Category(s): Florida - 03/22/2021

On February 2, 2021, Florida’s Governor and Cabinet approved requests  from the OIR to publish several notices of proposed rules. Once published, the rules are open for public comment. If no rule hearing is requested, or if a rule hearing is requested and no change is needed, the rules will be filed with the Department of State and become effective 20 days from the date of filing.
•	OIR: Notice of Proposed Rule – Chapter 69O-196, Premium Finance Companies 
•	OIR: Notice of Proposed Rule – Chapter 69O-198, Service Warranty Associations 
•	OIR: Notice of Proposed Rule – Chapter 69O-198, Service Warranty Associations 
•	OIR: Notice of Proposed Rule – Rule 69O-198.013, Change in Corporate or Business Name 
•	OIR: Notice of Proposed Rule – Chapter 69O-201, Legal Expense Insurance Corporations 
•	OIR: Notice of Proposed Rule – Chapter 69O-201, Legal Expense Insurance Corporations 
•	OIR: Notice of Proposed Rule – Chapter 69O-199, Home Warranty Associations 
•	OIR: Notice of Proposed Rule – Chapter 69O-199, Home Warranty Associations 

Richard J. Fidei, Esq. - GREENBERG TRAURIG LLP, (954) 592-5530

Category(s): Florida - 03/29/2021

In response to the COVID-19 pandemic, Citizens established a temporary moratorium on cancellations and nonrenewals in March 2020 to ease the burden on policyholders. Citizens published several updates throughout the year on April 3, 2020,  May 22, 2020,  and August 10, 2020,  respectively. On January 6, 2021, Citizens advised it will resume processing cancellations and nonrenewals beginning February 1, 2021. Further details can be found here. 

Richard J. Fidei, Esq. - GREENBERG TRAURIG LLP, (954) 592-5530

Category(s): Florida - 03/24/2021

On September 22, 2020, the Florida Cabinet approved requests  from the OIR for publication and final adoption of multiple insurance rules. Following Cabinet approval, the final rules were filed with the Department of State on December 14, 2020. As such, the following rules became effective 20 days after the date of filing, on January 3, 2021:
•	Rule 69O-137.008, F.A.C, Filing of Statistical and Quarterly Reports for Individually Rated Risks and Excess Rates  
•	Rule 69O-143.0465, F.A.C., Group-wide Supervision of Internationally Active Insurance Groups  
•	Rule 69O-143.0466, F.A.C., Contents of Corporate Governance Annual Disclosure 
•	Rule 69O-149.006, F.A.C., Actuarial Memorandum 
•	Rule 69O-171.010, F.A.C., Insurer Assignment Agreement Reporting – Calendar Year Experience 
•	Rule 69O-191.055, F.A.C., Actuarial Memorandum and Definitions 

Fred E. Karlinsky, Esq. - GREENBERG TRAURIG, P.A., (954) 768-8278 , karlinskyf@gtlaw.com

Category(s): Georgia - 03/30/2021

Georgia hospitals are experiencing extreme demand due to the COVID-19 pandemic. Making the situation more dire, hospitals are also experiencing staff shortages. It has become apparent a quick way to free clinical staff to support patient care in facilities is by suspending requirements around concurrent and utilization review so that staff who may handle review functions could be re-deployed to assist with the increased demand for services. Given the current situation in Georgia’s hospitals, any clinical staff who can be doing clinical work should be doing so. 
Suspension of Preauthorization Requirements for Scheduled Surgeries or Admissions at Hospitals. The Department of Insurance (“Department”) is advising issuers that they should suspend preauthorization review for scheduled surgeries or admissions at hospitals for 30 days from the date of this letter, subject to further evaluation as the COVID-19 situation develops. However, hospitals should use their best efforts to provide 48 hours’ notice to the issuer after admission to a hospital, including information necessary for an issuer to assist in coordinating care and discharge planning. 
Suspension of Concurrent Review for Inpatient Hospital Services. Hospitals may lack the resources for staff to respond to utilization review requests for concurrent review while responding to the surge in patients due to COVID-19. Therefore, the Department is advising issuers that they should suspend concurrent review for inpatient hospital services provided for 30 days from the date of this Directive, subject to further evaluation as the COVID-19 situation develops.
Applicability to Third-Party Administrators of Self-Funded Plans. Adherence to this Directive is essential to ensure that hospitals are able to direct resources to patient care to handle increases in patient volume due to the COVID-19 state of emergency. Third-party administrators, which are licensed by the Department as independent adjusters, are strongly encouraged to apply the provisions of this circular letter to their administrative services arrangements with self-funded plans.

Tony Roehl, Esq. - BAKER HOSTETLER LLP, (404) 256-8419 , troehl@bakerlaw.com

Category(s): Georgia - 03/29/2021

COVID-19 testing is critical with the recent uptick in cases in Georgia. Delays in obtaining test results can make it more difficult for hospitals and providers to contain this winter’s outbreak. Insurers could see excessive charges from the commercial labs doing the testing, and, as many commercial labs are not in-network with health plans in Georgia, the labs could have a difficult time being reimbursed by insurers. 
Commissioner King is requesting that all Georgia health plans reimburse labs who are testing for COVID-19 at an in-network rate. Commissioner King also asks that all labs involved in testing for COVID-19 accept reimbursement at an in-network rate and refrain from increasing their charges.
Georgia's Office of Commissioner of Insurance and Safety Fire Directives can be found here. 

Tony Roehl, Esq. - BAKER HOSTETLER LLP, (404) 256-8419 , troehl@bakerlaw.com

Category(s): Indiana - 03/22/2021

The Indiana General Assembly passed, and Governor Eric Holcomb signed, a bill  that provides civil tort immunity from claims arising from COVID-19. This immunity includes claims related to premises liability and product liability, except for acts or omissions constituting gross negligence or willful or wanton misconduct. The bill’s provisions are effective immediately. A companion bill  that would provide more expansive immunity from other claims arising from COVID-19 is working its way through the Indiana General Assembly.

Caryn M. Glawe, Esq. - Faegre Drinker Biddle & Reath LLP, (317) 237-1488 , caryn.glawe@faegredrinker.com

Category(s): New York - 03/22/2021

The Superintendent of the New York State Department of Financial Services (“DFS”) responds to the Federal Reserve Board’s (“FRB”) Advance Notice of Proposed Rulemaking (“ANPR”) concerning the federal CRA of 1977 given the importance of the CRA to communities across the country and in New York State. Click here  to read Docket No. R-1723; RIN Number 7100-AF94.

Frederick J. Pomerantz, Esq. - INSURANCE LEGAL & REGULATORY CONSULTING, PLLC, (516) 297-3101 , PomerantzF35@gmail.com

Category(s): New York - 03/29/2021

In partnership with the Conference of State Bank Supervisors and the Alliance for Innovative Regulation, DFS sponsored a techsprint  to design a Digital Regulatory Reporting mechanism for virtual currency companies. The objective of the effort was to identify emerging risks related to cryptocurrency and to move toward a next generation approach that utilizes technology to more effectively supervise regulated entities.
The techsprint convened virtual currency professionals, regulators and technologists working on regulatory compliance solutions and took place March 1 - March 12, 2021. Click here  to learn more.

Frederick J. Pomerantz, Esq. - INSURANCE LEGAL & REGULATORY CONSULTING, PLLC, (516) 297-3101 , PomerantzF35@gmail.com

Category(s): New York - 03/29/2021

The first COVID-19 vaccines are here. Supply from the Federal Government is extremely limited. Additional New Yorkers will become eligible as the vaccine supply increases. While the vaccination process is underway, every New Yorker should wear a mask, social distance and avoid small and large gatherings.
Over seven million New Yorkers are now eligible  for the vaccine. Eligible groups include doctors, nurses and health care workers, people age 65 and over, first responders, teachers, public transit workers, grocery store workers and public safety workers. 
Beginning February 15, New Yorkers with certain comorbidities and underlying conditions  will be eligible to receive the vaccine.
For more information, click here. 

Frederick J. Pomerantz, Esq. - INSURANCE LEGAL & REGULATORY CONSULTING, PLLC, (516) 297-3101 , PomerantzF35@gmail.com

Category(s): South Dakota - 03/22/2021

The South Dakota Legislature following a similar pattern in Iowa and Kansas has passed legislation to permit the South Dakota Farm Bureau to establish a health benefit plan that will not be the subject of regulation by the South Dakota Division of Insurance. The bill now goes to the Governor for signature.

Dennis Duncan, Esq. - THE DUNCAN LAW FIRM, L.L.P., (605) 361-9840 , dlduncan@ddlawsd.com