reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 5.9. Short Term Insurance Plan › 27-8-5.9-9. Health Promotion and Disease Prevention Programs

Sec. 9. This chapter does not prevent an insurer from establishing a premium discount, a rebate, or out-of-pocket payment modifications in return for adherence to programs of health promotion and disease prevention.
As added by P.L.288-2019, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 6. Reimbursement for Certain Medical Services › 27-8-6-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The addition of section 4 of this chapter by P.L.153-1990 applies to a group or an individual policy or agreement providing comprehensive accident and health benefits that is issued, entered into, or renewed after June 30, 1990.
As added by P.L.220-2011, SEC.437.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 6. Reimbursement for Certain Medical Services › 27-8-6-1. Professional Services for Which Reimbursement Authorized

Sec. 1. Notwithstanding any provision of any individual or group policy of accident and health insurance, or any provision of a policy, contract, plan, or agreement for hospital or medical service or indemnity, wherever such policy, contract, plan, or agreement provides for reimbursement for any service which is in the lawful scope of practice of a duly licensed dentist, health service provider in psychology, podiatrist, osteopath, optometrist, or chiropractor, the person entitled to benefits or the person performing services under the policy, contract, plan, or agreement shall be entitled to reimbursement on an equal basis for such service, whether the service is performed by a physician, dentist, health service provider in psychology, podiatrist, osteopath, optometrist, or chiropractor duly licensed under the laws of this state.
Formerly: Acts 1969, c.409, s.1; Acts 1974, P.L.126, SEC.1. As amended by P.L.260-1985, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 6. Reimbursement for Certain Medical Services › 27-8-6-2. Prior Policies

Sec. 2. The provisions of section 1 of this chapter shall not apply to any policy, contract, plan, or agreement in effect prior to May 1, 1969.
Formerly: Acts 1969, c.409, s.2. As amended by P.L.252-1985, SEC.311.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 6. Reimbursement for Certain Medical Services › 27-8-6-3. Application of Amendments by Acts 1974, p.l.126

Sec. 3. The amendments to this chapter made by Acts 1974, P.L.126 do not apply to a policy, contract, plan, or agreement in effect before June 11, 1974.
As added by P.L.1-1989, SEC.55.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 6. Reimbursement for Certain Medical Services › 27-8-6-4. Reimbursement for Services; Application of Section; Prohibitions Excluded

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.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 6. Reimbursement for Certain Medical Services › 27-8-6-5. Indemnity for Services Provided by Certified Registered Nurse Anesthetist

Sec. 5. (a) As used in this section, "certified registered nurse anesthetist" has the meaning set forth in IC 25-23-1-1.4.
(b) As used in this section, "insured" means an individual who is entitled to the benefits provided by a policy of accident and sickness insurance. The term includes the following:
(1) The policyholder of an individual policy of accident and sickness insurance.
(2) A member of the group covered by a group policy of accident and sickness insurance.
(3) An individual who is entitled to coverage under a policy of accident and sickness insurance as a spouse or dependent of an individual referred to in subdivision (1) or (2).
(c) As used in this section, "insurer" has the meaning set forth in IC 27-1-2-3.
(d) As used in this section, "policy of accident and sickness insurance" has the meaning set forth in IC 27-8-5-1.
(e) An insurer that issued a policy of accident and sickness insurance that indemnifies an insured for anesthesiology services shall indemnify an insured under the policy for any covered anesthesiology services provided by a certified registered nurse anesthetist.
As added by P.L.258-1995, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 6. Reimbursement for Certain Medical Services › 27-8-6-6. Coverage for Athletic Trainer Services

Sec. 6. (a) As used in this section, "policy of accident and sickness insurance" has the meaning set forth in IC 27-8-5-1. However, the term does not include the following:
(1) Accident only, credit, dental, vision, Medicare supplement, long term care, or disability income insurance.
(2) Coverage issued as a supplement to liability insurance.
(3) Automobile medical payment insurance.
(4) A specified disease policy.
(5) A short term insurance plan that:
(A) may be renewed for the greater of:
(i) thirty-six (36) months; or
(ii) the maximum period permitted under federal law;
(B) has a term of not more than three hundred sixty-four (364) days; and
(C) has an annual limit of at least two million dollars ($2,000,000).
(6) A policy that provides indemnity benefits not based on any expense incurred requirement, including a plan that provides coverage for:
(A) hospital confinement, critical illness, or intensive care; or
(B) gaps for deductibles or copayments.
(7) A supplemental plan that always pays in addition to other coverage.
(b) A policy of accident and sickness insurance that provides coverage for physical medicine and rehabilitative services shall provide the coverage for physical medicine and rehabilitative services that are:
(1) rendered by an athletic trainer who is licensed under IC 25-5.1; and
(2) within the athletic trainer's scope of practice.
(c) This section does not require a policy of accident and sickness insurance to provide coverage for physical medicine or rehabilitative services generally.
As added by P.L.133-2011, SEC.1. Amended by P.L.288-2019, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 6. Reimbursement for Certain Medical Services › 27-8-6-7. Coverage for Substance Abuse or Chemical Dependency Treatment by Addiction Counselors, Clinical Addiction Counselors, and Marriage and Family Therapists

Sec. 7. (a) As used in this section, "policy of accident and sickness insurance" has the meaning set forth in IC 27-8-5-1.
(b) A policy of accident and sickness insurance that provides coverage for substance abuse or chemical dependency treatment shall provide the coverage for substance abuse or chemical dependency treatment that is:
(1) rendered by:
(A) an addiction counselor; or
(B) a clinical addiction counselor;
who is licensed under IC 25-23.6-10.5; and
(2) within the scope of practice of the addiction counselor or clinical addiction counselor.
(c) A policy of accident and sickness insurance that provides coverage for substance abuse or chemical dependency treatment shall provide the coverage for substance abuse or chemical dependency treatment that is rendered by a marriage and family therapist licensed under IC 25-23.6-8 if the rendered service is within the scope of practice of the marriage and family therapist.
(d) This section does not require a policy of accident and sickness insurance to provide coverage for substance abuse or chemical dependency treatment generally.
As added by P.L.195-2018, SEC.17.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 6. Reimbursement for Certain Medical Services › 27-8-6-8. Reimbursement for Emergency Medical Services

Sec. 8. (a) As used in this section, "emergency medical services" has the meaning set forth in IC 16-18-2-110.
(b) As used in this section, "emergency medical services provider organization" means a provider of emergency medical services that is certified by the Indiana emergency medical services commission as an advanced life support provider organization under rules adopted under IC 16-31-3.
(c) As used in this section, "policy of accident and sickness insurance" has the meaning set forth in IC 27-8-5-1. However, for purposes of this section, the term does not include the following:
(1) Accident only, credit, dental, vision, Medicare supplement, long term care, or disability income insurance.
(2) Coverage issued as a supplement to liability insurance.
(3) Automobile medical payment insurance.
(4) A specified disease policy.
(5) A policy that provides a stipulated daily, weekly, or monthly payment to an insured without regard to the actual expense of the confinement.
(6) A short term insurance plan (as defined in IC 27-8-5.9-3).
(d) A policy of accident and sickness insurance that provides coverage for emergency medical services must provide reimbursement for emergency medical services that are:
(1) rendered by an emergency medical services provider organization;
(2) within the emergency medical services provider organization's scope of practice;
(3) performed or provided as advanced life support services; and
(4) performed or provided during a response initiated through the 911 system regardless of whether the patient is transported.
(e) Reimbursement for basic and advanced life support services through a policy to which this section applies must be provided on an equal basis regardless of whether the services involve transportation of the patient by ambulance.
(f) If multiple emergency medical services provider organizations qualify and submit a claim for reimbursement under this section for an encounter, the insurer:
(1) may reimburse under this section only for one (1) claim per patient encounter; and
(2) shall reimburse the claim submitted by the emergency medical services provider organization that performed or provided the majority of advanced life support services for the patient.
(g) The department may adopt rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1, to implement this section.
(h) This section does not require a policy of accident and sickness insurance to provide coverage for emergency medical services.
As added by P.L.115-2020, SEC.4. Amended by P.L.170-2022, SEC.37.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 8. Indiana Life and Health Insurance Guaranty Association Law › 27-8-8-0.3. Coverage Obligations Affected by Statutory Amendments; Governing Law

Sec. 0.3. (a) The association's coverage obligations under this chapter with respect to a member insurer that has a coverage date before March 28, 2006, are not affected by changes made by P.L.193-2006.
(b) The association's coverage obligations under this chapter with respect to a member insurer that has a coverage date before March 28, 2006, are governed by this chapter as it existed on January 1, 2006.
(c) The amendments made during the 2013 regular session of the general assembly to section 2.1 of this chapter do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before January 1, 2013.
(d) The amendment made during the 2013 regular session of the general assembly to section 2.3(e) of this chapter does not apply to a member insurer that has a coverage date before January 1, 2012.
(e) The amendments made during the 2013 regular session of the general assembly to section 2.3(f) of this chapter do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before January 1, 2013.
(f) The amendments made during the 2018 regular session of the general assembly to this chapter:
(1) do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before July 1, 2018; and
(2) apply to a member insurer that is placed under an order of rehabilitation or liquidation after June 30, 2018.
As added by P.L.220-2011, SEC.438. Amended by P.L.276-2013, SEC.30; P.L.208-2018, SEC.11.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 8. Indiana Life and Health Insurance Guaranty Association Law › 27-8-8-1. Repealed

As added by Acts 1978, P.L.129, SEC.3. Amended by P.L.1-1989, SEC.56; P.L.192-1991, SEC.3; P.L.1-1992, SEC.154; P.L.251-1995, SEC.18. Repealed by P.L.193-2006, SEC.32.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 8. Indiana Life and Health Insurance Guaranty Association Law › 27-8-8-2.1. Policy, Contract, Rider Descriptions; Plan Sponsor; Residency

Sec. 2.1. (a) For purposes of this chapter:
(1) a policy or contract issued on a blanket basis is a group policy or group contract;
(2) each individual insured under a policy or contract issued on a blanket basis is a certificate holder under the policy or contract; and
(3) a policy or contract issued on a franchise plan to members of a qualified group is a nongroup policy or nongroup contract.
(b) For purposes of this chapter, a benefit plan may have only one (1) plan sponsor.
(c) For purposes of this chapter, an individual who, on the applicable coverage date:
(1) is a citizen of the United States; and
(2) resides in a:
(A) foreign country; or
(B) United States possession, territory, or protectorate;
that does not have an association similar to the association created by this chapter;
is considered to be a resident of the state of domicile of the insurer that issued the policies or contracts.
(d) For purposes of this chapter, benefits provided under a long term care insurance rider to:
(1) a life insurance policy; or
(2) an annuity contract;
are considered to be the same kind of benefits as the benefits under the life insurance policy or annuity contract to which the rider benefits relate.
As added by P.L.193-2006, SEC.10. Amended by P.L.276-2013, SEC.32; P.L.208-2018, SEC.13.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 8. Indiana Life and Health Insurance Guaranty Association Law › 27-8-8-3. Creation of Association; Membership; Accounts; Supervision

Sec. 3. (a) There is created a nonprofit legal entity referred to as the Indiana Life and Health Insurance Guaranty Association. A member insurer shall be and remain a member of the association as a condition of the member insurer's authority to transact insurance in Indiana. The association shall perform its functions under the plan of operation established and approved under section 7 of this chapter. The association shall exercise its powers through a board of directors established under section 4 of this chapter. For purposes of administration and assessment the association shall maintain the following two (2) accounts:
(1) The health account.
(2) The life insurance and annuity account, which includes the following subaccounts:
(A) The life insurance subaccount.
(B) The annuity subaccount, which includes annuity contracts issued to or in connection with a governmental benefit plan established under Section 401, 403(b), or 457 of the United States Internal Revenue Code, but otherwise excludes unallocated annuities.
(C) The unallocated annuity subaccount, which excludes annuity contracts issued to or in connection with a governmental benefit plan established under Section 401, 403(b), or 457 of the United States Internal Revenue Code.
(b) The association is under the immediate supervision of the commissioner and subject to the applicable provisions of the insurance laws of Indiana.
As added by Acts 1978, P.L.129, SEC.3. Amended by P.L.130-1994, SEC.43; P.L.116-1994, SEC.61; P.L.193-2006, SEC.12; P.L.208-2018, SEC.15.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 8. Indiana Life and Health Insurance Guaranty Association Law › 27-8-8-4. Board of Directors

Sec. 4. (a) The board of directors of the association shall consist of not less than seven (7) nor more than eleven (11) member insurers serving terms established in the plan of operation. The members of the board shall be selected by member insurers subject to the approval of the commissioner.
(b) Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the commissioner.
(c) To select the initial board and initially organize the association, the commissioner shall give notice to all member insurers of the time and place of the organizational meeting. At the organizational meeting, each member insurer is entitled to one (1) vote in person or by proxy. If the board is not selected within sixty (60) days after notice of the organizational meeting, the commissioner may appoint the initial members of the board.
(d) In approving selections to the board, the commissioner shall consider whether all member insurers are fairly represented.
(e) Members of the board may be reimbursed from the assets of the association for expenses incurred by the members as members of the board. The association shall not otherwise compensate members of the board for the members' services on the board.
As added by Acts 1978, P.L.129, SEC.3. Amended by P.L.193-2006, SEC.13; P.L.208-2018, SEC.16.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 8. Indiana Life and Health Insurance Guaranty Association Law › 27-8-8-5.4. Association Obligations to Person Entitled to Coverage

Sec. 5.4. If the association has arranged or offered to discharge the association's obligations under this chapter with respect to contractual obligations owed to a person entitled to coverage under this chapter:
(1) the person, and any other person claiming by, through, or under the person, is not entitled to benefits from the association in addition to or other than benefits arranged or offered by the association; and
(2) the association is relieved of further obligation with respect to the contractual obligations if the person rejects, declines, or otherwise fails to accept the association's arrangement or offer.
As added by P.L.193-2006, SEC.16.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 8. Indiana Life and Health Insurance Guaranty Association Law › 27-8-8-5.5. Venue; Appeal Bond

Sec. 5.5. (a) Venue in a suit against the association is in Marion County.
(b) The association is not required to give an appeal bond in an appeal that relates to a cause of action arising under or with respect to this chapter.
As added by P.L.193-2006, SEC.17.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 8. Indiana Life and Health Insurance Guaranty Association Law › 27-8-8-6.2. Member Protesting Assessment

Sec. 6.2. (a) A member insurer that wishes to protest all or part of an assessment made under section 6 of this chapter shall pay when due the full amount of the assessment as set forth in the notice provided by the association. The payment is available to meet association obligations during the pendency of the protest or a subsequent appeal. Payment must be accompanied by a statement in writing that the payment is made under protest and set forth a brief statement of the grounds for the protest.
(b) Not more than sixty (60) days after the payment of an assessment under protest by a member insurer, the association shall notify the member insurer in writing of the association's determination with respect to the protest (unless the association notifies the member insurer that additional time is required to resolve the issues raised by the protest).
(c) Not more than sixty (60) days after receipt of notice of the association's determination with respect to a protest, the protesting member insurer may appeal the determination to the commissioner.
(d) Instead of making a determination with respect to a protest based on a question regarding the assessment base, the association may refer the protest to the commissioner for a determination, with or without a recommendation from the association.
(e) If a protest of an assessment is upheld, the amount paid by the protesting member insurer in error or excess must be returned to the member insurer. Interest on a refund due to a protesting member insurer must be paid at the rate actually earned by the association.
As added by P.L.193-2006, SEC.19.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 8. Indiana Life and Health Insurance Guaranty Association Law › 27-8-8-6.5. Association Requests for Information

Sec. 6.5. (a) The association may request information from a member insurer to aid in the exercise of the association's power under sections 6 and 6.2 of this chapter.
(b) A member insurer that receives a request under subsection (a) shall promptly comply with the request.
As added by P.L.193-2006, SEC.20.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 8. Indiana Life and Health Insurance Guaranty Association Law › 27-8-8-8. Powers and Duties of Commissioner; Appeals to Commissioner; Notice of Effect of Chapter

Sec. 8. (a) The commissioner shall do the following:
(1) Upon request of the board, provide the association with a statement of the premiums in Indiana and other appropriate states for each member insurer.
(2) When an impairment is declared and the amount of the impairment is determined, serve a demand on the impaired insurer to make good the impairment within a reasonable time. Notice to the impaired insurer shall constitute notice to its shareholders. The failure of the impaired insurer to promptly comply with the demand shall not excuse the association from the performance of its powers and duties under this chapter.
(3) In any liquidation or rehabilitation proceeding involving a domestic insurer, be appointed as the liquidator or rehabilitator.
(b) The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in Indiana of a member insurer that fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the commissioner may levy a forfeiture on a member insurer that fails to pay an assessment when due. A forfeiture shall not exceed five percent (5%) of the unpaid assessment per month, but no forfeiture shall be less than one hundred dollars ($100) per month.
(c) A final action of the association or the board may be appealed to the commissioner by a member insurer if the appeal is taken within sixty (60) days of the member insurer's receipt of notice of the final action being appealed. A final action or order of the commissioner is subject to judicial review in a court with jurisdiction in accordance with the Indiana law that applies to the actions or orders of the commissioner.
(d) The liquidator, rehabilitator, or conservator of an impaired insurer or insolvent insurer may notify all interested persons of the effect of this chapter.
As added by Acts 1978, P.L.129, SEC.3. Amended by P.L.193-2006, SEC.22; P.L.208-2018, SEC.20.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 8. Indiana Life and Health Insurance Guaranty Association Law › 27-8-8-11. Distributions to Affiliates; Recovery

Sec. 11. (a) Subject to subsections (b) through (d), if an order for liquidation or rehabilitation of a member insurer domiciled in Indiana has been entered, the receiver appointed under the order shall have a right to recover on behalf of the member insurer, from any affiliate that controlled it, the amount of distributions, other than stock dividends paid by the member insurer on its capital stock, made at any time during the five (5) years preceding the filing of the petition for liquidation or rehabilitation.
(b) A distribution described in subsection (a) is not recoverable if the member insurer shows that when the distribution was paid the distribution was lawful and reasonable, and that the member insurer did not know and could not reasonably have known that the distribution might adversely affect the ability of the member insurer to fulfill the member insurer's policy and contract obligations.
(c) A person who was an affiliate that controlled the member insurer at the time a distribution described in subsection (a) was paid is liable up to the amount of distributions the person received. A person who was an affiliate that controlled the member insurer at the time the distributions were declared shall be liable up to the amount of distributions that would have been received if the distributions had been paid immediately. If two (2) or more persons are liable with respect to the same distributions, they are jointly and severally liable.
(d) The maximum amount recoverable under this section shall be the amount needed in excess of all other available assets of the insolvent insurer to pay the policy and contract obligations of the insolvent insurer.
(e) If a person liable under subsection (c) is insolvent, the affiliates that controlled the person at the time the distribution was paid shall be jointly and severally liable for any resulting deficiency in the amount recovered from the insolvent affiliate.
As added by Acts 1978, P.L.129, SEC.3. Amended by P.L.193-2006, SEC.25; P.L.208-2018, SEC.23.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 8. Indiana Life and Health Insurance Guaranty Association Law › 27-8-8-12. Examination and Regulation of Association; Financial Report

Sec. 12. (a) The association is subject to examination and regulation by the commissioner. The association shall annually submit to the commissioner, not later than one hundred twenty (120) days after the end of the association's fiscal year, a financial report in a form approved by the commissioner and a report of its activities during the preceding fiscal year.
(b) Upon the request of a member insurer, the association shall provide to the member insurer a copy of the reports described in subsection (a).
As added by Acts 1978, P.L.129, SEC.3. Amended by P.L.193-2006, SEC.26.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 8. Indiana Life and Health Insurance Guaranty Association Law › 27-8-8-13. Association Tax and Fee Exemption

Sec. 13. The association is exempt from payment of all fees and all taxes levied by Indiana or any of its political subdivisions, except taxes levied on real property.
As added by Acts 1978, P.L.129, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 8. Indiana Life and Health Insurance Guaranty Association Law › 27-8-8-14. Liability for Performance Under Chapter

Sec. 14. (a) A member insurer and the member insurer's agents and employees, the association and the association's agents and employees, members of the board and representatives of the members of the board, and the commissioner and the commissioner's representatives are not liable for and no cause of action of any nature arises or may be brought against them for or in connection with an action or omission by any of them in the exercise and performance of their rights, powers, and duties under this chapter.
(b) Immunity under this section extends to:
(1) the participation in an organization of one (1) or more other state associations of similar purpose; and
(2) an organization described in subdivision (1) and an agent or employee of the organization.
As added by Acts 1978, P.L.129, SEC.3. Amended by P.L.193-2006, SEC.27.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 27. Insurance › Article 8. Life, Accident, and Health › Chapter 10. Comprehensive Health Insurance › 27-8-10-2. Repealed

As added by Acts 1981, P.L.249, SEC.1. Amended by P.L.253-1989, SEC.2; P.L.254-1989, SEC.1. Repealed by P.L.1-1990, SEC.261.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.