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Company Compliance

IMPORTANT NOTICE

P.L. 81-2012 (HEA 1226), effective July 1, 2012, amended IC 27-1-20-36 to add a new section requiring individual health insurers to provide the Department written notice of the insurer's intent to withdraw from the individual health insurance market at least 180 days before the insurer withdraws.

Questions regarding this Notice should be directed to Erin Mathies, Deputy Commissioner for Health Policy, at (317)234-7732 or emathies@idoi.in.gov.

IMPORTANT NOTICE

P.L. 13-2012 (HEA 1050), effective July 1, 2012, amended IC 27-1-2.1 to exempt health care sharing ministries from all requirements of Indiana insurance law and specifies requirements for a health care sharing ministry.

Questions regarding this Notice should be directed to Erin Mathies, Deputy Commissioner for Health Policy, at (317)234-7732 or emathies@idoi.in.gov.

IMPORTANT NOTICE

Notice to Insurers and Producers Regarding the Use of Rating Differences
Intended to Control Rate Changes

P.L. 55-2011 (HEA 1385), effective July 1, 2011, amended IC 27-1-22-3(a)(4) to allow rating differences intended to control rate changes under certain circumstances.  After careful consideration, the Department has determined that the phrase “transfer of a policy in force among insurers” includes insurers represented by the same independent agent and applies in the case of a book roll.  When reviewing filed rates, the Department will not object if a rating plan is intended to control rate fluctuations applicable to current policyholders as a result of a book roll.   Rating plans previously rejected may be resubmitted for review based on the statutory change. 

Questions regarding this Notice should be directed to Kate Kixmiller, Deputy Commissioner for Property & Casualty, at (317) 232-3495 or kkixmiller@idoi.IN.gov.

IMPORTANT NOTICE

Indiana HEA 1024 (P.L. 116-2011), effective July 1, 2011, adds sub-section IC 27-7-5-2(f), which eliminates the requirement to make uninsured and underinsured motorist coverage available on commercial policies in which the only auto exposure is for hired/non-owned vehicles.  The UM/UIM offer continues to be required in conjunction with commercial policies that cover owned vehicles.  Commercial umbrella and commercial excess liability policies are exempt from the UM/UIM offer requirement per IC 27-7-5-2(d).

IMPORTANT NOTICE

The Indiana Department of Insurance urges insurance companies offering coverage for residential property and personal property used within residential dwellings to provide conspicuous written disclosure to the prospective named insured or the named insured that claims against the policy may be considered by the insurer in determining whether to renew the policy.

IMPORTANT NOTICE

In 2009 the IDOI began objecting to various types of Other Insurance provisions in property and casualty policies providing motor vehicle coverage because of legislative amendments to IC 27-8-9-7 regarding primary coverage for passengers.  Additional amendments to IC 27-8-9-7(e) in 2010 have led the IDOI to the conclusion that certain of these objections are no longer necessary.  Henceforth, Other Insurance provisions under the liability coverage section of motor vehicle policies which include no exception indicating primary coverage for passengers will not be objected to by the Department.  However, the IDOI continues to interpret the statute to continue to require an owner's policy to provide primary coverage for passengers under Med Pay and UM/UIM.

IMPORTANT NOTICE

Effective 5/1/2010 for specified accident and health rate revisions and effective 6/1/2010 for private passenger auto and homeowners rate revisions, our SERFF filing requirements will include required completion of all fields on the rate/rule schedule tab.  Additional compulsory information is also identified by line of business in our updated SERFF submission requirements.  Detailed information regarding these updates can be accessed via the SERFF system.

IMPORTANT NOTICE TO FILERS OF TRAVEL INSURANCE FORMS AND RATES

You will no longer have to make separate filings under Property/Casualty and Accident/Health for products that ‘bundle’ both exposures.  Travel filings may be made under either a 1B or 2A licensure, but all travel filings should be submitted under the NAIC A&H TOI as they will be reviewed by the A&H analysts.  This brings you the opportunity to file group platform products which could not be done previously under P&C rules.  This change of procedure is effective June 1, 2008.  Any filings received on or after that date will be handled as outlined above.  

Public Access to Rate and Form Filings

Policy forms, rates and rules are available for public access at the Indiana Department of Insurance by accessing the Rate Watch web application, by appointment or through outside vendors. The vendor information listed below is provided as a courtesy. The Indiana Department of Insurance does not recommend or endorse private vendors.

Rate Watch  The website application will allow consumers to review information regarding premiums charged for health insurance and search recently submitted rate filings.  The rate filings are available at http://www.in.gov/idoi/ratewatch/.

Health Filings   The following link provides the health insurance companies that requested a rate increase in Indiana for their specific health product:
http://www.in.gov/IDOI/RateWatch/HealthFilings.aspx.
The filings are posted in accordance with the Rate Increase Disclosure and Review 45 CFR Part 154 issued by the Department of Health and Human Services on May 23, 2011. 

Outside Vendors

Perr & Knight   Through an arrangement between Perr & Knight and the Indiana Department of Insurance, all policy forms, rates and rule filings with the Department of Insurance are scanned and made available to the public online. For a fee, anyone may view and download this information from Perr & Knight at http://www.perrknight.com/. Perr & Knight may also be contacted by phone at (310) 230-9339.

Martin & Company   Martin & Company has available approved rate and form filings accessible through http://www.filingsdirect.com/. This searchable, multi-state database will provide individuals the ability to search for recently approved filings. For a fee these filings can be downloaded. On-site research is available for specific or large filing projects. Martin & Company can be reached at ratefilings@filingsdirect.com or (800) 896-8000.

Information Recovery Corporaton   Located in Indianapolis, IRC provides timely, on-site, personalized, custom searches for paper, SERFF, and archived filings at a competitive rate.  Contact James A. Gillaspy at jimgillaspy@att.net or call (317) 997-8452.

A.M. Best provides access to a Multi-State Searchable Database for a fee per state.  The database allows users to view and download the complete filings for both Commercial and Personal lines as filed by Property/Casualty companies with the state.  For further information contact A.M. Best at ratefilings@ambest.com or call 908-439-2200 Ext 5674.

The Department of Insurance continues to provide access to paper copies of all filing information at no charge to members of the public. Access to original filings may be obtained by first calling ahead, requesting the specific filings desired, and arranging an appointment to view the documents at IDOI offices located at 311 West Washington Street, Indianapolis, Indiana.

Appointments for on-site viewing at IDOI may be made by emailing Benjamin Van or by calling him at (317) 232-4391.

For those wishing to make copies of filing information, a coin-operated copier is provided.

Rate and Form Submission Requirements

Under IC 27-1-3-15, the following fees apply to all rate and form product filings in all classes of business:

Each insurer shall remit to the commissioner for deposit into the Department of Insurance fund established by IC 27-1-3-28, a fee of $35 per company for each policy, rider, rule, rate, or endorsement filed with the state including subsequent filings. As provided in IC 27-1-3-15 (f), each policy, rider, rule, rate, or endorsement that is filed as part of a commercial product filing or in association with a commercial product filing is an individual filing subject to a fee of $35 per company. The total amount of fees paid by each insurer for a particular product filing may not exceed the greater of one thousand dollars ($1,000) or the retaliatory amount, as required by IC 27-1-20-12.

  1. Revisions in a product filing before it is completed by the Department are not subject to any additional fee. However, any subsequent changes to the filing after completion will generate new filing fees, including any applicable retaliatory fees.
  2. Entities within the same insurance group making simultaneous identical filings must each pay the filing fees.
  3. Filings made by a rating organization on behalf of their members or subscribers are subject to these filing fees. Members or subscribers who deviate from the rating organization's filing, or file loss cost multipliers, are subject to the fees.
  4. Reference filers and service purchasers must pay the filing fees.
  5. Company manuals are not required to be filed. However, if a company chooses to submit rates or rules in the format of manual pages, that is acceptable.
  6. Filings made to non-adopt or indefinitely delay a rating organization's filing are not subject to fees.

Product Filing Fees Payment Requirements

Begining January 1, 2013, IDOI requires all state product filing fees for rates, policy forms and/or rules to be submitted via Electronic Funds Transfer (EFT) at the time of filing submission.  The IDOI will no longer invoice filing fees on a quarterly basis.

If your company has already implemented EFT in the System for Electronic Rate and Form Filing (SERFF), no further action is needed.  If your company has not implemented EFT, contact the SERFF Marketing Team by email at serffmktg@naic.org or at 816-783-8787 to implement this option.  Additional information is available at http://www.serff.com/eft.htm. For those companies that do not file via SERFF, please contact the IDOI for an alternative arrangement.

Contact Alonza Taylor, Filing Fees Auditor at  ataylor@idoi.in.gov or 317-234-5473 for questions regarding filing fees.

Filing Procedures

Property/Casualty product filings for policy forms, rates or rules may be filed via SERFF.

Property/Casualty insurance scoring models containing credit information only are eligible for confidential treatment under IC 27-2-21-20 and must be filed separately from other filing materials as a paper filing.

All Accident/Sickness and Life/Annuity product filings for forms and rates may be filed via SERFF or on paper. Other types of reporting requirements such as Medicare Supplement Refund Calculation Reports, Long Term Care Reports, and Credit Deviation Reports should continue to be submitted by paper ONLY. 

General Rules for all Product Filings

  1. Include a properly completed NAIC Transmittal Document with all appropriate forms, rate & rule schedules.
  2. Use the NAIC Uniform Coding Matrix when necessary.
  3. A cover letter is not required but may be included if there is additional information that would be helpful in the product review.
  4. For paper filings, include a postage-paid, self-addressed envelope of adequate size to accommodate the return of the 'approved' or 'stamped' filing.
  5. All policies, applications, riders, etc. must be in final print form with the appropriate form numbers listed in the lower left corner of at least the first page of each form.
  6. Form numbers cannot be variable.
  7. When a filing is submitted by an outside consulting firm, a letter giving authorization to file on behalf of the company(s) is required. When filing for multiple companies, please pre-sort the materials by company before submitting.
  8. Foreign language versions of all forms must be filed. A foreign language version filing must include:
    1. English version of the form with prior approval date (if filed separately).
    2. Translator's certification of the accuracy of the English translation version as per Bulletin 106.
    3. We recommend the English version be filed first, independent of the foreign version, to save translation costs or the need for a new certification for every correction or change made.