In conjunction with the Locke Lord COVID-19 task force, we are reviewing, analyzing, and compiling regulatory updates to provide clients easy access to information during this unprecedented time.  If you have any questions on the subject matter below, do not hesitate to reach out.  The information below relates to state and federal bulletins, emergency orders, pending/enacted legislation, and other related actions taken in response to the COVID-19 pandemic.

All Lines of Insurance

Delaware:  On June 30, Governor Carney issued the Twenty-third Modification of the Declaration of the State of Emergency regarding the COVID-19 crisis, eliminating the previous directive to cease cancellations or non-renewals of insurance policies due to nonpayment for those residents and business owners who are experiencing a loss of income due to the crisis.  According to the Modification, beginning July 1, every insurer must provide a 90-day payment plan for past due premiums to individual policyholders who demonstrate a loss of job/termination of employment due to the COVID-19 State of Emergency, or, if the policyholder is a business, the business demonstrates it was required to close or significantly reduce its business operations due to the COVID-19 State of Emergency.  At a minimum, repayment of the unpaid premium must be amortized over the 90-day period in up to three equal installments, except that an insurer may permit a longer repayment period to assist policyholders.

Kentucky:  On July 1, Kentucky issued Bulletin 2020-4 which reviews insurance legislation adopted by the 2020 Kentucky General Assembly (Regular Session), include Senate Bill 150, “An Act related to the state of emergency in response to COVID-19 and declaring an emergency.”  Senate Bill 150 reminds insurers that the Governor may waive or suspend provisions applicable to qualifications for unemployment insurance.

Property and Casualty Insurance

Mississippi:  On June 25, the Mississippi Workers’ Compensation Commission extended several policies and procedures in response to COVID-19.  The extensions include the Fee Schedule’s telemedicine/telehealth/virtual services rule to include not only physicians, but also physician assistants, nurse practitioners, physical therapists, occupational therapists, speech therapists, psychiatrists, clinical psychologists, and dietitians who are licensed to practice in Mississippi. Payors shall not deny reimbursement for telemedicine services for CPT codes with a star icon and billed with Modifier 95. These codes are listed in Appendix P of the CPT manual and are also posted on the Commission’s website. Additionally, services typically billed by physical, occupational and speech therapists and described by CPT codes on pages 295 and 296 of the 2019 Fee Schedule may be provided electronically. This emergency change to the Fee Schedule extends through September 28, 2020.