reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 20 - Property and Casualty Insurance › Rule 191-20.54 - Cancellation; Nonrenewal and Limitations; Review of Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The Plan shall
				not cancel or refuse to renew a policy issued by the Plan except for the
				following reasons:
a. Facts as confirmed by
				inspection or investigation that would have been grounds for nonacceptance of
				the risk by the Plan had they been known to the Plan at the time of
				acceptance.
b. Changes in the
				physical condition of the property or other changed conditions as confirmed by
				inspection or investigation that make the risk uninsurable pursuant to
				paragraph 20.54(1)
"i."
c. Nonpayment of premiums.
d. At least 65 percent of the rental units in the building are
				unoccupied, and the insured has not received prior approval from the Plan of a
				rehabilitation program that necessitates a high degree of
				unoccupancy.
e. Unrepaired damage
				exists and the insured has stated that repairs will not be made, or such time
				has elapsed as clearly indicates that the damage will not be
				repaired.
f. After a loss,
				permanent repairs have not been commenced within 60 days following payment of
				the claim, unless there are known to be extenuating circumstances. The 60-day
				period starts upon acceptance of payment of the claim.
g. There is good cause to believe, based on
				reliable information, that the building will be burned for the purpose of
				collecting the insurance on the property. The removal of damaged salvageable
				items, such as normally permanent fixtures, from the building shall be
				considered under this paragraph when the insured can provide no reasonable
				explanation for such removal.
h. A
				named insured or loss payee or other person having a financial interest in the
				property being convicted of the crime of arson or a crime involving a purpose
				to defraud an insurance company. The fact that an appeal has been entered shall
				not negate the use of this paragraph.
i. The property has been subject to more than two losses, each
				loss amounting to at least $500 or 1 percent of the insurance in force,
				whichever is greater, in the immediately preceding 12-month period, or more
				than three such losses in the immediately preceding 24-month period, provided
				that the cause of such losses is due to the conditions that are the
				responsibility of the owner named insured or due to the actions of any person
				defined as an insured under the policy.
j. Material misrepresentation in any statement to the
				Plan.
k. On homeowners policies,
				excessive theft or liability losses.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 20 - Property and Casualty Insurance › Rule 191-20.55 - Assessments

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Participation
				and assessments by and upon each insurer in the Plan for losses and expenses in
				connection with Plan business shall be levied and assessed by the governing
				committee of the Plan on the basis of participation factors determined
				annually, giving effect to the proportion that such insurer's weighted premiums
				written bears to the aggregate weighted premiums written by all insurers in the
				Plan.
(2) De minimis assessments.
				Any assessment of less than $100 shall not be billed to an insurer.
(3) Late payment fee. Assessments shall be
				due and payable when billed. If any member fails to pay an assessment within 60
				days after it is due, the insurer shall pay interest from the billing date at
				the rate of 1.5 percent per month. In the event that an insurer fails to pay
				any applicable late payment fee with an assessment, the amount of such unpaid
				late payment fee will be included in the amount of the insurer's next
				assessment.
(4) Credits for
				voluntary writings. The Plan may develop a voluntary writing credit policy,
				subject to approval by the commissioner. Credits may be used as offsets to
				member company assessments made by the Plan.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 20 - Property and Casualty Insurance › Rule 191-20.56 - Commission

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Commission to
				the licensed producer designated by the applicant shall be 10 percent of all
				policy premiums. The Plan shall not license or appoint producers.
(2) In the event of cancellation of a policy,
				or if an endorsement is issued that requires the premium to be returned to the
				insured, the producer shall refund proportionally to the Plan commissions on
				the return premium at the same rate at which such commissions were originally
				paid.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 20 - Property and Casualty Insurance › Rule 191-20.57 - Public Education

Current through Register Vol. 47, No. 3, July 24, 2024
In cooperation with the insurance commissioner, the Plan
				  shall undertake a continuing education program with insurers, producers and
				  consumers about the Plan's insurance program and its availability. All insurers
				  and producers shall cooperate fully in the continuing education program. Such
				  continuing education program will include the publication and distribution of
				  literature:
1. Describing the Plan and
				its general operation;
2.
				Explaining the possible cost savings of obtaining insurance in the voluntary
				market; and
3. Advising of the
				availability of rate comparison charts.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 20 - Property and Casualty Insurance › Rule 191-20.58 - Cooperation and Authority of Producers

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each insurer
				shall require its licensed producers to cooperate fully in the accomplishment
				of the intents and purposes of the Plan.
(2) Licensed insurance producers shall not
				act as agents for the Plan.
(3)
				Licensed insurance producers shall not do any of the following:
a. Bind coverage for the Plan.
b. Alter or change policies issued by the
				Plan.
c. Settle losses of the
				Plan.
d. Act on behalf of the Plan
				or commit the Plan to any course of action.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 20 - Property and Casualty Insurance › Rule 191-20.59 - Review by Commissioner

Current through Register Vol. 47, No. 3, July 24, 2024
The governing committee shall report to the commissioner the
				  name of any insurer or producer that fails to comply with the provisions of the
				  Plan or with any rules prescribed thereunder by the governing committee or to
				  pay within 30 days any assessment levied.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 20 - Property and Casualty Insurance › Rule 191-20.60 - Indemnification

Current through Register Vol. 47, No. 3, July 24, 2024
Each person serving on the governing committee or any of its
				  subcommittees, each member of the Plan, and the manager and each officer and
				  employee of the Plan shall be indemnified by the Plan against all cost,
				  settlement, judgment, and expense actually and necessarily incurred by that
				  person in connection with the defense of any action, suit, or proceeding in
				  which that person is made a party by reason of that person's being or having
				  been a member of the governing committee or a member or manager or officer or
				  employee of the Plan, except in relation to matters as to which that person has
				  been judged in an action, suit, or proceeding to be liable by reason of willful
				  misconduct in the performance of that person's duties as a member of the
				  governing committee or as a member, manager, officer or employee of the Plan.
				  This indemnification shall not apply to any loss, cost or expense on insurance
				  policy claims under the Plan. Indemnification under this rule shall not be
				  exclusive of other rights to which the member, manager, officer, or employee
				  may be entitled as a matter of law.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 20 - Property and Casualty Insurance › Rule 191-20.70 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of division III is to clarify what information an
				  insurance company regulated by the division may provide its customer in
				  connection with a commercial real estate transaction between the customer and a
				  lender.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 20 - Property and Casualty Insurance › Rule 191-20.71 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of division III, the following definitions shall
				  apply:
"ACORD"
means the Association for
				  Cooperative Operations Research and Development.
"Commercial real estate transaction"
means a
				  non-recourse commercial lending transaction in which the underlying property
				  serves as the primary collateral securing the borrower's repayment of the loan
				  and neither the borrower nor any of its members, partners, or shareholders, nor
				  any related person to any of the aforementioned persons, bears the economic
				  risk of loss in the event of a payment default under the terms of the lending
				  transaction.
"Division"
means the insurance
				  division.
"ISO"
means the Insurance Services Office,
				  Inc.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 20 - Property and Casualty Insurance › Rule 191-20.72 - Evidence of Insurance

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Prior to the
				issuance of an insurance policy by an insurer, an insured who has entered into
				a commercial real estate transaction may request that the relevant insurer or a
				producer acting on behalf of the insurer provide the following items as
				evidence of insurance:
a. An ACORD Form 75, a
				successor ACORD form, an ISO binder form, or a substantially similar binder
				form approved by the division; and
b. An ACORD Form 28, a successor ACORD form,
				an ISO certificate form, or a substantially similar certificate of insurance
				form approved by the division.
The insurer or the producer acting on behalf of an insurer
				  has the sole discretion to determine which division-approved binder form or
				  certificate of insurance form the insurer or producer uses to comply with this
				  rule.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 20 - Property and Casualty Insurance › Rule 191-20.80 - Notice of Cancellation, Nonrenewal or Termination of Property and Casualty Insurance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose
				and definitions.
a.
Purpose.
The purpose of this rule is to implement the
				policyholder protections of Iowa Code sections
				515.125,
				515.126,
				515.127,
				515.128,
				515.129,
				515.129A, 515.129B,
				515.129 C,
				515D.5,
				515D.7,
				518.23,
				518A.29 and
				519.8 and chapter 505B by
				clarifying the authorized methods of delivery for notices of cancellation,
				nonrenewal or termination by an insurer.
b.
Definitions.
As used in
				Iowa Code section 505B.1 and this rule:
"Commissioner"
means the Iowa insurance
				  commissioner or insurance division.
"Notice of cancellation, nonrenewal or
				  termination"
means:
1. Notice
				of an insurance company's termination of an insurance policy at the end of a
				term or before the termination date;
2. Notice of an insurance company's decision
				or intention not to renew a policy; and
3. For purposes of notices required by Iowa
				Code sections 515.125,
				515.126,
				515.127,
				515.128,
				515.129,
				515.129A,
				515.129B,
				515.129C,
				515D.5,
				515D.7,
				518.23, 518A.29 and 519.8,
				"notice of cancellation, nonrenewal or termination" includes but is not limited
				to an insurance company's notice of cancellation, forfeiture, suspension,
				exclusion, nonrenewal, intention not to renew, or failure to renew.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 21 - Requirements for Surplus Lines, Risk Retention Groups and Purchasing Groups › Rule 191-21.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the definitions provided in Iowa Code chapters
				  515E and 515I, the following definitions apply to this chapter, unless the
				  context clearly requires otherwise:
"Division"
means the Iowa insurance
				  division, supervised by the commissioner pursuant to Iowa Code section
				  505.8, in the division's
				  performance of the duties of the commissioner under Iowa Code chapters 515E and
				  515I.
"Division's website"
means the website of
				  the Iowa insurance division,
iid.iowa.gov
.
"Place"
means obtaining insurance for an
				  insured with a specific insurer.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 21 - Requirements for Surplus Lines, Risk Retention Groups and Purchasing Groups › Rule 191-21.2 - Eligible Surplus Lines Insurer's Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Premium
				tax payment.
Where, pursuant to Iowa Code chapter 515I, coverage is
				placed with an eligible surplus lines insurer, but the surplus lines insurance
				producer fails to pay to the division the premium tax required by Iowa Code
				section 515I.3(2)  and
				rule 191-21.3(515I), the eligible surplus lines insurer must pay the premium
				tax required by Iowa Code chapter 515I and this chapter.
(2)
How premium tax quoted.
An eligible surplus lines insurer or a surplus lines producer for an eligible
				surplus lines insurer is authorized to quote a premium that includes tax as is
				required by Iowa Code chapter 515I, and thereafter no additional tax amount may
				be charged or collected. Premium tax may be stated in the contract of insurance
				as a separate component of the total premium only when the premium is not based
				upon rates or premiums that included a premium tax component. Any fees
				collected from residents of this state are considered part of the premium and
				thus are subject to taxation.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 21 - Requirements for Surplus Lines, Risk Retention Groups and Purchasing Groups › Rule 191-21.3 - Surplus Lines Insurance Producer's Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Surplus
				lines insurance producer's collection of tax.
A surplus lines
				insurance producer who places insurance with an eligible surplus lines insurer
				must collect premium tax from the eligible surplus lines insurer by withholding
				the applicable percentage of premiums pursuant to Iowa Code section
				432.1(3)  and
				432.1(4).
(2)
Electronic reporting of premium
				tax.
A surplus lines insurance producer who places insurance with an
				eligible surplus lines insurer must file electronically the premium tax
				information with the division, as instructed on the division's website, on or
				before March 1 for policies issued during the preceding calendar
				year.
(3)
Annual
				report.
On or before March 1 of each year, every surplus lines
				insurance producer who has placed insurance with an eligible surplus lines
				insurer when the policies have been issued during the preceding calendar year
				must file electronically with the division, or as otherwise directed by the
				division, a sworn report and supporting documentation, as instructed on the
				division's website, which may include evidence of a diligent search required
				pursuant to Iowa Code section
				515I.3, of all such business
				written during the preceding calendar year, and must submit the amount to cover
				the taxes due on all such business. The manner of filing electronically and the
				content of the report and required supporting documentation are listed on the
				division's website. If no business was issued during the preceding calendar
				year, no report is required. Failure to file an annual report or pay the taxes
				imposed by Iowa Code chapter 515I will be deemed grounds for the revocation of
				a surplus lines insurance producer's license by the division, and failure to
				file an annual report or pay taxes within the time requirements of this rule
				will subject the surplus lines insurance producer to the penalties of Iowa Code
				section 515I.12.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 21 - Requirements for Surplus Lines, Risk Retention Groups and Purchasing Groups › Rule 191-21.4 - Surplus Lines Insurance Producer's Duty to Insured

Current through Register Vol. 47, No. 3, July 24, 2024
A surplus lines insurance producer who places coverage with
				  an eligible surplus lines insurer must deliver to the insured, within 30 days
				  of the date the policy is issued, a notice that states the following: "This
				  policy is issued, pursuant to Iowa Code chapter 515I, by an eligible surplus
				  lines insurer in Iowa and as such is not covered by the Iowa Insurance Guaranty
				  Association." A surplus lines insurance producer may comply with this rule by
				  verifying disclosure of this language in a clear and conspicuous position on
				  the policy or by electronic delivery authorized by Iowa Code chapter 505B, if
				  the method of delivery of the notice allows the division, the surplus lines
				  insurance producer and the intended recipient to verify receipt of the specific
				  notice.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 21 - Requirements for Surplus Lines, Risk Retention Groups and Purchasing Groups › Rule 191-21.5 - Procedures for Qualification and Renewal as an Eligible Surplus Lines Insurer

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application and procedures for initial qualification as an eligible
				surplus lines insurer.
a. Any
				nonadmitted insurer or domestic surplus lines insurer that wishes to qualify
				under Iowa Code chapter 515I as an eligible surplus lines insurer must make an
				application with the division in a format prescribed by the division, as
				instructed on the division's website.
b. The application must include:
(1) The name of an Iowa resident surplus
				lines insurance producer whom the insurer is designating as the person to
				accept inquiries and notices on behalf of the insurer.
(2) Payment of the greater of a $100 filing
				fee or a retaliatory fee, and an examination fee for all new
				applicants.
(3) Demonstrated
				maintenance of the capital and surplus required pursuant to Iowa Code chapter
				515I.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 21 - Requirements for Surplus Lines, Risk Retention Groups and Purchasing Groups › Rule 191-21.6 - Procedures for Qualification as a Risk Retention Group

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any insurer
				that wishes to register under Iowa Code chapter 515E as a risk retention group
				must file with the division an application that contains information required
				by Iowa Code section 515E.4, which also is listed on
				the division's website.
(2) The
				risk retention group must annually provide information requested by the
				division for determination of continued registration.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 21 - Requirements for Surplus Lines, Risk Retention Groups and Purchasing Groups › Rule 191-21.7 - Risk Retention Groups

Current through Register Vol. 47, No. 3, July 24, 2024
A risk retention group may utilize its producers to report
				  and pay premium taxes or may pay the taxes directly. If producers are utilized,
				  the producers must file the premium tax information electronically with the
				  division through the division's website on or before March 1 for policies
				  issued during the preceding calendar year.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 21 - Requirements for Surplus Lines, Risk Retention Groups and Purchasing Groups › Rule 191-21.8 - Procedures for Registration as a Purchasing Group

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Prior to doing
				business in this state, a purchasing group must furnish to the division notice
				that includes:
a. The information set forth
				in Iowa Code section 515E.8, which also is listed on
				the division's website;
b.
				Designation of the commissioner for service of process, as set forth in Iowa
				Code section 515E.8(3);
				and
c. Remittance of a $100 filing
				fee.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 21 - Requirements for Surplus Lines, Risk Retention Groups and Purchasing Groups › Rule 191-21.9 - Failure to Comply; Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
Failure of a producer, surplus lines insurance producer,
				  insurer, risk retention group or purchasing group to comply with this chapter
				  or with Iowa Code chapters 515E and 515I may subject the producer, surplus
				  lines insurance producer, insurer, risk retention group or purchasing group to
				  penalties set forth in Iowa Code chapters 507B, 515E and
				  515I.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 22 - Financial Guaranty Insurance › Rule 191-22.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
"Financial guaranty insurance"
means a surety bond, insurance
				policy or, when issued by an insurer, an indemnity contract and any guaranty
				similar to a surety bond, insurance policy, or insurer-issued indemnity
				contract, under which loss is payable upon proof of occurrence of financial
				loss to an insured claimant, obligee, or indemnitee as a result of any of the
				following events:
a. Failure of an obligor on
				a debt instrument or other monetary obligation (including common or preferred
				stock guarantied under a surety bond, insurance policy, or indemnity contract)
				to pay when due principal, interest, premium, dividend, or purchase price of or
				on the debt instrument or monetary obligation, when the failure is the result
				of a financial default or insolvency, regardless of whether the obligation is
				incurred directly or as guarantor by or on behalf of another obligor that has
				also defaulted.
b. A change in the
				level of interest rates, whether short- or long-term, or the differential in
				interest rates between various markets or products.
c. A change in the rate of exchange of
				currency.
d. Inconvertibility of
				one currency into another for any reason, or inability to withdraw funds held
				in a foreign coimtry resulting from restrictions imposed by a governmental
				authority.
e. A change in the value
				of a specific asset or commodity, financial or commodity index, or price levels
				in general.
f. Another event which
				the commissioner determines is substantially similar to any of those in
				paragraphs
"a"
through
"e."
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 22 - Financial Guaranty Insurance › Rule 191-22.2 - Financial Requirements and Reserves

Current through Register Vol. 47, No. 3, July 24, 2024
An insurance company otherwise authorized under Iowa Code
				  chapter 515 to write financial guaranty insurance shall do so only when all of
				  the following requirements are satisfied:
(1) It has paid-in capital of at least $1
				million and surplus of at least $1 million.
(2) It establishes a contingency reserve, net
				of reinsurance, as follows:
a. The
				contributions to the reserve shall be calculated by applying the following
				percentages to the net principal written each calendar year of guaranties
				issued or delivered in this state of:
1.
				Municipal obligation bonds, 0.8 percent.
2. Special revenue bonds, 1.2
				percent.
3. Industrial development
				bonds, 1.6 percent.
4. Secured
				investment grade obligations, 1.6 percent.
5. Investment grade obligations not secured,
				2.5 percent.
6. All other
				obligations guarantied, 3.0 percent.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 24 - Iowa Retirement Facilities › Rule 191-24.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The following chapter is promulgated for the purpose of
				  administering the provisions of Iowa Code chapter 523D, the Iowa retirement
				  facilities Act, relating to senior adult congregate living facilities and
				  continuing care retirement communities.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 24 - Iowa Retirement Facilities › Rule 191-24.4 - Administration

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The Act shall
				be administered by the regulated industries unit of the division of insurance.
				Although the Iowa commissioner of insurance shall be the administrator, the
				Iowa superintendent of securities, as deputy administrator, shall be the
				principal operations officer responsible to the commissioner for the routine
				administration of the Act and management of the administrative staff of the
				Iowa securities bureau.
(2) In the
				absence of the commissioner, whether because of vacancy in the office, by
				reason of absence, physical disability, or other cause, the superintendent of
				securities shall be the acting administrator and shall, during the absence,
				have and exercise the authority conferred upon the commissioner The
				commissioner may from time to time delegate to the superintendent of securities
				any or all of the functions assigned to the commissioner by the Act.
(3) Upon request the commissioner may honor
				requests from providers or potential providers for interpretative opinions
				indicating the commissioner's enforcement position on a proposed course of
				action detailed in the request for the interpretative opinion.
(4) Upon request the commissioner may certify
				that photocopies provided by the division of insurance are full, true, and
				correct copies of the original instrument filed, kept or recorded by the
				division of insurance. The fee for the certification process is $5 per
				request.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 24 - Iowa Retirement Facilities › Rule 191-24.5 - Misrepresentations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A facility or
				provider shall not represent or imply in any manner that the facility or
				provider has been sponsored, recommended, or approved or that the facility's or
				provider's abilities or qualifications have in any respect been passed upon by
				the Iowa division of insurance or the state of Iowa.
(2) Nonetheless, if the statements are
				factually correct, a facility or provider may state that a disclosure statement
				has been filed with the Iowa division of insurance in accordance with the Iowa
				retirement facilities Act. Likewise, if the statements are factually correct, a
				facility or provider may state
(a)
that the facility or
				provider has filed notice of new construction with the Iowa division of
				insurance in accordance with the Iowa retirement facilities Act
				or
(b)
that the commissioner of insurance has approved the
				release of escrowed funds.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 24 - Iowa Retirement Facilities › Rule 191-24.6 - Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The division of
				insurance may receive and process each complaint made against any facility or
				provider which alleges certain acts or practices which may constitute one or
				more violations of the provisions of the Act. Where appropriate, complaints may
				be referred, in whole or in part, to other agencies. Any member of the public
				or the industry, or any federal, state, or local officials, may make and file a
				complaint with the commissioner Complaints may be received from sources outside
				the state of Iowa and processed in the same manner as those originating in
				Iowa.
(2) Before the division takes
				any action on a complaint, the facility or provider will be provided with a
				summary of information set forth in the complaint and an opportunity to provide
				a response to the allegations. If required by the division of insurance,
				complaints shall be made in writing on forms prescribed and provided by that
				division.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 24 - Iowa Retirement Facilities › Rule 191-24.7 - Address for Filings

Current through Register Vol. 47, No. 3, July 24, 2024
All complaints, inquiries, correspondence, applications, and
				  other filings under the Iowa retirement facilities Act or this chapter shall be
				  addressed as follows: Regulated Industries Unit, Iowa Insurance Division, Lucas
				  State Office Building, Second Floor, Des Moines, Iowa 50319.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 24 - Iowa Retirement Facilities › Rule 191-24.8 - Fees

Current through Register Vol. 47, No. 3, July 24, 2024
The following fees are hereby established by the division of
				  insurance:
1. Initial filing
				fee.............................................. $100.00
2. Annual filing
				fee............................................. $100.00
3.Certification...................................................$
				5.00
4. Name
				change.................................................$ 10.00
5. New construction filing
				fee...................................... $250.00
6. Photocopies of records (per
				page)...................................$ 0.50
7. Printout of
				facilities............................................$ 10.00
All fees are nonrefundable.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 24 - Iowa Retirement Facilities › Rule 191-24.9 - Forms

Current through Register Vol. 47, No. 3, July 24, 2024
The forms listed in this rule are published by the Iowa
				  insurance division, and copies of the forms may be obtained from the Regulated
				  Industries Unit, Iowa Insurance Division, Lucas State Office Building, Second
				  Floor, Des Moines, Iowa 50319. The division adopts and incorporates herein by
				  reference the forms listed in this rule; and their use is required, where
				  applicable, for compliance with the provisions of the Iowa retirement
				  facilities Act and this chapter
FORM NUMBER
DESCRIPTION
RFA-1
Notice of Annual Filing. Used by
						  continuing care retirement communities and senior adult congregate living
						  facilities to make their annual filing under the Act.
RFA-2
Notice of New Construction. Used by
						  continuing care retirement communities and senior adult congregate living
						  facilities to notify the insurance division of their intent to begin new
						  construction.
RFA-2
Release of Escrowed Funds. Used by escrow
						  agents or facilities to request the insurance division's approval for the
						  release of escrowed funds.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 24 - Iowa Retirement Facilities › Rule 191-24.10 - Financial Statements, Studies, and Forecasts

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Financial statements shall be prepared in
				accordance with generally accepted accounting principles and practices
				(GAAP).
(2) The financial
				statements shall be presented in a format that allows financial analysis of the
				contracting party undertaking to provide the continuing care. The contracting
				party may consist of an individual facility or numerous operating units. In
				some cases, where the financial condition and financial obligations of
				affiliated legal entities are relevant to the financial condition of the
				contracting party, preparation on a consolidated basis may be necessary. The
				financial statements shall provide sufficient financial disclosure to the
				continuing care resident to enable the resident to make an informed
				decision.
(3) Studies or forecasts
				must disclose the basic assumptions used.
(4) The following audited financial
				statements must be filed with the annual disclosure statement:
a. An income statement or a statement of
				revenues and expenses;
b. A
				statement of changes in equity or change in fund balances;
c. A balance sheet; and
d. A statement of cash flows.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 24 - Iowa Retirement Facilities › Rule 191-24.11 - Amendments to the Disclosure Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Amendments to the most recent disclosure
				statement may be filed with the division of insurance at any time. No filing
				fee is required.
(2) The filing
				shall be clearly marked to show changes from the most recent disclosure
				statement filed with the division or the filing shall be accompanied by a cover
				letter briefly outlining each of the sections of the disclosure statement that
				has been amended.
(3) The filing
				shall consist of either
(a)
two copies of the disclosure
				statement containing the revisions as it is distributed to a prospective
				resident (one copy marked to show changes) or
(b)
if the
				changes are made by an amendment or addendum, two copies of the revised
				pages.
(4) Changes in the
				operations of a provider or facility which shall require an amendment to a
				disclosure statement include, but are not necessarily limited to, the
				following:
a. New or additional mortgages,
				security interests, loan commitments, long-term financing arrangements, or
				leases, which transaction materially affects the real property of the facility
				unless the material terms of such transaction were specifically described as a
				proposed transaction in the disclosure statement.
b. The sale of the facility to a new
				provider.
c. Changes in the
				provider's tax status.
d. A
				material change in the form of the resident contract.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 24 - Iowa Retirement Facilities › Rule 191-24.12 - Standards for the Disclosure Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Readability.
Documents
				given to residents, prospective residents, and personal representatives,
				including disclosure statements and residents' contracts, shall be drafted in
				accordance with the following standards:
a.
				The language used shall be readable by a person of average intelligence and
				education.
b. All information
				presented should be conveyed in a logical sequence and in a clear and direct
				fashion.
c. Complex and compound
				sentences should be avoided.
d.
				Words should convey their commonly understood meanings.
e. Definitions shall be included for words or
				terms which cannot properly be explained or qualified in the text.
f. Frequent section headings should be used
				to permit ease in locating provisions.
g. Documents shall be printed in easily
				legible typeface in a size easily legible to the audience to whom the
				literature is directed. Upright type at least as large as 10-point type should
				be used.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 25 - Military Sales Practices › Rule 191-25.1 - Purpose and Authority

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The purpose of
				this chapter is to set forth standards to protect active duty service members
				of the United States armed forces from dishonest and predatory insurance sales
				practices by declaring certain identified practices to be false, misleading,
				deceptive or unfair.
(2) Nothing
				herein shall be construed to create or imply a private cause of action for a
				violation of this chapter.
(3) This
				chapter is issued under the authority of Iowa Code section
				505.27A.
(4) This chapter shall apply to acts or
				practices committed on or after January 1, 2008.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 25 - Military Sales Practices › Rule 191-25.2 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter shall apply only to the solicitation or sale of
				  any life insurance or annuity product by an insurer or insurance producer to a
				  service member of the United States armed forces.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 25 - Military Sales Practices › Rule 191-25.3 - Exemptions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) This chapter
				shall not apply to solicitations or sales involving:
a. Credit insurance;
b. Group life insurance or group annuities
				where in-person, face-to-face solicitation of individuals by an insurance
				producer does not occur or where the contract or certificate does not include a
				side fund;
c. An application to the
				existing insurer that issued the existing policy or contract when a contractual
				change or a conversion privilege is being exercised, when the existing policy
				or contract is being replaced by the same insurer pursuant to a program filed
				with and approved by the commissioner, or when a term conversion privilege is
				exercised among corporate affiliates;
d. Contracts offered by Servicemembers' Group
				Life Insurance (SGLI) or Veterans' Group Life Insurance (VGLI), as authorized
				by 38 U.S.C. §
											1965 et seq.;
e. Life insurance contracts offered through
				or by a nonprofit military association, qualifying under Section 501(c)(23) of
				the Internal Revenue Code (IRC), and that are not underwritten by an insurer;
				or
f. Contracts used to fund:
(1) An employee pension or welfare benefit
				plan that is covered by the Employee Retirement and Income Security Act
				(ERISA);
(2) A plan described by
				Section 401(a), 401(k), 403(b), 408(k) or 408(p) of the IRC, if established or
				maintained by an employer;
(3) A
				government or church plan defined in Section 414 of the IRC, a government or
				church welfare benefit plan, or a deferred compensation plan of a state or
				local government or tax exempt organization under Section 457 of the IRC;
				or
(4) Settlements of or
				assumptions of liabilities associated with personal injury litigation or of any
				dispute or claim resolution process.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 25 - Military Sales Practices › Rule 191-25.5 - Practices Declared False, Misleading, Deceptive or Unfair on a Military Installation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The following
				acts or practices when committed on a military installation by an insurer or
				insurance producer with respect to the in-person, face-to-face solicitation of
				life insurance are declared to be false, misleading, deceptive or unfair:
a. Knowingly soliciting the purchase of any
				life insurance product door to door or without first establishing a specific
				appointment for each meeting with the prospective purchaser.
b. Soliciting service members in a group or
				mass audience or in a captive audience where attendance is not
				voluntary.
c. Knowingly making
				appointments with or soliciting service members during their normally scheduled
				duty hours.
d. Making appointments
				with or soliciting service members in barracks, day rooms, unit areas, or
				transient personnel housing or other areas where the installation commander has
				prohibited solicitation.
e.
				Soliciting the sale of life insurance without first obtaining permission from
				the installation commander or the commander's designee.
f. Posting unauthorized bulletins, notices or
				advertisements.
g. Failing to
				present DD Form 2885, Personal Commercial Solicitation Evaluation, to service
				members solicited or encouraging service members solicited not to complete or
				submit DD Form 2885.
h. Knowingly
				accepting an application for life insurance or issuing a policy of life
				insurance on the life of an enlisted member of the United States armed forces
				without first obtaining for the insurer's files a completed copy of any
				required form that confirms that the applicant has received counseling or
				fulfilled any other similar requirement for the sale of life insurance
				established by regulations, directives or rules of the DoD or any branch of the
				United States armed forces.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 25 - Military Sales Practices › Rule 191-25.7 - Reporting Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
No insurer may participate in any military sales unless that
				  insurer has implemented a system to report to the Iowa insurance commissioner
				  in a manner prescribed by the commissioner any military sales disciplinary
				  actions about which the insurer had actual awareness, or in the exercise of
				  ordinary care should have known, at the time of the action, and unless the
				  insurer also has reported such action to the commissioner. Failure to comply
				  with this rule shall be a violation of this chapter and shall subject the
				  insurer to penalties set forth in rule
				  191-25.8
				  (505).
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 25 - Military Sales Practices › Rule 191-25.8 - Violation and Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any insurance
				producer or insurer found after hearing to have violated a provision of this
				chapter shall be deemed to have committed an unfair trade practice under Iowa
				Code chapter 507B and shall be subject to the penalties set forth in Iowa Code
				chapters 505 and 507B.
(2) Any
				insurance producer or insurer found after hearing to have violated a provision
				of this chapter will be reported by the commissioner pursuant to, and may be
				subject to, the penalties set forth in Section 10(d) of the Military Personnel
				Financial Services Protection Act,
				Pub. L. No.
				109-290 (2006).
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 25 - Military Sales Practices › Rule 191-25.9 - Severability

Current through Register Vol. 47, No. 3, July 24, 2024
If any provision of this chapter or the application thereof
				  to any person or circumstance is held invalid for any reason, the invalidity
				  shall not affect the other provisions or any other application of these rules
				  that can be given effect without the invalid provisions or application. To this
				  end, all provisions of these rules are declared to be
				  severable.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 27 - Preferred Provider Arrangements › Rule 191-27.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to encourage heahh care cost
				  containment while preserving quality of care by allowing health care insurers
				  to enter into preferred provider arrangements and by establishing minimum
				  standards for preferred arrangements and the health benefit plans associated
				  with those arrangements.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 27 - Preferred Provider Arrangements › Rule 191-27.3 - Preferred Provider Arrangements

Current through Register Vol. 47, No. 3, July 24, 2024
Notwithstanding any provisions of law to the contrary, any
				  heahh care insurer may enter into a preferred provider arrangement.
(1) A preferred provider arrangement shall at
				minimum:
a. Establish the amount and manner of
				payment to the preferred provider. The amount and manner of payment may include
				capitation payments for preferred providers.
b. Include mechanisms which are designed to
				minimize the cost of the health benefit plan. These mechanisms may include
				among others:
(1) The review or control of
				utilization of health care costs.
(2) A procedure for determining whether
				health care services rendered are medically necessary.
c. Ensure reasonable access to covered
				services available under the preferred provider arrangement.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 27 - Preferred Provider Arrangements › Rule 191-27.4 - Health Benefit Plans

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A health
				care insurer may issue a heahh benefit plan which provides for incentives for
				covered persons to use the health care services of a preferred provider. The
				policies or subscriber agreements shall contain at least all of the following
				provisions:
a. A provision that if a covered
				person receives emergency services specified in the preferred provider
				arrangement and cannot reasonably reach a preferred provider, emergency
				services rendered during the course of the emergency will be reimbursed as
				though the covered person had been treated by a preferred provider, subject to
				any restriction which may govern payment by a preferred provider for emergency
				services.
b. A provision which
				clearly identifies the differentials in benefit levels for health care services
				of preferred providers and benefit levels for health care services of
				nonpreferred providers.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 27 - Preferred Provider Arrangements › Rule 191-27.5 - Preferred Provider Participation Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A health care insurer may place
				reasonable limits on the number or classes of preferred providers which satisfy
				the standards set forth by the health care insurer, provided that there is no
				discrimination against providers on the basis of religion, race, color,
				national origin, age, sex or marital status.
(2) Notwithstanding any other provision of
				this chapter, a health care insurer may issue policies or subscriber agreements
				which provide benefits for health care services only if the services have been
				rendered by a preferred provider, provided the program has met all standards
				imposed by the commissioner for availability and adequacy of covered
				services.
(3) A health care insurer
				shall file with the commissioner for the commissioner's prior review a
				prototype of any preferred provider arrangement and of the health care plan's
				policy, contract, or subscriber agreement associated with the arrangement,
				together with any changes in the prototype. Use of the prototypical preferred
				provider arrangement and health care plan's policy, contract, or subscriber
				agreement is conditioned upon approval of these documents by the
				commissioner.
Iowa Administrative Code › Agency 191 - Insurance Division › Property and Casualty Insurance › Chapter 27 - Preferred Provider Arrangements › Rule 191-27.7 - Civil Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
Civil penalties for violation of this chapter shall be
				  imposed in the amount, and pursuant to the procedure, set forth in Iowa Code
				  sections
				  507B6.,
				  507B7.,
				  and
				  507B8..