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

All States (IAIS):  The International Association of Insurance Supervisors (IAIS) has delayed the due date for responses to a consultation on COVID-19 and the insurance sector.  Responses to the consultation, originally due on August 28, are now due by September 4.

Nevada:  On August 11, the Governor of Nevada signed Senate Bill 4 into law, which provides liability immunity for cases involving COVID-19 to certain entities that comply with controlling health standards.  This Bill was effective upon passage.

Oklahoma:  On August 6, the Oklahoma Department of Insurance issued a special notice to address testing disruptions caused by the COVID-19 pandemic, stating that applicants will be allowed to take their insurance exams remotely using Prometric’s ProProctor application.

Health Insurance

Maryland:  On August 11, Maryland revised Bulletin 20-30 (which was issued on July 30, 2020 and addressed the suspension of individual health benefit plan cancellations and nonrenewals due to nonpayment of premium), is revised to identify limited exceptions to the suspension of terminations of individual health benefit plans for non-payment of premium in light of the Coronavirus Emergency Special Enrollment Period initiated by the Maryland Health Benefit Exchange (“Exchange”) as of August 7, 2020. With respect to individual health benefit plans only, health carriers must suspend cancellations and nonrenewals of individual health policies for nonpayment of premium, unless an exception- such as the Open Enrollment or the Coronavirus Emergency Special Enrollment Period offered by the Maryland Health Benefit Exchange (“Exchange”)- is in effect, and health carrier complies with all applicable requirements.

Utah:  On August 12, Commissioner Kiser issued Bulletin 2020-16, which details coverage for COVID-19 testing, instructing insurers offering health benefit plans that they must follow federal guidance under the CARES Act regarding coverage for administering COVID-19 tests and related office or emergency room services. These measures apply to all group health plans and health insurers offering group or individual health insurance, and includes HMOS.