reglab/housing_qa huggingface dataset:
IN Code § 27-8-8-15 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 8. Indiana Life and Health Insurance Guaranty Association Law|27-8-8-15. Insolvent Insurer Proceedings; Stay; Setting Aside Judgment

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.
IN Code § 27-8-8-16 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 8. Indiana Life and Health Insurance Guaranty Association Law|27-8-8-16. Recoupment of Assessments

Sec. 16. A member insurer may take as a credit against premium taxes, adjusted gross income taxes, or any combination of them imposed by the state upon the member insurer's revenue or income not more than twenty percent (20%) of the amount of each assessment described in section 6 of this chapter for each calendar year following the year in which the assessment was paid until the assessment has been offset by either credits against the taxes or refunds from the association. If the member insurer ceases doing business, all uncredited assessments may be credited against the member insurer's premium taxes, adjusted gross income taxes, or a combination of the premium taxes and adjusted gross income taxes of the member insurer for the year the member insurer ceases doing business.As added by Acts 1978, P.L.129, SEC.3. Amended by Acts 1979, P.L.255, SEC.2; Acts 1980, P.L.173, SEC.1; P.L.163-1986, SEC.2; P.L.192-2002(ss), SEC.168; P.L.193-2006, SEC.29.
IN Code § 27-8-8-16.2 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 8. Indiana Life and Health Insurance Guaranty Association Law|27-8-8-16.2. Premium Surcharge or Assignment in Lieu of Credit

Sec. 16.2. (a) A member insurer that is not eligible to take a credit under section 16 of this chapter may, after approval by the commissioner, place a surcharge on the member insurer's premiums in a sum reasonably calculated to recoup the member insurer's assessments over a reasonable period, as approved by the commissioner.(b) Any amount recouped under subsection (a) is not considered to be a premium for any other purpose, including computation of gross premium tax, medical loss ratio, or insurance producer commission.(c) In lieu of the surcharge allowed by subsection (a), a member insurer that is not eligible to take a credit under section 16 of this chapter may assign the credit to the member insurer's affiliate (as defined in IC 27-1-23-1(b)).As added by P.L.208-2018, SEC.24.
IN Code § 27-8-8-17 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 8. Indiana Life and Health Insurance Guaranty Association Law|27-8-8-17. Refunds From Association

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.
IN Code § 27-8-9-0.3 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 9. Primary Motor Vehicle Insurance Coverage|27-8-9-0.3. Certain Amendments Intended as Restatement of Section 8 of This Chapter; p.l.226-1993 Does Not Affect Rights, Liabilities, Penalties, Violations, or Proceedings Before May 10, 1993; Treatments of References to Section 8 of This Chapter

Sec. 0.3. (a) The amendments made to this chapter and the addition of IC 27-8-4-9.5 by P.L.226-1993 are intended to be a restatement of section 8 of this chapter (before its repeal).(b) The substantive operation and effect of section 8 of this chapter (before its repeal) continues uninterrupted.(c) P.L.226-1993 does not affect:(1) rights or liabilities accrued;(2) penalties incurred;(3) violations committed; or(4) proceedings begun;before May 10, 1993. Those rights, liabilities, penalties, offenses, or proceedings continue and shall be imposed and enforced under section 8 of this chapter (before its repeal) as if P.L.226-1993 had not been enacted.(d) A reference in a statute or rule to section 8 of this chapter shall be treated after May 10, 1993, as a reference to either of the following, whichever applies:(1) Section 10 of this chapter, as added by P.L.226-1993.(2) Section 11 of this chapter, as added by P.L.226-1993.As added by P.L.220-2011, SEC.439.
IN Code § 27-8-9-5 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 9. Primary Motor Vehicle Insurance Coverage|27-8-9-5. Application of Chapter

Sec. 5. This chapter applies only to policies affording motor vehicle insurance coverage that are issued or renewed after August 31, 1983.As added by Acts 1980, P.L.174, SEC.1. Amended by P.L.261-1983, SEC.1; P.L.226-1993, SEC.2.
IN Code § 27-8-9-6 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 9. Primary Motor Vehicle Insurance Coverage|27-8-9-6. Definitions

Sec. 6. (a) The definitions set forth in this section apply throughout this chapter.(b) "Garage liability policy" refers to any motor vehicle liability insurance policy that affords coverage to a named insured engaged in the business of selling, leasing, repairing, servicing, delivering, testing, road testing, parking, or storing motor vehicles, but does not refer to a motor vehicle liability insurance policy that affords coverage to a vehicle used in the business of transporting property for hire.(c) "Motor vehicle insurance coverage" means any type of insurance coverage described in IC 27-1-5-1, Class 2(f).(d) "Permittee" means any person who is granted permission to operate a motor vehicle by the owner of the motor vehicle.As added by P.L.261-1983, SEC.2. Amended by P.L.81-1991, SEC.11; P.L.226-1993, SEC.3.
IN Code § 27-8-9-7 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 9. Primary Motor Vehicle Insurance Coverage|27-8-9-7. Coverage for a Permittee or Passenger

Sec. 7. (a) This section does not apply to cases covered by section 10 or 11 of this chapter.(b) In any case arising from a permittee's use of a motor vehicle for which the owner of the vehicle has motor vehicle insurance coverage, the owner's motor vehicle insurance coverage is considered primary if both of the following apply:(1) The vehicle, at the time damage occurred, was operated with the permission of the owner of the motor vehicle.(2) The use was within the scope of the permission granted.(c) The permittee may not recover under any other motor vehicle insurance coverage available to the permittee until the limit of all coverage provided by the owner's policy is first exhausted.(d) In a case arising from an owner's use of a motor vehicle for which the owner of the vehicle has motor vehicle insurance coverage, the owner's motor vehicle insurance policy is considered primary for any claim made by a passenger in the motor vehicle.(e) A passenger in a motor vehicle at the time a case described in subsection (b) or (d) arises may not recover under any other motor vehicle insurance coverage available to the passenger until the limit of all coverage available to the passenger under the owner's motor vehicle insurance policy is first exhausted.As added by P.L.261-1983, SEC.3. Amended by P.L.226-1993, SEC.4; P.L.74-2009, SEC.1; P.L.93-2010, SEC.17.
IN Code § 27-8-9-9 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 9. Primary Motor Vehicle Insurance Coverage|27-8-9-9. Leased Motor Vehicles; Leased Vehicles Used in Transportation for Hire

Sec. 9. (a) When a claim arises from the operation of a motor vehicle leased under a written lease agreement, if under the agreement the lessee agrees to provide coverage for damage resulting from his operation of the vehicle, then the motor vehicle insurance coverage of the lessee is primary. No claim may be made against any coverage available for the vehicle by the lessor until the limits of the motor vehicle insurance coverage provided by the lessee for the vehicle are exhausted.(b) When a claim arises from the operation of a motor vehicle that is used in the business of transporting property for hire and leased under a written lease agreement, if under the agreement the lessor and lessee agree as to which coverage of the parties' motor vehicle insurance is primary coverage, then the policy of insurance providing that coverage is primary and no claim may be made against any other coverage for the vehicle until the limits of that policy are exhausted.As added by P.L.261-1983, SEC.5. Amended by P.L.81-1991, SEC.12; P.L.226-1993, SEC.5.
IN Code § 27-8-9-10 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 9. Primary Motor Vehicle Insurance Coverage|27-8-9-10. Garage Liability Policy as Owner's Only Coverage; Permittee's Coverage Primary

Sec. 10. (a) This section applies if the only motor vehicle insurance coverage provided by the owner of the motor vehicle is under a garage liability policy.(b) Notwithstanding section 7 of this chapter, any coverage available to the permittee is primary.(c) Recovery may not be made under the garage liability policy until the limits of all coverage available to the permittee have been exhausted.As added by P.L.226-1993, SEC.6.
IN Code § 27-8-9-11 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 9. Primary Motor Vehicle Insurance Coverage|27-8-9-11. Bailee's Coverage Primary

Sec. 11. (a) This section applies to a motor vehicle while under the control of either of the following:(1) A bailee.(2) An agent or employee of a bailee.(b) As used in this section, "bailee" refers only to a person who is in the business of storing, parking, servicing, or repairing vehicles.(c) Notwithstanding section 7 of this chapter, any coverage available to the bailee is primary.(d) Recovery may not be made under the vehicle owner's policy until the limits of all motor vehicle insurance coverage available to the bailee have been exhausted.As added by P.L.226-1993, SEC.7.
IN Code § 27-8-10-0.1 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 10. Comprehensive Health Insurance|27-8-10-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:(1) The addition of section 10 of this chapter by P.L.93-1995 applies to all small employer health insurance plans issued or renewed under IC 27-8-15, as amended by P.L.93-1995, after December 31, 1995.(2) The addition of sections 3.5 and 3.6 of this chapter by P.L.193-2003 applies to an association policy that is issued, delivered, amended, or renewed after June 30, 2003.(3) The amendments made to sections 2.1, 5.1, and 6 of this chapter by P.L.193-2003 apply to an association policy that is issued, delivered, amended, or renewed after June 30, 2003.(4) The addition of section 3.2 of this chapter by P.L.51-2004 applies to any billing that occurs on or after March 16, 2004, regardless of when the health care services to which the bill applies were provided.As added by P.L.220-2011, SEC.440.
IN Code § 27-8-10-2.3 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 10. Comprehensive Health Insurance|27-8-10-2.3. Reporting Requirements

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.
IN Code § 27-8-10-2.4 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 10. Comprehensive Health Insurance|27-8-10-2.4. Tax Credits

Sec. 2.4. (a) Beginning January 1, 2005, a member that, before January 1, 2005, has:(1) paid an assessment; and(2) not taken a credit against taxes;under section 2.1 of this chapter (as in effect December 31, 2004) is not entitled to claim or carry forward the unused tax credit except as provided in this section.(b) A member described in subsection (a) may, for each taxable year beginning after December 31, 2006, take a credit of not more than ten percent (10%) of the amount of the assessments paid before January 1, 2005, against which a tax credit has not been taken before January 1, 2005. A credit under this subsection may be taken against premium taxes, adjusted gross income taxes, or any combination of these, or similar taxes upon revenues or income of the member that may be imposed by the state, up to the amount of the taxes due for each taxable year.(c) If the maximum amount of a tax credit determined under subsection (b) for a taxable year exceeds a member's liability for the taxes described in subsection (b), the member may carry the unused portion of the tax credit forward to subsequent taxable years. Tax credits carried forward under this subsection are not subject to the ten percent (10%) limit set forth in subsection (b).(d) The total amount of credits taken by a member under this section in all taxable years may not exceed the total amount of assessments paid by the member before January 1, 2005, minus the total amount of tax credits taken by the member under section 2.1 of this chapter (as in effect December 31, 2004) before January 1, 2005.As added by P.L.51-2004, SEC.4.
IN Code § 27-8-10-2.5 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 10. Comprehensive Health Insurance|27-8-10-2.5. Members; General Requirements

Sec. 2.5. (a) A member shall comply with the association's plan of operation.(b) A member assessment under section 2.1 of this chapter is due not more than thirty (30) days after the member receives written notice of the assessment. A member that pays an assessment after the due date shall pay interest on the assessment at the rate of six percent (6%) per annum.As added by P.L.51-2004, SEC.5.
IN Code § 27-8-10-2.6 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 10. Comprehensive Health Insurance|27-8-10-2.6. Member and Health Care Provider Grievances

Sec. 2.6. (a) If a:(1) member is aggrieved by an act of the association; or(2) health care provider is aggrieved by an act of the association with respect to reimbursement to the provider under an association policy;the member or health care provider shall, not more than ninety (90) days after the act occurs, appeal to the board of directors for review of the act.(b) If:(1) within thirty (30) days after an appeal is filed under subsection (a), the board of directors has not acted on the appeal; or(2) a member or health care provider is aggrieved by a final action or decision of the board of directors;the member or health care provider may appeal to the commissioner.(c) An appeal to the commissioner under subsection (b) must be filed less than thirty (30) days after the:(1) expiration of the thirty (30) day period specified in subsection (b)(1); or(2) action or decision specified in subsection (b)(2).(d) The commissioner shall, not more than forty-five (45) days after an appeal is filed under subsection (c), take a final action or issue an order regarding the appeal.(e) A final action or order of the commissioner on an appeal filed under this section is subject to judicial review.(f) If a member or health care provider sues the association, the court shall not award to the member or health care provider:(1) attorney's fees or costs; or(2) punitive damages.As added by P.L.51-2004, SEC.6.
IN Code § 27-8-10-3.2 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 10. Comprehensive Health Insurance|27-8-10-3.2. Balance Billing

Sec. 3.2. Except as provided in section 3.6 of this chapter, a health care provider shall not bill an insured for any amount that exceeds:(1) the payment made by the association under the association policy for eligible expenses incurred by the insured; and(2) any copayment, deductible, or coinsurance amounts applicable under the association policy.As added by P.L.51-2004, SEC.8.
IN Code § 27-8-10-3.5 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 10. Comprehensive Health Insurance|27-8-10-3.5. Chronic Disease and Pharmaceutical Management Programs

Sec. 3.5. (a) The association shall:(1) approve and implement chronic disease management and pharmaceutical management programs based on:(A) an analysis of the highest cost health care services covered under association policies;(B) a review of chronic disease management and pharmaceutical management programs used in populations similar to insureds; and(C) a determination of the chronic disease management and pharmaceutical management programs expected to best improve health outcomes in a cost effective manner;(2) consider recommendations of the drug utilization review board established by IC 12-15-35-19 concerning chronic disease management and pharmaceutical management programs;(3) when practicable, coordinate programs adopted under this section with comparable programs implemented by the state; and(4) implement a copayment structure for prescription drugs covered under an association policy.(b) A program approved and implemented under this section may not require prior authorization for a prescription drug that is prescribed for the treatment of:(1) human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS) and is included on the AIDS drug assistance program formulary adopted by the state department of health under the federal Ryan White CARE Act (42 U.S.C. 300ff et seq.); or(2) hemophilia according to recommendations of the:(A) Advisory Committee on Blood Safety and Availability of the United States Department of Health and Human Services; or(B) Medical and Scientific Advisory Council of the National Hemophilia Foundation.(c) The copayment structure implemented under subsection (a) must be based on an annual actuarial analysis.(d) A disease management program for which federal funding is available is considered to be approved by the association under this section.(e) An insured who has a chronic disease for which at least one (1) chronic disease management program is approved under this section shall participate in an approved chronic disease management program for the chronic disease as a condition of coverage of treatment for the chronic disease under an association policy.As added by P.L.193-2003, SEC.5.
IN Code § 27-8-10-3.6 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 10. Comprehensive Health Insurance|27-8-10-3.6. Mail Order or Internet Based Pharmacy

Sec. 3.6. (a) The association shall approve a mail order or Internet based pharmacy (as defined in IC 25-26-18-1) through which an insured may obtain prescription drugs covered under an association policy.(b) A prescription drug that is covered under an association policy is covered if the prescription drug is obtained from:(1) a pharmacy approved under subsection (a); or(2) a pharmacy that:(A) is not approved under subsection (a); and(B) agrees to sell the prescription drug at the same price as a pharmacy approved under subsection (a).(c) A prescription drug that is:(1) covered under an association policy; and(2) obtained from a pharmacy not described in subsection (b);is covered for an amount equal to the price at which a pharmacy described in subsection (b) will sell the prescription drug, with the remainder of the charge for the prescription drug to be paid by the insured.As added by P.L.193-2003, SEC.6.
IN Code § 27-8-10-4 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 10. Comprehensive Health Insurance|27-8-10-4. Policies; Deductible and Coinsurance Requirements; Limitations

Sec. 4. (a) Subject to the limitation provided in subsection (c), an association policy offered in accordance with this chapter must impose a five hundred dollar ($500) deductible on a per person per policy year basis. The deductible must be applied to the first five hundred dollars ($500) of eligible expenses incurred by the covered person.(b) Subject to the limitation provided in subsection (c), a mandatory coinsurance requirement shall be imposed at the rate of twenty percent (20%) of eligible expenses in excess of the mandatory deductible.(c) The maximum aggregate out-of-pocket payments for eligible expenses by the insured in the form of deductibles and coinsurance may not exceed one thousand five hundred dollars ($1,500) per individual or two thousand five hundred dollars ($2,500) per family, per policy year.As added by Acts 1981, P.L.249, SEC.1. Amended by P.L.253-1989, SEC.4.
IN Code § 27-8-10-6 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 10. Comprehensive Health Insurance|27-8-10-6. Policies; Renewal Provisions; Election to Continue Coverage Upon Death of Policyholder

Sec. 6. (a) An association policy offered under this chapter must contain provisions under which the association is obligated to renew the contract until:(1) the date on which coverage terminates under section 5.1 of this chapter; or(2) the day on which the individual in whose name the contract is issued first becomes eligible for Medicare coverage, except that in a family policy covering both husband and wife, the age of the younger spouse must be used as the basis for meeting the durational requirement of this subdivision.(b) The association may not change the rates for association policies or Medicare supplement policies except on a class basis with a clear disclosure in the policy of the association's right to do so.(c) An association policy offered under this chapter must provide that upon the death of the individual in whose name the contract is issued, every other individual then covered under the contract may elect, within a period specified in the contract, to continue coverage under the same or a different contract until such time as he would have ceased to be entitled to coverage had the individual in whose name the contract was issued lived.As added by Acts 1981, P.L.249, SEC.1. Amended by P.L.116-1994, SEC.68; P.L.193-2003, SEC.8.
IN Code § 27-8-10-7 (2021)
2021 Indiana Code|Title 27. Insurance|Article 8. Life, Accident, and Health|Chapter 10. Comprehensive Health Insurance|27-8-10-7. Rules; Adoption

Sec. 7. The commissioner may adopt rules, under IC 4-22-2, that:(1) provide for disclosure by carriers of the availability of insurance coverage from the association; and(2) implement this chapter.As added by Acts 1981, P.L.249, SEC.1.