Ind. Code § 27-8-1-13 — Indiana Code / Title 27 / Article 8 / Chapter 1 / Section 27-8-1-13
Qualification of foreign corporation
Status: in_force

Sec. 13. Any corporation, association, or society, organized under the laws of any other state or government to insure lives on the assessment plan, or any corporation carrying on the business of life or accident insurance on the assessment plan, shall be licensed by the state comptroller, upon the payment to the state comptroller of a fee of twenty-five dollars ($25), to do business in this state. However, the corporation or association shall first deposit with the state comptroller a certified copy of its charter or articles of incorporation, a copy of its statement of business for the preceding year, with the names and residence of its officers, sworn to by the president and secretary, or like officers, showing a detailed account of expenses and income, the amount of insurance in force, its assets and liabilities in detail, and setting forth that it has the ability to pay its policies or certificates to the full limit named in the policies or certificates; a certificate from the insurance commissioner or from a judge or clerk of a court of record of its home state, certifying that corporations or associations insuring life in the assessment plan, and paying policies in full, or providing accident indemnities, and chartered under the laws of this state are legally entitled to do business in its home state; a copy of its policy or certificate of membership, application and by-laws, which must show that death losses are, in the main, provided for by assessment upon the surviving members; and it shall legally designate an individual resident of Indiana, a corporate resident of Indiana, or an authorized Indiana insurer as its agent or attorney in fact, residing in this state, upon whom service of process for said company or association may be made, and the agent or attorney in fact shall immediately notify any corporation or association thus served.

Formerly: Acts 1883, c.136, s.13. As amended by P.L.268-1999, SEC.18; P.L.136-2018, SEC.189; P.L.9-2024, SEC.486.
Ind. Code § 27-11-1-8 — Indiana Code / Title 27 / Article 11 / Chapter 1 / Section 27-11-1-8
"Lodge" defined
Status: in_force

Sec. 8. "Lodge" means a subordinate member unit of the society, whether known as a camp, court, council, branch, or by any other designation.

As added by P.L.262-1985, SEC.1.
Ind. Code § 27-1-3-10 — Indiana Code / Title 27 / Article 1 / Chapter 3 / Section 27-1-3-10
Power to revoke or suspend certificate of authority
Status: in_force

Sec. 10. The commissioner shall have power:

(1) to revoke or suspend the authority to do business in this state of any company which refuses to permit an examination under IC 27-1-3.1; and

(2) to revoke or suspend any certificate of authority when any condition prescribed by law for granting it no longer exists.

Formerly: Acts 1935, c.162, s.17. As amended by P.L.26-1991, SEC.3.
Ind. Code § 27-1-3.1-18 — Indiana Code / Title 27 / Article 1 / Chapter 3.1 / Section 27-1-3.1-18
Financial analysis ratios; written requests; examination synopses; confidentiality
Status: in_force

Sec. 18. (a) The commissioner shall provide any financial analysis ratios computed by the Insurance Regulatory Information System within five (5) business days after receiving a written request for those ratios.

(b) All examination synopses concerning insurance companies that are submitted to the department by the Insurance Regulatory Information System are confidential and may not be disclosed by the department.

As added by P.L.26-1991, SEC.5. Amended by P.L.124-2018, SEC.6.
Ind. Code § 27-15-8-1 — Indiana Code / Title 27 / Article 15 / Chapter 8 / Section 27-15-8-1
Forms of consideration
Status: in_force

Sec. 1. The consideration to be distributed to the eligible members shall be:

(1) cash;

(2) stock or other securities of the former mutual or of the parent company;

(3) additional paid up insurance or annuity benefits;

(4) any combination of the forms of consideration listed in this section; or

(5) other forms of consideration described in the plan of conversion and approved by the commissioner.

As added by P.L.94-1999, SEC.3.
Ind. Code § 27-1-9-3 — Indiana Code / Title 27 / Article 1 / Chapter 9 / Section 27-1-9-3
Procedure for merger
Status: in_force

Sec. 3. (a) Any domestic corporation may merge with any other corporation or corporations, subject to the provisions of sections 1 and 2 of this chapter, in the following manner. The board of directors of each corporation shall, by a resolution adopted by a majority vote of the members of such board, approve a joint agreement of merger setting forth:

(1) the names of the corporations proposed to merge, and the name of the corporation into which they propose to merge, which is designated in this section as the surviving corporation;

(2) the terms and conditions of the proposed merger and the mode of carrying the same into effect;

(3) the manner and basis, if any, of converting the shares of each stock corporation, other than the surviving corporation into shares or other securities or obligations of the surviving corporation, or, in whole or in part, into cash, property, shares, or other securities or obligations of any corporation;

(4) a restatement of such provisions of the articles of incorporation of the surviving corporation as may be deemed necessary or advisable to give effect to the proposed merger; and

(5) such other provisions with respect to the proposed merger as are deemed necessary or desirable.

Unless shareholder, member, or policyholder approval is not required by subsection (i), the resolution of the board of directors of each corporation approving the agreement shall direct that the agreement be submitted to a vote of the shareholders, members, or policyholders of such corporation entitled to vote in respect thereof at a designated meeting thereof, which may be an annual meeting of shareholders, members, or policyholders, or a special meeting of the shareholders, members, or policyholders entitled to vote in respect thereof. If the designated meeting of any corporation at which the agreement is to be submitted is an annual meeting, notice of the submission of the agreement shall be included in the notice of such annual meeting. If the designated meeting of any corporation at which the agreement is to be submitted is a special meeting of the shareholders, members, or policyholders entitled to vote in respect thereof, such special meeting shall be called by the resolution designating the meeting, and notice of such meeting shall be given at the time and in the manner provided in IC 27-1-7-7.

(b) Unless shareholder, member, or policyholder approval is not required by subsection (i), the agreement of merger so approved shall be submitted to a vote of the shareholders, members, or policyholders of each corporation entitled to vote in respect thereof at the meeting directed by the resolution of the board of directors of such corporation approving the agreement, and the agreement shall be adopted by such corporation upon receiving the affirmative vote of such proportion of the shareholders, members, or policyholders as provided in section 8 of this chapter.

(c) Unless shareholder, member, or policyholder approval is not required by subsection (i), within five (5) days after the agreement of merger shall be adopted by any corporation, the secretary of such corporation shall mail or deliver a written or printed notice of the adoption of the agreement to each shareholder, member, or policyholder of record of such corporation who was not present in person or represented by proxy at the meeting at which the agreement was adopted. And the corporation shall file an affidavit with the department, signed by the president and secretary of such corporation, that such notice was given.

(d) Unless shareholder, member, or policyholder approval is not required by subsection (i), any shareholder, member, or policyholder of any such corporation who did not vote in favor of the adoption of the agreement of merger may object to such merger in the manner and with the effect provided in sections 9 and 10 of this chapter.

(e) Unless shareholder, member, or policyholder approval is not required by subsection (i), as soon as practicable after the expiration of a period of thirty (30) days after the adoption of the agreement of merger by the shareholders, members, or policyholders of that one (1) of the merging corporations which is the last, in point of time, to adopt the same, the agreement shall again be considered by the board of directors of each corporation a party thereto, at a regular or special meeting of such board, and if the board of directors of each such corporation, by a majority vote of the members of such board, shall again approve the agreement and shall authorize the execution thereof, the agreement shall be signed on behalf of each such corporation by its president or a vice president and its secretary or an assistant secretary and shall have the corporate seal of each such corporation thereto affixed.

(f) Upon the execution of the agreement of merger by all of the corporations parties thereto, there shall be executed and filed, in the manner provided in this section, articles of merger setting forth the agreement of merger, the signatures of the several corporations parties thereto, the manner of its adoption, and the vote, if any, by which adopted by each of such corporations. The articles of merger shall be signed on behalf of each such corporation by its president or a vice president and its secretary or an assistant secretary, and acknowledged before a notary public by the officers signing the same, in such multiple copies as shall be required to enable the corporations to comply with the provisions of this chapter with respect to filing and recording the articles of merger, and shall then be presented to the department at its office. The department is hereby authorized to approve or disapprove the articles of merger. In the event that the department shall approve the articles of merger, it shall endorse its approval thereon in the manner provided in IC 27-1-6-8, and it shall present the same to the secretary of state of the state of Indiana at his office.

(g) Upon the presentation of the articles of merger, the secretary of state, if he finds that they conform to law, shall endorse his approval on each of the multiple copies of the articles and, when all fees have been paid as required by law, shall file one (1) copy of the articles of merger in his office and issue a certificate of merger and shall return the remaining copies of the articles bearing the endorsement of his approval, together with the certificate of merger, to the surviving corporation or its representatives.

(h) The surviving corporation shall obtain a certified copy of the certificate of merger from the secretary of state and file the same with the department, accompanied by a copy of the articles of merger bearing the endorsement and approval of the secretary of state.

(i) If a domestic corporation is the surviving corporation, action by the shareholders, members, or policyholders is not required if the articles of incorporation of the surviving corporation will not differ (except for amendments enumerated in IC 27-1-8-3(b)) from its articles before the merger and:

(1) if the corporation is a stock corporation:

(A) each shareholder of the surviving corporation whose shares were outstanding immediately before the merger will hold the same proportionate number of shares relative to the number of shares held by all shareholders (except for shares of the surviving corporation received solely as a result of the shareholder's proportionate shareholdings in the other corporations participating in the merger) with identical designations, preferences, limitations, and relative rights, immediately after the merger;

(B) the number of voting shares outstanding immediately after the merger, including the number of voting shares issuable as a result of the merger (either by the conversion of securities issued under the merger or the exercise of rights and warrants issued under the merger), will not exceed by more than twenty percent (20%) the total number of voting shares (adjusted to reflect any forward or reverse share split that occurs under the plan of merger) of the surviving corporation outstanding immediately before the merger; and

(C) the number of participating shares outstanding immediately after the merger, including the number of participating shares issuable as a result of the merger (either by conversion of securities issued under the merger or the exercise of rights and warrants issued under the merger), will not exceed by more than twenty percent (20%) the total number of participating shares (adjusted to reflect any forward or reverse share split that occurs under a plan of merger) outstanding immediately before the merger; or

(2) if the surviving corporation is an insurance company other than a stock corporation:

(A) each member or policyholder of the surviving corporation will retain the same contractual and other rights to which the member or policyholder was entitled before the merger; and

(B) the number of votes of voting members immediately after the merger, including the number of votes of voting members added as a result of the merger, will not exceed by more than twenty percent (20%) the total number of votes of voting members of the surviving corporation immediately before the merger.

Formerly: Acts 1935, c.162, s.116; Acts 1973, P.L.272, SEC.1. As amended by P.L.252-1985, SEC.41; P.L.185-1997, SEC.5.
Ind. Code § 27-1-3.5-8 — Indiana Code / Title 27 / Article 1 / Chapter 3.5 / Section 27-1-3.5-8
Independent auditor
Status: in_force

Sec. 8. (a) A domestic insurer that is required by this chapter to file annual audited financial reports shall, not more than sixty (60) days after becoming subject to the requirement, register in writing with the commissioner the name and address of the independent auditor retained by the insurer to conduct the annual audits required by this chapter. The domestic insurer shall continuously ensure that the information provided to the commissioner under this section is accurate, and shall inform the commissioner in writing of any change in the identity or address of its independent auditor.

(b) A domestic insurer shall obtain a letter from its independent auditor that:

(1) states that the independent auditor is aware of the provisions of IC 27 and the administrative rules of the department of insurance that relate to auditing, accounting, and financial matters; and

(2) affirms that the independent auditor will express its opinion on the financial statements of the domestic insurer in the terms of their conformity to the statutory accounting practices prescribed or otherwise permitted by the department, specifying such exceptions as the independent auditor may believe appropriate.

The domestic insurer shall file a copy of this letter with the commissioner.

(c) If an independent auditor that audited the most recent financial report filed by the insurer with the commissioner under this chapter subsequently ceases to be the independent auditor for the insurer, the insurer shall:

(1) not more than five (5) business days after the cessation of the independent auditor's services, notify the commissioner in writing of the identity and address of the new independent auditor;

(2) not more than ten (10) business days after the notification given in subdivision (1), furnish the commissioner with a separate letter that states whether in the twenty-four (24) months preceding the engagement of the new independent auditor there were any disagreements between the insurer and its former independent auditor on any matter of accounting principles or practices, financial statement disclosure, or auditing scope or procedure, which, if not resolved to the satisfaction of the former independent auditor, would have caused the former independent auditor to make reference to the subject matter of the disagreement in the former independent auditor's statement of its opinion on the insurer's financial report, and, if there was such a disagreement, provides a description of the disagreement. Disagreements required to be reported under this subdivision include those at the decision making level that were resolved:

(A) to the former accountant's satisfaction; and

(B) not to the former accountant's satisfaction; and

(3) comply with subsection (d).

For the purposes of this subsection, "decision making level" refers to the personnel of the insurer who are responsible for the presentation of the insurer's financial statements and the personnel of the independent auditor who are responsible for rendering the opinion of the auditor on the insurer's financial report.

(d) A domestic insurer subject to the provisions of subsection (c) shall:

(1) provide its former independent auditor with a copy of the letter furnished to the commissioner under subsection (c)(2); and

(2) request in writing its former independent auditor to furnish a letter addressed to the insurer stating whether the former independent auditor agrees with the statements contained in the letter furnished to the commissioner under subsection (c)(2) and, if not, stating the reasons for the former independent auditor's disagreement.

The domestic insurer shall furnish the commissioner with a copy of any responsive letter it receives from its former independent auditor within five (5) business days after the insurer receives the letter.

As added by P.L.244-1989, SEC.2. Amended by P.L.251-1995, SEC.8.
Ind. Code § 27-1-21-1 — Indiana Code / Title 27 / Article 1 / Chapter 21 / Section 27-1-21-1
Treatment of prior investments
Status: in_force

Sec. 1. IC 27-1-12-2, IC 27-1-12-3, IC 27-1-12-11, and IC 27-1-20-8 in their operation shall be subject to the following limitations and reservations:

(a) The validity for deposit and investment purposes of investments made before March 6, 1945, pursuant to the deposit investment requirements of s.147, s.148, s.149, or s.155 of Acts 1935, c.162 or which qualified for deposit under any of those sections prior to March 6, 1945, shall not be affected by the amendments made by Acts 1945, c.175.

(b) Investments made before March 6, 1945, not pursuant to the deposit investment requirements of s.147, s.148, s.149, or s.155 of Acts 1935, c.162 which did not qualify for deposit under any of these sections prior to March 6, 1945, shall be considered within the embrace of investments made under paragraph 20 of IC 27-1-12-2(b) and shall be subject to all the provisions applicable thereto.

(c) Investments described in subdivision (b) and those made pursuant to paragraph 20 of IC 27-1-12-2(b) may, provided the life insurance company so elects in a writing filed with the department, be transferred to any other appropriate paragraph of IC 27-1-12-2(b) under which they would have qualified if purchased at the date of such transfer.

Formerly: Acts 1945, c.175, s.6. As amended by P.L.252-1985, SEC.103; P.L.186-1997, SEC.8.
Ind. Code § 27-13-6-5 — Indiana Code / Title 27 / Article 13 / Chapter 6 / Section 27-13-6-5
Written plans for correcting insufficient service
Status: in_force

Sec. 5. The quality management program required by section 2 of this chapter must contain written plans for taking appropriate corrective action whenever the quality management program determines that:

(1) inappropriate or substandard services have been provided; or

(2) services that should have been provided were not provided.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-5.1-1-11 — Indiana Code / Title 27 / Article 5.1 / Chapter 1 / Section 27-5.1-1-11
"Policyholder"
Status: in_force

Sec. 11. "Policyholder" means a person who is insured by a farm mutual insurance company.

As added by P.L.129-2003, SEC.8.
Ind. Code § 27-8-17-4 — Indiana Code / Title 27 / Article 8 / Chapter 17 / Section 27-8-17-4
"Health maintenance organization" defined
Status: in_force

Sec. 4. As used in this chapter, "health maintenance organization" has the meaning set forth in IC 27-13-1-19.

As added by P.L.128-1992, SEC.1. Amended by P.L.26-1994, SEC.18.
Ind. Code § 27-1-15.6-16 — Indiana Code / Title 27 / Article 1 / Chapter 15.6 / Section 27-1-15.6-16
Nonresident license applicant with license from other state
Status: in_force

Sec. 16. (a) The commissioner shall waive any requirements, except the requirements imposed by section 8 of this chapter, for a nonresident license applicant with a valid license from the applicant's home state if the applicant's home state awards nonresident licenses to residents of Indiana on the same basis.

(b) A nonresident producer's satisfaction of the nonresident producer's home state's continuing education requirements for licensed insurance producers also satisfies Indiana's continuing education requirements if the non-resident producer's home state recognizes the satisfaction of the non-resident producer's home state's continuing education requirements imposed upon producers from Indiana on the same basis.

As added by P.L.132-2001, SEC.3.
Ind. Code § 27-8-17-11 — Indiana Code / Title 27 / Article 8 / Chapter 17 / Section 27-8-17-11
Minimum utilization review agent requirements
Status: in_force

Sec. 11. A utilization review agent must satisfy the following minimum requirements:

(1) Provide toll free telephone access at least forty (40) hours each week during normal business hours.

(2) Maintain a telephone call recording system capable of accepting or recording incoming telephone calls or providing instructions during hours other than normal business hours.

(3) Respond to each telephone call left on the recording system maintained under subdivision (2) within two (2) business days after receiving the call.

(4) Protect the confidentiality of the medical records of covered individuals.

(5) Within two (2) business days after receiving a request for a utilization review determination that includes all information necessary to complete the utilization review determination, notify the enrollee or the provider of record of the utilization review determination by mail or another means of communication.

(6) Include in the notification of a utilization review determination not to certify an admission, a service, or a procedure:

(A) if the determination not to certify is based on medical necessity or appropriateness of the admission, service, or procedure, the principal reason for that determination; and

(B) the procedures to initiate an appeal of the determination.

(7) Ensure that every utilization review determination as to the necessity or appropriateness of an admission, a service, or a procedure is:

(A) reviewed by a physician; or

(B) determined in accordance with standards or guidelines approved by a physician.

(8) Ensure that every physician making a utilization review determination for the utilization review agent has a current license issued by a state licensing agency in the United States.

(9) Provide a period of at least forty-eight (48) hours following an emergency admission, service, or procedure during which:

(A) an enrollee; or

(B) the representative of an enrollee;

may notify the utilization review agent and request certification or continuing treatment for the condition involved in the admission, service, or procedure.

(10) Provide an appeals procedure satisfying the requirements set forth in section 12 of this chapter.

(11) Develop a utilization review plan and file a summary of the plan with the department.

As added by P.L.128-1992, SEC.1.
Ind. Code § 27-13-13-6 — Indiana Code / Title 27 / Article 13 / Chapter 13 / Section 27-13-13-6
Reduction or elimination of deposit requirements for foreign corporations
Status: in_force

Sec. 6. The commissioner may reduce or eliminate the requirement of a deposit under this chapter for a health maintenance organization that is a foreign corporation as defined in IC 27-1-2-3 if:

(1) the organization makes a deposit that meets the requirements of section 1 of this chapter with the treasurer of state, insurance commissioner, or other official body of the state or jurisdiction in which the organization is domiciled for the protection of all subscribers and enrollees of the health maintenance organization; and

(2) the organization delivers to the commissioner a certificate, duly authenticated by the appropriate state official holding the deposit, that the requirements of this section have been met.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-1-22-1 — Indiana Code / Title 27 / Article 1 / Chapter 22 / Section 27-1-22-1
Purpose
Status: in_force

Sec. 1. The purpose of this chapter is to promote the public welfare by empowering the commissioner of insurance to regulate insurance rates to the end that they shall not be excessive, inadequate, or unfairly discriminatory, and to encourage reasonable competition among insurance companies (referred to in this chapter as insurers) and to permit and regulate, but not require, cooperative action among insurers as to rates, rating systems, rating plans and practices, and other matters within the scope of this chapter. This chapter shall be liberally interpreted to carry into effect the provisions of this section.

Formerly: Acts 1967, c.133, s.1. As amended by P.L.252-1985, SEC.104.
Ind. Code § 27-13-1-11.7 — Indiana Code / Title 27 / Article 13 / Chapter 1 / Section 27-13-1-11.7
"Emergency"
Status: in_force

Sec. 11.7. "Emergency" means a medical condition that arises suddenly and unexpectedly and manifests itself by acute symptoms of such severity, including severe pain, that the absence of immediate medical attention could reasonably be expected by a prudent lay person who possesses an average knowledge of health and medicine to:

(1) place an individual's health in serious jeopardy;

(2) result in serious impairment to the individual's bodily functions; or

(3) result in serious dysfunction of a bodily organ or part of the individual.

As added by P.L.69-1998, SEC.2.
Ind. Code § 27-1-12-44 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-44
Stranger originated life insurance allegation; lack of insurable interest
Status: in_force

Sec. 44. (a) This section applies to a life insurance policy that is issued after June 30, 2008.

(b) Notwithstanding any other law, an insurer shall not, after a life insurance policy has been in force for two (2) years after the life insurance policy's date of issue, allege that the life insurance policy was issued in connection with stranger originated life insurance (as defined in IC 27-8-19.8-7.8) as a basis to deny payment of the proceeds of the life insurance policy. However, an insurer may seek to void a life insurance policy at any time for lack of insurable interest at the time the life insurance policy was issued.

As added by P.L.112-2008, SEC.1.
Ind. Code § 27-1-13-9 — Indiana Code / Title 27 / Article 1 / Chapter 13 / Section 27-1-13-9
Trading or dealing in commodities, goods, wares, and merchandise
Status: in_force

Sec. 9. No company shall directly or indirectly deal or trade in buying or selling goods, wares, merchandise or other commodities, except such as may have been insured by it and such as may be sold under judicial process or otherwise, in which, or in the profits of the sale of which, it may be interested by reason of having previously become insurers of the same or of some share or portion thereof.

Formerly: Acts 1935, c.162, s.180.
Ind. Code § 27-1-3.5-3.6 — Indiana Code / Title 27 / Article 1 / Chapter 3.5 / Section 27-1-3.5-3.6
"Section 404 report"
Status: in_force

Sec. 3.6. As used in this chapter, "Section 404 report" means a domestic insurer's or group of insurers' management's report on internal control over financial reporting (as defined by the federal Securities and Exchange Commission) and the related attestation report of an independent auditor.

As added by P.L.146-2015, SEC.10.
Ind. Code § 27-1-12.7-7 — Indiana Code / Title 27 / Article 1 / Chapter 12.7 / Section 27-1-12.7-7
Guaranteed or credited amounts under funding agreements
Status: in_force

Sec. 7. An amount may not be guaranteed or credited under a funding agreement except:

(1) upon reasonable assumptions as to investment income and expenses; and

(2) on a basis equitable to all holders of funding agreements of a given class.

As added by P.L.178-2003, SEC.18.
Ind. Code § 27-13-33-1 — Indiana Code / Title 27 / Article 13 / Chapter 33 / Section 27-13-33-1
Coordination of benefits provision; purpose
Status: in_force

Sec. 1. Health maintenance organizations may adopt a coordination of benefits provision to:

(1) avoid overinsurance; and

(2) provide for the orderly payment of a claim when a person is covered by two (2) or more group health insurance or health care plans.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-13-13-8 — Indiana Code / Title 27 / Article 13 / Chapter 13 / Section 27-13-13-8
Additional financial requirements
Status: in_force

Sec. 8. (a) In addition to meeting all other financial requirements imposed by IC 27-13-12 and this chapter, a health maintenance organization that offers a point of service product shall maintain either of the following:

(1) A reinsurance agreement, which must be satisfactory to the commissioner, that cedes one hundred percent (100%) of the liability for out-of-plan services.

(2) A ratio of the revenues of the health maintenance organization from the point of service product to the net worth of the organization of not more than three (3) to one (1).

(b) The reinsurance to which subsection (a)(1) refers may be used to:

(1) directly make payments for out-of-plan services; or

(2) reinsure coverage for out-of-plan services.

(c) To achieve the ratio referred to in subsection (a)(2), a health maintenance organization may use reinsurance to cede part or all of the liability for out-of-plan services.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-1-34-1.5 — Indiana Code / Title 27 / Article 1 / Chapter 34 / Section 27-1-34-1.5
Interlocal cooperation agreements
Status: in_force

Sec. 1.5. A multiple employer welfare arrangement may be established through an interlocal cooperation agreement under IC 36-1-7.

As added by P.L.130-2020, SEC.9.
Ind. Code § 27-9-3-3 — Indiana Code / Title 27 / Article 9 / Chapter 3 / Section 27-9-3-3
Rehabilitator; personnel; term; compensation; powers; plan
Status: in_force

Sec. 3. (a) The commissioner, as rehabilitator, may appoint one (1) or more special deputies, who shall have all the powers and responsibilities of the rehabilitator granted under this section. Also, the commissioner may employ such counsel, clerks, and assistants as he considers necessary.

(b) With the approval of the court, the compensation of the special deputy, counsel, clerks, and assistants and all expenses of taking possession of the insurer and of conducting the proceedings shall be:

(1) fixed by the commissioner; and

(2) paid out of the funds or assets of the insurer.

(c) The persons appointed under this section shall serve at the pleasure of the commissioner.

(d) In the event that the property of the insurer does not contain sufficient cash or liquid assets to defray the costs incurred, the commissioner may advance the costs so incurred out of any appropriation for the maintenance of the insurance department. Any amounts so advanced for expenses of administration shall be repaid to the commissioner for the use of the insurance department out of the first available money of the insurer.

(e) The rehabilitator may take such action as he considers necessary or appropriate to reform and revitalize the insurer. The commissioner:

(1) has all the powers of the directors, officers, and managers, whose authority shall be suspended, except as they are redelegated by the rehabilitator;

(2) may direct, manage, hire, and discharge employees subject to any contract rights they may have; and

(3) may deal with the property and business of the insurer.

(f) The rehabilitator may prosecute any action that exists in behalf of the creditors, members, policyholders, or shareholders of the insurer against any director or officer of the insurer or any other person or entity.

(g) The rehabilitator may pursue insurance proceeds for the negligent, reckless, or fraudulent actions or omissions of the officers and directors of the insurer. An act or omission of an officer or director of the insurer during the eighteen (18) months immediately preceding the date on which an order of rehabilitation is entered may not be used to avoid coverage or other duties under a policy of insurance covering directors' and officers' liability.

(h) If the rehabilitator determines that reorganization, consolidation, conversion, reinsurance, merger, or other transformation of the insurer is appropriate, he shall prepare a plan to effect those changes.

(i) Upon application of the rehabilitator for approval of the plan, and after such notice and hearings as the Marion County circuit court may prescribe, the court may either approve or disapprove the plan proposed, or may modify it and approve it as modified. Any plan approved under this section must be, in the judgment of the court, fair and equitable to all parties concerned. If the plan is approved, the rehabilitator shall carry out the plan.

(j) In the case of the life insurer, the plan proposed may include the imposition of liens upon the policies of company, if all rights of shareholders are first relinquished. A plan for a life insurer may also propose imposition of a moratorium upon loan and cash surrender rights under policies, for such period and to such an extent as may be necessary.

As added by Acts 1979, P.L.255, SEC.1. Amended by P.L.167-1986, SEC.3; P.L.72-2016, SEC.23.
Ind. Code § 27-9-3-0.1 — Indiana Code / Title 27 / Article 9 / Chapter 3 / Section 27-9-3-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The amendments made to section 40 of this chapter by P.L.185-1996 apply to and govern the priority of the distribution of assets in any proceeding to liquidate an insurer pending on, commenced on, or commenced after March 21, 1996.

As added by P.L.220-2011, SEC.454.
Ind. Code § 27-1-15.7-5 — Indiana Code / Title 27 / Article 1 / Chapter 15.7 / Section 27-1-15.7-5-b
Certified prelicensing courses of study
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. 5. (a) To qualify as a certified prelicensing course of study for purposes of IC 27-1-15.6-6, an insurance producer program of study must meet all of the following criteria:

(1) Be conducted or developed by an:

(A) insurance trade association;

(B) accredited college or university;

(C) educational organization certified by the commissioner; or

(D) insurance company licensed to do business in Indiana.

(2) Provide for self-study or instruction provided by an approved instructor in a structured setting, as follows:

(A) For life insurance producers, not less than twenty (20) hours of instruction in a structured setting or comparable self-study on:

(i) ethical practices in the marketing and selling of insurance;

(ii) requirements of the insurance laws and administrative rules of Indiana; and

(iii) principles of life insurance.

(B) For health insurance producers, not less than twenty (20) hours of instruction in a structured setting or comparable self-study on:

(i) ethical practices in the marketing and selling of insurance;

(ii) requirements of the insurance laws and administrative rules of Indiana; and

(iii) principles of health insurance.

(C) For life and health insurance producers, not less than forty (40) hours of instruction in a structured setting or comparable self-study on:

(i) ethical practices in the marketing and selling of insurance;

(ii) requirements of the insurance laws and administrative rules of Indiana;

(iii) principles of life insurance; and

(iv) principles of health insurance.

(D) For property and casualty insurance producers, not less than forty (40) hours of instruction in a structured setting or comparable self-study on:

(i) ethical practices in the marketing and selling of insurance;

(ii) requirements of the insurance laws and administrative rules of Indiana;

(iii) principles of property insurance; and

(iv) principles of liability insurance.

(E) For personal lines producers, a minimum of twenty (20) hours of instruction in a structured setting or comparable self-study on:

(i) ethical practices in the marketing and selling of insurance;

(ii) requirements of the insurance laws and administrative rules of Indiana; and

(iii) principles of property and liability insurance applicable to coverages sold to individuals and families for primarily noncommercial purposes.

(F) For title insurance producers, not less than ten (10) hours of instruction in a structured setting or comparable self-study on:

(i) ethical practices in the marketing and selling of title insurance;

(ii) requirements of the insurance laws and administrative rules of Indiana;

(iii) principles of title insurance, including underwriting and escrow issues; and

(iv) principles of the federal Real Estate Settlement Procedures Act (12 U.S.C. 2608).

(G) For annuity product producers, not less than four (4) hours of instruction in a structured setting or comparable self-study on:

(i) types and classifications of annuities;

(ii) identification of the parties to an annuity;

(iii) the manner in which fixed, variable, and indexed annuity contract provisions affect consumers;

(iv) income taxation of qualified and non-qualified annuities;

(v) primary uses of annuities; and

(vi) appropriate sales practices, replacement, and disclosure requirements.

(3) Instruction provided in a structured setting must be provided only by individuals who meet the qualifications established by the commissioner under subsection (b).

(b) The commissioner shall adopt rules under IC 4-22-2 prescribing the criteria that a person must meet to render instruction in a certified prelicensing course of study.

(c) The commissioner shall adopt rules under IC 4-22-2 prescribing the subject matter that an insurance producer program of study must cover to qualify for certification as a certified prelicensing course of study under this section.

(d) The commissioner may make recommendations that the commissioner considers necessary for improvements in course materials.

(e) The commissioner shall designate a program of study that meets the requirements of this section as a certified prelicensing course of study for purposes of IC 27-1-15.6-6.

(f) For each person that provides one (1) or more certified prelicensing courses of study, the commissioner shall annually determine, of all individuals who received classroom instruction in the certified prelicensing courses of study provided by the person, the percentage who passed the examination required by IC 27-1-15.6-5. The commissioner shall determine only one (1) passing percentage under this subsection for all lines of insurance described in IC 27-1-15.6-7(a) for which the person provides classroom instruction in certified prelicensing courses of study.

(g) The commissioner may, after notice and opportunity for a hearing, do the following:

(1) Withdraw the certification of a course of study that does not maintain reasonable standards, as determined by the commissioner for the protection of the public.

(2) Disqualify a person that is currently qualified under subsection (b) to render instruction in a certified prelicensing course of study from rendering the instruction if the passing percentage calculated under subsection (f) is less than forty-five percent (45%).

(h) Current course materials for a prelicensing course of study that is certified under this section must be submitted to the commissioner upon request, but not less frequently than once every three (3) years.

As added by P.L.132-2001, SEC.4. Amended by P.L.64-2004, SEC.26; P.L.11-2011, SEC.14; P.L.115-2011, SEC.9; P.L.81-2012, SEC.6; P.L.158-2024, SEC.2; P.L.152-2026, SEC.448.
Ind. Code § 27-7-12-2 — Indiana Code / Title 27 / Article 7 / Chapter 12 / Section 27-7-12-2
Definitions
Status: in_force

Sec. 2. (a) As used in this chapter, "aerial image" means an image of a named insured's property captured from an airborne platform.

(b) As used in this chapter, "cancellation" refers to a termination of property insurance coverage that occurs during the policy term.

(c) As used in this chapter, "nonpayment of premium" means the failure of the named insured to discharge any obligation in connection with the payment of premiums on policies of insurance subject to this chapter, regardless of whether the payments are directly payable to the insurer or its agent or indirectly payable under a premium finance plan or extension of credit. The term includes the failure to pay dues or fees where payment of the dues or fees is a prerequisite to obtaining or continuing property insurance coverage.

(d) As used in this chapter, "nonrenewal" or "nonrenewed" refers to a termination of property insurance coverage that occurs at the end of the policy term.

(e) As used in this chapter, "renewal" or "to renew" refers to:

(1) the issuance and delivery by an insurer at the end of a policy period of a policy superseding a policy previously issued and delivered by the same insurer; or

(2) the issuance and delivery of a certificate or notice extending the term of an existing policy beyond its policy period or term.

(f) As used in this chapter, "termination" means a cancellation or nonrenewal. The term does not include:

(1) the requirement of a reasonable deductible;

(2) reasonable changes in the amount of insurance; or

(3) reasonable reductions in policy limits or coverage;

if the requirements or changes are directly related to the hazard involved and are made on the renewal date for the policy. The term does not include a transfer of a policy to another insurer.

As added by P.L.203-2001, SEC.10. Amended by P.L.86-2026, SEC.22.
Ind. Code § 27-8-2-2 — Indiana Code / Title 27 / Article 8 / Chapter 2 / Section 27-8-2-2
Failure to pay amount specified; proceedings to close business
Status: in_force

Sec. 2. Failure to pay the amount, whether in friendly settlement or by judgment of court, within thirty (30) days of its adjudication, shall constitute a forfeiture of the right of the delinquent corporation to further continue in business in this state, in the case of an insurance corporation of another state, and in the case of an insurance corporation of this state, it shall be the duty of the insurance commissioner to report the facts to the attorney general, who shall immediately bring suit to close up the business of the delinquent corporation. Nothing in this chapter shall be construed as affecting any organization doing business under IC 27-11.

Formerly: Acts 1901, c.214, s.2. As amended by P.L.252-1985, SEC.274; P.L.3-1990, SEC.98.
Ind. Code § 27-1-27-15 — Indiana Code / Title 27 / Article 1 / Chapter 27 / Section 27-1-27-15
Prohibited contract provisions
Status: in_force

Sec. 15. A contract between a public adjuster and an insured may not contain any of the following:

(1) If the public adjuster is to receive as compensation a percentage of the total amount paid by the insurer to resolve the insured's claim, a contract term that would:

(A) allow the public adjuster to collect a fee when the insurer has not yet paid any of the money that is due from the insurer; or

(B) allow the public adjuster to collect the public adjuster's entire compensation from the first payment by the insurer if the insurer will pay the total amount to resolve the insured's claim in two (2) or more payments.

(2) A contract term that would require the insured to authorize an insurer to issue a check only in the name of the public adjuster.

(3) A contract term that would preclude the public adjuster or the insured from pursuing civil remedies.

(4) A contract term that would preclude the public adjuster's liability to the insured for the public adjuster's negligence.

(5) A contract term that would allow the public adjuster to perform the role of roofing contractor, appraiser, or any role other than that of rendering advice or assistance to the insured in the adjustment of a claim.

(6) A contract term that would give the public adjuster power of attorney to act in the place of and instead of the insured.

As added by P.L.226-2023, SEC.10. Amended by P.L.9-2024, SEC.478.
Ind. Code § 27-1-44.6-5 — Indiana Code / Title 27 / Article 1 / Chapter 44.6 / Section 27-1-44.6-5
Establishment of all payer claims data base advisory board
Status: in_force

Sec. 5. The all payer claims data base advisory board is established to:

(1) provide executive director candidate recommendations to the department for consideration. A candidate may only be considered if the candidate:

(A) has subject matter expertise in setting up an all payer claims data base; and

(B) is not affiliated with the administrator;

(2) advise the executive director and administrator in the administration of the all payer claims data base under IC 27-1-44.5; and

(3) ensure the integrity, security, and privacy of the all payer claims data base's operations.

As added by P.L.195-2021, SEC.12.
Ind. Code § 27-8-5-15.8 — Indiana Code / Title 27 / Article 8 / Chapter 5 / Section 27-8-5-15.8
"Treatment of a mental illness or substance abuse"; "act"; "nonquantitative treatment limitations"; insurer reporting and analysis requirements
Status: in_force

Sec. 15.8. (a) As used in this section, "treatment of a mental illness or substance abuse" means:

(1) treatment for a mental illness, as defined in IC 12-7-2.1-226(1); and

(2) treatment for drug abuse or alcohol abuse.

(b) As used in this section, "act" refers to the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Act of 2008 and any amendments thereto, plus any federal guidance or regulations relevant to that act, including 45 CFR 146.136, 45 CFR 147.136, 45 CFR 147.160, and 45 CFR 156.115(a)(3).

(c) As used in this section, "nonquantitative treatment limitations" refers to those limitations described in 26 CFR 54.9812-1, 29 CFR 2590.712, and 45 CFR 146.136.

(d) An insurer that issues a policy of accident and sickness insurance that provides coverage of services for treatment of a mental illness or substance abuse shall submit a report to the department not later than December 31 of each year that contains the following information:

(1) A description of the processes:

(A) used to develop or select the medical necessity criteria for coverage of services for treatment of a mental illness or substance abuse; and

(B) used to develop or select the medical necessity criteria for coverage of services for treatment of other medical or surgical conditions.

(2) Identification of all nonquantitative treatment limitations that are applied to:

(A) coverage of services for treatment of a mental illness or substance abuse; and

(B) coverage of services for treatment of other medical or surgical conditions;

within each classification of benefits.

(e) There may be no separate nonquantitative treatment limitations that apply to coverage of services for treatment of a mental illness or substance abuse that do not apply to coverage of services for treatment of other medical or surgical conditions within any classification of benefits.

(f) An insurer that issues a policy of accident and sickness insurance that provides coverage of services for treatment of a mental illness or substance abuse shall also submit an analysis showing the insurer's compliance with this section and the act to the department not later than December 31 of each year. The analysis must do the following:

(1) Identify the factors used to determine that a nonquantitative treatment limitation will apply to a benefit, including factors that were considered but rejected.

(2) Identify and define the specific evidentiary standards used to define the factors and any other evidence relied upon in designing each nonquantitative treatment limitation.

(3) Provide the comparative analyses, including the results of the analyses, performed to determine the following:

(A) That the processes and strategies used to design each nonquantitative treatment limitation for coverage of services for treatment of a mental illness or substance abuse are comparable to, and applied no more stringently than, the processes and strategies used to design each nonquantitative treatment limitation for coverage of services for treatment of other medical or surgical conditions.

(B) That the processes and strategies used to apply each nonquantitative treatment limitation for treatment of a mental illness or substance abuse are comparable to, and applied no more stringently than, the processes and strategies used to apply each nonquantitative limitation for treatment of other medical or surgical conditions.

(g) The department shall adopt rules to ensure compliance with this section and the applicable provisions of the act.

As added by P.L.103-2020, SEC.4. Amended by P.L.145-2026, SEC.148.
Ind. Code § 27-19-4-10 — Indiana Code / Title 27 / Article 19 / Chapter 4 / Section 27-19-4-10
Content of certification or registration; change of information
Status: in_force

Sec. 10. (a) A certification or registration under this chapter must contain the navigator's or application organization's name and address, the date of issuance, the expiration date, and any other information the commissioner considers necessary.

(b) A navigator or an application organization shall inform the commissioner of a change of address or legal name:

(1) not more than thirty (30) days after the change occurs; and

(2) by any means acceptable to the commissioner.

As added by P.L.278-2013, SEC.27.
Ind. Code § 27-1-40-1 — Indiana Code / Title 27 / Article 1 / Chapter 40 / Section 27-1-40-1
"Trusteed surplus"
Status: in_force

Sec. 1. As used in this chapter, "trusteed surplus" means the aggregate value of a United States branch's:

(1) surplus and reserve funds required under IC 27-1-6; and

(2) trust assets described in section 4 of this chapter;

plus investment income accrued on the items described in subdivisions (1) and (2) if the investment income is collected by the state for the trustees, less the aggregate net amount of all of the United States branch's reserves and other liabilities in the United States, as determined under section 6 of this chapter.

As added by P.L.173-2007, SEC.20. Amended by P.L.3-2008, SEC.210.
Ind. Code § 27-8-14.3-4 — Indiana Code / Title 27 / Article 8 / Chapter 14.3 / Section 27-8-14.3-4
"Biomarker testing"
Status: in_force

Sec. 4. (a) As used in this chapter, "biomarker testing" means the analysis of a patient's tissue, blood, or other biospecimen for the presence of a biomarker.

(b) The term includes:

(1) single-analyte tests;

(2) multiplex panel tests;

(3) protein expression; and

(4) whole exome, whole genome, and whole transcriptome sequencing.

As added by P.L.37-2024, SEC.2.
Ind. Code § 27-1-13-14 — Indiana Code / Title 27 / Article 1 / Chapter 13 / Section 27-1-13-14
Casualty and liability insurance; qualified public transportation agency; group coverage for functions
Status: in_force

Sec. 14. (a) As used in this section:

"Casualty and liability insurance" means insurance included in Class II and Class III of IC 27-1-5-1.

"Qualified public transportation agency" means any of the following:

(1) A public transportation corporation established under IC 36-9-4.

(2) An agency of a city that provides for public transportation.

(3) An agency of a town that provides for public transportation.

(4) An agency of a township that provides for public transportation.

(5) Any person who provides public transportation to a county under an agreement with the county.

(b) A company authorized to issue casualty and liability insurance policies in Indiana may sell group casualty and liability insurance to two (2) or more qualified public transportation agencies only for the purpose of insuring their public transportation functions.

As added by P.L.256-1983, SEC.1.
Ind. Code § 27-7-9-7 — Indiana Code / Title 27 / Article 7 / Chapter 9 / Section 27-7-9-7
Mine subsidence insurance fund; deposits; investment
Status: in_force

Sec. 7. (a) The mine subsidence insurance fund is established for the purpose of making mine subsidence insurance available to owners of property located in counties identified under section 6 of this chapter. The fund shall be administered by the commissioner. Money shall be deposited in the fund from:

(1) premiums for mine subsidence insurance remitted by insurers to the commissioner; and

(2) funds obtained through federal grants or any other source.

(b) The expenses of administering the fund shall be paid from money in the fund.

(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.

(d) Money in the fund at the end of a particular fiscal year does not revert to the state general fund.

As added by P.L.164-1986, SEC.1.
Ind. Code § 27-1-44.5-12 — Indiana Code / Title 27 / Article 1 / Chapter 44.5 / Section 27-1-44.5-12
Fee schedule for data requests; exceptions; report to budget committee
Status: in_force

Sec. 12. (a) Except as provided in subsections (b), (c), and (e), the fee schedule for each type of unrestricted data request is as follows:

Non-program Affiliated Individual

Data Set

Per Quarter

Per Year

Member Eligibility

$1,000

$4,000

Medical Claims

$1,500

$6,000

Pharmacy Claims

$ 500

$2,000

Hospital Encounters

Inpatient

$1,500

$6,000

Outpatient

$1,250

$5,000

Emergency Dept.

$1,250

$5,000

Commercial Entity (Non-redistribution)

Data Set

Per Quarter

Per Year

Member Eligibility

$1,500

$6,000

Medical Claims

$2,250

$9,000

Pharmacy Claims

$ 750

$3,000

Hospital Encounters

Inpatient

$2,250

$9,000

Outpatient

$1,875

$7,500

Emergency Dept.

$1,875

$7,500

Nonprofit/Educational Entity

Data Set

Per Quarter

Per Year

Member Eligibility

$ 250

$1,000

Medical Claims

$ 375

$1,500

Pharmacy Claims

$ 125

$ 500

Hospital Encounters

Inpatient

$ 375

$1,500

Outpatient

$ 312.50

$1,250

Emergency Dept.

$ 312.50

$1,250

Commercial Redistributor (Resellers)

Data Set

Per Quarter

Per Year

Member Eligibility

$2,500

$10,000

Medical Claims

$3,750

$15,000

Pharmacy Claims

$1,250

$5,000

Hospital Encounters

Inpatient

$3,750

$15,000

Outpatient

$3,125

$12,500

Emergency Dept.

$3,125

$12,500

(b) Data files, reports, or tables not otherwise listed in subsection (a) or custom data sets must be generated at a base rate of eighty dollars ($80) per hour with a minimum one (1) hour charge applied. An additional fee of three cents ($0.03) must be charged per individual life generated in the data, report, or table. A written estimate of the total cost must be provided to an entity that requests data or information under this subsection before the request is fulfilled.

(c) State or local agencies within the geographical boundaries of Indiana that request data for public distribution or non-redistribution purposes may not be charged a fee under this section.

(d) If it is determined by the data base that access to the analytic environment is necessary based on the quantity and type of data requested, the requesting entity will incur an additional licensing fee of one thousand dollars ($1,000) per month per user.

(e) Member eligibility data sets for the requested time period must be provided at no charge if requested along with at least one (1) other data set.

(f) A requesting entity may submit to the department a request for a waiver of any applicable fees if the entirety of the entity's research findings will be released to the public at no cost to the reader.

(g) A fee collected under this section must be deposited in the department of insurance fund created by IC 27-1-3-28.

(h) Before November 1, 2026, and before November 1 of each year thereafter, the department shall submit a report to the budget committee that contains the following information for the most recently preceding state fiscal year:

(1) The total amount of fees collected in total and for each fee type of unrestricted data.

(2) The number of individuals subject to fees in total and for each fee type of unrestricted data.

(3) Additional fee amounts charted in subsection (b) and the total amount collected.

(4) Additional licensing fee amounts charted in subsection (c) and the total amount collected.

(5) The total fund balance in the department of insurance fund under IC 27-1-3-28 as of June 30 of the most recently preceding state fiscal year.

As added by P.L.86-2026, SEC.3.
Ind. Code § 27-2-9.1-4 — Indiana Code / Title 27 / Article 2 / Chapter 9.1 / Section 27-2-9.1-4
"PPACA"
Status: in_force

Sec. 4. As used in this chapter, "PPACA" refers to the federal Patient Protection and Affordable Care Act (P.L. 111-148), as amended thereafter, including by the federal Health Care and Education Reconciliation Act of 2010 (P.L. 111-152).

As added by P.L.114-2020, SEC.17.
Ind. Code § 27-8-4.9-4 — Indiana Code / Title 27 / Article 8 / Chapter 4.9 / Section 27-8-4.9-4
Plan sponsor's consent to electronic delivery
Status: in_force

Sec. 4. (a) Subject to subsection (b), the plan sponsor of a health benefit plan may, on behalf of all covered individuals of the health benefit plan, provide consent:

(1) to the mailing to covered individuals by electronic means otherwise required by IC 27-1-43-3 of all communications related to the health benefit plan; and

(2) to the electronic delivery to a covered individual of any health insurance identification card.

(b) Before providing consent on behalf of a covered individual under subsection (a), the plan sponsor of a health benefit plan must confirm that the covered individual routinely uses electronic communications during the normal course of the covered individual's employment.

As added by P.L.226-2023, SEC.23.
Ind. Code § 27-1-15.6-8.2 — Indiana Code / Title 27 / Article 1 / Chapter 15.6 / Section 27-1-15.6-8.2
Designated home state license
Status: in_force

Sec. 8.2. (a) Unless denied licensure under section 12 of this chapter, a person that is not a resident of Indiana shall receive a designated home state license if:

(1) the person has requested licensure in Indiana for a line of authority for which licensure is not required in the person's home state;

(2) the person has submitted the proper request for licensure and has paid the fees required under section 32 of this chapter;

(3) the person has submitted or transmitted to the commissioner a completed uniform application; and

(4) the person has complied with the prelicensing and continuing education requirements that apply to an insurance producer that:

(A) is a resident of Indiana; and

(B) applies for the line of authority described in subdivision (1).

(b) The commissioner may verify an insurance producer's licensing status through the centralized insurance producer license registry described in section 7 of this chapter.

(c) A person that holds a designated home state license and moves from one state to another state shall file a change of address with the department and provide certification from the new resident state not more than thirty (30) days after the change of legal residence. No fee or license application is required under this subsection.

(d) A person that:

(1) holds a designated home state license; and

(2) becomes a resident of a state that requires licensure for the line of authority for which the person holds the designated home state license;

shall become licensed for the line of authority in the new state of residence and notify the commissioner of the new licensure.

(e) Upon receiving notice of new licensure under subsection (d), the commissioner shall transfer the person's designated home state license to a nonresident producer license under section 8 of this chapter.

As added by P.L.146-2015, SEC.22. Amended by P.L.124-2018, SEC.37.
Ind. Code § 27-8-13-9.1 — Indiana Code / Title 27 / Article 8 / Chapter 13 / Section 27-8-13-9.1
Medicare supplement policies for individuals with certain disabilities and end stage renal disease
Status: in_force

Sec. 9.1. After December 31, 2024, an issuer that makes a Medicare supplement policy or certificate available to a person who is at least sixty-five (65) years of age and is eligible for Medicare benefits as described in 42 U.S.C. 1395c(1) shall make the equivalent Medicare supplement policy or certificate available to an individual who:

(1) is less than sixty-five (65) years of age; and

(2) is eligible for and enrolled in Medicare:

(A) by reason of a disability as described in 42 U.S.C. 426(b) and defined in 42 U.S.C. 423(d); or

(B) by reason of being medically determined to have end stage renal disease as described in 42 U.S.C. 426-1.

As added by P.L.28-2024, SEC.2.
Ind. Code § 27-1-46-17 — Indiana Code / Title 27 / Article 1 / Chapter 46 / Section 27-1-46-17
Provider facility failure to provide estimate or communication about right to estimate; civil penalty
Status: in_force

Sec. 17. (a) If a provider facility fails or refuses:

(1) to provide a good faith estimate as required by this chapter; or

(2) to provide communication to a patient of information concerning the patient's right to a good faith estimate as required under section 15 of this chapter;

the insurance commissioner may, after notice and hearing under IC 4-21.5, impose on the provider facility a civil penalty of not more than one thousand dollars ($1,000) for each violation.

(b) A civil penalty collected under this section shall be deposited in the department of insurance fund established by IC 27-1-3-28.

As added by P.L.93-2020, SEC.12. Amended by P.L.202-2021, SEC.16.
Ind. Code § 27-8-27-8 — Indiana Code / Title 27 / Article 8 / Chapter 27 / Section 27-8-27-8
Reimbursement not to be applied to lifetime coverage limit
Status: in_force

Sec. 8. The reimbursement required under section 6 of this chapter may not be applied to any annual or aggregate lifetime limit on the first steps child's coverage under the health insurance plan.

As added by P.L.121-1999, SEC.13.
Ind. Code § 27-13-34-21 — Indiana Code / Title 27 / Article 13 / Chapter 34 / Section 27-13-34-21
Chapter violations; fines and penalties
Status: in_force

Sec. 21. (a) In place of any other penalty specified in this chapter, or when no penalty is specifically provided, whenever any limited service health maintenance organization or other person, corporation, partnership, limited liability company, or entity subject to this chapter has been found to have violated any provision of this chapter, the commissioner may:

(1) issue and cause to be served upon the organization, person, or entity charged with the violation a copy of the findings and an order requiring the organization, person, or entity to cease and desist from engaging in the act or practice that constitutes the violation; and

(2) impose a monetary penalty of not more than two thousand five hundred dollars ($2,500) for each violation, but not to exceed an aggregate penalty of twenty-five thousand dollars ($25,000).

(b) A limited service health maintenance organization may appeal any action taken by the commissioner under this section within thirty (30) days after receiving notice of the action by requesting a hearing before the commissioner under IC 4-21.5.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-1-49-10 — Indiana Code / Title 27 / Article 1 / Chapter 49 / Section 27-1-49-10
Civil penalty
Status: in_force

Sec. 10. The commissioner may take appropriate action to enforce this chapter by imposing a civil penalty not to exceed ten thousand dollars ($10,000) per violation.

As added by P.L.166-2023, SEC.2.
Ind. Code § 27-13-1-28 — Indiana Code / Title 27 / Article 13 / Chapter 1 / Section 27-13-1-28
"Provider"
Status: in_force

Sec. 28. (a) "Provider" means a physician, a hospital, or any other person licensed or authorized to furnish health care services.

(b) The term includes an entity that:

(1) is owned in whole or in part by one (1) or more physicians, hospitals, or other persons licensed or authorized to furnish health care services; and

(2) was established for purposes of furnishing health care services through:

(A) contracts; or

(B) employment agreements;

with one (1) or more physicians, hospitals, or other persons licensed or authorized to furnish health care services.

As added by P.L.26-1994, SEC.25. Amended by P.L.195-1996, SEC.2.
Ind. Code § 27-17-1-8 — Indiana Code / Title 27 / Article 17 / Chapter 1 / Section 27-17-1-8
"Medical service"
Status: in_force

Sec. 8. (a) "Medical service" means care, service, or treatment related to:

(1) an illness or a dysfunction of; or

(2) injury to;

the human body.

(b) The term includes physician care, inpatient care, hospital services, surgical services, emergency services, ambulance services, dental care services, vision care services, mental health services, substance abuse services, chiropractic services, podiatric care services, laboratory services, radiology services, and medical equipment and supplies.

(c) The term does not include pharmaceutical supplies or prescriptions.

As added by P.L.73-2006, SEC.3.
Ind. Code § 27-13-10-11 — Indiana Code / Title 27 / Article 13 / Chapter 10 / Section 27-13-10-11
Action against provider representing enrollee or subscriber
Status: in_force

Sec. 11. A health maintenance organization may not take action against a provider solely on the basis that the provider represents an enrollee or subscriber in a grievance filed under this chapter.

As added by P.L.191-1997, SEC.11.
Ind. Code § 27-1-20-18 — Indiana Code / Title 27 / Article 1 / Chapter 20 / Section 27-1-20-18
Repealed
Status: repealed

Formerly: Acts 1935, c.162, s.266a. Repealed by Acts 1976, P.L.122, SEC.1.
Ind. Code § 27-13-7-14.2 — Indiana Code / Title 27 / Article 13 / Chapter 7 / Section 27-13-7-14.2
"Treatment of a mental illness or substance abuse"; "act"; "nonquantitative treatment limitations"; reporting and analysis requirements for individual and group contracts
Status: in_force

Sec. 14.2. (a) As used in this section, "treatment of a mental illness or substance abuse" means:

(1) treatment for a mental illness, as defined in IC 12-7-2.1-226(1); and

(2) treatment for drug abuse or alcohol abuse.

(b) As used in this section, "act" refers to the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Act of 2008 and any amendments thereto, plus any federal guidance or regulations relevant to that act, including 45 CFR 146.136, 45 CFR 147.136, 45 CFR 147.160, and 45 CFR 156.115(a)(3).

(c) As used in this section, "nonquantitative treatment limitations" refers to those limitations described in 26 CFR 54.9812-1, 29 CFR 2590.712, and 45 CFR 146.136.

(d) An individual contract or a group contract that provides coverage of services for treatment of a mental illness or substance abuse shall submit a report to the department not later than December 31 of each year that contains the following information:

(1) A description of the processes:

(A) used to develop or select the medical necessity criteria for coverage of services for treatment of a mental illness or substance abuse; and

(B) used to develop or select the medical necessity criteria for coverage of services for treatment of other medical or surgical conditions.

(2) Identification of all nonquantitative treatment limitations that are applied to:

(A) coverage of services for treatment of a mental illness or substance abuse; and

(B) coverage of services for treatment of other medical or surgical conditions;

within each classification of benefits.

(e) There may be no separate nonquantitative treatment limitations that apply to coverage of services for treatment of a mental illness or substance abuse that do not apply to coverage of services for treatment of other medical or surgical conditions within any classification of benefits.

(f) An individual contract or a group contract that provides coverage of services for treatment of a mental illness or substance abuse shall also submit an analysis showing the insurer's compliance with this section and the act to the department not later than December 31 of each year. The analysis must do the following:

(1) Identify the factors used to determine that a nonquantitative treatment limitation will apply to a benefit, including factors that were considered but rejected.

(2) Identify and define the specific evidentiary standards used to define the factors and any other evidence relied upon in designing each nonquantitative treatment limitation.

(3) Provide the comparative analyses, including the results of the analyses, performed to determine the following:

(A) That the processes and strategies used to design each nonquantitative treatment limitation for coverage of services for treatment of a mental illness or substance abuse are comparable to, and applied no more stringently than, the processes and strategies used to design each nonquantitative treatment limitation for coverage of services for treatment of other medical or surgical conditions.

(B) That the processes and strategies used to apply each nonquantitative treatment limitation for treatment of a mental illness or substance abuse are comparable to, and applied no more stringently than, the processes and strategies used to apply each nonquantitative limitation for treatment of other medical or surgical conditions.

(g) The department shall adopt rules to ensure compliance with this section and the applicable provisions of the act.

As added by P.L.103-2020, SEC.5. Amended by P.L.145-2026, SEC.150.
Ind. Code § 27-1-15.9-10 — Indiana Code / Title 27 / Article 1 / Chapter 15.9 / Section 27-1-15.9-10
Limited lines license required; authorization; training requirements; representation as limited lines producer
Status: in_force

Sec. 10. (a) A vendor shall not sell, solicit, or negotiate portable electronics insurance unless the vendor holds a limited lines license issued under IC 27-1-15.6 to sell, solicit, or negotiate portable electronics insurance.

(b) A limited lines license required by subsection (a) authorizes each of the following to sell, solicit, or negotiate portable electronics insurance to a customer at each of a vendor's locations:

(1) The vendor.

(2) Each of the vendor's employees or authorized representatives, regardless of whether the employee or authorized representative is individually licensed under IC 27-1-15.6, if the insurer that issues the portable electronics insurance directly supervises or appoints a supervising entity to supervise:

(A) the administration of the portable electronics insurance sold by the vendor; and

(B) a training program for the employees and authorized representatives.

(c) The following apply to a training program described in subsection (b):

(1) The training must be provided to any employee or authorized representative who is directly engaged in the sale, solicitation, or negotiation of portable electronics insurance.

(2) Initial training of an employee or authorized representative:

(A) must be provided before the employee or authorized representative engages in the sale, solicitation, or negotiation of portable electronics insurance; and

(B) may be provided in electronic form.

(3) Continuing training of an employee or authorized representative:

(A) must be provided on a periodic basis; and

(B) may be provided in electronic or another form.

(4) The training must be developed and overseen by employees of the supervising entity who are licensed as insurance producers under IC 27-1-15.6 with the qualifications described in IC 27-1-15.6-7(a)(3) and IC 27-1-15.6-7(a)(4).

(5) The training must provide basic instruction concerning the:

(A) portable electronics insurance offered to customers of the vendor; and

(B) disclosures required by section 12 of this chapter.

(d) An employee or authorized representative of a vendor shall not advertise, represent, or otherwise profess to be an insurance producer other than a limited lines producer licensed under IC 27-1-15.6.

As added by P.L.4-2012, SEC.3.
Ind. Code § 27-2-7-2 — Indiana Code / Title 27 / Article 2 / Chapter 7 / Section 27-2-7-2
Exemption from personal liability
Status: in_force

Sec. 2. No officer, director or trustee of any insurer shall be subject to any personal liability by reason of any payment, or determination not to contest payment, deemed by the board of directors or trustees to be in the corporate interests of such insurer, of any license, excise, privilege, premium, occupation or other fee or tax to any state, territory or political subdivision thereof (including the District of Columbia), unless prior to such payment the statute, ordinance or other law imposing such fee or tax shall have been expressly held invalid by the state court having final appellate jurisdiction in the premises, or by the Supreme Court of the United States.

Formerly: Acts 1945, c.123, s.2.
Ind. Code § 27-3-2-1 — Indiana Code / Title 27 / Article 3 / Chapter 2 / Section 27-3-2-1
Authority to issue stock
Status: in_force

Sec. 1. Any insurance company organized and doing business under the laws of this state on what is known as the assessment plan, and having more than one thousand (1,000) members, and a reserve fund of not less than one hundred thousand dollars ($100,000), is authorized, subject to the limitations set forth in this chapter, to issue stock in shares of fifty dollars ($50) each, to an amount of not less than one hundred thousand (100,000) nor more than five hundred thousand dollars ($500,000), and to receive subscriptions for the stock.

Formerly: Acts 1895, c.158, s.1. As amended by P.L.136-2018, SEC.169.
Ind. Code § 27-1-15.6-8 — Indiana Code / Title 27 / Article 1 / Chapter 15.6 / Section 27-1-15.6-8
Nonresident producer license
Status: in_force

Sec. 8. (a) Unless denied licensure under section 12 of this chapter, a nonresident person shall receive a nonresident producer license if:

(1) the person is currently licensed as a resident and in good standing in the person's home state;

(2) the person has submitted the proper request for licensure and has paid the fees required under section 32 of this chapter;

(3) the person has submitted or transmitted to the commissioner:

(A) the application for licensure that the person submitted to the person's home state; or

(B) a completed uniform application; and

(4) the person's home state awards non-resident producer licenses to residents of Indiana on the same basis as non-resident producer licenses are awarded to residents of other states under this chapter.

(b) The commissioner may verify a producer's licensing status through the centralized insurance producer license registry described in section 7 of this chapter.

(c) A:

(1) person who holds an Indiana nonresident producer's license and moves from one state to another state; or

(2) resident producer who moves from Indiana to another state;

shall file a change of address with the Indiana department of insurance and provide certification from the new resident state not more than thirty (30) days after the change of legal residence. No fee or license application is required under this subsection.

(d) Notwithstanding any other provision of this chapter, a person licensed as a surplus lines producer in the person's home state shall receive a nonresident surplus lines producer license under subsection (a). Except as provided in subsection (a), nothing in this section otherwise amends or supercedes IC 27-1-15.8.

(e) Notwithstanding any other provision of this chapter, a person who is not a resident of Indiana and who is licensed as a limited lines credit insurance producer or another type of limited lines producer in the person's home state shall, upon application, receive a nonresident limited lines producer license under subsection (a) granting the same scope of authority as is granted under the license issued by the person's home state.

(f) Notwithstanding any other provision of this chapter, a nonresident producer who receives a nonresident producer license under this section shall maintain licensure in good standing in the nonresident producer's home state.

(g) If a nonresident producer fails to maintain licensure in good standing in the nonresident producer's home state, the commissioner may:

(1) in the commissioner's sole discretion;

(2) without a hearing; and

(3) in addition to any other sanction allowed by law;

suspend any Indiana insurance producer license held by the nonresident producer until the commissioner receives notice from the nonresident producer's home state that the home state license is in effect.

As added by P.L.132-2001, SEC.3. Amended by P.L.72-2016, SEC.9; P.L.124-2018, SEC.36.
Ind. Code § 27-1-6-14 — Indiana Code / Title 27 / Article 1 / Chapter 6 / Section 27-1-6-14
Stock companies; capital stock and surplus requirements
Status: in_force

Sec. 14. (a) A domestic capital stock company that organized before March 7, 1967, must maintain a paid-in capital stock of not less than:

(1) two hundred thousand dollars ($200,000), if it markets one (1) or more kinds of insurance under Class I;

(2) two hundred thousand dollars ($200,000), if it markets one (1) kind of insurance under Class II, other than Class II(k) insurance;

(3) three hundred thousand dollars ($300,000), if it markets two (2) kinds of insurance under Class II, other than Class II(k) insurance;

(4) four hundred thousand dollars ($400,000), if it markets three (3) or more kinds of insurance under Class II, other than Class II(k) insurance;

(5) four hundred thousand dollars ($400,000), if it markets one (1) or more kinds of insurance under Class III;

(6) seven hundred fifty thousand dollars ($750,000), if it markets one (1) or more kinds of insurance under both Class II and Class III; or

(7) seven hundred fifty thousand dollars ($750,000), if it markets one (1) or more kinds of insurance under Class II, including Class II(k) insurance.

(b) A domestic capital stock company that organized after March 6, 1967, and before July 1, 1977, must maintain a paid-in capital stock of not less than:

(1) four hundred thousand dollars ($400,000), if it markets one (1) or more kinds of insurance under Class I;

(2) four hundred thousand dollars ($400,000), if it markets one (1) or more kinds of insurance under Class II, other than Class II(k) insurance;

(3) four hundred thousand dollars ($400,000), if it markets one (1) or more kinds of insurance under Class III;

(4) seven hundred fifty thousand dollars ($750,000), if it markets one (1) or more kinds of insurance under both Class II and Class III; or

(5) seven hundred fifty thousand dollars ($750,000), if it markets one (1) or more kinds of insurance under Class II, including Class II(k) insurance.

(c) A domestic capital stock company that organized after June 30, 1977, must maintain a paid-in capital stock of not less than one million dollars ($1,000,000).

(d) A domestic capital stock company must deposit with the department the following percentage of its paid-in capital stock requirement under this section in cash or in obligations of the United States:

(1) Twenty-five percent (25%), if it organized before July 1, 1977.

(2) Ten percent (10%), if it organized after June 30, 1977.

(e) A domestic capital stock company must maintain a surplus of not less than two hundred fifty thousand dollars ($250,000). However, when it organizes, it must have a surplus of not less than one million dollars ($1,000,000).

(f) If the commissioner determines that the continued operation of a domestic capital stock company may be hazardous to the policyholders or the general public, the commissioner may, upon the commissioner's determination, issue an order requiring the insurer to increase the insurer's capital and surplus based on the type, volume, and nature of the business transacted.

Formerly: Acts 1935, c.162, s.74; Acts 1955, c.316, s.1; Acts 1959, c.13, s.1; Acts 1967, c.127, s.2. As amended by Acts 1977, P.L.282, SEC.1; Acts 1980, P.L.169, SEC.1; P.L.130-1994, SEC.14; P.L.116-1994, SEC.19.
Ind. Code § 27-7-10-3 — Indiana Code / Title 27 / Article 7 / Chapter 10 / Section 27-7-10-3
"Domicile" defined
Status: in_force

Sec. 3. As used in this chapter to determine the state in which a purchasing group is domiciled, "domicile" means the following:

(1) For a corporation, the state in which the purchasing group is incorporated.

(2) For an unincorporated entity, the state of its principal place of business.

As added by P.L.162-1988, SEC.2.
Ind. Code § 27-5.1-3-4 — Indiana Code / Title 27 / Article 5.1 / Chapter 3 / Section 27-5.1-3-4
Policyholder surplus; reinsurance
Status: in_force

Sec. 4. A standard company may issue an insurance policy insuring against loss or damage to property of a policyholder of the standard company from the perils specified in section 2 of this chapter in a county located in Indiana if the standard company maintains a policyholder surplus or reinsurance that the commissioner determines is sufficient to protect the financial stability of the standard company.

As added by P.L.129-2003, SEC.8.
Ind. Code § 27-1-29-4 — Indiana Code / Title 27 / Article 1 / Chapter 29 / Section 27-1-29-4
"Political subdivision" defined
Status: in_force

Sec. 4. As used in this chapter, "political subdivision" has the meaning set forth in IC 34-6-2.1-155.

As added by P.L.162-1986, SEC.1. Amended by P.L.5-1988, SEC.143; P.L.1-1998, SEC.142; P.L.186-2025, SEC.145.
Ind. Code § 27-8-8-18 — Indiana Code / Title 27 / Article 8 / Chapter 8 / Section 27-8-8-18
Advertising referring to association; association summary document
Status: in_force

Sec. 18. (a) A person, including a member insurer, insurance producer, employee, agent, or affiliate of a member insurer, shall not make, publish, disseminate, circulate, or place before the public or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in any newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio station or television station, or in any other way, an advertisement, an announcement, or a statement, written or oral, that uses the existence of the association for the purpose of the sale of, solicitation of, or inducement to purchase any form of insurance covered by this chapter. This section does not apply to the association or any other entity that does not sell or solicit insurance.

(b) The association shall:

(1) prepare a summary document:

(A) describing the general purposes and current limitations of this chapter; and

(B) complying with subsection (c); and

(2) submit the summary document to the commissioner for approval.

Sixty (60) days after the date on which the commissioner approves the summary document, a member insurer may not deliver a policy or contract to a policy or contract owner unless the summary document is delivered to the policy or contract owner at the time of delivery of the policy or contract. The summary document must also be available upon request by a policy owner. The distribution, delivery, or contents or interpretation of the summary document does not guarantee that the policy or contract or the owner of the policy or contract is covered in the event of the impairment or insolvency of a member insurer. The summary document must be revised by the association as amendment to this chapter requires. Failure to receive the summary document does not give a policy owner, a contract owner, a certificate holder, or an insured greater rights than the rights specified in this chapter.

(c) The summary document prepared under subsection (b) must contain a clear and conspicuous disclaimer on the face of the summary document. The commissioner shall approve the form and content of the disclaimer. The disclaimer must, at a minimum, convey all the following:

(1) State the name and address of the association and the department of insurance.

(2) Prominently warn that:

(A) the association might not cover the policy or contract; and

(B) even if coverage were currently provided, coverage is:

(i) subject to substantial limitations and exclusions;

(ii) generally conditioned on continued residence in Indiana; and

(iii) subject to possible change as a result of future amendments to this chapter and court decisions.

(3) State the types of policies for which the association currently provides coverage.

(4) State that the member insurer and the member insurer's agents are prohibited by law from using the existence of the association for the purpose of selling, soliciting, or inducing purchase of any form of insurance.

(5) State that the policy owner or contract owner should not rely on coverage under this chapter when selecting an insurer.

(6) Explain:

(A) rights available following; and

(B) procedures for filing a complaint to allege;

a violation of any provision of this chapter.

(7) Provide other information as directed by the commissioner, including sources for information that:

(A) is not proprietary; and

(B) is subject to disclosure under IC 5-14-3;

concerning the financial condition of an insurer.

(d) A member insurer shall retain evidence of compliance with subsection (b) until the policy or contract for which the notice is given is no longer in effect.

As added by Acts 1978, P.L.129, SEC.3. Amended by P.L.178-2003, SEC.62; P.L.193-2006, SEC.31; P.L.208-2018, SEC.25.
Ind. Code § 27-8-1-3 — Indiana Code / Title 27 / Article 8 / Chapter 1 / Section 27-8-1-3
Name; approval; misleading similarity
Status: in_force

Sec. 3. The corporators shall submit the title or name of the proposed corporation to the state comptroller, who shall approve the same, provided it indicates the object or purpose for which the corporation is formed, and does not too closely resemble a title in use. Before approving a title, it shall be the duty of the state comptroller to examine the titles of corporations appearing in all the published insurance reports at the state comptroller's command, and not to approve any title that would tend to mislead the public on account of its too closely resembling some other title.

Formerly: Acts 1883, c.136, s.3. As amended by P.L.9-2024, SEC.484.
Ind. Code § 27-6-9-4 — Indiana Code / Title 27 / Article 6 / Chapter 9 / Section 27-6-9-4
Insurer
Status: in_force

Sec. 4. As used in this chapter, "insurer" means any person, firm, association or corporation duly licensed in Indiana pursuant to the applicable provisions of the insurance law as an insurer.

As added by P.L.26-1991, SEC.26.
Ind. Code § 27-9-4-7 — Indiana Code / Title 27 / Article 9 / Chapter 4 / Section 27-9-4-7
Claims by residents in proceeding in other states or in ancillary proceedings in Indiana
Status: in_force

Sec. 7. (a) In a liquidation proceeding in a reciprocal state against an insurer domiciled in that state, claimants against the insurer who reside within Indiana may file claims either with the ancillary receiver, if any, in Indiana, or with the domiciliary liquidator. Claims must be filed on or before the last dates fixed for the filing of claims in the domiciliary liquidation proceeding.

(b) Claims belonging to claimants residing in Indiana may be proved either in the domiciliary state under the law of that state, or in ancillary proceedings, if any, in Indiana. If a claimant elects to prove his claim in Indiana, he shall file his claim with the liquidator in the manner provided in IC 27-9-3-33 and IC 27-9-3-34. The ancillary receiver shall make his recommendation to the court as under IC 27-9-3-41. He shall also arrange a date for hearing if necessary under IC 27-9-3-37 and shall give notice to the liquidator in the domiciliary state, either by certified mail or by personal service at least forty (40) days prior to the date set for hearing. If the domiciliary liquidator, within thirty (30) days after the giving of such notice, gives notice in writing to the ancillary receiver and to the claimant, either by certified mail or by personal service, of his intention to contest the claim, he may appear or be represented in any proceeding in Indiana involving the adjudication of the claim.

(c) The final allowance of the claim by the courts of Indiana shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in Indiana.

As added by Acts 1979, P.L.255, SEC.1.
Ind. Code § 27-1-8-6 — Indiana Code / Title 27 / Article 1 / Chapter 8 / Section 27-1-8-6
Approval or disapproval of articles of amendment by department
Status: in_force

Sec. 6. The department is hereby authorized to approve or disapprove such articles of amendment, and the approval of them, if given, shall be evidenced in the manner prescribed in IC 27-1-6-8.

Formerly: Acts 1935, c.162, s.106. As amended by P.L.252-1985, SEC.34.
Ind. Code § 27-9-2-2 — Indiana Code / Title 27 / Article 9 / Chapter 2 / Section 27-9-2-2
Petition; orders
Status: in_force

Sec. 2. (a) The commissioner may file in the Marion County circuit court a petition alleging, with respect to a domestic insurer:

(1) that there exist grounds that justify a court order for a formal delinquency proceeding against the insurer under IC 27-9;

(2) that the interests of policyholders, creditors, or the public will be endangered by delay; and

(3) other matters the commissioner considers necessary.

(b) Upon a filing under subsection (a), the Marion County circuit court may issue, ex parte, and without a hearing, the requested order that must:

(1) Direct the commissioner to take possession and control any part of the property, books, accounts, documents, and other records of an insurer.

(2) Direct the commissioner to take possession of the premises occupied by the insurer for transaction of its business.

(3) Until further order of the Marion County circuit court, enjoin the insurer and its officers, managers, agents, and employees from disposition of its property and from transaction of its business except with the written consent of the commissioner.

(c) The Marion County circuit court shall specify the order's duration, which shall be such time as the court considers necessary for the commissioner to determine the condition of the insurer. On motion of either party or on its own motion, the Marion County circuit court may hold hearings as it considers desirable after giving notice as it considers appropriate, and may extend, shorten, or modify the terms of the seizure order. The Marion County circuit court shall vacate the seizure order if the commissioner fails to commence a formal proceeding under IC 27-9 after having had a reasonable opportunity to do so. An order of the Marion County circuit court under a formal proceeding under IC 27-9 shall ipso facto vacate the seizure order.

(d) Entry of a seizure order under this section does not constitute an anticipatory breach of any contract of the insurer.

(e) An insurer subject to an ex parte order under this section may petition the Marion County circuit court at any time after the issuance of the order for a hearing and review of the order. The Marion County circuit court shall hold a hearing and review not more than fifteen (15) days after the request. A hearing under this subsection may be held privately in chambers, and the hearing must be held in chambers if the petitioning insurer requests it.

(f) If, at any time after the issuance of an order, it appears to the Marion County circuit court that any person whose interest is or will be substantially affected by the order did not appear at the hearing and has not been served, the Marion County circuit court may order notice to be given to that person. An order that notice be given does not stay the effect of any order previously issued by the court.

As added by Acts 1979, P.L.255, SEC.1.
Ind. Code § 27-13-1-2 — Indiana Code / Title 27 / Article 13 / Chapter 1 / Section 27-13-1-2
"Admitted asset"
Status: in_force

Sec. 2. "Admitted asset" means an asset that may be included in a health maintenance organization's total assets for the purpose of computing the net worth of the health maintenance organization.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-1-50-9 — Indiana Code / Title 27 / Article 1 / Chapter 50 / Section 27-1-50-9
Offer of plans to plan sponsors
Status: in_force

Sec. 9. (a) At the time of contracting, an insurer shall only offer to plan sponsors the following plans:

(1) A plan that applies one hundred percent (100%) of the rebates to reduce premiums for all covered individuals equally.

(2) A plan that calculates defined cost sharing for covered individuals of the plan sponsor at the point of sale based on a price that is reduced by an amount equal to at least eighty-five percent (85%) of all of the rebates received or estimated to be received by the insurer concerning the dispensing or administration of the prescription drug.

(b) A plan sponsor may choose one (1) of the plans offered under subsection (a).

As added by P.L.166-2023, SEC.3. Amended by P.L.158-2024, SEC.15.
Ind. Code § 27-8-5-7 — Indiana Code / Title 27 / Article 8 / Chapter 5 / Section 27-8-5-7
Acceptance of premium for period beyond termination date; effect; misstatement of age
Status: in_force

Sec. 7. If any such policy contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective, and if such date falls within a period for which premium is accepted by the insurer or if the insurer accepts a premium after such date, the coverage provided by the policy will continue in force subject to any right of cancellation until the end of the period for which premium has been accepted. In the event the age of the insured has been misstated and if, according to the correct age of the insured, the coverage provided by the policy would not have become effective, or would have ceased prior to the acceptance of such premium or premiums, then the liability of the insurer shall be limited to the refund, upon request, of all premiums paid for the period not covered by the policy.

Formerly: Acts 1953, c.15, s.169.7.
Ind. Code § 27-15-11-7 — Indiana Code / Title 27 / Article 15 / Chapter 11 / Section 27-15-11-7
Conditions for ceasing maintenance of closed block
Status: in_force

Sec. 7. The plan of operation must provide for the conditions under which the former mutual, with the approval of the commissioner, may cease to maintain the closed block.

As added by P.L.94-1999, SEC.3.
Ind. Code § 27-13-34-23 — Indiana Code / Title 27 / Article 13 / Chapter 34 / Section 27-13-34-23
Fees
Status: in_force

Sec. 23. (a) A limited service health maintenance organization subject to this chapter shall pay to the commissioner for deposit into the department of insurance fund established by IC 27-1-3-28 the following fees:

(1) For filing an application for a certificate of authority or an amendment to an application, three hundred fifty dollars ($350).

(2) For filing each annual report, fifty dollars ($50).

(b) In addition to the fees required by subsection (a), a limited service health maintenance organization subject to this chapter must pay the fees required by IC 27-1-3-15.

As added by P.L.26-1994, SEC.25. Amended by P.L.173-2007, SEC.45; P.L.234-2007, SEC.199.
Ind. Code § 27-6-6-6 — Indiana Code / Title 27 / Article 6 / Chapter 6 / Section 27-6-6-6
Assets and reserves
Status: in_force

Sec. 6. There shall at all times be maintained as assets a sum in cash or securities of the kind designated by the laws of the state where the principal office is located for the investment of funds of insurance companies, doing the same kinds of business, amounting to fifty per cent (50%) of the net annual deposits, collected, and credited to the accounts of subscribers on policies having one (1) year or less to run and pro rata on those for longer periods; in addition to which there shall be maintained in cash or such securities assets sufficient to discharge all liabilities on all outstanding losses arising under policies issued, same to be calculated on the basis of net premiums or deposits as in this section defined and in accordance with the laws of the state relating to similar reserves for companies insuring similar risks. For the purpose of computing said reserves and assets, net deposits shall be construed to mean the payments of subscribers collected or in the course of collection after deducting therefrom the amounts provided in the subscribers' agreement for expenses except payments or credits to the attorney-in-fact. If at any time the assets so held in cash or such securities shall be less than required above, or be less than three hundred thousand dollars ($300,000), the subscribers or their attorney for them shall make up the deficiency within thirty (30) days after notice from the department of insurance so to do: Provided, however, That as to reciprocal or interinsurance exchanges now licensed and authorized to do business in Indiana, the alternative minimum of cash or securities required to be held shall be one hundred thousand dollars ($100,000).

Formerly: Acts 1919, c.102, s.6; Acts 1963, c.315, s.2; Acts 1967, c.232, s.5.
Ind. Code § 27-13-34-1 — Indiana Code / Title 27 / Article 13 / Chapter 34 / Section 27-13-34-1
"Enrollee" defined
Status: in_force

Sec. 1. (a) As used in this chapter, "enrollee" means an individual who is entitled to limited health services under a contract with an entity authorized to provide or arrange for limited health services under this chapter.

(b) The term includes the dependent of an individual described in subsection (a).

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-1-2.1-1 — Indiana Code / Title 27 / Article 1 / Chapter 2.1 / Section 27-1-2.1-1
"Health care sharing ministry"
Status: in_force

Sec. 1. (a) As used in this chapter, "health care sharing ministry" means a nonprofit organization that:

(1) is comprised only of participants who share similar and sincerely held religious beliefs;

(2) is tax exempt under Section 501(c)(3) of the Internal Revenue Code;

(3) acts as a facilitator among participants who have financial or medical needs that are qualified in accordance with the organization's criteria, matching those participants with other participants who have the present ability to assist with financial or medical needs;

(4) provides for the financial or medical needs of a participant through contributions from one (1) participant to another participant;

(5) provides information about amounts that participants, with no assumption of risk or promise to pay, may contribute for distribution:

(A) among the participants; or

(B) by the organization to participants;

(6) provides a written monthly statement to all participants that specifies:

(A) the total dollar amount of qualified needs submitted to the organization; and

(B) the amount actually published or assigned to participants for their contribution; and

(7) includes the following statement, in writing, on or accompanying all applications and guideline materials:

"Notice: The organization facilitating the sharing of medical expenses is not an insurance company, and neither its guidelines nor its plan of operation is an insurance policy. Any assistance you receive with your medical bills will be totally voluntary. Neither the organization nor any other participant can be compelled by law to contribute toward your medical bills. As such, participation in the organization or a subscription to any of its documents should never be considered to be insurance. Whether or not you receive any payments for medical expenses and whether or not this organization continues to operate, you are always personally responsible for the payment of your own medical bills.".

(b) The term does not include a fraternal benefit society described in IC 27-11-1-1.

As added by P.L.13-2012, SEC.1.
Ind. Code § 27-1-37.6-10 — Indiana Code / Title 27 / Article 1 / Chapter 37.6 / Section 27-1-37.6-10
"Narrow network"
Status: in_force

Sec. 10. As used in this chapter, "narrow network" means a network:

(1) significantly limited to select health care providers that offer a range of health care services to health plan members; and

(2) for which any other health care provider that is not included in the network is an out of network health care provider.

As added by P.L.203-2023, SEC.19.
Ind. Code § 27-3-2-5 — Indiana Code / Title 27 / Article 3 / Chapter 2 / Section 27-3-2-5
Certificate of incorporation; body corporate; deposit of securities; change of deposited securities
Status: in_force

Sec. 5. And thereupon, when all of said stock shall have been subscribed, a statement shall be filed with the secretary of state, and that officer shall give to such company a certificate of incorporation under the officer's seal of office, declaring the corporate name of such company, the amount of capital stock, and the amount of securities deposited with the state comptroller, as hereinafter provided, the names of the directors who are to conduct the business of the company for the first year, and henceforth upon the payment to such officer of the fee provided by law to be paid for the incorporation of joint stock companies; and said company shall then become a body corporate, with the power and authority to sue and be sued as such, in any proper court, and such company may carry on the business of insuring property against loss or damage by fire, in a manner not inconsistent with the laws of this state, as a stock company. However, before such company shall issue any policies of insurance, such company shall deposit in the office of the state comptroller of Indiana, stocks, bonds or notes to be approved by the state comptroller, to the amount of twenty-five percent (25%) of the capital stock of said company, the interest on which is to be paid to said company, provided that the securities so held may be replaced by other securities to be first approved by the state comptroller, when by reason of their maturity or other good cause, it shall seem necessary or proper for the best interest of such company to replace them.

Formerly: Acts 1895, c.158, s.5. As amended by P.L.9-2024, SEC.483.
Ind. Code § 27-1-28-13 — Indiana Code / Title 27 / Article 1 / Chapter 28 / Section 27-1-28-13
Resident business entity independent adjuster licensure
Status: in_force

Sec. 13. (a) A business entity may apply for a resident independent adjuster license by submitting:

(1) a Uniform Application for Business Entity Adjusters to the commissioner with a declaration, under penalty of suspension, revocation, or refusal of licensure, that the statements made in the application are true and complete to the best knowledge of the individual submitting the application on behalf of the business entity;

(2) an application fee of forty dollars ($40); and

(3) the name, address, and criminal and administrative history of each of the following:

(A) An owner that has at least ten percent (10%) interest or voting interest in the business entity.

(B) A partner of the business entity.

(C) An executive officer of the business entity.

(D) A director of the business entity.

(b) The commissioner shall approve an application submitted by a business entity under subsection (a) upon finding all of the following:

(1) The business entity is eligible to designate Indiana as the business entity's home state.

(2) The business entity has designated an individual independent adjuster licensed under this chapter to be responsible for the business entity's compliance with Indiana insurance law.

(3) The business entity has not committed any act that is grounds for probation, suspension, revocation, or refusal of an independent adjuster license under section 18 of this chapter.

(c) The commissioner may require a business entity applying under this section to produce any documents reasonably necessary to verify the information contained in the application.

As added by P.L.11-2011, SEC.22. Amended by P.L.148-2017, SEC.6; P.L.124-2018, SEC.54.
Ind. Code § 27-19-2-3 — Indiana Code / Title 27 / Article 19 / Chapter 2 / Section 27-19-2-3
"Application organization"
Status: in_force

Sec. 3. (a) Subject to subsections (b) and (c), "application organization" means an entity that:

(1) is a navigator described in Section 1311(i) of PPACA (42 U.S.C. 18031(i));

(2) assists individuals with application for and enrollment in a health benefit exchange or public health insurance program; or

(3) performs the functions of a navigator with respect to a health benefit exchange as established by the commissioner.

(b) In the commissioner's discretion, the term does not include an entity that does one (1) or more of the following:

(1) Provides assistance with application for and enrollment in Medicaid to individuals who, based on preliminary information obtained by the entity, may be eligible for Medicaid without respect to the individuals' income or assets.

(2) Provides individuals with general information concerning the application process for enrollment in a public health insurance program, but does not participate with the individuals in making application for the individuals' enrollment in a public health insurance program.

(c) The term does not include an entity that makes presumptive eligibility determinations concerning individuals' eligibility for enrollment in a public health insurance program.

As added by P.L.278-2013, SEC.27.
Ind. Code § 27-1-6-15 — Indiana Code / Title 27 / Article 1 / Chapter 6 / Section 27-1-6-15
Mutual companies; initial subscriptions and premiums; deposits; surplus
Status: in_force

Sec. 15. (a) Except as provided in subsection (b), a domestic mutual company that organized before July 1, 1977, must maintain a surplus of not less than two hundred fifty thousand dollars ($250,000). This subsection does not apply to a standard farm mutual insurance company that is organized under IC 27-5 (before its repeal) or IC 27-5.1.

(b) A domestic mutual company that organized before July 1, 1977, must maintain a surplus of not less than:

(1) seven hundred fifty thousand dollars ($750,000), if it markets one (1) or more kinds of insurance under both Class II and Class III, other than Class II(k) insurance;

(2) one million dollars ($1,000,000), if it markets one (1) or more kinds of insurance under Class II, including Class II(k) insurance; or

(3) one million dollars ($1,000,000), if it markets one (1) or more kinds of insurance under both Class II and Class III, including Class II(k) insurance.

(c) A domestic mutual company that organized after June 30, 1977, must maintain a surplus of not less than one million two hundred fifty thousand dollars ($1,250,000). However, when it organizes, it must:

(1) have a surplus of not less than two million dollars ($2,000,000);

(2) for the one (1) or more kinds of insurance under Class I that it intends to market, have received applications for insurance from not less than four hundred (400) persons, each application for an amount not less than one thousand dollars ($1,000), and have received the first year's premium due on a policy to be issued on each such application; and

(3) for the one (1) or more kinds of insurance under Class II or Class III that it intends to market, have received applications for insurance covering not less than eight hundred (800) separate risks in not less than forty (40) policies to be issued to not less than forty (40) members, and have received premiums amounting to not less than one hundred thousand dollars ($100,000) for those policies.

(d) A domestic mutual company must deposit with the department in cash or in obligations of the United States:

(1) twenty-five thousand dollars ($25,000), if it organized before June 30, 1955;

(2) fifty thousand dollars ($50,000), if it organized after June 29, 1955, and before March 7, 1967; or

(3) one hundred thousand dollars ($100,000), if it organized after March 6, 1967.

This subsection does not apply to a standard farm mutual insurance company that is organized under IC 27-5 (before its repeal) or IC 27-5.1.

(e) If the commissioner determines that the continued operation of a domestic mutual company may be hazardous to the policyholders or the general public, the commissioner may, upon the commissioner's determination, issue an order requiring the insurer to increase the insurer's capital and surplus based on the type, volume, and nature of the business transacted.

Formerly: Acts 1935, c.162, s.75; Acts 1955, c.316, s.2; Acts 1967, c.127, s.3. As amended by Acts 1977, P.L.282, SEC.2; P.L.130-1994, SEC.15; P.L.116-1994, SEC.20; P.L.129-2003, SEC.1.
Ind. Code § 27-14.5-3-9 — Indiana Code / Title 27 / Article 14.5 / Chapter 3 / Section 27-14.5-3-9
Dividend practices of reorganized insurer
Status: in_force

Sec. 9. (a) This section does not apply to the payment of dividends, savings, or unabsorbed premium deposits allowed or returned as set forth in IC 27-7-2-37.5 or other similar programs permitted or filed in other states.

(b) The reorganized insurer must obtain approval by the commissioner of the dividend practices with respect to participating policies and contracts in force as of the effective date of the reorganization to be followed by the reorganized insurer as set forth in IC 27-14.5-2-6(4) if the dividend practices of the reorganized insurer will be different from the dividend practices of the mutual insurance company.

(c) The commissioner may require the establishment of a closed block or other mechanism that the commissioner finds to be fair for the protection of mutual insurance company policyholder dividends.

(d) The dividend practices of the reorganized insurer, the requirement to establish a closed block or other mechanism, if any, or the terms of the closed block, may be modified after approval under subsection (b) or subsequent to a reorganization under IC 27-14.5-2 only with the prior approval of the commissioner on application of the reorganized insurer.

(e) Neither an intermediate stock holding company nor a reorganized insurer may pay dividends or make other distributions with respect to its stock or its shareholders if the reorganized insurer has failed to pay policyholder dividends in compliance with the dividend practices approved by the commissioner in accordance with this section.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-17-6-1 — Indiana Code / Title 27 / Article 17 / Chapter 6 / Section 27-17-6-1
Filing of advertisement, marketing materials, or brochure
Status: in_force

Sec. 1. Before using an advertisement, marketing materials, or a brochure, a discount medical card program organization shall file the advertisement, marketing materials, or brochure with the commissioner and:

(1) obtain the commissioner's approval for use; or

(2) wait at least sixty (60) days after filing and receive no notice of the commissioner's disapproval;

of the advertisement, marketing materials, or brochure.

As added by P.L.73-2006, SEC.3.
Ind. Code § 27-9-3-4 — Indiana Code / Title 27 / Article 9 / Chapter 3 / Section 27-9-3-4
Pending actions; protection of insurer after rehabilitation order
Status: in_force

Sec. 4. (a) Any court in Indiana before which any action or proceeding in which the insurer is a party or is obligated to defend a party is pending when a rehabilitation order against the insurer is entered shall stay the action or proceeding for ninety (90) days and for any additional time as is necessary for the rehabilitator to obtain proper representation and prepare for further proceedings. The rehabilitator shall take action respecting the pending litigation as he considers necessary in the interests of justice and for the protection of creditors, policyholders, and the public. The rehabilitator shall immediately consider all litigation pending outside Indiana and shall petition the courts having jurisdiction over that litigation for stays whenever necessary to protect the estate of the insurer.

(b) The statute of limitations or the defense of laches shall not run with respect to any action by or against an insurer between the filing of a petition for appointment of a rehabilitator for that insurer and the order granting or denying that petition. Any action by or against the insurer that might have been commenced when the petition was filed may be commenced for at least sixty (60) days after the order of rehabilitation is entered or the petition is denied.

(c) Any guaranty association or foreign guaranty association covering life or health insurance or annuities has standing to appear in any court proceeding concerning the rehabilitation of a life or health insurer if that association is or may become liable to act as a result of the rehabilitation.

As added by Acts 1979, P.L.255, SEC.1.
Ind. Code § 27-8-28-14 — Indiana Code / Title 27 / Article 8 / Chapter 28 / Section 27-8-28-14
Filing grievance; toll free number
Status: in_force

Sec. 14. (a) A covered individual may file a grievance orally or in writing.

(b) An insurer shall make available to covered individuals a toll free telephone number through which a grievance may be filed. The toll free telephone number must:

(1) be staffed by a qualified representative of the insurer;

(2) be available for at least forty (40) hours per week during normal business hours; and

(3) accept grievances in the languages of the major population groups served by the insurer.

(c) A grievance is considered to be filed on the first date it is received, either by telephone or in writing.

As added by P.L.66-2001, SEC.2 and P.L.203-2001, SEC.13.
Ind. Code § 27-4-10-4 — Indiana Code / Title 27 / Article 4 / Chapter 10 / Section 27-4-10-4
"Electronic funds transfer payment"
Status: in_force

Sec. 4. As used in this chapter, "electronic funds transfer payment" includes a payment by any method of electronic funds transfer other than an Automated Clearing House Network payment.

As added by P.L.31-2021, SEC.4.
Ind. Code § 27-4-1-16 — Indiana Code / Title 27 / Article 4 / Chapter 1 / Section 27-4-1-16
Inapplicable laws
Status: in_force

Sec. 16. No provision of IC 4-22-2 shall be construed to apply to any hearings held or proceedings had pursuant to the provisions of this chapter.

Formerly: Acts 1947, c.112, s.16. As amended by P.L.252-1985, SEC.156.
Ind. Code § 27-1-2.3-6 — Indiana Code / Title 27 / Article 1 / Chapter 2.3 / Section 27-1-2.3-6
"Nonparticipating" or "participating"
Status: in_force

Sec. 6. For purposes of this chapter:

(1) an ambulance service provider that provides ambulance service to an individual covered by a health plan is "nonparticipating" with respect to the health plan if the ambulance service provider has not, by contract, affiliation, agreement, or any other means, agreed to be compensated by the health plan at no more than a certain amount or rate for the ambulance service; and

(2) an ambulance service provider that provides ambulance service to an individual covered by a health plan is "participating" with respect to the health plan if the ambulance service provider has agreed to be compensated by the health plan at no more than a certain amount or rate for the ambulance service.

As added by P.L.170-2022, SEC.36.
Ind. Code § 27-7-8-2 — Indiana Code / Title 27 / Article 7 / Chapter 8 / Section 27-7-8-2
Provisions governing legal insurance
Status: in_force

Sec. 2. In addition to the other applicable provisions of IC 27, an insurer providing legal insurance must comply with the provisions of this chapter.

As added by Acts 1978, P.L.129, SEC.2.
Ind. Code § 27-2-15-2 — Indiana Code / Title 27 / Article 2 / Chapter 15 / Section 27-2-15-2
Repealed
Status: repealed

As added by P.L.247-1989, SEC.2. Repealed by P.L.238-2013, SEC.1.
Ind. Code § 27-1-23-8.1 — Indiana Code / Title 27 / Article 1 / Chapter 23 / Section 27-1-23-8.1
Violations; penalties
Status: in_force

Sec. 8.1. (a) If it appears to the commissioner that an insurer or a director, an officer, an employee, or an agent of an insurer has knowingly or intentionally violated this chapter, the commissioner may report the violation to the prosecutor of the county in which the conduct giving rise to the report occurred.

(b) Except as provided in subsection (c), an officer, a director, an employee, or an agent of an insurer or of an insurance holding company system who knowingly or intentionally violates the following commits a Level 6 felony (IC 35-50-2-7):

(1) Section 1.5(a) or 1.5(b) of this chapter.

(2) Section 2(a) or 2(b) of this chapter.

(3) Section 2.5(n) or 2.5(o) of this chapter.

(4) Section 2.6(g), 2.6(i), 2.6(j), 2.6(k), 2.6(l), 2.6(m), 2.6(n), or 2.6(p) of this chapter.

(5) Section 3(a), 3(b), 3(e), or 3(f) of this chapter.

(6) Section 4(a), 4(b), 4(c), 4(e), 4(g), or 4(i) of this chapter.

(7) Section 5(c) or 5(e) of this chapter.

(8) Section 8(b) of this chapter.

(c) An officer, a director, or an employee of an insurance holding company system who knowingly or intentionally subscribes to or makes or causes to be made a false statement, false report, or false filing with the intent to deceive the commissioner in the performance of the commissioner's duties under this chapter:

(1) commits a Level 4 felony (IC 35-50-2-5.5); and

(2) except as provided in subsection (d), is in the officer's, director's, or employee's individual capacity subject to a civil penalty imposed by the commissioner of not more than one million dollars ($1,000,000).

(d) A director or an officer of an insurance holding company system who:

(1) knowingly or intentionally violates this chapter; or

(2) knowingly or intentionally participates in, assents to, or permits an insurer's, officer's, employee's, or agent's engagement in transactions or the purchase of investments that:

(A) have not been properly reported or submitted under section 3(a), 4(b), or 4(g) of this chapter; or

(B) violate this chapter;

is, in the director's or officer's individual capacity and after notice and hearing under IC 4-21.5, subject to a civil penalty of not more than ten thousand dollars ($10,000) per violation.

(e) The commissioner may impose a civil penalty of not more than one million dollars ($1,000,000) on an insurer that knowingly or intentionally violates this chapter.

(f) In determining the amount of the civil penalty under this section, the commissioner shall consider the appropriateness of the amount of the civil penalty with respect to the gravity of the violation, any history of previous violations, and other matters considered appropriate by the commissioner.

(g) If it appears to the commissioner that an insurer subject to this chapter, or a director, an officer, an employee, or an agent of an insurer, has engaged in a transaction or entered into a contract:

(1) that is subject to section 4 of this chapter;

(2) for which the commissioner's approval was not requested; and

(3) that would not have been approved by the commissioner if the commissioner's approval had been requested;

the commissioner may order the insurer to immediately cease and desist from activity under the transaction or contract. The commissioner may, after notice and hearing under IC 4-21.5, order the insurer to void any contract and restore the status quo if the commissioner determines that the action is in the best interest of the insurer's policyholders or creditors or the public.

(h) If it appears to the commissioner that:

(1) a person has committed a violation of section 2 of this chapter; and

(2) the violation prevents the full understanding of the enterprise risk to the insurer by affiliates or the insurance holding company system;

the violation may serve as an independent basis for disapproving dividends or distributions and for placing the insurer under an order of supervision in accordance with IC 27-9.

As added by P.L.72-2016, SEC.15.
Ind. Code § 27-9-3.1-9 — Indiana Code / Title 27 / Article 9 / Chapter 3.1 / Section 27-9-3.1-9
"Securities contract"
Status: in_force

Sec. 9. As used in this chapter, "securities contract" has the meaning set forth in the Federal Deposit Insurance Act (12 U.S.C. 1821).

As added by P.L.11-2011, SEC.36.
Ind. Code § 27-1-27-4 — Indiana Code / Title 27 / Article 1 / Chapter 27 / Section 27-1-27-4
Certificates of authority; application; renewal; surety bond
Status: in_force

Sec. 4. (a) Each applicant for a certificate of authority as a public adjuster shall file with the commissioner of insurance an application therefor on forms furnished by the commissioner of insurance, which application shall set forth:

(1) the name and address of the applicant, and if the applicant be a corporation, the name and address of each of its officers and directors;

(2) whether the person is applying as a resident or nonresident;

(3) whether any license or certificate of authority as insurance producer, broker, public adjuster, or independent adjuster has been issued previously by the commissioner of insurance of the state of Indiana or by the insurance department of any other state, any territorial possession of the United States, or any foreign country to the applicant; and

(4) the business or employment in which the applicant has been engaged for the five (5) years next preceding the date of the application, and the name and address of such business and the name or names and addresses of the applicant's employer or employers.

(b) An application for any certificate of authority must be signed and verified under oath by the applicant.

(c) An annual fee of fifty dollars ($50) is to be paid to the commissioner of insurance by the applicant for such public adjuster's certificate of authority before the application or annual renewal thereof is granted. However, the commissioner may, by rule adopted under IC 4-22-2, change the amount of the fee to an amount necessary to pay all of the direct and indirect costs of administering this chapter. Fees collected shall be used by the department to administer this chapter.

(d) Every public adjuster's certificate of authority shall expire on December 31 of the calendar year in which the same shall have been issued, but if an application for the renewal of such certificate shall have been filed with the commissioner of insurance before January 1 of any year, the certificate of authority sought to be renewed shall continue in full force and effect until the issuance by the commissioner of insurance of the new certificate applied for or until five (5) days after the commissioner of insurance shall have refused to issue such new certificate and shall have served notice of such refusal on the applicant therefor. Service of such notice shall be made by registered mail directed to the applicant at the place of business specified in the application.

(e) The applicant shall file with the commissioner of insurance a surety bond in a sum equal to ten thousand dollars ($10,000) payable to the state of Indiana and conditioned on the principal's faithful performance and discharge of the principal's duties under this title and under any rule of the department of insurance. The bond must be renewed annually.

As added by P.L.257-1983, SEC.1. Amended by P.L.178-2003, SEC.29.
Ind. Code § 27-5.1-1-14 — Indiana Code / Title 27 / Article 5.1 / Chapter 1 / Section 27-5.1-1-14
"Premium plus assessment"
Status: in_force

Sec. 14. "Premium plus assessment" refers to an insurance policy under which the policyholder is:

(1) obligated to pay a premium; and

(2) subject to potential assessment.

As added by P.L.129-2003, SEC.8.
Ind. Code § 27-1-35-14 — Indiana Code / Title 27 / Article 1 / Chapter 35 / Section 27-1-35-14
Annual reports
Status: in_force

Sec. 14. The controlled insurer shall annually report to the commissioner the amount of commissions paid to the producer, the percentage this amount represents of the net premiums written, and comparable amounts and percentage paid to noncontrolling producers for placements of the same kind of insurance.

As added by P.L.130-1994, SEC.36 and P.L.116-1994, SEC.47.
Ind. Code § 27-2-25-9.5 — Indiana Code / Title 27 / Article 2 / Chapter 25 / Section 27-2-25-9.5
"Price"
Status: in_force

Sec. 9.5. As used in this chapter, "price" means the negotiated rate between the:

(1) provider facility and practitioner; and

(2) covered individual's primary health carrier;

minus the amount that the health carrier will pay.

As added by P.L.93-2020, SEC.13.
Ind. Code § 27-8-19.8-15 — Indiana Code / Title 27 / Article 8 / Chapter 19.8 / Section 27-8-19.8-15
Expiration and renewal of license
Status: in_force

Sec. 15. (a) A license issued or renewed under this chapter expires on July 1 after its issuance or renewal.

(b) A viatical settlement provider may renew a license by:

(1) applying for renewal on forms prescribed by the department; and

(2) paying the renewal fee.

(c) The department shall adopt rules under IC 4-22-2 to do the following:

(1) Set the renewal fee required by this section.

(2) Set a date before July 1 and before which receipt of a license renewal application can be processed without a lapse in the license.

(d) A viatical settlement provider that submits an application for renewal after the date set under subsection (c)(2):

(1) is not entitled to have the license renewed before July 1; and

(2) may not act as a viatical settlement provider until the department issues the license renewal, if the department is unable to process the renewal before July 1.

As added by P.L.130-1994, SEC.47 and P.L.116-1994, SEC.70. Amended by P.L.32-1998, SEC.17.
Ind. Code § 27-1-36-10 — Indiana Code / Title 27 / Article 1 / Chapter 36 / Section 27-1-36-10
"Life insurer"
Status: in_force

Sec. 10. As used in this chapter, "life insurer" means an insurer that makes one (1) or more of the types of insurance described in Class 1 of IC 27-1-5-1.

As added by P.L.186-1996, SEC.1. Amended by P.L.276-2013, SEC.22.
Ind. Code § 27-13-36.2-5 — Indiana Code / Title 27 / Article 13 / Chapter 36.2 / Section 27-13-36.2-5
Permitted forms
Status: in_force

Sec. 5. A provider shall submit only the following forms for payment by a health maintenance organization:

(1) CMS-1500.

(2) CMS-1450 (UB-04).

(3) American Dental Association (ADA) claim form.

As added by P.L.162-2001, SEC.6. Amended by P.L.208-2018, SEC.32.
Ind. Code § 27-1-12.1-9 — Indiana Code / Title 27 / Article 1 / Chapter 12.1 / Section 27-1-12.1-9
Authority of limited purpose subsidiary
Status: in_force

Sec. 9. A limited purpose subsidiary that is granted a certificate of authority by the commissioner under this chapter:

(1) is authorized to engage in the business of reinsurance for purposes of IC 27-6-10.1 only for the lines of insurance for which the:

(A) organizing domestic life insurance company; and

(B) affiliates of the organizing domestic life insurance company;

are authorized;

(2) may reinsure only risks of:

(A) the organizing domestic life insurance company; and

(B) affiliates of the organizing domestic life insurance company; and

(3) may access alternative forms of financing.

As added by P.L.11-2011, SEC.7. Amended by P.L.115-2011, SEC.3; P.L.130-2020, SEC.3.
Ind. Code § 27-8-5.8-5 — Indiana Code / Title 27 / Article 8 / Chapter 5.8 / Section 27-8-5.8-5
"Health plan information card"; indication of health benefits; rules
Status: in_force

Sec. 5. (a) As used in this section, "health plan information card" means a card that:

(1) an insurer of an accident and sickness insurance policy; or

(2) a third party administrator of a self-insured plan;

provides to an individual so that the individual may present the card to establish the eligibility of the individual or the individual's dependents to receive health benefits or services.

(b) Subject to subsection (c), a health plan information card must indicate that the health benefits and services are provided by:

(1) an insurer of an accident and sickness insurance policy; or

(2) a third party administrator of a self-insured plan.

(c) Subsection (b) applies only to a health plan information card issued:

(1) initially to a new insured; or

(2) to an insured at the time of the insured's policy renewal;

after June 30, 2020.

(d) The department of insurance shall adopt rules under IC 4-22-2 to ensure compliance with this section.

As added by P.L.111-2020, SEC.11.
Ind. Code § 27-8-11-4.5 — Indiana Code / Title 27 / Article 8 / Chapter 11 / Section 27-8-11-4.5
Permitted disclosures by providers; coverage of benefit or service; payment of provider; application
Status: in_force

Sec. 4.5. (a) An agreement between an insurer and provider under section 3 of this chapter may not prohibit a provider from disclosing:

(1) financial incentives to the provider;

(2) all treatment options available to an insured, including those not covered by the insured's policy.

(b) An insurer may not penalize a provider financially or in any other manner for making a disclosure permitted under subsection (a).

(c) An insured is not entitled to coverage of a benefit or service under a health insurance policy unless that benefit or service is included in the insured's health insurance policy.

(d) A provider is not entitled to payment under a policy for benefits or services provided to an insured unless the provider has a contract or an agreement with the insurer.

(e) This section applies to a contract entered, renewed, or modified after June 30, 1996.

As added by P.L.192-1996, SEC.1.
Ind. Code § 27-2-13-1 — Indiana Code / Title 27 / Article 2 / Chapter 13 / Section 27-2-13-1
Definitions
Status: in_force

Sec. 1. As used in this chapter:

(a) "Authorized agency" means:

(1) the state fire marshal or a fire department acting under IC 36-8-17;

(2) the superintendent of the state police;

(3) the prosecuting attorney responsible for prosecutions in the county where the fire occurred;

(4) the attorney general; and

(5) an arson investigator.

(b) "Relevant" refers to information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of a fire loss more probable or less probable than it would have been without the evidence.

(c) "Insurer" has the same meaning as in IC 27-1-2-3(x) and includes the Indiana FAIR plan.

(d) "Arson investigator" means an officer of a unit of local government whose duties include the investigation of arson.

As added by Acts 1979, P.L.253, SEC.1. Amended by P.L.139-1984, SEC.1; P.L.245-1987, SEC.16; P.L.1-2006, SEC.485.
Ind. Code § 27-8-19.8-25 — Indiana Code / Title 27 / Article 8 / Chapter 19.8 / Section 27-8-19.8-25
Standards for evaluation of reasonableness of payments under viatical settlement contract
Status: in_force

Sec. 25. The department may adopt rules under IC 4-22-2 to establish standards for evaluating the reasonableness of payments under viatical settlement contracts, including regulation of discount rates used to determine the amount paid in exchange for an assignment, a bequest, a devise, a sale, or a transfer of a benefit under a life insurance policy.

As added by P.L.130-1994, SEC.47 and P.L.116-1994, SEC.70. Amended by P.L.32-1998, SEC.30.
Ind. Code § 27-9-4-2 — Indiana Code / Title 27 / Article 9 / Chapter 4 / Section 27-9-4-2
Liquidation of assets of foreign or alien insurer; grounds; procedure; order; domiciliary proceedings; federal court proceedings; payment of claims
Status: in_force

Sec. 2. (a) If no domiciliary receiver has been appointed, the commissioner may apply to the Marion County circuit court by verified petition for an order directing him to liquidate the assets found in Indiana of a foreign insurer or an alien insurer not domiciled in Indiana, on any of the grounds:

(1) specified in IC 27-9-3-1 or IC 27-9-3-6; or

(2) specified in section 1(a)(2) through 1(a)(4).

(b) When an order is sought under subsection (a), the Marion County circuit court shall cause the insurer to be given a notice and a time to respond to the request as is reasonable under the circumstances.

(c) If it appears to the court that the best interests of creditors, policyholders, and the public require, the Marion County circuit court may issue an order to liquidate in whatever terms the court considers appropriate. The filing or recording of the order with the clerk of the Marion County circuit court or the recorder of deeds of the county in which the principal business of the company is located or the county in which its principal office or place of business is located, shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds would have imparted.

(d) If a domiciliary liquidator is appointed in a reciprocal state while a liquidation is proceeding under this section, the liquidator under this section shall act as ancillary receiver under section 4 of this chapter. If a domiciliary liquidator is appointed in a nonreciprocal state while a liquidation is proceeding under this section, the liquidator under this section may petition the Marion County circuit court for permission to act as ancillary receiver under section 4 of this chapter.

(e) On the same grounds as are specified in subsection (a), the commissioner may petition any appropriate federal district court to be appointed receiver to liquidate that part of the insurer's assets and business over which the court will exercise jurisdiction, or any lesser part of the assets that the commissioner considers desirable for the protection of the policyholders and creditors in Indiana.

(f) The district court may order the commissioner, when he has liquidated the assets of a foreign or alien insurer under this section, to pay claims of residents of Indiana against the insurer under such rules as to the liquidation of insurers under IC 27-9 as are otherwise compatible with this section.

As added by Acts 1979, P.L.255, SEC.1.
Ind. Code § 27-13-36.2-3 — Indiana Code / Title 27 / Article 13 / Chapter 36.2 / Section 27-13-36.2-3
Notice of deficiencies in claims
Status: in_force

Sec. 3. (a) A health maintenance organization shall pay or deny each clean claim in accordance with section 4 of this chapter.

(b) A health maintenance organization shall notify a provider of any deficiencies in a submitted claim not more than:

(1) thirty (30) days for a claim that is filed electronically; or

(2) forty-five (45) days for a claim that is filed on paper;

and describe any remedy necessary to establish a clean claim.

(c) Failure of a health maintenance organization to notify a provider as required under subsection (b) establishes the submitted claim as a clean claim.

As added by P.L.162-2001, SEC.6. Amended by P.L.137-2002, SEC.3.
Ind. Code § 27-7-18-14 — Indiana Code / Title 27 / Article 7 / Chapter 18 / Section 27-7-18-14
Right to contractual discounts ceases upon termination
Status: in_force

Sec. 14. The right of a third party to contractual discounts described in section 11(a)(3) of this chapter ceases as of the termination date of the provider network contract.

As added by P.L.17-2024, SEC.19.
Ind. Code § 27-2-28-5 — Indiana Code / Title 27 / Article 2 / Chapter 28 / Section 27-2-28-5
"Insurer"
Status: in_force

Sec. 5. As used in this chapter, "insurer" refers to an insurer (as defined in IC 27-1-2-3) that issues a personal automobile or homeowner's policy.

As added by P.L.226-2023, SEC.20.
Ind. Code § 27-1-40-6 — Indiana Code / Title 27 / Article 1 / Chapter 40 / Section 27-1-40-6
United States branch filing requirements
Status: in_force

Sec. 6. (a) A United States branch shall file with the commissioner, not later than March 1, May 15, August 15, and November 15 of each year, all of the following:

(1) Statements of the insurance business transacted in the United States, the assets held by or for the United States branch in the United States for the protection of policyholders and creditors in the United States, and the liabilities incurred against the assets. All of the following apply to the statements filed under this subdivision:

(A) The statements must contain information concerning only the United States branch's assets and insurance business in the United States.

(B) The statements must be in the same form as statements required of a domestic company that possesses a certificate of authority to transact the same kinds of insurance business as the United States branch transacts.

(C) The statements must be filed as follows:

(i) Quarterly statements filed not later than May 15, August 15, and November 15 of each year for the first three (3) quarters of the calendar year.

(ii) An annual statement, filed not later than March 1 of each year.

(2) A trusteed surplus statement, in a form prescribed by the commissioner, at the end of the period covered by each statement described in subdivision (1)(C). In determining the net amount of the United States branch's liabilities in the United States to be reported in the statement of trusteed surplus, the United States branch shall make adjustments to total liabilities reported on the accompanying annual or quarterly statement as follows:

(A) Add back liabilities used to offset admitted assets reported in the accompanying quarterly or annual statement.

(B) Deduct:

(i) unearned premiums on insurance producer balances or uncollected premiums that are not more than ninety (90) days past due;

(ii) losses reinsured by reinsurers authorized to do business in Indiana, less unpaid reinsurance premiums to be paid to the authorized reinsurers;

(iii) reinsurance recoverables on paid losses from reinsurers not authorized to do business in Indiana that are included as an asset in the annual statement, but only to the extent that a liability for the unauthorized recoverables is included in the liabilities report in the trusteed surplus statement;

(iv) special state deposits held for the exclusive benefit of policyholders of a particular state that do not exceed net liabilities reports for the particular state;

(v) secured accrued retrospective premiums;

(vi) if the alien company transacting business through the United States branch is a life insurer, the amount of the alien company's policy loans to policyholders in the United States, not exceeding the amount of legal reserve required on each policy, and the net amount of uncollected and deferred premiums; and

(vii) any other nontrust asset that the commissioner determines secures liabilities in a manner substantially similar to the manner in which liabilities are secured by the unearned premiums, losses reinsured, reinsurance recoverables, special state deposits, secured accrued retrospective premiums, and policy loans referred to in items (i) through (vi).

(3) Any additional information that relates to the business or assets of the alien company and is required by the commissioner.

(b) The annual statement and trusteed surplus statement described in subsection (a) must be signed and verified by the United States manager, the attorney in fact, or an empowered assistant United States manager, of the United States branch. Items of securities and other property held under a trust agreement must be certified in the trusteed surplus statement by the United States trustees.

(c) Each report concerning an examination of a United States branch conducted under section 4(i) of this chapter must include a trusteed surplus statement as of the date of examination and a general statement of the financial condition of the United States branch.

As added by P.L.173-2007, SEC.20.
Ind. Code § 27-10-1-5 — Indiana Code / Title 27 / Article 10 / Chapter 1 / Section 27-10-1-5
"Commissioner"
Status: in_force

Sec. 5. "Commissioner" means the insurance commissioner.

As added by P.L.261-1985, SEC.1.
Ind. Code § 27-1-37.6-11 — Indiana Code / Title 27 / Article 1 / Chapter 37.6 / Section 27-1-37.6-11
"Pay for performance arrangement"
Status: in_force

Sec. 11. As used in this chapter, "pay for performance arrangement" means a reimbursement model that reimburses health care providers for meeting predefined targets as defined in the agreement for quality indicators or efficacy parameters to increase the quality or efficacy of care.

As added by P.L.203-2023, SEC.19.
Ind. Code § 27-2-22-6 — Indiana Code / Title 27 / Article 2 / Chapter 22 / Section 27-2-22-6
"Retained asset account"
Status: in_force

Sec. 6. As used in this chapter, "retained asset account" means a mechanism through which the settlement of proceeds payable under a policy occurs by the insurer's deposit of the proceeds into a checking or draft account:

(1) in which the proceeds are retained by the insurer; and

(2) under a contract that is supplemental to the policy and does not involve annuity benefits.

As added by P.L.67-2011, SEC.1.
Ind. Code § 27-13-21-1 — Indiana Code / Title 27 / Article 13 / Chapter 21 / Section 27-13-21-1
Licensing of insurance producer
Status: in_force

Sec. 1. To qualify to represent a health maintenance organization or a limited service health maintenance organization, an insurance producer shall be licensed with an accident and health or sickness qualification under IC 27-1-15.6-7.

As added by P.L.26-1994, SEC.25. Amended by P.L.132-2001, SEC.18; P.L.178-2003, SEC.86.
Ind. Code § 27-8-19.8-6.5 — Indiana Code / Title 27 / Article 8 / Chapter 19.8 / Section 27-8-19.8-6.5
"Viaticated policy" defined
Status: in_force

Sec. 6.5. As used in this chapter, "viaticated policy" means a life insurance policy or certificate that has been acquired by a viatical settlement provider under a viatical settlement contract.

As added by P.L.32-1998, SEC.7.
Ind. Code § 27-1-12.6-2 — Indiana Code / Title 27 / Article 1 / Chapter 12.6 / Section 27-1-12.6-2
Calculation of paid-up nonforfeiture benefits
Status: in_force

Sec. 2. Each annuity contract shall contain a brief and general statement of the method to be used in calculating the paid-up nonforfeiture benefits available under the contract.

As added by Acts 1977, P.L.286, SEC.2.
Ind. Code § 27-15-5-6 — Indiana Code / Title 27 / Article 15 / Chapter 5 / Section 27-15-5-6
Proxy voting
Status: in_force

Sec. 6. Notwithstanding IC 27-1-7-9, a member may vote by proxy only if:

(1) the proxy was solicited and obtained from the member for the express purpose of voting on the plan of conversion and the amendment to the articles of incorporation; and

(2) the proxy solicitation materials were provided to and approved by the commissioner before they were mailed or provided to the member.

As added by P.L.94-1999, SEC.3.
Ind. Code § 27-8-11-7 — Indiana Code / Title 27 / Article 8 / Chapter 11 / Section 27-8-11-7
Applicability; credentialing; application; notification; response; status notification; provisional credential; retroactive reimbursement; termination
Status: in_force

Sec. 7. (a) This section applies to an insurer that issues or administers a policy that provides coverage for basic health care services (as defined in IC 27-13-1-4).

(b) As used in this section, "clean credentialing application" means an application for network participation that:

(1) is submitted by a provider under this section;

(2) does not contain an error; and

(3) may be processed by the insurer without returning the application to the provider for a revision or clarification.

(c) As used in this section, "credentialing" means a process by which an insurer makes a determination that:

(1) is based on criteria established by the insurer; and

(2) concerns whether a provider is eligible to:

(A) provide health services to an individual eligible for coverage; and

(B) receive reimbursement for the health services;

under an agreement that is entered into between the provider and the insurer.

(d) As used in this section, "unclean credentialing application" means an application for network participation that:

(1) is submitted by a provider under this section;

(2) contains at least one (1) error; and

(3) must be returned to the provider to correct the error.

(e) The department of insurance shall prescribe the credentialing application form used by the Council for Affordable Quality Healthcare (CAQH) in electronic or paper format, which must be used by:

(1) a provider who applies for credentialing by an insurer; and

(2) an insurer that performs credentialing activities.

(f) An insurer shall notify a provider concerning a deficiency on a completed unclean credentialing application form submitted by the provider not later than five (5) business days after the entity receives the completed unclean credentialing application form. A notice described in this subsection must:

(1) provide a description of the deficiency; and

(2) state the reason why the application was determined to be an unclean credentialing application.

(g) A provider shall respond to the notification required under subsection (f) not later than five (5) business days after receipt of the notice.

(h) An insurer shall notify a provider concerning the status of the provider's completed clean credentialing application when:

(1) the provider is provisionally credentialed; and

(2) the insurer makes a final credentialing determination concerning the provider.

(i) If the insurer fails to issue a credentialing determination within fifteen (15) business days after receiving a completed clean credentialing application form from a provider, the insurer shall provisionally credential the provider in accordance with the standards and guidelines governing provisional credentialing from the National Committee for Quality Assurance or its successor organization. The provisional credentialing license is valid until a determination is made on the credentialing application of the provider.

(j) Once an insurer fully credentials a provider that holds provisional credentialing and a network provider agreement has been executed, then reimbursement payments under the contract shall be paid retroactive to the date the provider was provisionally credentialed. The insurer shall reimburse the provider at the rates determined by the contract between the provider and the insurer.

(k) If an insurer does not fully credential a provider that is provisionally credentialed under subsection (i), the provisional credentialing is terminated on the date the insurer notifies the provider of the adverse credentialing determination. The insurer is not required to reimburse for services rendered while the provider was provisionally credentialed.

As added by P.L.26-2005, SEC.2. Amended by P.L.195-2018, SEC.18; P.L.190-2023, SEC.30; P.L.17-2024, SEC.20; P.L.158-2024, SEC.23.
Ind. Code § 27-1-12-14 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-14
Designation of beneficiary; change of beneficiary; eligible beneficiaries; exemption of policy proceeds from claims of creditors
Status: in_force

Sec. 14. (a) As used in this section, "premium" includes any deposit or contribution.

(b) As used in this section, "proceeds or avails" means death benefits, cash surrender and loan values, premiums waived, and dividends whether used in reduction of the premiums or in whatsoever manner used or applied, excepting only where the debtor has, subsequent to the issuance of the policy, actually elected to receive the dividends in cash.

(c) Any person whose life is insured by any life insurance company may name as his payee or beneficiary any person or persons, natural or artificial, with or without an insurable interest, or his estate. A designation at the option of the policyowner may be made either revocable or irrevocable, and the option elected shall be set out in and shall be made a part of the application for the certificate or policy of insurance. When the right of revocation has been reserved, the person whose life is insured, subject to any existing assignment of the policy, may at any time designate a new payee or beneficiary, with or without reserving the right of revocation, by filing written notice thereof at the home office of the corporation, accompanied by the policy for suitable indorsement thereon.

(d) Any person may effect an insurance on his life, for any definite period of time, or for the term of his natural life, to inure to the sole benefit of the spouse and children, or of either, or other relative or relatives dependent upon such person or any creditor or creditors as he may cause to be appointed and provided in the policy.

(e) Except as provided in subsection (g), all policies of life insurance upon the life of any person, which name as beneficiary, or are bona fide assigned to, the spouse, children, or any relative dependent upon such person, or any creditor, shall be held, subject to change of beneficiary from time to time, if desired, for the benefit of such spouse, children, other relative or creditor, free and clear from all claims of the creditors of such insured person or of the person's spouse; and the proceeds or avails of all such life insurance shall be exempt from all liabilities from any debt or debts of such insured person or of the person's spouse.

(f) A premium paid for an individual life insurance policy that names as a beneficiary, or is legally assigned to, a spouse, child, or relative who is dependent upon the policy owner is not exempt from the claims of the creditors of the policy owner if the premium is paid:

(1) not more than one (1) year before the date of the filing of a voluntary or involuntary bankruptcy petition by; or

(2) to defraud the creditors of;

the policy owner.

(g) The insurer issuing the policy is discharged from all liability by payment of the proceeds and avails of the policy in accordance with the terms of the policy unless, before payment, the insurer has received at the insurer's home office, written notice by or on behalf of a creditor of the policy owner that specifies the amount claimed against the policy owner.

Formerly: Acts 1935, c.162, s.155; Acts 1973, P.L.274, SEC.1; Acts 1975, P.L.280, SEC.1. As amended by Acts 1981, P.L.239, SEC.1; P.L.253-1995, SEC.1; P.L.82-1998, SEC.2.
Ind. Code § 27-13-1-10 — Indiana Code / Title 27 / Article 13 / Chapter 1 / Section 27-13-1-10
"Covered by a health maintenance organization"
Status: in_force

Sec. 10. "Covered by a health maintenance organization" means that a person is contractually entitled, either directly or indirectly, to health care services from the health maintenance organization.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-7-17-12 — Indiana Code / Title 27 / Article 7 / Chapter 17 / Section 27-7-17-12
"Travel assistance service"
Status: in_force

Sec. 12. As used in this chapter, "travel assistance service" means a noninsurance service for which the purchaser is not indemnified based on a fortuitous event and where providing the service does not result in a transfer or shifting of risk that would constitute the business of insurance. Travel assistance services include security advisories, destination information, vaccination and immunization information services, travel reservation services, entertainment, activity and event planning, translation assistance, emergency messaging, international legal and medical referrals, medical case monitoring, coordination of transportation arrangements, emergency cash transfer assistance, medical prescription replacement assistance, passport and travel document replacement assistance, lost luggage assistance, concierge services, and any other service that is furnished in connection with planned travel. Travel assistance services are not insurance and are not related to insurance.

As added by P.L.19-2022, SEC.5.
Ind. Code § 27-14.5-3-6 — Indiana Code / Title 27 / Article 14.5 / Chapter 3 / Section 27-14.5-3-6
Requirements for plan to issue stock in a public offering
Status: in_force

Sec. 6. A plan to issue stock in a public offering (other than an offering in a private placement or solely in connection with a consolidation, merger, share exchange, or other business combination or an offering of stock in connection with an employee benefit plan or under a stock option plan) must do the following:

(1) Provide for each eligible member to receive, without payment, nontransferable subscription rights to purchase a portion of the stock of the applicant and describe how the offering price of the stock that may be purchased was established or the method by which that price will be determined, except that subscription rights need not be granted to an eligible member who resides in a foreign country or other jurisdiction for which the commissioner determines that any registration, qualification, or filing requirements would be impracticable or unduly burdensome for reasons of cost or otherwise.

(2) Specify how subscription rights are to be allocated in whole shares of stock among the eligible members.

(3) Provide a fair and equitable means for allocating shares of stock in the event of an over-subscription to the shares by eligible members exercising subscription rights received under this chapter.

(4) Provide that any portion of shares not subject to subscription rights and any shares of stock not subscribed to by eligible members exercising subscription rights received under this chapter, or not subscribed to by an employee benefit plan or by directors, officers, and employees exercising subscription rights, will be sold:

(A) in a public offering through an underwriter;

(B) through private placement; or

(C) by any other method approved by the commissioner that is fair and equitable to members.

(5) Require a person that exercises subscription rights to:

(A) purchase at least a minimum number of shares of stock; or

(B) a minimum dollar amount of shares of stock.

(6) Require that a majority of the members of the board of directors of the mutual insurance holding company must be persons who are not officers or employees of the mutual insurance holding company or any of its subsidiaries, unless this requirement is waived by the commissioner upon a showing of good cause.

(7) Require that at least three (3) members of the board of directors of the:

(A) intermediate stock holding company; or

(B) reorganized insurer if there is no intermediate stock holding company;

of the mutual insurance holding company must be persons who are not officers or employees of the mutual insurance holding company or any of its subsidiaries, unless this requirement is waived by the commissioner upon a showing of good cause.

(8) Provide that the mutual insurance holding company will adopt articles of incorporation or articles of amendment that include a provision prohibiting the mutual insurance holding company from waiving any dividends from its subsidiaries except:

(A) under conditions specified in the articles of incorporation; and

(B) after approval of the waiver by the board of directors of the mutual insurance holding company and by the commissioner.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-8-1-18 — Indiana Code / Title 27 / Article 8 / Chapter 1 / Section 27-8-1-18
Exemption of fraternal societies
Status: in_force

Sec. 18. The provisions of this chapter shall in no way apply to any secret or fraternal society or lodge or association which, under the supervision of a grand or supreme lodge, secures membership through the lodge system exclusively, and provides insurance to its members, nor to insurance organizations of a purely benevolent character which pay no commission nor employ any paid insurance producer, organized under the laws of this or any other state.

Formerly: Acts 1883, c.136, s.18. As amended by P.L.252-1985, SEC.273; P.L.178-2003, SEC.58.
Ind. Code § 27-13-41-2 — Indiana Code / Title 27 / Article 13 / Chapter 41 / Section 27-13-41-2
Reimbursement
Status: in_force

Sec. 2. If a provider provides health care services that are covered under an individual contract or a group contract:

(1) after the date of the version specified in IC 27-1-1.5 of a diagnostic or procedure code described in section 1 of this chapter; and

(2) before the health maintenance organization or limited service health maintenance organization begins using the version of the diagnostic or procedure code;

the health maintenance organization or limited service health maintenance organization shall reimburse the provider under the version of the diagnostic or procedure code that was specified in IC 27-1-1.5 on the date that the health care services were provided.

As added by P.L.161-2001, SEC.5. Amended by P.L.124-2018, SEC.102.
Ind. Code § 27-4-6-4 — Indiana Code / Title 27 / Article 4 / Chapter 6 / Section 27-4-6-4
Failure of unauthorized foreign or alien insurer to cease unlawful advertising after notice; action under Unfair Trade Practice Act
Status: in_force

Sec. 4. If after thirty (30) days following the giving of the notice mentioned in section 3 of this chapter such insurer has failed to cease making, issuing, or circulating such misrepresentations or causing the same to be made, issued, or circulated in this state, and if the commissioner has reason to believe that a proceeding by him in respect to such matters would be to the interest of the public, and that such insurer is issuing or delivering contracts of insurance to residents of this state or collecting premiums on such contracts or doing any of the acts enumerated in section 5 of this chapter, he shall take action against such insurer under IC 27-4-1.

Formerly: Acts 1963, c.163, s.4. As amended by P.L.252-1985, SEC.173.
Ind. Code § 27-1-36-38 — Indiana Code / Title 27 / Article 1 / Chapter 36 / Section 27-1-36-38
Consultants to commissioner
Status: in_force

Sec. 38. (a) The commissioner may retain actuaries, investment experts, and other consultants that the commissioner determines to be necessary to:

(1) review the insurer's RBC plan or revised RBC plan;

(2) examine or analyze the assets, liabilities, and operations of the insurer; and

(3) formulate the corrective order with respect to the insurer.

(b) The reasonable costs and expenses relating to consultants shall be paid by the affected insurer or another party, as directed by the commissioner.

As added by P.L.186-1996, SEC.1.
Ind. Code § 27-1-12-6 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-6
Required provisions of policies after transition date or January 1, 1948
Status: in_force

Sec. 6. (a) No policy of life insurance, other than industrial insurance, group life insurance or reinsurance, bearing a date of issue which is the same as or later than a transition date to be selected by the company pursuant to section 12 of this chapter, such transition date in no event to be later than January 1, 1948, shall be delivered or issued for delivery in this state or issued by a company organized under the laws of this state unless the same shall provide the following:

(1) That all premiums shall be payable in advance, either at the home office of the company, or to an agent of the company, upon delivery of a receipt signed by one (1) or more of the officers who shall be designated in the policy.

(2) For a grace period of not less than thirty (30) days for the payment of every premium after the first premium, which may be subject to an interest charge, during which period the insurance shall continue in force; provided, that if the insured shall die within such period of grace the unpaid premium for the current policy year may be deducted in any settlement under the policy.

(3) That the policy, together with the application therefor, a copy of which application shall be attached to the policy and made a part thereof, shall constitute the entire contract between the parties and shall be incontestable after it shall have been in force during the lifetime of the insured for two (2) years from its date, or, at the option of the company after it shall have been in force for two (2) years from its date, except for nonpayment of premiums, and except for violation of the conditions of the policy relating to naval and military service in time of war, and at the option of the company provisions relative to benefits in the event of total and permanent disability and provisions which grant additional insurance specifically against death by accident may also be excepted.

(4) That if the age of the insured and/or beneficiary, if that age enters into the determination of the premiums charged or benefits promised, has been misstated, the amount payable under the policy shall be such as the premium would have purchased at the correct age of the insured and/or beneficiary.

(5) That all statements made by the insured in the application shall, in the absence of fraud, be deemed representations and not warranties.

(6) That, in the case of participating policies, the policy shall participate in the surplus of the company as apportioned by the board of directors of the company, and that, beginning not later than the end of the fifth policy year, the company will determine and account for the portion of the divisible surplus so ascertained accruing on the policy, and that the owner of the policy shall have the right to have the current dividends arising from such participation paid in cash, and that at periods of not more than five (5) years, such accounting and payment at the option of the policyholder shall be had. The owner of the policy may elect to take any of the other dividend options in the policy. If the owner of the policy shall not elect any of the other dividend options provided in the policy, the apportioned dividends shall be held to the credit of the policy and be payable in cash at maturity of the policy or be withdrawable in cash at any anniversary of its date; provided, however, that if the policy shall contain a provision for an apportionment of the surplus at the end of the first policy year and annually thereafter, then and in that event, said policy may provide that each dividend shall be paid subject to the payment of the premium of the next ensuing year.

(7) Nonforfeiture provisions in accordance with the requirements of section 7 of this chapter.

(8) That the company, at any time while the policy is in force, will loan, on the execution of a proper assignment of the policy, and on the sole security thereof, at a specified rate of interest (payable in advance if the company so elects), a sum, which, together with the sum of:

(A) previously existing indebtedness, if any, including interest thereon to the end of the current policy year; and

(B) interest to the end of the current policy year on the amount newly loaned;

is equal to or, at the option of the insured, less than the cash surrender value at the end of the current policy year as provided for by the policy in accordance with the terms of section 7 of this chapter; provided, that the company may, as a condition precedent to the making of such loan, and at its own option, require the payment of the unpaid balance, if any, of the premium or premiums for the current policy year, and may require the payment of interest in advance on the total loan to the end of the current policy year. The policy may provide that, if interest on the loan is not paid when due, it shall be added to the existing loan and become a part thereof and bear interest at the same rate as the loan. It shall further be stipulated in the policy that failure to repay any such loan or pay interest thereon shall not void the policy unless such total indebtedness to the company shall equal or exceed such cash surrender value at the time of such failure, nor until thirty (30) days after notice shall have been mailed by the company to the last known address of the insured and to the assignee, if any, if such assignee has notified the company of the assignee's address. No condition other than as provided in this subdivision shall be exacted as prerequisite to any such loan. The company shall reserve the right to defer the granting of any loan, except when made to pay premiums on a policy or policies issued by it, for six (6) months after application therefor is made. The provisions of this subdivision shall not be required in term policies nor shall they apply to paid-up insurance issued or granted in exchange for lapsed or surrendered policies.

(9) That, should there have been default in premium payment and the value of the policy applied to the extension of the insurance, and such insurance be in force and the original policy not surrendered to the company and canceled, the policy may be reinstated within three (3) years from the due date of the premium in default, upon evidence of insurability satisfactory to the company and payment of arrears of premiums with interest.

(10) That when a policy shall become a claim by the death of the insured, settlement shall be made upon receipt of due proof of death and of the interest of the claimant and not later than two (2) months after receipt of such proof.

(11) A title on the face and on the back of the policy describing the same.

(b) Any of the provisions of subsection (a) not applicable to single premium policies shall to that extent not be incorporated in a single premium policy. The provisions of subsection (a) shall not apply to policies issued on substandard, underaverage, or impaired risks. Any policy may be issued or delivered in this state which in the opinion of the department contains provisions on any one (1) or more of the several requirements of subsection (a) more favorable to the policyholder than those required in subsection (a).

Formerly: Acts 1935, c.162, s.151A; Acts 1943, c.189, s.2; Acts 1959, c.146, s.1. As amended by P.L.252-1985, SEC.61; P.L.136-2018, SEC.157.
Ind. Code § 27-5.1-4-6 — Indiana Code / Title 27 / Article 5.1 / Chapter 4 / Section 27-5.1-4-6
Policyholder surplus
Status: in_force

Sec. 6. The following requirements apply to the policyholder surplus of an extended company:

(1) The articles of incorporation of the extended company must provide for the existence, maintenance, and use of the policyholder surplus.

(2) The policyholder surplus may be used only for the payment of losses and expenses considered necessary by the board of directors of the extended company.

(3) The existence or maintenance of the policyholder surplus does not relieve a policyholder of any assessment or other obligation that the:

(A) policyholder owes to the extended company; or

(B) extended company has levied against the policyholder.

(4) If the extended company is dissolved, the policyholder surplus must be treated in the same manner as any other asset of the extended company.

As added by P.L.129-2003, SEC.8.
Ind. Code § 27-1-24.6-5 — Indiana Code / Title 27 / Article 1 / Chapter 24.6 / Section 27-1-24.6-5
"Plan sponsor"
Status: in_force

Sec. 5. As used in this chapter, "plan sponsor" means:

(1) an employer or organization that offers health insurance coverage to its employees or members under a health plan; or

(2) for purposes of an individual policy of accident and sickness insurance or an individual contract, the policyholder.

As added by P.L.216-2025, SEC.41.
Ind. Code § 27-1-41-4 — Indiana Code / Title 27 / Article 1 / Chapter 41 / Section 27-1-41-4
"Group insurance policy"
Status: in_force

Sec. 4. As used in this chapter, "group insurance policy" means a policy of insurance that provides personal excess liability insurance or personal umbrella liability insurance to participating group members under one (1) master policy:

(1) that is issued to the group administrator; and

(2) under which individual certificates are issued to each participating group member.

As added by P.L.32-2012, SEC.2.
Ind. Code § 27-8-13-15 — Indiana Code / Title 27 / Article 8 / Chapter 13 / Section 27-8-13-15
Informational brochures
Status: in_force

Sec. 15. (a) The commissioner may prescribe by rule adopted under IC 4-22-2 a standard form and the contents of an informational brochure for persons eligible for Medicare that is intended to improve the buyer's ability to select the most appropriate coverage and improve the buyer's understanding of Medicare.

(b) Except in the case of direct response insurance policies, the commissioner may require by rule adopted under IC 4-22-2 that the information brochure be provided to a prospective insured eligible for Medicare concurrently with delivery of the outline of coverage required under section 14 of this chapter.

(c) With respect to direct response insurance policies, the commissioner may require by rule adopted under IC 4-22-2 that the prescribed brochure be provided upon request to a prospective insured eligible for Medicare, but not later than the time of policy delivery.

As added by P.L.255-1989, SEC.12. Amended by P.L.126-1992, SEC.12.
Ind. Code § 27-7-3.7-3 — Indiana Code / Title 27 / Article 7 / Chapter 3.7 / Section 27-7-3.7-3
"Escrow transaction"
Status: in_force

Sec. 3. (a) As used in this chapter, "escrow transaction" means a transaction in which a person deposits with a closing agent funds that are to be held until:

(1) a specified event occurs; or

(2) the performance of a prescribed condition;

in connection with the purchase, sale, or financing of an interest in real estate.

(b) The term does not include a loan financing if:

(1) the only parties to the loan transaction are the lender and the borrower; and

(2) the lender is responsible for disbursing all of the funds to the borrower or to a third party in order to pay fees and charges associated with the loan transaction.

As added by P.L.92-2009, SEC.1.
Ind. Code § 27-13-2-7 — Indiana Code / Title 27 / Article 13 / Chapter 2 / Section 27-13-2-7
Certificate of authority application; approval of modifications or amendments
Status: in_force

Sec. 7. Any modification or amendment requiring the approval of the commissioner under rules adopted under section 6 of this chapter is considered approved unless the commissioner disapproves the modification or amendment not more than thirty (30) days after the modification or amendment is submitted. However, the commissioner may postpone the action, if necessary for proper consideration, and if the commissioner gives written notice of the postponement to the applicant before the expiration of the thirty (30) day period.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-1-24.5-29 — Indiana Code / Title 27 / Article 1 / Chapter 24.5 / Section 27-1-24.5-29
Report
Status: in_force

Sec. 29. (a) At least every six (6) months, a pharmacy benefit manager shall provide a report to the department.

(b) A report under subsection (a) must include the:

(1) overall aggregate amount charged to a health plan for all pharmaceutical claims processed by the pharmacy benefit manager; and

(2) overall aggregate amount paid to pharmacies for claims processed by the pharmacy benefit manager.

(c) Upon request, the department shall make a report received under subsection (a) available to the members of the general assembly in an electronic format under IC 5-14-6.

As added by P.L.166-2023, SEC.1.
Ind. Code § 27-8-31-15 — Indiana Code / Title 27 / Article 8 / Chapter 31 / Section 27-8-31-15
Withdrawal of compacting state; reinstatement
Status: in_force

Sec. 15. (a) Once effective, the compact continues in force and remains binding upon each compacting state. However, a compacting state may withdraw from the compact by enacting a statute specifically repealing the statute that enacted the compact into law.

(b) The effective date of withdrawal is the effective date of the repealing statute. However, the withdrawal does not apply to any product filings approved or self-certified, or any advertisement of products, on the date the repealing statute becomes effective, except by mutual agreement of the commission and the withdrawing state, unless the approval is rescinded by the withdrawing state as provided in subsection (e).

(c) The commissioner of the withdrawing state shall immediately notify the management committee in writing upon the introduction of legislation repealing this compact in the withdrawing state.

(d) The commission shall notify the other compacting states of the introduction of the legislation within ten (10) days after the commission's receipt of notice of the introduction of the legislation.

(e) The withdrawing state is responsible for all obligations, duties, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal, except to the extent those obligations may have been released or relinquished by mutual agreement of the commission and the withdrawing state. The commission's approval of products and advertisement before the effective date of withdrawal shall continue to be effective and be given full force and effect in the withdrawing state, unless formally rescinded by the withdrawing state in the same manner as provided by the laws of the withdrawing state for the prospective disapproval of products or advertisement previously approved under state law.

(f) Reinstatement following withdrawal of any compacting state occurs on the effective date of the withdrawing state reenacting the compact.

As added by P.L.138-2005, SEC.3.
Ind. Code § 27-2-9.1-2 — Indiana Code / Title 27 / Article 2 / Chapter 9.1 / Section 27-2-9.1-2
"Health plan"
Status: in_force

Sec. 2. As used in this chapter, "health plan" means a plan that is compliant with the PPACA and offered by an insurer to provide, deliver, arrange for, pay for, or reimburse the cost of health care items or services. The term includes the following:

(1) A policy of accident and sickness insurance (as defined in IC 27-8-5-1).

(2) An individual contract (as defined by IC 27-13-1-21) and a group contract (as defined by IC 27-13-1-16).

As added by P.L.114-2020, SEC.17.
Ind. Code § 27-8-20-7 — Indiana Code / Title 27 / Article 8 / Chapter 20 / Section 27-8-20-7
Exclusion of coverage for drugs not approved by the FDA; limitations
Status: in_force

Sec. 7. An insurance policy or a health maintenance organization that provides coverage for drugs may not exclude coverage of a covered drug for a particular indication on the grounds that the drug has not been approved by the federal Food and Drug Administration for the particular indication if any of the following conditions are met:

(1) The drug is recognized for treatment of the indication in at least one (1) standard reference compendium.

(2) The drug is recommended for that particular type of cancer and found to be safe and effective in formal clinical studies, the results of which have been published in a peer reviewed professional medical journal published in the United States or Great Britain.

As added by P.L.277-1993(ss), SEC.120. Amended by P.L.26-1994, SEC.20.
Ind. Code § 27-7-2-39 — Indiana Code / Title 27 / Article 7 / Chapter 2 / Section 27-7-2-39
Appointment and compensation of personnel; appropriation
Status: in_force

Sec. 39. The commissioner shall appoint such deputies, examiners, actuaries, assistants, and other employees in the department of insurance as may be found necessary to carry out the provisions of this chapter and fix the compensation thereof, subject to the approval of the state budget agency. There is hereby appropriated out of funds not otherwise appropriated in the general fund such sums as may be necessary to carry out the provisions of this chapter.

Formerly: Acts 1935, c.323, s.38a. As amended by P.L.252-1985, SEC.246; P.L.100-2012, SEC.66.
Ind. Code § 27-11-1-5 — Indiana Code / Title 27 / Article 11 / Chapter 1 / Section 27-11-1-5
"Certificate" defined
Status: in_force

Sec. 5. "Certificate" means the document issued as written evidence of the benefit contract.

As added by P.L.262-1985, SEC.1.
Ind. Code § 27-1-35-6 — Indiana Code / Title 27 / Article 1 / Chapter 35 / Section 27-1-35-6
"Controlling producer" defined
Status: in_force

Sec. 6. As used in this chapter, "controlling producer" means a producer that, directly or indirectly, controls an insurer.

As added by P.L.130-1994, SEC.36 and P.L.116-1994, SEC.47.
Ind. Code § 27-13-34-26 — Indiana Code / Title 27 / Article 13 / Chapter 34 / Section 27-13-34-26
Complaints; records
Status: in_force

Sec. 26. (a) The department shall maintain records concerning complaints filed against a limited service health maintenance organization that provides dental care services.

(b) The department shall classify complaints described in subsection (a) in categories according to the NAIC standardized complaint report procedures or standardized complaint report procedures established by the department in rules adopted under IC 4-22-2.

(c) The department shall classify the disposition of complaints in each category by:

(1) number of complaints for which corrective action is considered necessary by the department; and

(2) number of complaints classified by NAIC disposition codes or standardized disposition codes established by the department in rules adopted under IC 4-22-2.

(d) The department shall make information specified in this section available to the public in a form that does not identify any specific individual.

(e) A limited service health maintenance organization that provides dental care services may not take any retaliatory action, including cancellation or refusal to renew a participating provider contract, individual contract, or group contract, solely because a participating provider, enrollee, or individual or group contract holder files a complaint against the limited service health maintenance organization.

As added by P.L.91-2000, SEC.2. Amended by P.L.124-2018, SEC.97.
Ind. Code § 27-1-30.4-3 — Indiana Code / Title 27 / Article 1 / Chapter 30.4 / Section 27-1-30.4-3
"Property and casualty insurance company"
Status: in_force

Sec. 3. As used in this chapter, "property and casualty insurance company" means a company authorized to make one (1) or more types of property or casualty insurance.

As added by P.L.165-2022, SEC.5.
Ind. Code § 27-1-1.5-31 — Indiana Code / Title 27 / Article 1 / Chapter 1.5 / Section 27-1-1.5-31
"Uniform Application for Business Entity Adjusters"
Status: in_force

Sec. 31. "Uniform Application for Business Entity Adjusters" refers to the document entitled "Uniform Application for Business Entity Adjuster License/Registration" that is:

(1) published by the NAIC; and

(2) in effect on January 1, 2018.

As added by P.L.124-2018, SEC.1.
Ind. Code § 27-4-1.5-4 — Indiana Code / Title 27 / Article 4 / Chapter 1.5 / Section 27-4-1.5-4
"Insurer" defined
Status: in_force

Sec. 4. As used in this chapter, "insurer" has the meaning set forth in IC 27-1-2-3.

As added by P.L.194-1991, SEC.2.
Ind. Code § 27-11-4-1 — Indiana Code / Title 27 / Article 11 / Chapter 4 / Section 27-11-4-1
Application of chapter
Status: in_force

Sec. 1. A domestic society organized after December 31, 1985, shall be formed under this chapter.

As added by P.L.262-1985, SEC.1.
Ind. Code § 27-13-7-20 — Indiana Code / Title 27 / Article 13 / Chapter 7 / Section 27-13-7-20
Prohibition on chemotherapy coverage limitations
Status: in_force

Sec. 20. (a) This section applies to an individual contract or a group contract that provides coverage for both of the following:

(1) Orally administered cancer chemotherapy.

(2) Cancer chemotherapy that is administered intravenously or by injection.

(b) As used in this section, "cancer chemotherapy" means medication that is prescribed by a physician to kill or slow the growth of cancer cells.

(c) Coverage for orally administered cancer chemotherapy under an individual contract or a group contract must not be subject to dollar limits, copayments, deductibles, or coinsurance provisions that are less favorable to an enrollee than the dollar limits, copayments, deductibles, or coinsurance provisions that apply to coverage for cancer chemotherapy that is administered intravenously or by injection under the individual contract or group contract.

As added by P.L.46-2009, SEC.2.
Ind. Code § 27-8-12-12 — Indiana Code / Title 27 / Article 8 / Chapter 12 / Section 27-8-12-12
No obligation return period; notice
Status: in_force

Sec. 12. (a) An individual long term care insurance policyholder may return the policy within thirty (30) days of its delivery and have the premium refunded if, after examination of the policy, the policyholder is not satisfied for any reason.

(b) Each individual long term care insurance policy must have prominently printed on, or attached to, its first page a notice setting forth in substance the provisions of subsection (a).

As added by P.L.275-1987, SEC.1. Amended by P.L.114-1991, SEC.15.
Ind. Code § 27-1-3.1-10 — Indiana Code / Title 27 / Article 1 / Chapter 3.1 / Section 27-1-3.1-10
Reports
Status: in_force

Sec. 10. (a) All examination reports shall be comprised of only:

(1) facts:

(A) appearing upon the books, records, or other documents of the company; and

(B) ascertained from the agents or other persons examined, or as ascertained from the testimony of its officers or agents or other persons examined concerning the affairs of the company; and

(2) conclusions and recommendations that the examiners find reasonably warranted from those facts.

(b) No more than sixty (60) days after the completion of the examination, the examiner in charge shall file with the department a verified written report of examination under oath. Upon receipt of the verified report, the department shall transmit the report to the company examined, together with a notice that affords such company examined a reasonable opportunity of not more than thirty (30) days to make a written submission or rebuttal with respect to any matters contained in the examination report. The thirty (30) day period may be extended if the commissioner, in the commissioner's sole discretion, determines that an extension is appropriate or necessary.

As added by P.L.26-1991, SEC.5. Amended by P.L.130-1994, SEC.9; P.L.116-1994, SEC.13.
Ind. Code § 27-1-19-2 — Indiana Code / Title 27 / Article 1 / Chapter 19 / Section 27-1-19-2
Articles of reorganization; adoption by directors; contents
Status: in_force

Sec. 2. (a) The board of directors of any such company desiring to reorganize under this article shall, after full compliance with the laws of state, territory, or insular possession of the United States, or the District of Columbia, under which the company was incorporated or organized, by a resolution adopted by a majority vote of the members of such board, approve and adopt articles of reorganization setting forth:

(1) the name of the company;

(2) the location of its principal office and the location of its proposed principal office in this state;

(3) the date of its incorporation or organization;

(4) a designation of the statute under which it was organized;

(5) a declaration that it accepts all of the terms and provisions of this article; and

(6) a restatement of such provisions of its articles of incorporation or association as may be deemed advisable so long as the provisions restated would have been authorized by this article as provisions of original articles of incorporation for a company organized under this article.

(b) Upon the approval and adoption thereof by the board of directors, the articles of reorganization shall be executed and signed in triplicate originals by the president and the secretary of the company, and acknowledged and sworn to before an officer authorized to take the acknowledgments of deeds by the officers signing the same.

Formerly: Acts 1935, c.162, s.241. As amended by P.L.252-1985, SEC.82.
Ind. Code § 27-1-12-30 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-30
Group life insurance; assignment of incidents of ownership
Status: in_force

Sec. 30. No provision of this article or of any other law shall be construed as prohibiting an insured under a group insurance policy, pursuant to agreement among the insured, the group policyholder and the insurer, from making an assignment of all or any part of the incidents of ownership held by the insured under such policy, including specifically but not by way of limitation, any right to designate a beneficiary thereunder and any right to have an individual policy issued in accordance with provisions (8) and (9) of section 28 of this chapter. All such assignments, whether made prior to or subsequent to August 18, 1969, shall be valid for the purpose of vesting in the assignee thereof all the incidents of ownership so assigned, and shall entitle the insurer to deal with the assignee as the owner thereof in accordance with the provisions of said policy, but without prejudice to the insurer on account of any payment made or individual policy issued prior to receipt by the insurer of such notice as may be required by the provisions of the policy.

Formerly: Acts 1935, c.162, s.168.1; Acts 1969, c.327, s.2. As amended by P.L.252-1985, SEC.64.
Ind. Code § 27-7-18-13 — Indiana Code / Title 27 / Article 7 / Chapter 18 / Section 27-7-18-13
Notification of termination
Status: in_force

Sec. 13. A contracting entity that is a party to a provider network contract shall notify a third party granted third party access as described in section 11(a) of this chapter of the termination of the provider network contract not more than thirty (30) days after the date of the termination.

As added by P.L.17-2024, SEC.19.
Ind. Code § 27-1-27-9 — Indiana Code / Title 27 / Article 1 / Chapter 27 / Section 27-1-27-9
Practice of law prohibited
Status: in_force

Sec. 9. A public adjuster may not:

(1) engage in the practice of law;

(2) deal directly with any claimant represented by an attorney at law without the consent of the attorney;

(3) advise a claimant to refrain from seeking legal advice or retaining counsel; or

(4) in the case where legal counsel is desired by claimants, advise the retention of specific attorneys or law firms.

As added by P.L.257-1983, SEC.1.
Ind. Code § 27-8-5-4 — Indiana Code / Title 27 / Article 8 / Chapter 5 / Section 27-8-5-4
Effect of other policy provisions or policy conflicting with chapter
Status: in_force

Sec. 4. (a) No policy provision which is not subject to section 3 of this chapter shall make a policy, or any portion thereof, less favorable in any respect to the insured or the beneficiary than the provisions thereof which are subject to this chapter.

(b) A policy delivered or issued for delivery to any person in this state in violation of this chapter shall be held valid but shall be construed as provided in this chapter. When any provision in a policy subject to this chapter is in conflict with any provision of this chapter, the rights, duties, and obligations of the insurer, the insured, and the beneficiary shall be governed by the provisions of this chapter.

Formerly: Acts 1953, c.15, s.169.4. As amended by P.L.252-1985, SEC.303.
Ind. Code § 27-7-2-20 — Indiana Code / Title 27 / Article 7 / Chapter 2 / Section 27-7-2-20
Adherence to approved rules, forms, plans, and systems; annual reports
Status: in_force

Sec. 20. (a) Every company shall adhere to manual rules, policy forms, a statistical plan, a classification system, and experience rating plan filed by the bureau and approved by the commissioner.

(b) The commissioner shall designate the bureau to assist in gathering, compiling, and reporting relevant statistical information. Every company shall record and report its worker's compensation experience to the bureau according to the statistical plan approved by the commissioner. The report shall include any deviation from the filed recommended minimum premiums and rates, in total and by classification. The bureau shall annually submit data concerning these deviations to the department. Upon receipt, the department shall evaluate the data and prepare a report concerning the effect of competitive rating in Indiana. The department shall make the report available not later than October 31 of each year.

(c) Every company shall adhere to the approved manual rules, policy forms, statistical plan, classification system, and experience rating plan in the recording and reporting of data to the bureau.

(d) Copies of all approved classifications, rules, and forms shall be provided to the worker's compensation board.

Formerly: Acts 1935, c.323, s.20. As amended by P.L.28-1988, SEC.95; P.L.249-1989, SEC.8; P.L.91-1998, SEC.8.
Ind. Code § 27-13-23-5 — Indiana Code / Title 27 / Article 13 / Chapter 23 / Section 27-13-23-5
Expenses of examination
Status: in_force

Sec. 5. The expenses incurred by the commissioner in conducting an examination under this chapter must be paid by the health maintenance organization being examined.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-8-5.9-8 — Indiana Code / Title 27 / Article 8 / Chapter 5.9 / Section 27-8-5.9-8
Similarly situated individuals
Status: in_force

Sec. 8. An insurer shall not, as a condition of enrollment or continued enrollment in a short term insurance plan, require an individual to pay a premium or contribution greater than the premium or contribution for a similarly situated individual enrolled in the short term insurance plan on the basis of a health status related factor in relation to the individual or a dependent of the individual.

As added by P.L.288-2019, SEC.7.
Ind. Code § 27-6-8-0.1 — Indiana Code / Title 27 / Article 6 / Chapter 8 / Section 27-6-8-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. (a) The amendments made to sections 4 and 7 of this chapter by P.L.163-1988 apply to cases involving an order of liquidation entered after June 30, 1988. For cases involving an order of liquidation entered before July 1, 1988, the laws that apply are sections 4 and 7 of this chapter, as in effect before July 1, 1988, as if P.L.163-1988 had not been enacted.

(b) The amendments made to sections 4, 5, 6, 7, 8, 11, and 11.5 of this chapter during the 2013 regular session of the general assembly do not apply to the following:

(1) A member insurer that has been placed under an order of rehabilitation or liquidation before July 1, 2013.

(2) The association's obligations under this chapter with respect to a covered claim filed by a claimant or member insurer that has a coverage date before July 1, 2013.

The law of this chapter that applies to a member insurer described in subdivision (1) or to the association's obligations described in subdivision (2) is the law of this chapter as in effect before July 1, 2013, as if the amendments made to sections 4, 5, 6, 7, 8, 11, and 11.5 of this chapter during the 2013 regular session of the general assembly had not been made.

As added by P.L.220-2011, SEC.432. Amended by P.L.52-2013, SEC.1.
Ind. Code § 27-1-1.5-22 — Indiana Code / Title 27 / Article 1 / Chapter 1.5 / Section 27-1-1.5-22
"NAIC"
Status: in_force

Sec. 22. "NAIC" refers to the National Association of Insurance Commissioners.

As added by P.L.124-2018, SEC.1.
Ind. Code § 27-1-7.5-5 — Indiana Code / Title 27 / Article 1 / Chapter 7.5 / Section 27-1-7.5-5
"Official capacity" defined
Status: in_force

Sec. 5. (a) As used in this chapter, "official capacity" means:

(1) when used with respect to a director, the office of director in a corporation; and

(2) when used with respect to an individual other than a director, as contemplated in section 13 of this chapter, the office in a corporation held by the officer or the employment or agency relationship undertaken by the employee or agent on behalf of the corporation.

(b) The term does not include service for any other foreign or domestic corporation or any partnership, joint venture, trust, employee benefit plan, or other enterprise, whether for profit or not.

As added by P.L.266-1987, SEC.6. Amended by P.L.5-1988, SEC.141.
Ind. Code § 27-1-24.2-1 — Indiana Code / Title 27 / Article 1 / Chapter 24.2 / Section 27-1-24.2-1
Applicability
Status: in_force

Sec. 1. (a) This chapter applies to a policy or contract that is issued, delivered, entered into, renewed, or amended after December 31, 2025.

(b) This chapter does not apply to the following:

(1) Medicaid or a managed care organization (as defined in IC 12-7-2.1-218).

(2) Except as provided in section 18 of this chapter, a state employee health plan (as defined in IC 5-10-8-6.7).

As added by P.L.189-2025, SEC.1. Amended by P.L.145-2026, SEC.140.
Ind. Code § 27-1-19-7 — Indiana Code / Title 27 / Article 1 / Chapter 19 / Section 27-1-19-7
Reports; regulation and supervision; location of principal office
Status: in_force

Sec. 7. Such new corporation shall hereafter make its reports in accordance with the laws of the state of Indiana, and shall be subject to the exclusive regulation and supervision of the department of insurance of the state of Indiana, and thereafter shall make its applications for the purpose of doing business in other states, and countries, as a corporation of the state of Indiana, and shall be subject to regulation and supervision by the insurance departments of other states and countries as a foreign insurance company. In its resolution for reincorporation under this law, it shall state the location of its principal office, which shall be in this state.

Formerly: Acts 1935, c.162, s.246.
Ind. Code § 27-19-3-3 — Indiana Code / Title 27 / Article 19 / Chapter 3 / Section 27-19-3-3
Regulation of social services in connection with health benefit exchange
Status: in_force

Sec. 3. (a) The secretary, the administrator, and the CHIP office may implement and enforce the social services law of this state in connection with a health benefit exchange.

(b) A law of this state concerning a health benefit exchange does not preempt or supersede the authority of the secretary, the administrator, or the CHIP office to administer and regulate social services in Indiana.

(c) This section does not require the secretary, the administrator, or the CHIP office to perform any function related to a health benefit exchange without being appropriately compensated for the performance of the function.

(d) The secretary may adopt rules under IC 4-22-2 to implement this section.

(e) The administrator and the CHIP office may do the following to implement this section:

(1) 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.

(2) Enter with a person described in subdivision (1) into an information sharing agreement:

(A) that concerns the disclosure and receiving of data necessary to implement this section 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 § 27-1-20-3 — Indiana Code / Title 27 / Article 1 / Chapter 20 / Section 27-1-20-3
Eligibility of investments for deposit; existing investments
Status: in_force

Sec. 3. Eligible investments made or deposited prior to March 8, 1935, shall continue to be eligible for deposit, subject, however, to section 4 of this chapter.

Formerly: Acts 1935, c.162, s.250. As amended by P.L.252-1985, SEC.87.
Ind. Code § 27-13-1-21.5 — Indiana Code / Title 27 / Article 13 / Chapter 1 / Section 27-13-1-21.5
"Managed hospital payment basis"
Status: in_force

Sec. 21.5. "Managed hospital payment basis" means agreements in which the financial risk is primarily related to the degree of utilization rather than to cost of services.

As added by P.L.255-1995, SEC.13.
Ind. Code § 27-7-10-26 — Indiana Code / Title 27 / Article 7 / Chapter 10 / Section 27-7-10-26
Purchasing groups; notice of intent to do business; required information; agent for service of process; exemptions
Status: in_force

Sec. 26. (a) A purchasing group, before doing business in Indiana, shall furnish notice to the commissioner. The notice must:

(1) identify the state in which the group is domiciled;

(2) identify all other states in which the group intends to do business;

(3) specify the lines and classifications of liability insurance that the purchasing group intends to purchase;

(4) identify the insurance company or companies from which the group intends to purchase its insurance and the domicile of the company or companies;

(5) specify the method by which, and the person or persons, if any, through whom insurance will be offered to its members whose risks are resident or located in Indiana;

(6) identify the principal place of business of the group; and

(7) provide such other information as may be required by the commissioner to verify that the purchasing group meets the definition of a purchasing group under section 10 of this chapter.

(b) A purchasing group shall, within ten (10) days, notify the commissioner of any changes in any of the facts set forth in the notice provided to the commissioner under this section.

(c) A purchasing group, before doing business in Indiana, shall register with and designate the commissioner as its agent solely for the purpose of receiving service of legal documents or process in Indiana (for which a filing fee shall be determined by the commissioner). However, this requirement does not apply in the case of a purchasing group that only purchases insurance that was authorized under the federal Product Liability Risk Retention Act of 1981 (15 U.S.C. 3901 et seq.) and:

(1) that in any state of the United States:

(A) was domiciled before April 1, 1986; and

(B) is domiciled on and after October 27, 1986;

(2) that:

(A) before October 27, 1986, purchased insurance from an insurance carrier licensed in any state; and

(B) since October 27, 1986, purchased its insurance from an insurance carrier licensed in any state; or

(3) that was a purchasing group under the requirements of the Product Liability Risk Retention Act of 1981 (15 U.S.C. 3901 et seq.) before October 27, 1986.

(d) Each purchasing group that is required to give notice under subsection (a) shall also furnish information required by the commissioner to:

(1) verify that the entity qualifies as a purchasing group;

(2) determine where the purchasing group is located; and

(3) determine appropriate tax treatment.

(e) Any purchasing group that was doing business in Indiana before April 1, 1988, shall, before May 1, 1988, furnish notice to the commissioner under subsection (a) and furnish information required under subsections (c) through (d).

As added by P.L.162-1988, SEC.2. Amended by P.L.124-2018, SEC.75.