Category(s): - 09/24/2021

On July 30, 2021, the U.S. Government Accountability Office (GAO) published recommendations on FEMA's National Flood Insurance Program (NFIP), including the implementation of the mandatory purchase requirement. Currently, homeowners with federally regulated mortgages are required by the NFIP to purchase flood insurance if they are located in areas of high flood risk. These areas are determined by NFIP's floodplain maps which, according to GAO's report, are outdated. The GAO recommends that Congress should consider requiring FEMA to use current flood risk data to determine which properties should be subject to the mandatory purchase requirement. The full GAO report can be accessed <a href="https://www.gao.gov/products/gao-21-578#summary_recommend" target="_child">here.</a>

Category(s): - 09/24/2021

During the National Council of Insurance Legislators (NCOIL) Summer National Meeting in Boston on July 14-17, 2021, Senator Neil Breslin (D-NY), Chair of the NCOIL Special Committee on Race in Insurance Underwriting, and Representative Matt Lehman (R-IN), NCOIL President, introduced a series of Resolutions: (1) Resolution Regarding the Use of Certain Rating Factors; (2) Resolution Regarding the Use of Artificial Intelligence in Underwriting; and (3) Resolution Regarding Insurance Score Transparency. The Resolutions were adopted by the Special Committee, resulting in the subsequent conclusion and sunset of the Committee’s work. The Resolutions can be viewed <a href="http://ncoil.org/special-committee-on-race-in-insurance-underwriting-2/" target="_child">here. </a> The NCOIL press release and statement on the Resolutions can be found <a href="http://ncoil.org/wp-content/uploads/2021/07/Special-Cmte-Sponsors-Stmt-7-8-21.pdf" target="_child">here. </a>

Category(s): - 09/24/2021

The Affordable Care Act (ACA) requires that insurers planning to increase plan premiums submit their rates to the Alabama Department of Insurance for review.
The rate review process is designed to improve insurer accountability and transparency. It ensures that experts evaluate whether the proposed rate increases are based on reasonable cost assumptions and solid evidence. The ACA also requires that a summary of rate review justifications and results be accessible to the public in an easily understandable format. The Federal HealthCare.gov Rate Review website is designed to meet that mandate. For more information, please click <a href="https://ratereview.healthcare.gov/" target="_child">here. </a> 
The information is provided in the tables <a href="http://www.forc.org/Public/Alerts/2021/Documents/ACA Rate Changes for Alabama Policies.aspx" target="_child">here </a> along with the links to the redacted actuarial memorandums, which support these changes. The rate changes are being proposed and reviewed by the Alabama Department of insurance (ALDOI).  As soon as they are final, they may be purchased on the Federal Exchange or through private agents and brokers. The programs will be effective beginning on January 1, 2022. 
If you wish to submit a comment, please use the form available <a href="https://www.aldoi.gov/Consumers/FileComplaint.aspx" target="_child">here. </a>

Category(s): - 09/24/2021

The Florida Office of Insurance Regulation (OIR) previously approved a rate increase for the Citizens Property Insurance Corporation (Citizens) which went into effect for new and renewal policies on August 1, 2021. On July 14, 2021, the Citizens Board of Governors approved an additional 2.3% increase to average premiums that would take effect in February 2022. If approved by the OIR, policies renewing after February 1, 2022 would now see average increases of 7.6%. The Board’s decision took recent legislation into account, which is intended to curb Citizens’ overwhelming policy growth. Further information is outlined within Citizens’ <a href="https://www.citizensfla.com/-/20210714-citizens-board-approves-rates-adjustments-for-february" target="_child">press release. </a>

Category(s): - 09/24/2021

Effective August 2, 2021, the Florida Department of Financial Services Division of Workers’ Compensation (DWC) revised rules within Chapter 69L-31, Utilization and Reimbursement Dispute Rules. The updated forms for <a href="https://www.flrules.org/Gateway/reference.asp?No=Ref-13337" target="_child">69L-31.003, F.A.C. </a>, Petition for Resolution of Reimbursement Dispute (DFS Form 3160-0023), and <a href="https://www.flrules.org/Gateway/reference.asp?No=Ref-13338" target="_child">69L-31.004 </a>, F.A.C., Carrier Response to Petition for Resolution of Reimbursement Dispute (DFS Form 3160-0024), are available on the DWC’s <a href="https://www.myfloridacfo.com/Division/WC/PublicationsFormsManualsReports/Forms/Default.htm" target="_child">Forms Page </a>, under the 69L-31 dropdown. The revised rules within Chapter 69L-31 which became effective on August 2, 2021 are as follows:
•	<a href="https://www.flrules.org/gateway/RuleNo.asp?title=UTILIZATION%20AND%20REIMBURSEMENT%20DISPUTE%20RULES&ID=69L-31.002" target="_child">69L-31.002 </a>	Definitions	
•	<a href="https://www.flrules.org/gateway/RuleNo.asp?title=UTILIZATION%20AND%20REIMBURSEMENT%20DISPUTE%20RULES&ID=69L-31.003" target="_child">69L-31.003 </a>	Petition for Resolution of Reimbursement Dispute Form and Requirements	
•	<a href="https://www.flrules.org/gateway/RuleNo.asp?title=UTILIZATION%20AND%20REIMBURSEMENT%20DISPUTE%20RULES&ID=69L-31.004" target="_child">69L-31.004 </a>	Carrier Response to Petition for Resolution of Reimbursement Dispute Form and Requirements
•	<a href="https://www.flrules.org/gateway/RuleNo.asp?title=UTILIZATION%20AND%20REIMBURSEMENT%20DISPUTE%20RULES&ID=69L-31.005" target="_child">69L-31.005 </a>	Written Determinations	
•	<a href="https://www.flrules.org/gateway/RuleNo.asp?title=UTILIZATION%20AND%20REIMBURSEMENT%20DISPUTE%20RULES&ID=69L-31.006" target="_child">69L-31.006 </a>	Consolidation of Petitions (Repealed)
•	<a href="https://www.flrules.org/gateway/RuleNo.asp?title=UTILIZATION%20AND%20REIMBURSEMENT%20DISPUTE%20RULES&ID=69L-31.007" target="_child">69L-31.007 </a>	Service of Petition on Carrier and All Affected Parties
•	<a href="https://www.flrules.org/gateway/RuleNo.asp?title=UTILIZATION%20AND%20REIMBURSEMENT%20DISPUTE%20RULES&ID=69L-31.008" target="_child">69L-31.008 </a>	Computation of Time
•	<a href="https://www.flrules.org/gateway/RuleNo.asp?title=UTILIZATION%20AND%20REIMBURSEMENT%20DISPUTE%20RULES&ID=69L-31.009" target="_child">69L-31.009 </a>	Carrier Response Requirements (Repealed)
•	<a href="https://www.flrules.org/gateway/RuleNo.asp?title=UTILIZATION%20AND%20REIMBURSEMENT%20DISPUTE%20RULES&ID=69L-31.010" target="_child">69L-31.010 </a>	Effect of Non-Response by Carrier (Repealed)
•	<a href="https://www.flrules.org/gateway/RuleNo.asp?title=UTILIZATION%20AND%20REIMBURSEMENT%20DISPUTE%20RULES&ID=69L-31.011" target="_child">69L-31.011 </a>	Complete Record (Repealed)
•	<a href="https://www.flrules.org/gateway/RuleNo.asp?title=UTILIZATION%20AND%20REIMBURSEMENT%20DISPUTE%20RULES&ID=69L-31.012" target="_child">69L-31.012 </a>	Joint Stipulation of the Parties (Repealed)
•	<a href="https://www.flrules.org/gateway/RuleNo.asp?title=UTILIZATION%20AND%20REIMBURSEMENT%20DISPUTE%20RULES&ID=69L-31.013" target="_child">69L-31.013 </a>	Petition Withdrawal
•	<a href="https://www.flrules.org/gateway/RuleNo.asp?title=UTILIZATION%20AND%20REIMBURSEMENT%20DISPUTE%20RULES&ID=69L-31.014" target="_child">69L-31.014 </a>	Overutilization Issues Raised in Reimbursement Dispute Resolution (Repealed)

Category(s): - 09/24/2021

On August 13, 2021, Governor Ron DeSantis issued <a href="https://www.flgov.com/wp-content/uploads/2021/08/EO-21-190-Fred.pdf" target="_child">Executive Order 21-190 </a> regarding Tropical Depression Fred, declaring a state of emergency for the following counties: Bay, Calhoun, Citrus, Dixie, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Manatee, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and Washington. The Director of the Division of Emergency Management was directed to execute the State's Comprehensive Emergency Plan and other response, recovery, and mitigation plans as necessary, and the Emergency Management Assistance Compact (EMAC) was invoked. The state of emergency expires on October 12, 2021, unless extended.

Category(s): - 09/24/2021

In August 2021, Derrick J. Wilson, announced to his Democratic candidacy for this election. Mr. Wilson is a Senior Account Manager at Guardian Facility Management and majority owner of Guardian Financial Services, Inc., a tax preparation and bookkeeping company. Derrick is also a licensed insurance claims adjuster.

Category(s): - 09/24/2021

In light of the severity of the ongoing COVID-19 Delta variant surge in Georgia, on September 15, 2021, Commissioner John F. King extended <i>Directive 21-EX-1</i> and <i>Directive 21-EX-2</i> (as described below) through September 30, 2021, subject to further evaluation.
Click <a href="http://www.forc.org/Public/Alerts/2021/Documents/Georgia Directive 21-EX-1.aspx" target="_child">here </a> for more information about Directive 21-EX-1 
Click <a href="http://www.forc.org/Public/Alerts/2021/Documents/Georgia_Directive_21-EX-2.aspx" target="_child">here </a> for more information about Directive 21-EX-2

Category(s): - 09/28/2021

<i>Ransomware Crisis Threatens All Financial Services Companies DFS Guidance Identifies Key Cybersecurity Measures to Reduce Risk of Ransomware Attacks</i>
To read the press release from Superintendent Lacewell, please click <a href="https://dfs.ny.gov/reports_and_publications/press_releases/pr202106302" target="_child">here. </a> 

As required by Section 409 (c) of the New York State Financial Services Law, a report summarizing the Department’s activities to investigate and combat health insurance fraud, including no-fault fraud, which totaled 85 percent of health insurance fraud reports and more than half of reports of fraud of all types is now available covering the year 2020. Click <a href="https://dfs.ny.gov/system/files/documents/2021/06/2020_health_fraud_annual_report_202103.pdf" target="_child">here </a> to read the <u><b>Annual Report on Health Insurance Fraud 2020.</b></u>

Category(s): - 09/24/2021

The Rhode Island Superior Court’s recent decision in <i>East Bay Auto, Inc. et al. v. Department of Business Regulation, et al.</i> may mark a significant change in the complaint hearing process used for many years in Rhode Island on similar issues, due to a finding of improper delegation of authority by the Rhode Island Department of Business Regulation. The Court wrote that, in this case “it was not the Commissioner that maintained the action, sought witnesses, or introduced evidence. Despite the Legislature’s clear delegation of authority to [RIDBR] alone— specifically, the Commissioner—to prosecute matters related to unfair competition and practices, the Commissioner allowed the [auto body shops] to prosecute the case before the Hearing Officer, introduced evidence, and acted—in all respects—as the Commissioner’s surrogate in the matter.” The RIDBR’s decision to allow private complainants to prosecute the matter was held an improper grant of authority, as the RIDBR “may not delegate to a third-party complainant its power to prosecute a matter arising under [the relevant statute]” and doing so “contravenes the General Assembly’s intent to vest quasi-judicial authority in [RIDBR.]” As a result, the administrative decision below was found to be “procedurally flawed and in violation of the processes allowed by statute.” Partridge Snow & Hahn (Travis J. McDermott, Esq.) represented several carriers.