Ind. Code § 27-1-15.9-11 — Indiana Code / Title 27 / Article 1 / Chapter 15.9 / Section 27-1-15.9-11
Supervising entity location registry; examination
Status: in_force

Sec. 11. (a) A supervising entity shall:

(1) maintain a registry of locations described in section 10(b) of this chapter; and

(2) make the registry available for examination by the commissioner during the supervising entity's regular business hours.

(b) The commissioner shall, at least ten (10) days before the examination is conducted, provide to a supervising entity written notice of an examination described in subsection (a).

As added by P.L.4-2012, SEC.3.
Ind. Code § 27-8-27-3 — Indiana Code / Title 27 / Article 8 / Chapter 27 / Section 27-8-27-3
"First steps program" defined
Status: in_force

Sec. 3. As used in this chapter, "first steps program" means the program established under IC 12-12.7-2 and 20 U.S.C. 1431 et seq. to meet the needs of:

(1) children who are eligible for early intervention services; and

(2) their families.

The term includes the coordination of all available federal, state, local, and private resources available to provide early intervention services within Indiana.

As added by P.L.121-1999, SEC.13. Amended by P.L.93-2006, SEC.18.
Ind. Code § 27-1-46.5-6 — Indiana Code / Title 27 / Article 1 / Chapter 46.5 / Section 27-1-46.5-6
"Narrow network"
Status: in_force

Sec. 6. As used in this chapter, "narrow network" means an arrangement that limits the hospitals that a covered individual may use to obtain covered services under an employee benefit plan.

As added by P.L.216-2025, SEC.46.
Ind. Code § 27-8-15-10 — Indiana Code / Title 27 / Article 8 / Chapter 15 / Section 27-8-15-10
"Insurer"
Status: in_force

Sec. 10. As used in this chapter, "insurer" means any person who provides health insurance in Indiana. The term includes the following:

(1) A licensed insurance company.

(2) A prepaid hospital or medical service plan.

(3) A health maintenance organization.

(4) A multiple employer welfare arrangement.

(5) Any person providing a plan of health insurance subject to state insurance law.

As added by P.L.127-1992, SEC.1.
Ind. Code § 27-1-12.8-15 — Indiana Code / Title 27 / Article 1 / Chapter 12.8 / Section 27-1-12.8-15
"Reserves"
Status: in_force

Sec. 15. As used in this chapter, "reserves" means reserve liabilities.

As added by P.L.276-2013, SEC.10.
Ind. Code § 27-1-17-1 — Indiana Code / Title 27 / Article 1 / Chapter 17 / Section 27-1-17-1
Necessity of certificate of authority
Status: in_force

Sec. 1. Any foreign or alien insurance company organized for the purpose of transacting any insurance business, not qualified as of March 8, 1935, to transact business in this state, before transacting business in this state shall procure a certificate of authority from the department in the manner provided in this chapter and shall otherwise comply with the provisions and be subject to the regulations set forth in this chapter.

Formerly: Acts 1935, c.162, s.226. As amended by P.L.252-1985, SEC.71.
Ind. Code § 27-1-23-5 — Indiana Code / Title 27 / Article 1 / Chapter 23 / Section 27-1-23-5
Examination of registered insurer records; liability for expenses; noncompliance
Status: in_force

Sec. 5. (a) Subject to the limitations contained in this section and in addition to the powers which the commissioner has under the insurance laws of this state relating to the examination of insurers, the commissioner shall have the power to do the following:

(1) Examine an insurer registered under section 3 of this chapter, and affiliates of the insurer, to ascertain the financial condition of the insurer, including the enterprise risk to the insurer by:

(A) the person who ultimately controls the insurer;

(B) one (1) or more other persons within the insurance holding company system; or

(C) the insurance holding company system;

on a consolidated basis.

(2) Order any insurer registered under section 3 of this chapter to produce such records, books, or other information papers in the possession of the insurer or its affiliates as are reasonably necessary to ascertain the financial condition or legality of conduct of such insurer. In the event such insurer fails to comply with such order, the commissioner shall have the power to examine such insurer or affiliates to obtain such information.

(b) The commissioner shall exercise the commissioner's power under subsection (a) only if the examination of the insurer under the insurance laws of this state is deemed inadequate for the purposes of this chapter or if the interests of the policyholders of such insurer may be adversely affected.

(c) The commissioner may order an insurer registered under section 3 of this chapter to produce information that is not in the possession of the insurer if the insurer is able to obtain the information under contractual relationships, statutory obligations, or another method. If the insurer is unable to obtain the information, the insurer shall provide to the commissioner a detailed explanation of the reason for the insurer's inability and the identity of the person that holds the information. If the commissioner determines that the detailed explanation is without merit, the commissioner may:

(1) after notice and hearing, impose on the insurer a civil penalty of not more than one thousand dollars ($1,000) for each day that the insurer does not produce the information; or

(2) suspend or revoke the insurer's certificate of authority.

The commissioner shall deposit a civil penalty collected under this subsection in the department of insurance fund established by IC 27-1-3-28.

(d) The commissioner may retain at the registered insurer's expense such attorneys, actuaries, accountants, and other experts not otherwise a part of the commissioner's staff as shall be reasonably necessary to assist in the conduct of the examination under subsection (a). Any persons so retained shall be under the direction and control of the commissioner and shall act in a purely advisory capacity.

(e) Each registered insurer producing for examination records, books, and papers pursuant to subsection (a) shall be liable for and shall pay the expense of such examination.

(f) If an insurer fails to comply with an order under this section, the commissioner may:

(1) examine affiliates of the insurer to obtain information;

(2) issue subpoenas;

(3) administer oaths; and

(4) examine under oath any person;

to determine compliance with this section. The commissioner may petition a court with jurisdiction for an order to compel a person that refuses to comply with a subpoena to testify or produce evidence. A witness who testifies under this section is entitled to the same compensation as the compensation to which a witness is entitled under IC 34, which must be paid by the insurer that is under examination.

Formerly: Acts 1971, P.L.387, SEC.1. As amended by Acts 1981, P.L.244, SEC.5; P.L.26-1991, SEC.13; P.L.81-2012, SEC.16.
Ind. Code § 27-1-15.6-12 — Indiana Code / Title 27 / Article 1 / Chapter 15.6 / Section 27-1-15.6-12
Penalties
Status: in_force

Sec. 12. (a) For purposes of this section, "permanently revoke" means that:

(1) the producer's license shall never be reinstated; and

(2) the former licensee, after the license revocation, is not eligible to submit an application for a license to the department.

(b) The commissioner may reprimand, levy a civil penalty, place an insurance producer on probation, suspend an insurance producer's license, revoke an insurance producer's license for a period of years, permanently revoke an insurance producer's license, or refuse to issue or renew an insurance producer license, or take any combination of these actions, for any of the following causes:

(1) Providing incorrect, misleading, incomplete, or materially untrue information in a license application.

(2) Violating:

(A) an insurance law;

(B) a regulation;

(C) a subpoena of an insurance commissioner; or

(D) an order of an insurance commissioner;

of Indiana or of another state.

(3) Obtaining or attempting to obtain a license through misrepresentation or fraud.

(4) Improperly withholding, misappropriating, or converting any monies or properties received in the course of doing insurance business.

(5) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance.

(6) Having been convicted of a felony.

(7) Admitting to having committed or being found to have committed any unfair trade practice or fraud in the business of insurance.

(8) Using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness, or financial irresponsibility in the conduct of business in Indiana or elsewhere.

(9) Having an insurance producer license, or its equivalent, denied, suspended, or revoked in any other state, province, district, or territory.

(10) Forging another's name to an application for insurance or to any document related to an insurance transaction.

(11) Improperly using notes or any other reference material to complete an examination for an insurance license.

(12) Knowingly accepting insurance business from an individual who is not licensed.

(13) Failing to comply with an administrative or court order imposing a child support obligation.

(14) Failing to pay state income tax or to comply with any administrative or court order directing payment of state income tax.

(15) Failing to satisfy the continuing education requirements established by IC 27-1-15.7.

(16) Violating section 31 of this chapter.

(17) Failing to timely inform the commissioner of a change in legal name or address, in violation of section 7(h) of this chapter.

(c) The commissioner shall refuse to:

(1) issue a license; or

(2) renew a license issued;

under this chapter to any person who is the subject of an order issued by a court under IC 31-16-12-10 (or IC 31-1-11.5-13(m), IC 31-6-6.1-16(m), or IC 31-14-12-7 before their repeal).

(d) If the commissioner refuses to renew a license or denies an application for a license, the commissioner shall notify the applicant or licensee and advise the applicant or licensee, in a writing sent through regular first class mail, of the reason for the denial of the applicant's application or the nonrenewal of the licensee's license. The applicant or licensee may, not more than sixty-three (63) days after notice of denial of the applicant's application or nonrenewal of the licensee's license is mailed, make written demand to the commissioner for a hearing before the commissioner to determine the reasonableness of the commissioner's action. The hearing shall be held not more than thirty (30) days after the applicant or licensee makes the written demand, and shall be conducted under IC 4-21.5.

(e) The license of a business entity may be suspended, revoked, or refused if the commissioner finds, after hearing, that a violation of an individual licensee acting on behalf of the partnership or corporation was known or should have been known by one (1) or more of the partners, officers, or managers of the partnership or corporation and:

(1) the violation was not reported to the commissioner; and

(2) no corrective action was taken.

(f) In addition to or in lieu of any applicable denial, suspension, or revocation of a license under subsection (b), a person may, after a hearing, be subject to the imposition by the commissioner under subsection (b) of a civil penalty of not less than fifty dollars ($50) and not more than ten thousand dollars ($10,000). A penalty imposed under this subsection may be enforced in the same manner as a civil judgement.

(g) A licensed insurance producer or limited lines producer shall, not more than ten (10) days after the producer receives a request in a registered or certified letter from the commissioner, furnish the commissioner with a full and complete report listing each insurer with which the licensee has held an appointment during the year preceding the request.

(h) If a licensee fails to provide the report requested under subsection (g) not more than ten (10) days after the licensee receives the request, the commissioner may, in the commissioner's sole discretion, without a hearing, and in addition to any other sanctions allowed by law, suspend any insurance license held by the licensee pending receipt of the appointment report.

(i) The commissioner shall promptly notify all appointing insurers and the licensee regarding any suspension, revocation, or termination of a license by the commissioner under this section.

(j) The commissioner may not grant, renew, continue, or permit to continue any license if the commissioner finds that the license is being used or will be used by the applicant or licensee for the purpose of writing controlled business. As used in this subsection, "controlled business" means:

(1) insurance written on the interests of:

(A) the applicant or licensee;

(B) the applicant's or licensee's immediate family; or

(C) the applicant's or licensee's employer; or

(2) insurance covering:

(A) the applicant or licensee;

(B) members of the applicant's or licensee's immediate family; or

(C) either:

(i) a corporation, limited liability company, association, or partnership; or

(ii) the officers, directors, substantial stockholders, partners, members, managers, employees of such a corporation, limited liability company, association, or partnership;

of which the applicant or licensee or a member of the applicant's or licensee's immediate family is an officer, director, substantial stockholder, partner, member, manager, associate, or employee.

However, this section does not apply to insurance written or interests insured in connection with or arising out of credit transactions. A license is considered to have been used or intended to be used for the purpose of writing controlled business if the commissioner finds that during any twelve (12) month period the aggregate commissions earned from the controlled business exceeded twenty-five percent (25%) of the aggregate commission earned on all business written by the applicant or licensee during the same period.

(k) The commissioner has the authority to:

(1) enforce the provisions of; and

(2) impose any penalty or remedy authorized by;

this chapter or any other provision of this title against any person who is under investigation for or charged with a violation of this chapter or any other provision of this title, even if the person's license or registration has been surrendered or has lapsed by operation of law.

(l) For purposes of this section, the violation of any provision of IC 28 concerning the sale of a life insurance policy or an annuity contract shall be considered a violation described in subsection (b)(2).

(m) The commissioner may order a licensee to make restitution if the commissioner finds that the licensee has committed a violation described in:

(1) subsection (b)(4);

(2) subsection (b)(7);

(3) subsection (b)(8); or

(4) subsection (b)(16).

(n) The commissioner shall notify the securities commissioner appointed under IC 23-19-6-1(a) when an administrative action or civil proceeding is filed under this section and when an order is issued under this section denying, suspending, or revoking a license.

As added by P.L.132-2001, SEC.3. Amended by P.L.182-2001, SEC.2; P.L.27-2007, SEC.26; P.L.11-2011, SEC.11; P.L.207-2013, SEC.12.
Ind. Code § 27-8-25-8 — Indiana Code / Title 27 / Article 8 / Chapter 25 / Section 27-8-25-8
Coverage for routine care costs
Status: in_force

Sec. 8. (a) A policy of accident and sickness insurance must provide coverage for routine care costs that are incurred in the course of a clinical trial if the policy of accident and sickness insurance would provide coverage for the same routine care costs not incurred in a clinical trial.

(b) The coverage that must be provided under this section is subject to the terms, conditions, restrictions, exclusions, and limitations that apply generally under the policy of accident and sickness insurance, including terms, conditions, restrictions, exclusions, or limitations that apply to health care services rendered by contracted providers and noncontracted providers.

(c) This section does not do any of the following:

(1) Require an insurer that issues a policy of accident and sickness insurance to provide coverage for clinical trial services rendered by a contracted provider.

(2) Prohibit an insurer that issues a policy of accident and sickness insurance from providing coverage for clinical trial services rendered by a contracted provider.

(3) Require reimbursement under a policy of accident and sickness insurance for services that are rendered in a clinical trial by a noncontracted provider at the same rate of reimbursement that would apply to the same services rendered by a contracted provider.

As added by P.L.109-2009, SEC.3.
Ind. Code § 27-2-25.5-0.5 — Indiana Code / Title 27 / Article 2 / Chapter 25.5 / Section 27-2-25.5-0.5
"Plan sponsor"
Status: in_force

Sec. 0.5. As used in this chapter, "plan sponsor" means an individual or entity that offers health insurance coverage to its employees or members through a self-funded health benefit plan, including:

(1) a self-funded health benefit plan that complies with the federal Employee Retirement Income Security Act (ERISA) of 1974 (29 U.S.C. 1001 et seq.); and

(2) a self-insurance program established under IC 5-10-8-7(b).

As added by P.L.152-2024, SEC.13.
Ind. Code § 27-1-12-32 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-32
Financial qualifications of companies issuing certain contracts
Status: in_force

Sec. 32. A domestic life insurance company shall not issue the type of life insurance or annuity contracts defined and sanctioned under Class 1(c) of IC 27-1-5-1 unless, in addition to fulfilling all other qualifications prescribed by law, it possesses assets of not less than twenty million dollars ($20,000,000), or combined capital and surplus, in the case of a stock company, or surplus, in the case of a mutual company, of not less than two million five hundred thousand dollars ($2,500,000). In applying these qualifications to a subsidiary stock life insurance company that is a subsidiary company (as defined in IC 27-1-23-2.6), the requirements concerning assets, capital, and surplus shall be regarded as fulfilled if the consolidated assets, capital, and surplus of the primary and subsidiary companies equal or exceed the required amounts.

Formerly: Acts 1935, c.162, s.169.1; Acts 1961, c.138, s.3. As amended by P.L.252-1985, SEC.66; P.L.1-2002, SEC.103.
Ind. Code § 27-1-20-16 — Indiana Code / Title 27 / Article 1 / Chapter 20 / Section 27-1-20-16
Repealed
Status: repealed

Formerly: Acts 1935, c.162, s.265. As amended by P.L.252-1985, SEC.93. Repealed by P.L.1-1989, SEC.75.
Ind. Code § 27-8-19.8-26 — Indiana Code / Title 27 / Article 8 / Chapter 19.8 / Section 27-8-19.8-26
Adoption of rules
Status: in_force

Sec. 26. The department may adopt rules under IC 4-22-2 that the department considers necessary to implement this chapter.

As added by P.L.130-1994, SEC.47 and P.L.116-1994, SEC.70.
Ind. Code § 27-1-29.1-10 — Indiana Code / Title 27 / Article 1 / Chapter 29.1 / Section 27-1-29.1-10
Liabilities qualifying for partial payment from fund; notice of claim
Status: in_force

Sec. 10. (a) The commissioner, using money from the fund, shall pay a part of every liability that qualifies for partial payment under this chapter and under the terms of the coverage provided by the commission according to rules adopted under this chapter.

(b) A liability of a member of the fund that has no underlying coverage or that has occurrence basis underlying coverage qualifies for partial payment under this chapter if it:

(1) is a liability covered under the coverage document issued by the commission to the member;

(2) arises out of an act or omission that takes place while the political subdivision bearing the liability is a member of the fund; and

(3) satisfies the minimum total amount requirement set forth in section 12 of this chapter.

(c) A liability of a member of the fund that has claims made basis underlying coverage qualifies for partial payment under this chapter if it:

(1) is a liability covered under the coverage document issued by the commission to the member;

(2) arises out of an act or omission with respect to which a claim is made while the political subdivision bearing the liability is a member of the fund;

(3) is covered by the underlying coverage; and

(4) satisfies the minimum total amount requirement set forth in section 12 of this chapter.

(d) For the purposes of subsection (c)(2) and section 11 of this chapter, the question of when and how a claim is made shall be determined by the provisions of the insurance policy providing the underlying coverage. However, if the underlying coverage is not applicable to a liability, a claim is considered to have been made for purposes of subsection (c)(2) when notice of a claim giving rise to the liability is received by the fund member from the claimant or the claimant's representative.

As added by P.L.272-1987, SEC.7. Amended by P.L.159-1988, SEC.2.
Ind. Code § 27-11-6-2 — Indiana Code / Title 27 / Article 11 / Chapter 6 / Section 27-11-6-2
Beneficiaries of benefit contracts; funeral benefits; failure to designate lawful beneficiary
Status: in_force

Sec. 2. (a) The owner of a benefit contract is entitled to change the beneficiary or beneficiaries in accordance with the laws or rules of the society unless the owner waives this right by specifically requesting in writing that the beneficiary designation be irrevocable. A society may, through its laws or rules, limit the scope of beneficiary designations and shall provide that no revocable beneficiary shall have or obtain any vested interest in the proceeds of any certificate until the certificate has become due and payable in conformity with the provisions of the benefit contract.

(b) A society may make provision for the payment of funeral benefits to the extent of such portion of any payment under a certificate as might reasonably appear to be due to any person equitably entitled thereto by reason of having incurred expense occasioned by the burial of the member.

(c) If at the death of any person insured under a benefit contract there is no lawful beneficiary to whom the proceeds shall be payable, the amount of the benefit, except to the extent that funeral benefits may be paid, shall be payable to the personal representative of the deceased insured, provided that if the owner of the certificate is other than the insured, the proceeds shall be payable to such owner.

As added by P.L.262-1985, SEC.1.
Ind. Code § 27-1-29-10 — Indiana Code / Title 27 / Article 1 / Chapter 29 / Section 27-1-29-10
Political subdivision risk management fund; purpose; administration; expenses; depositories; investment; reserve account
Status: in_force

Sec. 10. (a) The political subdivision risk management fund is established for the purpose of:

(1) paying the liabilities of political subdivisions to the extent specified in this chapter;

(2) receiving assessments paid by political subdivisions to replenish the fund and to pay the principal of and interest on bonds or notes issued by the commission under section 17(b)(2) of this chapter; and

(3) receiving money from any other source.

(b) The fund shall be administered by the commission.

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

(d) All money received by the commission under this chapter, whether as assessments, proceeds from the sale of bonds, or revenues, are trust funds, to be held and applied solely as provided in this chapter. Current operating funds shall be kept in depositories selected by the commission. The commission shall deposit with the treasurer of state the money in the fund not currently needed to meet the obligations of the fund, and the treasurer of state shall invest such money for the commission in accordance with the provisions of any resolution or trust agreement that the commission adopts or enters into under this chapter. Interest that accrues from these investments shall be credited to the commission and to the fund.

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

(f) The commission shall create a reserve account in the fund and shall capitalize the reserve account through the surcharges levied under section 7(b)(10) of this chapter.

As added by P.L.162-1986, SEC.1. Amended by P.L.272-1987, SEC.4.
Ind. Code § 27-1-37.4-7 — Indiana Code / Title 27 / Article 1 / Chapter 37.4 / Section 27-1-37.4-7
Rulemaking
Status: in_force

Sec. 7. The commissioner may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.45-2017, SEC.1.
Ind. Code § 27-1-3.5-15 — Indiana Code / Title 27 / Article 1 / Chapter 3.5 / Section 27-1-3.5-15
Repealed
Status: repealed

As added by P.L.244-1989, SEC.2. Repealed by P.L.251-1995, SEC.22.
Ind. Code § 27-1-1-4 — Indiana Code / Title 27 / Article 1 / Chapter 1 / Section 27-1-1-4
Repealed
Status: repealed

Formerly: Acts 1945, c.351, s.4; Acts 1959, c.351, s.3; Acts 1963(ss), c.8, s.1. Repealed by P.L.100-2012, SEC.64.
Ind. Code § 27-1-37.5-3.8 — Indiana Code / Title 27 / Article 1 / Chapter 37.5 / Section 27-1-37.5-3.8
"Episode of care"
Status: in_force

Sec. 3.8. As used in this chapter, "episode of care" means the medical care ordered to be provided for a specific medical procedure, condition, or illness.

As added by P.L.144-2025, SEC.10.
Ind. Code § 27-8-5-15.6 — Indiana Code / Title 27 / Article 8 / Chapter 5 / Section 27-8-5-15.6
Treatment limitations or financial requirements on coverage of services for mental illness
Status: in_force

Sec. 15.6. (a) As used in this section, "coverage of services for a mental illness" includes the services defined under the policy of accident and sickness insurance. However, the term does not include services for the treatment of substance abuse or chemical dependency.

(b) This section applies to a policy of accident and sickness insurance that:

(1) is issued on an individual basis or a group basis;

(2) is issued, entered into, or renewed after December 31, 1999; and

(3) is issued to an employer that employs more than fifty (50) full-time employees.

(c) This section does not apply to the following:

(1) A legal business entity that has obtained an exemption under section 15.7 of this chapter.

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

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

(4) Worker's compensation or similar insurance.

(5) Automobile medical payment insurance.

(6) A specified disease policy.

(7) A short term insurance plan that:

(A) may be renewed for the greater of:

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

(ii) the maximum period permitted under federal law;

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

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

(8) A policy that provides indemnity benefits not based on any expense incurred requirement, including a plan that provides coverage for:

(A) hospital confinement, critical illness, or intensive care; or

(B) gaps for deductibles or copayments.

(9) A supplemental plan that always pays in addition to other coverage.

(10) A student health plan.

(11) An employer sponsored health benefit plan that is:

(A) provided to individuals who are eligible for Medicare; and

(B) not marketed as, or held out to be, a Medicare supplement policy.

(d) A group or individual insurance policy or agreement may not permit treatment limitations or financial requirements on the coverage of services for a mental illness if similar limitations or requirements are not imposed on the coverage of services for other medical or surgical conditions.

(e) An insurer that issues a policy of accident and sickness insurance that provides coverage of services for the treatment of substance abuse and chemical dependency when the services are required in the treatment of a mental illness shall offer to provide the coverage without treatment limitations or financial requirements if similar limitations or requirements are not imposed on the coverage of services for other medical or surgical conditions.

(f) This section does not require a group or individual insurance policy or agreement to offer mental health benefits.

(g) The benefits delivered under this section may be delivered under a managed care system.

As added by P.L.42-1997, SEC.2. Amended by P.L.81-1999, SEC.3; P.L.226-2003, SEC.1; P.L.173-2007, SEC.24; P.L.288-2019, SEC.3.
Ind. Code § 27-8-16-14 — Indiana Code / Title 27 / Article 8 / Chapter 16 / Section 27-8-16-14
Rules
Status: in_force

Sec. 14. The department shall adopt rules under IC 4-22-2 necessary to carry out this chapter.

As added by P.L.128-1992, SEC.2.
Ind. Code § 27-1-3-15 — Indiana Code / Title 27 / Article 1 / Chapter 3 / Section 27-1-3-15
Filing fees; collection
Status: in_force

Sec. 15. (a) Except as provided in subsections (f) and (h), the commissioner shall collect the following filing fees:

Document

Fee

Articles of incorporation

$ 350

Amendment of articles of

incorporation

$ 10

Filing of annual statement

and consolidated statement

$ 100

Annual renewal of company license

fee

$ 50

Withdrawal of certificate

of authority

$ 25

Certified statement of condition

$ 5

Any other document required to be

filed by this article

$ 25

The commissioner shall deposit fees collected under this subsection into the department of insurance fund established by section 28 of this chapter.

(b) The commissioner shall collect a fee of ten dollars ($10) each time process is served on the commissioner under this title.

(c) The commissioner shall collect the following fees for copying and certifying the copy of any filed document relating to a domestic or foreign corporation:

Per page for copying

As determined by

the commissioner

but not to exceed

actual cost

For the certificate

$10

(d) Each domestic and foreign insurer and each health maintenance organization shall remit annually to the commissioner for deposit into the department of insurance fund established by section 28 of this chapter one thousand dollars ($1,000) as an internal audit fee. All assessment insurers, farm mutuals, and fraternal benefit societies shall remit to the commissioner for deposit into the department of insurance fund two hundred fifty dollars ($250) annually as an internal audit fee.

(e) Beginning July 1, 1994, each insurer shall remit to the commissioner for deposit into the department of insurance fund established by section 28 of this chapter a fee of thirty-five dollars ($35) for each policy, rider, rule, rate, or endorsement filed with the state, including subsequent filings. Except as provided in subsection (f), each policy, rider, rule, rate, or endorsement that is filed as part of a particular product filing or in association with a particular product filing is an individual filing subject to the fee under this subsection. However, the total amount of fees paid under this subsection by each insurer for a particular product filing may not exceed one thousand dollars ($1,000).

(f) Beginning July 1, 2009, a policy, rider, rule, rate, or endorsement that is filed as part of a particular product filing or in association with a particular product filing for a commercial product described in:

(1) Class 2(b), Class 2(c), Class 2(d), Class 2(e), Class 2(f), Class 2(g), Class 2(h), Class 2(i), Class 2(j), Class 2(k), Class 2(l), or Class 2(m) of IC 27-1-5-1; or

(2) Class 3 of IC 27-1-5-1;

is considered to be part of a single filing for which the insurer is subject only to one (1) thirty-five dollar ($35) fee under subsection (e).

(g) The commissioner shall pay into the state general fund by the end of each calendar month the amounts collected during that month under subsections (b) and (c).

(h) The commissioner may not collect fees for quarterly statements filed under IC 27-1-20-33.

(i) The commissioner may adopt rules under IC 4-22-2 to provide for the accrual and quarterly billing of fees under this section.

Formerly: Acts 1935, c.162, s.22. As amended by P.L.31-1988, SEC.9; P.L.130-1994, SEC.2; P.L.116-1994, SEC.6; P.L.91-1998, SEC.3; P.L.268-1999, SEC.1; P.L.203-2001, SEC.4; P.L.173-2007, SEC.6; P.L.234-2007, SEC.188; P.L.3-2008, SEC.207.
Ind. Code § 27-6-10.1-2 — Indiana Code / Title 27 / Article 6 / Chapter 10.1 / Section 27-6-10.1-2
Credit allowed a domestic ceding insurer
Status: in_force

Sec. 2. Credit Allowed a Domestic Ceding Insurer. Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a reduction from liability on account of reinsurance ceded only when the reinsurer meets the requirements of Subsection A, B, C, D, E, F, or G; provided further, that the insurance commissioner may adopt by regulation pursuant to Section 5B of this chapter specific additional requirements relating to or setting forth: (1) the valuation of assets or reserve credits; (2) the amount and forms of security supporting reinsurance arrangements described in Section 5B of this chapter; and/or (3) the circumstances pursuant to which credit will be reduced or eliminated. Credit shall be allowed under Subsection A, B, or C only as respects cessions of those kinds or classes of business which the assuming insurer is licensed or otherwise permitted to write or assume in its state of domicile or, in the case of a U.S. branch of an alien assuming insurer, in the state through which it is entered and licensed to transact insurance or reinsurance. Credit shall be allowed under Subsection C or D only if the applicable requirements of Subsection H have been satisfied.

A. Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is licensed to transact insurance or reinsurance in Indiana.

B. Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is accredited by the insurance commissioner as a reinsurer in Indiana. In order to be eligible for accreditation, a reinsurer must:

(1) file with the insurance commissioner evidence of its submission to Indiana's jurisdiction;

(2) submit to Indiana's authority to examine its books and records;

(3) be licensed to transact insurance or reinsurance in at least one (1) state, or in the case of a U.S. branch of an alien assuming insurer, be entered through and licensed to transact insurance or reinsurance in at least one (1) state;

(4) file annually with the insurance commissioner a copy of its annual statement filed with the insurance department of its state of domicile and a copy of its most recent audited financial statement; and

(5) demonstrate to the satisfaction of the insurance commissioner that it has adequate financial capacity to meet its reinsurance obligations and is otherwise qualified to assume reinsurance from domestic insurers. An assuming insurer is deemed to meet this requirement as of the time of its application if it maintains a surplus as regards policyholders in an amount not less than twenty million dollars ($20,000,000) and its accreditation has not been denied by the insurance commissioner within ninety (90) days after submission of its application.

C. (1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is domiciled in, or in the case of a U.S. branch of an alien assuming insurer is entered through, a state that employs standards regarding credit for reinsurance substantially similar to those applicable under this statute and the assuming insurer or U.S. branch of an alien assuming insurer:

(a) maintains a surplus as regards policyholders in an amount not less than twenty million dollars ($20,000,000); and

(b) submits to the authority of Indiana to examine its books and records.

(2) The requirement of Paragraph (1)(a) of this subsection does not apply to reinsurance ceded and assumed pursuant to pooling arrangements among insurers in the same holding company system.

D. (1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that maintains a trust fund in a qualified U.S. financial institution, as defined in Section 4B of this chapter, for the payment of the valid claims of its U.S. ceding insurers, their assigns, and successors in interest. To enable the insurance commissioner to determine the sufficiency of the trust fund, the assuming insurer shall report annually to the insurance commissioner information substantially the same as that required to be reported on the NAIC Annual Statement form by licensed insurers. The assuming insurer shall submit to examination of its books and records by the insurance commissioner and bear the expense of examination.

(2) (a) Credit for reinsurance shall not be granted under this subsection unless the form of the trust and any amendments to the trust have been approved by:

(i) the insurance commissioner of the state where the trust is domiciled; or

(ii) the insurance commissioner of another state who, pursuant to the terms of the trust instrument, has accepted principal regulatory oversight of the trust.

(b) The form of the trust and any trust amendments also shall be filed with the insurance commissioner of every state in which the ceding insurer beneficiaries of the trust are domiciled. The trust instrument shall provide that contested claims shall be valid and enforceable upon the final order of any court of competent jurisdiction in the United States. The trust shall vest legal title to its assets in its trustees for the benefit of the assuming insurer's U.S. ceding insurers, their assigns, and successors in interest. The trust and the assuming insurer shall be subject to examination as determined by the insurance commissioner.

(c) The trust shall remain in effect for as long as the assuming insurer has outstanding obligations due under the reinsurance agreements subject to the trust. No later than February 28 of each year the trustee of the trust shall report to the insurance commissioner in writing the balance of the trust, provide a listing of the trust's investments at the preceding year end, and certify the date of termination of the trust, if so planned, or certify that the trust will not expire prior to the following December 31.

(3) The following requirements apply to the following categories of assuming insurer:

(a) The trust fund for a single assuming insurer shall consist of funds in trust in an amount not less than the assuming insurer's liabilities attributable to reinsurance ceded by U.S. ceding insurers, and, in addition, the assuming insurer shall maintain a trusteed surplus of not less than twenty million dollars ($20,000,000), except as provided in Paragraph 3(b) of this subsection.

(b) At any time after the assuming insurer has permanently discontinued underwriting new business secured by the trust for at least three (3) full years, the insurance commissioner with principal regulatory oversight of the trust may authorize a reduction in the required trusteed surplus, but only after a finding, based on an assessment of the risk, that the new required surplus level is adequate for the protection of U.S. ceding insurers, policyholders, and claimants in light of reasonably foreseeable adverse loss development. The risk assessment may involve an actuarial review, including an independent analysis of reserves and cash flows, and shall consider all material risk factors, including when applicable the lines of business involved, the stability of the incurred loss estimates and the effect of the surplus requirements on the assuming insurer's liquidity or solvency. The minimum required trusteed surplus may not be reduced to an amount less than thirty percent (30%) of the assuming insurer's liabilities attributable to reinsurance ceded by U.S. ceding insurers covered by the trust.

(c) (i) In the case of a group including incorporated and individual unincorporated underwriters:

(I) for reinsurance ceded under reinsurance agreements with an inception, amendment, or renewal date on or after January 1, 1993, the trust shall consist of a trusteed account in an amount not less than the respective underwriters' several liabilities attributable to business ceded by U.S. domiciled ceding insurers to any underwriter of the group;

(II) for reinsurance ceded under reinsurance agreements with an inception date on or before December 31, 1992, and not amended or renewed after that date, notwithstanding the other provisions of this chapter, the trust shall consist of a trusteed account in an amount not less than the respective underwriters' several insurance and reinsurance liabilities attributable to business written in the United States; and

(III) in addition to these trusts, the group shall maintain in trust a trusteed surplus of which one hundred million dollars ($100,000,000) shall be held jointly for the benefit of the U.S. domiciled ceding insurers of any member of the group for all years of account; and

(ii) the incorporated members of the group shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the same level of regulation and solvency control by the group's domiciliary regulator as are the unincorporated members; and

(iii) within ninety (90) days after its financial statements are due to be filed with the group's domiciliary regulator, the group shall provide to the insurance commissioner an annual certification by the group's domiciliary regulator of the solvency of each underwriter member; or if a certification is unavailable, financial statements, prepared by independent public accountants, of each underwriter member of the group.

(d) In the case of a group of incorporated underwriters under common administration, the group shall:

(i) have continuously transacted an insurance business outside the United States for at least three (3) years immediately prior to making application for accreditation;

(ii) maintain aggregate policyholders' surplus of at least ten billion dollars ($10,000,000,000);

(iii) maintain a trust fund in an amount not less than the group's several liabilities attributable to business ceded by U.S. domiciled ceding insurers to any member of the group pursuant to reinsurance contracts issued in the name of the group;

(iv) in addition, maintain a joint trusteed surplus of which one hundred million dollars ($100,000,000) shall be held jointly for the benefit of U.S. domiciled ceding insurers of any member of the group as additional security for these liabilities; and

(v) within ninety (90) days after its financial statements are due to be filed with the group's domiciliary regulator, make available to the insurance commissioner an annual certification of each underwriter member's solvency by the member's domiciliary regulator and financial statements of each underwriter member of the group prepared by its independent public accountant.

E. Credit shall be allowed when the reinsurance is ceded to an assuming insurer that has been certified by the insurance commissioner as a reinsurer in Indiana and secures its obligations in accordance with the requirements of this subsection.

(1) In order to be eligible for certification, the assuming insurer shall meet all of the following requirements:

(a) The assuming insurer must be domiciled and licensed to transact insurance or reinsurance in a qualified jurisdiction, as determined by the insurance commissioner pursuant to Paragraph (3) of this subsection.

(b) The assuming insurer must maintain minimum capital and surplus, or its equivalent, in an amount to be determined by the insurance commissioner pursuant to regulation.

(c) The assuming insurer must maintain financial strength ratings from two (2) or more rating agencies deemed acceptable by the insurance commissioner pursuant to regulation.

(d) The assuming insurer must agree to submit to the jurisdiction of Indiana, appoint the insurance commissioner as its agent for service of process in Indiana, and agree to provide security for one hundred percent (100%) of the assuming insurer's liabilities attributable to reinsurance ceded by U.S. ceding insurers if it resists enforcement of a final U.S. judgment.

(e) The assuming insurer must agree to meet applicable information filing requirements as determined by the insurance commissioner, both with respect to an initial application for certification and on an ongoing basis.

(f) The assuming insurer must satisfy any other requirements for certification deemed relevant by the insurance commissioner.

(2) An association including incorporated and individual unincorporated underwriters may be a certified reinsurer. In order to be eligible for certification, in addition to satisfying requirements of Paragraph (1) of this subsection:

(a) the association shall satisfy its minimum capital and surplus requirements through the capital and surplus equivalents (net of liabilities) of the association and its members, which shall include a joint central fund that may be applied to any unsatisfied obligation of the association or any of its members, in an amount determined by the insurance commissioner to provide adequate protection;

(b) the incorporated members of the association shall not be engaged in any business other than underwriting as a member of the association and shall be subject to the same level of regulation and solvency control by the association's domiciliary regulator as are the unincorporated members; and

(c) within ninety (90) days after its financial statements are due to be filed with the association's domiciliary regulator, the association shall provide to the insurance commissioner an annual certification by the association's domiciliary regulator of the solvency of each underwriter member; or if a certification is unavailable, financial statements, prepared by independent public accountants, of each underwriter member of the association.

(3) The insurance commissioner shall create and publish a list of qualified jurisdictions, under which an assuming insurer licensed and domiciled in such jurisdiction is eligible to be considered for certification by the insurance commissioner as a certified reinsurer.

(a) In order to determine whether the domiciliary jurisdiction of a non-U.S. assuming insurer is eligible to be recognized as a qualified jurisdiction, the insurance commissioner shall evaluate the appropriateness and effectiveness of the reinsurance supervisory system of the jurisdiction, both initially and on an ongoing basis, and consider the rights, benefits and the extent of reciprocal recognition afforded by the non-U.S. jurisdiction to reinsurers licensed and domiciled in the U.S. A qualified jurisdiction must agree to share information and cooperate with the insurance commissioner with respect to all certified reinsurers domiciled within that jurisdiction. A jurisdiction may not be recognized as a qualified jurisdiction if the insurance commissioner has determined that the jurisdiction does not adequately and promptly enforce final U.S. judgments and arbitration awards. Additional factors may be considered in the discretion of the insurance commissioner.

(b) A list of qualified jurisdictions shall be published through the NAIC Committee Process. The insurance commissioner shall consider this list in determining qualified jurisdictions. If the insurance commissioner approves a jurisdiction as qualified that does not appear on the list of qualified jurisdictions, the commissioner shall provide thoroughly documented justification in accordance with criteria to be developed under regulations.

(c) U.S. jurisdictions that meet the requirement for accreditation under the NAIC financial standards and accreditation program shall be recognized as qualified jurisdictions.

(d) If a certified reinsurer's domiciliary jurisdiction ceases to be a qualified jurisdiction, the insurance commissioner has the discretion to suspend the reinsurer's certification indefinitely, in lieu of revocation.

(4) The insurance commissioner shall assign a rating to each certified reinsurer, giving due consideration to the financial strength ratings that have been assigned by rating agencies deemed acceptable to the insurance commissioner pursuant to regulation. The insurance commissioner shall publish a list of all certified reinsurers and their ratings.

(5) A certified reinsurer shall secure obligations assumed from U.S. ceding insurers under this subsection at a level consistent with its rating, as specified in regulations promulgated by the insurance commissioner.

(a) In order for a domestic ceding insurer to qualify for full financial statement credit for reinsurance ceded to a certified reinsurer, the certified reinsurer shall maintain security in a form acceptable to the insurance commissioner and consistent with the provisions of Section 3 of this chapter, or in a multibeneficiary trust in accordance with Subsection D, except as otherwise provided in this subsection.

(b) If a certified reinsurer maintains a trust to fully secure its obligations subject to Subsection D, and chooses to secure its obligations incurred as a certified reinsurer in the form of a multibeneficiary trust, the certified reinsurer shall maintain separate trust accounts for its obligations incurred under reinsurance agreements issued or renewed as a certified reinsurer with reduced security as permitted by this subsection or comparable laws of other U.S. jurisdictions and for its obligations subject to Subsection D. It shall be a condition to the grant of certification under this subsection that the certified reinsurer shall have bound itself, by the language of the trust and agreement with the insurance commissioner with principal regulatory oversight of each such trust account, to fund, upon termination of any such trust account, out of the remaining surplus of such trust any deficiency of any other such trust account.

(c) The minimum trusteed surplus requirements provided in Subsection D are not applicable with respect to a multibeneficiary trust maintained by a certified reinsurer for the purpose of securing obligations incurred under this subsection, except that such trust shall maintain a minimum trusteed surplus of ten million dollars ($10,000,000).

(d) With respect to obligations incurred by a certified reinsurer under this subsection, if the security is insufficient, the insurance commissioner shall reduce the allowable credit by an amount proportionate to the deficiency, and has the discretion to impose further reductions in allowable credit upon finding that there is a material risk that the certified reinsurer's obligations will not be paid in full when due.

(e) For purposes of this subsection, a certified reinsurer whose certification has been terminated for any reason shall be treated as a certified reinsurer required to secure one hundred percent (100%) of its obligations.

(i) As used in this subsection, the term "terminated" refers to revocation, suspension, voluntary surrender, and inactive status.

(ii) If the insurance commissioner continues to assign a higher rating as permitted by other provisions of this section, this requirement does not apply to a certified reinsurer in inactive status or to a reinsurer whose certification has been suspended.

(6) If an applicant for certification has been certified as a reinsurer in an NAIC accredited jurisdiction, the insurance commissioner has the discretion to defer to that jurisdiction's certification, and has the discretion to defer to the rating assigned by that jurisdiction, and such assuming insurer shall be considered to be a certified reinsurer in Indiana.

(7) A certified reinsurer that ceases to assume new business in Indiana may request to maintain its certification in inactive status in order to continue to qualify for a reduction in security for its in force business. An inactive certified reinsurer shall continue to comply with all applicable requirements of this subsection, and the insurance commissioner shall assign a rating that takes into account, if relevant, the reasons why the reinsurer is not assuming new business.

F. (1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer meeting each of the conditions set forth below.

(a) The assuming insurer must have its head office or be domiciled in, as applicable, and be licensed in a Reciprocal Jurisdiction. A "Reciprocal Jurisdiction" is a jurisdiction that meets one (1) of the following:

(i) A non-U.S. jurisdiction that is subject to an in force covered agreement with the United States, each within its legal authority, or, in the case of a covered agreement between the United States and European Union, is a member state of the European Union. For purposes of this subsection, a "covered agreement" is an agreement entered into pursuant to Dodd-Frank Wall Street Reform and Consumer Protection Act, 31 U.S.C. 313 and 31 U.S.C 314, that is currently in effect or in a period of provisional application and addresses the elimination, under specified conditions, of collateral requirements as a condition for entering into any reinsurance agreement with a ceding insurer domiciled in Indiana or for allowing the ceding insurer to recognize credit for reinsurance.

(ii) A U.S. jurisdiction that meets the requirements for accreditation under the NAIC financial standards and accreditation program.

(iii) A qualified jurisdiction, as determined by the insurance commissioner pursuant to Subsection E(3), which is not otherwise described in Subparagraphs (a)(i) or (a)(ii) and which meets certain additional requirements, consistent with the terms and conditions of in force covered agreements, as specified by the insurance commissioner in regulation.

(b) The assuming insurer must have and maintain, on an ongoing basis, minimum capital and surplus, or its equivalent, calculated according to the methodology of its domiciliary jurisdiction, in an amount to be set forth in regulation. If the assuming insurer is an association, including incorporated and individual unincorporated underwriters, it must have and maintain, on an ongoing basis, minimum capital and surplus equivalents (net of liabilities), calculated according to the methodology applicable in its domiciliary jurisdiction, and a central fund containing a balance in amounts to be set forth in regulation.

(c) The assuming insurer must have and maintain, on an ongoing basis, a minimum solvency or capital ratio, as applicable, which will be set forth in regulation. If the assuming insurer is an association, including incorporated and individual unincorporated underwriters, it must have and maintain, on an ongoing basis, a minimum solvency or capital ratio in the Reciprocal Jurisdiction where the assuming insurer has its head office or is domiciled, as applicable, and is also licensed.

(d) The assuming insurer must agree and provide adequate assurance to the insurance commissioner, in a form specified by the insurance commissioner pursuant to regulation, as follows:

(i) The assuming insurer must provide prompt written notice and explanation to the insurance commissioner if it falls below the minimum requirements set forth in Subparagraph (b) or (c) of this section, or if any regulatory action is taken against it for serious noncompliance with applicable law.

(ii) The assuming insurer must consent in writing to the jurisdiction of the courts of Indiana and to the appointment of the insurance commissioner as agent for service of process. The insurance commissioner may require that consent for service of process be provided to the insurance commissioner and included in each reinsurance agreement. Nothing in this provision shall limit, or in any way alter, the capacity of parties to a reinsurance agreement to agree to alternative dispute resolution mechanisms, except to the extent such agreements are unenforceable under applicable insolvency or delinquency laws.

(iii) The assuming insurer must consent in writing to pay all final judgments, wherever enforcement is sought, obtained by a ceding insurer or its legal successor, that have been declared enforceable in the jurisdiction where the judgment was obtained.

(iv) Each reinsurance agreement must include a provision requiring the assuming insurer to provide security in an amount equal to one hundred percent (100%) of the assuming insurer's liabilities attributable to reinsurance ceded pursuant to that agreement if the assuming insurer resists enforcement of a final judgment that is enforceable under the law of the jurisdiction in which it was obtained or a properly enforceable arbitration award, whether obtained by the ceding insurer or by its legal successor on behalf of its resolution estate.

(v) The assuming insurer must confirm that it is not presently participating in any solvent scheme of arrangement which involves Indiana's ceding insurers, and agree to notify the ceding insurer and the insurance commissioner and to provide security in an amount equal to one hundred percent (100%) of the assuming insurer's liabilities to the ceding insurer, should the assuming insurer enter into such a solvent scheme of arrangement. Such security shall be in a form consistent with the provisions of Subsection E and Section 3 of this chapter and as specified by the insurance commissioner in regulation.

(e) The assuming insurer or its legal successor must provide, if requested by the insurance commissioner, on behalf of itself and any legal predecessors, certain documentation to the insurance commissioner, as specified by the insurance commissioner in regulation.

(f) The assuming insurer must maintain a practice of prompt payment of claims under reinsurance agreements, pursuant to criteria set forth in regulation.

(g) The assuming insurer's supervisory authority must confirm to the insurance commissioner on an annual basis, as of the preceding December 31 or at the annual date otherwise statutorily reported to the Reciprocal Jurisdiction, that the assuming insurer complies with the requirements set forth in Subparagraphs (b) and (c) of this section.

(h) Nothing in this provision precludes an assuming insurer from providing the insurance commissioner with information on a voluntary basis.

(2) The insurance commissioner shall timely create and publish a list of Reciprocal Jurisdictions.

(a) A list of Reciprocal Jurisdictions is published through the NAIC Committee Process. The insurance commissioner's list shall include any Reciprocal Jurisdiction as defined under Subsection F(1)(a)(i) and F(1)(a)(ii), and shall consider any other Reciprocal Jurisdiction included on the NAIC list. The insurance commissioner may approve a jurisdiction that does not appear on the NAIC list of Reciprocal Jurisdictions in accordance with criteria to be developed under regulations issued by the insurance commissioner.

(b) The insurance commissioner may remove a jurisdiction from the list of Reciprocal Jurisdictions upon a determination that the jurisdiction no longer meets the requirements of a Reciprocal Jurisdiction, in accordance with a process set forth in regulations issued by the insurance commissioner, except that the insurance commissioner shall not remove from the list a Reciprocal Jurisdiction as defined under Subsection F(1)(a)(i) and F(1)(a)(ii). Upon removal of a Reciprocal Jurisdiction from this list credit for reinsurance ceded to an assuming insurer which has its home office or is domiciled in that jurisdiction shall be allowed, if otherwise allowed pursuant to Indiana law.

(3) The insurance commissioner shall timely create and publish a list of assuming insurers that have satisfied the conditions set forth in this subsection and to which cessions shall be granted credit in accordance with this subsection. The insurance commissioner may add an assuming insurer to such list if an NAIC accredited jurisdiction has added such assuming insurer to a list of such assuming insurers or if, upon initial eligibility, the assuming insurer submits the information to the insurance commissioner as required under Paragraph (1)(d) of this subsection and complies with any additional requirements that the insurance commissioner may impose by regulation, except to the extent that they conflict with an applicable covered agreement.

(4) If the insurance commissioner determines that an assuming insurer no longer meets one (1) or more of the requirements under this subsection, the insurance commissioner may revoke or suspend the eligibility of the assuming insurer for recognition under this subsection in accordance with procedures set forth in regulation.

(a) While an assuming insurer's eligibility is suspended, no reinsurance agreement issued, amended, or renewed after the effective date of the suspension qualifies for credit except to the extent that the assuming insurer's obligations under the contract are secured in accordance with Section 3 of this chapter.

(b) If an assuming insurer's eligibility is revoked, no credit for reinsurance may be granted after the effective date of the revocation with respect to any reinsurance agreements entered into by the assuming insurer, including reinsurance agreements entered into prior to the date of revocation, except to the extent that the assuming insurer's obligations under the contract are secured in a form acceptable to the insurance commissioner and consistent with the provisions of Section 3 of this chapter.

(5) If subject to a legal process of rehabilitation, liquidation, or conservation, as applicable, the ceding insurer, or its representative, may seek and, if determined appropriate by the court in which the proceedings are pending, may obtain an order requiring that the assuming insurer post security for all outstanding ceded liabilities.

(6) Nothing in this subsection shall limit or in any way alter the capacity of parties to a reinsurance agreement to agree on requirements for security or other terms in that reinsurance agreement, except as expressly prohibited by this chapter or other applicable law or regulation.

(7) Credit may be taken under this subsection only for reinsurance agreements entered into, amended, or renewed on or after the effective date of the statute adding this subsection, and only with respect to losses incurred and reserves reported on or after the later of: (i) the date on which the assuming insurer has met all eligibility requirements pursuant to Subsection F(1) herein; and (ii) the effective date of the new reinsurance agreement, amendment, or renewal.

(a) This paragraph does not alter or impair a ceding insurer's right to take credit for reinsurance, to the extent that credit is not available under this subsection, as long as the reinsurance qualifies for credit under any other applicable provision of this chapter.

(b) Nothing in this subsection shall authorize an assuming insurer to withdraw or reduce the security provided under any reinsurance agreement except as permitted by the terms of the agreement.

(c) Nothing in this subsection shall limit, or in any way alter, the capacity of parties to any reinsurance agreement to renegotiate the agreement.

G. Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of Subsection A, B, C, D, E, or F, but only as to the insurance of risks located in jurisdictions where the reinsurance is required by applicable law or regulation of that jurisdiction.

H. If the assuming insurer is not licensed, accredited or certified to transact insurance or reinsurance in Indiana, the credit permitted by Subsections C and D shall not be allowed unless the assuming insurer agrees in the reinsurance agreements:

(1) (a) That in the event of the failure of the assuming insurer to perform its obligations under the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding insurer, shall submit to the jurisdiction of any court of competent jurisdiction in any state of the United States, will comply with all requirements necessary to give the court jurisdiction, and will abide by the final decision of the court or of any appellate court in the event of an appeal; and

(b) To designate the insurance commissioner or a designated attorney as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the ceding insurer.

(2) This subsection is not intended to conflict with or override the obligation of the parties to a reinsurance agreement to arbitrate their disputes, if this obligation is created in the agreement.

I. If the assuming insurer does not meet the requirements of Subsection A, B, C, or F, the credit permitted by Subsection D or E shall not be allowed unless the assuming insurer agrees in the trust agreements to all of the following conditions:

(1) Notwithstanding any other provisions in the trust instrument, if the trust fund is inadequate because it contains an amount less than the amount required by Subsection D(3), or if the grantor of the trust has been declared insolvent or placed into receivership, rehabilitation, liquidation, or similar proceedings under the laws of its state or country of domicile, the trustee shall comply with an order of the insurance commissioner with regulatory oversight over the trust or with an order of a court of competent jurisdiction directing the trustee to transfer to the insurance commissioner with regulatory oversight all of the assets of the trust fund.

(2) The assets shall be distributed by and claims shall be filed with and valued by the insurance commissioner with regulatory oversight in accordance with the laws of the state in which the trust is domiciled that are applicable to the liquidation of domestic insurance companies.

(3) If the insurance commissioner with regulatory oversight determines that the assets of the trust fund or any part thereof are not necessary to satisfy the claims of the U.S. ceding insurers of the grantor of the trust, the assets or part thereof shall be returned by the insurance commissioner with regulatory oversight to the trustee for distribution in accordance with the trust agreement.

(4) The grantor shall waive any right otherwise available to it under U.S. law that is inconsistent with this provision.

J. If an accredited or certified reinsurer ceases to meet the requirements for accreditation or certification, the insurance commissioner may suspend or revoke the reinsurer's accreditation or certification.

(1) The insurance commissioner must give the reinsurer notice and opportunity for hearing. The suspension or revocation may not take effect until after the insurance commissioner's order on hearing, unless:

(a) the reinsurer waives its right to hearing;

(b) the insurance commissioner's order is based on regulatory action by the reinsurer's domiciliary jurisdiction or the voluntary surrender or termination of the reinsurer's eligibility to transact insurance or reinsurance business in its domiciliary jurisdiction or in the primary certifying state of the reinsurer under Subsection E(6); or

(c) the insurance commissioner finds that an emergency requires immediate action and a court of competent jurisdiction has not stayed the insurance commissioner's action.

(2) While a reinsurer's accreditation or certification is suspended, no reinsurance contract issued or renewed after the effective date of the suspension qualifies for credit except to the extent that the reinsurer's obligations under the contract are secured in accordance with Section 3 of this chapter. If a reinsurer's accreditation or certification is revoked, no credit for reinsurance may be granted after the effective date of the revocation except to the extent that the reinsurer's obligations under the contract are secured in accordance with Subsection E(5) or Section 3 of this chapter.

K. Concentration Risk.

(1) A ceding insurer shall take steps to manage its reinsurance recoverables proportionate to its own book of business. A domestic ceding insurer shall notify the insurance commissioner within thirty (30) days after reinsurance recoverables from any single assuming insurer, or group of affiliated assuming insurers, exceeds fifty percent (50%) of the domestic ceding insurer's last reported surplus to policyholders, or after it is determined that reinsurance recoverables from any single assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer.

(2) A ceding insurer shall take steps to diversify its reinsurance program. A domestic ceding insurer shall notify the insurance commissioner within thirty (30) days after ceding to any single assuming insurer, or group of affiliated assuming insurers, more than twenty percent (20%) of the ceding insurer's gross written premium in the prior calendar year, or after it has determined that the reinsurance ceded to any single assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer.

As added by P.L.130-2020, SEC.12.
Ind. Code § 27-1-37.4-8 — Indiana Code / Title 27 / Article 1 / Chapter 37.4 / Section 27-1-37.4-8
"Step therapy protocol"; notice of denial; required information
Status: in_force

Sec. 8. (a) As used in this section, "step therapy protocol" means a protocol that specifies, as a condition of coverage under a health plan, the order in which certain prescription drugs must be used to treat a covered individual's condition.

(b) A health plan that denies prior authorization for a prescription drug described in subdivision (1) or (2) shall provide, in the notice of denial, an alternative list of prescription drugs or alternative treatments as follows:

(1) If:

(A) the prescription drug is not included in the health plan's formulary; and

(B) there is at least one (1) alternative prescription drug in the same therapeutic classification (as defined in IC 12-15-35-17.5);

the alternative list must specify the alternative prescription drugs described in clause (B) that are covered by the health plan.

(2) If the prescription drug is prescribed to treat a condition for which coverage under the health plan requires use of a step therapy protocol, the alternative list must specify the alternative prescription drugs or alternative treatments that are required by the step therapy protocol.

As added by P.L.246-2019, SEC.23 and P.L.264-2019, SEC.12.
Ind. Code § 27-7-3-19 — Indiana Code / Title 27 / Article 7 / Chapter 3 / Section 27-7-3-19
Construction of chapter
Status: in_force

Sec. 19. This chapter shall be deemed to create an additional and separate method for engaging in the business of title insurance, as defined in this chapter, and providing for the incorporation of such companies and their licensing to do such business. This chapter shall not be deemed to alter, amend, or repeal any other statutes of the state of Indiana. No requirements or proceedings shall be necessary for the incorporation and licensing of a title insurance company under this chapter except such as are prescribed in this chapter, any provision of the laws of the state of Indiana or IC 27-1 to the contrary notwithstanding.

Formerly: Acts 1937, c.104, s.20. As amended by P.L.252-1985, SEC.262.
Ind. Code § 27-8-4.9-1 — Indiana Code / Title 27 / Article 8 / Chapter 4.9 / Section 27-8-4.9-1
"Covered individual"
Status: in_force

Sec. 1. As used in this chapter, "covered individual" means an individual entitled to coverage under a health benefit plan.

As added by P.L.226-2023, SEC.23.
Ind. Code § 27-1-12-41 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-41
Group life insurance; required provisions
Status: in_force

Sec. 41. (a) A policy of group life insurance may not be delivered in Indiana unless it contains in substance:

(1) the provisions described in subsection (b); or

(2) provisions that, in the opinion of the commissioner, are:

(A) more favorable to the persons insured; or

(B) at least as favorable to the persons insured and more favorable to the policyholder;

than the provisions set forth in subsection (b).

(b) The provisions referred to in subsection (a)(1) are as follows:

(1) A provision that the policyholder is entitled to a grace period of thirty-one (31) days for the payment of any premium due except the first, during which grace period the death benefit coverage shall continue in force, unless the policyholder has given the insurer written notice of discontinuance in advance of the date of discontinuance and in accordance with the terms of the policy. The policy may provide that the policyholder is liable to the insurer for the payment of a pro rata premium for the time the policy was in force during the grace period.

(2) A provision that the validity of the policy may not be contested, except for nonpayment of premiums, after the policy has been in force for two (2) years after its date of issue, and that no statement made by a person insured under the policy relating to the person's insurability may be used in contesting the validity of the insurance with respect to which the statement was made, unless:

(A) the insurance has not been in force for a period of two (2) years or longer during the person's lifetime; or

(B) the statement is contained in a written instrument signed by the insured person.

However, a provision under this subdivision may not preclude the assertion at any time of defenses based upon provisions in the policy that relate to eligibility for coverage.

(3) A provision that a copy of the application, if any, of the policyholder must be attached to the policy when issued, that all statements made by the policyholder or by the persons insured are to be deemed representations and not warranties, and that no statement made by any person insured may be used in any contest unless a copy of the instrument containing the statement is or has been furnished to the insured person or, in the event of death or incapacity of the insured person, to the insured person's beneficiary or personal representative.

(4) A provision setting forth the conditions, if any, under which the insurer reserves the right to require a person eligible for insurance to furnish evidence of individual insurability satisfactory to the insurer as a condition to part or all of the person's coverage.

(5) A provision specifying an equitable adjustment of premiums, benefits, or both to be made in the event the age of a person insured has been misstated. A provision under this subdivision must contain a clear statement of the method of adjustment to be made.

(6) A provision that any sum becoming due by reason of the death of the person insured must be payable to the beneficiary designated by the person insured. However, if a policy contains conditions pertaining to family status, the beneficiary may be the family member specified by the policy terms, subject to the provisions of the policy in the event there is no designated beneficiary, as to all or any part of the sum, living at the death of the person insured, and subject to any right reserved by the insurer in the policy and set forth in the certificate to pay at its option a part of the sum not exceeding two thousand dollars ($2,000) to any person appearing to the insurer to be equitably entitled to that payment by reason of having incurred funeral or other expenses incident to the last illness or death of the person insured.

(7) A provision that the insurer will issue to the policyholder, for delivery to each person insured, a certificate setting forth a statement that:

(A) explains the insurance protection to which the person insured is entitled;

(B) indicates to whom the insurance benefits are payable;

(C) explains any dependent's coverage included in the certificate; and

(D) sets forth the rights and conditions that apply to the person under subdivisions (8), (9), (10), and (11).

(8) A provision that if the insurance, or any portion of it, on a person covered under the policy, or on the dependent of a person covered, ceases because of termination of employment or termination of membership in the class or classes eligible for coverage under the policy, the person or dependent is entitled, without evidence of insurability, to an individual policy of life insurance issued to the person or dependent by the insurer without disability or other supplementary benefits, provided that an application for the individual policy is made and that the first premium is paid to the insurer within thirty-one (31) days after the termination, and provided further that:

(A) the individual policy must, at the option of the person or dependent, be on any one (1) of the forms then customarily issued by the insurer at the age and for the amount applied for, except that the group policy may exclude the option to elect term insurance;

(B) the individual policy must be in an amount not in excess of the amount of life insurance that ceases because of the termination, less the amount of any life insurance for which the person or dependent becomes eligible under the same policy or any other group policy within thirty-one (31) days after the termination (however, any amount of insurance that has matured on or before the date of the termination as an endowment payable to the person insured, whether in one (1) sum, in installments, or in the form of an annuity, may not, for the purposes of this clause, be included in the amount of insurance that is considered to cease because of the termination); and

(C) the premium on the individual policy must be at the insurer's then customary rate applicable to the form and amount of the individual policy, to the class of risk to which the person or dependent then belongs, and to the individual age attained by the person or dependent on the effective date of the individual policy.

Subject to the conditions set forth in this subdivision, the conversion privilege created by this subdivision must be available to a surviving dependent of a person covered under a group policy, with respect to the coverage under the group policy that terminates by reason of the death of the person covered, and to the dependent of an employee or member after termination of the coverage of the dependent because the dependent ceases to be a qualified family member under the group policy, while the employee or member remains insured under the group policy.

(9) A provision that if the group policy terminates or is amended so as to terminate the insurance of any class of insured persons, every person insured under the policy at the date of the termination whose insurance terminates, including the insured dependent of a covered person, and who has been so insured for at least five (5) years before the termination date, is entitled to have issued by the insurer an individual policy of life insurance, subject to the same conditions and limitations as are provided in subdivision (8), except that the group policy may provide that the amount of the individual policy may not exceed the lesser of:

(A) the amount of the person's life insurance protection that is ceasing because of the termination or amendment of the group policy, less the amount of any life insurance for which the person is eligible or becomes eligible under a group policy issued or reinstated by the same insurer or another insurer within thirty-one (31) days after the termination; or

(B) ten thousand dollars ($10,000).

(10) A provision that if a person insured under the group policy, or the insured dependent of a covered person, dies during the period within which the covered person or dependent would have been entitled to have an individual policy issued under subdivision (8) or (9) or before such an individual policy becomes effective, the amount of life insurance that the covered person or dependent would have been entitled to have issued under an individual policy is payable as a claim under the group policy, whether or not application for the individual policy or the payment of the first premium for the individual policy has been made.

(11) If active employment is a condition of insurance, a provision that an insured may continue coverage during the insured's total disability by timely payment to the policyholder of that portion, if any, of the premium that would have been required for the insured had total disability not occurred. The continuation of coverage under this subdivision on a premium paying basis must extend for a period of six (6) months from the date on which the total disability started, but not beyond the earlier of:

(A) the date of approval by the insurer of continuation of the coverage under any disability provision that the group insurance policy may contain; or

(B) the date of discontinuance of the group insurance policy.

(12) In the case of a policy insuring the lives of debtors, a provision that the insurer will furnish to the policyholder, for delivery to each debtor insured under the policy, a certificate of insurance describing the coverage and specifying that the death benefit will first be applied to reduce or extinguish the indebtedness.

(c) Subsections (b)(6) through (b)(11) do not apply to policies insuring the lives of debtors. The standard provisions required under IC 27-1-12 for individual life insurance policies do not apply to group life insurance policies.

(d) If a group life insurance policy is on a plan of insurance other than the group plan, it must contain a nonforfeiture provision that, in the opinion of the commissioner, is equitable to the insured persons and to the policyholder. However, group life insurance policies need not contain the same nonforfeiture provisions as are required for individual life insurance policies under IC 27-1-12.

As added by P.L.254-1985, SEC.5.
Ind. Code § 27-1-1.5-12 — Indiana Code / Title 27 / Article 1 / Chapter 1.5 / Section 27-1-1.5-12
"Current Dental Terminology"; "CDT"
Status: in_force

Sec. 12. "Current Dental Terminology" or "CDT" refers to the Current Dental Terminology coding system that is:

(1) published by the American Dental Association; and

(2) in effect on January 1, 2018.

As added by P.L.124-2018, SEC.1.
Ind. Code § 27-1-6-21 — Indiana Code / Title 27 / Article 1 / Chapter 6 / Section 27-1-6-21
Company domiciled in Indiana; requirements
Status: in_force

Sec. 21. (a) A company that is approved by the department after June 30, 2000, to be domiciled in Indiana, must have and maintain in Indiana the following:

(1) A physical presence that provides economic benefit to the state.

(2) Complete records of the company's assets, transactions, and affairs in accordance with methods and systems that are customary or suitable to the kind or kinds of insurance transacted by the company, including all records required under IC 27-1-7-16. Records may be maintained in a form that is physically or electronically available to the department within Indiana.

(b) The commissioner shall determine whether the requirements of subsection (a) are met. In making a determination under subsection (a)(1), the commissioner shall compare and consider the following:

(1) The economic benefit to Indiana and Indiana communities offered by the domestication of the company.

(2) The costs that may be incurred by the state in regulating the company as a domestic company versus a foreign company.

(c) If a domestic company subject to this section fails to comply with the provisions of subsection (a), the commissioner may:

(1) require the company to transfer its domicile under IC 27-1-6.5-2; or

(2) annually impose an additional administrative fee on the company in an amount equal to the difference between the cost of regulating the company as a domestic company and the cost of regulating the company as a foreign company. The fee shall be deposited in the department of insurance fund established by IC 27-1-3-28.

(d) In the case of a company that is part of an insurance holding company system (as defined in IC 27-1-23-1) whose presence provides an economic benefit to the state, the commissioner shall consider the insurance holding company system and any domestic company in the aggregate when making the determination required under subsection (b).

As added by P.L.144-2000, SEC.1.
Ind. Code § 27-1-36-51 — Indiana Code / Title 27 / Article 1 / Chapter 36 / Section 27-1-36-51
Liquidation of property of foreign insurer
Status: in_force

Sec. 51. If:

(1) a mandatory control level event occurs with respect to a foreign insurer; and

(2) no domiciliary receiver has been appointed with respect to the foreign insurer under the rehabilitation and liquidation statute applicable in the state of domicile of the foreign insurer;

the commissioner may apply to the Marion County circuit court with respect to the liquidation of property of the foreign insurer that is found in Indiana. The occurrence of the mandatory control level event is adequate grounds for the application.

As added by P.L.186-1996, SEC.1.
Ind. Code § 27-13-1-1 — Indiana Code / Title 27 / Article 13 / Chapter 1 / Section 27-13-1-1
Applicability of definitions
Status: in_force

Sec. 1. The definitions in this chapter apply throughout this article.

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

Sec. 10. "Surety" means any person who satisfies the qualifications of IC 27-10-2-4 and who agrees to pay the bond in the event the defendant fails to appear in court at the scheduled date and time.

As added by P.L.261-1985, SEC.1.
Ind. Code § 27-13-13-1 — Indiana Code / Title 27 / Article 13 / Chapter 13 / Section 27-13-13-1
Items deposited; minimum value
Status: in_force

Sec. 1. Except as provided in this chapter, a health maintenance organization shall deposit with the commissioner or, at the discretion of the commissioner, with any bank or bank and trust company or other trustee acceptable to the commissioner through which a custodial or controlled account is used:

(1) cash;

(2) certificates of deposit;

(3) United States government obligations acceptable to the commissioner;

(4) any other securities acceptable to the commissioner; or

(5) a combination of items described in subdivisions (1) through (4);

which at all times must have a value of at least five hundred thousand dollars ($500,000).

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-8-14.5-5 — Indiana Code / Title 27 / Article 8 / Chapter 14.5 / Section 27-8-14.5-5
Deductible, copayment, and coinsurance provisions
Status: in_force

Sec. 5. (a) An insured may not be required to pay an annual deductible or copayment that is greater than an annual deductible or copayment established for similar benefits under the health insurance plan. If the plan does not cover a similar benefit, the copayment or deductible may not be set at a level that materially diminishes the value of the diabetes benefit required by this chapter.

(b) An insured may be subject to coinsurance that is not greater than coinsurance established for similar benefits under the health insurance plan. If the plan does not cover a similar benefit, the coinsurance may not be set at a level that materially diminishes the value of the diabetes benefit required by this chapter.

As added by P.L.190-1997, SEC.1.
Ind. Code § 27-1-45-4 — Indiana Code / Title 27 / Article 1 / Chapter 45 / Section 27-1-45-4
"Network plan"
Status: in_force

Sec. 4. As used in this chapter, "network plan" means a plan under which providers are required by contract to provide health care services to covered individuals at not more than a preestablished rate or amount of compensation.

As added by P.L.93-2020, SEC.11.
Ind. Code § 27-17-12-2 — Indiana Code / Title 27 / Article 17 / Chapter 12 / Section 27-17-12-2
Agreement with marketer; liability
Status: in_force

Sec. 2. A discount medical card program organization:

(1) shall enter into a written agreement with a marketer before the marketer may begin marketing, promoting, selling, or distributing the discount medical card program; and

(2) is responsible and financially liable for any acts of the discount medical card program organization's marketers that do not comply with this article.

As added by P.L.73-2006, SEC.3.
Ind. Code § 27-13-28-6 — Indiana Code / Title 27 / Article 13 / Chapter 28 / Section 27-13-28-6
Failure to comply with net worth requirements; continued operation
Status: in_force

Sec. 6. Notwithstanding any other provision of this article, if a health maintenance organization fails to comply with the net worth requirement of this article, the commissioner may take appropriate action to assure that the continued operation of the health maintenance organization will not be hazardous to the enrollees of the organization.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-1-48-2 — Indiana Code / Title 27 / Article 1 / Chapter 48 / Section 27-1-48-2
"CPT code"
Status: in_force

Sec. 2. As used in this chapter, "CPT code" refers to the medical billing code that applies to a specific health care service, as published in the Current Procedural Terminology code set maintained by the American Medical Association.

As added by P.L.190-2023, SEC.24.
Ind. Code § 27-1-36.8-4 — Indiana Code / Title 27 / Article 1 / Chapter 36.8 / Section 27-1-36.8-4
"Hospital health care provider contract"
Status: in_force

Sec. 4. As used in this chapter, "hospital health care provider contract" means an agreement between a hospital and a health carrier concerning terms and conditions of reimbursement for health care services provided to an individual under any of the following:

(1) An employee welfare benefit plan (as defined in 29 U.S.C. 1002 et seq.).

(2) A policy of accident and sickness insurance (as defined in IC 27-8-5-1(a)).

(3) An individual contract (as defined in IC 27-13-1-21) or a group contract (as defined in IC 27-13-1-16) with a health maintenance organization.

(4) A multiple employer welfare arrangement (as defined in IC 27-1-34-1).

(5) An employee benefit plan that is subject to the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), including any third party administrator or an employee benefit plan.

As added by P.L.216-2025, SEC.43.
Ind. Code § 27-1-7.5-8 — Indiana Code / Title 27 / Article 1 / Chapter 7.5 / Section 27-1-7.5-8
Conditional indemnification of director against liability
Status: in_force

Sec. 8. (a) A corporation may indemnify an individual made a party to a proceeding because the individual is or was a director against liability incurred in the proceeding if:

(1) the individual's conduct was in good faith;

(2) the individual reasonably believed:

(A) in the case of conduct in the individual's official capacity with the corporation, that the individual's conduct was in its best interests; and

(B) in all other cases, that the individual's conduct was at least not opposed to its best interests; and

(3) in the case of any criminal proceeding, the individual either:

(A) had reasonable cause to believe the individual's conduct was lawful; or

(B) had no reasonable cause to believe the individual's conduct was unlawful.

(b) A director's conduct with respect to an employee benefit plan for a purpose the director reasonably believed to be in the interests of the participants in and beneficiaries of the plan is conduct that satisfies the requirement of subsection (a)(2).

(c) The termination of a proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent is not, of itself, determinative that the director did not meet the standard of conduct described in this section.

As added by P.L.266-1987, SEC.6.
Ind. Code § 27-2-15-4.4 — Indiana Code / Title 27 / Article 2 / Chapter 15 / Section 27-2-15-4.4
Municipality election regarding governance by chapter
Status: in_force

Sec. 4.4. (a) A municipality may elect to be governed by this chapter by submitting to the department a written request. The request must:

(1) be approved by adoption of an ordinance by the municipality's legislative body; and

(2) contain contact information for the specific individual who will act on behalf of the enforcement authority with respect to this chapter.

(b) The department shall:

(1) maintain a list of all municipalities that submit a request under subsection (a), including the contact information required by subsection (a)(2);

(2) specify the effective date of each addition of a municipality to the list; and

(3) publish the list on an Internet web site.

(c) A municipality that made an election under subsection (a) may elect to cease being governed by this chapter and may be removed from the list maintained under subsection (b) as follows:

(1) The municipality shall submit to the department a written request, approved by adoption of an ordinance by the municipality's legislative body, to cease being governed by this chapter and to be removed from the list.

(2) The department shall:

(A) amend the list by removing the municipality;

(B) specify on the amended list the effective date of the municipality's removal from the list; and

(C) publish the amended list on the Internet web site described in subsection (b)(3).

(d) A municipality that is governed by this chapter shall remit to the department a one (1) time fee of one hundred dollars ($100).

As added by P.L.238-2013, SEC.6.
Ind. Code § 27-4-4-3 — Indiana Code / Title 27 / Article 4 / Chapter 4 / Section 27-4-4-3
Acts constituting appointment of commissioner as attorney for service of process; methods of service
Status: in_force

Sec. 3. (a) Any of the following acts in this state, effected by mail, or otherwise, by an unauthorized foreign or alien insurer:

(1) the issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business in this state;

(2) the solicitation of applications for such contracts;

(3) the collection of premiums, membership fees, assessments or other considerations for such contracts; or

(4) any other transaction of insurance business;

is equivalent to and shall constitute an appointment by such insurer of the insurance commissioner of the state of Indiana and the commissioner's successor or successors in office, to be its true and lawful attorney, upon whom may be served all lawful process in any action, suit, or proceeding instituted by or on behalf of an insured or beneficiary arising out of any such contract of insurance, and any such act shall be signification of its agreement that such service of process is of the same legal force and validity as personal service of process in this state upon such insurer.

(b) Such service of process under subsection (a) shall be made by delivering to and leaving with the insurance commissioner of the state of Indiana, or in the commissioner's office, two (2) copies of the process and the payment to the commissioner at the time of such service a fee as required under IC 27-1-3-15. The insurance commissioner shall forthwith mail by registered mail one (1) of the copies of such process to the defendant at its last known principal place of business, and shall keep a record of all process so served upon the defendant. The service of process is sufficient, if notice of such service and a copy of the process are sent within ten (10) days thereafter by registered mail by plaintiff or plaintiff's attorney to the defendant at its last known principal place of business, and the defendant's receipt, or receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff's attorney showing a compliance with this section are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within any further time as the court may allow.

(c) Service of process in any such action, suit, or proceeding shall in addition to the manner provided in subsection (b) be valid if served upon any person within this state who, in this state on behalf of such insurer, is:

(1) soliciting insurance;

(2) making, issuing, or delivering any contract of insurance; or

(3) collecting or receiving any premium, membership fee, assessment or other consideration for insurance;

and a copy of such process is sent within ten (10) days after the date of service under subsection (b) by registered mail by the plaintiff or plaintiff's attorney to the defendant at the last known principal place of business of the defendant, and the defendant's receipt, or the receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff's attorney showing a compliance with this section are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.

(d) No plaintiff or complainant shall be entitled to a judgment by default under this section until the expiration of thirty (30) days from the date of the filing of the affidavit of compliance.

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

Formerly: Acts 1955, c.203, s.3. As amended by P.L.130-1994, SEC.38; P.L.116-1994, SEC.50; P.L.136-2018, SEC.172.
Ind. Code § 27-1-2.2-5 — Indiana Code / Title 27 / Article 1 / Chapter 2.2 / Section 27-1-2.2-5
Annual filing
Status: in_force

Sec. 5. A nonprofit agricultural organization offering coverage under this chapter shall annually file with the department of insurance a written, signed opinion of a qualified actuary that the plan reserves of the nonprofit agricultural organization and its affiliate are adequate and conform to the appropriate actuarial standards of practice.

As added by P.L.136-2020, SEC.1.
Ind. Code § 27-10-3-16 — Indiana Code / Title 27 / Article 10 / Chapter 3 / Section 27-10-3-16
Repealed
Status: repealed

As added by P.L.261-1985, SEC.1. Repealed by P.L.224-1993, SEC.32.
Ind. Code § 27-13-34-6 — Indiana Code / Title 27 / Article 13 / Chapter 34 / Section 27-13-34-6
"Subscriber" defined
Status: in_force

Sec. 6. As used in this chapter, "subscriber" means a person whose employment status or other status, except for family dependency, is the basis for eligibility for limited health services under a contract with an entity authorized to provide or arrange for limited health services under this chapter.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-8-15-9 — Indiana Code / Title 27 / Article 8 / Chapter 15 / Section 27-8-15-9
"Health insurance plan"
Status: in_force

Sec. 9. (a) Except as provided in section 28 of this chapter, as used in this chapter, "health insurance plan" or "plan" means any:

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

(2) hospital or medical service plan contract; or

(3) health maintenance organization subscriber contract;

provided to the employees of a small employer.

(b) The term does not include the following:

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

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

(3) Worker's compensation or similar insurance.

(4) Automobile medical payment insurance.

(5) A specified disease policy.

(6) A short term insurance plan that:

(A) may be renewed for the greater of:

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

(ii) the maximum period permitted under federal law;

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

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

(7) A policy that provides indemnity benefits not based on any expense incurred requirement, including a plan that provides coverage for:

(A) hospital confinement, critical illness, or intensive care; or

(B) gaps for deductibles or copayments.

(8) A supplemental plan that always pays in addition to other coverage.

(9) A student health plan.

(10) An employer sponsored health benefit plan that is:

(A) provided to individuals who are eligible for Medicare; and

(B) not marketed as, or held out to be, a Medicare supplement policy.

As added by P.L.127-1992, SEC.1. Amended by P.L.93-1995, SEC.11; P.L.11-2011, SEC.34; P.L.288-2019, SEC.17.
Ind. Code § 27-1-20-2 — Indiana Code / Title 27 / Article 1 / Chapter 20 / Section 27-1-20-2
Repealed
Status: repealed

Formerly: Acts 1935, c.162, s.249; Acts 1935, c.162, s.269. As amended by Acts 1957, c.124, s.1. Repealed by Acts 1971, P.L.1, SEC.8.
Ind. Code § 27-4-1-7 — Indiana Code / Title 27 / Article 4 / Chapter 1 / Section 27-4-1-7
Judicial review; civil enforcement orders
Status: in_force

Sec. 7. (a) Any person required by an order of the commissioner under section 6 of this chapter to cease and desist from engaging in any unfair method of competition or any unfair or deceptive act or practice defined in section 4 of this chapter may obtain judicial review of such order under IC 4-21.5-5.

(b) The commissioner may file a petition for civil enforcement of an order under IC 4-21.5-6.

Formerly: Acts 1947, c.112, s.7. As amended by P.L.252-1985, SEC.148; P.L.7-1987, SEC.147.
Ind. Code § 27-1-46-0.5 — Indiana Code / Title 27 / Article 1 / Chapter 46 / Section 27-1-46-0.5
Provision of information by certain health plans
Status: in_force

Sec. 0.5. Nothing in this chapter prohibits:

(1) a self-funded health benefit plan that complies with the federal Employee Retirement Income Security Act (ERISA) of 1974 (29 U.S.C. 1001 et seq.); or

(2) a:

(A) self-insurance program established to provide group health coverage as described in IC 5-10-8-7(b); or

(B) contract for health services as described in IC 5-10-8-7(c);

from providing information requested by a practitioner or provider facility under this chapter.

As added by P.L.93-2020, SEC.12. Amended by P.L.11-2023, SEC.88.
Ind. Code § 27-3-2-8 — Indiana Code / Title 27 / Article 3 / Chapter 2 / Section 27-3-2-8
Treatment of assets
Status: in_force

Sec. 8. No part of the assets now possessed by such company, or that shall be possessed at the time of the meeting at which it is determined to issue stock, or which may be acquired in the interim, shall be divided among the members of such company, or be expended, except for the ordinary disbursements of such company made in the usual course of its business, including losses incurred upon its policies, but such assets shall remain and constitute as heretofore a fund in the hands of such company for the security of the holders of its policies.

Formerly: Acts 1895, c.158, s.8.
Ind. Code § 27-1-11-7 — Indiana Code / Title 27 / Article 1 / Chapter 11 / Section 27-1-11-7
Completion of reorganization; effect
Status: in_force

Sec. 7. Upon the issuance of the certificate of reorganization by the secretary of state, the filing for record of the articles with the department and the county recorder as provided in section 6 of this chapter, and the issuance of the new certificate of authority provided for in section 6 of this chapter:

(1) the reorganization shall become effective;

(2) the corporation shall be entitled to all of the rights, privileges, immunities, powers, and franchises and be subject to all of the penalties, liabilities, and restrictions by the provisions of this article granted to or imposed upon corporations organized under this article; and

(3) the articles of incorporation or organization shall be deemed to be amended to the extent, if any, that any provision or provisions of such articles shall be restated in the articles of reorganization as provided by section 2 of this chapter.

Formerly: Acts 1935, c.162, s.145. As amended by P.L.252-1985, SEC.58.
Ind. Code § 27-1-28-7 — Indiana Code / Title 27 / Article 1 / Chapter 28 / Section 27-1-28-7
NAIC
Status: in_force

Sec. 7. As used in this chapter, "NAIC" refers to the National Association of Insurance Commissioners.

As added by P.L.11-2011, SEC.22.
Ind. Code § 27-7-10-22 — Indiana Code / Title 27 / Article 7 / Chapter 10 / Section 27-7-10-22
Financial impairment of foreign risk retention group; violations of chapter; compliance requirements
Status: in_force

Sec. 22. (a) A risk retention group that is not chartered in Indiana and that is doing business in Indiana shall comply with a lawful order issued in a voluntary dissolution proceeding or in a delinquency proceeding commenced by a state commissioner if there has been a finding of financial impairment after an examination under section 17 of this chapter.

(b) A risk retention group that violates any provision of this chapter is subject to fines and penalties, including revocation of its right to do business in Indiana, that are applicable to licensed insurers generally.

(c) In addition to complying with the other requirements of sections 14 through 22 of this chapter, a risk retention group operating in Indiana before April 1, 1988, shall, before May 1, 1988, comply with section 14(a) of this chapter.

As added by P.L.162-1988, SEC.2.
Ind. Code § 27-19-4-11 — Indiana Code / Title 27 / Article 19 / Chapter 4 / Section 27-19-4-11
Navigator course of study and examination
Status: in_force

Sec. 11. (a) An individual who applies for certification as a navigator in Indiana must complete a course of study and pass a written examination as prescribed by the commissioner in consultation with the secretary.

(b) The course of study required under subsection (a) must provide instruction in:

(1) the functions of a health benefit exchange;

(2) the duties and responsibilities of a navigator;

(3) the insurance laws of Indiana that apply to the functions of a navigator with respect to a health benefit exchange, including rules related to public health insurance programs; and

(4) the obligations of a navigator related to confidentiality of information and conflicts of interest.

(c) The examination required by subsection (a) must test the knowledge of the individual concerning the applicable:

(1) functions of a health benefit exchange;

(2) duties and responsibilities of a navigator;

(3) insurance laws of Indiana that apply to the functions of a navigator with respect to a health benefit exchange, including rules related to public health insurance programs; and

(4) the obligations of a navigator related to confidentiality of information and conflicts of interest.

(d) The commissioner:

(1) in consultation with the secretary, shall develop:

(A) a curriculum for a course of study for navigators; and

(B) policies and procedures to allow a registered application organization to develop a training program and a course curriculum that meets the requirements of subsection (b) for use in training navigators who perform the navigators' services on behalf of the registered application organization; and

(2) may contract with one (1) or more third party organizations to do any of the following with respect to the course of study described in subdivision (1)(A):

(A) Develop examinations and course materials.

(B) Administer examinations and courses of study.

(C) Collect nonrefundable course and examination fees.

(e) All training programs, course curriculums, examinations, course materials, and examination fees referred to in subsection (d) must be approved in advance by the commissioner in consultation with the secretary.

As added by P.L.278-2013, SEC.27.
Ind. Code § 27-1-22-11 — Indiana Code / Title 27 / Article 1 / Chapter 22 / Section 27-1-22-11
Appeal to commissioner from act or decision of rating organization; decision and order
Status: in_force

Sec. 11. (a) Any subscriber which has authorized a rating organization to making filings on its behalf and any member thereof which does not wish to act under sections 4(h) and 4(i) of this chapter may appeal to the commissioner from the action or decision of such rating organization in approving or rejecting any proposed change in or addition to the filings of such rating organization and the commissioner shall, after a hearing held upon not less than ten (10) days written notice to the appellant and to such rating organization, issue an order approving the action or decision of such rating organization or directing it to give further consideration to such proposal, or, if such appeal is from the action or decision of the rating organization in rejecting a proposed addition to its filings, the commissioner may, in the event the commissioner finds that such action or decision was unreasonable, issue an order directing the rating organization to make an addition to its filings in a manner consistent with the commissioner's findings within a reasonable time after the issuance of such order.

(b) If such appeal is based upon the failure of the rating organization to make a filing on behalf of such member or subscriber which is based on a system of expense provisions which differs, in accordance with the right granted in section 3(a)(3) of this chapter from the system of expense provisions included in a filing made by the rating organization, the commissioner shall, if the commissioner grants the appeal, order the rating organization to make the requested filing for use by the appellant. In deciding such appeal the commissioner shall apply the standards set forth in section 3 of this chapter.

Formerly: Acts 1967, c.133, s.11. As amended by P.L.252-1985, SEC.114; P.L.268-1999, SEC.13; P.L.81-2012, SEC.11.
Ind. Code § 27-1-41-11 — Indiana Code / Title 27 / Article 1 / Chapter 41 / Section 27-1-41-11
Administrative rules
Status: in_force

Sec. 11. The department may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.32-2012, SEC.2.
Ind. Code § 27-13-10.1-8 — Indiana Code / Title 27 / Article 13 / Chapter 10.1 / Section 27-13-10.1-8
Certification of independent review organizations
Status: in_force

Sec. 8. (a) The department shall establish and maintain a process for annual certification of independent review organizations.

(b) The department shall certify a number of independent review organizations determined by the department to be sufficient to fulfill the purposes of this chapter.

(c) An independent review organization shall meet the following minimum requirements for certification by the department:

(1) Medical review professionals assigned by the independent review organization to perform external grievance reviews under this chapter:

(A) must be board certified in the specialty in which an enrollee's proposed service would be provided;

(B) must be knowledgeable about a proposed service through actual clinical experience;

(C) must hold an unlimited license to practice in a state of the United States; and

(D) must have no history of disciplinary actions or sanctions including:

(i) loss of staff privileges; or

(ii) restriction on participation;

taken or pending by any hospital, government, or regulatory body.

(2) The independent review organization must have a quality assurance mechanism to ensure the:

(A) timeliness and quality of reviews;

(B) qualifications and independence of medical review professionals;

(C) confidentiality of medical records and other review materials; and

(D) satisfaction of enrollees with the procedures utilized by the independent review organization, including the use of enrollee satisfaction surveys.

(3) The independent review organization must file with the department the following information before March 1 of each year:

(A) The number and percentage of determinations made in favor of enrollees.

(B) The number and percentage of determinations made in favor of health maintenance organizations.

(C) The average time to process a determination.

(D) The number of external grievance reviews terminated due to reconsideration of the health maintenance organization before a determination was made.

(E) Any other information required by the department.

The information required under this subdivision must be specified for each health maintenance organization for which the independent review organization performed reviews during the reporting year.

(4) The independent review organization must retain all records related to an external grievance review for at least three (3) years after a determination is made under section 4 of this chapter.

(5) Any additional requirements established by the department.

(d) The department may not certify an independent review organization that is one (1) of the following:

(1) A professional or trade association of health care providers or a subsidiary or an affiliate of a professional or trade association of health care providers.

(2) A health insurer, health maintenance organization, or health plan association or a subsidiary or an affiliate of a health insurer, health maintenance organization, or health plan association.

(e) The department may suspend or revoke an independent review organization's certification if the department finds that the independent review organization is not in substantial compliance with the certification requirements under this section.

(f) The department shall make available to health maintenance organizations a list of all certified independent review organizations.

(g) The department shall make the information provided to the department under subsection (c)(3) available to the public in a format that does not identify individual enrollees.

As added by P.L.133-1999, SEC.7. Amended by P.L.14-2000, SEC.60; P.L.160-2011, SEC.30.
Ind. Code § 27-8-8-1 — Indiana Code / Title 27 / Article 8 / Chapter 8 / Section 27-8-8-1
Repealed
Status: repealed

As added by Acts 1978, P.L.129, SEC.3. Amended by P.L.1-1989, SEC.56; P.L.192-1991, SEC.3; P.L.1-1992, SEC.154; P.L.251-1995, SEC.18. Repealed by P.L.193-2006, SEC.32.
Ind. Code § 27-1-7-10 — Indiana Code / Title 27 / Article 1 / Chapter 7 / Section 27-1-7-10
Board of directors; general provisions; management of business; executive committee; removal of directors
Status: in_force

Sec. 10. (a) The business of every corporation shall be managed by a board of directors, composed of not less than five (5) nor more than the maximum number fixed in the articles of incorporation. The exact number of directors to serve for each year shall be determined from time to time, in such manner as the bylaws prescribe.

(b) The first board of directors shall be elected by the incorporators and shall hold office until the first annual meeting of the shareholders, members or policyholders. At the first annual meeting of the shareholders, members or policyholders, and at each annual meeting thereafter, directors shall be elected by the shareholders, members or policyholders for the term or terms hereinafter prescribed.

(c) The articles of incorporation or the bylaws may provide that the directors may be divided into two (2) or more classes whose terms of office expire at different times, but no term shall continue longer than six (6) years. In the absence of such provision, each director, except members of the first board of directors, shall be elected for a term of one (1) year and shall hold office until the director's successor is elected and has qualified.

(d) Any vacancy which may occur in the membership of the board of directors, caused by an increase in the number of directors or otherwise (except death, resignation, or disqualification), shall be filled by a majority vote of the remaining members of the board, until the next annual meeting of the shareholders, members or policyholders. A vacancy in the membership in the board of directors caused by death, resignation or disqualification of a member shall be filled by a majority vote of the remaining membership of the board for the unexpired term of the directorship.

(e) A majority of the whole board of directors is necessary to constitute a quorum for the transaction of any business except the filling of vacancies, and the act of a majority of the board of directors present at any meeting at which a quorum is present is the act of the board of directors, unless a greater number is required by this article, or by the articles of incorporation or the bylaws.

(f) The board of directors may, by a resolution adopted by a majority of the whole board, pursuant to a provision of the bylaws, designate two (2) or more of their number to constitute an executive committee, which, to the extent provided in that resolution or in the bylaws, has all of the authority of the board of directors in the management of the corporation, during the interval between the meetings of the board, but the designation of the committee and the delegation to the committee of such authority does not operate to relieve the board of directors or any member of the board of directors of any responsibility imposed upon it or the member by this article. The minutes of each meeting of the executive committee shall be read at the next succeeding meeting of the board of directors.

(g) Meetings of the board of directors may be held at such time at the principal office of the corporation or at such other place as may be unanimously designated by the board of directors, and upon the notice provided in the bylaws. Unless otherwise provided by the articles of incorporation or bylaws, a member of the board of directors or of a committee designated by the board may participate in a meeting of the board or committee by means of a conference telephone or similar communications equipment by which all persons participating in the meeting can communicate with each other, and participation by these means constitutes presence in person at the meeting.

(h) Unless otherwise provided in the articles of incorporation or bylaws, an action required or permitted to be taken at a meeting of the board of directors or of a committee of the board may be taken without a meeting if:

(1) before the action is taken, a written consent to the action is signed by all members of the board or of the committee; and

(2) the written consent is filed with the minutes of the proceedings of the board or the committee.

(i) Every director, when elected, shall take and subscribe an oath that he will, insofar as the duty devolves upon him, faithfully, honestly and diligently administer the affairs of such corporation, and that he will not knowingly violate or willingly permit to be violated any of the provisions of law applicable to any such corporation.

(j) A director may be removed in any manner provided by the articles of incorporation. Unless the articles of incorporation provide otherwise, a director may be removed, with or without cause, by a majority vote of:

(1) the shareholders of a stock company;

(2) the members or policyholders of a mutual company qualified to elect directors; or

(3) the directors.

(k) A director may be removed under this subsection:

(1) only at a meeting called for the purpose of removing the director; and

(2) the meeting notice must state that the purpose, or one (1) of the purposes, of the meeting is removal of the director.

Formerly: Acts 1935, c.162, s.88; Acts 1969, c.164, s.4; Acts 1971, P.L.1, SEC.7. As amended by Acts 1982, P.L.161, SEC.1; P.L.266-1987, SEC.3.
Ind. Code § 27-8-26-0.1 — Indiana Code / Title 27 / Article 8 / Chapter 26 / Section 27-8-26-0.1
Application of chapter
Status: in_force

Sec. 0.1. The addition of this chapter by P.L.150-1997 applies to all applications and policies for accident and sickness insurance delivered, issued for delivery, renewed, or executed after December 31, 1997.

As added by P.L.220-2011, SEC.452.
Ind. Code § 27-1-28-11 — Indiana Code / Title 27 / Article 1 / Chapter 28 / Section 27-1-28-11
Temporary emergency independent adjuster licensure
Status: in_force

Sec. 11. (a) If a catastrophe is declared, an insurer may contract with an individual who:

(1) is not licensed under this chapter; but

(2) is otherwise qualified to adjust claims;

to act as a temporary emergency independent adjuster on behalf of the insurer if the insurer obtains for the individual a temporary emergency independent adjuster license under this section.

(b) An insurer described in subsection (a) must, not more than five (5) days after the individual begins to adjust claims arising from the declared catastrophe, submit to the commissioner an application for temporary emergency licensure of the individual under this section.

(c) An application submitted under subsection (b) must include the following information in a format prescribed by the commissioner:

(1) The name of the individual.

(2) The name of the insurer.

(3) The effective date of the contract between the insurer and the individual.

(4) The catastrophe or loss number.

(5) The catastrophe event name.

(6) Other information the commissioner considers necessary.

(d) The commissioner shall establish standards and procedures for temporary emergency independent adjuster licensure under this section.

(e) A temporary emergency independent adjuster license issued under this section is effective for not more than ninety (90) days, unless extended by the commissioner. In the event of multiple catastrophes, an individual who holds a temporary emergency independent adjuster license issued under this section with respect to one (1) declared catastrophe may adjust claims arising from any other catastrophe that occurs within the ninety (90) day period during which the license is effective under this subsection without the insurer applying for an additional temporary emergency independent adjuster license.

(f) The rules adopted by the commissioner under section 2 of this chapter may establish a fee for an application submitted under this section.

As added by P.L.11-2011, SEC.22. Amended by P.L.148-2017, SEC.5.
Ind. Code § 27-8-31.4-5 — Indiana Code / Title 27 / Article 8 / Chapter 31.4 / Section 27-8-31.4-5
Denial of coverage to synchronize prohibited
Status: in_force

Sec. 5. A policy of accident and sickness insurance that provides coverage for prescription drugs may not deny coverage for the refill of any drug prescribed for the treatment of a chronic illness that is made in accordance with a plan between the covered individual and a pharmacist to synchronize the refilling of multiple prescriptions for the covered individual.

As added by P.L.202-2017, SEC.20.
Ind. Code § 27-13-29-3 — Indiana Code / Title 27 / Article 13 / Chapter 29 / Section 27-13-29-3
Repealed
Status: repealed

As added by P.L.26-1994, SEC.25. Repealed by P.L.227-1995, SEC.2.
Ind. Code § 27-16-2-15 — Indiana Code / Title 27 / Article 16 / Chapter 2 / Section 27-16-2-15
"Temporary help service"
Status: in_force

Sec. 15. "Temporary help service" means a service consisting of a person that:

(1) recruits and hires the person's own employees, not including an officer, a manager, or a controlling person of a client to which the person's own employee is assigned by the person;

(2) identifies organizations that need the services of employees described in subdivision (1);

(3) assigns employees described in subdivision (1) to:

(A) perform work or services for organizations described in subdivision (2);

(B) support or supplement the workforces of organizations described in subdivision (2); or

(C) provide assistance in special work situations, including employee absences, skill shortages, seasonal workloads, and special assignments or projects; and

(4) customarily attempts to reassign the employees described in subdivision (1) to other organizations when an assignment described in subdivision (3) is completed.

As added by P.L.245-2005, SEC.7.
Ind. Code § 27-1-36-37 — Indiana Code / Title 27 / Article 1 / Chapter 36 / Section 27-1-36-37
Timing for submission of RBC plan or revised RBC plan after regulatory action level event
Status: in_force

Sec. 37. The RBC plan or revised RBC plan must be submitted:

(1) not more than forty-five (45) days after the regulatory action level event;

(2) not later than forty-five (45) days after the notification to the insurer that the commissioner has, after a hearing under section 44 of this chapter, rejected the insurer's challenge to an adjusted RBC report; or

(3) not more than forty-five (45) days after the notification to the insurer that the commissioner has, after a hearing under section 44 of this chapter, rejected the insurer's challenge to an adjusted RBC plan.

As added by P.L.186-1996, SEC.1.
Ind. Code § 27-15-1-8 — Indiana Code / Title 27 / Article 15 / Chapter 1 / Section 27-15-1-8
"Former mutual"
Status: in_force

Sec. 8. "Former mutual" means the domestic stock insurance company resulting from the conversion of a converting mutual to a stock insurance company under a plan of conversion and an amendment to its articles of incorporation under this article.

As added by P.L.94-1999, SEC.3.
Ind. Code § 27-1-37.3-0.1 — Indiana Code / Title 27 / Article 1 / Chapter 37.3 / Section 27-1-37.3-0.1
Application of chapter
Status: in_force

Sec. 0.1. The addition of this chapter by P.L.55-2008 applies to a health care contract that is entered into, amended, or renewed after June 30, 2008.

As added by P.L.220-2011, SEC.425.
Ind. Code § 27-13-24-1 — Indiana Code / Title 27 / Article 13 / Chapter 24 / Section 27-13-24-1
Grounds for suspension or revocation
Status: in_force

Sec. 1. (a) The commissioner may suspend or revoke a certificate of authority issued under this article or deny an application submitted under this article if the commissioner finds that any of the following conditions exists:

(1) The health maintenance organization is operating:

(A) significantly in contravention of its basic organizational document; or

(B) in a manner contrary to that described in any other information submitted under IC 27-13-2;

unless amendments to the basic organizational document or other submissions that are consistent with the operations of the organization have been filed with and approved by the commissioner.

(2) The health maintenance organization:

(A) issues an evidence of coverage;

(B) enters into a contract with a participating provider; or

(C) uses a schedule of charges for health care services;

that does not comply with the requirements of IC 27-13-7, IC 27-13-15, and IC 27-13-20.

(3) The health maintenance organization does not provide or arrange for basic health care services.

(4) The commissioner determines that the health maintenance organization is unable to fulfill its obligations to furnish health care coverage.

(5) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees.

(6) The health maintenance organization has failed to correct, within the time prescribed by section 2 of this chapter, any deficiency occurring due to the impairment of the prescribed minimum net worth of the health maintenance organization.

(7) The health maintenance organization has failed to implement the grievance procedures required by IC 27-13-10 in a reasonable manner to resolve valid complaints.

(8) The health maintenance organization or any person acting on behalf of the organization has intentionally advertised or merchandised the services of the organization in an untrue, a misrepresentative, a misleading, a deceptive, or an unfair manner.

(9) The continued operation of the health maintenance organization would be hazardous to the enrollees of the organization.

(10) The health maintenance organization fails to comply with the requirements provided under IC 27-13-36 through IC 27-13-40.

(11) The health maintenance organization has otherwise failed substantially to comply with this article.

(b) The commissioner, in a proceeding under IC 4-21.5-3-8, may impose a civil penalty of not more than twenty-five thousand dollars ($25,000) against a health maintenance organization for each cause listed in subsection (a). The civil penalties may not exceed one hundred thousand dollars ($100,000) for any one (1) health maintenance organization in one (1) calendar year. The penalty may be imposed in addition to or instead of a suspension or revocation of the certificate of authority of the health maintenance organization.

As added by P.L.26-1994, SEC.25. Amended by P.L.69-1998, SEC.10.
Ind. Code § 27-17-10-5 — Indiana Code / Title 27 / Article 17 / Chapter 10 / Section 27-17-10-5
Suspension; requirements
Status: in_force

Sec. 5. On the date that a discount medical card program organization receives notice from the department that the discount medical card program organization's registration is suspended, the discount medical card program organization shall:

(1) cease to enroll new cardholders;

(2) honor discounts for existing cardholders for expenses incurred before and on the date of suspension;

(3) discontinue collection of fees from existing cardholders after the date of suspension; and

(4) refund fees collected from existing cardholders after the date of suspension.

As added by P.L.73-2006, SEC.3.
Ind. Code § 27-1-8-11 — Indiana Code / Title 27 / Article 1 / Chapter 8 / Section 27-1-8-11
Prerequisites to corporate acts under amendment
Status: in_force

Sec. 11. (a) A corporation whose articles of incorporation have been amended in accordance with the provisions of this chapter shall not exercise any power, right, or authority conferred by, or take any action pursuant to, such amendment until:

(1) the corporation shall have filed one (1) of the triplicate copies of the articles of amendment, bearing the endorsement of the approval of the secretary of state as provided in section 8 of this chapter, for record in the office of the county recorder of the county in which the articles of incorporation of such corporation were or should have been filed for record as provided in IC 27-1-6-13; and

(2) the company shall have filed a certified copy of such amended certificate of authority for record with the county recorder of the county wherein the principal office is located, which certified copy shall be evidence only that the company is authorized and licensed to transact the kind or kinds of insurance set out in the amended certificate of authority, for the period stated in the amended certficate of authority.

(b) If a corporation exercises any such power, right, or authority, or takes any such action, in violation of this section, the officers and directors who participated in the exercise or action in violation of this section shall be severally liable for any debts or liabilities of the corporation incurred because of the exercise or action or arising from the exercise or action.

Formerly: Acts 1935, c.162, s.111. As amended by P.L.252-1985, SEC.37; P.L.136-2018, SEC.153.
Ind. Code § 27-8-37-2 — Indiana Code / Title 27 / Article 8 / Chapter 37 / Section 27-8-37-2
Coverage for PANS and PANDAS
Status: in_force

Sec. 2. A policy of accident and sickness insurance must provide coverage for treatment of:

(1) pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections (PANDAS); and

(2) pediatric acute-onset neuropsychiatric syndrome (PANS);

including treatment with intravenous immunoglobulin therapy.

As added by P.L.130-2020, SEC.14.
Ind. Code § 27-1-45.2-2 — Indiana Code / Title 27 / Article 1 / Chapter 45.2 / Section 27-1-45.2-2
"Claim specific payment information"
Status: in_force

Sec. 2. (a) As used in this chapter, "claim specific payment information" means billed charges, allowed amounts, payment amounts, cost sharing amounts, and any other monetary amounts associated with the adjudication of an identifiable health care claim.

(b) The term does not include aggregated or de-identified data that cannot reasonably be used to identify a specific claim, patient, or provider.

As added by P.L.119-2026, SEC.1.
Ind. Code § 27-13-6-2 — Indiana Code / Title 27 / Article 13 / Chapter 6 / Section 27-13-6-2
Internal quality management program required
Status: in_force

Sec. 2. A health maintenance organization shall have an ongoing internal quality management program to monitor and evaluate the health care services it provides, including:

(1) primary and specialist physician services; and

(2) ancillary and preventive health care services;

across all institutional and noninstitutional settings.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-6-6-1 — Indiana Code / Title 27 / Article 6 / Chapter 6 / Section 27-6-6-1
Subscribers; authority to exchange reciprocal or interinsurance contracts; title insurance exception
Status: in_force

Sec. 1. Individuals, partnerships, limited liability companies, and corporations of this state, hereby designated "subscribers," are hereby authorized to exchange reciprocal or interinsurance contracts with each other or with individuals, partnerships, limited liability companies, and corporations of other states and countries, providing indemnity among themselves from any loss which may be insured against under the fire or casualty classifications as authorized by the insurance laws of this state, except title insurance.

Formerly: Acts 1919, c.102, s.1; Acts 1967, c.232, s.1. As amended by P.L.8-1993, SEC.421.
Ind. Code § 27-11-8-9 — Indiana Code / Title 27 / Article 11 / Chapter 8 / Section 27-11-8-9
Licensing of insurance producers of societies
Status: in_force

Sec. 9. (a) Insurance producers of societies shall be licensed in accordance with the laws regulating the licensing and the revocation, suspension, or termination of license of resident and nonresident insurance producers.

(b) No examination or license shall be required of any regular salaried officer, employee, or member of a licensed society who devotes substantially all of the officer's, employee's or member's services to activities other than the solicitation of fraternal insurance contracts from the public and who receives for the solicitation of those contracts no commission or other compensation directly dependent upon the amount of business obtained.

As added by P.L.262-1985, SEC.1. Amended by P.L.178-2003, SEC.83.
Ind. Code § 27-19-2-9 — Indiana Code / Title 27 / Article 19 / Chapter 2 / Section 27-19-2-9
"Health insurance coverage"
Status: in_force

Sec. 9. "Health insurance coverage" has the meaning set forth in Section 2791 of the federal Public Health Service Act (42 U.S.C. 300gg-91).

As added by P.L.278-2013, SEC.27.
Ind. Code § 27-1-43.2-3 — Indiana Code / Title 27 / Article 1 / Chapter 43.2 / Section 27-1-43.2-3
"Incidental cost"
Status: in_force

Sec. 3. (a) As used in this chapter, "incidental cost" means an expense that is:

(1) specified in a service contract that applies to a motor vehicle;

(2) incurred by the holder due to the failure of an ancillary protection product to perform as provided in the service contract sold with the ancillary protection product; and

(3) reimbursed to the holder:

(A) as a fixed amount specified in the service contract; or

(B) by use of a formula that itemizes specific incurred expenses.

(b) "Incidental cost" includes the following:

(1) Insurance policy deductibles.

(2) Rental vehicle charges.

(3) The difference between the actual value of a stolen motor vehicle at the time of theft and the cost of a replacement motor vehicle.

(4) Sales tax.

(5) Registration fees.

(6) Transaction fees.

(7) Mechanical inspection fees.

(8) Expense incurred due to a defective part or mechanical or electrical breakdown.

(9) Expense incurred for labor.

(10) Expense incurred for other remedial measures, including a repair, a replacement, or repetition of a service.

As added by P.L.129-2014, SEC.10.
Ind. Code § 27-6-6-11 — Indiana Code / Title 27 / Article 6 / Chapter 6 / Section 27-6-6-11
Refusal, suspension, or revocation of certificate of authority
Status: in_force

Sec. 11. In addition to the penalties in section 10 of this chapter and where not otherwise provided, the penalty for failure or refusal to comply with any or all of the terms and provisions of this chapter, upon the part of the attorney, shall be the refusal, suspension, or revocation of certificate of authority or license by the insurance department, after due notice and opportunity for hearing has been given such attorney, so that he may appear and show cause why such action should not be taken.

Formerly: Acts 1919, c.102, s.11; Acts 1967, c.232, s.9. As amended by P.L.252-1985, SEC.220.
Ind. Code § 27-8-8-5.4 — Indiana Code / Title 27 / Article 8 / Chapter 8 / Section 27-8-8-5.4
Association obligations to person entitled to coverage
Status: in_force

Sec. 5.4. If the association has arranged or offered to discharge the association's obligations under this chapter with respect to contractual obligations owed to a person entitled to coverage under this chapter:

(1) the person, and any other person claiming by, through, or under the person, is not entitled to benefits from the association in addition to or other than benefits arranged or offered by the association; and

(2) the association is relieved of further obligation with respect to the contractual obligations if the person rejects, declines, or otherwise fails to accept the association's arrangement or offer.

As added by P.L.193-2006, SEC.16.
Ind. Code § 27-15-7-2 — Indiana Code / Title 27 / Article 15 / Chapter 7 / Section 27-15-7-2
Purpose; effect of confidentiality
Status: in_force

Sec. 2. Filings, information, and documents made with or provided to the commissioner under this article may include information that might be damaging to a converting mutual or its affiliates if made available to competitors. Subject to section 3 of this chapter, all documents containing trade secrets of a converting mutual or its affiliates and marked "confidential" by the converting mutual:

(1) are declared confidential for purposes of IC 5-14-3-4;

(2) are not subject to inspection and copying by the public under IC 5-14-3-3;

(3) may be disclosed by the commissioner to the department of insurance of another state if that department of insurance agrees to keep the information confidential; and

(4) may not be disclosed by the commissioner to any person other than a department of insurance under subdivision (3) without the written consent of the converting mutual.

As added by P.L.94-1999, SEC.3.
Ind. Code § 27-1-20-1 — Indiana Code / Title 27 / Article 1 / Chapter 20 / Section 27-1-20-1
Insurance of deposited securities
Status: in_force

Sec. 1. The department, in the name of the State of Indiana, and for the benefit of the owners of all securities subject to negotiation by delivery, and deposited with the department or under its supervision, shall purchase and maintain insurance, in an aggregate amount not to exceed one million dollars, against loss from any cause that the department may deem appropriate.

Formerly: Acts 1935, c.162, s.248; Acts 1971, P.L.385, SEC.5.
Ind. Code § 27-1-47.5-5 — Indiana Code / Title 27 / Article 1 / Chapter 47.5 / Section 27-1-47.5-5
Pricing; report
Status: in_force

Sec. 5. The department shall contract with a third party to do the following:

(1) Calculate an Indiana nonprofit hospital system's prices from the commercially insured market, categorized by:

(A) self-funded plan prices;

(B) fully-funded plan prices;

(C) the individual market prices; and

(D) the total combined prices of clauses (A) through (C);

expressed as a percentage of how much Medicare would have paid for the same services for the 2021 calendar year, the 2022 calendar year, and the 2023 calendar year.

(2) Not later than December 1, 2024, prepare a report of the findings in subdivision (1) and submit the report to the following:

(A) The department.

(B) The health care cost oversight task force established by IC 2-5-47.

(C) The budget committee for review.

As added by P.L.203-2023, SEC.21.
Ind. Code § 27-13-34-16 — Indiana Code / Title 27 / Article 13 / Chapter 34 / Section 27-13-34-16
"Net worth" and "uncovered expense" defined; computation of net worth; minimum net worth
Status: in_force

Sec. 16. (a) As used in this section, "net worth" means the excess of total assets over total liabilities, excluding liabilities that have been subordinated in a manner acceptable to the commissioner.

(b) For the purposes of computing net worth, the total assets must be reduced by the value assigned to the following intangible assets:

(1) Goodwill.

(2) Going concern value.

(3) Organizational expense.

(4) Start-up costs.

(5) Long term prepayments of deferred charges.

(6) Nonreturnable deposits.

(7) Obligations of officers, directors, owners, or affiliates, except short term obligations of affiliates for goods or services that:

(A) arise in the normal course of business;

(B) are payable on the same terms as equivalent transactions with nonaffiliates; and

(C) are not past due.

(c) As used in this section, "uncovered expense" means the cost of health care services:

(1) that are the obligation of a limited service health maintenance organization;

(2) for which an enrollee may be liable in the event of the insolvency of the organization; and

(3) for which alternative arrangements acceptable to the commissioner have not been made to cover the costs.

(d) For purposes of the definition of "uncovered expense" set forth in subsection (c), costs incurred by a provider who has agreed in writing not to bill enrollees, except for permissible supplemental charges, shall be considered a covered expense.

(e) Each limited service health maintenance organization must, at all times, have and maintain net worth equal to the greater of:

(1) fifty thousand dollars ($50,000); or

(2) two and one-half percent (2.5%) of the annual gross subscription income of the organization, up to a maximum of two hundred fifty thousand dollars ($250,000).

(f) A limited service health maintenance organization shall maintain as a claim or loss reserve, in cash or obligations of the United States government, assets sufficient to discharge all liabilities on all uncovered expenses arising under policies issued.

(g) The commissioner may adopt rules under IC 4-22-2 to further define whether and to what extent the assets of a limited service health maintenance organization may be considered to be admitted assets for the purposes of complying with the requirements of this chapter.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-8-3-15 — Indiana Code / Title 27 / Article 8 / Chapter 3 / Section 27-8-3-15
Transfer or reinsurance of risks; approval; notice of preference for transfer to different corporation
Status: reserved

Sec. 15. No such corporation, association, or society, organized under the laws of this state, shall transfer its risks to, or reinsure them in any other corporation, association, or society unless the contract of transfer or reinsurance is first submitted to and approved by a two-thirds (2/3) vote of a meeting of the insured, called to consider the same, of which meeting, a written or printed notice shall be mailed to each member, certificate holder, or policyholder, at least thirty (30) days before the day fixed for such meeting. If such transfer or reinsurance shall be approved, every member, certificate holder or policyholder of the corporation, association, or society, who shall file with the secretary of the corporation, association, or society, within ten (10) days after the meeting, a written notice of the member's, certificate holder's, or policyholder's preference to be transferred to some other corporation, association, or society, than that named in the contract, shall be accorded all the rights and privileges, if any, in aid of such transfer as would have been accorded under the terms of such contract had the member, certificate holder, or policyholder been transferred to the corporation, association, or society named. No such corporation, association, or society, organized under the laws of this state, shall transfer its risks or assets, or any part of its risks or assets, to, or reinsure its risks, or any part of its risks or assets, in any insurance corporation, association, or society of any other state or country, which is not at the time of such transfer or reinsurance authorized to do business in this state under the laws of this state.

Formerly: Acts 1897, c.195, s.15. As amended by P.L.136-2018, SEC.191.
Ind. Code § 27-19-4-13 — Indiana Code / Title 27 / Article 19 / Chapter 4 / Section 27-19-4-13
Reapplication for examination
Status: in_force

Sec. 13. An individual who fails to:

(1) appear for a scheduled examination required under section 11(a) of this chapter; or

(2) pass the examination;

may not be rescheduled for the examination unless the individual reapplies for the examination and remits all required fees and forms.

As added by P.L.278-2013, SEC.27.
Ind. Code § 27-1-46.5-10 — Indiana Code / Title 27 / Article 1 / Chapter 46.5 / Section 27-1-46.5-10
Offer of a direct to employer health care arrangement by a hospital; benchmark; requirements; audit; assessment
Status: in_force

Sec. 10. (a) Beginning September 1, 2026, a hospital that is not a part of an Indiana nonprofit hospital system shall offer a direct to employer health care arrangement that is at or below a benchmark of two hundred sixty percent (260%) of full Medicare.

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

(1) hospital inpatient facility prices;

(2) hospital outpatient facility prices; and

(3) professional fee for services provided to a patient by an employed qualified practitioner;

expressed as a percentage of full Medicare.

(c) A hospital meets the requirements of subsection (a) by doing any of the following:

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

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

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

(d) Beginning October 1, 2026, and before every October 1 thereafter, a hospital shall cooperate with an audit by the Indiana department of health to determine compliance with this section.

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

As added by P.L.216-2025, SEC.46.
Ind. Code § 27-7-6-6 — Indiana Code / Title 27 / Article 7 / Chapter 6 / Section 27-7-6-6
Notice of nonrenewal
Status: in_force

Sec. 6. (a) An insurer shall not fail to renew a policy unless it mails to the named insured, at the address shown in the policy, at least thirty (30) days advance notice of its intention not to renew the policy.

(b) If a policy was procured by an independent insurance producer duly licensed by the state of Indiana, a notice of intent not to renew the policy shall be mailed to the independent insurance producer at least ten (10) days prior to the mailing of the notice of intention not to renew to the named insured under subsection (a), unless such notice of intent is or has been waived in writing by the independent insurance producer.

(c) This section does not apply:

(1) if the insurer has manifested its willingness to renew; or

(2) in case of nonpayment of premium.

However, notwithstanding the failure of an insurer to comply with this section, the policy shall terminate on the effective date of any other insurance policy with respect to any automobile designated in both policies.

(d) A notice of intention not to renew is not required under this section if:

(1) the insured is transferred from an insurer to an affiliate of the insurer for future coverage; and

(2) the transfer results in the same or broader coverage.

(e) Renewal of a policy shall not constitute a waiver or estoppel with respect to grounds for cancellation which existed before the effective date of such renewal.

Formerly: Acts 1969, c.332, s.6. As amended by P.L.160-2003, SEC.24; P.L.178-2003, SEC.46; P.L.97-2004, SEC.98; P.L.148-2017, SEC.16; P.L.196-2021, SEC.36; P.L.86-2026, SEC.20.
Ind. Code § 27-1-3-10.5 — Indiana Code / Title 27 / Article 1 / Chapter 3 / Section 27-1-3-10.5
Disclosure of information
Status: in_force

Sec. 10.5. (a) As used in this section, "confidential information" means information that has been designated as confidential by statute, rule, or regulation issued under a statute.

(b) The commissioner may not:

(1) disclose; or

(2) subject to subpoena;

financial information regarding material transactions disclosed by an insurer under IC 27-2-18.

(c) The commissioner may not disclose any information, including any document or report received from:

(1) the National Association of Insurance Commissioners; or

(2) an insurance department of another state;

if the information is designated as confidential information in the other jurisdiction.

(d) The commissioner may share confidential information with:

(1) the National Association of Insurance Commissioners; or

(2) an insurance department of another state;

on the condition that the National Association of Insurance Commissioners and the other state agree to maintain the same level of confidentiality that is provided to the information under Indiana law.

(e) The commissioner may share confidential information related to a health benefit exchange established under the federal Patient Protection and Affordable Care Act (P.L. 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (P.L. 111-152), with the health benefit exchange if the health benefit exchange:

(1) agrees to maintain the same level of confidentiality that is provided to the confidential information under Indiana law; and

(2) complies with all applicable confidentiality requirements under federal law.

As added by P.L.251-1995, SEC.1. Amended by P.L.278-2013, SEC.20.
Ind. Code § 27-13-26-1 — Indiana Code / Title 27 / Article 13 / Chapter 26 / Section 27-13-26-1
Hazardous financial condition; corrective action ordered by commissioner
Status: in_force

Sec. 1. (a) If the commissioner determines that:

(1) the financial condition of a health maintenance organization is such that the continued operation of the organization might be hazardous to:

(A) the subscribers, enrollees, or creditors of the organization; or

(B) the general public; or

(2) the organization has violated any provision of this article;

the commissioner may, after notice and hearing, order the health maintenance organization to take action reasonably necessary to rectify the condition or violation.

(b) An order of the commissioner under subsection (a) may require a health maintenance organization to do one (1) or more of the following:

(1) Reduce the total amount of present and potential liability for benefits by reinsurance or another method acceptable to the commissioner.

(2) Reduce the volume of new business being accepted.

(3) Reduce expenses by specified methods.

(4) Suspend or limit the writing of new business for a period of time.

(5) Increase the capital and surplus of the health maintenance organization by contribution.

(6) Take other steps the commissioner considers appropriate under the circumstances.

(c) The commissioner's order under this section may require items in addition to those set forth in subsection (b).

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-9-3.1-12 — Indiana Code / Title 27 / Article 9 / Chapter 3.1 / Section 27-9-3.1-12
Rights
Status: in_force

Sec. 12. Notwithstanding any other provision of this title to the contrary, a person may exercise any of the following:

(1) A contractual right to cause the termination, liquidation, acceleration, or close-out of obligations in connection with a netting agreement or qualified financial contract with an insurer due to:

(A) the insolvency, financial condition, or default of the insurer if the right is enforceable under applicable law other than this title; or

(B) the commencement of a formal delinquency proceeding under IC 27-9-3.

(2) A right under:

(A) a pledge, security, collateral, reimbursement, guarantee agreement, or similar security agreement; or

(B) an arrangement or credit enhancement relating to at least one (1) netting agreement or qualified financial contract.

(3) A right to set off or net out a termination value, payment amount, or other transfer obligation arising in connection with at least one (1) qualified financial contract in which the counterparty or the counterparty's guarantor is organized under the laws of:

(A) the United States; or

(B) a state or foreign jurisdiction approved as eligible for netting by the Securities Valuation Office of the NAIC.

As added by P.L.11-2011, SEC.36. Amended by P.L.148-2017, SEC.19.
Ind. Code § 27-1-37.5-11 — Indiana Code / Title 27 / Article 1 / Chapter 37.5 / Section 27-1-37.5-11
Repealed
Status: repealed

As added by P.L.77-2018, SEC.2. Amended by P.L.190-2023, SEC.16. Repealed by P.L.144-2025, SEC.20.
Ind. Code § 27-8-17-3 — Indiana Code / Title 27 / Article 8 / Chapter 17 / Section 27-8-17-3
"Enrollee" defined
Status: in_force

Sec. 3. As used in this chapter, "enrollee" means an individual who has contracted for or who participates in coverage under an insurance policy issued under insurance classes 1(b) and 2(a) of IC 27-1-5-1, health maintenance organization contract, or other benefit program providing payment, reimbursement, or indemnification for the costs of health care for:

(1) the individual;

(2) eligible dependents of the individual; or

(3) both the individual and the individual's eligible dependents.

As added by P.L.128-1992, SEC.1.
Ind. Code § 27-8-8-16.2 — Indiana Code / Title 27 / Article 8 / Chapter 8 / Section 27-8-8-16.2
Premium surcharge or assignment in lieu of credit
Status: in_force

Sec. 16.2. (a) A member insurer that is not eligible to take a credit under section 16 of this chapter may, after approval by the commissioner, place a surcharge on the member insurer's premiums in a sum reasonably calculated to recoup the member insurer's assessments over a reasonable period, as approved by the commissioner.

(b) Any amount recouped under subsection (a) is not considered to be a premium for any other purpose, including computation of gross premium tax, medical loss ratio, or insurance producer commission.

(c) In lieu of the surcharge allowed by subsection (a), a member insurer that is not eligible to take a credit under section 16 of this chapter may assign the credit to the member insurer's affiliate (as defined in IC 27-1-23-1(b)).

As added by P.L.208-2018, SEC.24.
Ind. Code § 27-5.1-2-0.1 — Indiana Code / Title 27 / Article 5.1 / Chapter 2 / Section 27-5.1-2-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The amendments made to section 8 of this chapter by P.L.137-2006 and P.L.162-2006 apply only to taxable years beginning after December 31, 2005.

As added by P.L.220-2011, SEC.431.
Ind. Code § 27-1-22-9 — Indiana Code / Title 27 / Article 1 / Chapter 22 / Section 27-1-22-9
Deviation from rates; filing; effective date; termination; public inspection
Status: in_force

Sec. 9. (a) In addition to any rights conferred pursuant to section 4 of this chapter any member or subscriber to a rating organization may file with commissioner a deviation from the rates, rating schedules, rating plans, rating systems, or rules respecting any kind of insurance, division, subdivision, classification, or any part or combination of any of the foregoing.

(b) Such a filing shall specify the nature and extent of the deviation and shall be accompanied by the relevant information upon which the filer supports the deviation. The commissioner shall have the right to request any additional relevant information.

(c) Such deviation shall become effective upon the date of filing by delivery or upon date of mailing by registered mail to the commissioner or on a later date specified in the filing. It shall be in effect until terminated by the filer giving notice to the commissioner of the termination of the deviation. A change in the rates, rating schedules, rating plans, rating systems, or rules to which the deviation applies shall not terminate the deviation without the consent of the insurer to which the deviation applies. Any such deviation may be terminated by the commissioner pursuant to the provisions of section 5 of this chapter and after notice and hearings as provided in section 5 of this chapter.

(d) A deviation filing and supporting information shall be open to public inspection as soon as stamped "filed" within a reasonable time after receipt by the commissioner and copies may be had by any person on request and upon the payment of a reasonable charge therefor.

Formerly: Acts 1967, c.133, s.9. As amended by P.L.252-1985, SEC.112.
Ind. Code § 27-1-25-14 — Indiana Code / Title 27 / Article 1 / Chapter 25 / Section 27-1-25-14
Regulations
Status: in_force

Sec. 14. The commissioner may, under IC 4-22-2, adopt regulations necessary to implement this chapter.

As added by Acts 1980, P.L.168, SEC.2.
Ind. Code § 27-1-16.1-14 — Indiana Code / Title 27 / Article 1 / Chapter 16.1 / Section 27-1-16.1-14
Charges for self-storage insurance; handling of funds; compensation
Status: in_force

Sec. 14. The following apply to charges for self-storage insurance:

(1) The charges may be billed and collected by the self-storage facility.

(2) If the insurance cost is not included in the cost associated with the self-storage rental agreement, the insurance cost must be separately itemized on the insured customer's bill.

(3) If the insurance cost is included in the cost associated with the self-storage rental agreement, the self-storage facility shall clearly and conspicuously disclose to the insured customer that the self-storage insurance cost is included with the cost of the self-storage rental agreement.

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

(A) insurer that issues the self-storage insurance policy authorizes the self-storage facility to hold the funds in an alternative manner; and

(B) self-storage facility remits the funds to the supervising entity less than sixty (60) days after the self-storage facility receives the funds.

(5) All funds received by the self-storage facility from an insured customer as payment for the purchase of coverage under a self-storage insurance policy are considered to be funds held in trust by the self-storage facility in a fiduciary capacity for the benefit of the insurer.

(6) A self-storage facility may receive from an insurer or a supervising entity compensation for billing and collection services. Compensation described in this subdivision may be dependent on the sale of self-storage insurance.

As added by P.L.81-2013, SEC.3.
Ind. Code § 27-13-7-14 — Indiana Code / Title 27 / Article 13 / Chapter 7 / Section 27-13-7-14
Post-mastectomy coverage
Status: in_force

Sec. 14. (a) As used in this section, "mastectomy" means the removal of all or part of the breast for reasons that are determined by a licensed physician to be medically necessary.

(b) A contract with a health maintenance organization that provides coverage for a mastectomy must provide coverage as required under 29 U.S.C. 1185b, including coverage for:

(1) prosthetic devices; and

(2) reconstructive surgery incident to a mastectomy including:

(A) all stages of reconstruction of the breast on which the mastectomy has been performed;

(B) surgery and reconstruction of the other breast to produce symmetry; and

(C) chest wall reconstruction, including aesthetic flat closure (as defined by the National Cancer Institute);

in the manner determined by the attending physician and the patient to be appropriate.

(c) In addition to the coverage required by 29 U.S.C. 1185b, a health maintenance organization contract that provides coverage for a mastectomy must provide coverage for:

(1) custom fabricated breast prostheses; and

(2) one (1) additional breast prosthesis per breast affected by the mastectomy.

(d) Coverage required under this section is subject to:

(1) the deductible and coinsurance provisions applicable to a mastectomy; and

(2) all other terms and conditions applicable to other services under the contract.

(e) A health maintenance organization shall provide to an enrollee, at the time that an individual contract or a group contract is entered into and annually thereafter, written notice of the coverage required under this section. Notice that is sent by the health maintenance organization that meets the requirements set forth in 29 U.S.C. 1185b constitutes compliance with this subsection.

(f) The coverage required under this section applies to a contract with a health maintenance organization that provides coverage for a mastectomy, regardless of whether an individual who:

(1) underwent a mastectomy; and

(2) is covered under the contract;

was covered under the contract at the time of the mastectomy.

(g) Except as provided in subsection (b)(2)(C) and subsection (c), this section does not require a health maintenance organization to provide coverage related to post mastectomy care that exceeds the coverage required for post mastectomy care under federal law.

As added by P.L.150-1997, SEC.5. Amended by P.L.2-1998, SEC.71; P.L.96-2002, SEC.3; P.L.204-2003, SEC.2; P.L.67-2020, SEC.3; P.L.3-2024, SEC.6.
Ind. Code § 27-1-45-8 — Indiana Code / Title 27 / Article 1 / Chapter 45 / Section 27-1-45-8
Out of network practitioner providing services at in network facility; conditions for reimbursement of out of network practitioner at higher rate; explanation of charge exceeding estimate; rules
Status: in_force

Sec. 8. (a) An out of network practitioner who provides health care services at an in network facility to a covered individual may not be reimbursed more for the health care services than allowed according to the rate or amount of compensation established by the covered individual's network plan as described in subsection (b) unless all of the following conditions are met:

(1) At least five (5) business days before the health care service is scheduled to be provided to the covered individual, the facility or practitioner provides to the covered individual, on a form separate from any other form provided to the covered individual by the facility or practitioner, a statement in conspicuous type that meets the following requirements:

(A) Includes a notice reading substantially as follows: "[Name of facility or practitioner] is an out of network practitioner providing [type of care], with [name of in network facility], which is an in network provider facility within your health carrier's plan. [Name of facility or practitioner] will not be allowed to bill you the difference between the price charged for the services and the rate your health carrier will reimburse for the services during your care at [name of in network facility] unless you give your written consent to the charge.".

(B) Sets forth the facility's or practitioner's good faith estimate of the established fee for the health care services provided to the covered individual.

(C) Includes a notice reading substantially as follows concerning the good faith estimate set forth under clause (B): "The estimate of our intended charge for [name or description of health care services] set forth in this statement is provided in good faith and is our best estimate of the amount we will charge. If the actual charge for [name or description of health care services] exceeds our estimate by the greater of:

(i) one hundred dollars ($100); or

(ii) five percent (5%);

we will explain to you why the charge exceeds the estimate.".

(2) The covered individual signs the statement provided under subdivision (1), signifying the covered individual's consent to the charge for the health care services being greater than allowed according to the rate or amount of compensation established by the network plan.

(b) If an out of network practitioner does not meet the requirements of subsection (a), the out of network practitioner shall include on any bill remitted to a covered individual a written statement in conspicuous type stating that the covered individual is not responsible for more than the rate or amount of compensation established by the covered individual's network plan plus any required copayment, deductible, or coinsurance.

(c) If a covered individual's network plan remits reimbursement to the covered individual for health care services that did not meet the requirements of subsection (a), the network plan shall provide with the reimbursement a written statement in conspicuous type that states that the covered individual is not responsible for more than the rate or amount of compensation established by the covered individual's network plan and that is included in the reimbursement plus any required copayment, deductible, or coinsurance.

(d) If the charge of a facility or practitioner for health care services provided to a covered individual exceeds the estimate provided to the covered individual under subsection (a)(1)(B) by an amount greater than:

(1) one hundred dollars ($100); or

(2) five percent (5%);

the facility or practitioner shall explain in a writing provided to the covered individual why the charge exceeds the estimate.

(e) The department shall adopt rules under IC 4-22-2 to specify the requirements of the notifications set forth in:

(1) subsections (b) and (c); and

(2) IC 25-1-9-23(j) and IC 25-1-9-23(k).

As added by P.L.93-2020, SEC.11. Amended by P.L.202-2021, SEC.10; P.L.165-2022, SEC.8; P.L.93-2024, SEC.196.
Ind. Code § 27-1-12-2.4 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-2.4
Participation in certain investment pools; requirements for pooling agreements
Status: in_force

Sec. 2.4. (a) The following definitions apply to this section:

(1) "Admitted assets" means a life insurance company's assets permitted to be reported as admitted assets on the statutory financial statement of the insurer most recently required to be filed with the commissioner.

(2) "Affiliate" means, as to any person, another person that, directly or indirectly, through one (1) or more intermediaries:

(A) controls;

(B) is controlled by; or

(C) is under common control with;

the person.

(3) "Business entity" means:

(A) a sole proprietorship;

(B) a corporation;

(C) a limited liability company;

(D) an association;

(E) a partnership;

(F) a joint stock company;

(G) a joint venture;

(H) a mutual fund;

(I) a trust;

(J) a joint tenancy; or

(K) another, similar form of business organization;

whether organized for-profit or not-for-profit.

(4) "Cash" means any of the following:

(A) United States denominated paper currency and coins.

(B) Negotiable money orders and checks.

(C) Funds held in any time or demand deposit in any depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation.

(5) "Control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract (other than a commercial contract for goods or non-management services), or otherwise, unless the power is the result of an official position with or corporate office held by the person. Control shall be presumed to exist if a person, directly or indirectly, owns, controls, holds with the power to vote or holds proxies representing ten percent (10%) or more of the voting securities of another person. This presumption may be rebutted by a showing that control does not exist in fact. The commissioner may determine, after furnishing all interested persons notice and an opportunity to be heard and making specific findings of fact to support the determination, that control exists in fact, notwithstanding the absence of a presumption to that effect.

(6) "Fixed charges" includes interest on funded and unfunded debt, amortization of debt discount, and rentals for leased property.

(7) "Guaranteed or insured," when used in connection with an obligation acquired under this section, means that the guarantor or insurer has agreed to:

(A) perform or insure the obligation of the obligor or purchase the obligation; or

(B) be unconditionally obligated until the obligation is repaid to maintain in the obligor a minimum net worth, fixed charge coverage, stockholders' equity or sufficient liquidity to enable the obligor to pay the obligation in full.

(8) "Investment company" means an investment company as defined in Section 3(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-1, et seq.) and a person described in Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.).

(9) "Investment company series" means an investment portfolio of an investment company that is organized as a series company and to which assets of the investment company have been specifically allocated.

(10) "Market value" means:

(A) as to cash, cash equivalents, and letters of credit, the amounts thereof; and

(B) as to a security as of any date, the price for the security on that date obtained from a generally recognized source or the most recent quotation from such a source or, to the extent no generally recognized source exists, the price for the security as determined in good faith by the parties to a transaction, plus accrued but unpaid income on the security to the extent not included in the price as of that date.

(11) "Multilateral development bank" means an international development organization of which the United States is a member.

(12) "Mutual fund" means:

(A) an investment company; or

(B) in the case of an investment company that is organized as a series company, an investment company series;

that is registered with the United States Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.).

(13) "Obligation" means any of the following:

(A) A bond.

(B) A note.

(C) A debenture.

(D) Any other form of evidence of debt.

(14) "Person" means an individual, a business entity, a multilateral development bank or a government or quasi-governmental body, such as a political subdivision or a government sponsored enterprise.

(15) "Qualified bank" means a national bank, state bank, or trust company that:

(A) at all times is not less than adequately capitalized, as determined by standards adopted by United States banking regulators; and

(B) is regulated by state banking laws or is a member of the Federal Reserve System.

(16) "Series company" means an investment company that is organized as a series company, as defined in 17 CFR 270.18f-2(a).

(b) In addition to the authority to participate in investment pools under section 2(b)(31) of this chapter, a life insurance company may participate in investment pools that:

(1) are qualified under this section; and

(2) invest only in investments that an insurer may acquire under section 2 of this chapter;

if the company's proportionate interest in the amount invested in these investments does not exceed the applicable limits of section 2 of this chapter.

(c) For an investment pool to be qualified under this section, the investment pool shall not:

(1) acquire securities issued, assumed, guaranteed, or insured by the insurer or an affiliate of the insurer; or

(2) borrow or incur any indebtedness for borrowed money, except for securities lending, reverse repurchase, and dollar roll transactions that meet the requirements of section 2(b)(29) of this chapter.

(d) A life insurance company shall not participate in an investment pool qualified under this section if, as a result of the participation and after giving effect to the participation, the aggregate amount of participation then held by the insurer in all investment pools under this section and under section 2(b)(31) of this chapter would exceed thirty-five percent (35%) of the admitted assets of the insurer.

(e) For an investment pool to be qualified under this section:

(1) the manager of the investment pool:

(A) must be organized under the laws of the United States, a state or territory of the United States, or the District of Columbia;

(B) must be designated as the pool manager in a pooling agreement; and

(C) must be:

(i) the insurer;

(ii) an affiliated insurer;

(iii) a business entity affiliated with the insurer;

(iv) a qualified bank; or

(v) a business entity registered under the Investment Advisors Act of 1940 (15 U.S.C. 80b-1 et seq.);

(2) the pool manager or an entity of the type referred to in subdivision (1)(C) that is designated by the pool manager must compile and maintain detailed accounting records setting forth:

(A) the cash receipts and disbursements reflecting each participant's proportionate participation in the investment pool;

(B) a complete description of all underlying assets of the investment pool (including the amount, interest rate, maturity date (if any) and other appropriate designations); and

(C) other records that, on a daily basis, allow third parties to verify each participant's interest in the investment pool; and

(3) the assets of the investment pool must be held in one (1) or more accounts, in the name of or on behalf of the investment pool, in a qualified bank under a custody agreement or trust agreement that:

(A) states and recognizes the claims and rights of each participant;

(B) acknowledges that the underlying assets of the investment pool are held solely for the benefit of each participant in proportion to the aggregate amount of the participant's participation in the investment pool; and

(C) contains an agreement that the underlying assets of the investment pool shall not be commingled with the general assets of the qualified bank or the assets of any other person.

(f) The pooling agreement for an investment pool that is qualified under this section must be in writing and must provide the following:

(1) Insurers, subsidiaries, or affiliates of insurers holding interests in the pool, or any pension or profit sharing plan of the insurers or their subsidiaries or affiliates, must at all times hold one hundred percent (100%) of the interests in the investment pool.

(2) The underlying assets of the investment pool must not be commingled with the general assets of the pool manager or any other person.

(3) In proportion to the aggregate amount of each pool participant's interest in the investment pool:

(A) each participant owns an undivided interest in the underlying assets of the investment pool; and

(B) the underlying assets of the investment pool are held solely for the benefit of each participant.

(4) A participant or (in the event of the participant's insolvency, bankruptcy, or receivership) its trustee, receiver, or other successor-in-interest may withdraw all or any portion of its participation from the investment pool under the terms of the pooling agreement.

(5) Withdrawals may be made on demand without penalty or other assessment on any business day, but settlement of funds shall occur within a reasonable and customary period thereafter. Payments upon withdrawals under this paragraph shall be calculated in each case net of all then applicable fees and expenses of the investment pool. The pooling agreement shall provide for such payments to be made to the participants in one (1) of the following forms, at the discretion of the pool manager:

(A) in cash, the then fair market value of the participant's pro rata share of each underlying asset of the investment pool;

(B) in kind, a pro rata share of each underlying asset; or

(C) in a combination of cash and in kind distributions, a pro rata share in each underlying asset.

(6) The records of the investment pool shall be made available for inspection by the commissioner.

As added by P.L.186-1997, SEC.3. Amended by P.L.124-2018, SEC.14.
Ind. Code § 27-1-44.6-11 — Indiana Code / Title 27 / Article 1 / Chapter 44.6 / Section 27-1-44.6-11
Staff support
Status: in_force

Sec. 11. The department of insurance shall provide staff support to the advisory board.

As added by P.L.42-2024, SEC.151.
Ind. Code § 27-1-6-1 — Indiana Code / Title 27 / Article 1 / Chapter 6 / Section 27-1-6-1
Authority to incorporate; excluded kinds of insurance
Status: in_force

Sec. 1. Any number of natural persons, not less than seven (7), all of whom are eighteen (18) years of age or older, at least a majority of whom are residents of the state of Indiana and citizens of the United States, may form a corporation under the provisions of this chapter for the purpose of making any kind or kinds of insurance described in any one class set out in IC 27-1-5-1, other than reciprocal, farm mutual, fraternal, and assessment insurance, by complying with the provisions of this chapter.

Formerly: Acts 1935, c.162, s.61; Acts 1973, P.L.270, SEC.1. As amended by P.L.252-1985, SEC.15.
Ind. Code § 27-1-23-10.5 — Indiana Code / Title 27 / Article 1 / Chapter 23 / Section 27-1-23-10.5
Receiver's right to recover upon liquidation or rehabilitation
Status: in_force

Sec. 10.5. (a) If an order for liquidation or rehabilitation of a domestic insurer has been entered, the receiver appointed under the order has a right to recover on behalf of the insurer:

(1) from any parent corporation or holding company or person or affiliate that otherwise controlled the insurer, the amount of distributions other than distributions of shares of the same class of stock paid by the insurer on the insurer's capital stock; or

(2) any payment in the form of a bonus, a termination settlement, or an extraordinary lump sum salary adjustment made by the insurer or the insurer's subsidiaries to a director, an officer, or an employee;

if the distribution or payment described in subdivision (1) or (2) is made at any time during the one (1) year preceding the petition for liquidation, conservation, or rehabilitation, as the case may be, subject to the limitations of subsections (b), (c), and (d).

(b) A distribution is not recoverable if the parent or affiliate shows that, when paid, the distribution was lawful and reasonable and that the insurer did not know and could not reasonably have known that the distribution might adversely affect the ability of the insurer to fulfill the insurer's contractual obligations.

(c) Any person that was a parent corporation or holding company or a person that otherwise controlled the insurer or affiliate at the time distributions described in subsection (a) were paid shall be liable up to the amount of distributions or payments under subsection (a) that the person received. Any person that otherwise controlled the insurer at the time the distributions were declared shall be liable up to the amount of distributions the person would have received if the distributions had been paid immediately. If at least two (2) persons are liable with respect to the same distributions, they are jointly and severally liable.

(d) The maximum amount recoverable under this section shall be the amount needed in excess of all other available assets of the impaired or insolvent insurer to pay the contractual obligations of the impaired or insolvent insurer and to reimburse any guaranty funds.

(e) To the extent that any person liable under subsection (c) is insolvent or otherwise fails to pay claims due from the person, the person's parent corporation or holding company or the person that otherwise controlled the person at the time the distribution was paid is jointly and severally liable for any resulting deficiency in the amount recovered from the parent corporation or holding company or person that otherwise controlled the person.

As added by P.L.130-1994, SEC.32 and P.L.116-1994, SEC.42.
Ind. Code § 27-13-36.2-4.7 — Indiana Code / Title 27 / Article 13 / Chapter 36.2 / Section 27-13-36.2-4.7
Prohibition on retroactive rate reduction; notice requirement
Status: in_force

Sec. 4.7. (a) A health maintenance organization may not retroactively reduce the reimbursement rate for any CPT code (as defined in IC 27-1-37.5-3).

(b) A health maintenance organization shall provide at least sixty (60) days notice by:

(1) mail or electronic mail to a provider; and

(2) posting on the health maintenance organization's website;

before prospectively reducing the reimbursement rate for any CPT code (as defined in IC 27-1-37.5-3).

As added by P.L.88-2026, SEC.14.
Ind. Code § 27-1-29-16 — Indiana Code / Title 27 / Article 1 / Chapter 29 / Section 27-1-29-16
Appointment of members; rules
Status: in_force

Sec. 16. (a) The governor shall appoint the initial members of the commission by May 1, 1986.

(b) The commission shall adopt rules under IC 4-22-2 for the implementation of this chapter by October 1, 1986, and shall adopt other rules as required after that date.

As added by P.L.162-1986, SEC.1.
Ind. Code § 27-5.1-4-8 — Indiana Code / Title 27 / Article 5.1 / Chapter 4 / Section 27-5.1-4-8
Annual statement
Status: in_force

Sec. 8. (a) An extended company shall, not later than March 1, prepare and file with the commissioner an annual statement:

(1) that is on a form prescribed by the commissioner;

(2) that is verified by an affidavit of the:

(A) president; and

(B) secretary;

of the board of directors of the extended company; and

(3) that reflects the condition of the extended company as of the end of the calendar year immediately preceding the date of the annual statement.

(b) An annual statement prepared and filed under subsection (a) must be presented at the annual meeting of the extended company.

(c) An annual statement filed under subsection (a) must be accompanied by the filing fee set forth in IC 27-1-3-15.

As added by P.L.129-2003, SEC.8.
Ind. Code § 27-8-25-3 — Indiana Code / Title 27 / Article 8 / Chapter 25 / Section 27-8-25-3
"Contracted provider"
Status: in_force

Sec. 3. As used in this chapter, "contracted provider" means a health care provider that has entered into an agreement under IC 27-8-11-3 with an insurer that issues a policy of accident and sickness insurance.

As added by P.L.109-2009, SEC.3.
Ind. Code § 27-6-9-19 — Indiana Code / Title 27 / Article 6 / Chapter 9 / Section 27-6-9-19
Record of transactions; contents; insurer access
Status: in_force

Sec. 19. (a) For at least ten (10) years after the expiration of each contract of reinsurance transacted by the RB, the RB will keep a complete record for each transaction showing the following:

(1) The type of contract, limits, underwriting restrictions, classes or risks and territory.

(2) Period of coverage, including effective and expiration dates, cancellation provisions, and notice required of cancellation.

(3) Reporting and settlement requirements of balances.

(4) Rate used to compute the reinsurance premium.

(5) Names and addresses of assuming reinsurers.

(6) Rates of all reinsurance commissions, including the commissions on any retrocessions handled by the RB.

(7) Related correspondence and memoranda.

(8) Proof of placement.

(9) Details regarding retrocessions handled by the RB, including the identity of retrocessionaires and percentage of each contract assumed or ceded.

(10) Financial records, including but not limited to, premium and loss accounts.

(11) When the RB procures a reinsurance contract on behalf of a licensed ceding insurer:

(A) directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or

(B) if placed through a representative of the assuming reinsurer, other than an employee, written evidence that the reinsurer has delegated binding authority to the representative.

(b) The insurer shall have access to and the right to copy and audit all accounts and records maintained by the RB related to its business in a form usable by the insurer.

As added by P.L.26-1991, SEC.26.
Ind. Code § 27-1-36-26 — Indiana Code / Title 27 / Article 1 / Chapter 36 / Section 27-1-36-26
Life insurer's and fraternal benefit society's RBC; formula
Status: in_force

Sec. 26. (a) This section applies to the following:

(1) A life insurer.

(2) A fraternal benefit society.

(b) An insurer's RBC must be determined in accordance with the formula set forth in the RBC instructions. The formula must take into account (and may adjust for the covariance between):

(1) the risk with respect to the insurer's assets;

(2) the risk of adverse insurance experience with respect to the insurer's liabilities and obligations;

(3) the interest rate risk with respect to the insurer's business; and

(4) all other business risks and such other relevant risks as are set forth in the RBC instructions;

determined by applying the factors in the manner set forth in the RBC instructions.

As added by P.L.186-1996, SEC.1. Amended by P.L.276-2013, SEC.24.
Ind. Code § 27-1-24.5-19.5 — Indiana Code / Title 27 / Article 1 / Chapter 24.5 / Section 27-1-24.5-19.5
Federal drug pricing program
Status: in_force

Sec. 19.5. (a) This section does not apply to:

(1) a Medicaid managed care organization (as defined in 42 U.S.C. 1396b(m)); and

(2) the state Medicaid program when Medicaid provides reimbursement for covered outpatient drugs (as defined in 42 U.S.C. 1396r-8(k)) on a fee for service basis.

(b) As used in this section, "340B covered entity" means an entity authorized to participate in the federal 340B Drug Pricing Program under Section 340B(a)(4) of the federal Public Health Service Act (42 U.S.C. 256b(a)(4)) and includes any pharmacy under contract with the entity to dispense drugs on behalf of the entity.

(c) The following provisions may not be contained in a contract between a pharmacy benefit manager and a 340B covered entity:

(1) A reimbursement rate for a prescription drug that would diminish the 340B benefit to a 340B covered entity.

(2) A fee or adjustment that is not imposed on a pharmacy that is not a 340B covered entity.

(3) A fee or adjustment amount that exceeds the fee or adjustment amount imposed on a pharmacy that is not a 340B covered entity.

(4) Any provision that prevents or interferes with an individual's choice to receive a prescription drug from a 340B covered entity, including the administration of the drug.

(5) Any provision that excludes a 340B covered entity from pharmacy benefit manager networks based on the 340B covered entity's participation in the federal 340B Drug Pricing Program.

(6) Any provision that discriminates against a 340B covered entity.

A violation of this subsection by a pharmacy benefit manager constitutes an unfair or deceptive act or practice in the business of insurance under IC 27-4-1-4.

(d) For contracts between a pharmacy benefit manager and a 340B covered entity that are entered into, amended, or renewed after June 30, 2021, a provision that violates subsection (c) is considered void and unenforceable.

As added by P.L.196-2021, SEC.23. Amended by P.L.213-2025, SEC.298.
Ind. Code § 27-1-22-28 — Indiana Code / Title 27 / Article 1 / Chapter 22 / Section 27-1-22-28
Title insurance filings; title insurance rate comparison tool
Status: in_force

Sec. 28. (a) This section applies to a title policy issued after June 30, 2014. To the extent of any conflicts with any other provision of this chapter, this section is controlling.

(b) The definitions in IC 27-7-3 apply throughout this section.

(c) For purposes of this section, "form", when used in reference to a title policy:

(1) includes:

(A) a commitment for title insurance and a title policy or guaranty; and

(B) the terms and conditions of the title insurance or title policy or guaranty; and

(2) excludes:

(A) a reinsurance contract or agreement;

(B) an exception:

(i) that is included in a commitment or title policy; and

(ii) for specific defects in a title that may be ascertained from an examination of a specific risk;

(C) an affirmative assurance of a company, through endorsement or otherwise, with respect to a defect described in clause (B); and

(D) any other exception from coverage due to:

(i) a limitation on the examination of the risk imposed by a particular applicant for title insurance; or

(ii) failure of a particular applicant for title insurance to provide the data necessary for determination of insurability.

(d) A company doing business in Indiana shall, at least thirty (30) days before the proposed effective date of the filing, file with the commissioner all of the following that the company proposes to use, including the proposed effective date and an indication of the character and extent of the coverage contemplated:

(1) The form of a title policy, endorsement, manual, rating schedule or rating plan, and other rating rule.

(2) A modification of any filing described in subdivision (1).

If the commissioner does not, within a thirty (30) day waiting period beginning on the date of filing, disapprove a filing made under this subsection, the filing is considered approved.

(e) If a company is a member of or a subscriber to a rating organization that is licensed under section 8 of this chapter, the filing requirement of subsection (d) may be satisfied by a filing made:

(1) by the rating organization; and

(2) on behalf of all of the rating organization's members and subscribers;

in accordance with subsection (f).

(f) A rating organization that makes a filing described in subsection (e) shall, at least thirty (30) days before the proposed effective date of the filing, file with the commissioner for review and approval or disapproval all of the following that the company proposes to use, including the proposed effective date and an indication of the character and extent of the coverage contemplated:

(1) The form of a title policy, endorsement, manual, rating schedule or rating plan, and other rating rule.

(2) A modification of any filing described in subdivision (1).

(g) The commissioner shall, within a thirty (30) day waiting period beginning on the date of filing, approve or disapprove a filing made under subsection (f). However, the commissioner may do the following:

(1) Upon written notice to the rating organization making the filing within the initial thirty (30) day period, extend the waiting period for not more than an additional thirty (30) days to enable the commissioner to complete the review of the filing.

(2) With the consent of the rating organization making the filing, extend the waiting period for additional thirty (30) day periods.

(3) Upon receiving a written request by the rating organization making the filing, approve the filing or a part of the filing that the commissioner has reviewed to become effective before the expiration of a waiting period described in subdivision (1) or (2).

(h) If the commissioner, during a waiting period described in subsection (g), determines that a filing made by a rating organization under this section:

(1) meets the requirements of this chapter, the commissioner shall approve the filing and send to the rating organization written notice of the approval; or

(2) does not meet the requirements of this chapter, the commissioner shall disapprove the filing and send to the rating organization written notice of the disapproval, including the following:

(A) The notice must specify the manner in which the filing does not meet the requirements of this chapter.

(B) The notice must specify that the filing will not become effective.

(i) If the commissioner, at any time after approval under subsection (d), (g), or (h), determines that the filing does not comply with this chapter, the commissioner shall, after a hearing held on ten (10) days written notice:

(1) sent to the person making the filing; and

(2) specifying the matters to be considered at the hearing;

issue an order specifying the manner in which the filing does not comply with this chapter and the date on which the filing will no longer be effective.

(j) The commissioner shall send a copy of an order issued under subsection (i) to the person making the filing. The order does not affect a title policy made or issued before the date specified in the order on which the filing is no longer effective.

(k) The commissioner may not disapprove a filing described in subsection (d) or (f) if the rates produced by the filing comply with this chapter.

(l) A rating organization that receives notice of a hearing or a copy of an order under subsection (i) shall promptly notify all of the rating organization's members or subscribers that would be affected by the hearing or order. For purposes of subsection (i), notice to a rating organization is considered to be notice to the rating organization's members or subscribers.

(m) If:

(1) a filing is not accompanied by the information on which the filing is based; and

(2) the commissioner does not have sufficient information to determine whether the filing complies with this chapter;

the commissioner shall require the person making the filing to furnish to the commissioner the information on which the filing is based, and the waiting period described in subsection (d) or (g) begins on the date on which all required information is received by the commissioner.

(n) Information furnished under subsection (m) may include the following:

(1) The experience or judgment of the company or the rating organization making the filing.

(2) The company's or rating organization's interpretation of any statistical data relied on by the company or rating organization.

(3) The experience of other title insurance companies or rating organizations.

(4) Any other factor that the commissioner considers relevant.

(o) The department shall create a title insurance consumer comparison tool, subject to the following:

(1) The filed rates of every insurer that issues title insurance policies in Indiana will be included on the consumer comparison tool.

(2) The information on the consumer comparison tool shall be designed to allow an average consumer of ordinary intelligence to compare and differentiate between all substantially similar title insurance rates offered by all title insurers approved in Indiana. At a minimum, the consumer comparison tool must include the following:

(A) Organizational data, including the company name, address, and telephone number, and the name of the head of local operations.

(B) Whether the applicant, or a related entity, has previously offered title insurance in Indiana and, if so, the year or years in which the title insurance was offered, along with the rate or rates charged by the applicant prior to the most recent filing.

(C) A listing of the rates the title insurer will charge for:

(i) a commitment; and

(ii) a closing protection letter;

and a sample of rates the title insurer will charge for title insurance policies of varying amounts of insured value.

(D) Any other substantive information that the commissioner considers relevant and appropriate.

(3) The consumer comparison tool must be made available to the public free of charge on the department's Internet web site not later than September 1, 2014. After September 1, 2014, the department shall make any:

(A) new approved filings; or

(B) changes to existing filings;

available on the consumer comparison tool not later than ten (10) business days after the application is stamped "filed" by the department.

As added by P.L.80-2013, SEC.2. Amended by P.L.133-2014, SEC.1.
Ind. Code § 27-8-35-4 — Indiana Code / Title 27 / Article 8 / Chapter 35 / Section 27-8-35-4
"Policy of accident and sickness insurance"
Status: in_force

Sec. 4. As used in this chapter, "policy of accident and sickness insurance" refers to a policy of accident and sickness insurance (as defined in IC 27-8-5-1) that provides coverage for anatomical gifts, transplantation, or related health care services.

As added by P.L.2-2019, SEC.9.
Ind. Code § 27-1-1.5-17 — Indiana Code / Title 27 / Article 1 / Chapter 1.5 / Section 27-1-1.5-17
"Financial Regulation Standards and Accreditation Program"
Status: in_force

Sec. 17. "Financial Regulation Standards and Accreditation Program" refers to the accreditation program through which the NAIC certifies that state insurance departments have demonstrated compliance with legal, financial, organizational, licensing, and control standards established by the NAIC and described in the document entitled "Financial Regulation Standards and Accreditation Program" that is:

(1) adopted by the NAIC; and

(2) in effect on January 1, 2018.

As added by P.L.124-2018, SEC.1.
Ind. Code § 27-8-5.7-3 — Indiana Code / Title 27 / Article 8 / Chapter 5.7 / Section 27-8-5.7-3
"Insurer" defined
Status: in_force

Sec. 3. As used in this chapter, "insurer" means an insurance company issued a certificate of authority in Indiana to issue accident and sickness insurance policies. The term includes:

(1) a preferred provider plan (as defined in IC 27-8-11-1); and

(2) an insurance administrator that:

(A) collects charges or premiums; and

(B) adjusts or settles claims;

in connection with coverage under an accident and sickness insurance policy.

As added by P.L.162-2001, SEC.5.
Ind. Code § 27-1-15.6-1 — Indiana Code / Title 27 / Article 1 / Chapter 15.6 / Section 27-1-15.6-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter governs the qualifications and procedures for the licensing of insurance producers. This chapter does not apply to surplus lines producers licensed under IC 27-1-15.8 except as specifically provided in this chapter or in IC 27-1-15.8.

As added by P.L.132-2001, SEC.3.