producers not to be named as beneficiaries
Status: in_force

Sec. 31. An insurance producer shall not:

(1) be named a beneficiary of;

(2) become an owner of; or

(3) receive a collateral assignment of;

an individual life insurance policy or individual annuity contract unless the insurance producer has an insurable interest in the life of the insured or annuitant. A beneficiary designation, ownership designation, or collateral assignment made in violation of this section is void.

As added by P.L.132-2001, SEC.3.
Ind. Code § 27-1-35-4 — Indiana Code / Title 27 / Article 1 / Chapter 35 / Section 27-1-35-4
"Control" or "controlled" defined
Status: in_force

Sec. 4. As used in this chapter, "control" or "controlled" has the meaning set forth in IC 27-1-23-1.

As added by P.L.130-1994, SEC.36 and P.L.116-1994, SEC.47.
Ind. Code § 27-14.5-2-10 — Indiana Code / Title 27 / Article 14.5 / Chapter 2 / Section 27-14.5-2-10
Notice of meeting to all members
Status: in_force

Sec. 10. All members, in accordance with IC 27-1-7-7, must be provided with notice of the meeting at which the plan of reorganization will be submitted for approval by the members in the manner outlined in the plan of reorganization approved by the commissioner.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-9-3-30 — Indiana Code / Title 27 / Article 9 / Chapter 3 / Section 27-9-3-30
Repealed
Status: repealed

As added by Acts 1979, P.L.255, SEC.1. Repealed by P.L.233-1999, SEC.16.
Ind. Code § 27-1-25-3 — Indiana Code / Title 27 / Article 1 / Chapter 25 / Section 27-1-25-3
Presumptions as to payment of premiums and claims
Status: in_force

Sec. 3. (a) If an insurer utilizes the services of an administrator:

(1) premiums or charges for coverage paid by or on behalf of the covered individual are considered to have been received by the insurer when paid to the administrator; and

(2) claims or return premiums paid by the insurer to the administrator are not considered to have been paid to the covered individual or claimant until the payment is received by the covered individual or claimant.

(b) This section does not limit the rights of an insurer against an administrator resulting from the failure of the administrator to make payments to the insurer, covered individuals, or claimants.

As added by Acts 1980, P.L.168, SEC.2. Amended by P.L.26-1991, SEC.19; P.L.160-2003, SEC.6.
Ind. Code § 27-6-9-24 — Indiana Code / Title 27 / Article 6 / Chapter 9 / Section 27-6-9-24
Examination by commissioner; access to records
Status: in_force

Sec. 24. (a) A reinsurance intermediary is subject to examination by the commissioner. The commissioner shall have access to all books, bank accounts, and records of the reinsurance intermediary in a form usable to the commissioner.

(b) A RM may be examined as if it were the reinsurer.

As added by P.L.26-1991, SEC.26.
Ind. Code § 27-1-23.5-10 — Indiana Code / Title 27 / Article 1 / Chapter 23.5 / Section 27-1-23.5-10
ORSA reports; requirements
Status: in_force

Sec. 10. (a) Upon the request of the commissioner, and not more than one (1) time per year, an insurer shall submit to the commissioner:

(1) an ORSA summary report; or

(2) a combination of reports that together contain the information described in the ORSA Manual;

applicable to the insurer or insurance group of which the insurer is a member.

(b) Regardless of a request from the commissioner, if the commissioner is the lead state commissioner of an insurance group of which an insurer is a member (as determined by the procedures in the Financial Analysis Handbook), the insurer shall submit a report described in subsection (a) at least one (1) time per year.

(c) A report required by this section must include a signature of the insurer's or insurance group's chief risk officer, or another executive who has responsibility for the oversight of the insurer's enterprise risk management process, attesting that:

(1) to the best of the officer's or executive's belief and knowledge the insurer applies the enterprise risk management process described in the ORSA summary report; and

(2) a copy of the report has been provided to the insurer's board of directors or the appropriate committee of the insurer's board of directors.

(d) If an insurer or another member of an insurance group of which the insurer is a member submits to the commissioner the most recent report that:

(1) was provided to the:

(A) commissioner of another state; or

(B) regulatory authority of an alien jurisdiction;

(2) is substantially similar to an ORSA summary report; and

(3) contains information that is comparable to the information described in the ORSA Manual;

the insurer is considered to have satisfied the requirements of this section.

(e) If a report described in subsection (d) is completed in a language other than English, a translation of the report into the English language must be submitted with the report.

As added by P.L.129-2014, SEC.8. Amended by P.L.124-2018, SEC.44.
Ind. Code § 27-1-38-2 — Indiana Code / Title 27 / Article 1 / Chapter 38 / Section 27-1-38-2
"Customer" defined
Status: in_force

Sec. 2. As used in this section, "customer" means an individual who purchases, applies to purchase, or is solicited to purchase insurance primarily for personal, family, or household purposes.

As added by P.L.130-2002, SEC.2.
Ind. Code § 27-8-5-24 — Indiana Code / Title 27 / Article 8 / Chapter 5 / Section 27-8-5-24
Insured issued new policy within year after cancellation or nonrenewal; mandatory coverage
Status: in_force

Sec. 24. If an insurer cancels or declines to renew a group accident and sickness policy for reasons other than fraud or nonpayment of a premium and issues a new policy to the policyholder within one (1) year after the effective date of cancellation of the policy, the insurer must accept for coverage under the new policy an individual who:

(1) was covered under the old policy; and

(2) has continued to meet the requirements for membership in the group that applied to the old policy.

However, the insurer may not exclude or limit the coverage to the individual or individual's dependent due to evidence of insurability.

As added by P.L.125-1992, SEC.4.
Ind. Code § 27-9-4-4 — Indiana Code / Title 27 / Article 9 / Chapter 4 / Section 27-9-4-4
Ancillary state receivers
Status: in_force

Sec. 4. (a) If a domiciliary liquidator has been appointed for an insurer not domiciled in Indiana, the commissioner may file a petition with the Marion County circuit court requesting appointment as ancillary receiver in Indiana if:

(1) he finds that there are sufficient assets of the insurer located in Indiana to justify the appointment of an ancillary receiver; and

(2) the protection of creditors or policyholders in Indiana requires it.

(b) The Marion County circuit court may issue an order appointing an ancillary receiver in whatever terms it considers appropriate. The filing or recording of the order with the recorder of deeds in Indiana imparts the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds.

(c) When a domiciliary liquidator has been appointed in a reciprocal state, then the ancillary receiver appointed in Indiana may, whenever necessary, aid and assist the domiciliary liquidator in recovering assets of the insurer located in Indiana. The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims which are proved and allowed in the ancillary proceedings in Indiana, and shall pay the necessary expenses of the proceedings. He shall promptly transfer all remaining assets, books, accounts and records to the domiciliary liquidator. Subject to this section, the ancillary receiver and his deputies shall have the same powers and be subject to the same duties with respect to the administration of assets as a liquidator of an insurer domiciled in Indiana.

(d) When a domiciliary liquidator has been appointed in Indiana, ancillary receivers appointed in reciprocal states shall have, as to assets and books, accounts, and other records in their respective states, corresponding rights, duties and powers to those provided in subsection (c) for ancillary receivers appointed in Indiana.

As added by Acts 1979, P.L.255, SEC.1.
Ind. Code § 27-7-18.7-4 — Indiana Code / Title 27 / Article 7 / Chapter 18.7 / Section 27-7-18.7-4
"Property and casualty insurance"
Status: in_force

Sec. 4. As used in this chapter, "property and casualty insurance" means one (1) or more of the types of insurance described in IC 27-1-5-1, Class 2 and Class 3.

As added by P.L.86-2026, SEC.25.
Ind. Code § 27-2-23-7 — Indiana Code / Title 27 / Article 2 / Chapter 23 / Section 27-2-23-7
"Knowledge of death"
Status: in_force

Sec. 7. As used in this chapter, "knowledge of death" means one (1) of the following:

(1) Receipt of a certified original or copy of a death certificate of a person.

(2) A death master file match that an insurer has validated with a secondary source.

As added by P.L.90-2014, SEC.1.
Ind. Code § 27-8-20-6 — Indiana Code / Title 27 / Article 8 / Chapter 20 / Section 27-8-20-6
"Standard reference compendium" defined
Status: in_force

Sec. 6. As used in this chapter, "standard reference compendium" means any of the following:

(1) The United States Pharmacopeia Drug Information.

(2) The American Medical Association Drug Evaluations.

(3) The American Hospital Formulary Service Drug Information.

As added by P.L.277-1993(ss), SEC.120.
Ind. Code § 27-7-10-31 — Indiana Code / Title 27 / Article 7 / Chapter 10 / Section 27-7-10-31
Purchasing groups; solicitation, negotiation, or procurement of liability insurance; license requirements
Status: in_force

Sec. 31. (a) No individual, firm, association, or corporation may act or aid in any manner in soliciting, negotiating, or procuring liability insurance in Indiana for a purchasing group from an authorized insurer or a risk retention group chartered in a state unless the individual, firm, association, or corporation is licensed as an insurance producer under IC 27-1-15.6.

(b) No individual, firm, association, or corporation may act or aid in any manner in soliciting, negotiating, or procuring liability insurance coverage in Indiana for any member of a purchasing group under a purchasing group's policy unless the individual, firm, association, or corporation is licensed as an insurance producer under IC 27-1-15.6.

(c) No individual, firm, association, or corporation may act or aid in any manner in soliciting, negotiating, or procuring liability insurance from an insurer not authorized to do business in Indiana on behalf of a purchasing group located in Indiana unless the individual, firm, association, or corporation is licensed as a surplus lines producer under IC 27-1-15.8.

As added by P.L.162-1988, SEC.2. Amended by P.L.132-2001, SEC.12; P.L.178-2003, SEC.53.
Ind. Code § 27-8-14.7-1 — Indiana Code / Title 27 / Article 8 / Chapter 14.7 / Section 27-8-14.7-1
"Accident and sickness insurance policy"
Status: in_force

Sec. 1. (a) As used in this chapter, "accident and sickness insurance policy" means an insurance policy that:

(1) provides at least one (1) of the types of insurance described in IC 27-1-5-1, Classes 1(b) and 2(a); and

(2) is issued on a group basis.

(b) "Accident and sickness insurance policy" does not include the following:

(1) Accident only, credit, dental, vision, Medicare supplement, long term care, or disability income insurance.

(2) Coverage issued as a supplement to liability insurance.

(3) Worker's compensation or similar insurance.

(4) Automobile medical payment insurance.

(5) A specified disease policy.

(6) A short term insurance plan that:

(A) may be renewed for the greater of:

(i) thirty-six (36) months; or

(ii) the maximum period permitted under federal law;

(B) has a term of not more than three hundred sixty-four (364) days; and

(C) has an annual limit of at least two million dollars ($2,000,000).

(7) A policy that provides indemnity benefits not based on any expense incurred requirement, including a plan that provides coverage for:

(A) hospital confinement, critical illness, or intensive care; or

(B) gaps for deductibles or copayments.

(8) A supplemental plan that always pays in addition to other coverage.

(9) A student health plan.

(10) An employer sponsored health benefit plan that is:

(A) provided to individuals who are eligible for Medicare; and

(B) not marketed as, or held out to be, a Medicare supplement policy.

As added by P.L.170-1999, SEC.4. Amended by P.L.173-2007, SEC.34; P.L.288-2019, SEC.15.
Ind. Code § 27-16-2-4 — Indiana Code / Title 27 / Article 16 / Chapter 2 / Section 27-16-2-4
"Co-employed"
Status: in_force

Sec. 4. "Co-employed" means that an individual is contemporaneously employed by both a client and a professional employer organization.

As added by P.L.245-2005, SEC.7.
Ind. Code § 27-8-5-5 — Indiana Code / Title 27 / Article 8 / Chapter 5 / Section 27-8-5-5
Application; attaching copy to policy; furnishing copy to insured; alterations; effect of false statements
Status: in_force

Sec. 5. (a) The insured shall not be bound by any statement made in an application for a policy unless a copy of such application is attached to or endorsed on the policy when issued as a part of the policy. If any such policy delivered or issued for delivery to any person in this state shall be reinstated or renewed, and the insured or the beneficiary or assignee of such policy shall make written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shall within fifteen (15) days after the receipt of such request at its home office or any branch office of the insurer, deliver or mail to the person making such request, a copy of such application. If such copy shall not be so delivered or mailed, the insurer shall be precluded from introducing such application as evidence in any action or proceeding based upon or involving such policy or its reinstatement or renewal.

(b) No alteration of any written application for any such policy shall be made by any person other than the applicant without the applicant's written consent, except that insertions may be made by the insurer, for administrative purposes only, in such manner as to indicate clearly that such insertions are not to be ascribed to the applicant.

(c) The falsity of any statement in the application for any policy covered by this chapter may not bar the right to recovery under the policy unless such false statement materially affected either the acceptance of the risk or the hazard assumed by the insurer.

Formerly: Acts 1953, c.15, s.169.5. As amended by P.L.252-1985, SEC.304; P.L.136-2018, SEC.196.
Ind. Code § 27-1-35-17 — Indiana Code / Title 27 / Article 1 / Chapter 35 / Section 27-1-35-17
Civil actions by commissioner
Status: in_force

Sec. 17. If the commissioner finds that because of a material noncompliance under section 16 of this chapter the controlled insurer or any policyholder of the controlled insurer has suffered any loss or damage, the commissioner may maintain a civil action or intervene in an action brought by or on behalf of the insurer or policyholder for recovery of compensatory damages for the benefit of the insurer or policyholder or other appropriate relief.

As added by P.L.130-1994, SEC.36 and P.L.116-1994, SEC.47.
Ind. Code § 27-10-2-12 — Indiana Code / Title 27 / Article 10 / Chapter 2 / Section 27-10-2-12
Failure of defendant to appear; notice; late surrender fees; forfeiture proceedings; satisfaction of judgment; revocation of license
Status: in_force

Sec. 12. (a) Only if a defendant does not appear as provided in the bond:

(1) the court shall:

(A) issue a warrant for the defendant's arrest; and

(B) order the bail agent and the surety to surrender the defendant to the court immediately;

(2) the clerk shall, less than thirty (30) days after the defendant's failure to appear, mail notice of the order to both:

(A) the bail agent; and

(B) the surety;

at each of the addresses indicated in the bonds; and

(3) if the defendant later is arrested or otherwise appears:

(A) the court shall order that the surety be released from the bond; and

(B) after the court issues an order under clause (A), the surety's original undertaking shall be reinstated if the surety files a written request for the reinstatement of the undertaking with the court.

This subsection may not be construed to prevent a court from revoking or resetting bail.

(b) The bail agent or surety must:

(1) produce the defendant; or

(2) prove within three hundred sixty-five (365) days:

(A) that the appearance of the defendant was prevented:

(i) by the defendant's illness or death;

(ii) because the defendant was at the scheduled time of appearance or currently is in the custody of the United States, a state, or a political subdivision of the United States or a state;

(iii) because the required notice was not given; or

(iv) because authorities have refused to extradite the defendant, by a preponderance of the evidence; and

(B) the defendant's absence was not with the consent or connivance of the sureties.

(c) If the bail agent or surety does not comply with the terms of subsection (b) within one hundred twenty (120) days after the mailing of the notice required under subsection (a)(2), a late surrender fee shall be assessed against the bail agent or surety as follows:

(1) If compliance occurs more than one hundred twenty (120) days but not more than one hundred eighty (180) days after the mailing of notice, the late surrender fee is twenty percent (20%) of the face value of the bond.

(2) If compliance occurs more than one hundred eighty (180) days but not more than two hundred ten (210) days after the mailing of notice, the late surrender fee is thirty percent (30%) of the face value of the bond.

(3) If compliance occurs more than two hundred ten (210) days but not more than two hundred forty (240) days after the mailing of notice, the late surrender fee is fifty percent (50%) of the face value of the bond.

(4) If compliance occurs more than two hundred forty (240) days but not more than three hundred sixty-five (365) days after the mailing of notice, the late surrender fee is eighty percent (80%) of the face value of the bond.

(5) If the bail agent or surety does not comply with the terms of subsection (b) within three hundred sixty-five (365) days of the mailing of notice required under subsection (a)(2), the late surrender fee is eighty percent (80%) of the face value of the bond.

All late surrender fees are due as of the date of compliance with subsection (b) or three hundred sixty-five (365) days after the mailing of notice required under subsection (a)(2), whichever is earlier, and shall be paid by the surety when due. If the surety fails to pay, then the late surrender fees shall be paid by the commissioner as provided in subsection (f).

(d) If the bail agent or surety does not comply with the terms of subsection (b) within three hundred sixty-five (365) days of the mailing of notice required by subsection (a)(2), the court shall declare forfeited an amount equal to twenty percent (20%) of the face value of the bond. The court shall immediately enter judgment on the forfeiture, without pleadings and without change of judge or change of venue, and assess against the bail agent or surety all actual costs resulting from the defendant's failure to appear. These costs include jury fees, witness fees, and any other documented costs incurred by the court.

(e) Proceedings relative to the bond, forfeiture of a bond, judgment on the forfeiture, execution of judgment, or stay of proceedings shall be in the court in which the bond was posted. Costs and late surrender fee assessed against a bail agent or surety under subsection (c) shall be satisfied without further order of the court as provided in subsection (f). The court may waive the late surrender fee or extend the period for payment beyond the statutorily permitted period, or both, if the following conditions are met:

(1) A written request is filed with the court and the prosecutor.

(2) The surety or bail agent provides evidence satisfactory to the court that diligent efforts were made to locate the defendant.

(f) In the case of an insurer, if the fees, costs, or judgment is not paid, then the clerk shall mail the notice to the commissioner. The commissioner shall:

(1) within ten (10) days of receipt of the notice forward a copy by certified mail to the insurer;

(2) forty-five (45) days after receipt of the notice from the clerk, if the commissioner has not been notified by the clerk that the fees or judgment or both have been paid, pay the late surrender fee assessment, costs, and any judgment of forfeiture ordered by the court from funds the insurer has on deposit with the department of insurance;

(3) upon paying the assessment, costs, and judgment, if any, from funds on deposit, immediately revoke the license of the insurer, if the satisfaction causes the deposit remaining to be less than the amount required by this article; and

(4) within ten (10) days after revoking a license, notify the insurer and the insurer's agents and the clerk of each county in Indiana of the revocation and the insurer shall be prohibited from conducting a bail bond business in Indiana until the deposit has been replenished.

(g) The notice mailed by the clerk to the commissioner pursuant to the terms of subsection (f) shall include:

(1) the date on which the defendant originally failed to appear as provided in the bond;

(2) the date of compliance with subsection (b), if compliance was achieved within three hundred sixty-five (365) days after the mailing of the notice required by subsection (a)(2);

(3) the amount of the bond;

(4) the dollar amount of the late surrender fee due;

(5) the amount of costs resulting from the defendant's failure to appear; and

(6) if applicable, the dollar amount of the judgment of forfeiture entered by the court.

(h) Any surety on a bond may appeal to the court of appeals as in other civil cases without moving for a new trial, and on the appeal the evidence, if any, shall be reviewed.

(i) Fifty percent (50%) of the late surrender fees collected under this chapter shall be deposited in the police pension trust fund established under IC 36-8-10-12 and the remaining fifty percent (50%) shall be deposited in the county extradition and sheriff's assistance fund established under IC 35-33-14.

As added by P.L.261-1985, SEC.1. Amended by P.L.355-1989(ss), SEC.4; P.L.224-1993, SEC.9; P.L.348-1995, SEC.3; P.L.105-2010, SEC.8; P.L.42-2013, SEC.1.
Ind. Code § 27-1-19-3 — Indiana Code / Title 27 / Article 1 / Chapter 19 / Section 27-1-19-3
Articles of reorganization; presentation and approval
Status: in_force

Sec. 3. The articles of reorganization shall be presented to the department, accompanied by a certified copy of the resolution of the board of directors adopting and approving the same, signed by the president and secretary of the company. The department may approve or disapprove the articles of reorganization, in the same manner as provided in IC 27-1-6-8. In the event the department approves the articles of reorganization as provided, it shall then submit them to the attorney general for the state of Indiana, who shall examine such articles and endorse his approval thereon and return them to the department in the same manner as provided in IC 27-1-6-9. When the articles of reorganization have been approved by the attorney general and returned to the department, the department shall present them to the secretary of state for the state of Indiana, who shall endorse his approval thereon in the same manner as provided in IC 27-1-6-10 and file one (1) copy in his office and return the other two (2) copies to the company or its representatives.

Formerly: Acts 1935, c.162, s.242. As amended by P.L.252-1985, SEC.83.
Ind. Code § 27-8-14.1-0.1 — Indiana Code / Title 27 / Article 8 / Chapter 14.1 / Section 27-8-14.1-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The amendments made to section 4 of this chapter by P.L.196-2005 apply to an accident and sickness insurance policy that is issued, delivered, amended, or renewed after June 30, 2005.

As added by P.L.220-2011, SEC.444.
Ind. Code § 27-8-10-6 — Indiana Code / Title 27 / Article 8 / Chapter 10 / Section 27-8-10-6
Policies; renewal provisions; election to continue coverage upon death of policyholder
Status: in_force

Sec. 6. (a) An association policy offered under this chapter must contain provisions under which the association is obligated to renew the contract until:

(1) the date on which coverage terminates under section 5.1 of this chapter; or

(2) the day on which the individual in whose name the contract is issued first becomes eligible for Medicare coverage, except that in a family policy covering both husband and wife, the age of the younger spouse must be used as the basis for meeting the durational requirement of this subdivision.

(b) The association may not change the rates for association policies or Medicare supplement policies except on a class basis with a clear disclosure in the policy of the association's right to do so.

(c) An association policy offered under this chapter must provide that upon the death of the individual in whose name the contract is issued, every other individual then covered under the contract may elect, within a period specified in the contract, to continue coverage under the same or a different contract until such time as he would have ceased to be entitled to coverage had the individual in whose name the contract was issued lived.

As added by Acts 1981, P.L.249, SEC.1. Amended by P.L.116-1994, SEC.68; P.L.193-2003, SEC.8.
Ind. Code § 27-7-6-12 — Indiana Code / Title 27 / Article 7 / Chapter 6 / Section 27-7-6-12
Person with a disability; automobile policy
Status: in_force

Sec. 12. (a) As used in this section, "person with a disability" means a person who is under a disability as defined by the federal Social Security Administration guidelines (42 U.S.C. 416).

(b) After June 30, 1990, an insurer may not cancel, fail to renew, or refuse to issue an automobile insurance policy to a person with a disability who holds a valid driver's license solely because of the disability, nor may an insurer cancel, fail to renew, or refuse to issue an automobile insurance policy under conditions less favorable to persons with a disability than persons without a disability.

As added by P.L.121-1990, SEC.9. Amended by P.L.99-2007, SEC.191.
Ind. Code § 27-1-12-34.1 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-34.1
Wholesale, franchise, and employee term life insurance; issuance or delivery; requirements
Status: in_force

Sec. 34.1. (a) No policy of wholesale, franchise, or employee life insurance, as defined in this section, shall be issued or delivered in this state unless it conforms to the requirements of this section.

(b) Wholesale, franchise, or employee life insurance is defined as a term life insurance plan under which a number of individual term insurance policies are issued at special rates to a selected group. A special rate is any rate lower than the rate shown in the issuing insurance company's manual for individually issued policies of the same type and to insureds of the same class.

(c) Wholesale, franchise, or employee life insurance may be issued to:

(1) three (3) or more employees of any corporation, copartnership, or individual employer, or any governmental corporation, agency, or department thereof; or

(2) ten (10) or more members, employees, or employees of members of any trade or professional association, or of a labor union, or of any association of members in the same or related occupations, profession, or industry having been in existence for at least two (2) years, where such association or union has a constitution or bylaws and is formed in good faith for purposes other than that of obtaining insurance. Evidence of individual insurability satisfactory to the insurer may be required by the insurer as a condition to coverage.

(d) The premiums on such policies may be paid to the insurer periodically by the employer, with or without payroll deductions, or by the insured or association or union for its members, or by some designated person acting on behalf of such employer, association, or union. The term "employees" as used in this chapter refers to officers, managers, employees, and retired employees of the employer and the individual proprietor or partners if the employer is an individual or partnership.

(e) Each policy issued under this section shall provide that, if the insured person ceases to qualify for the policy he may convert the policy, without evidence of insurability, to an individual policy of life insurance, provided application for such conversion is made within thirty-one (31) days of the date the insured person ceases to qualify for coverage under this section. The individual policy shall be issued on any one (1) of the forms, except term insurance, then customarily issued by the insurer at the age and in the amount applied for. The premium on this individual policy is to be at the insurer's then customary rate applicable to the form and amount of such individual policy, the class of risk to which the insured person then belongs, and his age attained on the effective date of such individual policy.

As added by Acts 1982, P.L.6, SEC.17.
Ind. Code § 27-7-14-4 — Indiana Code / Title 27 / Article 7 / Chapter 14 / Section 27-7-14-4
"Group administrator"
Status: in_force

Sec. 4. As used in this chapter, "group administrator" means:

(1) the officers or directors of; or

(2) another person legally vested with the responsibility to manage the affairs of;

a group of members of the armed forces.

As added by P.L.146-2015, SEC.31.
Ind. Code § 27-13-1-21.3 — Indiana Code / Title 27 / Article 13 / Chapter 1 / Section 27-13-1-21.3
"Insurance producer"
Status: in_force

Sec. 21.3. "Insurance producer" means a person who is a licensed insurance producer under IC 27-1-15.6 and who:

(1) solicits, negotiates, effects, procures, delivers, renews, or continues a policy or contract for membership in a health maintenance organization or a prepaid limited health service organization;

(2) takes or transmits a membership fee or premium for the policy or contract other than for the insurance producer; or

(3) causes the insurance producer to be held out to the public, through advertising or otherwise, as a producer for a health maintenance organization or a prepaid limited health service organization.

As added by P.L.97-2004, SEC.102.
Ind. Code § 27-13-23-1 — Indiana Code / Title 27 / Article 13 / Chapter 23 / Section 27-13-23-1
Health maintenance organization examination
Status: in_force

Sec. 1. The commissioner may make an examination of a health maintenance organization whenever necessary for the protection of the interests of the citizens of Indiana. However, an examination of a health maintenance organization domiciled in Indiana must be conducted at least once every five (5) years.

As added by P.L.26-1994, SEC.25. Amended by P.L.226-2023, SEC.27.
Ind. Code § 27-1-4.1-9 — Indiana Code / Title 27 / Article 1 / Chapter 4.1 / Section 27-1-4.1-9
Nonduplication of other filings
Status: in_force

Sec. 9. If an insurer or insurance group:

(1) submits, in other:

(A) documents submitted to the commissioner, including proxy statements filed with registration statements required by IC 27-1-23-3; or

(B) state or federal filings provided to the department;

information that is substantially similar to the information required by this chapter; and

(2) cross references in the CGAD the document or filing that contains the substantially similar information;

the insurer or insurance group is not required to duplicate the information in the CGAD.

As added by P.L.146-2015, SEC.19.
Ind. Code § 27-1-23.5-11 — Indiana Code / Title 27 / Article 1 / Chapter 23.5 / Section 27-1-23.5-11
Exemptions
Status: in_force

Sec. 11. (a) Except as otherwise provided in this section, an insurer is exempt from the requirements of this chapter if:

(1) the insurer has annual direct written and unaffiliated assumed premium, including international direct and assumed premium but excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, of less than five hundred million dollars ($500,000,000); and

(2) the insurance group of which the insurer is a member has annual direct written and unaffiliated assumed premium, including international direct and assumed premium but excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, of less than one billion dollars ($1,000,000,000).

(b) If:

(1) an insurer qualifies under subsection (a)(1) for exemption from the requirements of this chapter; and

(2) the insurance group of which the insurer is a member does not qualify for exemption under subsection (a)(2);

an ORSA summary report required by section 10 of this chapter must include every insurer that is a member of the insurance group.

(c) If:

(1) an insurance group described in subsection (b) submits more than one (1) ORSA summary report for a combination of insurers; and

(2) the combination of ORSA summary reports submitted as described in subdivision (1) includes every insurer that is a member of the insurance group;

the insurance group is considered to be in compliance with subsection (b).

(d) If:

(1) an insurer does not qualify under subsection (a)(1) for exemption from the requirements of this chapter; and

(2) the insurance group of which the insurer is a member qualifies for exemption under subsection (a)(2);

the only ORSA summary report that is required under section 10 of this chapter is the report that applies to the insurer.

(e) An insurer that does not qualify under subsection (a) for exemption from the requirements of this chapter may apply to the commissioner for a waiver from the requirements of this chapter based on unique circumstances. In deciding whether to grant an insurer's request for a waiver, the commissioner:

(1) may consider the type and volume of business written, ownership and organizational structure, and any other factor the commissioner considers relevant to the insurer or insurance group of which the insurer is a member; and

(2) shall, if the insurer is part of an insurance group with insurers domiciled in more than one (1) state, coordinate with the:

(A) lead state commissioner of the insurance group (as determined by the procedures in the Financial Analysis Handbook); and

(B) other domiciliary commissioners;

in considering whether to grant the insurer's request for a waiver.

(f) The commissioner may, regardless of an insurer's qualification under this section for exemption from the requirements of this chapter, require that an insurer maintain a risk management framework, conduct an ORSA, and file an ORSA summary report if one (1) of the following applies:

(1) If unique circumstances exist, as determined by the commissioner, including the following:

(A) The type and volume of business written by the insurer.

(B) The insurer's ownership and organizational structure.

(C) The request of a federal agency.

(D) The request of an international supervisor.

(2) If the insurer:

(A) has authorized control level RBC for a company action level event under IC 27-1-36;

(B) meets at least one (1) of the standards of an insurer considered to be in hazardous financial condition according to rules adopted by the department under IC 27-1-3-7; or

(C) exhibits other qualities of a troubled insurer, as determined by the commissioner.

(g) If an insurer ceases to qualify for an exemption under this section due to changes in premium, as reflected in:

(1) the insurer's most recent annual statement; or

(2) the most recent annual statements of the insurers that are members of the insurance group of which the insurer is a member;

the insurer must meet the requirements of this chapter not later than one (1) year after the date on which the premium change occurs.

As added by P.L.129-2014, SEC.8. Amended by P.L.124-2018, SEC.45.
Ind. Code § 27-16-4-4 — Indiana Code / Title 27 / Article 16 / Chapter 4 / Section 27-16-4-4
Renewal deadline
Status: in_force

Sec. 4. A PEO shall, not more than one hundred eighty (180) days after the end of the PEO's fiscal year, renew the PEO's registration by filing a statement notifying the department of any changes in the information provided in the PEO's most recent registration or renewal.

As added by P.L.245-2005, SEC.7.
Ind. Code § 27-8-29-12 — Indiana Code / Title 27 / Article 8 / Chapter 29 / Section 27-8-29-12
Insurer to establish external grievance procedures
Status: in_force

Sec. 12. An insurer shall establish and maintain an external grievance procedure for the resolution of external grievances regarding the following:

(1) The following determinations made by the insurer or an agent of the insurer regarding a service proposed by the treating health care provider:

(A) An adverse determination of appropriateness.

(B) An adverse determination of medical necessity.

(C) A determination that a proposed service is experimental or investigational.

(D) A denial of coverage based on a waiver described in IC 27-8-5-2.5(e) (expired July 1, 2007, and removed) or IC 27-8-5-19.2 (expired July 1, 2007, and repealed).

(2) The insurer's decision to rescind an accident and sickness insurance policy.

As added by P.L.66-2001, SEC.3 and P.L.203-2001, SEC.14. Amended by P.L.211-2003, SEC.7; P.L.3-2008, SEC.216; P.L.160-2011, SEC.23.
Ind. Code § 27-9-3-42 — Indiana Code / Title 27 / Article 9 / Chapter 3 / Section 27-9-3-42
Payment of distributions
Status: in_force

Sec. 42. Under the direction of the Marion County circuit court, the liquidator shall pay distributions in a manner that will assure the proper recognition of priorities and a reasonable balance between the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, including third party claims. Distribution of assets in kind may be made at valuations set by agreement between the liquidator and the creditor and approved by the Marion County circuit court.

As added by Acts 1979, P.L.255, SEC.1.
Ind. Code § 27-14.5-1-11 — Indiana Code / Title 27 / Article 14.5 / Chapter 1 / Section 27-14.5-1-11
"Company"
Status: in_force

Sec. 11. "Company" means any of the following:

(1) A mutual insurance company.

(2) A mutual insurance holding company.

(3) An intermediate stock holding company.

(4) A reorganized insurer.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-1-13-3.5 — Indiana Code / Title 27 / Article 1 / Chapter 13 / Section 27-1-13-3.5
Intangible assets attributable to investment in subsidiary; amount as percentage of capital and surplus
Status: in_force

Sec. 3.5. (a) Except as provided by subsection (b), goodwill, trade names, and other like intangible assets attributable to any investment in a subsidiary shall be admitted as assets except:

(1) to the extent that the aggregate amount thereof exceeds ten percent (10%) of the capital and surplus of the insurer as reported in its latest annual report filed with the commissioner;

(2) to the extent that any such asset is not being amortized ratably over a period of ten (10) years or less from the date of acquisition; and

(3) in determining the financial condition or solvency of an insurer under IC 27-9.

(b) The commissioner may increase the ten percent (10%) limitation in subsection (a)(1) to an amount not to exceed twenty percent (20%) of the capital and surplus of the insurer as reported in its latest annual statement filed with the commissioner if:

(1) the assets of the insurer include good will, trade names, and other like intangible assets that are attributable to the acquisition after December 31, 1998, of an insurance company or health maintenance organization authorized to do business under the laws of any state; and

(2) as of the date of the initial request for an increase in the ten percent (10%) limitation in subsection (a)(1) the total adjusted capital of the insurer is at least four hundred percent (400%) of the authorized control level risk based capital of the insurer as reported in the latest annual report filed with the commissioner.

(c) The commissioner may retain experts to assist with a request made under subsection (b). The insurer shall pay all costs for the experts.

As added by P.L.160-1986, SEC.2. Amended by P.L.88-2000, SEC.1.
Ind. Code § 27-1-12-28 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-28
Repealed
Status: repealed

Formerly: Acts 1935, c.162, s.167; Acts 1953, c.228, s.2. Repealed by P.L.254-1985, SEC.7.
Ind. Code § 27-8-3-19 — Indiana Code / Title 27 / Article 8 / Chapter 3 / Section 27-8-3-19
Foreign corporations; requirements for authority to do business; revocation of authority; retaliation clause
Status: in_force

Sec. 19. Any corporation, association, or society organized under the authority of another state or government to issue, or which is engaged in the business of issuing, policies or certificates of life or accident or life and accident insurance, and for the payment of total and permanent disability claims to living members on the assessment plan, as a condition precedent to transacting business in this state, shall deposit with the insurance commissioner:

(1) a certified copy of its articles of incorporation or association;

(2) a certified copy of a vote or resolution of the board of directors of said company consenting that service of process in any suit against such company may be served upon an individual resident of Indiana, a corporate resident of Indiana, or an authorized Indiana insurer, appointed by the company as the company's agent for service of process, with like effect as if such company was chartered, organized, or incorporated in the state of Indiana, and agreeing that any process served upon such agent shall be of the same legal force and validity as if served upon said company, and agreeing that such service may be so made with such effect while any liability remains outstanding against such company in this state;

(3) a statement, under oath of its president and secretary, in the form by the commissioner required, of its business for the preceding year;

(4) a certificate, under oath of its president and secretary, that it is paying, and for the twelve (12) months then next preceding, has paid, the maximum amount named in its policies or certificates in full;

(5) a certificate from the proper authority in its home state that corporations, associations or societies of this state, engaged according to the provisions of this chapter in life or accident, or life and accident insurance, and for the payment of total and permanent disability claims to living members upon the assessment plan, are legally entitled to do business in such state;

(6) a copy of its policy or certificate, application, and bylaws, which must show that the insured's liability to contribute to the payments of benefits is not limited to the payment of a fixed periodical sum; and

(7) evidence satisfactory to the commissioner that the corporation, association, or society accumulates a fund equal in amount to that required of similar corporations, associations, or societies of this state and that such accumulation is permitted by the law of the corporation, association, or society and is for the benefit of policy or certificate-holders only, and is invested in securities authorized under the law of its incorporation or association.

The insurance commissioner shall thereupon issue or renew the authority of such corporation, association, or society to do business in this state, and such authority shall be revoked whenever the commissioner, on investigation, is satisfied that such corporation, association, or society is not paying the maximum amount named in its policies or certificates in full. Upon such revocation, the commissioner shall cause notice thereof to be published in a newspaper of general circulation, published in the city of Indianapolis, Indiana, and no new business shall be thereafter done by its agents in this state. If any such corporation, association, or society is authorized by the law under which it is incorporated to issue contracts of insurance not contemplated in this chapter, it shall nevertheless be permitted to transact in this state the character of business authorized by this chapter upon complying in all other respects with the requirements thereof and filing with the commissioner an agreement duly executed by the proper officers that such corporation, association, or society will not enter into or issue within this state any contract of insurance, policy, or agreement not authorized by this chapter. Upon a breach of such agreement by any such corporation, association, or society, the commissioner shall forthwith revoke and cancel its authority to transact business in this state. When any other state or country shall impose any obligation upon any such corporation, association, or society of this state, the like obligation shall be imposed upon similar corporations, associations, or societies and their agents of such state or country doing business in this state. If the laws of such state where such corporation, association, or society is organized will not admit corporations, associations, or societies organized in this state, or doing business under this chapter, to do business in such state, then such corporations, associations, or societies shall not be admitted to do business in this state.

Formerly: Acts 1897, c.195, s.19. As amended by P.L.252-1985, SEC.290; P.L.268-1999, SEC.19.
Ind. Code § 27-1-52-14 — Indiana Code / Title 27 / Article 1 / Chapter 52 / Section 27-1-52-14
Rules
Status: in_force

Sec. 14. The department shall adopt rules under IC 4-22-2 to carry out this chapter.

As added by P.L.88-2026, SEC.6.
Ind. Code § 27-8-32-1 — Indiana Code / Title 27 / Article 8 / Chapter 32 / Section 27-8-32-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to a policy of accident and sickness insurance that provides coverage for both of the following:

(1) Orally administered cancer chemotherapy.

(2) Cancer chemotherapy that is administered intravenously or by injection.

As added by P.L.46-2009, SEC.1.
Ind. Code § 27-7-2-13 — Indiana Code / Title 27 / Article 7 / Chapter 2 / Section 27-7-2-13
Repealed
Status: repealed

Formerly: Acts 1935, c.323, s.13a; Acts 1959, c.231, s.5; Acts 1965, c.378, s.1. As amended by P.L.252-1985, SEC.233; P.L.28-1988, SEC.93. Repealed by P.L.249-1989, SEC.19.
Ind. Code § 27-19-1-2 — Indiana Code / Title 27 / Article 19 / Chapter 1 / Section 27-19-1-2
Application to state agency
Status: in_force

Sec. 2. This article applies to a state agency with respect to the state agency's interactions with a health benefit exchange operated in Indiana.

As added by P.L.278-2013, SEC.27.
Ind. Code § 27-1-13-10 — Indiana Code / Title 27 / Article 1 / Chapter 13 / Section 27-1-13-10
Insurance rating bureaus; organizational regulations
Status: in_force

Sec. 10. Any insurance rating bureau which files any rating plan, manual, classifications, rules or rates for fire, marine or inland marine and allied risks insurance with the insurance department of the state of Indiana for its members or subscribers shall as a condition precedent to the filing of an application to act as a rating bureau in the state of Indiana, establish in its constitution or by-laws the right of domestic insurers organized and operating under the laws of the state of Indiana, who are members of such rating bureau, to have representation on the board of directors, board of governors or any other governing body whatsoever, controlling said rating bureau, in an amount of not less than thirty-three and one-third percent (33 1/3%) of all of the voting members of such governing body. The constitution and by-laws of said rating bureau shall also contain the condition that all meetings of the governing body of said rating bureau shall be held either in Chicago, Illinois or in Indianapolis, Indiana. However, this section does not limit the representation of such domestic insurers on said governing body. Indiana representatives on such governing body shall be nominated by special meeting of the Indiana members of such rating bureau at least ten (10) days preceding the election of representatives on the governing body of such rating bureau. The insurance commissioner of the state of Indiana shall have no right to approve any such rating bureau as a rating bureau in the state of Indiana until the aforesaid conditions are met by such bureau.

Formerly: Acts 1935, c.162, s.180a; Acts 1947, c.269, s.1. As amended by P.L.136-2018, SEC.161.
Ind. Code § 27-7-2-21 — Indiana Code / Title 27 / Article 7 / Chapter 2 / Section 27-7-2-21
Repealed
Status: repealed

Formerly: Acts 1935, c.323, s.21a; Acts 1959, c.231, s.8. Repealed by P.L.249-1989, SEC.19.
Ind. Code § 27-6-8-20 — Indiana Code / Title 27 / Article 6 / Chapter 8 / Section 27-6-8-20
Association cooperation with other state associations; association coordination and cooperation with receivers
Status: in_force

Sec. 20. (a) The association may join one (1) or more organizations of other state associations of similar purposes to further the purposes and administer the powers and duties of the association. The association may designate one (1) or more of these organizations to:

(1) act as a liaison for the association; and

(2) to the extent the association authorizes, bind the association in agreements or settlements with receivers of insolvent insurance companies or their designated representatives.

(b) The association, in cooperation with other obligated or potentially obligated guaranty associations or their designated representatives, shall make all reasonable efforts to coordinate and cooperate with receivers or their designated representatives in the most efficient and uniform manner, including the use of Uniform Data Standards as promulgated or approved by the National Association of Insurance Commissioners.

As added by P.L.86-2026, SEC.17.
Ind. Code § 27-1-3.5-3.1 — Indiana Code / Title 27 / Article 1 / Chapter 3.5 / Section 27-1-3.5-3.1
"Insurance holding company system"
Status: in_force

Sec. 3.1. As used in this chapter, "insurance holding company system" has the meaning set forth in IC 27-1-23-1.

As added by P.L.146-2015, SEC.5.