

State-by-state variations of laws, compliance protocols, industry transparency, and general regulatory culture can lend one the impression that keeping up with industry changes is a little bit like herding cats. So, what better way to wrangle some of the more localized insurance news than in a Regulatory Roundup?
On an ongoing basis, in no particular order or rank, we’re wrestling the various regulatory changes, compliance actions, and commissioner decisions into our roundup. As a disclaimer: There’s a lot going on at any given time in these here United States, so this isn’t a comprehensive picture of state-level action by any means. Think of it as, instead, a sampler platter of regulation.
Also important to note: If we’re recapping interpretations of legal decisions, this is some armchair insurance speculation and not at all legal advice. If you need legal advice, get a lawyer.
NAIC recognizes four state regulators for excellence
December’s Fall National Meeting for the National Association of Insurance Commissioners (NAIC) enjoyed the usual education, discussions over Big Data and generative AI, and networking. Commissioners also took a moment to recognize state regulators who’ve served their states and – via work in the NAIC – the country at large.
NAIC outgoing President Chlora Lindley-Myers presented four regulators with the Robert Dineen Award, recognizing their contributions to the industry:
- George Bradner, Assistant Deputy Commissioner and Property & Casualty Division Director, Connecticut Insurance Department
- Denise Gardner, Chief of Staff, Louisiana Department of Insurance
- Joy Little, Chief Examiner and Director of the Insurance Company Examinations section, Tennessee Department of Insurance
- Jackie Obusek, Chief Deputy Commissioner of Insurance, North Carolina Department of Insurance
We won’t reiterate everything that the NAIC’s news release said about these fantastic individuals, but, if you have a moment, please take a bit to read through the news release at the NAIC website.
Bradner, Gardner, Little, and Obusek are just a few of the largely unsung heroes of the insurance industry, people who have worked hard to make it safer for consumers and easier for those of us who work in the industry to accomplish good things. Congratulations!
Delaware prepping carriers for state solutions for paid family and medical leave
A Department of Insurance (DOI) bulletin in mid-December 2023 attempts to prepare insurance carriers that offer paid family and medical leave policies for the states changes, effective Jan. 1, 2025.
The state passed a law in May 2022 to create a statewide paid family and medical leave program that’ll require employers with 10 or more employees to offer some version of paid leave for parents and those who need time off to care for themselves or a family member’s health.
The Delaware Paid Family and Medical Leave Insurance Program entered its first stage Oct. 1, 2023, to Jan. 1, 2024, as the state’s portal opened for employers with existing leave insurance to apply for grandfather exemptions that will allow them to count their current policies toward the state’s requirements.
Insurance carriers that issue private paid leave plans in the state must also submit forms and a checklist to help the state determine whether their plans comply with the state’s new laws and standards for paid leave plans. To be clear, employers with short-term disability insurance won’t automatically comply because STD policies usually don’t cover taking time off to care for sick family members.
Employers with existing leave coverage who get a grandfathered approval can opt out of the state’s required insurance program. Beginning Jan. 1, 2025, businesses without an exemption will begin contributing to the state insurance pool for paid leave, and employees can begin filing claims Jan. 1, 2026.
Washington OIC releases report on health care affordability
Health care is an ever-present hot topic, but Washington’s Office of the Insurance Commissioner, under the direction of Mike Kreidler, was tasked with examining health care, insurance, and affordability in the state. Now, the office has compiled the data to share with the state’s legislature, and the results are quite revealing.
“Washington state has made tremendous progress in helping people access health coverage,” said Commissioner Kreidler in a news release. “Our uninsured rate is one of the lowest in the country, and I’m so proud we were early adopters of Medicaid expansion. But too many people have health insurance they cannot afford to use. We need to get at the underlying costs of health care and I’m grateful the legislature is helping us do this critical work.”
One aspect of the report included a 2022 statistic finding 62 percent of Washington residents had, in the past year, struggled to afford adequate health care. The report notes people take actions such as depleting their savings, delaying care they know they need, and even rationing prescription drugs. That 62 percent of respondents included many people who have health insurance, but who feel they cannot afford to use it.
Another fun fact: Eight hospital conglomerates control more than 90 percent of hospital beds in the state, and more than 65 percent of the physicians or physician assistants.
The report cites market consolidation as a threat to health care affordability and availability, and promises a follow-up will speak to how the state legislature and insurance carriers can work together to better cover Washingtonians.
Other state regulatory changes
Alabama added language to its coordination of benefits regulations, when multiple health insurers cover the same person. New language clarifies that only Medicare and Medicare Advantage plans can require a prior authorization for Medicaid claims, and that a person’s primary health care plan must respond to state inquiries within 60 days. The state also revised guidelines on gifting.
Arizona is transitioning its continuing education (CE) services course completion reporting to the NAIC’s State Based Systems (SBS) app, available Jan. 17, 2024.
California announced in December that, starting Jan. 1, 2024, the state will require the Department of Insurance to administer all license exams for insurance producers in Spanish, Simplified Chinese, Vietnamese, and Korean. An additional Tagalog requirement will take effect July 1, 2024.
Colorado Division of Insurance officials closed comments on drafts of administrative orders that’d require insurance carriers to cover respiratory syncytial virus (RSV) immunizations without cost sharing. The state DOI also adopted bulletins regarding special enrollment periods for health care related to pregnancy, rule clarifications for life insurers that don’t use outside data sources, and clarifications about what life insurers the state’s new data regulations apply to.
Connecticut issued a reminder to Kia and Hyundai owners to be aware of problems with certain models that make them prone to break-ins and theft. From software updates to wheel lock hardware, the state implored consumers to protect themselves.
Delaware reminded health insurance carriers operating in the state of the market reinsurance assessment they must pay by March 1, 2024 – the assessment is 2.75 percent of the amount that’s used to calculate premium tax liability.
Kentucky issued renewal dates for appointments for producers with property and casualty and other limited lines licenses – invoices are open Jan. 8 to March 31, 2014, and late renewals will run from April 1 to June 30, 2024.
Louisiana Commissioner James Donelon revised and reissued Bulletin 2011-01, which gives guidance on surplus lines and nonadmitted insurance in the state, with updated citations and department contact information.
Michigan issued a reminder to consumers to check their auto coverage for collision coverage, citing the Michigan Office of Highway Safety Planning statistic that 2022 saw more than 58,000 deer-vs.-auto collisions. The state also announced an initial license application fee for PBMs at $5,000.
New Mexico issued renewal dates for appointments for individual producers in 2024 – Jan. 3 to March 1, 2024. The state also announced broker-dealers could conduct annual compliance audits of single-agent branch offices (yes, this is a securities update) remotely instead of needing to be physically on location.
Oklahoma moved from OPTIns to the SLAS Clearinghouse for its surplus lines filing and premium tax reporting, effective Jan. 1, 2024. (If you’re aching for more surplus lines compliance, we’ve got you.)
Oregon legislators passed laws to regulate entities that are collecting, selling, or licensing Oregon consumer data. The new law requires data brokers who are touching Oregon consumer data to register in the state starting Jan. 1, 2024.
Pennsylvania has moved to electronic forms processing. After Jan. 15, 2024, forms for surplus lines affiliations, fictitious and DBA names, agency address changes or name changes, individual name changes, and letters of clearance will be digitally processed and will no longer require a $25 processing fee.
Texas regulators proposed changes to the state’s insurance administrative code to allow more flexibility for military service members, veterans, and military spouses. The proposed changes would make it easier for agents connected to the military to work in the state, and would align state administrative rules with legislation passed earlier in the year.
Utah adopted the Suitability in Annuity Transactions regulations from the NAIC, which went into effect Dec. 8, 2023.
Washington is looking for help to make the state’s insurance website more navigable. They’re offering $50 gift cards, and if you have 15 minutes to help them out, think about it because here at AgentSync we love a good UX campaign.
Wisconsin trumpeted the success of the state’s most recent NAIC accreditation. The NAIC reviews state DOIs every five years, and to get a sense of what NAIC accreditation entails, check out our past coverage.
Wyoming announced the appointment renewal dates for the state, with invoices open Feb. 1 to March 31, 2024.
While these points of interest aren’t comprehensive, our knowledge of insurance producer and variable lines broker license and compliance maintenance is. See how AgentSync can help make you look smarter today; head over to the Compliance Library and wrastle up some state-by-state regulation and more jurisdictional updates.