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

D.C.: On October 20, the District of Columbia Department of Insurance, Securities, and Banking (DISB) issued a notice informing insurers of the extension of the District’s Public Health Emergency through December 31, 2020. As a result, related DISB orders and bulletins are also extended through the end of 2020.

Michigan: On October 19, Director Fox published Bulletin 2020-41-INS/BT/CF/CU, which supersedes Bulletin 2020-38-INS/BT/CF/CU, stating the following: On October 12, 2020, the Michigan Supreme Court issued an order in House of Representatives v Governor, Docket No. 161917, stating that, consistent with the ruling In re Certified Questions and effective immediately, the Executive Orders issued under the Emergency Powers of the Governor Act “are of no continuing legal effect.” Accordingly, DIFS is reviewing its bulletins, orders, and other guidance relating to the public health emergency caused by the COVID-19 pandemic to determine whether modifications are necessary and appropriate at this time.

Property and Casualty Insurance

Louisiana:  On October 20, The Louisiana Office of Workers’ Compensation Administration (OWC) adopted changes to Medical Treatment Guidelines to allow providers to use telemedicine and telehealth methods and deliver care that was established in response to COVID—19. 

Health Insurance

Vermont:  On October 23, Vermont issued Emergency Rule H-2020-06-E, which expanded health insurance coverage for, and waived/limited cost-sharing requirements directly related to, COVID-19 diagnosis, treatment, and prevention.  The Order is in effect until July 1, 2021.

Washington:  On October 23, Insurance Commissioner Kreidler extended Emergency Order 20-06 and 20-01. The Orders extend the requirements for health insurers to waive copays and deductibles for any consumer requiring testing for coronavirus (COVID-19) and  protect consumers from receiving surprise bills for lab fees related to medically-necessary diagnostic testing for COVID-19.  Both Orders are extended until November 24.