reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 67 - Privacy of Consumer Information › Section 67-5 - Information to be included in privacy notices

Current through July 10, 2024
Authority: IC
				  27-1-3-7;
				  IC
				  27-1-25-14; IC
				  27-1-33-11;
				  IC
				  27-2-20-3; IC
				  27-8-16-14; IC
				  27-8-17-20; IC
				  27-8-19.8-26;
				  IC
				  27-13-10-13
Affected: IC
				  27-1-7-2;
				  IC
				  27-1-12-1;
				  IC
				  27-1-13-1;
				  IC
				  27-1-17-2;
				  IC 27-1-23; IC 27-1-25; IC 27-1-33; IC 27-6-6; IC 27-6-
9; IC 27-7-3; IC 27-8-1; IC 27-8-16; IC 27-8-17; IC
				  27-8-19.8; IC 27-10-3; IC 27-13
Sec. 5.
(a) The
				initial, annual, and revised privacy notices that a licensee provides under
				sections 3, 4, and 7 of this rule shall include each of the following items of
				information, in addition to any other information the licensee wishes to
				provide, that applies to the licensee and to the consumers to whom the licensee
				sends its privacy notice:
(1) The categories
				of nonpublic personal financial information that the licensee
				collects.
(2) The categories of
				nonpublic personal financial information that the licensee discloses.
(3) The categories of affiliates and
				nonaffiliated third parties to whom the licensee discloses nonpublic personal
				financial information, other than those parties to whom the licensee discloses
				information under sections 13 and 14 of this rule.
(4) The categories of nonpublic personal
				financial information about the licensee's former customers that the licensee
				discloses and the categories of affiliates and nonaffiliated third parties to
				whom the licensee discloses nonpublic personal financial information about the
				licensee's former customers, other than those parties to whom the licensee
				discloses information under sections 13 and 14 of this rule.
(5) If a licensee discloses nonpublic
				personal financial information to a nonaffiliated third party under section 12
				of this rule (and no other exception in sections 13 and 14 of this rule applies
				to that disclosure), a separate description of the categories of information
				the licensee discloses and the categories of third parties with whom the
				licensee has contracted.
(6) An
				explanation of the consumer's right under section 9(a) of this rule to opt out
				of the disclosure of nonpublic personal financial information to nonaffiliated
				third parties, including the methods by which the consumer may exercise that
				right at that time.
(7) Any
				disclosures that the licensee makes under Section 603(d)(2)(A)(iii) of the
				federal Fair Credit Reporting Act,
				15 U.S.C.
				1681a(d)(2)(A)(iii),
				regarding the ability to opt out of disclosures of information among
				affiliates.
(8) The licensee's
				policies and practices with respect to protecting the confidentiality and
				security of nonpublic personal information.
(9) Any disclosure that the licensee makes
				under subsection (b).
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 67 - Privacy of Consumer Information › Section 67-6 - Form of opt out notice to consumers and opt out methods

Current through July 10, 2024
Authority: IC
				  27-1-3-7;
				  IC
				  27-1-25-14; IC
				  27-1-33-11;
				  IC
				  27-2-20-3; IC
				  27-8-16-14; IC
				  27-8-17-20; IC
				  27-8-19.8-26;
				  IC
				  27-13-10-13
Affected: IC
				  27-1-7-2;
				  IC
				  27-1-12-1;
				  IC
				  27-1-13-1;
				  IC
				  27-1-17-2;
				  IC 27-1-23; IC 27-1-25; IC 27-1-33; IC 27-6-6; IC 27-6-
9; IC 27-7-3; IC 27-8-1; IC 27-8-16; IC 27-8-17; IC
				  27-8-19.8; IC 27-10-3; IC 27-13
Sec. 6.
(a) If a
				licensee is required to provide an opt out notice under section 10(a) of this
				rule, it shall provide a clear and conspicuous notice to each of its consumers
				that accurately explains the right to opt out under that section.
(1) The notice shall state all of the
				following:
(A) The licensee discloses or
				reserves the right to disclose nonpublic personal financial information about
				its consumer to a nonaffiliated third party.
(B) The consumer has the right to opt out of
				that disclosure.
(C) A reasonable
				means by which the consumer may exercise the opt out right.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 67 - Privacy of Consumer Information › Section 67-7 - Revised privacy notices

Current through July 10, 2024
Authority: IC
				  27-1-3-7;
				  IC
				  27-1-25-14; IC
				  27-1-33-11;
				  IC
				  27-2-20-3; IC
				  27-8-16-14; IC
				  27-8-17-20; IC
				  27-8-19.8-26;
				  IC
				  27-13-10-13
Affected: IC
				  27-1-7-2;
				  IC
				  27-1-12-1;
				  IC
				  27-1-13-1;
				  IC
				  27-1-17-2;
				  IC 27-1-23; IC 27-1-25; IC 27-1-33; IC 27-6-6; IC 27-6-
9; IC 27-7-3; IC 27-8-1; IC 27-8-16; IC 27-8-17; IC
				  27-8-19.8; IC 27-10-3; IC 27-13
Sec. 7.
(a) Except
				as otherwise authorized in this rule, a licensee shall not, directly or through
				an affiliate, disclose any nonpublic personal financial information about a
				consumer to a nonaffiliated third party other than as described in the initial
				notice that the licensee provided to that consumer under section 3 of this rule
				unless the:
(1) licensee has provided to the
				consumer a clear and conspicuous revised notice that accurately describes its
				policies and practices;
(2)
				licensee has provided to the consumer a new opt out notice;
(3) licensee has given the consumer a
				reasonable opportunity, before the licensee discloses the information to the
				nonaffiliated third party, to opt out of the disclosure; and
(4) consumer does not opt out.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 67 - Privacy of Consumer Information › Section 67-8 - Delivery

Current through July 10, 2024
Authority: IC
				  27-1-3-7;
				  IC
				  27-1-25-14; IC
				  27-1-33-11;
				  IC
				  27-2-20-3; IC
				  27-8-16-14; IC
				  27-8-17-20; IC
				  27-8-19.8-26;
				  IC
				  27-13-10-13
Affected: IC
				  27-1-7-2;
				  IC
				  27-1-12-1;
				  IC
				  27-1-13-1;
				  IC
				  27-1-17-2;
				  IC 27-1-23; IC 27-1-25; IC 27-1-33; IC 27-6-6; IC 27-6-
9; IC 27-7-3; IC 27-8-1; IC 27-8-16; IC 27-8-17; IC
				  27-8-19.8; IC 27-10-3; IC 27-13
Sec. 8.
(a) A
				licensee shall provide any notices that this rule requires so that each
				consumer can reasonably be expected to receive actual notice in writing or, if
				the consumer agrees, electronically.
(b) A licensee may reasonably expect that a
				consumer will receive actual notice if the licensee does any of the following:
(1) Hand delivers a printed copy of the
				notice to the consumer.
(2) Mails a
				printed copy of the notice to the last known address of the consumer
				separately, or in a policy, billing, or other written communication.
(3) For a consumer who conducts transactions
				electronically, posts the notice on the electronic site and requires the
				consumer to acknowledge receipt of the notice as a necessary step to obtaining
				a particular insurance product or service.
(4) For an isolated transaction with a
				consumer, such as the licensee providing an insurance quote or selling the
				consumer travel insurance, posts the notice and requires the consumer to
				acknowledge receipt of the notice as a necessary step to obtaining the
				particular insurance product or service.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 67 - Privacy of Consumer Information › Section 67-9 - Limits on disclosure of nonpublic personal financial information to nonaffiliated third parties

Current through July 10, 2024
Authority: IC
				  27-1-3-7;
				  IC
				  27-1-25-14; IC
				  27-1-33-11;
				  IC
				  27-2-20-3; IC
				  27-8-16-14; IC
				  27-8-17-20; IC
				  27-8-19.8-26;
				  IC
				  27-13-10-13
Affected: IC
				  27-1-7-2;
				  IC
				  27-1-12-1;
				  IC
				  27-1-13-1;
				  IC
				  27-1-17-2;
				  IC 27-1-23; IC 27-1-25; IC 27-1-33; IC 27-6-6; IC 27-6-
9; IC 27-7-3; IC 27-8-1; IC 27-8-16; IC 27-8-17; IC
				  27-8-19.8; IC 27-10-3; IC 27-13
Sec. 9.
(a) Except
				as otherwise authorized in this rule, a licensee may not, directly or through
				any affiliate, disclose any nonpublic personal financial information about a
				consumer to a nonaffiliated third party unless the:
(1) licensee has provided to the consumer an
				initial notice as required under section 3 of this rule;
(2) licensee has provided to the consumer an
				opt out notice as required in section 6 of this rule;
(3) licensee has given the consumer a
				reasonable opportunity, before it discloses the information to the
				nonaffiliated third party, to opt out of the disclosure; and
(4) consumer does not opt out.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 67 - Privacy of Consumer Information › Section 67-10 - Limits on redisclosure and reuse of nonpublic personal financial information

Current through July 10, 2024
Authority: IC
				  27-1-3-7;
				  IC
				  27-1-25-14; IC
				  27-1-33-11;
				  IC
				  27-2-20-3; IC
				  27-8-16-14; IC
				  27-8-17-20; IC
				  27-8-19.8-26;
				  IC
				  27-13-10-13
Affected: IC
				  27-1-7-2;
				  IC
				  27-1-12-1;
				  IC
				  27-1-13-1;
				  IC
				  27-1-17-2;
				  IC 27-1-23; IC 27-1-25; IC 27-1-33; IC 27-6-6; IC 27-6-
9; IC 27-7-3; IC 27-8-1; IC 27-8-16; IC 27-8-17; IC
				  27-8-19.8; IC 27-10-3; IC 27-13
Sec. 10.
(a) If a
				licensee receives nonpublic personal financial information from a nonaffiliated
				financial institution under an exception in section 13 or 14 of this rule, the
				licensee's disclosure and use of that information is limited as follows:
(1) The licensee may disclose the information
				to the affiliates of the financial institution from which the licensee received
				the information.
(2) The licensee
				may disclose the information to its affiliates, but the licensee's affiliates
				may, in turn, disclose and use the information only to the extent that the
				licensee may disclose and use the information.
(3) The licensee may disclose and use the
				information pursuant to an exception in section 13 or 14 of this rule, in the
				ordinary course of business to carry out the activity covered by the exception
				under which the licensee received the information. For example, if a licensee
				receives information from a nonaffiliated financial institution for claims
				settlement purposes, the licensee may disclose the information for fraud
				prevention, or in response to a properly authorized subpoena. The licensee may
				not disclose that information to a third party for marketing purposes or use
				that information for its own marketing purposes.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 67 - Privacy of Consumer Information › Section 67-11 - Limits on sharing account number information for marketing purposes

Current through July 10, 2024
Authority: IC
				  27-1-3-7;
				  IC
				  27-1-25-14; IC
				  27-1-33-11;
				  IC
				  27-2-20-3; IC
				  27-8-16-14; IC
				  27-8-17-20; IC
				  27-8-19.8-26;
				  IC
				  27-13-10-13
Affected: IC
				  27-1-7-2;
				  IC
				  27-1-12-1;
				  IC
				  27-1-13-1;
				  IC
				  27-1-17-2;
				  IC 27-1-23; IC 27-1-25; IC 27-1-33; IC 27-6-6; IC 27-6-
9; IC 27-7-3; IC 27-8-1; IC 27-8-16; IC 27-8-17; IC
				  27-8-19.8; IC 27-10-3; IC 27-13
Sec. 11.
(a) A
				licensee shall not, directly or through an affiliate, disclose, other than to a
				consumer reporting agency, a policy number or similar form of access number or
				access code for a consumer's policy or transaction account to any nonaffiliated
				third party for use in telemarketing, direct mail marketing, or other marketing
				through electronic mail to the consumer.
(b) Subsection (a) does not apply if a
				licensee discloses a policy number or similar form of access number or access
				code to any of the following:
(1) The
				licensee's service provider solely in order to perform marketing for the
				licensee's own products or services, as long as the service provider is not
				authorized to directly initiate charges to the account.
(2) A licensee who is a producer solely in
				order to perform marketing for the licensee's own products or
				services.
(3) A participant in an
				affinity or similar program where the participants in the program are
				identified to the customer when the customer enters into the program.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 67 - Privacy of Consumer Information › Section 67-12 - Exception to opt out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing

Current through July 10, 2024
Authority: IC
				  27-1-3-7;
				  IC
				  27-1-25-14; IC
				  27-1-33-11;
				  IC
				  27-2-20-3; IC
				  27-8-16-14; IC
				  27-8-17-20; IC
				  27-8-19.8-26;
				  IC
				  27-13-10-13
Affected: IC
				  27-1-7-2;
				  IC
				  27-1-12-1;
				  IC
				  27-1-13-1;
				  IC
				  27-1-17-2;
				  IC 27-1-23; IC 27-1-25; IC 27-1-33; IC 27-6-6; IC 27-6-
9; IC 27-7-3; IC 27-8-1; IC 27-8-16; IC 27-8-17; IC
				  27-8-19.8; IC 27-10-3; IC 27-13
Sec. 12.
(a) The
				opt out requirements in sections 6 and 9 of this rule do not apply when a
				licensee provides nonpublic personal financial information to a nonaffiliated
				third party to perform services for the licensee or functions on the licensee's
				behalf, if the licensee:
(1) provides the
				initial notice in accordance with section 3 of this rule; and
(2) enters into a contractual agreement with
				the third party that prohibits the third party from disclosing or using the
				information other than to carry out the purposes for which the licensee
				disclosed the information, including use under an exception in section 13 or 14
				of this rule in the ordinary course of business to carry out those purposes.
For example, if a licensee discloses nonpublic personal
				  financial information under this section to a financial institution with which
				  the licensee performs joint marketing, the licensee's contractual agreement
				  with that institution meets the requirements of this subsection if it prohibits
				  the institution from disclosing or using the nonpublic personal financial
				  information, except as necessary to carry out the joint marketing or under an
				  exception in section 13 or 14 of this rule in the ordinary course of business
				  to carry out that joint marketing.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 67 - Privacy of Consumer Information › Section 67-13 - Exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information for processing and servicing transactions

Current through July 10, 2024
Authority: IC
				  27-1-3-7;
				  IC
				  27-1-25-14; IC
				  27-1-33-11;
				  IC
				  27-2-20-3; IC
				  27-8-16-14; IC
				  27-8-17-20; IC
				  27-8-19.8-26;
				  IC
				  27-13-10-13
Affected: IC
				  27-1-7-2;
				  IC
				  27-1-12-1;
				  IC
				  27-1-13-1;
				  IC
				  27-1-17-2;
				  IC 27-1-23; IC 27-1-25; IC 27-1-33; IC 27-6-6; IC 27-6-
9; IC 27-7-3; IC 27-8-1; IC 27-8-16; IC 27-8-17; IC
				  27-8-19.8; IC 27-10-3; IC 27-13
Sec. 13.
(a) The
				requirements for initial notice in section 3(a)(2) of this rule, the opt out in
				sections 6 and 9 of this rule, and service providers and joint marketing in
				section 12 of this rule do not apply if the licensee discloses nonpublic
				personal financial information as necessary to effect, administer, or enforce a
				transaction that a consumer requests or authorizes, or in connection with any
				of the following:
(1) Servicing or processing
				an insurance product or service that a consumer requests or
				authorizes.
(2) Maintaining or
				servicing the consumer's account with a licensee, or with another entity as
				part of a private label credit card program or other extension of credit on
				behalf of such entity.
(3) A
				proposed or actual securitization, secondary market sale, including sales of
				servicing rights, or similar transaction related to a transaction of the
				consumer.
(4) Reinsurance or stop
				loss or excess loss insurance.
(5)
				To provide information to the policyholder or the producer who procured the
				insurance policy with respect to a claim under the insurance policy.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 67 - Privacy of Consumer Information › Section 67-15 - Protection of Fair Credit Reporting Act

Current through July 10, 2024
Authority: IC
				  27-1-3-7;
				  IC
				  27-2-20-3
Affected: IC
				  27-1-7-2;
				  IC
				  27-1-12-1;
				  IC
				  27-1-13-1;
				  IC
				  27-1-17-2;
				  IC 27-1-23; IC 27-1-25; IC 27-1-33; IC 27-6-6; IC 27-6-
9; IC 27-7-3; IC 27-8-1; IC 27-8-16; IC 27-8-17; IC
				  27-8-19.8; IC 27-10-3; IC 27-13
Sec. 15.
Nothing in this rule shall be construed to modify, limit, or
				  supersede the operation of the federal Fair Credit Reporting Act,
				  15 U.S.C.
				  1681 et seq., and no inference shall be drawn
				  on the basis of the provisions of this rule regarding whether information is
				  transaction or experience information under Section 603 of the Fair Credit
				  Reporting Act.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 67 - Privacy of Consumer Information › Section 67-16 - Nondiscrimination

Current through July 10, 2024
Authority: IC
				  27-1-3-7;
				  IC
				  27-1-25-14; IC
				  27-1-33-11;
				  IC
				  27-2-20-3; IC
				  27-8-16-14; IC
				  27-8-17-20; IC
				  27-8-19.8-26;
				  IC
				  27-13-10-13
Affected: IC
				  27-1-7-2;
				  IC
				  27-1-12-1;
				  IC
				  27-1-13-1;
				  IC
				  27-1-17-2;
				  IC 27-1-23; IC 27-1-25; IC 27-1-33; IC 27-6-6; IC 27-6-
9; IC 27-7-3; IC 27-8-1; IC 27-8-16; IC 27-8-17; IC
				  27-8-19.8; IC 27-10-3; IC 27-13
Sec. 16.
A licensee shall not unfairly discriminate against any
				  consumer or customer because that consumer or customer has opted out from the
				  disclosure of his or her nonpublic personal financial information.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 67 - Privacy of Consumer Information › Section 67-17 - Sample clauses

Current through July 10, 2024
Authority: IC
				  27-1-3-7;
				  IC
				  27-1-25-14; IC
				  27-1-33-11;
				  IC
				  27-2-20-3; IC
				  27-8-16-14; IC
				  27-8-17-20; IC
				  27-8-19.8-26;
				  IC
				  27-13-10-13
Affected: IC
				  27-1-7-2;
				  IC
				  27-1-12-1;
				  IC
				  27-1-13-1;
				  IC
				  27-1-17-2;
				  IC 27-1-23; IC 27-1-25; IC 27-1-33; IC 27-6-6; IC 27-6-
9; IC 27-7-3; IC 27-8-1; IC 27-8-16; IC 27-8-17; IC
				  27-8-19.8; IC 27-10-3; IC 27-13
Sec. 17.
(a) A
				licensee may use the following statement, as applicable, to meet the
				requirements of section 5(a)(1) of this rule, to describe the categories of
				nonpublic personal information the licensee collects, "We collect nonpublic
				personal information about you from the following sources:
(1) Information we receive from you on
				applications or other forms.
(2)
				Information about your transactions with us, our affiliates, or
				others.
(3) Information we receive
				from a consumer reporting agency.".
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 67 - Privacy of Consumer Information › Section 67-18 - Violation

Current through July 10, 2024
Authority: IC
				  27-1-3-7;
				  IC
				  27-1-25-14; IC
				  27-1-33-11;
				  IC
				  27-2-20-3; IC
				  27-8-16-14; IC
				  27-8-17-20; IC
				  27-8-19.8-26;
				  IC
				  27-13-10-13
Affected: IC
				  27-1-7-2;
				  IC
				  27-1-12-1;
				  IC
				  27-1-13-1;
				  IC
				  27-1-17-2;
				  IC 27-1-23; IC 27-1-25; IC 27-1-33; IC 27-4-1; IC 27-6-
6; IC 27-6-9; IC 27-7-3; IC 27-8-1; IC 27-8-16; IC 27-8-17;
				  IC 27-8-19.8; IC 27-10-3; IC 27-13
Sec. 18.
A violation of this rule is deemed an unfair method of
				  competition and an unfair and deceptive act and practice in the business of
				  insurance subject to the provisions of IC 27-4-1.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 67 - Privacy of Consumer Information › Section 67-19 - Severability

Current through July 10, 2024
Authority: IC
				  27-1-3-7;
				  IC
				  27-1-25-14; IC
				  27-1-33-11;
				  IC
				  27-2-20-3; IC
				  27-8-16-14; IC
				  27-8-17-20; IC
				  27-8-19.8-26;
				  IC
				  27-13-10-13
Affected: IC
				  27-1-7-2;
				  IC
				  27-1-12-1;
				  IC
				  27-1-13-1;
				  IC
				  27-1-17-2;
				  IC 27-1-23; IC 27-1-25; IC 27-1-33; IC 27-6-6; IC 27-6-
9; IC 27-7-3; IC 27-8-1; IC 27-8-16; IC 27-8-17; IC
				  27-8-19.8; IC 27-10-3; IC 27-13
Sec. 19.
If any section or portion of a section of this rule or its
				  applicability to any person or circumstance is held invalid by a court, the
				  remainder of the rule or the applicability of the provision to other persons or
				  circumstances shall not be affected.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 67 - Privacy of Consumer Information › Section 67-20 - Effective date

Current through July 10, 2024
Authority: IC
				  27-1-3-7;
				  IC
				  27-1-25-14; IC
				  27-1-33-11;
				  IC
				  27-2-20-3; IC
				  27-8-16-14; IC
				  27-8-17-20; IC
				  27-8-19.8-26;
				  IC
				  27-13-10-13
Affected: IC
				  27-1-7-2;
				  IC
				  27-1-12-1;
				  IC
				  27-1-13-1;
				  IC
				  27-1-17-2;
				  IC 27-1-23; IC 27-1-25; IC 27-1-33; IC 27-6-6; IC 27-6-
9; IC 27-7-3; IC 27-8-1; IC 27-8-16; IC 27-8-17; IC
				  27-8-19.8; IC 27-10-3; IC 27-13
Sec. 20.
(a) This
				rule is effective thirty (30) days after filing with the secretary of state's
				office. In order provide sufficient time for licensees to establish policies
				and systems to comply with the requirements of this rule, the commissioner has
				extended the time for compliance with this rule until July 1, 2001.
(b) By July 1, 2001, a licensee shall provide
				an initial notice, as required by section 3 of this rule, to consumers who are
				the licensee's customers on July 1, 2001.
(c) Until July 1, 2002, a contract that a
				licensee has entered into with a nonaffiliated third party to perform services
				for the licensee or functions on the licensee's behalf satisfies the provision
				of section 12(a) of this rule, even if the contract does not include a
				requirement that the third party maintain the confidentiality of nonpublic
				personal information, as long as the licensee entered into the agreement on or
				before July 1, 2000.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 68 - Multiple Employer Welfare Arrangements › Section 68-1 - Definitions

Current through July 10, 2024
Authority: IC 27-1-34-9
Affected: IC 27-1-34-1; IC 27-16-2-13
Sec. 1.
The following definitions apply throughout this rule:
(1) "Affiliate of" or "affiliated with", a
				specific person, means a person that directly, or indirectly through one (1) or
				more intermediaries:
(A) controls;
(B) is controlled by; or
(C) is under common control with; the person
				specified.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 68 - Multiple Employer Welfare Arrangements › Section 68-3 - Eligibility

Current through July 10, 2024
Authority: IC
				  27-1-34-9
Affected: IC 27-1-34
Sec. 3.
A MEWA may only provide benefits to active or retired owner,
				  officers, directors, or employees of or partners in participating employers, or
				  the dependents of such persons, except as otherwise limited by the Employee
				  Retirement Income Security Act of 1974 (29
				  U.S.C. 1001 et seq.).
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 68 - Multiple Employer Welfare Arrangements › Section 68-4 - Coverage requirements

Current through July 10, 2024
Authority: IC 27-1-34-9
Affected: IC 25-22.5; IC 25-29; IC 27-1-34
Sec. 4.
(a) A MEWA:
(1) may refuse to provide coverage to an
				employer employing fifty (50) or more employees in accordance with the MEWA's
				underwriting standards and criteria;
(2) shall accept or reject the entire group
				of individuals who meet the participation criteria and who choose coverage;
				and
(3) may exclude only those
				individuals who have declined coverage.
Denial by a MEWA of an application for coverage from an
				  employer must be in writing and must state the reason or reasons for the
				  denial.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 68 - Multiple Employer Welfare Arrangements › Section 68-5 - Applications

Current through July 10, 2024
Authority: IC
				  27-1-34-9
Affected: IC 27-1-34
Sec. 5.
(a) A MEWA,
				in its application for coverage, may ask questions of a medically specific
				nature that are necessary to render a fully informed underwriting
				determination, based upon sound actuarial principles concerning whether to
				accept or rate a particular risk, subject to the following conditions:
(1) Questions relating to medical and other
				factual matters intending to reveal the possible existence of medical
				conditions are permissible if the applicant has been given an opportunity to
				provide an explanation for any affirmative answers given in the application.
				Questions shall:
(A) be related to a finite
				period of time preceding completion of the application;
(B) be specific and objective; and
(C) provide the applicant the opportunity to
				give a detailed explanation.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 68 - Multiple Employer Welfare Arrangements › Section 68-6 - Premium rates

Current through July 10, 2024
Authority: IC
				  27-1-34-9
Affected: IC 27-1-34
Sec. 6.
A MEWA may not charge an adjustment to premium rates for
				  individual employees or dependents for health status related factors or
				  duration of coverage except for bona fide wellness programs as permitted under
				  the Health Insurance Portability and Accountability Act of 1996.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 68 - Multiple Employer Welfare Arrangements › Section 68-7 - Marketing practices

Current through July 10, 2024
Authority: IC
				  27-1-34-9
Affected: IC 27-1-34
Sec. 7.
(a) On
				request, the MEWA shall provide an employer with a summary of the plans for
				which the employer is eligible. All marketing materials shall include the
				disclosure required by section 16 of this rule.
(b) The department may require periodic
				reports by MEWAs and agents regarding health benefit plans issued by MEWAs.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 68 - Multiple Employer Welfare Arrangements › Section 68-8 - Third party administrator

Current through July 10, 2024
Authority: IC
				  27-1-34-9
Affected: IC 27-1-25; IC 27-1-34
Sec. 8.
(a) If a MEWA
				enters into an agreement with a third party administrator to provide
				administrative, marketing, or other services related to the offering of health
				benefits plans to employers in this state, the third party administrator must
				hold a license issued under IC 27-1-25.
(b) A trustee may not be an owner, officer,
				or employee of the administrator.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 68 - Multiple Employer Welfare Arrangements › Section 68-9 - Filings by multiple employer welfare arrangement

Current through July 10, 2024
Authority: IC
				  27-1-34-9
Affected: IC 27-1-34
Sec. 9.
(a) Each MEWA
				shall file the following information each year not later than February 15, May
				15, August 15, and November 15:
(1) Quarterly
				financial statements, including a balance sheet and income statement prepared
				in accordance with generally accepted accounting principles signed by an
				officer of the MEWA.
(2) A list of
				any employers who have obtained coverage with the MEWA during the previous
				quarter and the number of their covered employees.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 68 - Multiple Employer Welfare Arrangements › Section 68-10 - Financial condition

Current through July 10, 2024
Authority: IC
				  27-1-34-9
Affected: IC 27-1-34
Sec. 10.
Each MEWA shall maintain a minimum fund balance of five
				  hundred thousand dollars ($500,000). A MEWA that provides coverage for dental
				  and/or vision, or both, services only shall maintain a minimum fund balance of
				  one hundred fifty thousand dollars ($150,000).
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 68 - Multiple Employer Welfare Arrangements › Section 68-11 - Examination

Current through July 10, 2024
Authority: IC
				  27-1-34-9
Affected: IC 27-1-3.1; IC
				  27-1-34-6
Sec. 11.
(a) The
				commissioner or any person appointed by the commissioner shall have the power
				to examine the affairs of any MEWA and for such purposes shall have free access
				to all the books, records, and document that relate to the business of the plan
				and may examine under oath its trustees or directors, officers, agents, and
				employees in relation to the affairs, transactions, and conditions of the MEWA.
				Expenses of the examination shall be paid by the MEWA as provided in IC
				27-1-34-6.
				The examination shall be conducted and in accordance with IC 27-1-3.1 and may
				cover financial or market conduct issues.
(b) Each MEWA must have and maintain a place
				of business in Indiana and must make available to the commissioner complete
				records of its assets, transactions, and affairs in accordance with such
				methods and systems as are customary for or suitable to the kind or kinds of
				business transacted.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 68 - Multiple Employer Welfare Arrangements › Section 68-12 - Forms

Current through July 10, 2024
Authority: IC
				  27-1-34-9
Affected: IC 4-21.5; IC 27-1-34
Sec. 12.
(a) No
				participation agreement or contract form, application form, certificate, rider,
				endorsement, summary plan description, or other evidence of coverage may be
				issued unless the form, and any subsequent changes to the form, has been filed
				with the commissioner. The form may not be used for thirty (30) days after the
				filing unless the commission gives written approval of the form before the
				expiration of thirty (30) days.
(b)
				The commissioner may, within thirty (30) days after the filing of a form,
				disapprove the form if the form:
(1) violates
				or does not comply with this rule or any applicable statute;
(2) contains or incorporates by reference
				inconsistent, ambiguous, or misleading clauses or exceptions and conditions
				that deceptively affect the risk proposed to be assumed in the general coverage
				of the contract;
(3) has any title
				heading or other indication of its provision that is misleading;
(4) is printed or otherwise reproduced in
				such manner as to render any material provision of the form substantially
				illegible; or
(5) contains any
				provision that is unfair, inequitable, or encourages
				misrepresentation.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 68 - Multiple Employer Welfare Arrangements › Section 68-13 - Enforcement

Current through July 10, 2024
Authority: IC
				  27-1-34-9
Affected: IC 27-1-34
Sec. 13.
(a) The
				commissioner may deny, suspend, or revoke a certificate of registration if,
				after notice and a hearing, the commissioner finds that the MEWA has failed to
				meet the requirements of this rule or any applicable statute.
(b) The commissioner shall deny, suspend, or
				revoke the certificate of registration of a MEWA if the commissioner finds any
				of the following exist:
(1) The MEWA has a
				negative fund balance.
(2) The MEWA
				has refused to:
(A) be examined; or
(B) produce the MEWA's accounts, records, and
				files for examination; or any of the MEWA's officers have refused to give
				information with respect to the MEWA's affairs to perform any other legal
				obligation as to such examination when required by the commissioner.
(3) The MEWA has failed to pay a
				final judgment rendered against it in court within thirty (30) days.
(4) The MEWA no longer meets the requirements
				for the authority originally granted.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 68 - Multiple Employer Welfare Arrangements › Section 68-14 - Termination

Current through July 10, 2024
Authority: IC
				  27-1-34-9
Affected: IC 27-1-34
Sec. 14.
If a MEWA is terminated for any reason, the trust may not be
				  dissolved until all outstanding financial obligations of the MEWA are paid. The
				  MEWA may retain sufficient funds to provide coverage for an additional period
				  as the trustees of the MEWA consider prudent. The trustees may purchase
				  additional insurance for protection against potential future claims. Any funds
				  remaining in the MEWA after satisfaction of all obligations must be paid to
				  participating employers or covered employees in an equitable manner meeting
				  with the approval of the commissioner. Written notice of the termination must
				  be provided to each covered employee, the United States Department of Labor,
				  and the commissioner at least thirty (30) days before the effective date of the
				  termination.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 68 - Multiple Employer Welfare Arrangements › Section 68-15 - Liability of participants

Current through July 10, 2024
Authority: IC
				  27-1-34-9
Affected: IC 27-1-34
Sec. 15.
(a) The
				liability of each employer participant for the obligations of the MEWA is joint
				and several.
(b) Each employer
				participant has a contingent assessment liability pursuant to this section for
				payment of actual losses and expenses incurred while the participation
				agreement was in force.
(c) Each
				participation agreement or contract issued by the MEWA must contain a statement
				of the contingent liability of employer participants. Both the application for
				participation and the participation agreement must contain, in contrasting
				color and not less than twelve (12) point type, the statement, "This is a fully
				assessable contract. In the event (the MEWA) is unable to pay its obligations,
				participating employers will be required to contribute through an equitable
				assessment the money necessary to meet any unfulfilled obligations.".
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 68 - Multiple Employer Welfare Arrangements › Section 68-16 - Written notice

Current through July 10, 2024
Authority: IC
				  27-1-34-9
Affected: IC 27-1-34
Sec. 16.
(a) A MEWA
				shall provide to each participating employer the written notice, "In the event
				the plan or the MEWA does not ultimately pay medical expenses that are eligible
				for payment under the plan for any reason, the participating employer may be
				liable for those expenses.".
(b)
				Every application and coverage form, including certificates of coverage, must
				contain in not less than twelve (12) point type the notice, "Your coverage is
				issued by a multiple employer welfare arrangement. The multiple employer
				welfare arrangement may not be subject to all of the insurance laws and
				regulations of Indiana. State insurance guaranty funds are not available for
				your multiple employer welfare arrangement.".
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 68 - Multiple Employer Welfare Arrangements › Section 68-17 - Fees

Current through July 10, 2024
Authority: IC
				  27-1-34-9
Affected: IC 27-1-34
Sec. 17.
The following fees apply to MEWAs:
(1) An applicant shall pay a nonrefundable
				fee of three hundred fifty dollars ($350) for filing an application for a
				certificate of registration.
(2)
				Each MEWA holding a certificate of registration shall pay an annual internal
				audit fee of one hundred dollars ($100).
(3) A fee of fifty dollars ($50) shall
				accompany the filing of the annual report required by section 9 of this
				rule.
(4) A fee of thirty-five
				dollars ($35) shall accompany each form filed as required by section 12 of this
				rule.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 68 - Multiple Employer Welfare Arrangements › Section 68-18 - Fully insured MEWAs

Current through July 10, 2024
Authority: IC
				  27-1-34-9
Affected: IC 27-1-34
Sec. 18.
This rule does not apply to a fully insured MEWA. A fully
				  insured MEWA is a MEWA that provides benefits to its participating employees
				  and beneficiaries for which one hundred percent (100%) of the liability has
				  been assumed by an insurance company or health maintenance organization holding
				  a certificate of authority in Indiana. The covered individual must be entitled
				  to make a claim for payment directly to the insurance company or health
				  maintenance organization.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 68 - Multiple Employer Welfare Arrangements › Section 68-19 - Severability

Current through July 10, 2024
Authority: IC
				  27-1-34-9
Affected: IC 27-1-34
Sec. 19.
If any section or portion of a section of this rule or its
				  applicability to any person or circumstance is held invalid by a court, the
				  remainder of the rule or the applicability of the provision to other persons or
				  circumstances shall not be affected.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 69 - Recognition of the 2001 CSO Mortality Table for Use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits › Section 69-1 - Definitions

Current through July 10, 2024
Authority: IC
				  27-1-3-7; IC
				  27-1-12-7; IC
				  27-1-12-10.5
Affected: IC
				  27-1-12-7; IC
				  27-1-12-10.5
Sec. 1.
The following definitions apply throughout this rule:
(1) "2001 CSO Mortality Table" means that
				mortality table, consisting of separate rates of mortality for male and female
				lives, developed by the American Academy of Actuaries CSO Task Force from the
				Valuation Basic Mortality Table developed by the Society of Actuaries
				Individual Life Insurance Valuation Mortality Task Force, and adopted by the
				National Association of Insurance Commissioners in December 2002. Unless the
				context indicates otherwise, the term includes both the ultimate form of that
				table and the select and ultimate form of that table and includes both the
				smoker and nonsmoker mortality tables and the composite mortality tables. It
				also includes both the age-nearest-birthday and age-last-birthday bases of the
				mortality tables.
(2) "2001 CSO
				Mortality Table (F)" means that mortality table consisting of the rates of
				mortality for female lives from the 2001 CSO Mortality Table.
(3) "2001 CSO Mortality Table (M)" means that
				mortality table consisting of the rates of mortality for male lives from the
				2001 CSO Mortality Table.
(4)
				"Composite mortality tables" means mortality tables with rates of mortality
				that do not distinguish between smokers and nonsmokers.
(5) "Smoker and nonsmoker mortality tables"
				means mortality tables with separate rates of mortality for smokers and
				nonsmokers.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 69 - Recognition of the 2001 CSO Mortality Table for Use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits › Section 69-2 - 2001 CSO Mortality Table

Current through July 10, 2024
Authority: IC 27-1-3-7; IC 27-1-12-7; IC 27-1-12-10.5
Affected: IC 27-1-12-7; IC 27-1-12-10.5
Sec. 2.
(a) At the
				election of the company for any one (1) or more specified plans of insurance
				and subject to the conditions stated in this rule, the 2001 CSO Mortality Table
				may be used as the minimum standard for policies issued on or after January 1,
				2004, and before the date specified in subsection (b) to which IC 27-1-12-10(2)
[IC 27-1-12-10 was repealed by
				P.L.
				276-2013,
				SECTION
				5, effective July 1, 2013.]
, IC
				27-1-12-7(dd),
				760 IAC
				1-64-3(a), and
				760 IAC 1-64-3(b)
				 are applicable. If the company elects to use
				the 2001 CSO Mortality Table, it shall do so for both valuation and
				nonforfeiture purposes.
(b) Subject
				to the conditions stated in this rule, the 2001 CSO Mortality Table shall be
				used in determining minimum standards for policies issued on and after January
				1, 2009, to which IC 27-1-12-10(2)
[IC 27-1-12-10 was repealed by
				P.L.
				276-2013,
				SECTION
				5, effective July 1, 2013.]
, IC
				27-1-12-7(dd),
				760 IAC
				1-64-3(a), and
				760 IAC 1-64-3(b)
				 are applicable.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 69 - Recognition of the 2001 CSO Mortality Table for Use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits › Section 69-3 - Conditions

Current through July 10, 2024
Authority: IC 27-1-3-7; IC 27-1-12-7; IC 27-1-12-10.5
Affected: IC 27-1-12-7; IC 27-1-12-10.5
Sec. 3.
(a) For each
				plan of insurance with separate rates for smokers and nonsmokers, an insurer
				may use any of the following:
(1) Composite
				mortality tables to determine minimum reserve liabilities and minimum cash
				surrender values and amounts of paid-up nonforfeiture benefits.
(2) Smoker and nonsmoker mortality tables to
				determine the valuation net premiums and additional minimum reserves, if any,
				required by IC 27-1-12-10(6)
[IC 27-1-12-10 was repealed by
				P.L.
				276-2013,
				SECTION
				5, effective July 1, 2013.]
and use
				composite mortality tables to determine the basic minimum reserves, minimum
				cash surrender values, and amounts of paid-up nonforfeiture benefits.
(3) Smoker and nonsmoker mortality to
				determine minimum reserve liabilities and minimum cash surrender values and
				amounts of paid-up nonforfeiture benefits.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 69 - Recognition of the 2001 CSO Mortality Table for Use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits › Section 69-4 - Applicability of the 2001 CSO Mortality Table to 760 IAC 1-64

Current through July 10, 2024
Authority: IC 27-1-3-7; IC 27-1-12-7; IC 27-1-12-10.5
Affected: IC 27-1-12-7; IC 27-1-12-10.5
Sec. 4.
(a) The 2001
				CSO Mortality Table may be used in applying
				760 IAC 1-64 in the following
				manner, subject to the transition dates for use of the 2001 CSO Mortality Table
				in section 2 of this rule:
(1)
										760 IAC
				1-64-1(c)(3)(B): The net level
				reserve premium is based on the ultimate mortality rates in the 2001 CSO
				Mortality Table.
(2)
										760 IAC
				1-64-2(d): All calculations are made
				using the 2001 CSO Mortality Rate and, if elected, the optional minimum
				mortality standard for deficiency reserves stipulated in subdivision (4). The
				value of qx+k-1 is the valuation mortality rate for
				deficiency reserves in policy year k+t, but using the unmodified select
				mortality rates if modified select mortality rates are used in the computation
				of deficiency reserves.
(3)
										760 IAC
				1-64-3(a): The 2001 CSO Mortality
				Table is the minimum standard for basic reserves.
(4)
										760 IAC
				1-64-3(b): The 2001 CSO Mortality
				Table is the minimum standard for deficiency reserves. If select mortality
				rates are used, they may be multiplied by X percent for durations in the first
				segment, subject to the conditions specified in
				760 IAC 1-64-3(b)(3)(A)
				 through
				760 IAC
				1-64-3(b)(3)(I). In demonstrating
				compliance with those conditions, the demonstrations may not combine the
				results of tests that utilize the 1980 CSO Mortality Table with those tests
				that utilize the 2001 CSO Mortality Table unless the combination is explicitly
				required by rule or necessary to be in compliance with relevant Actuarial
				Standards of Practice.
(5)
										760 IAC
				1-64-4(c): The valuation mortality
				table used in determining the tabular cost of insurance shall be the ultimate
				mortality rates in the 2001 CSO Mortality Table.
(6)
										760 IAC
				1-64-4(e)(4): The calculations
				specified in
				760 IAC 1-64-4(e)
				 shall use the ultimate mortality rates in
				the 2001 CSO Mortality Table.
(7)
										760 IAC
				1-64-4(f)(4): The calculations
				specified in
				760 IAC 1-64-4(f)
				 shall use the ultimate mortality rates in
				the 2001 CSO Mortality Table.
(8)
										760 IAC
				1-64-4(g)(2): The calculations
				specified in
				760 IAC 1-64-4(g)
				 shall use the ultimate mortality rates in
				the 2001 CSO Mortality Table.
(9)
										760 IAC
				1-64-5(a)(1)(B): The one (1) year
				valuation premium shall be calculated using the ultimate mortality rates in the
				2001 CSO Mortality Table.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 69 - Recognition of the 2001 CSO Mortality Table for Use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits › Section 69-5 - Gender-blended tables

Current through July 10, 2024
Authority: IC
				  27-1-3-7; IC
				  27-1-12-7; IC
				  27-1-12-10.5
Affected: IC
				  27-4-1-4
Sec. 5.
(a) For any
				ordinary life insurance policy delivered or issued for delivery in this state
				on and after January 1, 2004, that utilizes the same premium rates and charges
				for male and female lives or is issued in circumstances where applicable law
				does not permit distinctions on the basis of gender, a mortality table that is
				a blend of the 2001 CSO Mortality Table (M) and the 2001 CSO Mortality Table
				(F) may, at the option of the company for each plan of insurance, be
				substituted for the 2001 CSO Mortality Table for use in determining minimum
				cash surrender values and amounts of paid-up nonforfeiture benefits. No change
				in minimum valuation standards is implied by this provision.
(b) The company may choose from among the
				blended tables developed by the American Academy of Actuaries CSO Task Force
				and adopted by the National Association of Insurance Commissioners in December
				2002.
(c) It shall not, in and of
				itself, be a violation of IC
				27-4-1-4 for an insurer to issue
				the same kind of policy of life insurance on both a sex-distinct and
				sex-neutral basis.
Indiana Administrative Code › Title 760 - DEPARTMENT OF INSURANCE › Article 1 - GENERAL PROVISIONS › Rule 69 - Recognition of the 2001 CSO Mortality Table for Use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits › Section 69-6 - Incorporation by reference

Current through July 10, 2024
Authority: IC
				  27-1-3-7; IC
				  27-1-12-7; IC
				  27-1-12-10.5
Affected: IC
				  27-4-1-4
Sec. 6.
The 2001 Commissioner's Standard Ordinary Mortality Tables
				  are incorporated by reference as a part of this rule. These documents are
				  available for public review at the department.