Ind. Code § 27-8-29-17 — Indiana Code / Title 27 / Article 8 / Chapter 29 / Section 27-8-29-17
Reconsideration of resolution by insurer
Status: in_force

Sec. 17. (a) If, at any time during an external review performed under this chapter, the covered individual submits information to the insurer that is relevant to the insurer's resolution of the covered individual's appeal of a grievance decision under IC 27-8-28-17 and that was not considered by the insurer under IC 27-8-28:

(1) the insurer may reconsider the resolution under IC 27-8-28-17; and

(2) if the insurer chooses to reconsider, the independent review organization shall cease the external review process until the reconsideration under subsection (b) is completed.

(b) An insurer reconsidering the resolution of an appeal of a grievance decision due to the submission of information under subsection (a) shall reconsider the resolution under IC 27-8-28-17 based on the information and notify the covered individual of the insurer's decision:

(1) within seventy-two (72) hours after the information is submitted, for a reconsideration related to an illness, a disease, a condition, an injury, or a disability that would seriously jeopardize the covered individual's:

(A) life or health; or

(B) ability to reach and maintain maximum function; or

(2) within fifteen (15) days after the information is submitted, for a reconsideration not described in subdivision (1).

(c) If the decision reached under subsection (b) is adverse to the covered individual, the covered individual may request that the independent review organization resume the external review under this chapter.

(d) If an insurer to which information is submitted under subsection (a) chooses not to reconsider the insurer's resolution under IC 27-8-28-17, the insurer shall forward the submitted information to the independent review organization not more than two (2) business days after the insurer's receipt of the information.

As added by P.L.66-2001, SEC.3 and P.L.203-2001, SEC.14. Amended by P.L.1-2002, SEC.120.
Ind. Code § 27-8-3-22 — Indiana Code / Title 27 / Article 8 / Chapter 3 / Section 27-8-3-22
Eligible beneficiaries; change of beneficiary
Status: reserved

Sec. 22. Any member of such corporation, association or society may name as his payee or beneficiary any person or persons, natural or artificial, permitted by the by-laws of such corporations, associations or society, or, if the by-laws thereof permit, the insurance of such member may be made payable to his estate. Any member of such corporation, association or society, naming as his payee or beneficiary any such person or persons, may make such designation either revocable or irrevocable, and the option which he elects to exercise shall be set out in and be made a part of his application for a certificate or policy of insurance. When the right of revocation has been reserved, or in case of the death of any payee or beneficiary under either a revocable or an irrevocable designation, the insured, subject to any existing assignment of the policy, may designate a new payee or beneficiary, with or without reserving the right of revocation, by filing written notice thereof at the home office of the corporation, association or society, accompanied by the policy for suitable endorsement thereon. No person who shall have been designated as a payee or beneficiary by the insured shall have or obtain any vested interest in the death benefits which may accrue in the event of the death of the insured until such death benefits shall have become due and payable upon the death of the insured.

Formerly: Acts 1897, c.195, s.22; Acts 1923, c.185, s.1.
Ind. Code § 27-1-37.7-2 — Indiana Code / Title 27 / Article 1 / Chapter 37.7 / Section 27-1-37.7-2
"Health plan"
Status: in_force

Sec. 2. As used in this chapter, "health plan" has the meaning set forth in IC 27-1-37.5-5.

As added by P.L.215-2025, SEC.53.
Ind. Code § 27-8-24.2-1 — Indiana Code / Title 27 / Article 8 / Chapter 24.2 / Section 27-8-24.2-1
"Insured"
Status: in_force

Sec. 1. As used in this chapter, "insured" means an individual who is entitled to coverage under a policy of accident and sickness insurance.

As added by P.L.109-2008, SEC.2.
Ind. Code § 27-8-17-12 — Indiana Code / Title 27 / Article 8 / Chapter 17 / Section 27-8-17-12
Appeals procedure
Status: in_force

Sec. 12. (a) A utilization review agent shall make available to an enrollee, and to a provider of record upon request, at the time an adverse utilization review determination is made:

(1) a written description of the appeals procedure by which an enrollee or a provider of record may appeal the utilization review determination by the utilization review agent; and

(2) in the case of an enrollee covered under an accident and sickness policy or a health maintenance organization contract described in subsection (d), notice that the enrollee has the right to appeal the utilization review determination under IC 27-8-28 or IC 27-13-10 and the toll free telephone number that the enrollee may call to request a review of the determination or obtain further information about the right to appeal.

(b) The appeals procedure provided by a utilization review agent must meet the following requirements:

(1) On appeal, the determination not to certify an admission, a service, or a procedure as necessary or appropriate must be made by a health care provider licensed in the same discipline as the provider of record.

(2) The determination of the appeal of a utilization review determination not to certify an admission, service, or procedure must be completed within thirty (30) days after:

(A) the appeal is filed; and

(B) all information necessary to complete the appeal is received.

(c) A utilization review agent shall provide an expedited appeals process for emergency or life threatening situations. The determination of an expedited appeal under the process required by this subsection shall be made by a physician and completed within forty-eight (48) hours after:

(1) the appeal is initiated; and

(2) all information necessary to complete the appeal is received by the utilization review agent.

(d) If an enrollee is covered under an accident and sickness insurance policy (as defined in IC 27-8-28-1) or a contract issued by a health maintenance organization (as defined in IC 27-13-1-19), the enrollee's exclusive right to appeal a utilization review determination is provided under IC 27-8-28 or IC 27-13-10, respectively.

(e) A utilization review agent shall make available upon request a written description of the appeals procedure that an enrollee or provider of record may use to obtain a review of a utilization review determination by the utilization review agent.

As added by P.L.128-1992, SEC.1. Amended by P.L.66-2001, SEC.1; P.L.203-2001, SEC.12; P.L.1-2002, SEC.112.
Ind. Code § 27-13-9-1 — Indiana Code / Title 27 / Article 13 / Chapter 9 / Section 27-13-9-1
List of providers
Status: in_force

Sec. 1. (a) Upon:

(1) the enrollment; and

(2) each reenrollment;

of a subscriber, a health maintenance organization must provide to the subscriber in electronic or paper form a list of providers who provide health care services through the health maintenance organization. The health maintenance organization must also provide the list of providers in electronic or paper form to a potential enrollee upon request.

(b) A health maintenance organization shall:

(1) inform a subscriber or potential enrollee that the subscriber or potential enrollee may request a list described in subsection (a) in paper form; and

(2) provide the list in paper form upon the request of the subscriber or potential enrollee.

As added by P.L.26-1994, SEC.25. Amended by P.L.69-1998, SEC.7; P.L.125-2005, SEC.7.
Ind. Code § 27-10-2-4.5 — Indiana Code / Title 27 / Article 10 / Chapter 2 / Section 27-10-2-4.5
Regulation of charitable bail organizations
Status: in_force

Sec. 4.5. (a) The following definitions apply throughout this section:

(1) "Charitable bail organization" means a business entity, or a nonprofit organization under:

(A) the Internal Revenue Code; or

(B) Indiana law;

that exists for the purpose of paying cash bail for another person. However, the term does not include a person who pays cash bail for three (3) or fewer defendants in any one hundred eighty (180) day period, or a person who pays bail for a relative (as defined in IC 35-42-2-1(a)).

(2) "Crime of violence" has the meaning set forth in IC 35-31.5-2-79.

(b) The commissioner may certify a charitable bail organization if the charitable bail organization:

(1) is a business entity, or a nonprofit organization under:

(A) the Internal Revenue Code; or

(B) Indiana law;

(2) is currently registered to do business in Indiana;

(3) is located in Indiana; and

(4) exists for the purpose of depositing cash bail for an indigent defendant who:

(A) is not charged with a crime of violence; or

(B) if charged with a felony, does not have a prior conviction for a crime of violence.

(c) A person may apply for certification under this section in accordance with rules adopted under this section.

(d) The commissioner shall certify a person as a charitable bail organization if the:

(1) person pays an application fee of three hundred dollars ($300);

(2) person meets the requirements of this section; and

(3) person, including an officer or director of the person, has not engaged in conduct that:

(A) constitutes fraud, dishonesty, or deception;

(B) constitutes malfeasance, misfeasance, or nonfeasance in dealing with money; or

(C) resulted in the suspension or revocation of a previous certification.

(e) A charitable bail certification is valid for two (2) years from the date of issuance and may be renewed upon payment of a renewal fee of three hundred dollars ($300). If a person applies for renewal before the expiration of the existing certification, the existing certification remains valid until the commissioner renews the certification, or until five (5) days after the commissioner denies the application for renewal. A person is entitled to renewal unless the commissioner denies the application for renewal under subsection (f).

(f) The commissioner shall deny, suspend, revoke, or refuse to renew certification for any of the following causes:

(1) Any cause for which issuance of the certification could have been refused had it then existed and been known to the commissioner.

(2) Violation of any laws of this state in the course of dealings under the certification.

(3) Material misstatement, misrepresentation, or fraud in obtaining the certification.

(4) Misappropriation, conversion, or unlawful withholding of money belonging to donors or others and received in the conduct of business under the certification.

(5) Fraudulent or dishonest practices in the conduct of business under the certification.

(6) Willful failure to comply with or willful violation of any proper order or rule of the commissioner.

(7) When, in the judgment of the commissioner, the certificate holder has, in the conduct of affairs under the certification, demonstrated:

(A) incompetency or untrustworthiness;

(B) conduct or practices rendering the certificate holder unfit to carry on charitable bail activities or making the certificate holder's continuance detrimental to the public interest; or

(C) that the certificate holder is no longer in good faith carrying on as a charitable bail organization;

and for these reasons is found by the commissioner to be a source of detriment, injury, or loss to the public.

(8) The listing of the name of the applicant or certificate holder on the most recent tax warrant list supplied to the commissioner by the department of state revenue.

(g) A charitable bail organization must comply with all of the following:

(1) If the charitable bail organization pays, or intends to pay, bail for more than three (3) individuals in any one hundred eighty (180) day period, the charitable bail organization must be certified by the commissioner under this section before soliciting or accepting donations for bail for another person, and before depositing money for bail for another person.

(2) A charitable bail organization may not pay bail for a defendant who:

(A) is charged with a crime of violence; or

(B) is charged with a felony and has a prior conviction for a crime of violence.

(3) A charitable bail organization may not execute a surety bond for a defendant.

(4) A charitable bail organization shall, before paying bail for an individual, execute an agreement described in IC 35-33-8-3.2 allowing the court to retain all or a part of the bail to pay publicly paid costs of representation and fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted.

(5) A charitable bail organization may not charge a premium or receive any consideration for acting as a charitable bail organization.

(h) All fees collected under this section must be deposited in the bail bond enforcement and administration fund created by IC 27-10-5-1.

(i) Any authorized employee of a charitable bail organization may only deposit cash bail to the court.

(j) If an individual fails to appear, the bail shall be forfeited in the manner described in IC 35-33-8-7 and the court shall take the steps described in IC 35-33-8-8.

As added by P.L.147-2022, SEC.2. Amended by P.L.85-2026, SEC.15; P.L.158-2026, SEC.22.
Ind. Code § 27-1-22-16 — Indiana Code / Title 27 / Article 1 / Chapter 22 / Section 27-1-22-16
Approval of rules and statistical plans; exchange of information and experience data
Status: in_force

Sec. 16. a. The commissioner shall approve reasonable rules and statistical plans, reasonably adapted to each of the rating systems on file with him, which may be modified from time to time and which shall be used thereafter by each insurer in the recording and reporting of its loss and countrywide expense experience, in order that the experience of all insurers may be made available at least annually. Such rules and plans may also provide for the recording and reporting of expense experience items which are specially applicable to this state and are not susceptible of determination by a prorating of countrywide expense experience. In approving such rules and plans, the commissioner shall give due consideration to the rating systems on file with him and, in order that such rules and plans may be as uniform as is practicable among the several states, to the rules and to the form of the plans used for such rating systems in other states. No insurer shall be required to record or report its loss experience on a classification basis that is inconsistent with the rating system filed by it. The commissioner may designate rating organizations or other agencies, or both, to assist him in gathering such experience and making compilations thereof, and such compilations shall be made available, subject to reasonable rules approved by the commissioner to insurers and advisory and rating organizations.

b. In order to further uniform administration of the regulatory laws, the commissioner and every insurer, rating organization, advisory organization or statistical agency may exchange information and experience data with insurance supervisory officials, insurers, rating organizations, advisory organizations or statistical agencies in this and other states and may consult with them with respect to rate making and the application of rating systems.

c. The commissioner may make reasonable rules and regulations necessary to effect the purposes of this section.

Formerly: Acts 1967, c.133, s.16.
Ind. Code § 27-8-14.3-6 — Indiana Code / Title 27 / Article 8 / Chapter 14.3 / Section 27-8-14.3-6
"Covered individual"
Status: in_force

Sec. 6. As used in this chapter, "covered individual" means an individual who is entitled to coverage under a health plan.

As added by P.L.37-2024, SEC.2.
Ind. Code § 27-4-1.5-10 — Indiana Code / Title 27 / Article 4 / Chapter 1.5 / Section 27-4-1.5-10
Failure to permit selection of body parts by insured; unfair claim settlement practice
Status: in_force

Sec. 10. An insurer that:

(1) is subject to the requirement set forth in section 8(c) of this chapter with respect to the repair of a motor vehicle;

(2) does not satisfy this requirement; and

(3) directs a body shop to repair the motor vehicle;

commits an unfair claims settlement practice under IC 27-4-1-4.5.

As added by P.L.194-1991, SEC.2.
Ind. Code § 27-1-1.5-27 — Indiana Code / Title 27 / Article 1 / Chapter 1.5 / Section 27-1-1.5-27
"Risk Based Capital Instructions"; "RBC Instructions"
Status: in_force

Sec. 27. "Risk Based Capital Instructions" or "RBC Instructions" refers to the document entitled "Risk Based Capital Forecasting and Instructions" 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 § 27-1-16.1-5 — Indiana Code / Title 27 / Article 1 / Chapter 16.1 / Section 27-1-16.1-5
"Self-storage insurance"
Status: in_force

Sec. 5. (a) As used in this chapter, "self-storage insurance" means:

(1) insurance that provides insurance coverage for the loss of, or damage to, tangible personal property that is contained in storage space or in transit during a self-storage rental agreement period; or

(2) other coverage that the commissioner approves in connection with the rental of storage space.

(b) The term does not include any of the following:

(1) A homeowner's insurance policy.

(2) A renter's insurance policy.

(3) A private passenger motor vehicle insurance policy.

(4) An insurance policy that provides coverage similar to the insurance provided by a policy described in subdivisions (1) through (3).

As added by P.L.81-2013, SEC.3.
Ind. Code § 27-6-9-25 — Indiana Code / Title 27 / Article 6 / Chapter 9 / Section 27-6-9-25
Violations; penalties; review; effect on third parties
Status: in_force

Sec. 25. (a) A reinsurance intermediary, insurer, or reinsurer found by the commissioner, after a hearing conducted in accordance with IC 4-21.5, to be in violation of any provision of this chapter, shall:

(1) for each separate violation, pay an administrative penalty in an amount not exceeding five thousand dollars ($5,000);

(2) be subject to revocation or suspension of its license; and

(3) if a violation was committed by the reinsurance intermediary, the reinsurance intermediary shall make restitution to the insurer, reinsurer, rehabilitator, or liquidator of the insurer or reinsurer for the net losses incurred by the insurer or reinsurer attributable to the reinsurance intermediary's violation.

(b) The decision, determination, or order of the commissioner pursuant to subsection (a) is subject to judicial review pursuant to IC 4-21.5.

(c) Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided by law.

(d) Nothing contained in this chapter is intended to, or shall in any manner, limit or restrict the rights of policyholders, claimants, creditors, or other third parties, or confer any rights upon those persons.

As added by P.L.26-1991, SEC.26.
Ind. Code § 27-1-44.6-1 — Indiana Code / Title 27 / Article 1 / Chapter 44.6 / Section 27-1-44.6-1
"Administrator"
Status: in_force

Sec. 1. As used in this chapter, "administrator" has the meaning in IC 27-1-44.5-0.2.

As added by P.L.195-2021, SEC.12.
Ind. Code § 27-1-36.8-2 — Indiana Code / Title 27 / Article 1 / Chapter 36.8 / Section 27-1-36.8-2
"Health carrier"
Status: in_force

Sec. 2. (a) As used in this chapter, "health carrier" means an entity that enters into a contract to:

(1) provide health care services;

(2) deliver health care services;

(3) arrange for health care services; or

(4) pay for or reimburse any of the cost of health care services.

(b) The term includes 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.

(6) An administrator (as defined in IC 27-1-25-1(a)) that is licensed under IC 27-1-25.

As added by P.L.216-2025, SEC.43.
Ind. Code § 27-1-4.5-5 — Indiana Code / Title 27 / Article 1 / Chapter 4.5 / Section 27-1-4.5-5
Required reporting of ownership information by an insurer, a third party administrator, and a pharmacy benefit manager
Status: in_force

Sec. 5. (a) Beginning July 1, 2025, and each July 1 thereafter, each insurer, third party administrator, and pharmacy benefit manager that does business in Indiana shall file with the department a report that includes the following information:

(1) The name of each person or entity that has:

(A) an ownership interest of at least five percent (5%);

(B) a controlling interest; or

(C) an interest as a private equity partner;

in the insurer, third party administrator, or pharmacy benefit manager.

(2) The business address of each person or entity identified under subdivision (1). The business address must include a:

(A) building number;

(B) street name;

(C) city name;

(D) ZIP code; and

(E) country name.

The business address may not include a post office box number.

(3) The business website, if applicable, of each person or entity identified under subdivision (1).

(4) Any of the following identification numbers, if applicable, for a person or entity identified under subdivision (1):

(A) National provider identifier (NPI).

(B) Taxpayer identification number (TIN).

(C) Employer identification number (EIN).

(D) CMS certification number (CCN).

(E) National Association of Insurance Commissioners (NAIC) identification number.

(F) A personal identification number associated with a license issued by the department of insurance.

(5) The ownership stake of each person or entity identified under subdivision (1).

A report provided under this section may not include the Social Security number of any individual.

(b) The department may not charge a fee for a report submitted under this section.

As added by P.L.239-2025, SEC.11.
Ind. Code § 27-13-7-12 — Indiana Code / Title 27 / Article 13 / Chapter 7 / Section 27-13-7-12
Additional information required by commissioner
Status: in_force

Sec. 12. The commissioner may require the submission of any information the commissioner considers necessary to determine whether to approve or disapprove a filing under this chapter.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-9-3-24 — Indiana Code / Title 27 / Article 9 / Chapter 3 / Section 27-9-3-24
Extension of unsecured credit by preferred creditor
Status: in_force

Sec. 24. If a creditor has been preferred, and afterward in good faith gives the insurer further credit without security of any kind for property that becomes a part of the insurer's estate, the amount of the new credit remaining unpaid at the time of the petition may be set off against the preference that would otherwise be recoverable from him.

As added by Acts 1979, P.L.255, SEC.1.
Ind. Code § 27-1-37.5-5 — Indiana Code / Title 27 / Article 1 / Chapter 37.5 / Section 27-1-37.5-5
"Health plan"
Status: in_force

Sec. 5. (a) As used in this chapter, "health plan" means any of the following that provides coverage for health care services:

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

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

(3) After December 31, 2020, the Medicaid risk based managed care program under IC 12-15.

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

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

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

(3) A self-insurance program established under IC 5-10-8-7(b) to provide health care coverage.

(4) After December 31, 2020, Medicaid risk based managed care.

As added by P.L.77-2018, SEC.2. Amended by P.L.265-2019, SEC.3.
Ind. Code § 27-1-36-53 — Indiana Code / Title 27 / Article 1 / Chapter 36 / Section 27-1-36-53
Immunity from liability
Status: in_force

Sec. 53. There is no liability on the part of, and no cause of action shall arise against:

(1) the commissioner;

(2) the department; or

(3) any employee or agent of the department;

for any action taken in the exercise of their powers and the performance of duties under this chapter.

As added by P.L.186-1996, SEC.1.
Ind. Code § 27-1-25-1 — Indiana Code / Title 27 / Article 1 / Chapter 25 / Section 27-1-25-1
Definitions
Status: in_force

Sec. 1. As used in this chapter:

(a) "Administrator" means a person who directly or indirectly and on behalf of an insurer underwrites, collects charges or premiums from, or adjusts or settles claims on residents of Indiana in connection with life, annuity, or health coverage offered or provided by an insurer. The term "administrator" does not include the following persons:

(1) An employer or a wholly owned direct or indirect subsidiary of an employer acting on behalf of the employees of:

(A) the employer;

(B) the subsidiary; or

(C) an affiliated corporation of the employer.

(2) A union acting for its members.

(3) An insurer.

(4) An insurance producer:

(A) that is licensed under IC 27-1-15.6;

(B) that has:

(i) a life; or

(ii) an accident and health or sickness;

qualification under IC 27-1-15.6-7; and

(C) whose activities are limited exclusively to the sale of insurance.

(5) A creditor acting for its debtors regarding insurance covering a debt between them.

(6) A trust established under 29 U.S.C. 186 and the trustees, agents, and employees acting pursuant to that trust.

(7) A trust that is exempt from taxation under Section 501(a) of the Internal Revenue Code and:

(A) the trustees and employees acting pursuant to that trust; or

(B) a custodian and the agents and employees of the custodian acting pursuant to a custodian account that meets the requirements of Section 401(f) of the Internal Revenue Code.

(8) A financial institution that is subject to supervision or examination by federal or state banking authorities to the extent that the financial institution collects and remits premiums to an insurance producer or an authorized insurer in connection with a loan payment.

(9) A credit card issuing company that:

(A) advances for; and

(B) collects from, when a credit card holder authorizes the collection;

credit card holders of the credit card issuing company, insurance premiums or charges.

(10) A person that adjusts or settles claims in the normal course of the person's practice or employment as an attorney at law and that does not collect charges or premiums in connection with life, annuity, or health coverage.

(11) A health maintenance organization that has a certificate of authority issued under IC 27-13.

(12) A limited service health maintenance organization that has a certificate of authority issued under IC 27-13.

(13) A mortgage lender to the extent that the mortgage lender collects and remits premiums to an insurance producer or an authorized insurer in connection with a loan payment.

(14) A person that:

(A) is licensed as a managing general agent as required under IC 27-1-33; and

(B) acts exclusively within the scope of activities provided for under the license referred to in clause (A).

(15) A person that:

(A) directly or indirectly underwrites, collects charges or premiums from, or adjusts or settles claims on residents of Indiana in connection with life, annuity, or health coverage provided by an insurer;

(B) is affiliated with the insurer; and

(C) performs the duties specified in clause (A) only according to a contract between the person and the insurer for the direct and assumed life, annuity, or health coverage provided by the insurer.

(b) "Affiliate" means an entity or a person that:

(1) directly or indirectly through an intermediary controls or is controlled by; or

(2) is under common control with;

a specified entity or person.

(c) "Church plan" has the meaning set forth in IC 27-8-10-1.

(d) "Commissioner" refers to the insurance commissioner appointed under IC 27-1-1-2.

(e) "Control" means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person, whether:

(1) through ownership of voting securities;

(2) by contract other than a commercial contract for goods or nonmanagement services; or

(3) otherwise;

unless the power is the result of an official position with the person or a corporate office held by the person. Control is presumed to exist if a person directly or indirectly owns, controls, holds with the power to vote, or holds proxies representing not less than ten percent (10%) of the voting securities of another person.

(f) "Covered individual" means an individual who is covered under a benefit program provided by an insurer.

(g) "Financial institution" means a bank, savings association, credit union, or any other institution regulated under IC 28 or federal law.

(h) "GAAP" refers to consistently applied United States generally accepted accounting principles.

(i) "Governmental plan" has the meaning set forth in IC 27-8-10-1.

(j) "Home state" means the District of Columbia or any state or territory of the United States in which an administrator is incorporated or maintains the administrator's principal place of business. If the place in which the administrator is incorporated or maintains the administrator's principal place of business is not governed by a law that is substantially similar to this chapter, the administrator's home state is another state:

(1) in which the administrator conducts the business of the administrator; and

(2) that the administrator declares is the administrator's home state.

(k) "Insurance producer" has the meaning set forth in IC 27-1-15.6-2.

(l) "Insurer" means:

(1) a person who obtains a certificate of authority under:

(A) IC 27-1-3-20;

(B) IC 27-13-3; or

(C) IC 27-13-34; or

(2) an employer that provides life, health, or annuity coverage in Indiana under a governmental plan or a church plan.

(m) "Negotiate" has the meaning set forth in IC 27-1-15.6-2.

(n) "Nonresident administrator" means a person that applies for or holds a license under section 12.2 of this chapter.

(o) "Person" has the meaning set forth in IC 27-1-15.6-2.

(p) "Sell" has the meaning set forth in IC 27-1-15.6-2.

(q) "Solicit" has the meaning set forth in IC 27-1-15.6-2.

(r) "Underwrite" refers to the:

(1) acceptance of a group application or an individual application for coverage of an individual in accordance with the written rules of the insurer; or

(2) planning and coordination of a benefit program provided by an insurer.

As added by Acts 1980, P.L.168, SEC.2. Amended by Acts 1982, P.L.165, SEC.1; P.L.26-1991, SEC.18; P.L.26-1994, SEC.10; P.L.2-1995, SEC.101; P.L.185-1996, SEC.9; P.L.79-1998, SEC.31; P.L.207-1999, SEC.1 and P.L.255-1999, SEC.1; P.L.132-2001, SEC.7; P.L.160-2003, SEC.4; P.L.178-2003, SEC.27; P.L.97-2004, SEC.96; P.L.11-2011, SEC.18; P.L.124-2018, SEC.46.
Ind. Code § 27-8-26-4 — Indiana Code / Title 27 / Article 8 / Chapter 26 / Section 27-8-26-4
"Insurer" defined
Status: in_force

Sec. 4. As used in this chapter, "insurer" means a company, a firm, a partnership, an entity, an association, an order, a society, or a system:

(1) making any of the kinds of insurance;

(2) entering into any of the kinds of contracts; or

(3) providing any of the coverage;

described in section 1 of this chapter.

As added by P.L.150-1997, SEC.4.
Ind. Code § 27-8-5.5-2 — Indiana Code / Title 27 / Article 8 / Chapter 5.5 / Section 27-8-5.5-2
Promulgation of forms; requisites; contents; acceptance of claims; explanation of benefits paid statements or claims summary statements
Status: in_force

Sec. 2. (a) The commissioner shall prescribe by rule, after consultation with providers of health care or treatment, accident and sickness insurers, hospital, medical, and dental service corporations and other prepayment organizations, such accident and sickness insurance claim forms as the commissioner determines will provide for uniformity and simplicity in insurance reporting. The forms shall include, but need not be limited to, information regarding the medical diagnosis, treatment and prognosis of the patient, together with the details of charges incident to the providing of care, treatment or services, sufficient for the purpose of meeting the proof requirements of an accident or sickness insurance policy or a hospital, medical, or dental service contract.

(b) An accident and sickness insurer may not refuse to accept a claim submitted on duly promulgated uniform claim forms. However, an insurer may accept claims submitted on any other form.

(c) Accident and sickness insurer explanation of benefits paid statements or claims summary statements sent to an insured by the accident and sickness insurer may be sent in electronic or paper form and shall be in a format and written in a manner that promotes understanding by the insured by setting forth:

(1) the total dollar amount submitted to the insurer for payment;

(2) any reduction in the amount paid due to the application of any co-payment or deductible, along with an explanation of the amount of the co-payment or deductible applied under the insured's policy;

(3) any reduction in the amount paid due to the application of any other policy limitation or exclusion as set forth in the insured's policy along with an explanation thereof;

(4) the total dollar amount paid; and

(5) the total dollar amount remaining unpaid.

In addition, the explanation shall clearly set forth a toll free number that the insured may call to obtain additional information about any of the items contained in the explanation of benefits paid or claims summary statement.

(d) The commissioner may issue an order under IC 27-1-3-19(a) directing an accident and sickness insurer to comply with subsection (c).

(e) An accident and sickness insurer does not violate subsection (c) by using a document that the accident and sickness insurer has been required to use by the federal government or the state.

(f) An accident and sickness insurer shall:

(1) inform an insured that the insured may request that the statements described in subsection (c) be sent in paper form; and

(2) send the statements in paper form upon the request of the insured.

As added by Acts 1977, P.L.288, SEC.1. Amended by P.L.252-1989, SEC.1; P.L.125-2005, SEC.4.
Ind. Code § 27-8-19.8-23 — Indiana Code / Title 27 / Article 8 / Chapter 19.8 / Section 27-8-19.8-23
Required disclosures to viator; information to insured
Status: in_force

Sec. 23. (a) A viatical settlement provider or viatical settlement broker shall, not later than the date of application, provide to a viator a brochure approved by the commissioner and describing the viatical settlement process. If a brochure describes only a viatical settlement contract in which the insured does not have a catastrophic or life threatening illness or condition, the brochure may use the term "life settlement" in place of the term "viatical settlement".

(b) A viatical settlement provider or viatical settlement broker shall, in a separate document that is signed by the viator and the viatical settlement provider or viatical settlement broker, disclose the following information to the viator not later than the date of application:

(1) Possible alternatives to viatical settlement contracts, including accelerated benefits or policy loans offered by the issuer of the life insurance policy.

(2) Federal and state tax consequences that may result from entering into a viatical settlement contract, and that the viator should seek assistance from a professional tax advisor.

(3) Possible:

(A) adverse effect on eligibility for; or

(B) interruption of assistance provided by;

medical or public assistance programs as a consequence of entering into a viatical settlement contract, and that the viator should seek advice from the appropriate government agencies.

(4) The viator's right to rescind a viatical settlement contract as provided in section 21 of this chapter.

(5) The amount of any fees paid by a viatical settlement provider to a viatical settlement broker.

(6) A statement that proceeds of the viatical settlement could be subject to claims of creditors.

(7) A statement that:

(A) entering into a viatical settlement contract may cause other rights or benefits under the policy, including conversion rights, waiver of premium benefits, family riders, or coverage of a life other than the insured, to be forfeited by the viator; and

(B) the viator should seek advice from a financial advisor.

(8) The procedure for contacts with the insured.

(9) That the proceeds of the viatical settlement will be transferred to the viator as provided in section 24.2 of this chapter.

(10) A statement containing the following language:

"All medical, financial, or personal information solicited or obtained by a viatical settlement provider or viatical settlement broker about an insured, including the insured's identity or the identity of family members, a spouse, or a significant other may be disclosed as necessary to effect the viatical settlement between the viator and the viatical settlement provider. If you are asked to provide this information, you will be asked to consent to the disclosure. The information may be provided to someone who buys the policy or provides funds for the purchase. You may be asked to renew your permission to share information every two years.".

(11) That the insured may be contacted by the viatical settlement provider or viatical settlement broker to determine the health status of the insured in accordance with section 24.9 of this chapter.

(c) The viatical settlement provider shall disclose the following information to the viator, conspicuously displayed in the viatical settlement contract or in a separate document signed by the viatical settlement provider and the viator, before a viatical settlement contract is signed:

(1) Any affiliation between the viatical settlement provider and the insurer that issued the life insurance policy or certificate that is the subject of the viatical settlement contract.

(2) The name, address, and telephone number of the viatical settlement provider.

(3) If the life insurance policy or certificate that is the subject of the viatical settlement contract was issued as a joint policy or includes family riders or any coverage of an individual other than the insured:

(A) the possible loss of coverage of the other individuals under the policy or certificate; and

(B) that the viator should consult with the viator's insurance producer or the insurer that issued the policy or certificate for advice concerning the proposed viatical settlement contract.

(4) The:

(A) dollar amount of the current death benefit payable to the viatical settlement provider; and

(B) if known, the:

(i) availability of any additional guaranteed insurance benefits;

(ii) dollar amount of any accidental death and dismemberment benefits; and

(iii) viatical settlement provider's interest in the benefits described in items (i) and (ii);

under the policy or certificate.

(5) The:

(A) name, business address, and telephone number of the trustee or escrow agent described in section 24.2 of this chapter; and

(B) right of the viator or insured to inspect or receive copies of the relevant escrow or trust agreements or documents.

(d) A viatical settlement broker shall disclose to the viator, conspicuously displayed in the viatical settlement contract or in a separate document signed by the viatical settlement broker and the viator before a viatical settlement contract is signed, the amount and method of calculation of the viatical settlement broker's compensation.

(e) If a viatical settlement provider transfers ownership or changes the beneficiary of a viaticated policy, the viatical settlement provider shall, not more than twenty (20) days after the transfer or change occurs, inform the insured of the transfer or change.

As added by P.L.130-1994, SEC.47 and P.L.116-1994, SEC.70. Amended by P.L.32-1998, SEC.24; P.L.223-2005, SEC.7.
Ind. Code § 27-7-10-23 — Indiana Code / Title 27 / Article 7 / Chapter 10 / Section 27-7-10-23
Insurance insolvency guaranty fund
Status: in_force

Sec. 23. (a) A risk retention group may not be required or permitted to join or contribute financially to any insurance insolvency guaranty fund, or similar mechanism, in Indiana. Neither a risk retention group, nor its insureds, nor claimants against its insureds may receive any benefit from any such fund for claims arising under the insurance policies issued by the risk retention group.

(b) When a purchasing group obtains insurance covering its members' risks from an insurer that is not authorized in Indiana or from a risk retention group, no risks, wherever resident or located, are covered by an insurance guaranty fund or similar mechanism in Indiana.

(c) When a purchasing group obtains insurance covering its members' risks from an authorized insurer, only risks resident or located in Indiana are covered by the state guaranty fund under IC 27-6-8.

As added by P.L.162-1988, SEC.2.
Ind. Code § 27-13-1-11.5 — Indiana Code / Title 27 / Article 13 / Chapter 1 / Section 27-13-1-11.5
"Dialysis facility"
Status: in_force

Sec. 11.5. "Dialysis facility" means an outpatient facility in Indiana at which a dialysis treatment provider provides dialysis treatment.

As added by P.L.111-2008, SEC.5.
Ind. Code § 27-7-10-19 — Indiana Code / Title 27 / Article 7 / Chapter 10 / Section 27-7-10-19
Prohibited acts
Status: in_force

Sec. 19. The following acts by a risk retention group are prohibited:

(1) The solicitation or sale of insurance by a risk retention group to any person who is not eligible for membership in the group.

(2) The solicitation or sale of insurance by, or operation of, a risk retention group that is in hazardous financial condition or financially impaired.

As added by P.L.162-1988, SEC.2.
Ind. Code § 27-1-45.2-3 — Indiana Code / Title 27 / Article 1 / Chapter 45.2 / Section 27-1-45.2-3
"Facility"
Status: in_force

Sec. 3. As used in this chapter, "facility" means a licensed health care facility in which health care services are provided to individuals.

As added by P.L.119-2026, SEC.1.
Ind. Code § 27-14.5-5-9 — Indiana Code / Title 27 / Article 14.5 / Chapter 5 / Section 27-14.5-5-9
Conversion into stock insurance company
Status: in_force

Sec. 9. A mutual insurance holding company may convert to a stock company under IC 27-15 as though the mutual insurance holding company were a mutual insurance company.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-2-15-5 — Indiana Code / Title 27 / Article 2 / Chapter 15 / Section 27-2-15-5
Evidence of repair contract; set aside of insurance proceeds; amount in escrow
Status: in_force

Sec. 5. (a) This section does not apply to damage or loss to a building or structure described in section 4.5 of this chapter if:

(1) not more than fifteen (15) days after final settlement has occurred concerning the building or structure, the named insured files with the insurer evidence of a contract to repair the building or structure; and

(2) upon receipt of the evidence of a contract to repair, the insurer notifies the municipality that this section does not apply due to the existence of the evidence.

(b) If:

(1) the requirements of subsection (a) are not met; and

(2) the enforcement authority of a municipality that receives notice from an insurer under section 4.5(a) of this chapter certifies to the insurer the amount of demolition or rehabilitation expenses that the municipality anticipates incurring or has incurred under IC 36-7-9 in connection with the building or structure;

the insurer shall remit to the municipality or the enforcement authority the amount determined under subsection (d).

(c) To require the remittance of money under this section, an enforcement authority must:

(1) provide the certification under subsection (b) within fifteen (15) days after the enforcement authority receives notice under section 4.5(a) of this chapter; and

(2) comply with subsection (d).

(d) The amount that must be remitted to the municipality or the enforcement authority under subsection (b) is the lesser of:

(1) ten percent (10%) of the available insurance proceeds, if any;

(2) an amount equal to the amount certified; or

(3) the following:

(A) Seven thousand dollars ($7,000) for a residential building or structure.

(B) Fifteen thousand dollars ($15,000) for a nonresidential building or structure.

For purposes of this subsection, "a residential building or structure" means real property consisting of not more than four (4) residential units, one (1) of which is the principal place of residence of the named insured.

(e) The amount remitted under this section shall be placed by the enforcement authority in an interest bearing escrow account to be administered by the enforcement authority and the municipality. The insured shall be notified by the enforcement authority of the actions taken under this section.

As added by P.L.247-1989, SEC.2. Amended by P.L.123-1992, SEC.2; P.L.238-2013, SEC.8.
Ind. Code § 27-2-19-7 — Indiana Code / Title 27 / Article 2 / Chapter 19 / Section 27-2-19-7
Immunity from liability
Status: in_force

Sec. 7. (a) As used in this section, "representative" includes:

(1) a representative investigative agency; and

(2) an attorney;

of a law enforcement agency, insurer, or governmental agency.

(b) Any:

(1) law enforcement agency, insurer, or governmental agency; or

(2) agent, employee, or representative of a law enforcement agency, insurer, or governmental agency;

that receives or provides information referred to in this chapter in good faith is immune from liability arising from the act of receiving or the act of providing the information.

As added by P.L.187-1996, SEC.1.
Ind. Code § 27-8-25-5 — Indiana Code / Title 27 / Article 8 / Chapter 25 / Section 27-8-25-5
"Noncontracted provider"
Status: in_force

Sec. 5. As used in this chapter, "noncontracted provider" means a health care provider that has not entered into an agreement to serve as a contracted provider.

As added by P.L.109-2009, SEC.3.
Ind. Code § 27-13-10-8 — Indiana Code / Title 27 / Article 13 / Chapter 10 / Section 27-13-10-8
Appeals of grievance decisions; filing of report for violation
Status: in_force

Sec. 8. (a) A health maintenance organization shall establish written policies and procedures for the timely resolution of appeals of grievance decisions. The procedures for registering and responding to oral and written appeals of grievance decisions must include the following:

(1) Acknowledgment of the appeal, orally or in writing, within three (3) business days after receipt of the appeal being filed.

(2) Documentation of the substance of the appeal and the actions taken.

(3) Investigation of the substance of the appeal, including any aspects of clinical care involved.

(4) Notification to enrollees or subscribers of the disposition of the appeal and that the enrollee or subscriber may have the right to further remedies allowed by law.

(5) Standards for timeliness in responding to appeals and providing notice to enrollees or subscribers of the disposition of the appeal and the right to initiate an external appeals process that accommodate the clinical urgency of the situation.

(b) The health maintenance organization shall appoint a panel of qualified individuals to resolve an appeal. An individual may not be appointed to the panel who has been involved in the matter giving rise to the complaint or in the initial investigation of the complaint. Except for grievances that have previously been appealed under IC 27-8-17, in the case of an appeal from the proposal, refusal, or delivery of a health care procedure, treatment, or service, the health maintenance organization shall appoint one (1) or more individuals to the panel to resolve the appeal. The panel must include one (1) or more individuals who:

(1) have knowledge in the medical condition, procedure, or treatment at issue;

(2) are in the same licensed profession as the provider who proposed, refused, or delivered the health care procedure, treatment, or service;

(3) are not involved in the matter giving rise to the appeal or the previous grievance process; and

(4) do not have a direct business relationship with the enrollee or the health care provider who previously recommended the health care procedure, treatment, or service giving rise to the grievance.

(c) An appeal of a grievance decision must be resolved as expeditiously as possible and with regard to the clinical urgency of the appeal. However, an appeal must be resolved not later than forty-five (45) days after the appeal is filed. A health maintenance organization that violates this subsection commits an unfair and deceptive act or practice in the business of insurance under IC 27-4-1-4.

(d) If a health maintenance organization violates subsection (c), the health maintenance organization shall file a report with the department during the quarter in which the violation occurred concerning the insurer's compliance with subsection (c). The report must include the following:

(1) The number of appealed grievance decisions that were not resolved as required under subsection (c).

(2) The reason each appeal described in subdivision (1) was not resolved.

(e) A health maintenance organization shall allow enrollees and subscribers the opportunity to appear in person at the panel or to communicate with the panel through appropriate other means if the enrollee or subscriber is unable to appear in person.

(f) A health maintenance organization shall notify the enrollee or subscriber in writing of the resolution of the appeal of a grievance within five (5) business days after completing the investigation. The grievance resolution notice must contain the following:

(1) The decision reached by the health maintenance organization.

(2) The reasons, policies, or procedures that are the basis of the decision.

(3) Notice of the enrollee's or subscriber's right to further remedies allowed by law, including the right to review by an independent review organization under IC 27-13-10.1.

(4) The department, address, and telephone number through which an enrollee may contact a qualified representative to obtain more information about the decision or the right to an appeal.

As added by P.L.191-1997, SEC.10. Amended by P.L.133-1999, SEC.6; P.L.178-2003, SEC.85.
Ind. Code § 27-13-28-3 — Indiana Code / Title 27 / Article 13 / Chapter 28 / Section 27-13-28-3
Procedural requirements
Status: in_force

Sec. 3. Proceedings under section 2 of this chapter are not governed by any formal procedural requirements and may be conducted in a manner the commissioner considers appropriate under the circumstances. However, a conference under section 2 of this chapter may not result in a rule or an order until the requirements of section 2 of this chapter are satisfied, unless the health maintenance organization consents to the rule or order.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-13-40-2 — Indiana Code / Title 27 / Article 13 / Chapter 40 / Section 27-13-40-2
Requirements for comparison sheets
Status: in_force

Sec. 2. (a) The comparison sheet required under section 1 of this chapter must include information of general interest to:

(1) purchasers of group contracts and individual contracts; and

(2) individuals covered by each group contract or individual contract.

(b) The comparison sheet must be designed to facilitate comparison of different health maintenance organizations.

As added by P.L.69-1998, SEC.18.
Ind. Code § 27-4-10-8 — Indiana Code / Title 27 / Article 4 / Chapter 10 / Section 27-4-10-8
"Provider billing agent"
Status: in_force

Sec. 8. As used in this chapter, "provider billing agent" means a person or entity that contracts with a dental provider to provide billing services for the dental provider, including:

(1) submitting bills to patients;

(2) requesting payment from patients; and

(3) receiving payment from patients;

under the terms and conditions of the contract between the dental provider and the person or entity.

As added by P.L.31-2021, SEC.4.
Ind. Code § 27-1-51-9 — Indiana Code / Title 27 / Article 1 / Chapter 51 / Section 27-1-51-9
Limitation on cost sharing
Status: in_force

Sec. 9. An insurer and an administrator shall apply the annual limitation on cost sharing set forth in the federal Patient Protection and Affordable Care Act under 42 U.S.C. 18022(c)(1) to prescription drugs that:

(1) are covered under a policy or contract of health insurance coverage offered or issued by the insurer;

(2) are life-saving or intended to manage chronic pain; and

(3) do not have an approved generic version.

As added by P.L.237-2025, SEC.10.
Ind. Code § 27-1-3-6 — Indiana Code / Title 27 / Article 1 / Chapter 3 / Section 27-1-3-6
Repealed
Status: repealed

Formerly: Acts 1935, c.162, s.13. As amended by Acts 1979, P.L.17, SEC.54. Repealed by P.L.130-2018, SEC.99.
Ind. Code § 27-8-4-0.1 — Indiana Code / Title 27 / Article 8 / Chapter 4 / Section 27-8-4-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The addition of section 9.5 of this chapter by P.L.226-1993 applies to policies issued after June 30, 1993.

As added by P.L.220-2011, SEC.434.
Ind. Code § 27-1-28-10 — Indiana Code / Title 27 / Article 1 / Chapter 28 / Section 27-1-28-10
Independent adjuster licensure and exemption
Status: in_force

Sec. 10. A person shall not:

(1) act as an independent adjuster in Indiana; or

(2) hold the person's self out as an independent adjuster in Indiana;

unless the person is licensed or exempt from licensure under this chapter.

As added by P.L.11-2011, SEC.22.
Ind. Code § 27-6-8-4 — Indiana Code / Title 27 / Article 6 / Chapter 8 / Section 27-6-8-4
Definitions
Status: in_force

Sec. 4. (a) As used in this chapter, unless otherwise provided:

(1) The term "account" means any one (1) of the three (3) accounts created by section 5 of this chapter.

(2) The term "association" means the Indiana Insurance Guaranty Association created by section 5 of this chapter.

(3) The term "commissioner" means the commissioner of insurance of this state.

(4) The term "covered claim" means an unpaid claim which arises out of and is within the coverage and not in excess of the applicable limits of an insurance policy to which this chapter applies issued by an insurer, if the insurer becomes an insolvent insurer after the effective date (January 1, 1972) of this chapter and (a) the claimant or insured is a resident of this state at the time of the insured event or (b) the property from which the claim arises is permanently located in this state. "Covered claim" shall be limited as provided in section 7 of this chapter, and shall not include the following:

(A) Any amount due any reinsurer, insurer, insurance pool, or underwriting association, as subrogation recoveries or otherwise. However, a claim for any such amount, asserted against a person insured under a policy issued by an insurer which has become an insolvent insurer, which if it were not a claim by or for the benefit of a reinsurer, insurer, insurance pool or underwriting association, would be a "covered claim" may be filed directly with the receiver or liquidator of the insolvent insurer, but in no event may any such claim be asserted in any legal action against the insured of such insolvent insurer.

(B) Any supplementary obligation including but not limited to adjustment fees and expenses, attorney fees and expenses, court costs, interest and bond premiums, whether arising as a policy benefit or otherwise, prior to the appointment of a liquidator.

(C) Any unpaid claim that is filed with the association after the final date set by the court for the filing of claims against the liquidator or receiver of an insolvent insurer. For the purpose of filing a claim under this clause, notice of a claim to the liquidator of the insolvent insurer is considered to be notice to the association or the agent of the association and a list of claims must be periodically submitted to the association (or another state's association that is similar to the association) by the liquidator.

(D) A claim that is excluded under section 11.5 of this chapter due to the high net worth of an insured.

(E) Any claim by a person who directly or indirectly controls, is controlled, or is under common control with an insolvent insurer on December 31 of the year before the order of liquidation.

(F) Any amount awarded as punitive or exemplary damages.

(G) Any amount sought as a return of premium under any retrospective rating plan.

(H) Any claim filed with the association or a liquidator for protection afforded under the insured's policy for incurred but not reported losses.

All covered claims filed in the liquidation proceedings shall be referred immediately to the association by the liquidator for processing as provided in this chapter.

(5) "Cybersecurity insurance" means first and third party coverage in a policy or endorsement written on a direct, admitted basis for losses and loss mitigation arising out of or relating to:

(A) data privacy breaches;

(B) unauthorized information network security intrusions;

(C) computer viruses;

(D) ransomware;

(E) cyber extortion;

(F) identity theft; and

(G) similar exposures.

(6) The term "high net worth insured" means the following:

(A) For purposes of section 11.5(a) of this chapter, an insured that has a net worth (including the aggregate net worth of the insured and all subsidiaries and affiliates of the insured, calculated on a consolidated basis) that exceeds twenty-five million dollars ($25,000,000) on December 31 of the year immediately preceding the year in which the insurer becomes an insolvent insurer.

(B) For purposes of section 11.5(b) of this chapter, an insured that has a net worth (including the aggregate net worth of the insured and all subsidiaries and affiliates of the insured, calculated on a consolidated basis) that exceeds fifty million dollars ($50,000,000) on December 31 of the year immediately preceding the year in which the insurer becomes an insolvent insurer.

(7) The term "insolvent insurer" means (a) a member insurer holding a valid certificate of authority to transact insurance in this state either at the time the policy was issued or when the insured event occurred and (b) against whom a final order of liquidation, with a finding of insolvency, to which there is no further right of appeal, has been entered by a court of competent jurisdiction in the company's state of domicile. "Insolvent insurer" shall not be construed to mean an insurer with respect to which an order, decree, judgment or finding of insolvency whether preliminary or temporary in nature or order to rehabilitation or conservation has been issued by any court of competent jurisdiction prior to January 1, 1972 or which is adjudicated to have been insolvent prior to that date.

(8) The term "insured" means any named insured, any additional insured, any vendor, lessor, or any other party identified as an insured under the policy.

(9) The term "member insurer" means any person who is licensed or holds a certificate of authority under IC 27-1-6-18 or IC 27-1-17-1 to transact in Indiana any kind of insurance for which coverage is provided under section 3 of this chapter, including the exchange of reciprocal or inter-insurance contracts. The term includes any insurer whose license or certificate of authority to transact such insurance in Indiana may have been suspended, revoked, not renewed, or voluntarily surrendered. A "member insurer" does not include farm mutual insurance companies organized and operating pursuant to IC 27-5.1 other than a company to which IC 27-5.1-2-6 applies.

(10) The term "net direct written premiums" means direct gross premiums written in this state on insurance policies to which this chapter applies, less return premiums thereon and dividends paid or credited to policyholders on such direct business. "Net direct premiums written" does not include premiums on contracts between insurers or reinsurers.

(11) The term "person" means an individual, an aggregation of individuals, a corporation, a partnership, or another entity.

(12) The term "receiver" means liquidator, rehabilitator, conservator, or ancillary receiver, as the context requires.

(13) The term "self-insurer" means a person who covers the person's liability through a qualified individual or group self-insurance program or any other formal program created for the specific purpose of covering liabilities typically covered by insurance.

(b) Notwithstanding any other provision in this chapter, an insurance policy that is issued by a member insurer and later allocated, transferred, assumed by, or otherwise made the sole responsibility of another insurer, pursuant to a state statute providing for the division of an insurance company or the statutory assumption or transfer of designated policies and under which there is no remaining obligation to the transferring entity, shall be considered to have been issued by a member insurer which is an insolvent insurer for the purposes of this chapter in the event that the insurer to which the policy has been allocated, transferred, assumed by, or otherwise made the sole responsibility of is placed in liquidation.

(c) An insurance policy that was issued by a nonmember insurer and later allocated, transferred, assumed by, or otherwise made the sole responsibility of a member insurer under a state statute shall not be considered to have been issued by a member insurer for the purposes of this chapter.

Formerly: Acts 1971, P.L.390, SEC.1; Acts 1973, P.L.279, SEC.1. As amended by Acts 1977, P.L.281, SEC.5; P.L.163-1988, SEC.2; P.L.8-1993, SEC.422; P.L.255-1995, SEC.7; P.L.129-2003, SEC.12; P.L.52-2013, SEC.2; P.L.158-2024, SEC.20; P.L.86-2026, SEC.12.
Ind. Code § 27-1-15.6-19.5 — Indiana Code / Title 27 / Article 1 / Chapter 15.6 / Section 27-1-15.6-19.5
Annuities; insurance producer qualifications and training
Status: in_force

Sec. 19.5. (a) As used in this section, "annuity" means an annuity that is:

(1) an insurance product under Indiana law; and

(2) solicited individually, regardless of whether the insurance product is classified as an individual annuity or a group annuity.

(b) A person may not sell, solicit, or negotiate an annuity unless the person meets the following requirements:

(1) The person is licensed as:

(A) an insurance producer with a life qualification under section 7(a)(1) of this chapter; or

(B) in the case of a variable annuity, an insurance producer with a variable annuity qualification under section 7(a)(5) of this chapter.

(2) The person has adequate knowledge of an annuity product to recommend the annuity product.

(3) The person complies with the insurer's training standards for annuity products.

(4) The person has completed a single four (4) hour annuity training course that is conducted through a structured setting or self-study method and approved by the department in accordance with the requirements for approval that apply to continuing education courses under IC 27-1-15.7.

As added by P.L.11-2011, SEC.12. Amended by P.L.115-2011, SEC.8.
Ind. Code § 27-8-24.1-1 — Indiana Code / Title 27 / Article 8 / Chapter 24.1 / Section 27-8-24.1-1
"Accident and sickness insurance policy"
Status: in_force

Sec. 1. (a) As used in this chapter, "accident and sickness insurance policy" means an insurance policy that provides at least one (1) of the types of insurance described in IC 27-1-5-1, Classes 1(b) and 2(a), and is issued on a group basis.

(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.166-2003, SEC.2. Amended by P.L.173-2007, SEC.41; P.L.288-2019, SEC.18.
Ind. Code § 27-11-1-1 — Indiana Code / Title 27 / Article 11 / Chapter 1 / Section 27-11-1-1
Application of article
Status: in_force

Sec. 1. This article applies to any incorporated society, order, or supreme lodge without capital stock, whether incorporated or not, conducted solely for the benefit of its members and their beneficiaries and not-for-profit, operated on a lodge system with ritualistic form of work, having a representative form of government, and that provides benefits in accordance with this article.

As added by P.L.262-1985, SEC.1.
Ind. Code § 27-1-37.7-7 — Indiana Code / Title 27 / Article 1 / Chapter 37.7 / Section 27-1-37.7-7
Report
Status: in_force

Sec. 7. (a) Before December 1, 2026, the department shall provide a report in an electronic format under IC 5-14-6 to the general assembly with any findings and recommendations related to the information received under section 4 of this chapter.

(b) This section expires July 1, 2027.

As added by P.L.215-2025, SEC.53.
Ind. Code § 27-1-34-5 — Indiana Code / Title 27 / Article 1 / Chapter 34 / Section 27-1-34-5
Application of insurance law
Status: in_force

Sec. 5. Except as provided by this chapter and by IC 27-9, Indiana insurance law does not apply to the operation of multiple employer welfare arrangements.

As added by P.L.1-1992, SEC.149.
Ind. Code § 27-7-1-4 — Indiana Code / Title 27 / Article 7 / Chapter 1 / Section 27-7-1-4
Examination; issuance of certificate of authority
Status: in_force

Sec. 4. After such documents specified shall have been filed, the insurance commissioner shall cause an examination of such Lloyds to be made, and after the insurance commissioner has specified that all of the facts alleged in the declaration are true, and that the articles of association or copartnership agreement is of such character that the rights of the policyholders will be protected thereunder, the insurance commissioner shall issue, or cause to be issued, a certificate of authority to such Lloyds to do such business as is specified in the declaration, which certificate shall be issued to such Lloyds under the name designated and approved, authorizing the underwriters thereof to do the business permitted through its attorney or attorneys in fact.

Formerly: Acts 1919, c.177, s.4. As amended by P.L.148-2017, SEC.12.
Ind. Code § 27-7-2-10 — Indiana Code / Title 27 / Article 7 / Chapter 2 / Section 27-7-2-10
Repealed
Status: repealed

Formerly: Acts 1935, c.323, s.10; Acts 1959, c.231, s.4. As amended by P.L.252-1985, SEC.230; P.L.28-1988, SEC.91. Repealed by P.L.249-1989, SEC.19.
Ind. Code § 27-9-3-1 — Indiana Code / Title 27 / Article 9 / Chapter 3 / Section 27-9-3-1
Petition to rehabilitate insurer
Status: in_force

Sec. 1. The commissioner may apply by petition to the Marion County circuit court for an order authorizing him to rehabilitate a domestic insurer or an alien insurer domiciled in Indiana on any one (1) of the following grounds:

(1) The insurer is in a condition that the further transaction of business would be hazardous, financially, to its policyholders, creditors, or the public.

(2) There is reasonable cause to believe that there has been embezzlement from the insurer, wrongful sequestration or diversion of the insurer's assets, forgery or fraud affecting the insurer, or other illegal conduct in, by, or with respect to the insurer that if established would endanger assets in an amount threatening the solvency of the insurer.

(3) The insurer has failed to remove any person who in fact has executive authority in the insurer, whether an officer, manager, general agent, employee, or other person, if the person has been found after notice and hearing by the commissioner under IC 4-21.5-3 to be dishonest or untrustworthy in a way affecting the insurer's business.

(4) Control of the insurer, whether by stock ownership or otherwise, and whether direct or indirect, is in a person found after notice and hearing under IC 4-21.5-3 to be untrustworthy.

(5) Any person who in fact has executive authority in the insurer, whether an officer, manager, general agent, director or trustee, employee, or other person, has refused to be examined under oath by the commissioner concerning its affairs, whether in Indiana or elsewhere, and after reasonable notice of the fact the insurer has failed promptly and effectively to terminate the employment and status of the person and all his influence on management.

(6) After demand by the commissioner under this article or IC 27-1-3, the insurer has failed to promptly make available for examination any of its own property, books, accounts, documents, or other records, or those of any subsidiary or related company within the control of the insurer, or those of any person having executive authority in the insurer so far as they concern the insurer.

(7) Without first obtaining the written consent of the commissioner, the insurer has transferred, or attempted to transfer, in a manner contrary to IC 27-1-23 or IC 27-6, substantially all of its entire property or business, or has entered into any transaction the effect of which is to merge, consolidate, or reinsure substantially its entire property or business in or with the property or business of any other person.

(8) The insurer or its property has been or is the subject of an application for the appointment of a receiver, trustee, custodian, conservator, or sequestrator or similar fiduciary of the insurer or its property otherwise than as authorized under this title, and the appointment has been made or is imminent, and the appointment might:

(A) remove the insurer from the jurisdiction of the Indiana courts; or

(B) prejudice orderly delinquency proceedings under this article.

(9) Within the previous four (4) years the insurer has willfully violated its charter or articles of incorporation, its bylaws, this title, or any valid order of the commissioner under IC 27-9-2-1.

(10) The insurer has failed to pay within sixty (60) days after the due date any obligation to any state or any political subdivision of any state or any judgment entered in any state, if the court in which the judgment was entered had jurisdiction over the subject matter. However, nonpayment shall not be a ground until sixty (60) days after any good faith effort by the insurer to contest the obligation has been terminated, whether it is before the commissioner or in the courts, or the insurer has systematically attempted to compromise or renegotiate previously agreed settlements with its creditors on the ground that it is financially unable to pay its obligations in full.

(11) The insurer has failed to file its annual report or other financial report required by law and, after written demand by the commissioner, has failed to immediately give an adequate explanation.

(12) The board of directors or the holders of a majority of the shares entitled to vote, or a majority of those individuals entitled to the control of those entities, request or consent to rehabilitation under this article.

(13) The insurer is a mutual insurance holding company under IC 27-14 (before its repeal) or IC 27-14.5 and a reorganized insurance company that is affiliated with the mutual insurance holding company and is or has been the subject of a petition for an order authorizing the commissioner to rehabilitate the reorganized insurance company under this section or to liquidate the reorganized insurance company under section 6 of this chapter, regardless of whether another basis exists for petitioning for rehabilitation of the mutual insurance holding company.

As added by Acts 1979, P.L.255, SEC.1. Amended by P.L.7-1987, SEC.156; P.L.5-2000, SEC.3; P.L.226-2023, SEC.26.
Ind. Code § 27-13-24-3 — Indiana Code / Title 27 / Article 13 / Chapter 24 / Section 27-13-24-3
Procedures; written order; revised application; hearing
Status: in_force

Sec. 3. (a) The commissioner may:

(1) suspend or revoke a certificate of authority;

(2) deny an application for a certificate of authority; or

(3) impose an administrative penalty;

under this article only after complying with this section.

(b) The commissioner may:

(1) suspend or revoke a certificate of authority;

(2) deny an application for a certificate of authority; or

(3) impose an administrative penalty;

under this section by written order that shall be sent to the health maintenance organization or applicant by certified or registered mail. In the case of an application for a certificate of authority, the written order must be sent within one hundred twenty (120) days after the submission of a completed application. Failure by the commissioner to issue an order within the one hundred twenty (120) day period constitutes approval of the application for a certificate of authority. The written order must state the grounds, charges, or conduct on which the suspension, revocation, denial, or administrative penalty is based. The health maintenance organization or applicant may in writing request a hearing within thirty (30) days after the date of the mailing of the order. If a written request is not made, the order is final upon expiration of the thirty (30) days.

(c) If an order is issued under subsection (b) denying an application for a certificate of authority, the applicant may initiate the following procedure:

(1) The applicant may submit to the commissioner a revised application or any other information or material addressing the reasons the commissioner denied the application. A revised application and other information submitted to the commissioner under this subdivision must be submitted within thirty (30) days after receiving the order, unless the applicant requests an extension of time from the commissioner, who may not unreasonably deny the request.

(2) Upon receiving an applicant's revised application or other information or materials as described in subdivision (1), the commissioner shall promptly review the materials regardless of whether the applicant has requested a hearing under subsection (b).

(3) An applicant's submission of a revised application or other information or materials is considered to correct and resolve the reasons for denying the original application for a certificate of authority. The application or revised application is considered to be approved unless the commissioner notifies the applicant in writing by certified or registered mail, within fifteen (15) business days after the date the submission under subdivision (1) is made, that the application or revised application is not approved. A written notification under this subdivision must state in detail the reasons for continuing to deny the application or the revised application.

(d) If the health maintenance organization or applicant requests a hearing under this chapter, the commissioner shall issue a written notice of hearing and send the notice to the health maintenance organization or applicant by certified or registered mail. The notice must contain a specific date and time for the hearing, which may not be less than twenty (20) days or more than sixty (60) days after the mailing of the notice of hearing.

As added by P.L.26-1994, SEC.25. Amended by P.L.195-1996, SEC.8.
Ind. Code § 27-2-15-4.5 — Indiana Code / Title 27 / Article 2 / Chapter 15 / Section 27-2-15-4.5
Notice to enforcement authority of existence of policy
Status: in_force

Sec. 4.5. (a) An insurer that:

(1) issued an insurance policy that:

(A) covers a building or other structure that is:

(i) located in a municipality governed by this chapter; and

(ii) damaged by a fire or explosion; and

(B) is in effect at the time that the fire or explosion occurs; and

(2) receives notice of a claim for the damage by the named insured;

shall, not more than fifteen (15) days after a final settlement is reached, notify the enforcement authority of the municipality about the existence of the policy.

(b) The notice to an enforcement authority required by subsection (a) must:

(1) be in writing;

(2) identify the insurer and state the insurer's address; and

(3) identify the building or structure and state the location of the building or structure.

(c) The commissioner may take action under IC 27-1-3-10 and IC 27-1-3-19 against an insurer that violates this section.

As added by P.L.123-1992, SEC.1. Amended by P.L.119-2012, SEC.159; P.L.238-2013, SEC.7.
Ind. Code § 27-1-52-11 — Indiana Code / Title 27 / Article 1 / Chapter 52 / Section 27-1-52-11
Notice requirement
Status: in_force

Sec. 11. If a claim is downcoded, the insurer shall:

(1) notify the provider using the appropriate CARC and RARC to clearly indicate that the claim has been downcoded; and

(2) provide:

(A) the specific reason for the downcoding, including reference to the clinical criteria used to justify the downcoding;

(B) the original and revised service codes and payment amounts; and

(C) a notice of the right to appeal as described in section 12 of this chapter.

As added by P.L.88-2026, SEC.6.
Ind. Code § 27-8-34-5 — Indiana Code / Title 27 / Article 8 / Chapter 34 / Section 27-8-34-5
"Telehealth services"
Status: in_force

Sec. 5. As used in this chapter, "telehealth services" means health care services delivered by use of technology allowed under IC 25-1-9.5-6, including the following:

(1) Medical exams and consultations.

(2) Behavioral health, including substance abuse evaluations and treatment.

As added by P.L.185-2015, SEC.25. Amended by P.L.85-2021, SEC.28.
Ind. Code § 27-7-1-1 — Indiana Code / Title 27 / Article 7 / Chapter 1 / Section 27-7-1-1
Participating underwriters; certificate of authority; application
Status: in_force

Sec. 1. Except on a surplus lines basis under IC 27-1-15.8, no persons, partnerships or corporations shall engage in the business of such insurance as is herein specified as "Lloyds" unless twenty-five (25) or more persons, partnerships or corporations, a majority of whom shall be bona fide residents of the state of Indiana shall have a certificate of authority from the insurance commissioner so to do. The application for such certificate of authority shall be signed by the attorney or attorneys in fact of those persons desiring such certificate, and must be accompanied by a declaration which must set forth the following provisions:

1. The name under which the business is to be conducted, which name shall contain the word "Lloyds," and shall not be similar to that of any existing Lloyds association or corporation in this state, as, in the opinion of the insurance commissioner, is calculated to deceive or mislead.

2. The exact location of the principal office in which the business is to be conducted, which office must be in the state of Indiana.

3. The kind of insurance intended to be written, which shall be only as hereinafter stated.

4. An exact copy of the articles of association or copartnership agreement, made by and between such underwriters.

5. Name, address and amount subscribed by each of the underwriters so proposing to engage in said business.

6. The designation or appointment of one (1) or more attorneys in fact, who shall have residence in Indiana, with full name and address, upon any one of whom summons or consent legal process can be served.

7. That amounts subscribed by said underwriters have been paid as follows:

(A) Not less than twenty-five percent (25%) of said subscriptions in cash.

(B) Not more than fifty percent (50%) of said subscription secured by collateral note (payable on thirty (30) days demand) duly approved by a committee selected by the subscribers to pass thereon.

(C) Not more than twenty-five percent (25%) of said subscription evidenced by subscriber's individual note.

8. That the total of said subscription shall not be less than two hundred and fifty thousand dollars ($250,000), and that at least twenty-five percent (25%) thereof has been paid in cash.

Formerly: Acts 1919, c.177, s.1. As amended by P.L.148-2017, SEC.9.
Ind. Code § 27-6-8-7 — Indiana Code / Title 27 / Article 6 / Chapter 8 / Section 27-6-8-7
Powers and duties of the association
Status: in_force

Sec. 7. (a) The association shall do all of the following:

(1) Be obligated to pay covered claims existing before the order of liquidation, or arising within thirty (30) days after the order of liquidation, or before the policy expiration date if less than thirty (30) days after the order of liquidation, or before the insured replaces the policy or causes its cancellation, if the insured does so within thirty (30) days of the order of liquidation. The obligation shall be satisfied by paying to the claimant an amount as follows:

(A) The full amount of a covered claim for benefits under worker's compensation insurance.

(B) With respect to a claim for the return of unearned premium, an amount not exceeding ten thousand dollars ($10,000) per policy for a covered claim for the return of unearned premium, but the obligation shall include only the amount of each covered claim that is in excess of fifty dollars ($50).

(C) An amount not to exceed three hundred thousand dollars ($300,000) per covered claim. For purposes of this clause, all claims of any kind that arise out of or are related to the bodily injury to or death of one (1) person constitute a single claim, regardless of the number of claims made or the number of claimants.

(D) In no event shall the association be obligated to pay an amount in excess of three hundred thousand dollars ($300,000) for all first and third party claims under a policy or endorsement providing, or that is found to provide, cybersecurity insurance coverage and arising out of or related to a single insured event, regardless of the number of claims made or the number of claimants.

The association is not, in any event, obligated to pay a claimant any amount in excess of the obligation of the insolvent insurer under the policy or coverage from which the claim arises. Notwithstanding any other provision in this chapter, a covered claim may not include a claim filed with the guaranty fund after the final date set by the court for the filing of claims against the liquidator or receiver of an insolvent insurer.

In the case of a claim for wrongful death, the foregoing obligation of the association shall, in addition to the limits set forth above, be subject to the limitations provided by the wrongful death statutes of the state. Such amounts which are legally payable because of the death of a claimant shall be paid to the claimant's estate, to the claimant's father or mother or guardian, to the surviving spouse or children, or to the next of kin as set out in IC 34-23-1 and IC 34-23-2.

The amount for which the association shall be obligated may also include payments in fact made to others, not members of claimant's household, which were reasonably incurred to obtain from such other persons ordinary and necessary services for the production of income in lieu of those services the claimant would have performed for the claimant had the claimant not been injured.

In the case of claims arising from bodily injury, sickness, or disease, including those in which death results, under IC 22-3 or similar state or federal laws providing benefits for occupational injury or disease, the association is obligated only to the extent provided under IC 22-3.

A third party having a covered claim against any insured of an insolvent member insurer may file such claim in the liquidation proceeding under IC 27-9-3 if such insolvent member insurer is a domestic insurer and pursuant to the applicable provisions of law of the state of domicile if such insolvent member insurer is not a domestic insurer. The liquidator shall immediately refer said claim to the association to process as provided in this chapter unless the claimant shall within thirty (30) days from the date of filing said claim in the liquidation proceeding, file with the commissioner as liquidator a written demand that said claim be processed in liquidation proceedings as a claim not covered by this chapter.

(2) Be deemed the insurer to the extent of its obligation on the covered claims as limited by this chapter and to this extent shall have all rights, duties, and obligations of the insolvent insurer as if the insurer had not become insolvent, including those relating to reinsurance contracts and treaties entered into by the insolvent insurer. However, the association's obligation to defend any insured of the insolvent insurer or to indemnify against the costs of such defense terminates as soon as the claimant or claimants have been paid all benefits that they are entitled to under this chapter.

(3) Allocate claims paid and expenses incurred among the three (3) accounts separately, and assess member insurers separately for each account amounts necessary to pay the obligation of the association under subdivision (1) subsequent to an insolvency, the expenses of handling covered claims subsequent to an insolvency, the cost of examination under IC 27-6-8-12 and other expenses authorized by this chapter. There are two (2) classes of assessments as follows:

(A) Class A assessments are assessments that are authorized and called by the board for the purpose of meeting administrative and legal costs and other expenses. Class A assessments may be authorized and called whether or not related to a particular impaired insurer or insolvent insurer.

(B) Class B assessments are assessments that are authorized and called by the board to the extent necessary to carry out the powers and duties of the association under this chapter with regard to an impaired insurer or insolvent insurer.

The amount of a Class A assessment must be determined by the board and may be authorized and called on a pro rata or non-pro rata basis. If pro rata, the board may provide that the assessment be credited against future Class B assessments. The amount of a Class B assessment of each member insurer shall be on a uniform percentage basis in the proportion that the net direct written premiums in this state of the member insurer for the preceding calendar year on the kinds of insurance in the account bears to the net direct written premiums of all member insurers for the preceding calendar year on the kinds of insurance in the account. There shall be no Class B assessment for any account so long as assets held in such account are sufficient to cover all estimated payments for liquidation in process under such account. Each member insurer shall be notified of the assessment not later than thirty (30) days before it is due. No member insurer may be assessed in any year on any account an amount greater than one percent (1%) of that member insurer's net direct written premiums in this state for the preceding calendar year on the kinds of insurance in the account. If the maximum assessment, together with the other assets of the association in any account, does not provide in any one (1) year in any account an amount sufficient to make all necessary payments from that account, the funds available shall be prorated and the unpaid portion shall be paid as soon thereafter as funds become available. The association may exempt or defer, in whole or in part, the assessment of any member insurer, if the assessment would cause the member insurer's financial statement to reflect amounts of capital or surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in which the member insurer is authorized to transact insurance. However, during the period of deferment no dividends shall be paid to shareholders or policyholders by a company whose assessment has been deferred. A deferred assessment shall be paid when such payment will not reduce capital or surplus below required minimums. Such payments shall be refunded to those companies whose assessments were increased as the result of such deferment, or at the option of any such company, shall be credited to future assessments against such company.

(4) Investigate, adjust, compromise, settle, and pay covered claims to the extent of the association's obligation and deny all other claims and may review settlements, releases, and judgments to which the insolvent insurer or its insured were parties to determine the extent to which such settlements, releases, and judgments may be properly contested, and as appropriate to contest them. The association shall pay claims in any order that it may deem reasonable, including the payment of claims as they are received from the claimants or in groups or categories of claims. The association shall have the right to appoint and to direct legal counsel retained under liability insurance policies for the defense of covered claims and to appoint and direct other service providers for covered services.

(5) Notify such persons as the commissioner directs under IC 27-6-8-9(b)(i).

(6) Handle claims through its employees or through one (1) or more insurers or other persons designated as servicing facilities. Designation of a servicing facility is subject to the approval of the commissioner, but such designation may be declined by a member insurer.

(7) Reimburse each servicing facility for obligations of the association paid by the facility and for expenses incurred by the facility while handling claims on behalf of the association and shall pay the other expenses of the association authorized by this chapter. Any unreimbursed obligation of the association to a member insurer designated a servicing facility shall constitute an admitted asset of such member insurer.

(8) Be entitled to and permitted to examine all claims, files, and records of an insolvent insurer at such times and to such extent as necessary or appropriate to obtain information regarding covered claims individually and in the aggregate, and to establish such procedures as appropriate to obtain prompt notice of all covered claims and information pertaining thereto during the course of liquidation.

(9) Have the right to review and contest, as set forth in this subsection, settlements, releases, compromises, waivers, and judgments to which the insolvent insurer or its insureds were parties before the entry of the order of liquidation. In an action to enforce settlements, releases, and judgments to which the insolvent insurer or its insureds were parties before the entry of the order of liquidation, the association shall have the right to assert the following defenses, in addition to the defenses available to the insurer:

(A) The association is not bound by a settlement, release, compromise, or waiver executed by an insured or the insurer or any judgment entered against an insured or the insurer by consent or through a failure to exhaust all appeals, if the settlement, release, compromise, waiver, or judgment was:

(i) executed or entered within one hundred twenty (120) days before the entry of an order of liquidation and the insured or insurer did not use reasonable care in entering into the settlement, release, compromise, waiver, or judgment or did not pursue all reasonable appeals of an adverse judgment; or

(ii) executed by or taken against an insured or the insurer based on default, fraud, collusion, or the insurer's failure to defend.

(B) If a court of competent jurisdiction finds that the association is not bound by a settlement, release, compromise, waiver, or judgment for the reasons described in clause (A), the settlement, release, compromise, waiver, or judgment shall be set aside and the association shall be permitted to defend any covered claim on the merits. The settlement, release, compromise, waiver, or judgment may not be considered as evidence of liability or damages in connection with any claim brought against the association or any other party under this chapter.

(C) The association shall have the right to assert any statutory defenses or rights of offset against any settlement, release, compromise, or waiver executed by an insured or the insurer or any judgment taken against the insured or the insurer.

(10) As to any covered claims arising from a judgment under any decision, verdict, or finding based on the default of the insolvent insurer or its failure to defend, the association, either on its own behalf or on behalf of an insured, may apply to have the judgment, order, decision, verdict, or finding set aside by the same court or administrator that entered the judgment, order, decision, verdict, or finding and shall be permitted to defend the claim on the merits.

(b) The association may do the following:

(1) Appear in, defend, and appeal any action on a covered claim, but the association shall have no obligation to pay any amount in excess of the provisions of IC 27-6-8-7.

(2) Employ or retain such persons as are necessary to handle claims and perform other duties of the association.

(3) Borrow funds necessary to effect the purposes of this chapter in accord with the plan of operation.

(4) Sue or be sued.

(5) Negotiate and become a party to any contracts as are necessary to carry out the purpose of this chapter.

(6) Perform such other acts as are necessary or proper to effectuate the purpose of this chapter.

(7) Refund to the then member insurers in proportion to the contribution of each such member insurer to that account that amount by which the assets of the account exceed the liabilities if, at the end of the calendar year, the board of directors finds that the assets of the association in any account exceed the liabilities of that account as estimated by the board of directors for the coming year, provided that the association may retain as a reserve fund from the excess of the assets over liabilities at the end of any calendar year an amount not to exceed ten percent (10%) of such excess assets of such account. Any such reserve fund or earnings from its investment shall be used only for the payment of covered claims and authorized association expenses. Upon appropriate action by the board of directors such reserve fund shall be refunded to the then member insurers in proportion to the total contribution of each such member insurer to such account.

(c) The following apply with respect to an action involving the association:

(1) Except for an action by the receiver, an action related to or arising out of this chapter against the association must be brought in an Indiana court.

(2) Indiana courts have exclusive jurisdiction over all actions against the association related to or arising out of this chapter.

(3) The exclusive venue for an action by or against the association is in the Marion County Circuit Court, Marion County, Indiana. However, the association may waive this venue for a particular action.

Formerly: Acts 1971, P.L.390, SEC.1; Acts 1975, P.L.280, SEC.2. As amended by Acts 1977, P.L.281, SEC.6; P.L.163-1988, SEC.3; P.L.3-1990, SEC.95; P.L.1-1998, SEC.150; P.L.52-2013, SEC.5; P.L.86-2026, SEC.14.
Ind. Code § 27-2-13-0.1 — Indiana Code / Title 27 / Article 2 / Chapter 13 / Section 27-2-13-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The addition of section 5 of this chapter by P.L.247-1989 applies only to insurance policies issued or renewed after June 30, 1989.

As added by P.L.220-2011, SEC.426.
Ind. Code § 27-1-47-2 — Indiana Code / Title 27 / Article 1 / Chapter 47 / Section 27-1-47-2
Permitted products and services
Status: in_force

Sec. 2. (a) An insurer, by or through its employees, affiliates, insurance producers, or third-party representatives, or an insurance producer acting on the insurance producer's own behalf, may offer or provide, for free or at a discounted price, value-added products or services:

(1) that relate to or are provided in conjunction with a policy of insurance; and

(2) that:

(A) are primarily intended to:

(i) educate about;

(ii) assess;

(iii) monitor;

(iv) mitigate;

(v) reduce;

(vi) control; or

(vii) prevent;

risk, severity, or frequency of loss to persons or to persons' lives, health, or property;

(B) are primarily designed to enhance the health, financial wellness, or safety of persons or of persons' lives, health, or property; or

(C) have a nexus to or enhance the value of the insurance benefits of the policy.

(b) Offering or providing products or services under this section is not a violation of IC 27-1-20-30, IC 27-1-22-18, or IC 27-4-1-4(a)(8).

As added by P.L.196-2021, SEC.33. Amended by P.L.226-2023, SEC.18.
Ind. Code § 27-8-29-20 — Indiana Code / Title 27 / Article 8 / Chapter 29 / Section 27-8-29-20
Documents of review organizations
Status: in_force

Sec. 20. Except as provided in section 19(g) of this chapter, documents and other information created or received by the independent review organization or the medical review professional in connection with an external grievance review under this chapter:

(1) are not public records;

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

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

As added by P.L.66-2001, SEC.3 and P.L.203-2001, SEC.14.
Ind. Code § 27-5.1-1-4 — Indiana Code / Title 27 / Article 5.1 / Chapter 1 / Section 27-5.1-1-4
"Commissioner"
Status: in_force

Sec. 4. "Commissioner" means the insurance commissioner appointed under IC 27-1-1-2.

As added by P.L.129-2003, SEC.8.
Ind. Code § 27-1-52-12 — Indiana Code / Title 27 / Article 1 / Chapter 52 / Section 27-1-52-12
Appeal process
Status: in_force

Sec. 12. (a) An insurer shall provide providers with a clear and accessible process for appealing downcoded claims, including:

(1) a written or electronic notice detailing how to initiate an appeal;

(2) contact information for the individual managing the appeal; and

(3) a timeline for submission of an appeal that is not less than one hundred eighty (180) days.

(b) An insurer shall allow a provider to appeal in batches of similar claims involving substantially similar downcoding issues without restriction.

As added by P.L.88-2026, SEC.6.
Ind. Code § 27-1-12.7-2 — Indiana Code / Title 27 / Article 1 / Chapter 12.7 / Section 27-1-12.7-2
"Holder"
Status: in_force

Sec. 2. As used in this chapter, "holder" means a person described in section 5 of this chapter that is issued a funding agreement by a life insurance company.

As added by P.L.178-2003, SEC.18.
Ind. Code § 27-1-1.5-28 — Indiana Code / Title 27 / Article 1 / Chapter 1.5 / Section 27-1-1.5-28
"Securities Valuation Manual"
Status: in_force

Sec. 28. "Securities Valuation Manual" refers to the document entitled "Securities Valuation Manual" 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 § 27-17-7-1 — Indiana Code / Title 27 / Article 17 / Chapter 7 / Section 27-17-7-1
Annual report; time
Status: in_force

Sec. 1. A discount medical card program organization shall file an annual report with the department not later than three (3) months after the end of the discount medical card program organization's fiscal year.

As added by P.L.73-2006, SEC.3.
Ind. Code § 27-7-5.1-1 — Indiana Code / Title 27 / Article 7 / Chapter 5.1 / Section 27-7-5.1-1
"Financial responsibility"
Status: in_force

Sec. 1. As used in this chapter, "financial responsibility" means the ability to respond in damages as described in IC 9-25-2-3.

As added by P.L.136-2015, SEC.1.
Ind. Code § 27-1-13-7 — Indiana Code / Title 27 / Article 1 / Chapter 13 / Section 27-1-13-7
Policy requirements
Status: in_force

Sec. 7. (a) No policy of insurance against:

(1) a:

(A) loss or damage resulting from accident to; or

(B) death or injury suffered by;

an employee or other person or persons and for which the person or persons insured are liable; or

(2) a loss or damage to property resulting from collision with any moving or stationary object and for which loss or damage the person or persons insured are liable;

shall be issued or delivered in this state by any domestic or foreign corporation, insurance underwriters, association, or other insurer authorized to do business in this state, unless the requirements of subsection (b) are met.

(b) A policy described in subsection (a) must contain the following:

(1) A provision that:

(A) the insolvency or bankruptcy of the person or persons insured shall not release the insurance carrier from the payment of damages for injury sustained or loss occasioned during the life of the policy; and

(B) if execution against the insured is returned unsatisfied in an action brought by the injured person or his or her personal representative in case death resulted from the accident because of insolvency or bankruptcy described in clause (A) then an action may be maintained by the injured person, or his or her personal representative, against the domestic or foreign corporation, insurance underwriters, association or other insurer under the terms of the policy for the amount of the judgment in the said action not exceeding the amount of the policy.

(2) A provision that notice given by or on behalf of the insured to any authorized agent of the insurer within this state, with particulars sufficient to identify the insured, shall be deemed to be notice to the insurer.

(3) If the policy is to be issued or delivered in this state to the owner of a motor vehicle, a provision insuring the owner against liability for damages for death or injury to person or property resulting from negligence in the operation of the motor vehicle, in the business of the owner or otherwise, by any person legally using or operating the motor vehicle with the permission, expressed or implied, of the owner.

(c) If a motor vehicle is owned jointly by a husband and wife:

(1) either spouse may, with the written consent of the other spouse, be excluded from coverage under a policy described in subsection (b)(3); and

(2) the husband and wife may choose to have their liability covered under separate policies.

(d) This section does not prohibit an insurer from making available a named driver exclusion in a commercial motor vehicle policy.

(e) A policy issued in violation of this section shall, nevertheless, be held valid but be deemed to include the provisions required by this section, and when any provision in the policy or rider is in conflict with a provision required to be contained by this section, the rights, duties and obligations of the insurer, the policyholder and the injured person or persons shall be governed by the provisions of this section.

(f) No policy of insurance shall be issued or delivered in this state by any foreign or domestic corporation, insurance underwriters, association, or other insurer authorized to do business in this state, unless it contains a provision that authorizes such foreign or domestic corporation, insurance underwriters, association, or other insurer authorized to do business in this state to settle the liability of its insured under IC 34-18 without the consent of its insured when the unanimous opinion of the medical review panel under IC 34-18-10-22(b)(1) is that the evidence supports the conclusion that the defendant failed to comply with the appropriate standard of care as charged in the complaint.

Formerly: Acts 1935, c.162, s.177. As amended by Acts 1981, P.L.241, SEC.2; P.L.111-1998, SEC.1; P.L.72-2016, SEC.8.
Ind. Code § 27-1-15.9-16 — Indiana Code / Title 27 / Article 1 / Chapter 15.9 / Section 27-1-15.9-16
Violations
Status: in_force

Sec. 16. (a) This section supplements and does not limit the actions that may be taken by the commissioner for a violation under IC 27-1-15.6.

(b) If a vendor or an employee or authorized representative of a vendor violates this chapter, the commissioner may do any of the following:

(1) After notice and hearing, impose on the vendor a civil penalty of not less than fifty dollars ($50) and not more than ten thousand dollars ($10,000).

(2) After notice and hearing, impose other penalties that the commissioner considers necessary and reasonable, including:

(A) suspending the privilege of transacting portable electronics insurance under this chapter at specific locations where violations have occurred; and

(B) suspending or revoking the ability of an individual employee or authorized representative to act under the vendor's limited lines producer license.

(3) Take action that is otherwise authorized under this title against the supervising entity.

As added by P.L.4-2012, SEC.3. Amended by P.L.276-2013, SEC.16.
Ind. Code § 27-1-37.6-12 — Indiana Code / Title 27 / Article 1 / Chapter 37.6 / Section 27-1-37.6-12
"Prior authorization"
Status: in_force

Sec. 12. As used in this chapter, "prior authorization" means a practice implemented by a health plan through which coverage of a health care service is dependent on the covered individual or health care provider obtaining approval from the health plan before the health care service is rendered. The term includes prospective or utilization review procedures conducted before a health care service is rendered.

As added by P.L.203-2023, SEC.19.
Ind. Code § 27-8-15-31 — Indiana Code / Title 27 / Article 8 / Chapter 15 / Section 27-8-15-31
Conversion policy
Status: in_force

Sec. 31. (a) If an eligible employee who has been continuously covered under a health insurance plan for at least ninety (90) days:

(1) loses coverage under the plan as the result of:

(A) termination of employment;

(B) reduction of hours;

(C) marriage dissolution; or

(D) attainment of any age specified in the plan;

(2) is not eligible for continuation coverage under the federal Consolidated Omnibus Budget Reconciliation Act of 1985; and

(3) requests a conversion policy from the small employer insurer that insured the health insurance plan;

the individual is entitled to receive a conversion policy from the small employer insurer.

(b) A request under subsection (a) must be made within thirty (30) days after the individual loses coverage under the health insurance plan.

(c) The premium for a conversion policy issued under this section shall not exceed one hundred fifty percent (150%) of the rate that would have been charged under the small employer health insurance plan with respect to the individual if the individual had been covered as an eligible employee under the plan during the same period. If the health insurance plan under which the individual was covered is canceled or is not renewed, the rates shall be based on the rate that would have been charged with respect to the individual if the plan had continued in force, as determined by the small employer insurer in accordance with standard actuarial principles.

(d) A conversion policy issued under this section must be approved by the insurance commissioner as described in IC 27-8-5-1. The commissioner may not approve a conversion policy unless the policy and its benefits are:

(1) comparable to those required under IC 27-13-1-4(a)(2) through IC 27-13-1-4(a)(5);

(2) reasonable in relation to the premium charged; and

(3) in compliance with IC 27-8-6-1.

If the benefit limits of the conversion policy are not more than the benefit limits of the small employer's health insurance plan, the small employer insurer shall credit the individual with any waiting period, deductible, or coinsurance credited to the individual under the small employer's health insurance plan.

(e) This section expires on the effective date of a mechanism enacted by the general assembly to offset the potential fiscal impact on small employers and small employer insurers that results from the establishment of a continuation policy under section 31.1 of this chapter.

As added by P.L.93-1995, SEC.19. Amended by P.L.11-2011, SEC.35.
Ind. Code § 27-14.5-1-24 — Indiana Code / Title 27 / Article 14.5 / Chapter 1 / Section 27-14.5-1-24
"Plan"
Status: in_force

Sec. 24. "Plan" means a plan:

(1) of reorganization; or

(2) to issue stock.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-7-5.1-2 — Indiana Code / Title 27 / Article 7 / Chapter 5.1 / Section 27-7-5.1-2
"Motor vehicle insurance policy"
Status: in_force

Sec. 2. As used in this chapter, "motor vehicle insurance policy" means a policy that provides the kind of coverage described in Class 2(f) of IC 27-1-5-1.

As added by P.L.136-2015, SEC.1.
Ind. Code § 27-1-37.6-3 — Indiana Code / Title 27 / Article 1 / Chapter 37.6 / Section 27-1-37.6-3
"Downside risk"
Status: in_force

Sec. 3. As used in this chapter, "downside risk" means the risk borne by health care providers in a situation in which, if the total cost of care exceeds projected or budgeted costs, the health care providers will be responsible for a defined percentage of the amount by which the total cost of care exceeds the projected or budgeted costs.

As added by P.L.203-2023, SEC.19.
Ind. Code § 27-13-36.2-10 — Indiana Code / Title 27 / Article 13 / Chapter 36.2 / Section 27-13-36.2-10
Prohibition on denial of claim based on out of network provider referral
Status: in_force

Sec. 10. (a) This section applies to an individual contract and a group contract that is entered into, delivered, amended, or renewed after June 30, 2025.

(b) A health maintenance organization may not deny a claim for reimbursement for a covered service or item provided to an enrollee on the sole basis that the referring provider is an out of network provider.

As added by P.L.144-2025, SEC.38 and P.L.215-2025, SEC.65.
Ind. Code § 27-1-43-1 — Indiana Code / Title 27 / Article 1 / Chapter 43 / Section 27-1-43-1
"Electronic delivery"
Status: in_force

Sec. 1. As used in this chapter, "electronic delivery" or "electronically delivered" includes the following:

(1) Delivery to an electronic mail address at which a party has consented to receive notices or documents.

(2) Posting on an electronic network or web site accessible via the Internet, a mobile application, a computer, a mobile device, a tablet, or another electronic device, with separate notice delivered to the electronic mail address at which a party has consented to receive notice of the posting.

As added by P.L.119-2014, SEC.1.
Ind. Code § 27-13-7-10 — Indiana Code / Title 27 / Article 13 / Chapter 7 / Section 27-13-7-10
Coverage outside Indiana; commissioner's approval not required
Status: in_force

Sec. 10. If:

(1) an evidence of coverage that is issued under and incorporated into a contract issued in Indiana is intended for delivery in another state;

(2) the evidence of coverage has been approved for use in the state in which it is to be delivered; and

(3) the evidence of coverage is not delivered in Indiana;

the evidence of coverage need not be submitted to the commissioner in Indiana for approval.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-1-12-10.5 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-10.5
Rules for minimum standards for establishment of reserves
Status: in_force

Sec. 10.5. The department shall adopt rules under IC 4-22-2 to prescribe minimum standards for the establishment of reserves as specified in the Valuation Manual for insurers writing Class 1(a), Class 1(b), and Class 1(c) lines of business.

As added by P.L.130-1994, SEC.19 and P.L.116-1994, SEC.24. Amended by P.L.124-2018, SEC.17.
Ind. Code § 27-8-17-16 — Indiana Code / Title 27 / Article 8 / Chapter 17 / Section 27-8-17-16
Fraudulent or misleading information; penalties
Status: in_force

Sec. 16. A provider of record, an enrollee, or the agent of a provider of record or an enrollee who provides fraudulent or misleading information is subject to appropriate administrative, civil, and criminal penalties, including criminal penalties under IC 35-43-5.

As added by P.L.128-1992, SEC.1. Amended by P.L.174-2021, SEC.25.
Ind. Code § 27-1-39-10 — Indiana Code / Title 27 / Article 1 / Chapter 39 / Section 27-1-39-10
Rulemaking authority
Status: in_force

Sec. 10. The department may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.38-2006, SEC.1.
Ind. Code § 27-2-20-2 — Indiana Code / Title 27 / Article 2 / Chapter 20 / Section 27-2-20-2
Disclosure prohibited
Status: in_force

Sec. 2. A person may not disclose any nonpublic personal information to a non-affiliated third party in violation of Title V of the Gramm-Leach-Blilely Act of 1999, 15 U.S.C. 6801 et seq.

As added by P.L.203-2001, SEC.6.
Ind. Code § 27-8-31.4-1 — Indiana Code / Title 27 / Article 8 / Chapter 31.4 / Section 27-8-31.4-1
Application of chapter
Status: in_force

Sec. 1. This chapter does not apply to a mail order pharmacy or to specialty drugs.

As added by P.L.202-2017, SEC.20.
Ind. Code § 27-8-19.8-14 — Indiana Code / Title 27 / Article 8 / Chapter 19.8 / Section 27-8-19.8-14
Individuals authorized to act as viatical settlement benefits providers
Status: in_force

Sec. 14. A license issued under this chapter authorizes all officers, members, and employees of the license holder designated under section 10(b) of this chapter to act as viatical settlement providers under the license.

As added by P.L.130-1994, SEC.47 and P.L.116-1994, SEC.70. Amended by P.L.32-1998, SEC.16.
Ind. Code § 27-1-46-8 — Indiana Code / Title 27 / Article 1 / Chapter 46 / Section 27-1-46-8
"Practitioner"
Status: in_force

Sec. 8. (a) As used in this chapter, "practitioner" means:

(1) an individual who holds:

(A) an unlimited license, certificate, or registration;

(B) a limited or probationary license, certificate, or registration;

(C) a temporary license, certificate, registration, or permit;

(D) an intern permit; or

(E) a provisional license;

issued by the board (as defined in IC 25-0.5-11-1) regulating the profession in question; or

(2) an entity that:

(A) is owned by, or employs; or

(B) performs billing for professional health care services rendered by;

an individual described in subdivision (1).

(b) The term does not include the following:

(1) A dentist licensed under IC 25-14.

(2) An optometrist licensed under IC 25-24.

(3) A provider facility.

As added by P.L.93-2020, SEC.12. Amended by P.L.202-2021, SEC.12.
Ind. Code § 27-1-46-9 — Indiana Code / Title 27 / Article 1 / Chapter 46 / Section 27-1-46-9
"Provider"
Status: in_force

Sec. 9. As used in this chapter, "provider" means:

(1) a provider facility; or

(2) a practitioner.

As added by P.L.93-2020, SEC.12.
Ind. Code § 27-7-17.5-5 — Indiana Code / Title 27 / Article 7 / Chapter 17.5 / Section 27-7-17.5-5
"Person"
Status: in_force

Sec. 5. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a partnership, or any other legal entity.

As added by P.L.42-2022, SEC.1.
Ind. Code § 27-1-15.6-11 — Indiana Code / Title 27 / Article 1 / Chapter 15.6 / Section 27-1-15.6-11
Temporary insurance producer license
Status: in_force

Sec. 11. (a) If the commissioner considers the issuance of a temporary license necessary for the servicing of an insurance business, the commissioner, without requiring an examination, may issue a temporary insurance producer license for a period of not more than one hundred eighty (180) days to any of the following:

(1) To the surviving spouse or court-appointed personal representative of a licensed individual insurance producer who dies or becomes mentally or physically disabled:

(A) to allow adequate time for the sale of the insurance business owned by the producer;

(B) to provide for the servicing of the insurance business until the recovery or return of the producer to the business; or

(C) to provide for the training and licensing of new personnel to operate the producer's business.

(2) To a member or employee of a business entity licensed as an insurance producer, upon the death or disability of an individual designated in the business entity application or the license.

(3) To the designee of a licensed individual insurance producer entering active service in the armed forces of the United States of America.

(4) To an individual in any other circumstance where the commissioner considers the public interest to be best served by the issuance to the individual of a temporary insurance producer license.

(b) The commissioner may by order limit the authority of a temporary licensee in any way considered necessary to protect insureds and the public. The commissioner may require the temporary licensee to have a suitable sponsor who is a licensed producer or insurer and who assumes responsibility for all acts of the temporary licensee and may impose other, similar requirements designed to protect insureds and the public.

(c) The commissioner may by order revoke a temporary insurance producer license if the interest of insureds or the public are endangered. A temporary insurance producer license issued under subsection (a)(1)(A) expires at the time the owner or the personal representative disposes of the business.

As added by P.L.132-2001, SEC.3.
Ind. Code § 27-1-2-2.5 — Indiana Code / Title 27 / Article 1 / Chapter 2 / Section 27-1-2-2.5
Health insurance providers; registration
Status: in_force

Sec. 2.5. A person or other entity that provides coverage in Indiana for medical, surgical, chiropractic, physical therapy, speech pathology, audiology, professional mental health, dental, hospital, optometric, or podiatric expenses, whether coverage is by direct payment, reimbursement, or other means, shall:

(1) register with the commissioner; and

(2) indicate in the registration if the coverage provided by the person or other entity is an employee benefit plan subject to the Employee Retirement Income Security Act (29 U.S.C. 1001 et seq.).

As added by P.L.147-1990, SEC.1.
Ind. Code § 27-8-10-1 — Indiana Code / Title 27 / Article 8 / Chapter 10 / Section 27-8-10-1
Definitions
Status: in_force

Sec. 1. (a) The definitions in this section apply throughout this chapter.

(b) "Association" means the Indiana comprehensive health insurance association established under section 2.1 of this chapter.

(c) "Association policy" means a policy issued by the association that provides coverage specified in section 3 of this chapter. The term does not include a Medicare supplement policy that is issued under section 9 of this chapter.

(d) "Carrier" means an insurer providing medical, hospital, or surgical expense incurred health insurance policies.

(e) "Church plan" means a plan defined in the federal Employee Retirement Income Security Act of 1974 under 26 U.S.C. 414(e).

(f) "Commissioner" refers to the insurance commissioner.

(g) "Creditable coverage" has the meaning set forth in the federal Health Insurance Portability and Accountability Act of 1996 (26 U.S.C. 9801(c)(1)).

(h) "Eligible expenses" means those charges for health care services and articles provided for in section 3 of this chapter.

(i) "Federal income poverty level" has the meaning set forth in IC 12-15-2-1.

(j) "Federally eligible individual" means an individual:

(1) for whom, as of the date on which the individual seeks coverage under this chapter, the aggregate period of creditable coverage is at least eighteen (18) months and whose most recent prior creditable coverage was under a:

(A) group health plan;

(B) governmental plan; or

(C) church plan;

or health insurance coverage in connection with any of these plans;

(2) who is not eligible for coverage under:

(A) a group health plan;

(B) Part A or Part B of Title XVIII of the federal Social Security Act (42 U.S.C. 1395 et seq.); or

(C) a state plan under Title XIX of the federal Social Security Act (42 U.S.C. 1396 et seq.);

and does not have other health insurance coverage;

(3) with respect to whom the individual's most recent coverage was not terminated for factors relating to nonpayment of premiums or fraud;

(4) who, if after being offered the option of continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) (29 U.S.C. 1191b(d)(1)), or under a similar state program, elected such coverage; and

(5) who, if after electing continuation coverage described in subdivision (4), has exhausted continuation coverage under the provision or program.

(k) "Governmental plan" means a plan as defined under the federal Employee Retirement Income Security Act of 1974 (26 U.S.C. 414(d)) and any plan established or maintained for its employees by the United States government or by any agency or instrumentality of the United States government.

(l) "Group health plan" means an employee welfare benefit plan (as defined in 29 U.S.C. 1167(1)) to the extent that the plan provides medical care payments to, or on behalf of, employees or their dependents, as defined under the terms of the plan, directly or through insurance, reimbursement, or otherwise.

(m) "Health care facility" means any institution providing health care services that is licensed in this state, including institutions engaged principally in providing services for health maintenance organizations or for the diagnosis or treatment of human disease, pain, injury, deformity, or physical condition, including a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, home health care agency, bioanalytical laboratory, or central services facility servicing one (1) or more such institutions.

(n) "Health care institutions" means skilled nursing facilities, home health agencies, and hospitals.

(o) "Health care provider" means any physician, hospital, pharmacist, or other person who is licensed in Indiana to furnish health care services.

(p) "Health care services" means any services or products included in the furnishing to any individual of medical care, dental care, or hospitalization, or incident to the furnishing of such care or hospitalization, as well as the furnishing to any person of any other services or products for the purpose of preventing, alleviating, curing, or healing human illness or injury.

(q) "Health insurance" means hospital, surgical, and medical expense incurred policies, nonprofit service plan contracts, health maintenance organizations, limited service health maintenance organizations, and self-insured plans. However, the term "health insurance" does not include short term travel accident policies, accident only policies, fixed indemnity policies, automobile medical payment, or incidental coverage issued with or as a supplement to liability insurance.

(r) "Insured" means all individuals who are provided qualified comprehensive health insurance coverage under an individual policy, including all dependents and other insured persons, if any.

(s) "Medicaid" means medical assistance provided by the state under the Medicaid program under IC 12-15.

(t) "Medical care payment" means amounts paid for:

(1) the diagnosis, care, mitigation, treatment, or prevention of disease or amounts paid for the purpose of affecting any structure or function of the body;

(2) transportation primarily for and essential to Medicare services referred to in subdivision (1); and

(3) insurance covering medical care referred to in subdivisions (1) and (2).

(u) "Medically necessary" means health care services that the association has determined:

(1) are recommended by a legally qualified physician;

(2) are commonly and customarily recognized throughout the physician's profession as appropriate in the treatment of the patient's diagnosed illness; and

(3) are not primarily for the scholastic education or career and technical training of the provider or patient.

(v) "Medicare" means Title XVIII of the federal Social Security Act (42 U.S.C. 1395 et seq.).

(w) "Policy" means a contract, policy, or plan of health insurance.

(x) "Policy year" means a twelve (12) month period during which a policy provides coverage or obligates the carrier to provide health care services.

(y) "Health maintenance organization" has the meaning set out in IC 27-13-1-19.

(z) "Resident" means an individual who is:

(1) legally domiciled in Indiana for at least twelve (12) months before applying for an association policy; or

(2) a federally eligible individual and legally domiciled in Indiana.

(aa) "Self-insurer" means an employer who provides services, payment for, or reimbursement of any part of the cost of health care services other than payment of insurance premiums or subscriber charges to a carrier. However, the term "self-insurer" does not include an employer who is exempt from state insurance regulation by federal law, or an employer who is a political subdivision of the state of Indiana.

(bb) "Services of a skilled nursing facility" means services that must commence within fourteen (14) days following a confinement of at least three (3) consecutive days in a hospital for the same condition.

(cc) "Skilled nursing facility", "home health agency", "hospital", and "home health services" have the meanings assigned to them in 42 U.S.C. 1395x.

(dd) "Medicare supplement policy" means an individual policy of accident and sickness insurance that is designed primarily as a supplement to reimbursements under Medicare for the hospital, medical, and surgical expenses of individuals who are eligible for Medicare benefits.

(ee) "Limited service health maintenance organization" has the meaning set forth in IC 27-13-34-4.

As added by Acts 1981, P.L.249, SEC.1. Amended by P.L.253-1989, SEC.1; P.L.1-1990, SEC.260; P.L.2-1992, SEC.785; P.L.26-1994, SEC.13; P.L.116-1994, SEC.64; P.L.2-1995, SEC.107; P.L.188-1995, SEC.8; P.L.91-1998, SEC.12; P.L.1-2001, SEC.33; P.L.193-2003, SEC.3; P.L.234-2007, SEC.165; P.L.124-2018, SEC.77.
Ind. Code § 27-10-5-1 — Indiana Code / Title 27 / Article 10 / Chapter 5 / Section 27-10-5-1
Bail bond enforcement and administration fund; creation; deposit and use of funds
Status: in_force

Sec. 1. (a) The bail bond enforcement and administration fund is created. All fees and penalties collected by the commissioner under this article shall be paid into the fund to be utilized for the enforcement and administration of this article. The fund shall be administered by the commissioner.

(b) Any balance remaining in the fund at the end of a state fiscal year does not revert to the state general fund. The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.

As added by P.L.261-1985, SEC.1. Amended by P.L.102-2005, SEC.10.
Ind. Code § 27-1-12.8-23 — Indiana Code / Title 27 / Article 1 / Chapter 12.8 / Section 27-1-12.8-23
Annual submission of appointed actuary opinion; supporting memorandum; requirements
Status: in_force

Sec. 23. (a) This section applies on and after the operative date of the Valuation Manual.

(b) A company with outstanding life insurance contracts, accident and sickness insurance contracts, or deposit-type contracts in Indiana that is subject to regulation by the commissioner shall:

(1) annually submit the opinion of the appointed actuary concerning whether the reserves and related actuarial items held in support of the contracts:

(A) are computed appropriately;

(B) are based on assumptions that satisfy contractual provisions;

(C) are consistent with previously reported amounts; and

(D) comply with applicable Indiana law;

according to the specific requirements prescribed by the Valuation Manual; and

(2) except as exempted in the Valuation Manual, annually submit the opinion of the appointed actuary concerning whether the reserves and related actuarial items held in support of the contracts specified in the Valuation Manual, when considered with the assets held by the company with respect to the reserves and related actuarial items including the:

(A) investment earnings on the assets; and

(B) considerations anticipated to be received and retained under the contracts;

make adequate provision for the company's obligations, including benefits under, expenses associated with, and any other obligations under the contracts.

(c) The following requirements apply to an opinion required by subsection (b)(2):

(1) A memorandum, in form and substance as specified in the Valuation Manual and acceptable to the commissioner, must be prepared to support each actuarial opinion.

(2) If:

(A) the company fails to provide a supporting memorandum at the request of the commissioner within a period specified in the Valuation Manual; or

(B) the commissioner determines that the supporting memorandum provided by the company fails to meet the standards prescribed by the Valuation Manual or is otherwise unacceptable to the commissioner;

the commissioner may engage a qualified actuary at the expense of the company to review the opinion and the basis for the opinion and prepare the supporting memorandum required by the commissioner.

(d) The following requirements apply to an opinion prepared under subsection (b)(1) or (b)(2):

(1) The opinion must be in form and substance as specified in the Valuation Manual and acceptable to the commissioner.

(2) The opinion must be submitted with the annual statement reflecting the valuation of the reserves for each year ending on or after the operative date of the Valuation Manual.

(3) The opinion must apply to all contracts subject to subsection (b)(2) plus other actuarial liabilities specified in the Valuation Manual.

(4) The opinion must be based on:

(A) standards adopted by the Actuarial Standards Board; and

(B) additional standards prescribed in the Valuation Manual.

(5) In the case of an opinion required to be submitted by a foreign or alien company, the commissioner may accept the opinion filed by the company with the insurance supervisory official of another state if the commissioner determines that the opinion reasonably meets the requirements applicable to a company domiciled in Indiana.

(6) Except in cases of fraud or willful misconduct, the appointed actuary is not liable for damages to a person other than the company and the commissioner for any act, error, omission, decision, or conduct with respect to the appointed actuary's opinion.

(7) Disciplinary action by the commissioner against the company or the appointed actuary must be defined in rules adopted by the commissioner under IC 4-22-2.

As added by P.L.276-2013, SEC.10. Amended by P.L.124-2018, SEC.24.
Ind. Code § 27-2-24-2 — Indiana Code / Title 27 / Article 2 / Chapter 24 / Section 27-2-24-2
"Authorized agency"
Status: in_force

Sec. 2. As used in this chapter, "authorized agency" means the following:

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

(2) The superintendent of the state police.

(3) The prosecuting attorney responsible for prosecutions in the county where damage to property occurs.

(4) The attorney general.

(5) An officer of a unit of local government whose duties include the investigation of arson where damage to property occurs.

As added by P.L.148-2017, SEC.8.
Ind. Code § 27-7-19-1 — Indiana Code / Title 27 / Article 7 / Chapter 19 / Section 27-7-19-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter applies to a policy that is entered into, amended, or renewed after June 30, 2026.

As added by P.L.51-2026, SEC.9.
Ind. Code § 27-1-25-6 — Indiana Code / Title 27 / Article 1 / Chapter 25 / Section 27-1-25-6
Fiduciary status of administrator; fiduciary accounts
Status: in_force

Sec. 6. (a) An administrator is a fiduciary in collecting or returning premiums or charges for the insurer with whom it has a written agreement for administrative services.

(b) Funds collected by the administrator shall be immediately remitted to the person entitled to the funds or deposited in a fiduciary account, which shall be established and maintained by the administrator in a federally insured or state insured financial institution.

(c) The administrator shall maintain records clearly showing the deposits and withdrawals from the fiduciary account for each insurer with whom it has a written agreement for administrative services. The administrator shall furnish to the insurer:

(1) upon the insurer's request, copies of the required records; and

(2) at intervals specified in the written agreement, a periodic accounting of transactions performed by the administrator pertaining to the business underwritten by the insurer.

(d) Subject to the written agreement required by section 2 of this chapter, withdrawals from the fiduciary account shall only be made for the following:

(1) Remittance to an insurer entitled to the funds.

(2) Deposit in an account maintained in the name of the insurer with whom the administrator has a written agreement.

(3) Transfer to and deposit in a claims paying account, with claims to be paid as required under section 7 of this chapter.

(4) Payment to a group policyholder for remittance to the insurer entitled to the funds.

(5) Payment to the administrator for its commission, fees, or charges.

(6) Remittance of return premiums to the person entitled to the funds.

(e) An administrator may not pay any claim with money withdrawn from a fiduciary account established under subsection (b) in which premiums or charges are deposited.

As added by Acts 1980, P.L.168, SEC.2. Amended by Acts 1982, P.L.165, SEC.4; P.L.26-1991, SEC.20; P.L.160-2003, SEC.10.
Ind. Code § 27-7-10-27 — Indiana Code / Title 27 / Article 7 / Chapter 10 / Section 27-7-10-27
Purchasing groups; purchase of insurance from risk retention groups; limitations; notice to members; deductibles; aggregate limits
Status: in_force

Sec. 27. (a) A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed insurance producer or broker acting under the surplus lines laws and regulations of that state.

(b) A purchasing group that obtains liability insurance from an insurer that is not admitted in Indiana or from a risk retention group shall inform each of the members of the group who have a risk resident or located in Indiana that the risk is not protected by an insurance insolvency guaranty fund in Indiana and that the risk retention group or insurer may not be subject to all insurance laws and rules of Indiana.

(c) No purchasing group may purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole. However, coverage may provide for a deductible or self-insured retention applicable to individual members of the purchasing group.

(d) Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits that are applicable to all purchases of group insurance.

As added by P.L.162-1988, SEC.2. Amended by P.L.178-2003, SEC.50.
Ind. Code § 27-8-24.3-10 — Indiana Code / Title 27 / Article 8 / Chapter 24.3 / Section 27-8-24.3-10
Immunity from liability
Status: in_force

Sec. 10. An insurer is immune from civil and criminal liability for any damages caused as a result of the insurer's compliance with this chapter.

As added by P.L.188-1996, SEC.2.
Ind. Code § 27-1-23-1.5 — Indiana Code / Title 27 / Article 1 / Chapter 23 / Section 27-1-23-1.5
Dividend payments; notice; content
Status: in_force

Sec. 1.5. (a) A domestic insurer that is a member of an insurance holding company system may not pay a dividend unless the insurer notifies the department of the dividend and the department receives the notice from the insurer:

(1) not more than five (5) business days after the declaration of the dividend or distribution; and

(2) at least ten (10) days before the payment of the dividend or distribution.

(b) A notice provided by an insurer under subsection (a) must contain information indicating that the surplus of the insurer as regards policyholders will be:

(1) reasonable in relation to the outstanding liabilities of the insurer; and

(2) adequate to the financial needs of the insurer;

following the payment of the dividend.

(c) After receiving a notice from an insurer under this section, the department shall promptly consider the information set forth in the notice under subsection (b). In the department's consideration of the information, the department shall apply the factors set forth in section 4(f) of this chapter.

As added by P.L.130-1994, SEC.29 and P.L.116-1994, SEC.39.
Ind. Code § 27-1-47.5-4 — Indiana Code / Title 27 / Article 1 / Chapter 47.5 / Section 27-1-47.5-4
"Prices"
Status: in_force

Sec. 4. As used in this chapter, "prices" means allowables that are paid for patient care services.

As added by P.L.203-2023, SEC.21.
Ind. Code § 27-8-24.2-5 — Indiana Code / Title 27 / Article 8 / Chapter 24.2 / Section 27-8-24.2-5
Coverage required
Status: in_force

Sec. 5. A policy of accident and sickness insurance must provide coverage for orthotic devices and prosthetic devices, including repairs or replacements, that:

(1) are provided or performed by a person that is:

(A) accredited as required under 42 U.S.C. 1395m(a)(20); or

(B) a qualified practitioner (as defined in 42 U.S.C. 1395m(h)(1)(F)(iii));

(2) are determined by the insured's physician to be medically necessary to restore or maintain the insured's ability to perform activities of daily living or essential job related activities; and

(3) are not solely for comfort or convenience.

As added by P.L.109-2008, SEC.2.
Ind. Code § 27-8-10-3.2 — Indiana Code / Title 27 / Article 8 / Chapter 10 / Section 27-8-10-3.2
Balance billing
Status: in_force

Sec. 3.2. Except as provided in section 3.6 of this chapter, a health care provider shall not bill an insured for any amount that exceeds:

(1) the payment made by the association under the association policy for eligible expenses incurred by the insured; and

(2) any copayment, deductible, or coinsurance amounts applicable under the association policy.

As added by P.L.51-2004, SEC.8.
Ind. Code § 27-14.5-3-7 — Indiana Code / Title 27 / Article 14.5 / Chapter 3 / Section 27-14.5-3-7
Alternative procedure for offer and sale of capital stock
Status: in_force

Sec. 7. A reorganized insurer or intermediate stock holding company may offer and sell voting capital stock without complying with sections 2 through 6 of this chapter if the board of directors of the reorganized insurer or intermediate stock holding company approves the offer and sale and each of the following conditions are satisfied:

(1) The offer is not the first offering of voting capital stock by the reorganized insurer or intermediate stock holding company to a person or persons other than a mutual insurance holding company or intermediate stock holding company.

(2) The stock that is to be offered and sold is:

(A) listed or approved for listing upon notice of issuance on the New York Stock Exchange, the Nasdaq Stock Market, LLC, or any other exchange approved and designated by the commissioner; or

(B) of senior rank or substantially equal rank to stock of the same issuer that is listed or designated under clause (A).

(3) The reorganized insurer or intermediate stock holding company intending to make the offering delivers to the commissioner, at least thirty (30) days before commencing the offering, a notice containing the following information:

(A) The name of the entity intending to make the offering and the affiliated mutual insurance holding company.

(B) The total number and type of shares that are intended to be offered.

(C) The intended date of the sale and whether the sale will be by an underwritten public offering, a private offering, or otherwise.

(D) The exchanges on which the shares (or shares of junior or substantially equal rank) are listed, or the national market systems on which the shares are designated (demonstrating compliance with subdivision (2)), together with the symbols under which the shares are traded.

(E) A record of the trading price and trading volume of the previously issued voting capital stock shares during the immediately preceding fifty-two (52) weeks or shorter period of time if trading for a shorter period of time.

(4) The commissioner does not issue a written objection to the offering and sale of voting capital stock under this section without compliance with sections 2 through 6 of this chapter within twenty (20) days after the commissioner receives the notice filed under subdivision (3).

(5) The offer and sale of stock is completed not more than one hundred eighty (180) days after the commissioner receives the notice filed under subdivision (3), except as otherwise provided by order of the commissioner.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-1-15.6-32 — Indiana Code / Title 27 / Article 1 / Chapter 15.6 / Section 27-1-15.6-32
Fees for licensure
Status: in_force

Sec. 32. (a) The department shall adopt rules under IC 4-22-2 to set fees for licensure under this chapter, IC 27-1-15.7, and IC 27-1-15.8.

(b) Insurance producer and limited lines producer license renewal fees are due every two (2) years. The fee charged by the department every two (2) years for a:

(1) resident license is forty dollars ($40);

(2) nonresident license is ninety dollars ($90); and

(3) designated home state license is ninety dollars ($90).

(c) Consultant renewal fees are due every twenty-four (24) months.

(d) Surplus lines producer renewal fees are due every two (2) years. The fee charged by the department every two (2) years for a:

(1) resident license is eighty dollars ($80); and

(2) nonresident license is one hundred twenty dollars ($120).

(e) The commissioner may issue a duplicate license for any license issued under this chapter. The fee charged by the commissioner for the issuance of a duplicate:

(1) insurance producer license;

(2) surplus lines producer license;

(3) limited lines producer license; or

(4) consultant license;

may not exceed ten dollars ($10).

(f) A fee charged and collected under this section shall be deposited into the department of insurance fund established by IC 27-1-3-28.

As added by P.L.132-2001, SEC.3. Amended by P.L.173-2007, SEC.13; P.L.234-2007, SEC.190; P.L.146-2015, SEC.23.
Ind. Code § 27-1-29-2 — Indiana Code / Title 27 / Article 1 / Chapter 29 / Section 27-1-29-2
"Fund" defined
Status: in_force

Sec. 2. As used in this chapter, "fund" refers to the political subdivision risk management fund established by this chapter.

As added by P.L.162-1986, SEC.1.
Ind. Code § 27-1-3.5-12.3 — Indiana Code / Title 27 / Article 1 / Chapter 3.5 / Section 27-1-3.5-12.3
Internal audit function
Status: in_force

Sec. 12.3. (a) This section does not apply to a domestic insurer that meets the following requirements:

(1) The domestic insurer has annual direct written and unaffiliated assumed premiums (including international direct and assumed premiums and excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program) of less than five hundred million dollars ($500,000,000).

(2) If the domestic insurer is a member of a group of insurers, the group has annual direct written and unaffiliated assumed premiums (including international direct and assumed premiums and excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program) of less than one billion dollars ($1,000,000,000).

A domestic insurer or group of insurers described in this subsection shall comply with the requirements of this section not later than one (1) year after the year in which the domestic insurer's or group's annual direct written and unaffiliated assumed premiums described in subdivisions (1) and (2) exceed the applicable maximum amount specified in subdivision (1) or (2).

(b) A domestic insurer shall establish an internal audit function to:

(1) provide independent, objective, and reasonable assurance to the domestic insurer's audit committee and management concerning the domestic insurer's governance, risk management, and internal controls;

(2) perform general and specific audits, reviews, and tests; and

(3) use other techniques considered necessary to protect assets, evaluate control effectiveness and efficiency, and evaluate compliance with policies and regulations.

(c) An internal audit function established under subsection (b) must be organizationally independent, as follows:

(1) Ultimate judgment concerning audit matters must be made by the department responsible for the internal audit function.

(2) The department responsible for the internal audit function shall appoint an individual:

(A) to be responsible for the internal audit function; and

(B) to have direct and unrestricted access to the board of directors of the domestic insurer.

The internal audit function's organizational independence does not preclude dual reporting relationships.

(d) The director of the internal audit function shall report to the audit committee of a domestic insurer on a regular basis, at least annually, concerning the following:

(1) The internal audit function's periodic audit plan.

(2) Factors that may adversely affect the internal audit function's independence or effectiveness.

(3) Material findings from completed audits.

(4) The appropriateness of corrective actions implemented by management as a result of audit findings.

(e) If a domestic insurer is a member of an insurance holding company system or a member of a group of insurers, the domestic insurer may satisfy the internal audit function requirements of this section at the ultimate controlling person level, an intermediate holding company level, or an individual legal entity level.

As added by P.L.146-2015, SEC.17. Amended by P.L.72-2016, SEC.7.
Ind. Code § 27-1-1.5-32 — Indiana Code / Title 27 / Article 1 / Chapter 1.5 / Section 27-1-1.5-32
"Uniform Application for Individual Adjusters"
Status: in_force

Sec. 32. "Uniform Application for Individual Adjusters" refers to the document entitled "Uniform Application for Individual Adjuster or Apprentice License/Registration" that is:

(1) published by the NAIC; and

(2) in effect on January 1, 2018.

As added by P.L.124-2018, SEC.1.
Ind. Code § 27-14.5-2-9 — Indiana Code / Title 27 / Article 14.5 / Chapter 2 / Section 27-14.5-2-9
Member voting on plan of reorganization
Status: in_force

Sec. 9. In accordance with IC 27-1-7-9, a member:

(1) may vote in person or by proxy; and

(2) is entitled to cast only one (1) vote on the proposed plan of reorganization, regardless of the number of policies or the amount of insurance that the member may have with the applicant or any affiliate of the applicant.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-1-52-5 — Indiana Code / Title 27 / Article 1 / Chapter 52 / Section 27-1-52-5
"Health plan"
Status: in_force

Sec. 5. As used in this chapter, "health plan" means the following:

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

(2) 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 (as defined in IC 27-13-1-19).

(3) A preferred provider plan subject to IC 27-8-11 under which dental services are provided.

As added by P.L.88-2026, SEC.6.
Ind. Code § 27-8-13-7.6 — Indiana Code / Title 27 / Article 8 / Chapter 13 / Section 27-8-13-7.6
"Policy form" defined
Status: in_force

Sec. 7.6. As used in this chapter, "policy form" means the form on which a policy is delivered or issued for delivery by the issuer.

As added by P.L.126-1992, SEC.5.
Ind. Code § 27-8-13-17 — Indiana Code / Title 27 / Article 8 / Chapter 13 / Section 27-8-13-17
Return privilege notice; refund
Status: in_force

Sec. 17. (a) Medicare supplement policies and certificates must have a notice prominently printed on the first page of the policy or certificate or attached to the first page stating in substance that the applicant has the right to return the policy or certificate within thirty (30) days of delivery and to have the premium refunded if, after examination of the policy or certificate, the applicant is not satisfied for any reason.

(b) A refund made under this section shall be paid directly to the applicant by the issuer in a timely manner.

As added by P.L.255-1989, SEC.14. Amended by P.L.126-1992, SEC.14.
Ind. Code § 27-5.1-2-3 — Indiana Code / Title 27 / Article 5.1 / Chapter 2 / Section 27-5.1-2-3
Proposed farm mutual insurance companies; application for certificate of authority
Status: in_force

Sec. 3. (a) If a proposed farm mutual insurance company does not hold a certificate of authority to do business in Indiana on June 30, 2003, an application may be made to the commissioner on a form prescribed by the commissioner for a certificate of authority for the proposed farm mutual insurance company to do business in Indiana as a standard company.

(b) An application described in subsection (a) must include the following concerning the proposed farm mutual insurance company:

(1) The name.

(2) The location and address of the principal office.

(3) The names and addresses of the officers and directors.

(4) Three (3) copies of the articles of incorporation.

(5) A copy of the bylaws.

(c) A standard company described in subsection (a), not earlier than three (3) years after it is granted a certificate of authority to do business as a standard company, may elect to obtain a certificate of authority to do business as an extended company if the standard company:

(1) has an annual direct written premium of more than one million dollars ($1,000,000); and

(2) complies with IC 27-5.1-4-2.

As added by P.L.129-2003, SEC.8.
Ind. Code § 27-8-17-18 — Indiana Code / Title 27 / Article 8 / Chapter 17 / Section 27-8-17-18
Confidential information
Status: in_force

Sec. 18. (a) This chapter does not require a utilization review agent to disclose information that is proprietary.

(b) Any:

(1) information concerning standards, criteria, or medical protocols used by a utilization review agent in conducting utilization review; or

(2) other proprietary information concerning utilization review conducted by a utilization review agent;

that is disclosed to the department of insurance under this chapter is confidential for the purposes of IC 5-14-3-4(a)(1) and may not be disclosed by the department.

As added by P.L.128-1992, SEC.1. Amended by P.L.1-1993, SEC.207.
Ind. Code § 27-1-37.4-2 — Indiana Code / Title 27 / Article 1 / Chapter 37.4 / Section 27-1-37.4-2
"Health plan"
Status: in_force

Sec. 2. As used in this chapter, "health plan" means any of the following that provides coverage for prescription drugs:

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

(2) A contract with a health maintenance organization (as defined in IC 27-13-1-19).

The term includes a person that administers a policy or contract described in subdivision (1) or (2).

As added by P.L.45-2017, SEC.1.
Ind. Code § 27-1-47.5-3 — Indiana Code / Title 27 / Article 1 / Chapter 47.5 / Section 27-1-47.5-3
"Indiana nonprofit hospital system"
Status: in_force

Sec. 3. (a) As used in this chapter, "Indiana nonprofit hospital system" means a hospital that:

(1) is organized as a nonprofit corporation or a charitable trust under Indiana law or the laws of any other state or country and that is:

(A) eligible for tax exempt bond financing; or

(B) exempt from state or local taxes;

(2) is licensed under IC 16-21-2;

(3) filed jointly one (1) hospital audited financial statement with the Indiana department of health in 2021; and

(4) has an annual patient service revenue of at least two billion dollars ($2,000,000,000) based on the hospital system's 2021 audited financial statement filed with the Indiana department of health. As used in this subdivision, "patient service revenue" includes similar terms, including net patient service revenue and patient care service revenue.

(b) The term does not apply to the following:

(1) A nonprofit hospital that is owned by a county.

(2) A critical access hospital that meets the criteria under 42 CFR 485.601 et seq.

(3) An independent hospital.

(4) A governmental hospital.

As added by P.L.203-2023, SEC.21.
Ind. Code § 27-19-2-6 — Indiana Code / Title 27 / Article 19 / Chapter 2 / Section 27-19-2-6
"Department"
Status: in_force

Sec. 6. "Department" refers to the department of insurance created by IC 27-1-1-1.

As added by P.L.278-2013, SEC.27.
Ind. Code § 27-8-14-5 — Indiana Code / Title 27 / Article 8 / Chapter 14 / Section 27-8-14-5
"Woman at risk"
Status: in_force

Sec. 5. As used in this chapter, "woman at risk" means a woman who meets at least one (1) of the following descriptions:

(1) A woman who has a personal history of breast cancer.

(2) A woman who has a personal history of breast disease that was proven benign by biopsy.

(3) A woman whose mother, sister, or daughter has had breast cancer.

(4) A woman who is at least thirty (30) years of age and has not given birth.

As added by P.L.119-1991, SEC.3.
Ind. Code § 27-6-1.1-2 — Indiana Code / Title 27 / Article 6 / Chapter 1.1 / Section 27-6-1.1-2
Indemnity reinsurance; ceding agreements
Status: in_force

Sec. 2. (a) A domestic insurer may cede indemnity reinsurance to any insurer authorized to do business in this state, in any other state of the United States, or in the District of Columbia, or to any alien insurer.

(b) A domestic ceding insurer must file with the commissioner for approval any proposed agreement that would cede indemnity reinsurance of previously retained insurance if the reserves and other liabilities with respect to previously retained insurance that are transferred by the insurer under the proposed agreement and under all other agreements that cede previously retained insurance exceed twenty-five percent (25%) of the total reserves and other liabilities of the domestic ceding insurer. As used in this subsection, "previously retained insurance" means insurance issued before the date of reinsurance and not previously reinsured.

(c) Any agreement that is filed as provided in subsection (b) shall be deemed approved unless the commissioner notifies the insurer within thirty (30) days after submission of an intent to hold a hearing in accordance with section 4 of this chapter.

(d) A transaction of indemnity reinsurance does not create any legal right or relation between the insured, beneficiary, or policyholder and the accepting insurer.

As added by P.L.260-1983, SEC.1.
Ind. Code § 27-1-36-47 — Indiana Code / Title 27 / Article 1 / Chapter 36 / Section 27-1-36-47
Use of documents referred to in chapter
Status: in_force

Sec. 47. (a) The:

(1) RBC instructions;

(2) RBC reports;

(3) adjusted RBC reports;

(4) RBC plans; and

(5) revised RBC plans;

referred to in this chapter are intended solely for use by the commissioner in monitoring the solvency of insurers and the need for possible corrective action with respect to insurers.

(b) The instructions, reports, and plans referred to in subsection (a) shall not be:

(1) used by the commissioner for ratemaking;

(2) considered or introduced as evidence in a rate proceeding; or

(3) used by the commissioner to calculate or derive any elements of an appropriate premium level or rate of return for any line of insurance that an insurer or an affiliate is authorized to write.

As added by P.L.186-1996, SEC.1.
Ind. Code § 27-13-7-3 — Indiana Code / Title 27 / Article 13 / Chapter 7 / Section 27-13-7-3
Contract provisions
Status: in_force

Sec. 3. (a) A contract referred to in section 1 of this chapter must clearly state the following:

(1) The name and address of the health maintenance organization.

(2) Eligibility requirements.

(3) Benefits and services within the service area.

(4) Emergency care benefits and services.

(5) Any out-of-area benefits and services.

(6) Copayments, deductibles, and other out-of-pocket costs.

(7) Limitations and exclusions.

(8) Enrollee termination provisions.

(9) Any enrollee reinstatement provisions.

(10) Claims procedures.

(11) Enrollee grievance procedures.

(12) Continuation of coverage provisions.

(13) Conversion provisions.

(14) Extension of benefit provisions.

(15) Coordination of benefit provisions.

(16) Any subrogation provisions.

(17) A description of the service area.

(18) The entire contract provisions.

(19) The term of the coverage provided by the contract.

(20) Any right of cancellation of the group or individual contract holder.

(21) Right of renewal provisions.

(22) Provisions regarding reinstatement of a group or an individual contract holder.

(23) Grace period provisions.

(24) A provision on conformity with state law.

(25) A provision or provisions that comply with the:

(A) guaranteed renewability; and

(B) group portability;

requirements of the federal Health Insurance Portability and Accountability Act of 1996 (26 U.S.C. 9801(c)(1)).

(26) That the contract provides, upon request of the subscriber, coverage for a child of the subscriber until the date the child becomes twenty-six (26) years of age.

(b) For purposes of subsection (a), an evidence of coverage which is filed with a contract may be considered part of the contract.

As added by P.L.26-1994, SEC.25. Amended by P.L.91-1998, SEC.22; P.L.218-2007, SEC.50; P.L.160-2011, SEC.27.
Ind. Code § 27-13-1-11.3 — Indiana Code / Title 27 / Article 13 / Chapter 1 / Section 27-13-1-11.3
"Department"
Status: in_force

Sec. 11.3. "Department" refers to the department of insurance.

As added by P.L.69-1998, SEC.1.
Ind. Code § 27-10-3-3 — Indiana Code / Title 27 / Article 10 / Chapter 3 / Section 27-10-3-3
Applications; qualifications
Status: in_force

Sec. 3. (a) The application for license, in addition to the matters set out in section 1 of this chapter, to serve as a bail agent must affirmatively show that:

(1) the applicant is at least eighteen (18) years of age and is of good moral character;

(2) the applicant has never been convicted of a disqualifying offense, notwithstanding IC 25-1-1.1, or:

(A) in the case of a felony conviction, at least ten (10) years have passed since the date of the applicant's conviction or release from imprisonment, parole, or probation, whichever is later; or

(B) in the case of a misdemeanor disqualifying offense, at least five (5) years have passed since the date of the applicant's conviction or release from imprisonment, parole, or probation, whichever is later;

(3) the applicant has knowledge or experience in the bail bond business, or has held a valid all lines fire and casualty insurance producer's license for one (1) year within the last five (5) years, or has been employed by a company engaged in writing bail bonds in which field the applicant has actively engaged for at least one (1) year of the last five (5) years; and

(4) the applicant has completed at least twelve (12) hours of instruction in courses approved by the commissioner under section 7.1 of this chapter that pertain to the duties and responsibilities of a bail agent or recovery agent, including instruction in the laws that relate to the conduct of a bail agent or recovery agent.

(b) The application must affirmatively show that the applicant has been a bona fide resident of Indiana for one (1) year immediately preceding the date of application. However, the commissioner may waive this requirement.

As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.14; P.L.178-2003, SEC.82; P.L.102-2005, SEC.2.
Ind. Code § 27-2-14-2 — Indiana Code / Title 27 / Article 2 / Chapter 14 / Section 27-2-14-2
Fraudulent claims; notification by insurer
Status: in_force

Sec. 2. If an insurer has reason to believe that a vehicle theft claim made by an insured is fraudulent, the insurer shall:

(1) notify, in writing, an authorized agency of the suspected fraudulent claim; and

(2) provide the agency with all material developed from the insurer's inquiry into the claim.

As added by Acts 1981, P.L.246, SEC.1.
Ind. Code § 27-13-37-5 — Indiana Code / Title 27 / Article 13 / Chapter 37 / Section 27-13-37-5
Second medical opinions
Status: in_force

Sec. 5. Each health maintenance organization shall allow an enrollee who has received a medical opinion from a participating provider to obtain a second medical opinion from an appropriate participating provider concerning the enrollee's medical condition at the enrollee's request.

As added by P.L.69-1998, SEC.15.
Ind. Code § 27-1-50-3 — Indiana Code / Title 27 / Article 1 / Chapter 50 / Section 27-1-50-3
"Health insurance coverage"
Status: in_force

Sec. 3. (a) As used in this chapter, "health insurance coverage" includes:

(1) a group policy of accident and sickness insurance (as defined in IC 27-8-5-1);

(2) a group contract (as defined in IC 27-13-1-16) that provides coverage for basic health care services (as defined in IC 27-13-1-4); and

(3) any other group health plan that limits eligibility to members of a specific group;

that is subject to state law regulating insurance and offers health insurance coverage (as defined in 42 U.S.C. 300gg-91). The term includes coverage of a dependent of the covered individual under a group policy or contract described in subdivisions (1) through (3).

(b) The term does not include 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.).

As added by P.L.166-2023, SEC.3. Amended by P.L.9-2024, SEC.482.
Ind. Code § 27-9-3-9 — Indiana Code / Title 27 / Article 9 / Chapter 3 / Section 27-9-3-9
Dissolution of corporate existence; authorized acts of liquidator
Status: in_force

Sec. 9. (a) The commissioner may petition for an order dissolving the corporate existence of a domestic insurer, or the United States branch of an alien insurer domiciled in Indiana, at the time the commissioner applies for a liquidation order. The Marion County circuit court shall order dissolution of the corporation upon petition by the commissioner upon or after the granting of a liquidation order. If the dissolution has not previously been ordered, the dissolution shall be effected by operation of law upon the discharge of the liquidator if the insurer is insolvent but may be ordered by the court upon the discharge of the liquidator if the insurer is under a liquidation order for some other reason.

(b) The liquidator may do all acts necessary or appropriate for the accomplishment of the liquidation, including the following:

(1) Appoint a special deputy to act for the liquidator under this article, and determine a reasonable compensation for that special deputy.

(2) Employ employees and insurance producers, legal counsel, actuaries, accountants, appraisers, consultants, and other personnel as the liquidator considers necessary to assist in the liquidation.

(3) Fix the reasonable compensation of employees and insurance producers, legal counsel, actuaries, accountants, appraisers, and consultants with the approval of the court.

(4) Pay reasonable compensation to persons appointed and defray from the funds or assets of the insurer all expenses of taking possession of, conserving, conducting, liquidating, disposing of, or otherwise dealing with the business and property of the insurer.

(5) Hold hearings, subpoena witnesses to compel their attendance, administer oaths, examine any person under oath, and compel any person to subscribe to the person's testimony after it has been correctly reduced to writing, and in connection with hearings and the examination of witnesses require the production of any books, papers, records, or other documents which the liquidator deems relevant to the inquiry.

(6) Collect all debts and moneys due and claims belonging to the insurer, wherever located, and for this purpose:

(A) institute timely action in other jurisdictions, in order to forestall garnishment and attachment proceedings against those debts;

(B) do other acts necessary or expedient to collect, conserve, or protect its assets or property, including the power to sell, compound, compromise, or assign debts for purposes of collection upon terms and conditions as the liquidator considers best; and

(C) pursue any creditor's remedies available to enforce the liquidator's claims.

(7) Conduct public and private sales of the property of the insurer.

(8) Use assets of the estate of an insurer under a liquidation order to transfer policy obligations to a solvent assuming insurer, if the transfer can be arranged without prejudice to applicable priorities under section 40 of this chapter.

(9) Acquire, hypothecate, encumber, lease, improve, sell, transfer, abandon, or otherwise dispose of or deal with, any property of the insurer at its market value or upon such terms and conditions as are fair and reasonable.

(10) Borrow money on the security of the insurer's assets or without security and execute and deliver all documents necessary to that transaction for the purpose of facilitating the liquidation.

(11) Enter into contracts that are necessary to carry out the order to liquidate, and affirm or disavow any contracts to which the insurer is a party.

(12) Continue to prosecute and to institute in the name of the insurer, or in the liquidator's own name, all suits and other legal proceedings, in Indiana or elsewhere, and abandon the prosecution of claims the liquidator considers unprofitable to pursue further.

(13) Prosecute any action that may exist in behalf of the creditors, members, policyholders, or shareholders of the insurer against any director or officer of the insurer, or any other person.

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

(15) Remove all records and property of the insurer to the offices of the commissioner or to some other place as may be convenient for the purposes of efficient and orderly execution of the liquidation.

(16) Deposit in one (1) or more banks in Indiana sums required for meeting current administration expenses and dividend distributions.

(17) Invest all sums not currently needed, unless the court orders otherwise.

(18) File any necessary documents for record in the office of any recorder of deeds or record office in Indiana or elsewhere where property of the insurer is located.

(19) Assert all defenses available to the insurer as against third persons, including statutes of limitation, statutes of frauds, and the defense of usury.

(20) Exercise and enforce all the rights, remedies, and powers of any creditor, shareholder, policyholder, or member, including any power to avoid any transfer or lien that may be given by the general law and that is not included in sections 14 through 16 of this chapter.

(21) Intervene in any proceeding wherever instituted that might lead to the appointment of a receiver or trustee, and act as the receiver or trustee whenever the appointment is offered.

(22) Enter into agreements with any receiver or commissioner of any other state relating to the rehabilitation, liquidation, conservation, or dissolution of an insurer doing business in both states.

(23) Exercise all powers conferred upon receivers by the laws of Indiana not inconsistent with this article.

As added by Acts 1979, P.L.255, SEC.1. Amended by P.L.167-1986, SEC.4; P.L.178-2003, SEC.75; P.L.72-2016, SEC.24.
Ind. Code § 27-13-26-3 — Indiana Code / Title 27 / Article 13 / Chapter 26 / Section 27-13-26-3
Adoption of rules; uniform standards set by commissioner
Status: in_force

Sec. 3. (a) The commissioner may adopt rules under IC 4-22-2 to do the following:

(1) Set uniform standards and criteria to produce an early warning that the continued operation of a health maintenance organization might be hazardous to the subscribers, enrollees, or creditors of the organization or to the general public.

(2) Set standards for evaluating the financial condition of a health maintenance organization.

(b) The standards set under subsection (a)(2) must be consistent with the purposes expressed in section 1 of this chapter.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-1-15.8-4 — Indiana Code / Title 27 / Article 1 / Chapter 15.8 / Section 27-1-15.8-4
Percent of gross premiums remitted to department; affidavit and financial statement filed with department
Status: in_force

Sec. 4. (a) In addition to all other charges, fees, and taxes that may be imposed by law, a surplus lines producer licensed under this chapter shall, on or before February 1 of each year, collect from the insured and remit to the department for the use and benefit of the state of Indiana an amount equal to two and one-half percent (2 1/2%) of all gross premiums upon all policies and contracts procured:

(1) by the surplus lines producer;

(2) under the provisions of this section;

(3) for insureds whose home state is Indiana; and

(4) during the preceding twelve (12) month period ending December 31.

The declarations page of a policy referred to in this subsection must itemize the amounts of all charges for taxes, fees, and premiums.

(b) A licensed surplus lines producer shall execute and file with the department of insurance on or before the twentieth day of each month an affidavit that specifies all transactions, policies, and contracts procured during the preceding calendar month, including:

(1) the description and location of the insured property or risk and the name of the insured;

(2) the gross premiums charged in the policy or contract;

(3) the name and home office address of the insurer whose policy or contract is issued, and the kind of insurance effected; and

(4) a statement that:

(A) the licensee, after diligent effort, was unable to procure from any insurer authorized to transact the particular class of insurance business in Indiana the full amount of insurance required to protect the insured; and

(B) the insurance placed under this chapter is not placed for the purpose of procuring it at a premium rate lower than would be accepted by an insurer authorized and licensed to transact insurance business in Indiana.

(c) A licensed surplus lines producer shall file with the department, not later than March 31 of each year, the financial statement, dated as of December 31 of the preceding year, of each unauthorized insurer from whom the surplus lines producer has procured a policy or contract. The insurance commissioner may, in the commissioner's discretion, after reviewing the financial statement of the unauthorized insurer, order the surplus lines producer to cancel an unauthorized insurer's policies and contracts if the commissioner is of the opinion that the financial statement or condition of the unauthorized insurer does not warrant continuance of the risk.

(d) A licensed surplus lines producer shall keep a separate account of all business transacted under this section. The account may be inspected at any time by the commissioner or the commissioner's deputy or examiner.

(e) An insurer that issues a policy or contract to insure a risk under this section is considered to have appointed the commissioner as the insurer's attorney upon whom process may be served in Indiana in any suit, action, or proceeding based upon or arising out of the policy or contract.

(f) The commissioner may revoke or refuse to renew a surplus lines producer's license for failure to comply with this section.

(g) A surplus lines producer licensed under this chapter may accept and place policies or contracts authorized under this section for an insurance producer duly licensed in Indiana, and may compensate the insurance producer even though the insurance producer is not licensed under this chapter.

(h) If a surplus lines producer does not remit an amount due to the department within the time prescribed in subsection (a), the commissioner shall assess the surplus lines producer a penalty of ten percent (10%) of the amount due. The commissioner shall assess a further penalty of an additional one percent (1%) of the amount due for each month or portion of a month that any amount due remains unpaid after the first month. Penalties assessed under this subsection are payable by the surplus lines producer and are not collectible from an insured.

As added by P.L.132-2001, SEC.5. Amended by P.L.160-2003, SEC.2; P.L.173-2007, SEC.15; P.L.208-2018, SEC.7.
Ind. Code § 27-7-3.7-6 — Indiana Code / Title 27 / Article 7 / Chapter 3.7 / Section 27-7-3.7-6
Funds received in escrow transaction to be deposited in escrow account; exception
Status: in_force

Sec. 6. Funds received in connection with an escrow transaction must be deposited in an escrow account unless the parties to the escrow transaction agree in writing to another arrangement.

As added by P.L.92-2009, SEC.1.
Ind. Code § 27-7-2-25 — Indiana Code / Title 27 / Article 7 / Chapter 2 / Section 27-7-2-25
Annual license of rating bureau
Status: in_force

Sec. 25. The bureau shall procure annually from the department a license to carry on its business for which license a fee of one hundred dollars ($100) shall be paid to the state of Indiana through the insurance department of this state. The license year shall terminate on the thirtieth day of April of each year.

Formerly: Acts 1935, c.323, s.25.
Ind. Code § 27-13-22-2 — Indiana Code / Title 27 / Article 13 / Chapter 22 / Section 27-13-22-2
Joint organization or operation as health maintenance organization
Status: in_force

Sec. 2. Notwithstanding any other law:

(1) insurers;

(2) hospitals; or

(3) subsidiaries or affiliates of entities referred to in subdivisions (1) and (2);

may jointly organize and operate a health maintenance organization.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-1-24.6-1 — Indiana Code / Title 27 / Article 1 / Chapter 24.6 / Section 27-1-24.6-1
Applicability
Status: in_force

Sec. 1. This chapter applies to generic drugs covered under a health plan after December 31, 2025.

As added by P.L.216-2025, SEC.41.
Ind. Code § 27-9-3-46 — Indiana Code / Title 27 / Article 9 / Chapter 3 / Section 27-9-3-46
Destruction of records
Status: in_force

Sec. 46. Whenever it appears to the commissioner that the records of any insurer in process of liquidation or completely liquidated are no longer useful, he may recommend to the Marion County circuit court that certain records be destroyed. The court shall direct what records should be retained for future reference and what should be destroyed.

As added by Acts 1979, P.L.255, SEC.1.
Ind. Code § 27-2-21-22 — Indiana Code / Title 27 / Article 2 / Chapter 21 / Section 27-2-21-22
Consumer reporting agency prohibitions
Status: in_force

Sec. 22. (a) A consumer reporting agency may not provide or sell data or lists that include information submitted in conjunction with:

(1) an insurance inquiry about a consumer's credit information; or

(2) a request for a credit report or insurance score;

including the expiration dates of an insurance policy or other information that may identify periods during which a consumer's insurance expires and the terms and conditions of the consumer's insurance coverage.

(b) The restrictions under subsection (a) do not apply to data or lists a consumer reporting agency supplies to an:

(1) insurance producer from whom the information was received;

(2) insurer on behalf of which the insurance producer described in subdivision (1) acted; or

(3) affiliate or holding company of the insurer described in subdivision (2).

(c) This section does not prohibit an insurer from obtaining a claim history report or a motor vehicle report.

As added by P.L.201-2003, SEC.1.
Ind. Code § 27-1-12.1-6 — Indiana Code / Title 27 / Article 1 / Chapter 12.1 / Section 27-1-12.1-6
Organization of limited purpose subsidiary
Status: in_force

Sec. 6. A domestic life insurance company that is authorized to engage in the business of insurance in Indiana may organize a limited purpose subsidiary under this chapter.

As added by P.L.11-2011, SEC.7.
Ind. Code § 27-1-46-12 — Indiana Code / Title 27 / Article 1 / Chapter 46 / Section 27-1-46-12
In network good faith estimates; out of network good faith estimates
Status: in_force

Sec. 12. (a) If:

(1) the individual who requests a good faith estimate from a provider facility under this chapter and has been verified as a covered individual with respect to a network plan; and

(2) the provider facility from which the individual requests the good faith estimate is in network with respect to the same network plan;

the good faith estimate that the provider facility provides to the individual under this chapter must be based on the price to which the provider facility and any practitioners referred to in section 11(c)(2) of this chapter have agreed as in network providers.

(b) If the individual who requests a good faith estimate from a provider facility under this chapter:

(1) is not a covered individual with respect to any network plan; or

(2) is not a covered individual with respect to a network plan with respect to which the provider facility is in network;

the good faith estimate that the provider facility provides to the individual under this chapter must be based on the price that the provider facility and any practitioners referred to in section 11(c)(2) of this chapter charge for the nonemergency health care services in the absence of any network plan.

As added by P.L.93-2020, SEC.12.
Ind. Code § 27-13-10.1-4 — Indiana Code / Title 27 / Article 13 / Chapter 10.1 / Section 27-13-10.1-4
Requirements of independent review organization
Status: in_force

Sec. 4. (a) An independent review organization shall:

(1) for an expedited appeal filed under section 2(a)(2)(A) of this chapter, within seventy-two (72) hours after the appeal is filed; or

(2) for a standard appeal filed under section 2(a)(2)(B) of this chapter, within fifteen (15) business days after the appeal is filed;

make a determination to uphold or reverse the health maintenance organization's grievance resolution under IC 27-13-10-8 based on information gathered from the enrollee or the enrollee's designee, the health maintenance organization, and the treating physician, and any additional information that the independent review organization considers necessary and appropriate.

(b) When making the determination under this section, the independent review organization shall apply:

(1) standards of decision making that are based on objective clinical evidence; and

(2) the terms of the enrollee's benefit contract.

(c) The independent review organization shall notify the health maintenance organization and the enrollee of the determination made under this section:

(1) for an expedited appeal filed under section 2(a)(2)(A) of this chapter, within seventy-two (72) hours after the appeal is filed; or

(2) for a standard appeal filed under section 2(a)(2)(B) of this chapter, within seventy-two (72) hours after making the determination.

As added by P.L.133-1999, SEC.7. Amended by P.L.72-2016, SEC.26.
Ind. Code § 27-4-1-4.5 — Indiana Code / Title 27 / Article 4 / Chapter 1 / Section 27-4-1-4.5
Enumeration of unfair claim settlement practices
Status: in_force

Sec. 4.5. The following are unfair claim settlement practices:

(1) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.

(2) Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies.

(3) Failing to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies.

(4) Refusing to pay claims without conducting a reasonable investigation based upon all available information.

(5) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed.

(6) Not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear.

(7) Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds.

(8) Attempting to settle a claim for less than the amount to which a reasonable individual would have believed the individual was entitled by reference to written or printed advertising material accompanying or made part of an application.

(9) Attempting to settle claims on the basis of an application that was altered without notice to or knowledge or consent of the insured.

(10) Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which the payments are being made.

(11) Making known to insureds or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration.

(12) Delaying the investigation or payment of claims by requiring an insured, a claimant, or the physician of either to submit a preliminary claim report and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information.

(13) Failing to promptly settle claims, where liability has become reasonably clear, under one (1) portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.

(14) Failing to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement.

(15) In negotiations concerning liability insurance claims, ascribing a percentage of fault to a person seeking to recover from an insured party, in spite of an obvious absence of fault on the part of that person.

(16) The unfair claims settlement practices defined in IC 27-4-1.5.

As added by P.L.259-1983, SEC.2. Amended by P.L.271-1987, SEC.6; P.L.194-1991, SEC.1; P.L.203-2001, SEC.7.
Ind. Code § 27-1-7-9 — Indiana Code / Title 27 / Article 1 / Chapter 7 / Section 27-1-7-9
Voting rights of policyholders and members; proxy votes
Status: in_force

Sec. 9. Except as otherwise provided in the articles of incorporation every policyholder or member, in all companies other than stock companies, shall have the right to one (1) vote at every policyholders' or members' meeting, regardless of the number of policies or amount of insurance he may have with such company.

Any policyholder or member may vote either in person or by proxy executed in writing by the policyholder or by a duly authorized attorney in fact. Unless a longer time is expressly provided therein, no proxy hereafter given shall be valid after eleven (11) months from the date of its execution.

Formerly: Acts 1935, c.162, s.87.
Ind. Code § 27-1-22-17 — Indiana Code / Title 27 / Article 1 / Chapter 22 / Section 27-1-22-17
Withholding information; giving false or misleading information
Status: in_force

Sec. 17. No person may knowingly withhold information from, or knowingly give false or misleading information to, the commissioner or the department, to any statistical agency designated by the department, to any rating organization, or to any insurer, which will affect the rates or premiums chargeable under this article.

Formerly: Acts 1967, c.133, s.17. As amended by Acts 1978, P.L.2, SEC.2714.
Ind. Code § 27-8-16-2 — Indiana Code / Title 27 / Article 8 / Chapter 16 / Section 27-8-16-2
"Department" defined
Status: in_force

Sec. 2. As used in this chapter, "department" refers to the department of insurance.

As added by P.L.128-1992, SEC.2.
Ind. Code § 27-1-43.2-10 — Indiana Code / Title 27 / Article 1 / Chapter 43.2 / Section 27-1-43.2-10
Service contract characterization and regulation
Status: in_force

Sec. 10. (a) A service contract:

(1) is not insurance; and

(2) except as provided in this chapter, is not regulated under IC 27.

(b) The authority of the commissioner under this chapter is in addition to all other authority of the commissioner under this title.

As added by P.L.129-2014, SEC.10.
Ind. Code § 27-8-31.4-2 — Indiana Code / Title 27 / Article 8 / Chapter 31.4 / Section 27-8-31.4-2
"Covered individual"
Status: in_force

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

As added by P.L.202-2017, SEC.20.
Ind. Code § 27-15-1-1 — Indiana Code / Title 27 / Article 15 / Chapter 1 / Section 27-15-1-1
Short title
Status: in_force

Sec. 1. This article may be referred to as the Indiana demutualization law.

As added by P.L.94-1999, SEC.3.
Ind. Code § 27-1-20-20 — Indiana Code / Title 27 / Article 1 / Chapter 20 / Section 27-1-20-20
Financial statement; requirements; violations; penalties
Status: in_force

Sec. 20. Except as otherwise provided in this section, every advertisement or public announcement and every sign, circular or card issued or displayed by any domestic, foreign or alien company doing business in this state, purporting to make known its financial condition, shall state the amount of its paid-up capital, the assets owned, its liabilities, including therein the premium and loss reserves required by law, and the amount of net surplus of admitted assets over all its liabilities actually available for the payment of its losses and claims and held for the protection of its policyholders and shall correspond to the next preceding verified statement made to the department by such company. The foregoing shall not apply to a statement showing only the capital stock paid up and the surplus separately and combined, but such items shall not be in excess of the corresponding items shown on the verified statements made by such company to the department next preceding the making or issuing of the same. Every advertisement or public announcement and every sign, circular or card issued or displayed by an alien company doing business in this state, purporting to make known its financial condition, shall segregate and state separately the capital and assets held by its United States branch, the liabilities, including therein the premium and loss reserves required by law, and the amount of net surplus of assets over all its liabilities actually available for the payment of its losses and claims and held for the protection of its policyholders in the United States and shall correspond to the next preceding verified annual statement made by such company to the commissioner.

Despite any other provision of the laws of this state an insurer may, subject to requirements set forth by regulation promulgated by the Commissioner, publish financial statements or information based on financial statements prepared on a basis which is in accordance with requirements of a competent authority and which differs from the basis of the statements which have been filed with the Insurance Commissioner. Such differing financial statements or information based on financial statements shall not be made the basis for the application of provisions of any laws of this state not relating solely to the publication of financial information unless such provisions specifically so require.

For every willful violation of this section and section 19 of this chapter by any such company or by an agent thereof the company shall forfeit for the first offense to the state of Indiana the sum of five hundred dollars ($500) and for every subsequent offense the sum of one thousand dollars ($1,000), which, when recovered, shall be paid to the state treasurer.

Formerly: Acts 1935, c.162, s.268; Acts 1974, P.L.123, SEC.1.
Ind. Code § 27-7-6-11 — Indiana Code / Title 27 / Article 7 / Chapter 6 / Section 27-7-6-11
Dispute as to truth of reason for cancellation; hearing; findings; effect; fee
Status: in_force

Sec. 11. (a) In the event the truth of the reason or reasons for cancellation is disputed by the named insured, the insured may, not later than ten (10) days prior to the effective date of such cancellation, apply in writing to the commissioner of insurance for a hearing. Such application shall state wherein such reason or reasons are false and a copy of such application shall be mailed or delivered to the insurer on the same date it is submitted to the commissioner.

(b) If the commissioner finds that the application was made in good faith and does in fact present a dispute as to the truth or existence of valid grounds for cancellation, the commissioner shall, within a reasonable time after receipt of such application and upon ten (10) days notice to the named insured and the insurer, hold a hearing on the matter. The findings of the commissioner shall be final and shall be issued in writing to the parties within five (5) days after the hearing.

(c) In the event of a finding that no reason for cancellation in fact exists, the cancellation shall be of no effect and the notice shall be rescinded.

(d) In the event of a finding that one (1) or more reasons for cancellation do in fact exist, the cancellation shall be effective as of the date stated in the cancellation notice.

(e) No investigation, defense, or other action undertaken by the insurer during the period between the date of cancellation stated in the notice and the date the commissioner issued findings shall be deemed a waiver of any rights or defenses on the part of such insurer.

(f) Any application for a hearing shall be accompanied by a filing fee of twenty dollars ($20) as a condition precedent to such hearing. Such fee shall be returned to the named insured if the finding is in the insured's favor, but otherwise shall be retained by the department of insurance.

Formerly: Acts 1969, c.332, s.11. As amended by P.L.3-1989, SEC.154.
Ind. Code § 27-1-12.6-3 — Indiana Code / Title 27 / Article 1 / Chapter 12.6 / Section 27-1-12.6-3
Cash surrender value table
Status: in_force

Sec. 3. Each annuity contract providing for single or fixed scheduled considerations shall contain a table showing the cash surrender value, if any, available under the contract on each contract anniversary date, during the first twenty (20) contract years or during the term of the contract, whichever is shorter. Such table shall be calculated upon the assumptions that there are no additional amounts credited by the company to the contract, that there is no indebtedness to the company on account of or secured by the contract and that there are no prior withdrawals from or partial surrender of the contract.

As added by Acts 1977, P.L.286, SEC.2.
Ind. Code § 27-8-24-1 — Indiana Code / Title 27 / Article 8 / Chapter 24 / Section 27-8-24-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter applies to:

(1) every policy of accident and sickness insurance (as defined in IC 27-8-5-1), whether written on an individual basis, a group basis, a franchise basis, or a blanket basis; and

(2) every group contract (as defined in IC 27-13-1-16) or individual contract (as defined in IC 27-13-1-21) through which a health maintenance organization furnishes health care services;

that is issued, delivered, executed, or renewed in Indiana and that provides maternity benefits.

As added by P.L.194-1996, SEC.1.
Ind. Code § 27-8-1-7 — Indiana Code / Title 27 / Article 8 / Chapter 1 / Section 27-8-1-7
Restriction on kinds of certificates; expenses; segregation of expense and mortuary funds
Status: in_force

Sec. 7. No corporation, association, or society organized under the provisions of this chapter shall issue endowment certificates or policies undertaking or promising to pay members during life, except for accident or temporary illness, any stipulated sum of money. The expenses of such corporation, association, or society shall be provided for by admission fees, and either fixed annual payments or assessments made and designated to be for such expenses, and no part of the expense fund shall in any case be used to pay death claims, and no part of the mortuary fund shall in any case be used to pay expenses.

Formerly: Acts 1883, c.136, s.7. As amended by P.L.252-1985, SEC.270.
Ind. Code § 27-16-2-14 — Indiana Code / Title 27 / Article 16 / Chapter 2 / Section 27-16-2-14
"Professional employer services"
Status: in_force

Sec. 14. "Professional employer services" means the services that are provided to a client by a professional employer organization under a professional employer agreement.

As added by P.L.245-2005, SEC.7.
Ind. Code § 27-14.5-5-4 — Indiana Code / Title 27 / Article 14.5 / Chapter 5 / Section 27-14.5-5-4
Permissible actions of mutual insurance holding company; disclosure required when acquiring majority of voting stock of insurance company
Status: in_force

Sec. 4. (a) With the written approval of the commissioner, and subject to any conditions that the commissioner may impose, a mutual insurance holding company may do any of the following:

(1) Merge or consolidate with, or acquire the assets of:

(A) a mutual insurance holding company licensed under this article; or

(B) any similar entity organized under the laws of any other state.

(2) Either alone or together with one (1) or more of an intermediate stock holding company, a stock insurance company subsidiaries or other subsidiaries, directly or indirectly, acquire the stock or assets of:

(A) a stock insurance company;

(B) a mutual insurance company that is reorganized under this article or the law of its state of organization; or

(C) a mutual insurance company.

(3) Acquire a stock insurance company through the merger of the stock insurance company or its parent company, as applicable, into:

(A) a stock insurance company subsidiary; or

(B) an intermediate stock holding company subsidiary or the mutual insurance holding company.

(b) A mutual insurance holding company and its affiliates may:

(1) establish any other type of entity as otherwise permitted by law; and

(2) acquire the stock or assets of any other entity or person as otherwise permitted by law.

(c) Whenever a mutual insurance holding company:

(1) holds;

(2) acquires; or

(3) plans to acquire;

more than fifty percent (50%) of the voting capital stock of a stock insurance company, the mutual insurance holding company must submit to the commissioner a description of any membership interests of policyholders of the stock insurance company in the mutual insurance holding company.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-5.1-2-42 — Indiana Code / Title 27 / Article 5.1 / Chapter 2 / Section 27-5.1-2-42
Exemption from regulation
Status: in_force

Sec. 42. A company or association organized before January 1, 1870, that provides the kind of insurance described in this article and has not made an election under IC 27-5-1-14 (before its repeal) is not subject to this article unless the company or association elects to conduct the company's or association's business under this article by a resolution:

(1) adopted by the company's or association's board of directors or policyholders;

(2) filed with the commissioner; and

(3) approved by the commissioner.

As added by P.L.129-2003, SEC.8.
Ind. Code § 27-1-33-1 — Indiana Code / Title 27 / Article 1 / Chapter 33 / Section 27-1-33-1
Actuary
Status: in_force

Sec. 1. As used in this chapter, "actuary" means a person who is a member in good standing of the American Academy of Actuaries.

As added by P.L.1-1992, SEC.148.
Ind. Code § 27-7-17-20 — Indiana Code / Title 27 / Article 7 / Chapter 17 / Section 27-7-17-20
Rules
Status: in_force

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

As added by P.L.19-2022, SEC.5.
Ind. Code § 27-1-22-14 — Indiana Code / Title 27 / Article 1 / Chapter 22 / Section 27-1-22-14
Regulation of organization of insurers engaging in joint underwriting or joint reinsurance; unfair or unreasonable practices
Status: in_force

Sec. 14. (a) Every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance shall be subject to regulation with respect thereto as provided in this chapter, subject, however, with respect to joint underwriting, to all other provisions of this chapter and with respect to joint reinsurance, to section 15 of this chapter.

(b) If, after a hearing, the commissioner finds that any activity or practice of any such group, association, or other organization is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter, he may issue a written order specifying in what respects such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter and requiring the discontinuance of such activity or practice.

Formerly: Acts 1967, c.133, s.14. As amended by P.L.252-1985, SEC.117.
Ind. Code § 27-1-47.5-8 — Indiana Code / Title 27 / Article 1 / Chapter 47.5 / Section 27-1-47.5-8
Annual report
Status: in_force

Sec. 8. Before December 1, 2024, and before December 1 of each subsequent year, the department shall submit a report of the third party contractor's findings in section 7 of this chapter in an electronic format under IC 5-14-6 to the health care cost oversight task force established by IC 2-5-47.

As added by P.L.203-2023, SEC.21.
Ind. Code § 27-4-1.5-2 — Indiana Code / Title 27 / Article 4 / Chapter 1.5 / Section 27-4-1.5-2
"Body shop" defined
Status: in_force

Sec. 2. As used in this chapter, "body shop" means a business that repairs damage to the exterior of motor vehicles.

As added by P.L.194-1991, SEC.2.