Ind. Code § 27-8-5-15 — Indiana Code / Title 27 / Article 8 / Chapter 5 / Section 27-8-5-15
Blanket accident and sickness insurance; qualification of groups; policy provisions; payment of benefits
Status: in_force

Sec. 15. (a) No policy of blanket accident and sickness insurance shall be delivered or issued for delivery in this state unless it conforms to the requirements of this section.

(1) A policy may be issued to any common carrier or to any operator, owner or lessee of a means of transportation, who or which shall be deemed the policyholder, covering a group of persons who may become passengers defined by reference to their travel status on such common carrier or such means of transportation.

(2) A policy may be issued to an employer, who shall be deemed the policyholder, covering any group of employees, dependents or guests, defined by reference to specified hazards incident to an activity or activities or operations of the policyholder.

(3) A policy may be issued to a college, school, or other institution of learning, a school district or districts, or school jurisdictional unit, or to the head, principal, or governing board of any such educational unit, who or which shall be deemed the policyholder, covering students, teachers, or employees.

(4) A policy may be issued to any religious, charitable, recreational, educational, or civic organization, or branch of such an organization, which shall be deemed the policyholder, covering any group of members or participants defined by reference to specified hazards incident to any activity or activities or operations sponsored or supervised by such policyholder.

(5) A policy may be issued to a sports team, camp, or sponsor of a sports team or camp, which shall be deemed the policyholder, covering members, campers, employees, officials, or supervisors.

(6) A policy may be issued to any volunteer fire department, first aid, emergency management, or other such volunteer organization, which shall be deemed the policyholder, covering any group of members or participants defined by reference to specified hazards incident to an activity or activities or operations sponsored or supervised by such policyholder.

(7) A policy may be issued to a newspaper or other publisher, which shall be deemed the policyholder, covering its carriers.

(8) A policy may be issued to an association, including a labor union, which shall have a constitution and bylaws and which has been organized and is maintained in good faith for purposes other than that of obtaining insurance, which shall be deemed the policyholder, covering any group of members or participants defined by reference to specified hazards incident to an activity or activities or operations sponsored or supervised by such policyholder.

(9) A policy may be issued to cover any other risk or class of risks which, in the discretion of the commissioner, may be properly eligible for blanket accident and sickness insurance. The discretion of the commissioner may be exercised on an individual risk basis or class of risks, or both.

(b) Each such policy shall contain in substance provisions which in the opinion of the commissioner are not less favorable to the policyholder and the individual insured than the following:

(1) A provision that the policy, including endorsements and a copy of the application, if any, of the policyholder and the persons insured shall constitute the entire contract between the parties, and that any statement made by the policyholder or by a person insured shall in absence of fraud, be deemed a misrepresentation and not a warranty, and that no such statements shall be used in defense to a claim under the policy, unless contained in a written application. Such a person, the person's beneficiary, or the person's assignee shall have the right to make written request to the insurer for a copy of such application and the insurer shall, within fifteen (15) days after the receipt of such request at its home office or any branch office of the insurer, deliver or mail to the person making such request a copy of such application. If such copy shall not be so delivered or mailed, the insurer shall be precluded from introducing such application as evidence in any action based upon or involving any statements contained in the application.

(2) A provision that written notice of sickness or of injury must be given to the insurer within twenty (20) days after the date when such sickness or injury occurred. Failure to give notice within such time shall not invalidate nor reduce any claim if it is shown not to have been reasonably possible to give such notice and that notice was given as soon as was reasonably possible.

(3) A provision that the insurer will furnish either to the claimant or to the policyholder for delivery to the claimant such forms as are usually furnished by it for filing proof of loss. If such forms are not furnished before the expiration of fifteen (15) days after giving of such notice, the claimant shall be deemed to have complied with the requirements of the policy as to proof of loss upon submitting, within the time fixed in the policy for filing proof of loss, written proof covering the occurrence, the character, and the extent of the loss for which claim is made.

(4) A provision that in the case of claim for loss of time for disability, written proof of such loss must be furnished to the insurer within ninety (90) days after the commencement of the period for which the insurer is liable and that subsequent written proofs of the continuance of such disability must be furnished to the insurer at intervals as the insurer may reasonably require, and that in the case of claim for any other loss, written proof of such loss must be furnished to the insurer within ninety (90) days after the date of such loss. Failure to furnish such proof within such time shall not invalidate nor reduce any claim if it shall be shown not to have been reasonably possible to furnish such proof and that such proof was furnished as soon as was reasonably possible.

(5) A provision that all benefits payable under the policy other than benefits for loss of time will be payable:

(A) immediately upon receipt of due written proof of such loss; or

(B) in accordance with IC 27-8-5.7;

whichever is more favorable to the policyholder, and that, subject to due proof of loss, all accrued benefits payable under the policy for loss of time will be paid not less frequently than monthly during the continuance of the period for which the insurer is liable, and that any balance remaining unpaid at the termination of such period will be paid immediately upon receipt of such proof.

(6) A provision that the insurer at its own expense, shall have the right and opportunity to examine the person of the injured or sick individual when and so often as it may reasonably require during the pendency of claim under the policy and also the right and opportunity to make an autopsy where it is not prohibited by law.

(7) A provision that no action at law or in equity shall be brought to recover under the policy prior to the expiration of sixty (60) days after written proof of loss has been furnished in accordance with the requirements of the policy and that no such action shall be brought after the expiration of three (3) years after the time written proof of loss is required to be furnished.

The insurer may omit from a policy any portion of any of the above provisions which is not applicable to that policy. An individual application need not be required from a person covered under a blanket accident and sickness policy, nor shall it be necessary for the insurer to furnish each person a certificate.

(c) All benefits under any blanket accident and sickness policy shall be payable to the person insured, or to the insured's designated beneficiary or beneficiaries, or to the insured's estate, except that if the person insured be a minor or otherwise not competent to give a valid release, such benefits may be made payable to the insured's parent, guardian, or other person actually supporting the insured. However, the policy may provide in substance that all or any portion of any benefits provided by any such policy on account of hospital, nursing, medical, or surgical services may, at the option of the insurer and unless the insured requests otherwise in writing not later than the time of filing proofs of such loss, be paid directly to the hospital or person rendering such services; but, the policy may not require that the service be rendered by a particular hospital or person. Payment so made shall discharge the insurer's obligations with respect to the amount of insurance so paid.

(d) This section applies only to policies delivered or issued for delivery in Indiana after August 19, 1975.

Formerly: Acts 1975, P.L.281, SEC.2. As amended by P.L.5-1988, SEC.146; P.L.21-1991, SEC.24; P.L.162-2001, SEC.3; P.L.136-2018, SEC.198.
Ind. Code § 27-1-40-2 — Indiana Code / Title 27 / Article 1 / Chapter 40 / Section 27-1-40-2
"United States branch"
Status: in_force

Sec. 2. As used in this chapter, "United States branch" means:

(1) an entity that is considered, for purposes of this chapter, to be a domestic company through which insurance business is transacted in the United States by an alien company; and

(2) the alien company's assets and liabilities that are attributable to the insurance business transacted in the United States.

As added by P.L.173-2007, SEC.20.
Ind. Code § 27-1-3-36 — Indiana Code / Title 27 / Article 1 / Chapter 3 / Section 27-1-3-36
Partnerships and joint ventures; prior authorization
Status: in_force

Sec. 36. (a) As used in this section, "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.

(b) The department may enter into partnerships and joint ventures to encourage best practices in the appropriate and effective use of prior authorization in health care.

As added by P.L.215-2025, SEC.46.
Ind. Code § 27-2-19-9 — Indiana Code / Title 27 / Article 2 / Chapter 19 / Section 27-2-19-9
Conflict of laws
Status: in_force

Sec. 9. For the purpose of insurance fraud investigation, if another provision in Indiana law regarding the release or receipt of information conflicts with this chapter, this chapter governs and controls.

As added by P.L.187-1996, SEC.1.
Ind. Code § 27-16-7-1 — Indiana Code / Title 27 / Article 16 / Chapter 7 / Section 27-16-7-1
Requirements of co-employment relationships
Status: in_force

Sec. 1. Except as provided in a professional employer agreement, the following apply to a co-employment relationship:

(1) The client:

(A) may exercise and enforce all rights; and

(B) is obligated to perform all duties and responsibilities;

that otherwise apply to an employer in an employment relationship, that are allocated to the client by the professional employer agreement and this article, and that are not specifically allocated to the PEO by the professional employer agreement and this article.

(2) The PEO:

(A) may exercise and enforce only the rights; and

(B) is obligated to perform only the duties and responsibilities;

that are required of the PEO or specifically allocated to the PEO by this article and the professional employer agreement.

(3) Unless otherwise expressly agreed by the PEO and the client in the professional employer agreement, the client retains the exclusive right to direct and control the covered employees as necessary to:

(A) conduct the client's business;

(B) discharge the client's fiduciary responsibilities; or

(C) comply with licensure requirements that apply to the client or the covered employees.

As added by P.L.245-2005, SEC.7.
Ind. Code § 27-2-19-8 — Indiana Code / Title 27 / Article 2 / Chapter 19 / Section 27-2-19-8
Obtaining medical records and reports in claims for bodily injury
Status: in_force

Sec. 8. (a) A law enforcement agency, insurer, or governmental agency who has obtained the names and addresses of a claimant's medical providers under section 6(b) of this chapter may obtain the claimant's medical records and medical reports from any other law enforcement agency, insurer, or governmental agency:

(1) with the prior authorization or release of the injured claimant; or

(2) without the prior authorization or release of the injured claimant if:

(A) there is a reasonable belief that the mere request for authorization or a release will hinder a fraud investigation; and

(B) a verified application is presented to the circuit court, superior court, or probate court in the county where the application or claim is presented that sets forth:

(i) probable cause for the need to obtain the medical records and medical reports and medical related information contained in the medical records and medical reports without obtaining the proper release or authorization; and

(ii) the specific medical records and medical reports and medical related information contained in the medical records and medical reports requested.

(b) The court, upon review of the information presented in subsection (a), may issue an order authorizing the law enforcement agency, insurer, or governmental agency to release the medical records and medical reports and the medical related information contained in the medical records and reports requested.

As added by P.L.187-1996, SEC.1. Amended by P.L.84-2016, SEC.118.
Ind. Code § 27-1-26-1 — Indiana Code / Title 27 / Article 1 / Chapter 26 / Section 27-1-26-1
Definitions
Status: in_force

Sec. 1. As used in this chapter:

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

(b) "Company" or "insurer" means a life or health insurance company, fraternal benefit society, prepaid health plan, dental care plan, vision care plan, pharmaceutical plan, health maintenance organization, and all similar type organizations.

(c) "Department" refers to the insurance department.

(d) "Policy" or "policy form" means:

(1) Any policy, contract, plan, or agreement of life or health insurance, including credit life insurance and credit health insurance, to be issued in Indiana by a company subject to this chapter.

(2) Any certificate, contract, or policy issued by a fraternal benefit society.

(3) Any certificate issued under a group insurance policy to be issued for delivery in Indiana.

(e) "Text" means all printed matter except the following:

(1) The name and address of the insurer.

(2) The name, number, or title of the policy.

(3) The table of contents or index.

(4) Captions and subcaptions.

(5) Specification pages.

(6) Schedules or tables.

(7) Language that is drafted to conform to the requirements of federal law, regulation, or federal agency interpretation.

(8) Language required by a collectively bargained agreement.

(9) Medical terminology.

(10) Words that are defined in the policy.

As added by Acts 1981, P.L.245, SEC.1.
Ind. Code § 27-1-37.1-3 — Indiana Code / Title 27 / Article 1 / Chapter 37.1 / Section 27-1-37.1-3
"Person"
Status: in_force

Sec. 3. (a) As used in this chapter, "person" means an individual, an agency, a political subdivision, a partnership, a corporation, an association, or any other entity that enters into a health provider contract with a provider.

(b) The term does not include a health care provider described in IC 16-18-2-163(a)(1), IC 16-18-2-163(a)(2), IC 16-18-2-163(a)(3), or IC 16-18-2-163(a)(4).

As added by P.L.196-2001, SEC.1.
Ind. Code § 27-8-29-24 — Indiana Code / Title 27 / Article 8 / Chapter 29 / Section 27-8-29-24
Rules
Status: in_force

Sec. 24. The department may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.66-2001, SEC.3 and P.L.203-2001, SEC.14.
Ind. Code § 27-1-24.5-25 — Indiana Code / Title 27 / Article 1 / Chapter 24.5 / Section 27-1-24.5-25
Contract holder's right to audit; disclosure of data; amounts paid; consideration
Status: in_force

Sec. 25. (a) A contract holder may, one (1) time in a calendar year and not earlier than six (6) months following a previously requested audit, request an audit of compliance with the contract. If requested by the contract holder, the audit shall include full disclosure of the following data specific to the contract holder:

(1) Rebate amounts secured on prescription drugs, whether product specific or general rebates, that were provided by a pharmaceutical manufacturer. The information provided under this subdivision must identify the prescription drugs by therapeutic category.

(2) Pharmaceutical and device claims received by the pharmacy benefit manager on any of the following:

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

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

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

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

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

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

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

(3) Pharmaceutical and device claims payments or electronic funds transfer or remittance advice notices provided by the pharmacy benefit manager as ASC X12N 835 files or a successor format. The files may be modified as necessary to comply with the federal Health Insurance Portability and Accountability Act (HIPAA) (P.L. 104-191). In the event that paper claims are provided, the pharmacy benefit manager shall convert the paper claims to the ASC X12N 835 electronic format or a successor format.

(4) Any other revenue and fees derived by the pharmacy benefit manager from the contract, including all direct and indirect remuneration from pharmaceutical manufacturers regardless of whether the remuneration is classified as a rebate, fee, or another term.

(b) A pharmacy benefit manager may not impose the following:

(1) Fees for:

(A) requesting an audit under this section; or

(B) selecting an auditor other than an auditor designated by the pharmacy benefit manager.

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

(A) time period of the audit;

(B) number of claims analyzed;

(C) type of analysis conducted;

(D) data elements used in the analysis; or

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

(i) does not have a conflict of interest;

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

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

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

(c) A pharmacy benefit manager shall disclose, upon request from a contract holder, to the contract holder the actual amounts directly or indirectly paid by the pharmacy benefit manager to the pharmacist or pharmacy for the drug and for pharmacist services related to the drug.

(d) A pharmacy benefit manager shall provide notice to a contract holder contracting with the pharmacy benefit manager of any consideration, including direct or indirect remuneration, that the pharmacy benefit manager receives from a pharmaceutical manufacturer or group purchasing organization for formulary placement or any other reason.

(e) The commissioner may establish a procedure to release information from an audit performed by the department to a contract holder that has requested an audit under this section in a manner that does not violate confidential or proprietary information laws.

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

(g) A pharmacy benefit manager shall:

(1) obtain any information requested in an audit under this section from a group purchasing organization or other partner entity of the pharmacy benefit manager; and

(2) provide claims data to the contract holder not later than fifteen (15) business days after the information or claims data is requested.

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

As added by P.L.68-2020, SEC.1. Amended by P.L.32-2021, SEC.81; P.L.152-2024, SEC.12; P.L.216-2025, SEC.40; P.L.186-2025, SEC.294; P.L.215-2025, SEC.47.
Ind. Code § 27-1-3-23 — Indiana Code / Title 27 / Article 1 / Chapter 3 / Section 27-1-3-23
Civil actions; substantial justification
Status: in_force

Sec. 23. (a) For the purposes of this section, a party is "substantially justified" in initiating a civil action if the action had a reasonable basis in law or fact at the time the action was initiated.

(b) If:

(1) a person or entity referred to in section 22(d) of this chapter, or an employee or agent of a person or entity referred to in section 22(d), is the prevailing party in a civil action for libel, slander, or any other relevant tort arising out of the filing of a report or the furnishing of information under section 22(d) of this chapter; and

(2) the party who initiated the action was not substantially justified in initiating the action;

the person, entity, employee, or agent referred to in subdivision (1) is entitled to an award of attorney's fees and costs.

As added by P.L.121-1992, SEC.2. Amended by P.L.86-2026, SEC.2.
Ind. Code § 27-2-25-0.5 — Indiana Code / Title 27 / Article 2 / Chapter 25 / Section 27-2-25-0.5
Provision of information by health benefit plans
Status: in_force

Sec. 0.5. Nothing in this chapter prohibits:

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

(2) a:

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

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

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

As added by P.L.93-2020, SEC.13.
Ind. Code § 27-1-16.1-15 — Indiana Code / Title 27 / Article 1 / Chapter 16.1 / Section 27-1-16.1-15
Violations
Status: in_force

Sec. 15. (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 self-storage facility or an employee or authorized representative of a self-storage facility violates this chapter, the commissioner may do any of the following:

(1) After notice and hearing, impose on the self-storage facility a civil penalty of at least 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 self-storage insurance under this chapter at specific self-storage facility locations where violations have occurred; and

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

As added by P.L.81-2013, SEC.3.
Ind. Code § 27-8-8-17 — Indiana Code / Title 27 / Article 8 / Chapter 8 / Section 27-8-8-17
Refunds from association
Status: in_force

Sec. 17. (a) Sums acquired by refund under section 6(n) of this chapter from the association by member insurers and offset against taxes as provided by section 16 of this chapter shall be paid by the member insurers to the state in the manner required by the tax authorities.

(b) The association shall notify the commissioner when refunds under section 6 of this chapter have been made.

As added by Acts 1978, P.L.129, SEC.3. Amended by P.L.193-2006, SEC.30; P.L.10-2019, SEC.115.
Ind. Code § 27-13-8-1.5 — Indiana Code / Title 27 / Article 13 / Chapter 8 / Section 27-13-8-1.5
Preparation of annual statement
Status: in_force

Sec. 1.5. (a) Each health maintenance organization authorized to conduct business in Indiana and required to file an Annual Statement Blank with the department under this chapter shall prepare the health maintenance organization's statement:

(1) on the Annual Statement Blank;

(2) in accordance with Annual Statement Instructions; and

(3) following practices and procedures prescribed by the Accounting Practices and Procedures Manual.

(b) To the extent that the Annual Statement Instructions require disclosure under subsection (a) of compensation paid to or on behalf of a health maintenance organization's officers, directors, or employees, the information may be filed with the department as an exhibit separate from the Annual Statement Blank. The compensation information described under this subsection shall be maintained by the department as confidential and may not be disclosed to the public under IC 5-14-3.

As added by P.L.203-2001, SEC.20. Amended by P.L.124-2018, SEC.91.
Ind. Code § 27-2-23-10.2 — Indiana Code / Title 27 / Article 2 / Chapter 23 / Section 27-2-23-10.2
"Retained asset account"
Status: in_force

Sec. 10.2. As used in this chapter, "retained asset account" refers to a retained asset account that is issued in Indiana after June 30, 2015.

As added by P.L.166-2015, SEC.4.
Ind. Code § 27-4-1-1 — Indiana Code / Title 27 / Article 4 / Chapter 1 / Section 27-4-1-1
Purpose
Status: in_force

Sec. 1. The purpose of this chapter is to regulate the trade practices in the business of insurance, in accordance with the intent of Congress as expressed in 15 U.S.C. 1011 et seq., by defining, or providing for the determination of, all such practices which constitute in this state unfair methods of competition and unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined.

Formerly: Acts 1947, c.112, s.1. As amended by P.L.252-1985, SEC.144.
Ind. Code § 27-1-36-7 — Indiana Code / Title 27 / Article 1 / Chapter 36 / Section 27-1-36-7
"Corrective order"
Status: in_force

Sec. 7. As used in this chapter, "corrective order" means an order issued by the commissioner that specifies the corrective actions that the commissioner determines are required.

As added by P.L.186-1996, SEC.1.
Ind. Code § 27-2-27-32 — Indiana Code / Title 27 / Article 2 / Chapter 27 / Section 27-2-27-32
Affirmative defense
Status: in_force

Sec. 32. (a) A licensee that satisfies the requirements of this chapter is entitled to an affirmative defense to any cause of action sounding in tort that:

(1) is brought under the laws or in the courts of this state; and

(2) alleges that the failure to implement reasonable information security controls resulted in a data breach concerning nonpublic information.

(b) The affirmative defense available under this section does not limit any other affirmative defenses available to a licensee.

As added by P.L.130-2020, SEC.10.
Ind. Code § 27-9-3-39 — Indiana Code / Title 27 / Article 9 / Chapter 3 / Section 27-9-3-39
Valuation of security held by secured creditor
Status: in_force

Sec. 39. (a) The value of any security held by a secured creditor shall be determined in one (1) of the following ways, as the Marion County circuit court may direct:

(1) By converting the security into money according to the terms of the agreement under which the security was delivered to the creditors.

(2) By agreement, arbitration, compromise, or litigation between the creditor and the liquidator.

(b) The valuation determination shall be under the supervision and control of the Marion County circuit court with due regard for the recommendation of the liquidator. The amount determined shall be credited upon the secured claim, and any deficiency shall be treated as an unsecured claim. If the claimant surrenders his security to the liquidator, the entire claim shall be allowed as if unsecured.

As added by Acts 1979, P.L.255, SEC.1.
Ind. Code § 27-13-7-14.8 — Indiana Code / Title 27 / Article 13 / Chapter 7 / Section 27-13-7-14.8
Treatment limitations or financial requirements on coverage of services for mental illness
Status: in_force

Sec. 14.8. (a) As used in this section, "coverage of services for a mental illness" includes the services defined under the contract with the health maintenance organization. However, the term does not include services for the treatment of substance abuse or chemical dependency.

(b) This section applies to a group or individual contract with a health maintenance organization that:

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

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

(c) This section does not apply to a legal business entity that has obtained an exemption under IC 27-8-5-15.7.

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

(e) A health maintenance organization that enters into an individual contract or a group contract that provides coverage of services for the treatment of substance abuse and chemical dependency when the services are required in the treatment of a mental illness shall offer to provide the coverage without treatment limitations or financial requirements if similar limitations or requirements are not imposed on the coverage of services for other medical or surgical conditions.

(f) This section does not require a group or individual contract with a health maintenance organization to offer mental health benefits.

As added by P.L.42-1997, SEC.3. Amended by P.L.81-1999, SEC.5; P.L.226-2003, SEC.2.
Ind. Code § 27-1-26-2 — Indiana Code / Title 27 / Article 1 / Chapter 26 / Section 27-1-26-2
Policies and forms not subject to chapter
Status: in_force

Sec. 2. (a) This chapter does not apply to:

(1) A policy that is security subject to federal jurisdiction.

(2) A group policy, other than a group credit life insurance policy or a group credit health insurance policy.

(3) A group annuity contract that serves as a funding vehicle for pension, profit-sharing, or deferred compensation plans.

(4) A form used in connection with a policy issued for delivery on a form approved or permitted to be issued for delivery in Indiana.

As added by Acts 1981, P.L.245, SEC.1.
Ind. Code § 27-1-1.5-16 — Indiana Code / Title 27 / Article 1 / Chapter 1.5 / Section 27-1-1.5-16
"Financial Condition Examiner's Handbook"
Status: in_force

Sec. 16. "Financial Condition Examiner's Handbook" refers to the document entitled "Financial Condition Examiner's Handbook" 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 § 27-1-20-34 — Indiana Code / Title 27 / Article 1 / Chapter 20 / Section 27-1-20-34
Repealed
Status: repealed

As added by P.L.268-1999, SEC.10. Repealed by P.L.193-2006, SEC.33.
Ind. Code § 27-8-5.6-3 — Indiana Code / Title 27 / Article 8 / Chapter 5.6 / Section 27-8-5.6-3
Payment of specific premium; notification of birth
Status: in_force

Sec. 3. If payment of a specific premium or subscription fee is required to provide coverage for a child, the policy or contract may require that notification of birth of a newly born child and payment of the required premium or fees must be furnished to the insurer or nonprofit service or indemnity corporation within thirty-one (31) days after the date of birth in order to have the coverage continue beyond the thirty-one (31) day period.

Formerly: Acts 1975, P.L.282, SEC.1.
Ind. Code § 27-4-10-6 — Indiana Code / Title 27 / Article 4 / Chapter 10 / Section 27-4-10-6
"Health insurer"
Status: in_force

Sec. 6. As used in this chapter, "health insurer" means an entity or person that issues a health insurance plan.

As added by P.L.31-2021, SEC.4.
Ind. Code § 27-1-24.5-10 — Indiana Code / Title 27 / Article 1 / Chapter 24.5 / Section 27-1-24.5-10
"Pharmacist services"
Status: in_force

Sec. 10. As used in this chapter, "pharmacist services" means products, goods, and services provided as part of the practice of pharmacy.

As added by P.L.68-2020, SEC.1.
Ind. Code § 27-1-3.5-3.2 — Indiana Code / Title 27 / Article 1 / Chapter 3.5 / Section 27-1-3.5-3.2
"Internal audit function"
Status: in_force

Sec. 3.2. As used in this chapter, "internal audit function" means a process that provides independent, objective, and reasonable assurance that is designed to:

(1) add value to and improve a domestic insurer's or group of insurers' operations; and

(2) accomplish the domestic insurer's or group of insurers' objectives;

through introduction of a systematic, disciplined approach to the evaluation and improvement of the effectiveness of risk management, control, and governance processes.

As added by P.L.146-2015, SEC.6.
Ind. Code § 27-16-6-2 — Indiana Code / Title 27 / Article 16 / Chapter 6 / Section 27-16-6-2
Calculation of positive working capital
Status: in_force

Sec. 2. An instrument or cash described in section 1(a)(2) of this chapter must not be included in the calculation of the positive working capital described in section 1(a)(1) of this chapter.

As added by P.L.245-2005, SEC.7. Amended by P.L.11-2011, SEC.45.
Ind. Code § 27-1-3-1 — Indiana Code / Title 27 / Article 1 / Chapter 3 / Section 27-1-3-1
Exemption from individual liability
Status: in_force

Sec. 1. Neither the insurance commissioner nor the several officers and employees of the department shall be liable, in their individual capacity, except to the state of Indiana, for any act done or omitted in connection with the performance of their respective duties under the provisions of this article.

Formerly: Acts 1935, c.162, s.8. As amended by P.L.252-1985, SEC.5.
Ind. Code § 27-6-8-18 — Indiana Code / Title 27 / Article 6 / Chapter 8 / Section 27-6-8-18
Records of insolvent insurers; access; copies
Status: in_force

Sec. 18. The liquidator, receiver, or statutory successor of an insolvent insurer covered by this chapter shall permit access by the board or its authorized representative to such of the insolvent insurers records which are necessary for the board in carrying out its functions under this chapter with regard to covered claims. In addition, the liquidator, receiver, or statutory successor shall provide the board or its representative with copies of such records upon the request by the board and at the expense of the board.

Formerly: Acts 1971, P.L.390, SEC.1; Acts 1973, P.L.279, SEC.3.
Ind. Code § 27-13-3-1.5 — Indiana Code / Title 27 / Article 13 / Chapter 3 / Section 27-13-3-1.5
Approval of certificate of authority
Status: in_force

Sec. 1.5. (a) Except as provided in subsection (b), a completed application for a certificate of authority is considered approved one hundred twenty (120) days after the completed application is submitted to the commissioner.

(b) If the commissioner issues an order under IC 27-13-24-3(b) within one hundred twenty (120) days after a completed application is submitted under subsection (a), the review and processing of the application are subject to IC 27-13-24-3 and IC 27-13-24-4.

As added by P.L.195-1996, SEC.4.
Ind. Code § 27-8-10-2.3 — Indiana Code / Title 27 / Article 8 / Chapter 10 / Section 27-8-10-2.3
Reporting requirements
Status: in_force

Sec. 2.3. (a) A member shall, not later than October 31 of each year, certify an independently audited report to the:

(1) association;

(2) legislative council; and

(3) department of insurance;

of the amount of tax credits taken against assessments by the member under section 2.1 (as in effect December 31, 2004) or 2.4 of this chapter during the previous calendar year. A report certified under this section to the legislative council must be in an electronic format under IC 5-14-6.

(b) A member shall, not later than October 31 of each year, certify an independently audited report to the association of the amount of assessments paid by the member against which a tax credit has not been taken under section 2.1 (as in effect December 31, 2004) or 2.4 of this chapter as of the date of the report.

As added by P.L.167-2002, SEC.1. Amended by P.L.28-2004, SEC.168; P.L.51-2004, SEC.3; P.L.2-2005, SEC.72; P.L.1-2006, SEC.488.
Ind. Code § 27-13-1-8 — Indiana Code / Title 27 / Article 13 / Chapter 1 / Section 27-13-1-8
"Copayment"
Status: in_force

Sec. 8. "Copayment" means an amount, or a percentage of the charge, that an enrollee must pay to receive a specific service that is not fully prepaid.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-13-34-19 — Indiana Code / Title 27 / Article 13 / Chapter 34 / Section 27-13-34-19
Annual reports; additional reports
Status: in_force

Sec. 19. (a) On or before March 1 of each year, a limited service health maintenance organization shall file with the commissioner a report that covers the preceding calendar year. The report must be:

(1) made on forms prescribed by the commissioner; and

(2) verified by at least two (2) principal officers of the limited service health maintenance organization.

(b) In addition to the report required by subsection (a), a limited service health maintenance organization shall file with the commissioner on or before June 1 of each year an audited financial statement of the limited service health maintenance organization for the preceding calendar year.

(c) The commissioner may require any additional reports necessary to enable the commissioner to carry out the duties of the commissioner under this chapter.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-1-7-19 — Indiana Code / Title 27 / Article 1 / Chapter 7 / Section 27-1-7-19
Mutual or stock companies; borrowing for surplus funds
Status: in_force

Sec. 19. (a) A mutual or stock company organized under this article may borrow or assume a liability for the repayment of a sum of money to provide itself with surplus funds with the prior approval of the department. The rate of interest on any loan or advance may not exceed the following:

(1) The corporate base rate in effect on the first business day of the month in which the loan document is executed, as reported by the bank or branch with the greatest amount of assets in Indiana, plus three percent (3%) per annum.

(2) A variable rate determined by a formula that:

(A) is specified in the loan document;

(B) is based on objective data or information that is reasonably related to commercial lending rates;

(C) provides an initial rate that is not more than the corporate base rate in effect on the first business day of the month in which the loan document is executed, as reported by the bank or branch with the greatest amount of assets in Indiana, plus two percent (2%) per annum; and

(D) is approved by the department as reasonable and appropriate in relation to the company's financial condition.

The company shall elect and state in the written agreement whether the interest rate is to be fixed or floating for the term of the agreement. The agreement shall be submitted to and approved by the department before the agreement's execution.

(b) The loan or advance, with interest at a rate not exceeding the maximum rate of interest as defined in subsection (a), shall be repaid only out of the surplus of the company. Repayment of principal or payment of interest may be made only when approved by the department whenever in its judgment the financial condition of the company shall warrant. However, the department may not withhold approval if:

(1) the company has and submits to the department satisfactory evidence that a surplus that is equal to or greater than the surplus existing immediately after the issuance of the loan or advance will exist after the repayment; and

(2) the surplus that will exist immediately after repayment of principal or payment of interest is:

(A) reasonable in relation to the company's outstanding liabilities; and

(B) adequate to the company's financial needs;

in light of the factors set forth in IC 27-1-23-4(f).

(c) A loan or advance made under this section, or interest accruing on the loan or advance, may not form a part of the legal liabilities of the company until authorized for payment by the department. However, until a loan or an advance is repaid, all statements published by the company or filed with the department must show the amount of the loan or advance then remaining unpaid, including any accrued and unpaid interest charges.

Formerly: Acts 1935, c.162, s.97. As amended by P.L.138-1984, SEC.1; P.L.253-1985, SEC.1; P.L.184-1996, SEC.1; P.L.111-2000, SEC.1.
Ind. Code § 27-8-34-2 — Indiana Code / Title 27 / Article 8 / Chapter 34 / Section 27-8-34-2
"Health care services"
Status: in_force

Sec. 2. As used in this chapter, "health care services" has the meaning set forth in IC 27-8-11-1.

As added by P.L.185-2015, SEC.25.
Ind. Code § 27-1-13-8.5 — Indiana Code / Title 27 / Article 1 / Chapter 13 / Section 27-1-13-8.5
Rules to prescribe minimum standards for establishment of reserves
Status: in_force

Sec. 8.5. The department shall adopt rules under IC 4-22-2 to prescribe minimum standards for the establishment of reserves as required by the Accounting Practices and Procedures Manual for insurers writing Class 2 and Class 3 lines of business.

As added by P.L.130-1994, SEC.21 and P.L.116-1994, SEC.28. Amended by P.L.124-2018, SEC.33.
Ind. Code § 27-1-29-12 — Indiana Code / Title 27 / Article 1 / Chapter 29 / Section 27-1-29-12
Assessments on members of fund
Status: in_force

Sec. 12. (a) The commission shall impose an assessment to be paid by each member of the fund. The assessments to be paid by members of the fund shall be set in fairness to all members, based upon the uniform application of actuarial principles and underwriters' rating principles. A member shall pay its assessment in accordance with rules of the commission.

(b) The assessment for the first twelve (12) months of a political subdivision's membership in the fund shall be no greater than the payment made by the political subdivision to a commercial insurer for like coverage for the twelve (12) month period immediately preceding the political subdivision's application to become a member. In the case of an applicant not insured by a commercial insurer, the commission shall set the amount of the assessment for the first twelve (12) months of membership in accordance with subsection (a).

As added by P.L.162-1986, SEC.1.
Ind. Code § 27-1-44.6-3 — Indiana Code / Title 27 / Article 1 / Chapter 44.6 / Section 27-1-44.6-3
"Data base"
Status: in_force

Sec. 3. As used in this chapter, "data base" refers to the all payer claims data base established under IC 27-1-44.5.

As added by P.L.195-2021, SEC.12.
Ind. Code § 27-1-16.1-13 — Indiana Code / Title 27 / Article 1 / Chapter 16.1 / Section 27-1-16.1-13
Eligibility and underwriting standards
Status: in_force

Sec. 13. The:

(1) insurer that issues a self-storage insurance policy; or

(2) supervising entity that supervises a self-storage facility with respect to a self-storage insurance policy;

shall establish eligibility and underwriting standards for each self-storage insurance policy that is sold, solicited, or negotiated by a self-storage facility.

As added by P.L.81-2013, SEC.3.
Ind. Code § 27-1-27-7.2 — Indiana Code / Title 27 / Article 1 / Chapter 27 / Section 27-1-27-7.2
Nonresident public adjuster certificate of authority
Status: in_force

Sec. 7.2. (a) Notwithstanding any other provision of this chapter, a nonresident public adjuster who receives a certificate of authority under this chapter shall maintain licensure as a public adjuster in good standing in the nonresident public adjuster's home state.

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

(1) in the commissioner's sole discretion;

(2) without a hearing; and

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

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

As added by P.L.72-2016, SEC.16.
Ind. Code § 27-8-5-28 — Indiana Code / Title 27 / Article 8 / Chapter 5 / Section 27-8-5-28
Coverage of child to 26 years of age
Status: in_force

Sec. 28. A policy of accident and sickness insurance may not be issued, delivered, amended, or renewed unless the policy provides for coverage of a child of the policyholder or certificate holder, upon request of the policyholder or certificate holder, until the date that the child becomes twenty-six (26) years of age.

As added by P.L.218-2007, SEC.48. Amended by P.L.160-2011, SEC.19.
Ind. Code § 27-9-3-38 — Indiana Code / Title 27 / Article 9 / Chapter 3 / Section 27-9-3-38
Claims in name of secured creditors
Status: in_force

Sec. 38. Whenever a creditor whose claim against an insurer is secured, in whole or in part, by the undertaking of another person, fails to prove and file that claim, the other person may do so in the creditor's name, and shall be subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by the other person in the creditor's name, to the extent that he discharges the undertaking. However, in the absence of an agreement with the creditor to the contrary, the other person is not entitled to any distribution until the amount paid to the creditor on the undertaking plus the distributions paid on the claim from the insurer's estate to the creditor equals the amount of the entire claim of the creditor. Any excess received by the creditor shall be held by him in trust for the other person. As used in this section, the term "other person" is not intended to apply to a guaranty association or foreign guaranty association.

As added by Acts 1979, P.L.255, SEC.1.
Ind. Code § 27-8-14.2-4 — Indiana Code / Title 27 / Article 8 / Chapter 14.2 / Section 27-8-14.2-4
Group coverage required
Status: in_force

Sec. 4. (a) An accident and sickness insurance policy that is issued on a group basis must provide coverage for the treatment of an autism spectrum disorder of an insured. Coverage provided under this section is limited to treatment that is prescribed by the insured's treating physician in accordance with a treatment plan. An insurer may not deny or refuse to issue coverage on, refuse to contract with, or refuse to renew, refuse to reissue, or otherwise terminate or restrict coverage on an individual under an insurance policy solely because the individual is diagnosed with an autism spectrum disorder.

(b) The coverage required under this section may not be subject to dollar limits, deductibles, or coinsurance provisions that are less favorable to an insured than the dollar limits, deductibles, or coinsurance provisions that apply to physical illness generally under the accident and sickness insurance policy.

As added by P.L.148-2001, SEC.2. Amended by P.L.188-2013, SEC.22.
Ind. Code § 27-8-5.6-0.1 — Indiana Code / Title 27 / Article 8 / Chapter 5.6 / Section 27-8-5.6-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The amendments made to section 2 of this chapter by P.L.189-1997 apply only to a policy or contract of accident and sickness insurance that is issued or renewed after June 30, 1997.

As added by P.L.220-2011, SEC.436.
Ind. Code § 27-8-14.5-2 — Indiana Code / Title 27 / Article 8 / Chapter 14.5 / Section 27-8-14.5-2
"Insured" defined
Status: in_force

Sec. 2. As used in this chapter, "insured" refers to an individual with:

(1) insulin-using diabetes;

(2) non-insulin using diabetes; or

(3) elevated blood glucose levels induced by pregnancy or another medical condition;

who is covered by a health insurance plan issued by an insurer.

As added by P.L.190-1997, SEC.1.
Ind. Code § 27-7-9-12 — Indiana Code / Title 27 / Article 7 / Chapter 9 / Section 27-7-9-12
Payment to insurer upon receipt of loss report
Status: in_force

Sec. 12. The commissioner shall pay an insurer all amounts due under section 9(a)(4) of this chapter within ninety (90) days after receiving a loss report. The commissioner shall require that each loss report include:

(1) an itemized statement of the damage, repairs made, and the cost of each repair; and

(2) any other documentation the commissioner believes will substantiate the reported loss.

As added by P.L.164-1986, SEC.1.
Ind. Code § 27-13-36.2-4 — Indiana Code / Title 27 / Article 13 / Chapter 36.2 / Section 27-13-36.2-4
Payment or denial of claims; interest
Status: in_force

Sec. 4. (a) A health maintenance organization shall pay or deny each clean claim as follows:

(1) If the claim is filed electronically, not more than thirty (30) days after the date the claim is received by the health maintenance organization.

(2) If the claim is filed on paper, not more than forty-five (45) days after the date the claim is received by the health maintenance organization.

(b) If:

(1) a health maintenance organization fails to pay or deny a clean claim in the time required under subsection (a); and

(2) the health maintenance organization subsequently pays the claim;

the health maintenance organization shall pay the provider that submitted the claim interest on the lesser of the usual, customary, and reasonable charge for the health care services provided to the enrollee or an amount agreed to between the health maintenance organization and the provider paid under this section.

(c) Interest paid under subsection (b):

(1) accrues beginning:

(A) thirty-one (31) days after the date the claim is filed under subsection (a)(1); or

(B) forty-six (46) days after the date the claim is filed under subsection (a)(2); and

(2) stops accruing on the date the claim is paid.

(d) In paying interest under subsection (b), a health maintenance organization shall use the same interest rate as provided in IC 12-15-21-3(7)(A).

As added by P.L.162-2001, SEC.6. Amended by P.L.137-2002, SEC.4.
Ind. Code § 27-1-12.5-4 — Indiana Code / Title 27 / Article 1 / Chapter 12.5 / Section 27-1-12.5-4
Paid-up benefits
Status: in_force

Sec. 4. Any paid-up annuity benefit available under any annuity contract shall be such that its present value on the date annuity payments are to commence is at least equal to the minimum nonforfeiture amount on that date. Such present value shall be computed using the mortality table, if any, and the interest rate specified in the contract for determining the minimum paid-up annuity benefits guaranteed in the contract.

As added by Acts 1977, P.L.286, SEC.1.
Ind. Code § 27-7-12-9 — Indiana Code / Title 27 / Article 7 / Chapter 12 / Section 27-7-12-9
Immunity from civil liability
Status: in_force

Sec. 9. (a) The following persons are immune from civil liability for any communication giving notice of or specifying the reasons for a termination or for any statement made in connection with an attempt to discover or verify the existence of conditions that would be a reason for a termination under this chapter:

(1) Employees of the department of insurance.

(2) An insurer or its authorized representative, agent, or employee.

(3) A licensed insurance producer.

(4) A person furnishing information to an insurer as to reasons for a termination.

(b) This section does not apply to statements made in bad faith with malice in fact.

As added by P.L.203-2001, SEC.10. Amended by P.L.178-2003, SEC.57.
Ind. Code § 27-19-4-5 — Indiana Code / Title 27 / Article 19 / Chapter 4 / Section 27-19-4-5
Navigator application for certification
Status: in_force

Sec. 5. (a) Before acting as a navigator in Indiana, an individual must:

(1) apply for certification as a navigator on a form prescribed by the commissioner; and

(2) declare, under penalty of denial, suspension, or revocation of the certification, that the statements made in the application are true, correct, and complete to the best of the individual's knowledge and belief.

(b) Before approving an application submitted under subsection (a), the commissioner shall determine whether the individual meets the following requirements:

(1) The individual is at least eighteen (18) years of age.

(2) The individual has not committed any act described in section 3 of this chapter that would be grounds for denial, suspension, or revocation of certification.

(3) The individual has completed a precertification course of study prescribed by the commissioner.

(4) The individual has paid the nonrefundable fee established under section 7 of this chapter.

(5) The individual has successfully passed the examination required by section 11 of this chapter.

As added by P.L.278-2013, SEC.27.
Ind. Code § 27-5.1-1-10 — Indiana Code / Title 27 / Article 5.1 / Chapter 1 / Section 27-5.1-1-10
"Person"
Status: in_force

Sec. 10. "Person" means an individual or a business entity.

As added by P.L.129-2003, SEC.8.
Ind. Code § 27-1-52-13 — Indiana Code / Title 27 / Article 1 / Chapter 52 / Section 27-1-52-13
Prohibition on downcoding in targeted or discriminatory manner
Status: in_force

Sec. 13. An insurer may not downcode in a targeted or discriminatory manner against providers that routinely treat patients with complex or chronic conditions.

As added by P.L.88-2026, SEC.6.
Ind. Code § 27-1-43.2-9 — Indiana Code / Title 27 / Article 1 / Chapter 43.2 / Section 27-1-43.2-9
"Warranty"
Status: in_force

Sec. 9. As used in this chapter, "warranty" means a guarantee that:

(1) is made:

(A) solely by the manufacturer, importer, or seller of property or services; and

(B) without consideration;

(2) is not negotiated or separated from the sale of the property or services;

(3) is incidental to the sale of the property or services; and

(4) the person making the guarantee will indemnify the warranty holder for:

(A) defective parts;

(B) mechanical or electrical failure;

(C) labor; or

(D) other remedial measures, including repair or replacement of the property or repetition of services.

As added by P.L.129-2014, SEC.10.
Ind. Code § 27-11-1-3 — Indiana Code / Title 27 / Article 11 / Chapter 1 / Section 27-11-1-3
"Benefit contract" defined
Status: in_force

Sec. 3. "Benefit contract" means the agreement for provision of benefits authorized by IC 27-11-6-1, as that agreement is described in IC 27-11-6-4.

As added by P.L.262-1985, SEC.1.
Ind. Code § 27-8-16-4.5 — Indiana Code / Title 27 / Article 8 / Chapter 16 / Section 27-8-16-4.5
"Person" defined
Status: in_force

Sec. 4.5. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a partnership, or an unincorporated association.

As added by P.L.260-1995, SEC.3.
Ind. Code § 27-1-1.5-14 — Indiana Code / Title 27 / Article 1 / Chapter 1.5 / Section 27-1-1.5-14
"Diagnostic and Statistical Manual of Mental Disorders"; "DSM"
Status: in_force

Sec. 14. "Diagnostic and Statistical Manual of Mental Disorders" or "DSM" refers to the document entitled "Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association" that is in effect on January 1, 2018.

As added by P.L.124-2018, SEC.1.
Ind. Code § 27-1-12.8-21 — Indiana Code / Title 27 / Article 1 / Chapter 12.8 / Section 27-1-12.8-21
Annual submission of qualified actuary opinion; requirements
Status: in_force

Sec. 21. (a) This section applies before the operative date of the valuation manual.

(b) A company doing business in Indiana shall annually submit to the department the opinion of a qualified actuary concerning whether the reserves and related actuarial items held by the company in support of the contracts specified by the commissioner in rules adopted under IC 4-22-2:

(1) are computed appropriately;

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

(3) are consistent with previously reported amounts; and

(4) comply with applicable laws of the state.

(c) The commissioner shall adopt rules under IC 4-22-2 to implement this section. The rules adopted by the commissioner:

(1) must specify the information to be included in an actuary's opinion submitted under this section;

(2) may require the inclusion in the opinion of other items of information that the commissioner considers necessary to the scope of the opinion; and

(3) must provide for disciplinary action against a company or a qualified actuary that violates this section.

(d) Unless exempted by a rule adopted by the commissioner under IC 4-22-2, a company doing business in Indiana shall include with the actuary's opinion submitted under subsection (b) an opinion by the same qualified actuary stating whether the reserves and related actuarial items held by the company in support of the contracts specified by the commissioner in rules adopted under IC 4-22-2 make adequate provision for the obligations of the company under the contracts, including:

(1) the benefits under;

(2) the expenses associated with; and

(3) any other obligations under;

the contracts of the company. In making the determination required under this subsection, the qualified actuary shall consider the assets held by the company with respect to reserves and related actuarial items, including investment earnings on the assets and the considerations anticipated to be received and retained under the contracts.

(e) The commissioner, in rules adopted under IC 4-22-2, may provide for a transition period to establish higher reserves considered necessary by the qualified actuary to render the opinion required by this section.

(f) The following requirements apply to an actuary's opinion required by subsection (d):

(1) A memorandum that meets all requirements established by the commissioner in rules adopted under IC 4-22-2 concerning form and content 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 by rules adopted by the commissioner under IC 4-22-2; or

(B) the commissioner determines that the supporting memorandum provided by the company does not meet the standards set forth in rules adopted by the commissioner under IC 4-22-2 or is otherwise unacceptable to the commissioner;

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

(g) The following apply to an actuarial opinion submitted under this section:

(1) The opinion must:

(A) be submitted with the annual statement of the company; and

(B) reflect the valuation of reserves for each year ending after December 31, 1994.

(2) The opinion must:

(A) apply to all business in force, including individual and group accident and sickness insurance contracts; and

(B) meet all requirements concerning form and content established by the commissioner in rules adopted under IC 4-22-2.

(3) The opinion must be based on:

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

(B) additional standards prescribed by the commissioner in rules adopted under IC 4-22-2.

(4) 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 foreign or alien 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.

(h) Except in cases of fraud or willful misconduct, a qualified actuary who provides an opinion required by this section is not liable for damages to a person other than:

(1) the company for which the opinion is offered; and

(2) the commissioner;

for any act, error, omission, decision, or conduct with respect to the actuary's opinion.

As added by P.L.276-2013, SEC.10.
Ind. Code § 27-1-12-3 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-3
Real estate
Status: in_force

Sec. 3. Any domestic life insurance company shall have power to acquire, hold and convey real estate as described below, and no other:

1. The building in which it has its principal office and the land on which it stands;

2. Such as shall be necessary for the convenient transaction of its business;

3. Such as shall have been acquired for the accommodation of its business;

4. Such as shall have been mortgaged to it in good faith by way of security for loans previously contracted or for money due;

5. Such as shall have been conveyed to it in connection with its investments in real estate contracts or its investments in real estate under lease or for the purpose of leasing or developing in accordance with paragraph 8 of section 2 of this chapter or such as shall have been acquired for the purpose of investment under paragraph 20 of section 2(b) of this chapter. Any real estate acquired under paragraph 20 of section 2(b) of this chapter shall be evaluated for statement purposes in a manner satisfactory to the department.

6. Such as shall have been conveyed to it in satisfaction of debts previously contracted in the course of its dealings, or in exchange for real estate so conveyed to it; and

7. Such as it shall have purchased at sales on judgments, decrees or mortgages obtained or made for such debts.

All such real estate specified in paragraphs (3), (4), (5), (6), and (7) of this section, which shall not be necessary for the convenient transaction of its business, and which is not held under paragraphs 7, 8 or 20 of section 2(b) of this chapter, shall be sold by the life insurance company and disposed of within ten (10) years after it shall have acquired the title to same, or within five (5) years after the same shall have ceased to be necessary for the accommodation of its business, unless the company procures the certificate of the commissioner that its interests will suffer materially by a forced sale thereof, in which event the time for the sale may be extended to such time as the commissioner shall direct in such certificate.

Formerly: Acts 1935, c.162, s.148; Acts 1945, c.175, s.2; Acts 1951, c.24, s.1. As amended by Acts 1981, P.L.236, SEC.3; P.L.186-1997, SEC.5.
Ind. Code § 27-1-3-28 — Indiana Code / Title 27 / Article 1 / Chapter 3 / Section 27-1-3-28
Department of insurance fund; establishment; deposits
Status: in_force

Sec. 28. (a) The department of insurance fund is established for the following purposes:

(1) To provide supplemental funding for the operations of the department of insurance.

(2) To pay the costs of hiring and employing staff.

(3) To enable the department of insurance to maintain accreditation by the National Association of Insurance Commissioners.

(4) To carry out any other purpose determined necessary by the department of insurance to carry out the department's duties under this title.

(b) The fund shall be administered by the commissioner. The following shall be deposited in the department of insurance fund:

(1) Audit fees remitted by insurers to the commissioner under section 15(d) of this chapter.

(2) Filing fees remitted by insurers to the commissioner under section 15(a) or 15(e) of this chapter.

(3) Any other amounts remitted to the commissioner or the department that are required by rule or statute to be deposited into the department of insurance fund.

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

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

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

(f) There is annually appropriated to the department of insurance, for the purposes set forth in subsection (a), the entire amount of money deposited in the fund in each year.

As added by P.L.130-1994, SEC.7 and P.L.116-1994, SEC.11. Amended by P.L.252-1995, SEC.1; P.L.91-1998, SEC.4; P.L.173-2007, SEC.7; P.L.234-2007, SEC.189; P.L.100-2012, SEC.65.
Ind. Code § 27-1-37.3-1 — Indiana Code / Title 27 / Article 1 / Chapter 37.3 / Section 27-1-37.3-1
Application of definitions
Status: in_force

Sec. 1. Unless otherwise specified in this chapter, the definitions in IC 27-8-11-1 apply throughout this chapter.

As added by P.L.55-2008, SEC.1.
Ind. Code § 27-1-15.6-3 — Indiana Code / Title 27 / Article 1 / Chapter 15.6 / Section 27-1-15.6-3
Required licensing
Status: in_force

Sec. 3. (a) A person shall not sell, solicit, or negotiate insurance in Indiana for any class or classes of insurance unless the person is licensed for that line of authority under this chapter.

(b) An insurer shall require a person who sells, solicits, or negotiates insurance in Indiana by any means of communication on behalf of the insurer to be licensed under this chapter.

(c) A violation of subsection (b) is deemed an unfair method of competition and an unfair and deceptive act and practice in the business of insurance under IC 27-4-1-4.

As added by P.L.132-2001, SEC.3.
Ind. Code § 27-1-12.1-15 — Indiana Code / Title 27 / Article 1 / Chapter 12.1 / Section 27-1-12.1-15
Rules
Status: in_force

Sec. 15. (a) The commissioner may adopt rules under IC 4-22-2 to implement this chapter.

(b) The rules adopted under subsection (a) may specify the following concerning limited purpose subsidiaries:

(1) Requirements for reserves, including actuarial certification.

(2) Requirements for securities.

(3) Authorized investments.

(4) Requirements with respect to reinsurance ceded or assumed by the limited purpose subsidiary.

(5) Requirements for dividends and distributions.

(6) Requirements for operations.

(7) Conditions of, forms for, and approval of the financing of a limited purpose subsidiary.

As added by P.L.11-2011, SEC.7. Amended by P.L.115-2011, SEC.6; P.L.93-2024, SEC.194.
Ind. Code § 27-1-3.5-18 — Indiana Code / Title 27 / Article 1 / Chapter 3.5 / Section 27-1-3.5-18
British or Canadian insurers
Status: in_force

Sec. 18. (a) In the case of a British or Canadian insurer, the annual audited financial report refers to the annual statement of total business on the form filed by the company with its domiciliary supervision authority audited by an independent auditor.

(b) For a British or Canadian insurer, the letter required under section 8 of this chapter shall state that the accountant is aware of the requirement relating to the annual audited statement filed with the commissioner under section 6 of this chapter and shall affirm that the opinion expressed is in conformity with those requirements.

As added by P.L.251-1995, SEC.15.
Ind. Code § 27-1-12-2.1 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-2.1
Repealed
Status: repealed

As added by P.L.31-1988, SEC.11. Repealed by P.L.26-1991, SEC.28.
Ind. Code § 27-10-1-11 — Indiana Code / Title 27 / Article 10 / Chapter 1 / Section 27-10-1-11
"Transfer fee"
Status: in_force

Sec. 11. "Transfer fee" means a service charge made by an insurer, in addition to the premium, when a bond is executed by an agent of the insurer for another agent in a different jurisdiction.

As added by P.L.261-1985, SEC.1.
Ind. Code § 27-8-24.2-4 — Indiana Code / Title 27 / Article 8 / Chapter 24.2 / Section 27-8-24.2-4
"Prosthetic device"
Status: in_force

Sec. 4. As used in this chapter, "prosthetic device" means an artificial leg or arm.

As added by P.L.109-2008, SEC.2.
Ind. Code § 27-8-22.1-5 — Indiana Code / Title 27 / Article 8 / Chapter 22.1 / Section 27-8-22.1-5
Use of diagnostic or procedure codes
Status: in_force

Sec. 5. (a) Not more than ninety (90) days after the date of the version specified in IC 27-1-1.5 of a diagnostic or procedure code described in this subsection:

(1) an insurer shall begin using the version specified in IC 27-1-1.5 of the:

(A) Current Procedural Terminology (CPT);

(B) International Classification of Diseases (ICD);

(C) American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM);

(D) Current Dental Terminology (CDT);

(E) Healthcare Common Procedure Coding System (HCPCS); and

(F) third party administrator (TPA);

codes under which the insurer pays claims for services provided under an accident and sickness insurance policy or a worker's compensation policy; and

(2) a provider shall begin using the version specified in IC 27-1-1.5 of the:

(A) Current Procedural Terminology (CPT);

(B) International Classification of Diseases (ICD);

(C) American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM);

(D) Current Dental Terminology (CDT);

(E) Healthcare Common Procedure Coding System (HCPCS); and

(F) third party administrator (TPA);

codes under which the provider submits claims for payment for services provided under an accident and sickness insurance policy or a worker's compensation policy.

(b) If a provider provides services that are covered under an accident and sickness insurance policy or a worker's compensation policy:

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

(2) before the insurer begins using the version specified in IC 27-1-1.5 of the diagnostic or procedure code;

the insurer shall reimburse the provider under the version of the diagnostic or procedure code that was specified in IC 27-1-1.5 on the date that the services were provided.

As added by P.L.161-2001, SEC.4. Amended by P.L.66-2002, SEC.16; P.L.124-2018, SEC.84.
Ind. Code § 27-1-37.3-7 — Indiana Code / Title 27 / Article 1 / Chapter 37.3 / Section 27-1-37.3-7
Granting access to contracted health care services; requirements
Status: in_force

Sec. 7. A contractor may not lease, rent, or otherwise grant access to a provider's health care services under a health care contract unless the contractor complies with one (1) of the following:

(1) The third party to which the access is granted is:

(A) an employer or another entity providing coverage for health care services to the employer's or entity's employees or members and the entity has a contract with the contractor or the contractor's affiliate for the administration or processing of claims for payment or service provided under the health care contract; or

(B) an affiliate or a subsidiary of the contractor or providing administrative services to or receiving administrative services from the contractor or the contractor's affiliate or subsidiary.

(2) The:

(A) health care contract specifically states that the contractor may lease, rent, or otherwise grant access to the provider's health care services under the health care contract;

(B) third party accessing the health care contract is:

(i) a payer or third party administrator or another entity that administers claims on behalf of the payer;

(ii) a preferred provider organization or preferred provider network, including a physician-hospital organization; or

(iii) an entity engaged in the electronic claims transport between the contractor and the payer; and

(C) third party that is granted access to the provider's health care services under the health care contract is obligated to comply with all the applicable terms of the health care contract.

As added by P.L.55-2008, SEC.1.
Ind. Code § 27-13-9-4 — Indiana Code / Title 27 / Article 13 / Chapter 9 / Section 27-13-9-4
Information on services and filing grievances; telephone number
Status: in_force

Sec. 4. A health maintenance organization shall provide to each enrollee and subscriber:

(1) information on:

(A) how services can be obtained;

(B) where additional information on access to services can be obtained;

(C) how to file a grievance under IC 27-13-10 and IC 27-13-10.1;

(D) the health maintenance organization's:

(i) structure;

(ii) health care benefits and exclusions; and

(iii) criteria for denying coverage; and

(E) costs for which the enrollee or subscriber is responsible; and

(2) a toll free telephone number through which the enrollee can contact the health maintenance organization at no cost to the enrollee to obtain information and to file grievances.

The information under this section must be provided to a potential enrollee of the health maintenance organization upon request.

As added by P.L.26-1994, SEC.25. Amended by P.L.191-1997, SEC.3; P.L.69-1998, SEC.8; P.L.133-1999, SEC.4.
Ind. Code § 27-1-36-17 — Indiana Code / Title 27 / Article 1 / Chapter 36 / Section 27-1-36-17
Repealed
Status: repealed

As added by P.L.186-1996, SEC.1. Repealed by P.L.124-2018, SEC.58.
Ind. Code § 27-8-14-4 — Indiana Code / Title 27 / Article 8 / Chapter 14 / Section 27-8-14-4
"Mammography services provider"
Status: in_force

Sec. 4. As used in this chapter, "mammography services provider" means a person or facility that:

(1) has been accredited by the American College of Radiology;

(2) meets equivalent guidelines established by the Indiana department of health; or

(3) certified by the Federal Department of Health and Human Services for participation in the Medicare program (42 U.S.C. 1395 et seq.).

As added by P.L.119-1991, SEC.3. Amended by P.L.2-1992, SEC.787; P.L.56-2023, SEC.247.
Ind. Code § 27-11-7-1 — Indiana Code / Title 27 / Article 11 / Chapter 7 / Section 27-11-7-1
Investments
Status: in_force

Sec. 1. A society shall invest its funds only in such investments as are authorized by the laws of this state for the investment of assets of life insurers and subject to the limitations thereon. Any foreign or alien society permitted or seeking to do business in this state that invests its funds in accordance with the laws of the state, district, territory, country, or province in which it is incorporated shall be held to meet the requirements of this section for the investment of funds.

As added by P.L.262-1985, SEC.1.
Ind. Code § 27-1-52-7 — Indiana Code / Title 27 / Article 1 / Chapter 52 / Section 27-1-52-7
"Provider"
Status: in_force

Sec. 7. As used in this chapter, "provider" means an individual or entity licensed or legally authorized to provide health care services.

As added by P.L.88-2026, SEC.6.
Ind. Code § 27-1-12.6-4 — Indiana Code / Title 27 / Article 1 / Chapter 12.6 / Section 27-1-12.6-4
Automatic payments
Status: in_force

Sec. 4. An annuity contract shall not contain a provision wherein life insurance premium or annuity consideration payments may be automatically made by the company by withdrawing from or placing a loan against annuity nonforfeiture values provided under the contract.

As added by Acts 1977, P.L.286, SEC.2.
Ind. Code § 27-1-36.8-3 — Indiana Code / Title 27 / Article 1 / Chapter 36.8 / Section 27-1-36.8-3
"Hospital"
Status: in_force

Sec. 3. As used in this chapter, "hospital" means a hospital licensed under IC 16-21.

As added by P.L.216-2025, SEC.43.
Ind. Code § 27-1-42-7 — Indiana Code / Title 27 / Article 1 / Chapter 42 / Section 27-1-42-7
"Person"
Status: in_force

Sec. 7. As used in this chapter, "person" has the meaning set forth in IC 27-1-2-3.

As added by P.L.70-2013, SEC.1.
Ind. Code § 27-7-17-1 — Indiana Code / Title 27 / Article 7 / Chapter 17 / Section 27-7-17-1
Applicability of chapter; exceptions
Status: in_force

Sec. 1. This chapter applies to travel insurance:

(1) that covers any resident of this state and is sold, solicited, negotiated, or offered in this state; and

(2) for which policies and certificates are delivered or issued for delivery in this state.

Unless expressly provided in this chapter, this chapter does not apply to cancellation fee waivers or travel assistance services.

As added by P.L.19-2022, SEC.5.
Ind. Code § 27-1-33-10 — Indiana Code / Title 27 / Article 1 / Chapter 33 / Section 27-1-33-10
Violations; penalties; civil actions
Status: in_force

Sec. 10. (a) If the commissioner determines that the MGA or any other person has not materially complied with this chapter or any rule or order adopted under this chapter, after notice and opportunity to be heard:

(1) the commissioner may order:

(A) for each separate violation, a civil penalty in an amount not exceeding five thousand dollars ($5,000); and

(B) the revocation or suspension of the producer's license; and

(2) if it is found that because of such material noncompliance the insurer has suffered any loss or damage, the commissioner may maintain a civil action brought by or on behalf of the insurer and its policyholders and creditors for recovery of compensatory damages for the benefit of the insurer and its policyholders and creditors or other appropriate relief.

(b) If an order of rehabilitation or liquidation of the insurer has been entered under IC 27-9 and the receiver appointed under that order determines that the MGA or any other person has not materially complied with this chapter or any rule or order adopted under this chapter and the insurer suffered any loss or damage therefrom, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the insurer.

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

(d) Nothing contained in this chapter is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, and auditors.

As added by P.L.1-1992, SEC.148. Amended by P.L.130-1994, SEC.35; P.L.116-1994, SEC.46.
Ind. Code § 27-15-5-3 — Indiana Code / Title 27 / Article 15 / Chapter 5 / Section 27-15-5-3
Notice of opportunity to vote; form and content
Status: in_force

Sec. 3. (a) The members of the converting mutual entitled to vote on the plan of conversion and the amendment to the articles of incorporation shall be given written notice of their opportunity to vote. The notice shall be accompanied by explanatory information concerning the conversion and may be accompanied by proxy solicitation materials.

(b) The form and content of the notice, explanatory information, and any proxy solicitation materials must be provided to the commissioner not less than twenty (20) business days before they are mailed to the members, and the commissioner shall approve or disapprove the form and content of the notice, explanatory materials, and any proxy solicitation materials within fifteen (15) business days after their submission to the commissioner.

(c) The notice and explanatory materials must include the following:

(1) Reference to the applicable statutory provisions.

(2) The date, time, and location of the meeting.

(3) A brief statement of the subject of the meeting.

(4) A copy of the plan of conversion and a summary of the plan.

(5) A copy of the amendment to the articles of incorporation and a summary of the amendment.

(6) A description of the member's right to attend and participate in the meeting.

(7) The definition of the term "eligible member".

(8) A statement that no member will receive consideration as a result of the conversion unless the member continues to be a member of the converting mutual on the effective date of the conversion.

(9) For each form of consideration, a description of the nature and amount of consideration that will be provided to the eligible members upon completion of the conversion and, if reasonably ascertainable by the converting mutual, a description of the nature and amount or approximate amount of consideration to be provided to the particular member to whom the notice is addressed.

As added by P.L.94-1999, SEC.3.
Ind. Code § 27-1-46-2 — Indiana Code / Title 27 / Article 1 / Chapter 46 / Section 27-1-46-2
"Good faith estimate"
Status: in_force

Sec. 2. As used in this chapter, "good faith estimate" means a reasonable estimate of the price each provider anticipates charging for an episode of care for nonemergency health care services that:

(1) is made by a provider under this chapter upon the request of the individual for whom the nonemergency health care service has been ordered; and

(2) is not binding upon the provider.

As added by P.L.93-2020, SEC.12. Amended by P.L.202-2021, SEC.11.
Ind. Code § 27-8-28-9 — Indiana Code / Title 27 / Article 8 / Chapter 28 / Section 27-8-28-9
"Insurer"
Status: in_force

Sec. 9. As used in this chapter, "insurer" means any person who delivers or issues for delivery an accident and sickness insurance policy or certificate in Indiana.

As added by P.L.66-2001, SEC.2 and P.L.203-2001, SEC.13.
Ind. Code § 27-1-44.6-8 — Indiana Code / Title 27 / Article 1 / Chapter 44.6 / Section 27-1-44.6-8
Meetings; quorum
Status: in_force

Sec. 8. The advisory board must meet at least two (2) times per calendar year at the call of the executive director. A majority of the members of the advisory board constitutes a quorum.

As added by P.L.195-2021, SEC.12. Amended by P.L.42-2024, SEC.149.
Ind. Code § 27-1-2.2-2 — Indiana Code / Title 27 / Article 1 / Chapter 2.2 / Section 27-1-2.2-2
"Nonprofit agricultural organization coverage"
Status: in_force

Sec. 2. As used in this chapter, "nonprofit agricultural organization coverage" means health benefit coverage that is:

(1) sponsored by:

(A) a nonprofit agricultural organization; or

(B) an affiliate of a nonprofit agricultural organization;

(2) offered only to:

(A) members of the nonprofit agricultural organization; and

(B) families of the members of the nonprofit agricultural organization;

(3) deemed by the nonprofit agricultural organization to be important in assisting its members to live long and productive lives; and

(4) offered to members of the nonprofit agricultural organization in every county in Indiana.

As added by P.L.136-2020, SEC.1.
Ind. Code § 27-1-38-9 — Indiana Code / Title 27 / Article 1 / Chapter 38 / Section 27-1-38-9
Required disclosures before sale of insurance
Status: in_force

Sec. 9. (a) This section applies as follows:

(1) To an affiliate of a depository institution only to the extent that the affiliate sells, solicits, advertises, or offers insurance at the office of a depository institution or on behalf of a depository institution.

(2) To the:

(A) sale of;

(B) solicitation for; or

(C) application for;

insurance by an individual primarily for personal, family, or household purposes and only to the extent that a disclosure is accurate.

(b) A depository institution or an affiliate of a depository institution that solicits, sells, advertises, or offers insurance, and a person that sells, solicits, advertises, or offers insurance on behalf of a depository institution, shall disclose to a customer, in writing where practicable, in a clear and conspicuous manner, and before a sale of insurance, that the insurance:

(1) is not a deposit;

(2) is not insured by the Federal Deposit Insurance Corporation or another federal government agency;

(3) is not guaranteed by the depository institution, the affiliate of a depository institution, or the person that sells, solicits, advertises, or offers insurance on behalf of a depository institution; and

(4) involves investment risk including possible loss of value, if appropriate.

As added by P.L.130-2002, SEC.2.
Ind. Code § 27-13-7-15 — Indiana Code / Title 27 / Article 13 / Chapter 7 / Section 27-13-7-15
Dental care provisions required
Status: in_force

Sec. 15. (a) As used in this section, "child" means an individual who is less than nineteen (19) years of age.

(b) As used in this section, "enrollee" means an enrollee who is a child or an individual:

(1) with a physical or mental impairment that substantially limits one (1) or more of the major life activities of the individual; and

(2) who:

(A) has a record of; or

(B) is regarded as;

having an impairment described in subdivision (1).

(c) A health maintenance organization that provides basic health care services shall include coverage under the terms and conditions of the benefits contract for anesthesia and hospital charges for an enrollee for dental care if the mental or physical condition of the enrollee requires dental treatment to be rendered in a hospital or an ambulatory outpatient surgical center. The Indications for General Anesthesia, as published in the reference manual of the American Academy of Pediatric Dentistry, are the utilization standards for determining whether performing dental procedures necessary to treat the enrollee's condition under general anesthesia constitutes appropriate treatment.

(d) A health maintenance organization may:

(1) require prior authorization for hospitalization or treatment in an ambulatory outpatient surgical center for dental care procedures in the same manner that prior authorization is required for hospitalization or treatment of other covered medical conditions; and

(2) restrict coverage to include only procedures performed by a licensed dentist who has privileges at the hospital or ambulatory outpatient surgical center.

(e) This section does not apply to treatment rendered for temporal mandibular joint disorders (TMJ).

As added by P.L.189-1999, SEC.3.
Ind. Code § 27-1-29.1-11 — Indiana Code / Title 27 / Article 1 / Chapter 29.1 / Section 27-1-29.1-11
Preexisting liabilities qualifying for partial payment
Status: in_force

Sec. 11. A liability that arises out of an act or omission that takes place before the political subdivision bearing the liability becomes a member of the fund does not qualify for partial payment under this chapter unless the liability:

(1) is expressly covered by the provisions of a coverage document that:

(A) is issued to the fund member; and

(B) is in effect when the claim is made; and

(2) is also covered by the underlying coverage that is claims made basis coverage.

As added by P.L.272-1987, SEC.7.
Ind. Code § 27-10-3-14 — Indiana Code / Title 27 / Article 10 / Chapter 3 / Section 27-10-3-14
Recovery agent; use of licensed persons; list
Status: in_force

Sec. 14. A person who is licensed as a bail agent may use as a recovery agent any person who holds a valid recovery agent's license. A bail agent must, at the time the bail agent's license is renewed under this chapter, furnish to the commissioner, on a form supplied by the commissioner, a list of all recovery agents used by the bail agent during the preceding year.

As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.23; P.L.86-2011, SEC.3.
Ind. Code § 27-1-40-3 — Indiana Code / Title 27 / Article 1 / Chapter 40 / Section 27-1-40-3
Indiana as state of entry for alien company
Status: in_force

Sec. 3. Indiana may serve as a state of entry to enable an alien company to transact insurance business in the United States through a United States branch if the United States branch:

(1) qualifies under this title for a certificate of authority as if the United States branch were a domestic company organized under this title; and

(2) establishes a trust account that meets the following conditions:

(A) The trust account is established under a trust agreement approved by the commissioner with a United States bank.

(B) The amount in the trust account is at least equal to:

(i) the minimum capital and surplus requirements; or

(ii) the authorized control level risk based capital requirements;

whichever is greater, that apply to a domestic company that possesses a certificate of authority to transact the same kind of insurance business in Indiana as the United States branch will transact.

As added by P.L.173-2007, SEC.20.
Ind. Code § 27-13-7-14.7 — Indiana Code / Title 27 / Article 13 / Chapter 7 / Section 27-13-7-14.7
Coverage for autism spectrum disorders
Status: in_force

Sec. 14.7. (a) As used in this section, "autism spectrum disorder" means a neurological condition, including Asperger's syndrome and autism, as defined in the Diagnostic and Statistical Manual of Mental Disorders.

(b) A group contract with a health maintenance organization that provides basic health care services must provide services for the treatment of an autism spectrum disorder of an enrollee. Services provided to an enrollee under this subsection are limited to services that are prescribed by the enrollee's treating physician in accordance with a treatment plan. A health maintenance organization may not deny or refuse to provide services to, or refuse to renew, refuse to reissue, or otherwise terminate or restrict coverage under a group contract to services to an individual solely because the individual is diagnosed with an autism spectrum disorder.

(c) The services required under subsection (b) may not be subject to dollar limits, deductibles, copayments, or coinsurance provisions that are less favorable to an enrollee than the dollar limits, deductibles, copayments, or coinsurance provisions that apply to physical illness generally under the contract with the health maintenance organization.

(d) A health maintenance organization that enters into an individual contract that provides basic health care services must offer to provide services for the treatment of an autism spectrum disorder of an enrollee. Services provided to an enrollee under this subsection are limited to services that are prescribed by the enrollee's treating physician in accordance with a treatment plan. A health maintenance organization may not deny or refuse to provide services to, or refuse to renew, refuse to reissue, or otherwise terminate or restrict coverage under an individual contract to services to an individual solely because the individual is diagnosed with an autism spectrum disorder.

(e) The services that must be offered under subsection (d) may not be subject to dollar limits, deductibles, copayments, or coinsurance provisions that are less favorable to an enrollee than the dollar limits, deductibles, copayments, or coinsurance provisions that apply to physical illness generally under the contract with the health maintenance organization.

As added by P.L.148-2001, SEC.3. Amended by P.L.188-2013, SEC.24; P.L.124-2018, SEC.88.
Ind. Code § 27-1-12.3-1 — Indiana Code / Title 27 / Article 1 / Chapter 12.3 / Section 27-1-12.3-1
Definitions
Status: in_force

Sec. 1. As used in this chapter:

(a) "Published monthly average" means:

(1) Moody's corporate bond yield average-monthly average corporates as published by Moody's Investors Service, Inc.; or

(2) in the event that the Moody's corporate bond yield average-monthly average corporates is no longer published, a substantially similar average, established by regulation issued by the insurance commissioner.

(b) "Insurer" means an entity issuing a policy.

(c) "Policy loan" means:

(1) a loan secured by a policy of life insurance under IC 27-1-12-6(a)(8) and IC 27-1-12-19;

(2) any premium loan made under a policy to pay one (1) or more premiums that were not paid to the life insurer as they became due; or

(3) a loan secured by any certificate or annuity contract that provides loans on the security of the certificate or annuity contract.

(d) "Policyholder" includes the owner of the policy or the person designated to pay premiums as shown on the records of the life insurer.

(e) "Policy" means:

(1) a life insurance policy;

(2) a certificate issued by a fraternal benefit society; or

(3) an annuity contract;

that provides for policy loans.

(f) "Rate of interest" or "interest rate" means the rate of interest on policy loans, including the rate of interest charged on reinstatement of policy loans for the period during and after any lapse.

As added by Acts 1981, P.L.240, SEC.1. Amended by P.L.124-2018, SEC.19.
Ind. Code § 27-8-22.1-2 — Indiana Code / Title 27 / Article 8 / Chapter 22.1 / Section 27-8-22.1-2
"Insurer" defined
Status: in_force

Sec. 2. As used in this chapter, "insurer" means:

(1) an insurer that issues:

(A) an accident and sickness insurance policy; or

(B) a worker's compensation policy; or

(2) an employer who has received a certificate from the worker's compensation board to carry the employer's worker's compensation risk without insurance under IC 22-3-2-5.

As added by P.L.161-2001, SEC.4.
Ind. Code § 27-7-17.5-4 — Indiana Code / Title 27 / Article 7 / Chapter 17.5 / Section 27-7-17.5-4
"Dental service"
Status: in_force

Sec. 4. As used in this chapter, "dental service" means any service provided by a dentist within the scope of the dentist's licensure under IC 25-14.

As added by P.L.42-2022, SEC.1.
Ind. Code § 27-4-1.5-1 — Indiana Code / Title 27 / Article 4 / Chapter 1.5 / Section 27-4-1.5-1
"Body part" defined
Status: in_force

Sec. 1. (a) As used in this chapter, "body part" means a replacement for any of the nonmechanical sheet metal or plastic parts that generally constitute the exterior of a motor vehicle.

(b) The term includes the inner and outer panels of the body of a motor vehicle.

As added by P.L.194-1991, SEC.2.
Ind. Code § 27-8-28-12 — Indiana Code / Title 27 / Article 8 / Chapter 28 / Section 27-8-28-12
Grievance records
Status: in_force

Sec. 12. An insurer shall maintain all grievance records received by the insurer after the most recent examination of the insurer's grievance procedure by the commissioner.

As added by P.L.66-2001, SEC.2 and P.L.203-2001, SEC.13.
Ind. Code § 27-1-37.2-8 — Indiana Code / Title 27 / Article 1 / Chapter 37.2 / Section 27-1-37.2-8
Duties; prohibitions
Status: in_force

Sec. 8. (a) The health insurance educator shall do the following:

(1) Assist health benefit plan consumers in making informed choices regarding health benefit plans by providing information about the following:

(A) The purchase, or enrollment in, a health benefit plan.

(B) The manner in which to resolve a dispute with a health benefit plan.

(C) The method of filing a claim under a health benefit plan.

(D) The availability of resources useful to a health benefit plan consumer.

(E) Consumer rights and responsibilities under a health benefit plan.

(F) Comparative information about health benefit plans to consumers and purchasers of health benefit plans.

(G) Other matters that may further a health benefit plan consumer's knowledge of health insurance benefit plans.

(2) Apply to obtain funds through federal grants and any other source. Any funds obtained shall be used to fulfill the purposes described in subdivision (1).

(b) Notwithstanding subsection (a)(1), the health insurance educator shall not:

(1) recommend a particular company, insurance producer, or product; or

(2) interpret or advise an individual regarding a particular contract or disputed claim that is subject to the federal Employee Retirement Income Security Act (29 U.S.C. 1001 et seq.).

As added by P.L.258-2001, SEC.1.
Ind. Code § 27-8-16-12 — Indiana Code / Title 27 / Article 8 / Chapter 16 / Section 27-8-16-12
Violations; claims review agent; notice; cease and desist orders; penalties; revocation or suspension of registration; review
Status: in_force

Sec. 12. (a) If the department believes that a claim review agent or claim review consultant has violated this chapter, the department shall notify the claim review agent or claim review consultant of the alleged violation.

(b) The claim review agent or claim review consultant shall respond to a notice given under subsection (a) within thirty (30) days after receiving the notice.

(c) If the department:

(1) believes that a claim review agent or claim review consultant has violated this chapter; and

(2) is not satisfied, based on the response given by the claim review agent or claim review consultant under subsection (b), that the violation has been corrected;

the department shall order the claim review agent or claim review consultant under IC 4-21.5-3-6 to cease all claims review activities in Indiana.

(d) If the department determines that a claim review agent or claim review consultant has violated this chapter, the department:

(1) shall order the claim review agent or claim review consultant to cease and desist from engaging in the violation; and

(2) may do either or both of the following:

(A) Order the claim review agent or claim review consultant to pay a civil penalty of not more than five thousand dollars ($5,000) if the claim review agent or claim review consultant has committed violations with a frequency that indicates a general business practice.

(B) Suspend or revoke the certificate of registration of the claim review agent or claim review consultant.

(e) An order issued or a ruling made by the department under this section is subject to review under IC 4-21.5.

As added by P.L.128-1992, SEC.2. Amended by P.L.260-1995, SEC.9.
Ind. Code § 27-1-12.8-1 — Indiana Code / Title 27 / Article 1 / Chapter 12.8 / Section 27-1-12.8-1
"Accident and sickness insurance"
Status: in_force

Sec. 1. (a) Before the operative date of the valuation manual specified in section 34 of this chapter, as used in this chapter, "accident and sickness insurance" means insurance described in Class 1(b), Class 1(c)(2), or Class 2(a) of IC 27-1-5-1.

(b) On and after the operative date of the valuation manual specified in section 34 of this chapter, as used in this chapter, "accident and sickness insurance" means insurance described in Class 1(b), Class 1(c)(2), or Class 2(a) of IC 27-1-5-1 and as may be specified in the valuation manual.

As added by P.L.276-2013, SEC.10.
Ind. Code § 27-1-20-33 — Indiana Code / Title 27 / Article 1 / Chapter 20 / Section 27-1-20-33
Annual Statement Blank, additional filings and quarterly statements; filings with NAIC
Status: in_force

Sec. 33. (a) As used in this section, "insurer" refers to each:

(1) domestic company;

(2) foreign company; and

(3) alien company;

that is authorized to transact business in Indiana.

(b) On or before March 1 of each year, an insurer shall file with the NAIC and with the department a copy of the insurer's Annual Statement Blank and additional filings prescribed by the commissioner for the preceding year. An insurer shall also file quarterly statements with the NAIC and with the department on or before May 15, August 15, and November 15 of each year in a form prescribed by the commissioner. The information filed with the NAIC under this subsection:

(1) must be:

(A) in the same format; and

(B) of the same scope;

as is required by the commissioner under section 21 of this chapter;

(2) to the extent required by the NAIC, must include the signed jurat page and the actuarial certification; and

(3) must be filed electronically in accordance with NAIC electronic filing specifications.

The commissioner may grant an exemption from the requirement of subdivision (3) to domestic companies that operate only in Indiana. If an insurer files any amendment or addendum to an insurer's Annual Statement Blank or quarterly statement with the commissioner, the insurer shall also file a copy of the amendment or addendum with the NAIC. Annual and quarterly financial statements are deemed filed with the NAIC when delivered to the address designated by the NAIC for the filings regardless of whether the filing is accompanied by any applicable fee.

(c) The commissioner may, for good cause, grant an insurer an extension of time for the filing required by subsection (b).

(d) A foreign company that:

(1) is domiciled in a state that has a law substantially similar to subsection (b); and

(2) complies with that law;

shall be considered to be in compliance with this section.

(e) In the absence of actual malice:

(1) members of the NAIC;

(2) duly authorized committees, subcommittees, and task forces of members of the NAIC;

(3) delegates of members of the NAIC;

(4) employees of the NAIC; and

(5) other persons responsible for collecting, reviewing, analyzing, and disseminating information developed from the filing of Annual Statement Blanks under this section;

shall be considered to be acting as agents of the commissioner under the authority of this section and are not subject to civil liability for libel, slander, or any other cause of action by virtue of the collection, review, analysis, or dissemination of the data and information collected from the filings required by this section.

(f) The commissioner may suspend, revoke, or refuse to renew the certificate of authority of an insurer that fails to file the insurer's Annual Statement Blank or quarterly statements with the NAIC or with the department within the time allowed by subsection (b) or (c).

As added by P.L.121-1992, SEC.3. Amended by P.L.251-1995, SEC.16; P.L.91-1998, SEC.7; P.L.268-1999, SEC.9; P.L.124-2018, SEC.39.
Ind. Code § 27-1-3.1-16 — Indiana Code / Title 27 / Article 1 / Chapter 3.1 / Section 27-1-3.1-16
Appointment of examiner; conflict of interest; support staff
Status: in_force

Sec. 16. (a) No examiner may be appointed by the commissioner if that examiner, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in any person subject to examination under this chapter. However, this section does not automatically preclude an examiner from being:

(1) a policyholder or claimant under an insurance policy;

(2) a grantor of a mortgage or similar instrument on the examiner's residence to a regulated entity if done under customary terms and in the ordinary course of business;

(3) an investment owner in shares of regulated diversified investment companies; or

(4) a settlor or beneficiary of a "blind trust" into which any otherwise impermissible holdings have been placed.

(b) Notwithstanding the requirements of this section, the commissioner may periodically retain on an individual basis qualified actuaries, certified public accountants, and other similar individuals who are independently practicing their professions, even though those persons may from time to time be similarly employed or retained by persons subject to examination under this chapter.

As added by P.L.26-1991, SEC.5.
Ind. Code § 27-13-38-2 — Indiana Code / Title 27 / Article 13 / Chapter 38 / Section 27-13-38-2
Substitution of brand name drugs
Status: in_force

Sec. 2. Subject to IC 16-42-22:

(1) a pharmacist shall not substitute; and

(2) a health maintenance organization shall not require the substitution of;

a different single source brand name drug for a single source brand name drug written on a prescription form or electronically transmitted to a pharmacy unless the substitution is approved by the prescribing provider.

As added by P.L.69-1998, SEC.16. Amended by P.L.204-2005, SEC.20.
Ind. Code § 27-7-3-14 — Indiana Code / Title 27 / Article 7 / Chapter 3 / Section 27-7-3-14
Annual financial statement; effect of certification by certified public accountant
Status: in_force

Sec. 14. (a) Every such company doing business in this state shall file with the department on or before March 15 in each year a financial statement for the year ending December 31 immediately preceding on forms furnished by the department. Such statement shall include a showing that the sum of ten percent (10%) of all actual premiums received by such company, on account of such title insurance business, during the year ending on December 31 prior thereto, as required by section 9 of this chapter, has been duly set apart and is held by such company in said title insurance reserve fund or is held on deposit by the department as provided in section 9 of this chapter. Such statement shall be verified by the oaths of the president or a vice president and the secretary or an assistant secretary.

(b) If the annual statement, as required by this section, shall be certified to by a certified public accountant, then such statement shall be prima facie evidence of the facts stated therein, and the department may in its discretion accept such certified statements in lieu of an examination under this chapter.

Formerly: Acts 1937, c.104, s.14. As amended by P.L.252-1985, SEC.259.
Ind. Code § 27-1-45-2 — Indiana Code / Title 27 / Article 1 / Chapter 45 / Section 27-1-45-2
"Facility"
Status: in_force

Sec. 2. (a) As used in this chapter, "facility" means an institution in which health care services are provided to individuals. The term includes:

(1) hospitals and other licensed ambulatory surgical centers; and

(2) ambulatory outpatient surgical centers.

(b) The term does not include the following:

(1) A private mental health institution licensed under IC 12-25.

(2) A Medicare certified, freestanding rehabilitation hospital.

As added by P.L.93-2020, SEC.11.
Ind. Code § 27-7-3.7-9 — Indiana Code / Title 27 / Article 7 / Chapter 3.7 / Section 27-7-3.7-9
Mortgage holder's right to receive proceeds from real estate transaction through funds electronically transferred to specified account
Status: reserved

Sec. 9. If:

(1) the closing agent in a real estate transaction receives wired funds unconditionally held and irrevocably credited to the escrow account of the closing agent; and

(2) a holder of a mortgage lien encumbering real estate so requests, as part of written closing instructions or a written payoff statement in advance of closing;

the holder of the mortgage lien is entitled to receive its proceeds from the real estate transaction through funds electronically transferred to an account specified by the holder of the mortgage lien.

As added by P.L.92-2009, SEC.1.
Ind. Code § 27-13-24-7 — Indiana Code / Title 27 / Article 13 / Chapter 24 / Section 27-13-24-7
Conclusion of affairs following revocation of certificate of authority
Status: in_force

Sec. 7. (a) A health maintenance organization whose certificate of authority is revoked:

(1) shall proceed, immediately following the effective date of the order of revocation, to wind up the affairs of the organization; and

(2) may not conduct further business, except as essential to the orderly conclusion of the affairs of the organization.

(b) After the certificate of authority of a health maintenance organization is revoked, the health maintenance organization may not engage in further advertising or solicitation.

(c) Notwithstanding subsection (a), the commissioner may, by written order, permit further operation of a health maintenance organization after the certificate of authority of the organization is revoked if the commissioner finds the further operation of the organization to be in the best interest of enrollees.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-5.1-2-26 — Indiana Code / Title 27 / Article 5.1 / Chapter 2 / Section 27-5.1-2-26
Violations of law; commissioner orders
Status: in_force

Sec. 26. If the commissioner determines, after notice and a hearing under IC 4-21.5, that a farm mutual insurance company has violated a provision of this article or a rule or order issued under this article, the commissioner may issue an order requiring the farm mutual insurance company to refrain from the unlawful practice or to take an affirmative action that the commissioner considers necessary to carry out the purposes of this article.

As added by P.L.129-2003, SEC.8.
Ind. Code § 27-1-12.8-29 — Indiana Code / Title 27 / Article 1 / Chapter 12.8 / Section 27-1-12.8-29
Aggregate reserves
Status: in_force

Sec. 29. (a) A company's aggregate reserves for all contracts, excluding disability and accidental death benefits, issued on or after the transition date selected by the company under IC 27-1-12-12, the transition date in no event to be later than January 1, 1948, must not be less than the aggregate reserves calculated in accordance with sections 27, 28, 31, and 32 of this chapter and the mortality tables and rates of interest used in calculating nonforfeiture benefits for the contracts.

(b) The aggregate reserves for all contracts and benefits must not be less than the aggregate reserves determined by the appointed actuary to be necessary to render an opinion required by section 21 or 23 of this chapter.

As added by P.L.276-2013, SEC.10.
Ind. Code § 27-1-46.5-7 — Indiana Code / Title 27 / Article 1 / Chapter 46.5 / Section 27-1-46.5-7
"Prices"
Status: in_force

Sec. 7. As used in this chapter, "prices" means the amounts that are paid for patient care services.

As added by P.L.216-2025, SEC.46.
Ind. Code § 27-6-9-14 — Indiana Code / Title 27 / Article 6 / Chapter 9 / Section 27-6-9-14
Bond; errors and omissions policy
Status: in_force

Sec. 14. The commissioner may require a RM subject to section 13 of this chapter to:

(1) file a bond from an insurer in an amount acceptable to the commissioner for the protection of the reinsurer; and

(2) maintain an errors and omissions policy in an amount acceptable to the commissioner.

As added by P.L.26-1991, SEC.26.
Ind. Code § 27-8-29-14 — Indiana Code / Title 27 / Article 8 / Chapter 29 / Section 27-8-29-14
Rights of individuals who file grievances
Status: in_force

Sec. 14. (a) A covered individual who files an external grievance under this chapter:

(1) shall not be subject to retaliation for exercising the covered individual's right to an external grievance under this chapter;

(2) shall be permitted to utilize the assistance of other individuals, including health care providers, attorneys, friends, and family members throughout the review process;

(3) shall be permitted to submit additional information relating to the proposed service throughout the review process; and

(4) shall cooperate with the independent review organization by:

(A) providing any requested medical information; or

(B) authorizing the release of necessary medical information.

(b) An insurer shall cooperate with an independent review organization selected under section 13(b) of this chapter by promptly providing any information requested by the independent review organization.

As added by P.L.66-2001, SEC.3 and P.L.203-2001, SEC.14. Amended by P.L.1-2002, SEC.119.
Ind. Code § 27-1-24.5-18 — Indiana Code / Title 27 / Article 1 / Chapter 24.5 / Section 27-1-24.5-18
Licensure
Status: in_force

Sec. 18. A person shall, before establishing or operating as a pharmacy benefit manager, apply to and obtain a license from the commissioner under this chapter.

As added by P.L.68-2020, SEC.1.
Ind. Code § 27-2-29-3 — Indiana Code / Title 27 / Article 2 / Chapter 29 / Section 27-2-29-3
"Insurer"
Status: in_force

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

As added by P.L.226-2023, SEC.21.
Ind. Code § 27-8-22.1-3 — Indiana Code / Title 27 / Article 8 / Chapter 22.1 / Section 27-8-22.1-3
"Provider" defined
Status: in_force

Sec. 3. As used in this chapter, "provider" has the meaning set forth in IC 27-8-11-1.

As added by P.L.161-2001, SEC.4.
Ind. Code § 27-1-25-10 — Indiana Code / Title 27 / Article 1 / Chapter 25 / Section 27-1-25-10
Notice of relationship; statement of premiums or charges
Status: in_force

Sec. 10. (a) An administrator having a written agreement with an insurer shall provide written notice, which must first be approved by the insurer, to covered persons advising them of the relationship among the administrator, the covered person, and the insurer.

(b) When the administrator collects premiums or charges, the administrator shall state separately the amount of any premium or charge for coverage specified by the insurer to the person paying the premium or charge. Additional charges may not be made for a service to the extent that the charge for the service has been paid by the insurer.

(c) The administrator shall disclose to the insurer:

(1) charges;

(2) fees; and

(3) commissions;

received by the administrator in connection with the provision of administrative services for the insurer, including fees or commissions paid by insurers that provide reinsurance.

As added by Acts 1980, P.L.168, SEC.2. Amended by Acts 1982, P.L.165, SEC.6; P.L.160-2003, SEC.14.
Ind. Code § 27-1-26-8 — Indiana Code / Title 27 / Article 1 / Chapter 26 / Section 27-1-26-8
Separate test scores permitted for riders, endorsements, applications, and other forms
Status: in_force

Sec. 8. At the option of an insurer, riders, endorsements, applications, and other forms made a part of the policy may be scored separately.

As added by Acts 1981, P.L.245, SEC.1.
Ind. Code § 27-2-23-2 — Indiana Code / Title 27 / Article 2 / Chapter 23 / Section 27-2-23-2
Definitions
Status: in_force

Sec. 2. Except as provided in this chapter, the definitions in IC 27-2-22 apply throughout this chapter.

As added by P.L.90-2014, SEC.1.
Ind. Code § 27-7-10-25 — Indiana Code / Title 27 / Article 7 / Chapter 10 / Section 27-7-10-25
Purchasing groups and their insurers; application of Indiana law; exemptions
Status: in_force

Sec. 25. A purchasing group and its insurer or insurers are subject to all applicable Indiana laws, except that a purchasing group and its insurer or insurers are exempt, in regard to liability insurance for the purchasing group, from any law that would:

(1) prohibit the establishment of a purchasing group;

(2) make it unlawful for an insurer to provide or offer to provide insurance on a basis providing, to a purchasing group or its members, advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages, or other matters;

(3) prohibit a purchasing group or its members from purchasing insurance on a group basis as described in subdivision (2);

(4) prohibit a purchasing group from obtaining insurance on a group basis because the group has not been in existence for a minimum period of time or because any member has not belonged to the group for a minimum period of time;

(5) require that a purchasing group have a minimum number of members, common ownership or affiliation, or certain legal form;

(6) require that a certain percentage of a purchasing group must obtain insurance on a group basis; or

(7) otherwise discriminate against a purchasing group or any of its members.

As added by P.L.162-1988, SEC.2.
Ind. Code § 27-1-12-26 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-26
Fraudulent representations; offense
Status: in_force

Sec. 26. A person who knowingly makes any false or fraudulent statement or representation in or with reference to any application for life insurance, or for the purpose of obtaining any fee, commission, money, or benefit from or in any company transacting business under this article, commits a Class A misdemeanor.

Formerly: Acts 1935, c.162, s.165. As amended by Acts 1978, P.L.2, SEC.2711.
Ind. Code § 27-1-27-20 — Indiana Code / Title 27 / Article 1 / Chapter 27 / Section 27-1-27-20
Public adjuster contract rescindable
Status: in_force

Sec. 20. (a) An insured may rescind a contract between the insured and a public adjuster at any time not more than three (3) business days after the day on which the insured submits to the insurer the claim to which the contract relates.

(b) An insured may rescind a contract with a public adjuster by notifying the public adjuster in writing of the insured's decision to rescind the contract. The written notification must be transmitted to the adjuster by:

(1) registered or certified mail, return receipt requested, sent to the address of the public adjuster shown on the contract;

(2) personally serving the notice on the public adjuster; or

(3) sending an electronic mail to the public adjuster at the electronic mail address shown on the contract.

(c) If the insured exercises the right to rescind a contract under this section, the public adjuster shall return to the insured anything of value that the insured gave to the public adjuster under the contract before the recission of the contract. The public adjuster shall return things of value to the insured under this section not more than fifteen (15) business days after the day on which the public adjuster receives notice under subsection (b) of the insured's decision to rescind the contract.

As added by P.L.226-2023, SEC.15.
Ind. Code § 27-8-19.8-21 — Indiana Code / Title 27 / Article 8 / Chapter 19.8 / Section 27-8-19.8-21
Required terms of viatical settlement contract
Status: in_force

Sec. 21. (a) A viatical settlement contract must establish the terms under which the viatical settlement provider will pay value, in return for the viator's assignment, bequest, devise, sale, or transfer of the death benefit, certificate, or ownership of the insurance policy to the viatical settlement provider.

(b) A viatical settlement contract must provide for the unconditional rescission of the contract by the viator for the longer of the following:

(1) the period ending not more than fifteen (15) days after the receipt of the viatical settlement proceeds by the viator; or

(2) the period ending not more than thirty (30) days after execution of the contract.

(c) A viatical settlement contract is rescinded if the insured dies during the rescission period, subject to repayment to the viatical settlement provider of all proceeds and any premiums, loans, and loan interest that have been paid by the viatical settlement provider.

As added by P.L.130-1994, SEC.47 and P.L.116-1994, SEC.70. Amended by P.L.32-1998, SEC.22; P.L.223-2005, SEC.6.
Ind. Code § 27-8-26-9 — Indiana Code / Title 27 / Article 8 / Chapter 26 / Section 27-8-26-9
Consideration of genetic screening or testing results by insurer
Status: in_force

Sec. 9. An insurer may consider the results of genetic screening or testing if:

(1) the results are voluntarily submitted by:

(A) an applicant for; or

(B) an individual seeking renewal of;

health care services coverage; and

(2) the results are favorable to the applicant or the individual.

As added by P.L.150-1997, SEC.4.
Ind. Code § 27-8-32.4-4 — Indiana Code / Title 27 / Article 8 / Chapter 32.4 / Section 27-8-32.4-4
Coverage of methadone when prescribed for pain
Status: in_force

Sec. 4. A policy of accident and sickness insurance may provide coverage for methadone if the drug is prescribed for the treatment of pain or pain management only as follows:

(1) If the daily dosage is not more than sixty (60) milligrams.

(2) If the daily dosage is more than sixty (60) milligrams, only if:

(A) prior authorization is obtained; and

(B) a determination of medical necessity has been shown by the provider.

As added by P.L.209-2015, SEC.19.
Ind. Code § 27-1-12-36 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-36
Repealed
Status: repealed

As added by Acts 1979, P.L.251, SEC.1. Repealed by P.L.254-1985, SEC.7.
Ind. Code § 27-1-28-12 — Indiana Code / Title 27 / Article 1 / Chapter 28 / Section 27-1-28-12
Resident individual independent adjuster licensure
Status: in_force

Sec. 12. (a) An individual may apply for a resident independent adjuster license by submitting:

(1) a Uniform Application for Individual Adjusters to the commissioner with a declaration, under penalty of suspension, revocation, or refusal of licensure, that the statements made in the application are true and complete to the best of the individual's knowledge; and

(2) an application fee of forty dollars ($40).

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

(1) The individual is at least eighteen (18) years of age.

(2) The individual is eligible to designate Indiana as the individual's home state.

(3) The individual is determined by the commissioner to be trustworthy, reliable, and of good reputation.

(4) The individual has not committed an act that is grounds for probation, suspension, revocation, or refusal of licensure under section 18 of this chapter.

(5) The individual has completed a prelicensing course of study for the line of authority in which the individual has applied for licensing under this section.

(6) The individual has successfully passed the written examination administered under section 15 of this chapter for the line of authority in which the individual has applied for licensing under this section.

(c) The commissioner may require any documents reasonably necessary to verify the information contained in the application.

As added by P.L.11-2011, SEC.22. Amended by P.L.124-2018, SEC.53.
Ind. Code § 27-8-31-6 — Indiana Code / Title 27 / Article 8 / Chapter 31 / Section 27-8-31-6
Management committee; legislative committee; liability
Status: in_force

Sec. 6. (a) A management committee comprising not more than fourteen (14) members shall be established as follows:

(1) One (1) member from each of the six (6) compacting states with the largest premium volume for individual and group annuities, life, disability income, and long term care insurance products, determined from the records of the NAIC for the prior year.

(2) Four (4) members from those compacting states with at least two percent (2%) of the market based on the premium volume described in subdivision (1), other than the six (6) compacting states with the largest premium volume, selected on a rotating basis as provided in the bylaws.

(3) Four (4) members from those compacting states with less than two percent (2%) of the market, based on the premium volume described in subdivision (1), with one (1) selected from each of the four (4) zone regions of the NAIC as provided in the bylaws.

(b) The management committee has the authority and duties as may be set forth in the bylaws, including the following:

(1) Managing the affairs of the commission in a manner consistent with the bylaws and purposes of the commission.

(2) Establishing and overseeing an organizational structure within, and appropriate procedures for, the commission to provide for the creation of uniform standards and other rules, receipt and review of product filings, administrative and technical support functions, review of decisions regarding the disapproval of a product filing, and the review of elections made by a compacting state to opt out of a uniform standard. However, a uniform standard shall not be submitted to the compacting states for adoption unless approved by two-thirds (2/3) of the members of the management committee.

(3) Overseeing the offices of the commission.

(4) Planning, implementing, and coordinating communications and activities with other state, federal, and local government organizations to advance the goals of the commission.

(c) The commission shall annually elect officers from the management committee, with each having the authority and duties as may be specified in the bylaws.

(d) The management committee may, subject to the approval of the commission, appoint or retain an executive director for the period, upon the terms and conditions and for the compensation as the commission considers appropriate. The executive director shall serve as secretary to the commission but may not be a member of the commission. The executive director shall hire and supervise any other staff as may be authorized by the commission.

(e) A legislative committee comprised of state legislators or state legislators' designees shall be established to monitor the operations of and make recommendations to the commission, including the management committee. However, the manner of selection and term of any legislative committee member shall be as set forth in the bylaws. Before the commission adopts any uniform standard, revision to the bylaws, annual budget, or other significant matter as may be provided in the bylaws, the management committee shall consult with and report to the legislative committee. The commission shall establish two (2) advisory committees, one (1) of which shall comprise consumer representatives independent of the insurance industry and the other of which shall comprise insurance industry representatives. The commission may establish additional advisory committees as the commission's bylaws may provide for the carrying out of the commission's functions.

(f) The commission shall maintain its corporate books and records in accordance with the bylaws.

(g) The members, officers, executive director, employees, and representatives of the commission are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities. However, nothing in this subsection shall be construed to protect any person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of the person.

(h) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities. However:

(1) nothing in this subsection shall be construed to prohibit that person from retaining the person's own counsel; and

(2) this subsection applies only if the actual or alleged act, error, or omission did not result from the person's intentional or willful and wanton misconduct.

(i) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against the person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities. However, this subsection applies only if the actual or alleged act, error, or omission did not result from the intentional or willful and wanton misconduct of that person.

As added by P.L.138-2005, SEC.3.
Ind. Code § 27-1-18-2 — Indiana Code / Title 27 / Article 1 / Chapter 18 / Section 27-1-18-2
Gross premium privilege tax
Status: in_force

Sec. 2. (a) Every insurance company not organized under the laws of this state, and each domestic company electing to be taxed under this section, and doing business within this state shall, on or before March 1 of each year, report to the department, under the oath of the president and secretary, the gross amount of all premiums received by it on policies of insurance covering risks within this state, or in the case of marine or transportation risks, on policies made, written, or renewed within this state during the twelve (12) month period ending on December 31 of the preceding calendar year. From the amount of gross premiums described in this subsection shall be deducted:

(1) considerations received for reinsurance of risks within this state from companies authorized to transact an insurance business in this state;

(2) the amount of dividends paid or credited to resident insureds, or used to reduce current premiums of resident insureds;

(3) the amount of premiums actually returned to residents on account of applications not accepted or on account of policies not delivered; and

(4) the amount of unearned premiums returned on account of the cancellation of policies covering risks within the state.

(b) A domestic company shall be taxed under this section only in each calendar year with respect to which it files a notice of election. The notice of election shall be filed with the insurance commissioner and the commissioner of the department of state revenue on or before November 30 in each year and shall state that the domestic company elects to submit to the tax imposed by this section with respect to the calendar year commencing January 1 next following the filing of the notice. The exemption from license fees, privilege, or other taxes accorded by this section to insurance companies not organized under the laws of this state and doing business within this state which are taxed under this chapter shall be applicable to each domestic company in each calendar year with respect to which it is taxed under this section. In each calendar year with respect to which a domestic company has not elected to be taxed under this section it shall be taxed without regard to this section.

(c) For the privilege of doing business in this state, every insurance company required to file the report provided in this section shall pay into the treasury of this state an amount equal to the excess, if any, of the gross premiums over the allowable deductions multiplied by one and three-tenths percent (1.3%).

(d) Payments of the tax imposed by this section shall be made on a quarterly estimated basis. The amounts of the quarterly installments shall be computed on the basis of the total estimated tax liability for the current calendar year and the installments shall be due and payable on or before April 15, June 15, September 15, and December 15, of the current calendar year.

(e) Any balance due shall be paid in the next succeeding calendar year at the time designated for the filing of the annual report with the department.

(f) Any overpayment of the estimated tax during the preceding calendar year shall be allowed as a credit against the liability for the first installment of the current calendar year.

(g) In the event a company subject to taxation under this section fails to make any quarterly payment in an amount equal to at least:

(1) twenty-five percent (25%) of the total tax paid during the preceding calendar year; or

(2) twenty per cent (20%) of the actual tax for the current calendar year;

the company shall be liable, in addition to the amount due, for interest in the amount of one percent (1%) of the amount due and unpaid for each month or part of a month that the amount due, together with interest, remains unpaid. This interest penalty shall be exclusive of and in addition to any other fee, assessment, or charge made by the department.

(h) The taxes under this article shall be in lieu of all license fees or privilege or other tax levied or assessed by this state or by any municipality, county, or other political subdivision of this state. No municipality, county, or other political subdivision of this state shall impose any license fee or privilege or other tax upon any insurance company or any of its agents for the privilege of doing an insurance business in the municipality, county, or other political subdivision, except the tax authorized by IC 22-12-6-5. However, the taxes authorized under IC 22-12-6-5 shall be credited against the taxes provided under this chapter. This section shall not be construed to prohibit the levy and collection of state, county, or municipal taxes upon real and tangible personal property of such company, or to prohibit the levy of any retaliatory tax, fine, penalty, or fee provided by law. However, all insurance companies, foreign or domestic, paying taxes in this state predicated in part on their premium income from policies sold and premiums received in Indiana, shall have the same rights and privileges from further taxation and shall be given the same credits wherever applicable, as those set out for those companies paying only a tax on premiums as set out in this section.

(i) Any insurance company failing or refusing, for more than thirty (30) days, to render an accurate account of its premium receipts as provided in this section and pay the tax due thereon shall be subject to a penalty of one hundred dollars ($100) for each additional day such report and payment shall be delayed, not to exceed a maximum penalty of ten thousand dollars ($10,000). The penalty may be ordered by the commissioner after a hearing under IC 4-21.5-3. The commissioner may revoke all authority of such defaulting company to do business within this state, or suspend such authority during the period of such default, in the discretion of the commissioner.

Formerly: Acts 1935, c.162, s.235; Acts 1963, c.301, s.1; Acts 1971, P.L.386, SEC.1. As amended by P.L.252-1985, SEC.77; P.L.245-1987, SEC.15; P.L.268-1999, SEC.7; P.L.144-2000, SEC.2; P.L.81-2012, SEC.7; P.L.136-2018, SEC.162.
Ind. Code § 27-9-2-1 — Indiana Code / Title 27 / Article 9 / Chapter 2 / Section 27-9-2-1
Practices or condition of domestic insurers requiring control or supervision
Status: in_force

Sec. 1. (a) Whenever the commissioner has reasonable cause to believe, and determines, after a hearing held under IC 4-21.5-3, that any domestic insurer has committed or engaged in, or is about to commit or engage in, any act, practice, or transaction that would subject it to a delinquency proceeding under IC 27-9-3-1 or IC 27-9-3-6, the commissioner may make and serve upon the insurer and any other persons involved, any orders reasonably necessary to correct, eliminate, or remedy that conduct, condition, or ground.

(b) If the commissioner has reasonable cause to believe that any domestic insurer is in such condition as to render the continuance of its business hazardous to the public or to holders of its policies or certificates of insurance, or if that domestic insurer gives its consent, the commissioner shall upon his determination issue an order:

(1) notifying the insurer of his determination; and

(2) providing the insurer with a written list of the commissioner's requirements to correct its business practices.

(c) If the commissioner makes a determination to supervise an insurer subject to an order under subsection (a) or (b), the commissioner shall notify the insurer that it is under the supervision of the commissioner. If the insurer is a reorganized insurer under IC 27-14 (before its repeal) or IC 27-14.5, the commissioner may also determine to supervise the mutual insurance holding company that is affiliated with the reorganized insurer, regardless of whether another basis exists for supervising the mutual insurance holding company. If the commissioner makes a determination to supervise a mutual insurance holding company, the commissioner shall notify the mutual insurance holding company that it is under the supervision of the commissioner.

(d) During the period of supervision, the commissioner may appoint a supervisor to supervise the insurer. The order appointing a supervisor must direct the supervisor to enforce orders issued under subsection (a) or (b). The order may also provide that the insurer may not do any of the following things, during the period of supervision, without the prior approval of the commissioner or his supervisor:

(1) Dispose of, convey, or encumber any of its assets or its business in force.

(2) Withdraw funds from any of its bank accounts.

(3) Lend any of its funds.

(4) Invest any of its funds.

(5) Transfer any of its property.

(6) Incur any debt, obligation, or liability.

(7) Merge or consolidate with another company.

(8) Enter into any new reinsurance contract or agreement.

(9) Restrict the writing of new business on the renewal of existing business.

(e) Any insurer subject to an order under this section must comply with the lawful requirements of the commissioner and, if placed under supervision, has sixty (60) days from the date the supervision order is served within which to comply with the requirements of the commissioner. In the event of the insurer's failure to comply within those time requirements, the commissioner may institute proceedings under IC 27-9-3-1 or IC 27-9-3-6 to have a rehabilitator or liquidator appointed, or extend the period of supervision.

(f) During the period of supervision, the insurer may request the commissioner to review any action taken or proposed to be taken by the supervisor, specifying the reason the action complained of is believed not to be in the best interest of the insurer.

(g) If a person violates a supervision order issued under this section, he is civilly liable up to ten thousand dollars ($10,000).

(h) The commissioner may apply for and the Marion County circuit court may grant, under IC 4-21.5-6, orders as are necessary and proper to enforce a supervision order.

(i) In the event that a person subject to this article knowingly violates any valid order of the commissioner issued under this section and, as a result of that violation, the net worth of the insurer is reduced or the insurer suffers loss it would not otherwise have suffered, that person is personally liable to the insurer for the amount of that reduction or loss. The commissioner or supervisor is authorized to bring an action on behalf of the insurer in the Marion County circuit court to recover the amount of the reduction or loss together with any costs.

As added by Acts 1979, P.L.255, SEC.1. Amended by P.L.7-1987, SEC.155; P.L.5-2000, SEC.2; P.L.226-2023, SEC.25.
Ind. Code § 27-8-19.8-20 — Indiana Code / Title 27 / Article 8 / Chapter 19.8 / Section 27-8-19.8-20
Repealed
Status: repealed

As added by P.L.130-1994, SEC.47 and P.L.116-1994, SEC.70. Repealed by P.L.32-1998, SEC.32.
Ind. Code § 27-1-44.6-6 — Indiana Code / Title 27 / Article 1 / Chapter 44.6 / Section 27-1-44.6-6
Membership
Status: in_force

Sec. 6. (a) The advisory board consists of the following:

(1) The executive director of the all payer claims data base operated under IC 27-1-44.5.

(2) The following members, appointed by the governor:

(A) One (1) individual representing the Indiana Hospital Association.

(B) One (1) individual who is a physician or surgeon and is not employed by or contracted to predominantly provide health care services at a hospital licensed under IC 16-21-2 or a hospital system.

(C) One (1) individual representing a small employer that purchases a group health plan for its employees.

(D) One (1) individual representing a large employer that purchases a group health plan for its employees.

(E) One (1) individual representing a self-insured employer.

(F) One (1) individual from a firm that processes claims for health plans.

(G) One (1) individual representing a domestic insurance company that issues policies of accident and sickness insurance (as defined in IC 27-8-5-1).

(H) One (1) individual representing pharmacists or an affiliate society.

(3) The nonvoting advisory members described in subsection (b).

Individuals appointed to represent an employer under subdivision (2)(C) through (2)(E) may not represent an employer who is a health care facility or provider or a supplier or broker of health plans.

(b) The following are nonvoting advisory members of the advisory board:

(1) The commissioner of the department of insurance or a designee of the commissioner.

(2) The secretary of family and social services or a designee of the secretary.

(3) The commissioner of the Indiana department of health or a designee of the commissioner.

(4) Two (2) members of the senate, who may not be members of the same political party, appointed by the president pro tempore of the senate with the advice of the minority leader of the senate.

(5) Two (2) members of the house of representatives, who may not be members of the same political party, appointed by the speaker of the house of representatives with the advice of the minority leader of the house of representatives.

As added by P.L.195-2021, SEC.12. Amended by P.L.56-2023, SEC.243; P.L.42-2024, SEC.147.
Ind. Code § 27-8-34-6 — Indiana Code / Title 27 / Article 8 / Chapter 34 / Section 27-8-34-6
Coverage of telehealth services; prohibition on requiring use of specific information technology application
Status: in_force

Sec. 6. (a) A policy must provide coverage for telehealth services in accordance with the same clinical criteria as the policy provides coverage for the same health care services delivered in person.

(b) Coverage for telehealth services required by subsection (a) may not be subject to a dollar limit, deductible, or coinsurance requirement that is less favorable to a covered individual than the dollar limit, deductible, or coinsurance requirement that applies to the same health care services delivered to a covered individual in person.

(c) Any annual or lifetime dollar limit that applies to telehealth services must be the same annual or lifetime dollar limit that applies in the aggregate to all items and services covered under the policy.

(d) A separate consent for telehealth services may not be required.

(e) If a policy provides coverage for telehealth services via:

(1) secure videoconferencing;

(2) store and forward technology; or

(3) remote patient monitoring technology;

between a provider in one (1) location and a patient in another location, the policy may not require the use of a specific information technology application for those services.

As added by P.L.185-2015, SEC.25. Amended by P.L.85-2021, SEC.29.
Ind. Code § 27-11-9-3 — Indiana Code / Title 27 / Article 11 / Chapter 9 / Section 27-11-9-3
Violations
Status: in_force

Sec. 3. (a) A person who knowingly makes any false or fraudulent statement or representation in or with reference to any application for membership or for the purpose of obtaining money from or benefits in any society transacting business under this chapter, commits a Class A misdemeanor.

(b) A person who solicits membership for any fraternal beneficiary association not licensed to do business in Indiana, or for any society not authorized to do business in Indiana, commits a Class C infraction.

(c) Any person who knowingly violates, neglects, or refuses to comply with a provision of this article for which a penalty is not otherwise prescribed commits a Class B misdemeanor.

As added by P.L.262-1985, SEC.1.
Ind. Code § 27-13-2-8 — Indiana Code / Title 27 / Article 13 / Chapter 2 / Section 27-13-2-8
Waiver of rights under bankruptcy laws
Status: in_force

Sec. 8. The commissioner may not issue a certificate of authority to operate a health maintenance organization unless the applicant has submitted to the commissioner a written waiver of the health maintenance organization's rights under the federal bankruptcy laws.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-1-2-4 — Indiana Code / Title 27 / Article 1 / Chapter 2 / Section 27-1-2-4
Violation of Indiana Insurance Law
Status: in_force

Sec. 4. A person who recklessly violates the Indiana Insurance Law (chapters 2 through 20 of this article) commits a Class C infraction, except as otherwise provided. However, except as otherwise provided, the violation is a Class C misdemeanor if the person has a prior unrelated adjudication or conviction for a violation under this section within the previous five (5) years.

As added by Acts 1978, P.L.2, SEC.2701. Amended by P.L.82-1998, SEC.1; P.L.32-2019, SEC.22.
Ind. Code § 27-1-48-1 — Indiana Code / Title 27 / Article 1 / Chapter 48 / Section 27-1-48-1
"Covered individual"
Status: in_force

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

As added by P.L.190-2023, SEC.24.
Ind. Code § 27-1-37.5-9 — Indiana Code / Title 27 / Article 1 / Chapter 37.5 / Section 27-1-37.5-9
Repealed
Status: repealed

As added by P.L.77-2018, SEC.2. Repealed by P.L.144-2025, SEC.18.
Ind. Code § 27-1-24.2-14 — Indiana Code / Title 27 / Article 1 / Chapter 24.2 / Section 27-1-24.2-14
Network requirements; annual report; review of a network; confidential information and data
Status: in_force

Sec. 14. (a) An insurer, a pharmacy benefit manager, or any other administrator of pharmacy benefits that utilizes a network to provide pharmacy or pharmacist services under a health plan shall ensure that the network is reasonably adequate and accessible with respect to the provision of pharmacy or pharmacist services.

(b) A reasonably adequate and accessible network with respect to the provision of pharmacy or pharmacist services must, at a minimum:

(1) offer an adequate number of accessible pharmacies that are not mail order pharmacies; and

(2) provide convenient access to pharmacies that are not mail order pharmacies within a reasonable distance of not more than thirty (30) miles from each insured's residence, to the extent that pharmacy or pharmacist services are available.

(c) An insurer, a pharmacy benefit manager, and any other administrator of pharmacy benefits shall file an annual report with the commissioner in a manner and form prescribed by the commissioner. The annual report must describe the networks of the insurer, pharmacy benefit manager, or other administrator that are utilized for the provision of pharmacy or pharmacist services under a health plan.

(d) The commissioner shall review each network reported under subsection (c) to ensure that the network complies with this section.

(e) All information and data acquired by the department under this section that is generally recognized as confidential or proprietary is confidential for the purposes of IC 5-14-3-4 and may not be disclosed by the department. However, the department may publicly disclose aggregated information that is not descriptive of any readily identifiable person or entity.

As added by P.L.189-2025, SEC.1.
Ind. Code § 27-8-5-31.5 — Indiana Code / Title 27 / Article 8 / Chapter 5 / Section 27-8-5-31.5
Insurer removing prescription drug from formulary or changing cost sharing; written notice and appeal process
Status: in_force

Sec. 31.5. (a) This section applies to a policy of accident and sickness insurance that is issued, entered into, amended, or renewed after June 30, 2020.

(b) The definitions in section 30 of this chapter apply throughout this section.

(c) This section applies to an insurer that uses a formulary or cost sharing review for prescription drug coverage.

(d) An insurer shall not remove a prescription drug from the insurer's formulary or change the cost sharing requirements that apply to a prescription drug unless the insurer does the following:

(1) At least sixty (60) days before the removal or change is effective, sends written notice of the removal or change to each insured for whom the prescription drug has been prescribed during the plan year.

(2) Provides a timely appeal process through which an insured may request an extension of coverage for the prescription drug through the end of the plan year. The appeal process must consider the following:

(A) Clinical appropriateness that is evidence based.

(B) Whether the insured has been adherent to the prescription drug regimen long enough that discontinuation of the prescription drug would cause a significant barrier to the insured's adherence to or compliance with the insured's plan of care.

(C) Whether discontinuation of the prescription drug would worsen a comorbid condition of the insured.

(D) Whether discontinuation of the prescription drug would decrease the insured's ability to achieve or maintain reasonable functional ability to perform daily activities.

(e) If the request for an extension made by an insured under subsection (d) is supported by documentation from the prescribing health care provider, the insurer shall make a determination concerning the insured's request:

(1) in an urgent care situation, not more than one (1) business day after receiving the request; or

(2) in a non-urgent situation, not more than three (3) business days after receiving the request.

(f) If an appeal under subsection (d)(2) is granted, the insurer shall notify the insured and the insured's health care provider of the authorization for coverage of the prescription drug that was the subject of the appeal.

(g) An extension of coverage of a prescription drug through the end of the plan year under this section is permitted only once and may not be repeated unless otherwise provided by the insurer.

(h) Nothing under this section prohibits an insurer from removing a prescription drug from its formulary or denying an insured coverage if:

(1) the federal Food and Drug Administration has issued a statement about the prescription drug that calls into question the clinical safety of the prescription drug;

(2) the manufacturer of the prescription drug has notified the federal Food and Drug Administration of a manufacturing discontinuance or potential discontinuance of the prescription drug as required by 21 U.S.C. 356c of the federal Food, Drug, and Cosmetic Act; or

(3) the manufacturer of the prescription drug has removed the prescription drug from the market.

(i) This chapter does not prohibit a pharmacist from substituting:

(1) a generically equivalent drug product for a brand name drug under IC 16-42-22; or

(2) a biosimilar biological product for a prescribed biological product under 16-42-25.

As added by P.L.114-2020, SEC.19.
Ind. Code § 27-1-24.5-27.5 — Indiana Code / Title 27 / Article 1 / Chapter 24.5 / Section 27-1-24.5-27.5
Pharmacist may not be required to collect higher copayment for prescription drug
Status: in_force

Sec. 27.5. A pharmacy benefit manager may not require a pharmacy or pharmacist to collect a higher copayment for a prescription drug from a customer than the pharmacy benefit manager allows the pharmacy or pharmacist to retain.

As added by P.L.114-2020, SEC.16. Amended by P.L.32-2021, SEC.82.
Ind. Code § 27-8-11-3 — Indiana Code / Title 27 / Article 8 / Chapter 11 / Section 27-8-11-3
Reimbursement agreements; immunity
Status: in_force

Sec. 3. (a) An insurer may:

(1) enter into agreements with providers relating to terms and conditions of reimbursement for health care services that may be rendered to insureds of the insurer, including agreements relating to the amounts to be charged the insured for services rendered or the terms and conditions for activities intended to reduce inappropriate care;

(2) issue or administer policies in this state that include incentives for the insured to utilize the services of a provider that has entered into an agreement with the insurer under subdivision (1); and

(3) issue or administer policies in this state that provide for reimbursement for expenses of health care services only if the services have been rendered by a provider that has entered into an agreement with the insurer under subdivision (1).

(b) Before entering into any agreement under subsection (a)(1), an insurer shall establish terms and conditions that must be met by providers wishing to enter into an agreement with the insurer under subsection (a)(1). These terms and conditions may not discriminate unreasonably against or among providers. For the purposes of this subsection, neither differences in prices among hospitals or other institutional providers produced by a process of individual negotiation nor price differences among other providers in different geographical areas or different specialties constitutes unreasonable discrimination. Upon request by a provider seeking to enter into an agreement with an insurer under subsection (a)(1), the insurer shall make available to the provider a written statement of the terms and conditions that must be met by providers wishing to enter into an agreement with the insurer under subsection (a)(1).

(c) No hospital, physician, pharmacist, or other provider designated in IC 27-8-6-1 willing to meet the terms and conditions of agreements described in this section may be denied the right to enter into an agreement under subsection (a)(1). When an insurer denies a provider the right to enter into an agreement with the insurer under subsection (a)(1) on the grounds that the provider does not satisfy the terms and conditions established by the insurer for providers entering into agreements with the insurer, the insurer shall provide the provider with a written notice that:

(1) explains the basis of the insurer's denial; and

(2) states the specific terms and conditions that the provider, in the opinion of the insurer, does not satisfy.

(d) In no event may an insurer deny or limit reimbursement to an insured under this chapter on the grounds that the insured was not referred to the provider by a person acting on behalf of or under an agreement with the insurer.

(e) No cause of action shall arise against any person or insurer for:

(1) disclosing information as required by this section; or

(2) the subsequent use of the information by unauthorized individuals.

Nor shall such a cause of action arise against any person or provider for furnishing personal or privileged information to an insurer. However, this subsection provides no immunity for disclosing or furnishing false information with malice or willful intent to injure any person, provider, or insurer.

(f) Nothing in this chapter abrogates the privileges and immunities established in IC 34-30-15 (or IC 34-4-12.6 before its repeal).

(g) This subsection does not apply to a rate schedule maintained by state or federal government payers. An insurer that enters into an agreement with a provider under subsection (a)(1) must provide the provider a current reimbursement rate schedule:

(1) every two (2) years; and

(2) when three (3) or more CPT code (as defined in IC 27-1-37.5-3) rates under the agreement are changed in a twelve (12) month period.

As added by P.L.140-1984, SEC.1. Amended by P.L.134-1994, SEC.1; P.L.191-1996, SEC.1; P.L.1-1998, SEC.151; P.L.1-1999, SEC.59; P.L.190-2023, SEC.29.
Ind. Code § 27-8-15-30 — Indiana Code / Title 27 / Article 8 / Chapter 15 / Section 27-8-15-30
Plan modifications prohibited
Status: in_force

Sec. 30. Except as permitted under sections 27 and 29 of this chapter, a small employer insurer shall not modify a health insurance plan with respect to:

(1) a small employer; or

(2) an eligible employee or dependent;

through riders, endorsements, or otherwise to restrict or exclude coverage or benefits for specific diseases, medical conditions, or services otherwise covered by the plan.

As added by P.L.93-1995, SEC.18.
Ind. Code § 27-8-13-9 — Indiana Code / Title 27 / Article 8 / Chapter 13 / Section 27-8-13-9
Medicare supplement policies; standards; preexisting medical conditions
Status: in_force

Sec. 9. (a) A Medicare supplement policy, contract, or certificate in force in Indiana may not contain benefits that duplicate benefits provided by Medicare. However, a change in Medicare coverage that becomes effective after a Medicare supplement policy, contract, or certificate is in force in Indiana and that causes a duplication of benefits does not void the policy, contract, or certificate.

(b) The commissioner shall adopt rules under IC 4-22-2 to establish specific standards for policy provisions of Medicare supplement policies and certificates. Such standards shall be in addition to and in accordance with Indiana law. No requirement of IC 27 relating to minimum required policy benefits other than the minimum standards contained in this chapter apply to Medicare supplement policies and certificates. The standards may cover, but are not limited to:

(1) terms of renewability;

(2) initial and subsequent conditions of eligibility;

(3) nonduplication of coverage;

(4) probationary periods;

(5) benefit limitations, exceptions, and reductions;

(6) elimination periods;

(7) requirements for replacement;

(8) recurrent conditions; and

(9) definitions of terms.

(c) The commissioner may adopt rules under IC 4-22-2 that specify prohibited policy provisions not specifically authorized by statute that, in the opinion of the commissioner, are unjust, unfair, or unfairly discriminatory to a person insured or proposed to be insured under a Medicare supplement policy or certificate.

(d) Notwithstanding any other law, a Medicare supplement policy or certificate shall not exclude or limit benefits for a loss incurred more than six (6) months after the effective date of the policy because the loss involves a preexisting condition. The policy or certificate shall not define a preexisting condition more restrictively than a condition for which medical advice was given or treatment was recommended by or received from a physician within six (6) months before the effective date of coverage.

(e) After June 30, 2020, an issuer that makes a Medicare supplement policy or certificate available to a person who is at least sixty-five (65) years of age and eligible for Medicare benefits as described in 42 U.S.C. 1395c(1) shall make at least one (1) Medicare supplement policy or certificate that meets the requirements of section 9.5 of this chapter available to an individual who is eligible for and enrolled in Medicare by reason of disability as described in 42 U.S.C. 426 and 42 U.S.C. 423. This subsection expires January 1, 2025.

As added by P.L.255-1989, SEC.6. Amended by P.L.126-1992, SEC.7; P.L.227-2019, SEC.2; P.L.28-2024, SEC.1.
Ind. Code § 27-1-7-4 — Indiana Code / Title 27 / Article 1 / Chapter 7 / Section 27-1-7-4
Shares of stock; classes; sale for less than par; shareholders' liability; preemptive rights
Status: in_force

Sec. 4. (a) Every stock company organized under this article shall have the right, when authorized by its articles of incorporation, to issue one (1) or more classes or kinds of shares of capital stock, any or all of which classes or kinds may consist of shares with par value or shares without par value, with full, limited, or no voting powers as provided in the articles of incorporation and with such designations, and such relative rights, preferences, qualifications, limitations, or restrictions as shall be stated and expressed in the articles of incorporation.

(b) No stock company organized under this article shall issue or sell any of its shares of stock having a par value for less than the par value thereof.

(c) The shareholders of any stock company organized under this article shall be liable for the debts of such stock company only to the extent of any unpaid portion of their subscriptions for shares of such company or any unpaid portion of the consideration for the issuance to them of shares of such stock company.

(d) The shareholders of such stock company shall not have preemptive rights to subscribe to any additional issues of shares of the capital stock of such company, except to the extent, if any, that such rights shall be fixed and prescribed in the articles of incorporation, or in a bylaw adopted by the board of directors of such stock company.

Formerly: Acts 1935, c.162, s.82; Acts 1969, c.164, s.3. As amended by P.L.252-1985, SEC.26.
Ind. Code § 27-2-11.1-3 — Indiana Code / Title 27 / Article 2 / Chapter 11.1 / Section 27-2-11.1-3
Individuals under the care and supervision of the department of child services; motor vehicle insurance
Status: in_force

Sec. 3. (a) As used in this section, "policy of motor vehicle insurance" means an insurance policy that provides the kind of insurance described in Class 2(f) of IC 27-1-5-1.

(b) An individual who:

(1) is at least sixteen (16) years of age;

(2) is under the care and supervision of the department of child services; and

(3) obtains approval from the juvenile court with jurisdiction over the individual's placement;

may contract for a policy of motor vehicle insurance and exercise every right, privilege, and benefit provided by a policy of motor vehicle insurance.

As added by P.L.116-2017, SEC.8.
Ind. Code § 27-1-45.2-8 — Indiana Code / Title 27 / Article 1 / Chapter 45.2 / Section 27-1-45.2-8
"Provider"
Status: in_force

Sec. 8. As used in this chapter, "provider" means an individual licensed or legally authorized to provide health care services.

As added by P.L.119-2026, SEC.1.
Ind. Code § 27-11-9-2 — Indiana Code / Title 27 / Article 11 / Chapter 9 / Section 27-11-9-2
Judicial review of decisions and findings of commissioner
Status: in_force

Sec. 2. All decisions and findings of the commissioner made under this article shall be subject to review by proper proceedings in any court of competent jurisdiction in this state.

As added by P.L.262-1985, SEC.1.
Ind. Code § 27-4-8-1 — Indiana Code / Title 27 / Article 4 / Chapter 8 / Section 27-4-8-1
Capital requirements
Status: in_force

Sec. 1. Any person or persons, or any copartnership, company, or corporation organized under the laws of any other state than this state, or any foreign country, and engaged in the business of insuring plate glass, shall be allowed and permitted to do and transact such business in this state when such company is possessed of at least one hundred thousand dollars ($100,000) of actual capital invested in the stock or bonds of some one (1) or more of the states of this Union or of the United States, or the bonds of some one (1) or more of the counties, cities, or towns of this state at the current value thereof, and when such company and its agents shall have fully complied with all the provisions and requirements of the laws of this state regulating foreign insurance companies, except so much thereof as requires a capital of two hundred thousand dollars ($200,000); provided, that companies engaged in insuring plate glass and having less than two hundred thousand dollars ($200,000) capital invested as required in this chapter shall not engage in or transact any other kind of business; provided, that whenever it shall appear to the insurance commissioner that any such company, having one hundred thousand dollars ($100,000) capital, shall have been, directly or indirectly, doing business in this state prior to March 9, 1889, he shall not issue license to such company, or authorize it to do business in this state, until it shall have paid all taxes, fees, and penalties which should have been chargeable to it had it, during such time, been authorized to do business in this state, and not violated any of the laws governing foreign insurance companies.

Formerly: Acts 1889, c.199, s.1. As amended by P.L.252-1985, SEC.179.
Ind. Code § 27-1-7.5-9 — Indiana Code / Title 27 / Article 1 / Chapter 7.5 / Section 27-1-7.5-9
Mandatory indemnification of director for expenses incurred in successful defense
Status: in_force

Sec. 9. Unless limited by its articles of incorporation, a corporation shall indemnify a director who was wholly successful, on the merits or otherwise, in the defense of any proceeding to which the director was a party because the director is or was a director of the corporation against reasonable expenses incurred by the director in connection with the proceeding.

As added by P.L.266-1987, SEC.6.
Ind. Code § 27-8-8-15 — Indiana Code / Title 27 / Article 8 / Chapter 8 / Section 27-8-8-15
Insolvent insurer proceedings; stay; setting aside judgment
Status: in_force

Sec. 15. All proceedings in which an insolvent insurer is a party in any court in Indiana shall be stayed for one hundred eighty (180) days from the date an order of liquidation is entered to permit proper legal action by the association on matters germane to its powers or duties. As to judgment under any decision, order, verdict, or finding based on default, the association may apply to have the judgment set aside by the same court that made the judgment and is entitled to defend against the suit on the merits.

As added by Acts 1978, P.L.129, SEC.3. Amended by P.L.193-2006, SEC.28; P.L.276-2013, SEC.34.
Ind. Code § 27-7-2-6 — Indiana Code / Title 27 / Article 7 / Chapter 2 / Section 27-7-2-6
By-laws of bureau
Status: in_force

Sec. 6. The bureau shall make by-laws for its government and for the government of its members. Such by-laws and amendments thereto shall be filed with and approved by the insurance commissioner before they shall be effective.

Formerly: Acts 1935, c.323, s.6.
Ind. Code § 27-1-18-3 — Indiana Code / Title 27 / Article 1 / Chapter 18 / Section 27-1-18-3
Amendment of articles; filing copies; effect
Status: in_force

Sec. 3. Each foreign or alien corporation admitted to do business in this state shall keep on file in the office of the department a duly authenticated copy of each instrument amending its articles of incorporation or association, but the filing of any such instrument shall not of itself enlarge or alter the character of business which the foreign corporation is authorized to transact in this state as set forth in the certificate of admission, unless such foreign corporation apply for and receive an amended certificate of admission as provided for in section 4 of this chapter.

Formerly: Acts 1935, c.162, s.236. As amended by P.L.252-1985, SEC.78.
Ind. Code § 27-8-5.7-12 — Indiana Code / Title 27 / Article 8 / Chapter 5.7 / Section 27-8-5.7-12
Prohibition on denial of claim based on out of network provider referral
Status: in_force

Sec. 12. (a) This section applies to a policy of accident and sickness insurance that is issued, delivered, amended, or renewed after June 30, 2025.

(b) An insurer may not deny a claim for reimbursement for a covered service or item provided to an insured on the sole basis that the referring provider is an out of network provider.

As added by P.L.144-2025, SEC.37 and P.L.215-2025, SEC.63.
Ind. Code § 27-1-51-3 — Indiana Code / Title 27 / Article 1 / Chapter 51 / Section 27-1-51-3
"Cost sharing"
Status: in_force

Sec. 3. As used in this chapter, "cost sharing" means any copayment, coinsurance, deductible, or other similar charge that is:

(1) required of a covered individual for a health care service covered by a policy of health insurance coverage, including a prescription drug; and

(2) paid:

(A) by; or

(B) on behalf of;

the covered individual.

As added by P.L.237-2025, SEC.10.
Ind. Code § 27-2-27-16 — Indiana Code / Title 27 / Article 2 / Chapter 27 / Section 27-2-27-16
Information security program; requirements
Status: in_force

Sec. 16. (a) A licensee shall develop, implement, and maintain a comprehensive, written information security program that:

(1) is based on the risk assessment required under section 17 of this chapter; and

(2) contains administrative, technical, and physical safeguards for the protection of nonpublic information and the licensee's information systems.

(b) An information security program must accomplish the following:

(1) Protect the security and confidentiality of nonpublic information and information systems.

(2) Protect against any threats or hazards to the security or integrity of nonpublic information and information systems.

(3) Protect against unauthorized access to or use of nonpublic information and minimize the likelihood of harm to a consumer.

(4) Define and periodically reevaluate a schedule for retention of nonpublic information and a procedure for its destruction when no longer needed.

As added by P.L.130-2020, SEC.10.
Ind. Code § 27-8-24.1-3 — Indiana Code / Title 27 / Article 8 / Chapter 24.1 / Section 27-8-24.1-3
"Inherited metabolic disease"
Status: in_force

Sec. 3. As used in this chapter, "inherited metabolic disease" means a disease:

(1) caused by inborn errors of amino acid, organic acid, or urea cycle metabolism; and

(2) treatable by the dietary restriction of one (1) or more amino acids.

As added by P.L.166-2003, SEC.2.
Ind. Code § 27-1-24.5-22.6 — Indiana Code / Title 27 / Article 1 / Chapter 24.5 / Section 27-1-24.5-22.6
Filing complaints with department of insurance
Status: in_force

Sec. 22.6. (a) If a pharmacy benefit manager denies an appeal under section 22(a)(2) of this chapter, the appealing contracted pharmacy, pharmacy services administrative organization, or group purchasing organization may file a complaint with the department not later than thirty (30) days from the date of the denial. The department may request additional information from either party as necessary to resolve a complaint.

(b) If a contracted pharmacy or pharmacy services administrative organization believes that its contract with a pharmacy benefit manager contains an unlawful contractual provision regarding reimbursement rates, the contracted pharmacy or pharmacy services administrative organization may file a complaint with the department.

(c) A pharmacy benefit manager that receives written notice of a complaint filed under this section shall promptly conduct an investigation of the matters alleged in the complaint. Not later than twenty (20) business days after the date of the complaint, the pharmacy benefit manager shall provide to the department and the complaining party a written report containing the following information:

(1) The specific actions taken by the pharmacy benefit manager with respect to:

(A) the appeal, for a complaint filed under subsection (a); or

(B) the contract, for a complaint filed under subsection (b).

(2) A good faith estimate of the time required for a resolution of the complaint.

(d) If a pharmacy believes that its contract with a pharmacy services administrative organization contains an unlawful contractual provision regarding reimbursement rates, the pharmacy may file a complaint with the department.

(e) The department shall establish a process for complaints filed under this section.

As added by P.L.196-2021, SEC.25.
Ind. Code § 27-8-5.7-11.5 — Indiana Code / Title 27 / Article 8 / Chapter 5.7 / Section 27-8-5.7-11.5
Error in coordination of benefits; submission of claim to appropriate insurer
Status: in_force

Sec. 11.5. (a) If an insurer or a health maintenance organization (as defined in IC 27-13-36.2-2) recoups payment from a provider due to an error in coordination of benefits, the provider may submit a claim for the same services to the appropriate insurer.

(b) Except as provided in subsection (d) and notwithstanding any other provision of law, a provider may submit a claim to the appropriate insurer not later than ninety (90) days after the date the recoupment is made.

(c) A provider that submits a claim under this section shall provide documentation to the insurer demonstrating:

(1) the original submission of the claim to the initial insurer or health maintenance organization; and

(2) the recoupment of payment by the initial insurer or health maintenance organization due to an error in coordination of benefits.

(d) Nothing in this section prevents an insurer from allowing a provider more time to submit a claim.

As added by P.L.88-2026, SEC.11.
Ind. Code § 27-1-12.5-7 — Indiana Code / Title 27 / Article 1 / Chapter 12.5 / Section 27-1-12.5-7
Maturity date determination
Status: in_force

Sec. 7. For the purpose of determining the benefits calculated under sections 5 and 6, in the case of an annuity contract under which an election may be made to have annuity payments commence at optional maturity dates, the maturity date shall be deemed to be the latest date for which election shall be permitted by the contract, but shall not be deemed to be later than the anniversary of the contract next following the annuitant's seventieth birthday or the tenth anniversary of the contract, whichever is later.

As added by Acts 1977, P.L.286, SEC.1.
Ind. Code § 27-1-17-9 — Indiana Code / Title 27 / Article 1 / Chapter 17 / Section 27-1-17-9
Hazardous financial condition
Status: in_force

Sec. 9. (a) If, upon satisfactory evidence, it appears to the commissioner that any foreign or alien insurance company doing business in this state is in a hazardous financial condition as evidenced by the existence of any conditions indicated by, but not limited to, the following, he shall take such action as set forth in subsection (b) or (c), compliance herewith not precluding action under other provisions of law:

(1) It cannot meet the current applicable requirements for the conduct of the business of insurance in this state.

(2) It has commenced, or has attempted to commence, any voluntary liquidation or dissolution proceeding, or any proceeding to procure the appointment of a receiver, liquidator, rehabilitator, sequestrator, conservator, or similar officer for itself.

(3) It is the subject of liquidation or dissolution proceedings undertaken by another state, or any other proceeding undertaken by another state to procure the appointment of a receiver, liquidator, rehabilitator, sequestrator, conservator, or similar officer.

(4) Its further transaction of business would be hazardous to its policyholders, contract holders, or the public as shown by the following conduct or other conduct:

(A) Investment practices not providing availability within a reasonable time of sufficient moneys to promptly meet any demand which might in the ordinary course of business be properly made against it.

(B) Embezzlement, sequestration, or wrongful diversion of any of its assets by any of its officers or directors.

(C) Willful violation of its charter or any law of this state.

(b) Upon finding that a company is in a hazardous financial condition as described in subsection (a), the commissioner shall order the company to take such action as reasonably may be required to correct the situation, such as the following:

(1) Requiring the company to reduce the volume of new business being accepted to an amount and period of time specified by the commissioner in the manner prescribed by his order.

(2) Requiring the submission of such reinsurance contracts for approval and make such requirements relative to the company's reinsurance program as the commissioner deems necessary to protect the interests of Indiana policyholders.

(3) Requiring the company to reinsure all or any part of its Indiana business with a company duly authorized to transact such business in this state.

(4) Requiring a contribution to surplus which will increase the company's surplus for such a period of time, and by such an amount, and in such a manner, as the commissioner may deem necessary and essential.

(5) Requiring the company to maintain a special deposit with the commissioner of insurance of this state in cash or securities of the kinds in which a domestic insurer is permitted to invest its funds, in an amount not less than the lesser of:

(A) the amounts required to be maintained as reserves, for losses and loss adjustment expenses on Indiana business and reserves for unearned premiums on Indiana business. (In determining the amount of deposit required by this subdivision, the reserves for losses, loss adjustment expenses, and unearned premiums shall be reduced only for reinsurance cessions to approved reinsurers which maintain with an independent custodian cash or marketable securities in an amount not less than the sum of the reinsurer's reserves for losses, loss adjustment expenses, and unearned premiums in regard to reinsurance assumed); and

(B) six hundred thousand dollars ($600,000).

Any deposit required by this subsection shall be for the protection and benefit of Indiana policyholders or claimants only and shall not be withdrawn without the consent of the commissioner. The commissioner shall require such reports as may be necessary to implement supervision of any order issued under this subsection.

(c) If the company fails to comply with the commissioner's order under subsection (b) within sixty (60) days or if the commissioner finds that the company's financial condition is so serious as to make any efforts under subsection (b) meaningless to the company's policyholders, claimants, or the public, the commissioner shall suspend the authority granted to such company to do business in this state. If no demand for a hearing is made by the suspended company within thirty (30) days after suspension, such suspension shall become a revocation of the authority to transact the business of insurance in this state. Any such hearing shall be held in compliance with IC 4-21.5-3. If during such a hearing satisfactory evidence is forced to indicate that the company is in a hazardous financial condition as described in subsection (a), the commissioner shall revoke the authority of the company to transact the business of insurance in this state.

As added by Acts 1977, P.L.281, SEC.4. Amended by P.L.7-1987, SEC.138.
Ind. Code § 27-1-46.5-1 — Indiana Code / Title 27 / Article 1 / Chapter 46.5 / Section 27-1-46.5-1
"Direct to employer health care arrangement"
Status: in_force

Sec. 1. As used in this chapter, "direct to employer health care arrangement" means an arrangement between:

(1) a hospital;

(2) a hospital system;

(3) an Indiana nonprofit hospital system; or

(4) a narrow network of hospitals;

and an employer that provides health care benefits for covered services under an employee benefits plan.

As added by P.L.216-2025, SEC.46.
Ind. Code § 27-8-13-18 — Indiana Code / Title 27 / Article 8 / Chapter 13 / Section 27-8-13-18
Review and approval of proposed advertisements
Status: in_force

Sec. 18. Every issuer of Medicare supplement insurance policies or certificates in Indiana shall provide a copy of any Medicare supplement advertisement intended for use in Indiana whether through written, radio, or television medium to the commissioner for review or approval by the commissioner to the extent required under Indiana law.

As added by P.L.255-1989, SEC.15. Amended by P.L.126-1992, SEC.15.
Ind. Code § 27-3-3-3 — Indiana Code / Title 27 / Article 3 / Chapter 3 / Section 27-3-3-3
Dissent and demand by subsidiary stockholder; withdrawal; notice and offer; acceptance; appraisal; procedure
Status: in_force

Sec. 3. Within thirty (30) days after delivery of the plan of acquisition or an approved summary thereof to shareholders as provided in section 2 of this chapter, any shareholder of the subsidiary insurer may notify the subsidiary insurer in writing of the shareholder's dissent from the plan and of the shareholder's demand for payment of fair value of the shareholder's voting stock, and, if the acquisition proposed in the plan is effected, the subsidiary insurer shall pay to each dissenting shareholder, upon surrender of the certificate or certificates representing the affected voting stock, the fair value thereof as of the day prior to the date on which the plan of acquisition was adopted by the board of directors of the parent corporation, excluding any appreciation or depreciation in anticipation of, or resulting from, that corporate action. Dissent and demand under this section shall be accompanied by the certificate or certificates representing the dissenting shareholder's voting stock for notation thereon that dissent and demand have been made, unless a court of competent jurisdiction, for good and sufficient cause shown, shall otherwise direct. Dissent and demand shall only be made jointly by holders of voting stock jointly held. Any shareholder failing to make the dissent and demand accompanied by certificates representing the shareholder's voting stock within the thirty (30) day period shall be bound by the terms and conditions of the plan of acquisition. Any shareholder making dissent and demand accompanied by certificates representing the shareholder's voting stock shall thereafter have no rights with respect to that voting stock except the right to receive payment therefor under this section, and a transferee of voting stock shall acquire by the transfer no rights other than those which the original dissenting shareholder had after making dissent and demand.

No dissent and demand may be withdrawn unless the president or a vice-president of the subsidiary insurer shall consent thereto in writing. If, however, dissent and demand is withdrawn upon such consent, or if the plan of acquisition is abandoned, or if a dissenting shareholder fails to submit for notation or surrender for payment the certificate or certificates representing the shareholder's voting stock at the time and in the manner required by this section, or if a dissenting shareholder does not file a petition for a determination of fair value of the shareholder's voting stock within the time and in the manner provided in this section and the subsidiary insurer does not file a petition for such determination, or if a court of competent jurisdiction determines that a dissenting shareholder is not entitled to the relief provided by this section, then the right of the dissenting shareholder to be paid the fair value of the shareholder's voting stock shall cease and the shareholder's status and rights shall be the same as a shareholder failing to make dissent and demand, without prejudice to any corporate proceedings which may have been taken during the interim.

Within sixty (60) days after the acquisition proposed in the plan is effected, the subsidiary insurer shall give written notice thereof to each shareholder who has made dissent and demand as in this section provided, and shall make a written offer to each dissenting shareholder to pay for the shareholder's voting stock a specified price deemed by the subsidiary insurer to be the fair value thereof. This notice and offer shall be made when deposited in the United States mails, postage prepaid, addressed to the dissenting shareholder at the shareholder's address of record. If the offer is accepted in writing by the dissenting shareholder, the subsidiary insurer shall pay the specified price to the dissenting shareholder upon surrender of the certificate or certificates representing the shareholder's voting stock. Upon such payment the dissenting shareholder shall cease to have any interest in such voting stock and such voting stock shall be retired by the subsidiary insurer pursuant to IC 27-1-8-12.

If within thirty (30) days after the date of the mailing of the written offer the subsidiary insurer and a dissenting shareholder do not agree in writing upon the fair value, the subsidiary insurer or the dissenting shareholder may, within ninety (90) days after the date of the mailing of the written offer, petition the circuit or superior court of the county in which the principal office of the subsidiary insurer is located to appraise the fair value of the voting stock as of the day prior to the date on which the plan of acquisition was adopted by the board of directors of the parent corporation, excluding any appreciation or depreciation in anticipation of, or resulting from, that corporate action. If more than one (1) petition is filed, the petitions may be consolidated or joint hearings may be held thereon. The practice, procedure and judgment in the circuit or superior court shall be the same, so far as practical, as that under the eminent domain laws in this state. The judgment of the circuit or superior court shall be final. A judgment shall be payable only upon and concurrently with the surrender by such dissenting shareholder to the subsidiary insurer of the certificate or certificates representing the voting stock. Upon payment of the judgment, the dissenting shareholder shall cease to have any interest in the voting stock and such voting stock shall be retired by the subsidiary insurer pursuant to IC 27-1-8-12.

This section shall provide the exclusive method for dissenting from a plan of acquisition effected pursuant to this chapter and demanding payment of fair value of the voting stock acquired or to be acquired under such a plan.

Formerly: Acts 1973, P.L.278, SEC.1. As amended by P.L.86-2018, SEC.206.
Ind. Code § 27-1-37.2-7 — Indiana Code / Title 27 / Article 1 / Chapter 37.2 / Section 27-1-37.2-7
Contracts with nonprofit organizations
Status: in_force

Sec. 7. The department may contract with a nonprofit organization to provide the services required under this chapter.

As added by P.L.258-2001, SEC.1.
Ind. Code § 27-1-13-12 — Indiana Code / Title 27 / Article 1 / Chapter 13 / Section 27-1-13-12
Insurance rating bureau; division of representation
Status: in_force

Sec. 12. The representation of Indiana insurors on such governing body of such rating bureau described in section 10 of this chapter shall be equally divided as between domestic stock and mutual insurors, and the number of members on such governing body of such rating bureau shall be fixed so this can be accomplished.

Formerly: Acts 1935, c.162, s.180c; Acts 1947, c.269, s.3. As amended by P.L.252-1985, SEC.70.
Ind. Code § 27-8-32-3 — Indiana Code / Title 27 / Article 8 / Chapter 32 / Section 27-8-32-3
"Insured"
Status: in_force

Sec. 3. 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.46-2009, SEC.1.
Ind. Code § 27-1-24.7-7 — Indiana Code / Title 27 / Article 1 / Chapter 24.7 / Section 27-1-24.7-7
Contract requirement of notice to policyholder
Status: in_force

Sec. 7. An agreement to which this chapter applies must contain a contractual provision that requires the pharmacy benefit manager to provide on an annual basis, not later than sixty (60) days after the end of each policy year, a notice to a policyholder that states the following:

(1) An explanation of what a rebate is.

(2) An explanation of how rebates accrue to a health plan from a manufacturer.

(3) The aggregate amount of rebates for all prescription drugs dispensed or administered to covered individuals on the policyholder's health plan that accrued to the health plan during the previous policy year. This information may not include any information about an individual prescription drug, including the name, manufacturer, quantity, or dosage of a prescription drug.

The notice required by this section may be provided by first class mail or electronic mail.

As added by P.L.216-2025, SEC.42.
Ind. Code § 27-15-11-4 — Indiana Code / Title 27 / Article 15 / Chapter 11 / Section 27-15-11-4
Sufficiency of assets
Status: in_force

Sec. 4. The assets allocated to the closed block, together with the revenue from the closed block, must be reasonably sufficient to:

(1) support the business in the closed block until the time the last policy in the closed block has terminated, including payment of claims and those expenses and taxes as are specified in the plan of conversion; and

(2) provide for:

(A) continuation of dividend scales in effect on the date the board of directors adopted the resolution proposing the plan of conversion, if the experience underlying those scales continues; and

(B) appropriate adjustments in the scales if the experience changes.

As added by P.L.94-1999, SEC.3.
Ind. Code § 27-1-6-17 — Indiana Code / Title 27 / Article 1 / Chapter 6 / Section 27-1-6-17
Examination of proposed companies; revocation and renewal of permit and insurance producer's authority
Status: in_force

Sec. 17. The commissioner may, personally or through the commissioner's deputies and assistants, examine into the affairs of any such proposed company and inspect its books and papers, and may summon and examine under oath any officer or insurance producer or any person who is or has been connected with such company, and if the commissioner finds the company is violating the law, or if the company shall not be qualified for a certificate of authority within one (1) year from date of its permit, the commissioner may revoke its permit; and if the commissioner finds an insurance producer of such company has violated the law, the commissioner may revoke the insurance producer's authority, and the commissioner may for the insurance producer's violation revoke the company's permit. Any revocation shall be after notice and hearing. The commissioner may renew any company's permit or agent's authority which the commissioner has revoked.

Formerly: Acts 1935, c.162, s.76. As amended by P.L.178-2003, SEC.14.
Ind. Code § 27-8-24.7-1 — Indiana Code / Title 27 / Article 8 / Chapter 24.7 / Section 27-8-24.7-1
"Health insurance policy" defined
Status: in_force

Sec. 1. As used in this chapter, "health insurance policy" means any individual or group accident and sickness policy, contract, subscriber agreement, rider, endorsement, or any contract providing for the delivery of health care benefits, delivered or issued for delivery in Indiana after June 30, 1996, by any of the following:

(1) An insurer.

(2) A fraternal benefit society.

(3) A nonprofit corporation.

(4) A health maintenance organization (as defined in IC 27-13-1-19).

(5) A preferred provider arrangement under IC 27-8-11.

As added by P.L.192-1996, SEC.2.
Ind. Code § 27-15-12-1 — Indiana Code / Title 27 / Article 15 / Chapter 12 / Section 27-15-12-1
Delay of distribution
Status: in_force

Sec. 1. All or part of the consideration to be distributed to some or all of the eligible members may be delayed by more than six (6) months following the effective date of the plan of conversion if:

(1) the plan of conversion includes a provision for the establishment of a trust for that purpose; and

(2) one (1) or more of the following claims have been asserted against a converting mutual and remain unresolved at the effective date of the plan of conversion:

(A) A claim seeking the imposition of a constructive or charitable trust on assets of the converting mutual for the benefit of policyholders, members, or other identified or unidentified persons.

(B) A claim seeking distribution or return of assets, or other form of compensation, from the converting mutual to policyholders, members, or other identified or unidentified persons.

(C) A claim that arises out of or relates to the ownership interest of members of the converting mutual, or to the value of their ownership interests, including any claim that challenges a statutory transaction engaged in by the converting mutual before the effective date of the plan of conversion.

As added by P.L.94-1999, SEC.3.
Ind. Code § 27-1-42-10 — Indiana Code / Title 27 / Article 1 / Chapter 42 / Section 27-1-42-10
Limits of certificate of insurance
Status: in_force

Sec. 10. A certificate of insurance does not:

(1) amend, extend, or alter the coverage provided under; or

(2) confer to a person any rights in addition to the rights expressly provided in;

the policy of property or casualty insurance to which the certificate of insurance refers.

As added by P.L.70-2013, SEC.1.
Ind. Code § 27-10-2-4 — Indiana Code / Title 27 / Article 10 / Chapter 2 / Section 27-10-2-4
Qualifications of surety
Status: in_force

Sec. 4. Every surety for the release of a person on bail shall be qualified as:

(1) an insurer as defined and meeting the qualifications prescribed in IC 27-1-5-1, and represented by a bail agent as defined in and meeting the qualifications prescribed in this article; or

(2) a person who:

(A) has reached the age of eighteen (18) years;

(B) is a citizen of the United States;

(C) has been a bona fide resident of Indiana for at least one (1) year immediately preceding the execution of the bond;

(D) is related to the person for whom release on bail is sought within the third degree of affinity; and

(E) owns real or tangible personal property in Indiana with a net asset value that is acceptable to the proper authority approving the bond.

As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.6.
Ind. Code § 27-1-6-10 — Indiana Code / Title 27 / Article 1 / Chapter 6 / Section 27-1-6-10
Articles of incorporation; submission to secretary of state; filing
Status: in_force

Sec. 10. When the articles of incorporation have been approved by the attorney-general and returned to the department, then the department shall present the same to the secretary of state for the state of Indiana. If the secretary of state finds that the articles of incorporation conform to law, he shall indorse his approval upon each of the triplicate copies of the articles, and when all fees have been paid as required by law, he shall file one (1) copy in his office and return the other two (2) copies to the incorporators or their representatives.

Formerly: Acts 1935, c.162, s.70.
Ind. Code § 27-8-29-16 — Indiana Code / Title 27 / Article 8 / Chapter 29 / Section 27-8-29-16
Binding determinations
Status: in_force

Sec. 16. A determination made under section 15 of this chapter is binding on the insurer.

As added by P.L.66-2001, SEC.3 and P.L.203-2001, SEC.14.
Ind. Code § 27-5.1-2-25 — Indiana Code / Title 27 / Article 5.1 / Chapter 2 / Section 27-5.1-2-25
Notice of contract to manage or control; commissioner determination; managing general agent
Status: in_force

Sec. 25. (a) A person that intends to enter into a contract for the exclusive or dominant right to manage or control a farm mutual insurance company shall file notice of the contract with the commissioner at least thirty (30) days before entering into the contract.

(b) The commissioner may approve a contract or proposed contract described in subsection (a) only if the contract is not detrimental to:

(1) the policyholders of the farm mutual insurance company; or

(2) the public.

(c) If the commissioner disapproves a contract or proposed contract described in subsection (a), the commissioner shall provide written notice of the disapproval to the parties to the contract. A person that entered into a contract described in subsection (a) may not manage or control the farm mutual insurance company under the contract after receiving notice of the commissioner's disapproval of the contract.

(d) A person that enters into a contract for the exclusive or dominant right to manage or control a farm mutual insurance company is the managing general agent (as defined in IC 27-1-33-4) of the farm mutual insurance company and shall comply with the requirements that apply to a managing general agent under IC 27.

As added by P.L.129-2003, SEC.8.
Ind. Code § 27-1-39-7 — Indiana Code / Title 27 / Article 1 / Chapter 39 / Section 27-1-39-7
Establishing self-insurance consortium and trust
Status: in_force

Sec. 7. (a) Notwithstanding any other law, two (2) or more independent postsecondary educational institutions may establish a trust under Indiana law to establish and maintain a self-insurance consortium through which the independent educational institutions jointly maintain a self-insurance fund to cover certain retained risks and jointly purchase stop-loss insurance coverage. The coverage for retained risks or stop-loss insurance coverage provided for through the trust may include any of the following types of coverage:

(1) Property and casualty coverage.

(2) Worker's compensation coverage.

(3) Employee health coverage.

(4) Employee vision coverage.

(5) Employee dental coverage.

(6) Other coverage.

(b) If the coverage described in subsection (a)(3), (a)(4), or (a)(5) is provided through the self-insurance fund, the coverage must be provided through a multiple employer welfare arrangement regulated under IC 27-1-34.

As added by P.L.38-2006, SEC.1. Amended by P.L.2-2007, SEC.354.
Ind. Code § 27-8-6-4 — Indiana Code / Title 27 / Article 8 / Chapter 6 / Section 27-8-6-4
Reimbursement for services; application of section; prohibitions excluded
Status: in_force

Sec. 4. (a) This section does not apply to any of the following:

(1) A health maintenance organization (as defined in IC 27-13-1-19) or limited service health maintenance organization (as defined in IC 27-13-34-4).

(2) A preferred provider plan (as defined in IC 27-8-11-1).

(3) An employee benefit program that is subject to the federal Employee Retirement Income Security Act (29 U.S.C. 1001 et seq.).

(4) Worker's compensation for an injury to or occupational disease of an employee under IC 22-3.

(b) A group or individual policy or agreement providing comprehensive accident and health benefits must reimburse an insured for services rendered by a provider licensed under IC 25-10 within the scope of that provider's license in the same manner as that policy or agreement reimburses an insured for services rendered by a provider licensed under IC 25-22.5 within the scope of that provider's license. The policy or agreement may not exclude or otherwise limit reimbursement for any service that a provider licensed under IC 25-10 renders under the scope of that provider's license in the diagnosis and treatment of any illness or injury. This section does not require that a health care policy or agreement cover a particular illness or injury.

(c) This section does not prohibit the following:

(1) The application of coinsurance and deductible provisions to providers licensed under IC 25-10 on the same basis as those provisions are applied to providers licensed under IC 25-22.5.

(2) The application of cost containment or quality assurance measures to providers licensed under IC 25-10 on the same basis as those measures are applied to providers licensed under IC 25-22.5.

(3) A review of the necessity of services that applies to services rendered by providers licensed under IC 25-10 on the same basis as the review applies to services provided by providers licensed under IC 25-22.5.

As added by P.L.153-1990, SEC.1. Amended by P.L.26-1994, SEC.12.
Ind. Code § 27-15-1-5 — Indiana Code / Title 27 / Article 15 / Chapter 1 / Section 27-15-1-5
"Company action level RBC"
Status: in_force

Sec. 5. "Company action level RBC" has the meaning set forth in IC 27-1-36-6.

As added by P.L.94-1999, SEC.3.
Ind. Code § 27-8-5-12 — Indiana Code / Title 27 / Article 8 / Chapter 5 / Section 27-8-5-12
Supplementary character of chapter
Status: in_force

Sec. 12. This chapter while independent in its enactment of any other statute, is nevertheless a supplement to IC 27-1 and shall be so considered and construed. Accordingly, all general provisions of IC 27-1 shall be fully and completely applicable to the sections of this chapter in the same manner as though such sections were part of IC 27-1.

Formerly: Acts 1953, c.15, s.169.12. As amended by P.L.252-1985, SEC.308.