House File 838 - Enrolled House File 838 AN ACT RELATING TO VARIOUS MATTERS UNDER THE PURVIEW OF THE INSURANCE DIVISION OF THE DEPARTMENT OF COMMERCE, PROVIDING FEES, MAKING AN APPROPRIATION, AND RESOLVING INCONSISTENCIES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: DIVISION I INSURANCE Section 1. Section 507A.4, subsection 9, Code 2021, is amended by striking the subsection and inserting in lieu thereof the following: 9. Transactions involving a multiple employer welfare arrangement as defined in section 3 of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. §1002, paragraph 40, or a multiple employer welfare arrangement formed as an association health plan pursuant to 29 C.F.R. pt. 2510 that complies with chapter 513D. Sec. 2. Section 507B.7, Code 2021, is amended to read as follows: 507B.7 Cease and desist orders Orders and penalties. 1. If, after hearing, the commissioner determines that a person has engaged in an unfair method of competition or an unfair or deceptive act or practice, the commissioner shall reduce the findings to writing and shall issue and cause to be served upon the person charged with the violation a copy of such findings, an order requiring such person to cease and desist from engaging in such method of competition, act,

House File 838, p. 2 or practice, and the commissioner may at the commissioner’s discretion order any one or more of the following: a. Payment of a civil penalty of not more than one thousand dollars for each act or violation of this subtitle, but not to exceed an aggregate of ten thousand dollars, unless the person knew or reasonably should have known the person was in violation of this subtitle, in which case the penalty shall be not more than five thousand dollars for each act or violation, but not to exceed an aggregate penalty of fifty thousand dollars in any one six-month period. If the commissioner finds that a violation of this subtitle was directed, encouraged, condoned, ignored, or ratified by the employer of the person or by an insurer, the commissioner shall also assess a penalty to the employer or insurer. b. Suspension or revocation of the license of a person as defined in section 507B.2, subsection 1 , if the person knew or reasonably should have known the person was in violation of this subtitle. c. Payment of interest at the rate of ten percent per annum if the commissioner finds that the insurer failed to pay interest as required under section 507B.4, subsection 3 , paragraph “p” . 2. Until the expiration of the time allowed under section 507B.8 for filing a petition for review if no such petition has been duly filed within such time, or, if a petition for review has been filed within such time, then until the transcript of the record in the proceeding has been filed in the district court, the commissioner may at any time, upon such notice and in such manner as the commissioner may deem proper, modify or set aside in whole or in part any order issued by the commissioner under this section . 3. After the expiration of the time allowed for filing such a petition for review if no such petition has been duly filed within such time, the commissioner may at any time, after notice and opportunity for hearing, reopen and alter, modify, or set aside, in whole or in part, any order issued by the commissioner under this section , whenever in the commissioner’s opinion conditions of fact or of law have so changed as to require such action, or if the public interest shall so

House File 838, p. 3 require. 4. Any person who violates a cease and desist an order of the commissioner, and while such order is in effect, may, after notice and hearing and upon order of the commissioner, be subject at the discretion of the commissioner to any one or more of the following: a. A monetary penalty of not more than ten thousand dollars for each and every act or violation. A penalty collected under this lettered paragraph shall be deposited as provided in section 505.7 . b. Suspension or revocation of such person’s license. Sec. 3. Section 507E.2A, subsection 2, Code 2021, is amended to read as follows: 2. “Insurer” includes an insurer means any corporation, association, partnership, or individual engaged in the business of insurance, including but not limited to a corporation, association, partnership, or individual that issues a policy of workers’ compensation, a self-insured business for purposes of workers’ compensation liability, or a group or self-insured plan as described in section 87.4 . “Insurer” does not include a person required to be licensed to sell, solicit, or negotiate insurance pursuant to chapter 522B. Sec. 4. Section 507E.8, Code 2021, is amended to read as follows: 507E.8 Law enforcement authority. 1. An individual employed by the division and designated as a peace officer shall be considered a law enforcement officer as that term is defined in section 80B.3, and shall exercise the powers of a law enforcement officer as follows: a. For purposes of an arrest resulting from a criminal violation of any provision of the Code subject to the jurisdiction of the commissioner established as a result of an investigation pursuant to this chapter , an insurance fraud bureau investigator shall have the authority and status of a law enforcement officer pursuant to section 80B.3, subsection 3 . b. While conducting an investigation or engaged in an assignment authorized by this chapter or ordered by the commissioner.

House File 838, p. 4 c. To protect life if a public offense is committed in the presence of the peace officer. d. While providing assistance to a law enforcement agency or another law enforcement officer. e. While providing assistance at the request of a member of the public. 2. The laws Laws applicable to an arrest of an individual by a law enforcement officer of the state shall apply to an insurance fraud bureau investigator individual employed by the division and designated as a peace officer . An insurance fraud bureau investigator individual employed by the division and designated as a peace officer shall have the power to execute arrest warrants and search warrants, serve subpoenas issued for the examination, investigation, and trial of all offenses identified through the course of an investigation conducted pursuant to this section , and arrest upon probable cause without warrant a person found in the act of committing a violation of a provision of this chapter or a law of this state . Sec. 5. Section 508.38, subsection 3, paragraph b, subparagraph (1), subparagraph division (c), Code 2021, is amended to read as follows: (c) The resulting interest guarantee shall not be less than one fifteen hundredths percent. Sec. 6. Section 508E.2, subsection 14, Code 2021, is amended to read as follows: 14. “Viatical settlement broker” means a person, including a life insurance producer as provided for in section 508E.3 , who, working exclusively on behalf of a viator and for a fee, commission, or other valuable consideration, offers or attempts to negotiate viatical settlement contracts between a viator and one or more viatical settlement providers or one or more viatical settlement brokers. Notwithstanding the manner in which the viatical settlement broker is compensated, a viatical settlement broker is deemed to represent only the viator, and not the insurer or the viatical settlement provider, and owes a fiduciary duty to the viator to act according to the viator’s instructions and in the best interest of the viator. “Viatical settlement broker” does not include an attorney,

House File 838, p. 5 certified public accountant, or a financial planner accredited by a nationally recognized accreditation agency who is retained to represent the viator and whose compensation is not paid directly or indirectly by the viatical settlement provider or purchaser. Sec. 7. Section 509.1, subsection 9, Code 2021, is amended to read as follows: 9. A policy of group health insurance coverage issued to an associated health plan a multiple employer welfare arrangement pursuant to section 513D.1 chapter 513D that is subject to regulation by the commissioner. Sec. 8. Section 509.19, subsection 2, paragraph d, Code 2021, is amended to read as follows: d. A multiple employer welfare arrangement, as defined in section 3 of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. §1002 (40) , paragraph 40, or a multiple employer welfare arrangement formed as an association health plan pursuant to 29 C.F.R. pt. 2510 , that meets the requirements of section 507A.4, subsection 9 , paragraph “a” chapter 513D . Sec. 9. Section 510.21, Code 2021, is amended to read as follows: 510.21 Certificate of registration required Certificates —— registration and renewal . A person shall not act as or represent oneself to be a third-party administrator in this state, other than an adjuster licensed in this state for the kinds of business for which the person is acting as a third-party administrator, unless the person holds a current certificate of registration as a third-party administrator issued by the commissioner of insurance. A certificate of registration as a third-party administrator is renewable shall be renewed every three years. Failure to hold a current certificate subjects the of registration shall subject a third-party administrator to the sanctions set out in section 507B.7 . The An application for a certificate of registration shall be accompanied by a filing fee of one hundred dollars. A certificate of registration shall be issued by the commissioner to a third-party administrator unless the commissioner , after due notice and

House File 838, p. 6 hearing, determines that the third-party administrator is not competent, trustworthy, financially responsible, or of good personal and business reputation, or has had a previous an application for an insurance license denied for cause within the preceding five years. An application for registration shall be accompanied by a filing fee of one hundred dollars. After notice and hearing, the commissioner may impose any or all of the sanctions set out in section 507B.7 , upon finding that either the third-party administrator violated any of the requirements of sections 510.12 through 510.20 and this section , or the third-party administrator is not competent, trustworthy, financially responsible, or of good personal and business reputation. If the commissioner denies an application for registration or renewal, a written notice that specifies the reasons for the denial or nonrenewal shall be provided to the applicant. Pursuant to chapter 17A, upon the applicant’s request, the commissioner shall grant the applicant a hearing on the denial or nonrenewal. Sec. 10. Section 510.23, Code 2021, is amended by striking the section and inserting in lieu thereof the following: 510.23 Violations and penalties. 1. If, after hearing, the commissioner determines that a third-party administrator has violated this chapter, or chapter 507B, the commissioner may order any one or more of the sanctions or penalties set out in section 507B.7. 2. If, after hearing, the commissioner determines that a person has aided and abetted a third-party administrator in commission of a violation of this chapter, or chapter 507B, the commissioner may order any one or more of the sanctions or penalties set out in section 507B.7. 3. If, after hearing, the commissioner determines that a third-party administrator is not competent, trustworthy, financially responsible, or of good personal and business reputation, the commissioner may order any one or more of the sanctions and penalties set out in section 507B.7. Sec. 11. Section 513D.1, Code 2021, is amended by striking the section and inserting in lieu thereof the following: 513D.1 Multiple employer welfare arrangements and association

House File 838, p. 7 health plans. 1. As used in this chapter, unless the context otherwise requires: a. “Association health plan” or “AHP” means a multiple employer welfare arrangement formed as an association health plan pursuant to 29 C.F.R. pt. 2510. b. “Commissioner” means the commissioner of insurance. c. “Multiple employer welfare arrangement” or “MEWA” means a multiple employer welfare arrangement as defined in section 3 of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. §1002, paragraph 40. 2. An AHP or MEWA that offers a plan to, or maintains a group health plan for, any resident of this state shall be subject to the jurisdiction of the commissioner and shall comply with all of the following requirements: a. The AHP or MEWA must be administered by an insurer authorized to do the business of insurance in this state or an authorized third-party administrator that holds a current certificate of registration pursuant to section 510.21. b. The AHP or MEWA must be established by a trade, industry, or professional association of employers that has a constitution or bylaws, is organized and maintained in good faith, and has membership stability as defined by rules adopted by the commissioner. c. The AHP or MEWA must register with the commissioner and obtain and maintain a certificate of registration issued by the commissioner. d. The AHP or MEWA shall comply with all rules and solvency standards established by rules adopted by the commissioner. 3. An AHP or MEWA that does not meet the solvency standards pursuant to subsection 2, paragraph “d” , shall be subject to chapter 507C. 4. An AHP or MEWA that meets all of the requirements of subsection 2 shall not be considered any of the following: a. An insurance company or association of whatever kind or character under section 432.1. b. A member of the Iowa individual health benefit reinsurance association pursuant to section 513C.10, subsection 1.

House File 838, p. 8 c. A member insurer of the Iowa life and health insurance guaranty association pursuant to section 508C.5. 5. An AHP or MEWA that is registered with the commissioner pursuant to subsection 2, paragraph “c” , shall annually file with the commissioner on or before March 1 a copy of the report required to be filed by the AHP or MEWA with the United States department of labor pursuant to 29 C.F.R. §2520.101-2. 6. An AHP or MEWA that is registered with the commissioner pursuant to subsection 2, paragraph “c” , shall annually file with the commissioner a report on or before March 1 for the preceding calendar year. The annual report shall contain the information and be in a form and manner as prescribed by the commissioner. 7. A foreign or domestic AHP or MEWA doing business in the state shall pay fees as prescribed by the commissioner unless otherwise provided by law. 8. A MEWA that is recognized as tax-exempt under Internal Revenue Code section 501(c)(9) and that is registered with the commissioner prior to January 1, 2018, shall not be considered an AHP unless the MEWA affirmatively elects to be treated as an AHP. Sec. 12. Section 513D.2, subsection 1, Code 2021, is amended to read as follows: 1. The commissioner of insurance shall adopt rules , as necessary , pursuant to chapter 17A to administer this chapter . Sec. 13. Section 514G.103, subsection 10, Code 2021, is amended to read as follows: 10. “Independent review entity organization ” means a review entity organization certified by the commissioner pursuant to section 514G.110, subsection 4 . Sec. 14. Section 514G.110, subsections 4, 5, 6, 7, 8, and 9, Code 2021, are amended to read as follows: 4. Qualifications of independent review entities organizations . The commissioner shall maintain a list of qualified independent review entities organizations that are certified by the commissioner. Independent review entities organizations shall be recertified by the commissioner every two years in order to remain on the list. In order to be certified, an independent review entity organization shall meet

House File 838, p. 9 all of the following criteria: a. Have on staff, or contract with, a qualified, licensed health care professional in an appropriate field for determining an insured’s functional or cognitive impairment who can conduct an independent review. (1) In order to be qualified, a licensed health care professional who is a physician shall hold a current certification by a recognized American medical specialty board in a specialty appropriate for determining an insured’s functional or cognitive impairment. (2) In order to be qualified, a licensed health care professional who is not a physician shall hold a current certification in the specialty in which that person is licensed, by a recognized American specialty board in a specialty appropriate for determining an insured’s functional or cognitive impairment. b. Ensure that any licensed health care professional who conducts an independent review has no history of disciplinary actions or sanctions, including but not limited to the loss of staff privileges or any participation restrictions taken or pending by any hospital or state or federal government regulatory agency. c. Ensure that the independent review entity organization or any of its employees, agents, or licensed health care professionals utilized does not receive compensation of any type that is dependent on the outcome of a review. d. Ensure that the independent review entity organization or any of its employees, agents, or licensed health care professionals utilized are not in any manner related to, employed by, or affiliated with the insured or with a person who previously provided medical care to the insured. e. Ensure that an independent review entity organization or any of its employees, agents, or licensed health care professionals utilized is not a subsidiary of, or owned or controlled by, an insurer or by a trade association of insurers of which the insurer is a member. f. Have a quality assurance program on file with the commissioner that ensures the timeliness and quality of reviews performed, the qualifications and independence of the licensed

House File 838, p. 10 health care professionals who perform the reviews, and the confidentiality of the review process. g. Have on staff or contract with a licensed health care practitioner, as defined in section 514G.103, subsection 3 , who is qualified to certify that an individual is chronically ill for purposes of a qualified long-term care insurance contract. 5. Independent review process. The independent review process shall be conducted as follows: a. Within three business days of receiving a notice from the commissioner of the certification of a request for independent review or receipt of a denial of an insurer’s appeal from such a certification, the insurer shall do all of the following: (1) Select an independent review entity organization from the list certified by the commissioner and notify the insured in writing of the name, address, and telephone number of the selected independent review entity selected organization . The selected independent review entity selected organization shall utilize a licensed health care professional with qualifications appropriate to the benefit trigger determination that is under review. (2) Notify the independent review entity organization that it has been selected to conduct an independent review of a benefit trigger determination and provide sufficient descriptive information to enable the independent review entity organization to provide licensed health care professionals who will be qualified to conduct the review. (3) Provide the commissioner with a copy of the notices sent to the insured and to the selected independent review entity selected organization . b. Within three business days of receiving a notice from an insurer that it has been selected to conduct an independent review, the independent review entity organization shall do one of the following: (1) Accept its selection as the independent review entity organization , designate a qualified licensed health care professional to perform the independent review, and provide notice of that designation to the insured and the insurer, including a brief description of the health care professional’s qualifications and the reasons that person is qualified to

House File 838, p. 11 determine whether the insured’s benefit trigger has been met. A copy of this notice shall be sent to the commissioner via facsimile. The independent review entity organization is not required to disclose the name of the health care professional selected. (2) Decline its selection as the independent review entity organization or, if the independent review entity organization does not have a licensed health care professional who is qualified to conduct the independent review available, request additional time from the commissioner to have a qualified licensed health care professional certified, and provide notice to the insured, the insurer, and the commissioner. The commissioner shall notify the independent review entity organization , the insured, and the insurer of how to proceed within three business days of receipt of such notice from the independent review entity organization . c. An insured may object to the independent review entity organization selected by the insurer or to the licensed health care professional designated by the independent review entity organization to conduct the review by filing a notice of objection along with reasons for the objection, with the commissioner within ten days of receipt of a notice sent by the independent review entity organization pursuant to paragraph “b” . The commissioner shall consider the insured’s objection and shall notify the insured, the insurer, and the independent review entity organization of the commissioner’s decision to sustain or deny the objection within two business days of receipt of the objection. d. Within five business days of receiving a notice from the independent review entity organization accepting its selection or within five business days of receiving a denial of an objection to the independent review entity organization selected, whichever is later, the insured may submit any information or documentation in support of the insured’s claim to both the independent review entity organization and the insurer. e. Within fifteen days of receiving a notice from the independent review entity organization accepting its selection or within three business days of receipt of a denial of

House File 838, p. 12 an objection to the independent review entity organization selected, whichever is later, an insurer shall do all of the following: (1) Provide the independent review entity organization with any information submitted to the insurer by the insured in support of the insured’s internal appeal of the insurer’s benefit trigger determination. (2) Provide the independent review entity organization with any other relevant documents used by the insurer in making its benefit trigger determination. (3) Provide the insured and the commissioner with confirmation that the information required under subparagraphs (1) and (2) has been provided to the independent review entity organization , including the date the information was provided. f. The independent review entity organization shall not commence its review until fifteen days after the selection of the independent review entity organization is final including the resolution of any objection made pursuant to paragraph “c” . During this time period, the insurer may consider any information provided by the insured pursuant to paragraph “d” and overturn or affirm the insurer’s benefit trigger determination based on such information. If the insurer overturns its benefit trigger determination, the independent review process shall immediately cease. g. In conducting a review, the independent review entity organization shall consider only the information and documentation provided to the independent review entity organization pursuant to paragraphs “d” and “e” . h. The independent review entity organization shall submit its decision as soon as possible, but not later than thirty days from the date the independent review entity organization receives the information required under paragraphs “d” and “e” , whichever is received later. The decision shall include a description of the basis for the decision and the date of the benefit trigger determination to which the decision relates. The independent review entity organization , for good cause, may request an extension of time from the commissioner to file its decision. A copy of the decision shall be mailed to the insured, the insurer, and the commissioner.

House File 838, p. 13 i. All medical records submitted for use by the independent review entity organization shall be maintained as confidential records as required by applicable state and federal laws. The commissioner shall keep all information obtained during the independent review process confidential pursuant to section 505.8, subsection 8 , except that the commissioner may share some information obtained as provided under section 505.8, subsection 8 , and as required by this chapter and rules adopted pursuant to this chapter . j. If an insured dies before completion of the independent review, the review shall continue to completion if there is potential liability of an insurer to the estate of the insured or to a provider for rendering qualified long-term care services to the insured. 6. Costs. All reasonable fees and costs of the independent review entity incurred organization in conducting an independent review under this section shall be paid by the insurer. 7. Immunity. An independent review entity organization that conducts a review under this section is not liable for damages arising from determinations made during the review. Immunity does not apply to any act or omission made by an independent review entity organization in bad faith or that involves gross negligence. 8. Effect of independent review decision. a. The review decision by the independent review entity organization conducting the review is binding on the insurer. b. The independent review process set forth in this section shall not be considered a contested case under chapter 17A . c. An insured may appeal the review decision by the independent review entity organization conducting the review by filing a petition for judicial review in the district court in the county in which the insured resides. The petition for judicial review shall be filed within fifteen business days after the issuance of the review decision by the independent review organization . The petition shall name the insured as the petitioner and the insurer as the respondent. The petitioner shall not name the independent review entity organization as a party. The commissioner shall not be named

House File 838, p. 14 as a respondent unless the insured alleges action or inaction by the commissioner under the standards articulated under section 17A.19, subsection 10 . Allegations made against the commissioner under section 17A.19, subsection 10 , must be stated with particularity. The commissioner may, upon motion, intervene in a judicial review proceeding brought pursuant to this paragraph. The findings of fact by the independent review entity organization conducting the review are conclusive and binding on appeal. d. An insurer shall not be subject to any penalties, sanctions, or damages for complying in good faith with a review decision rendered by an independent review entity organization pursuant to this section . e. Nothing contained in this section or in section 514G.109 shall be construed to limit the right of an insurer to assert any rights an insurer may have under a long-term care insurance policy related to: (1) An insured’s misrepresentation. (2) Changes in the insured’s benefit eligibility. (3) Terms, conditions, and exclusions contained in the policy, other than failure to meet the benefit trigger. f. The requirements of this section and section 514G.109 are not applicable to a group long-term care insurance policy that is governed by the federal Employee Retirement Income Security Act of 1974, as codified at 29 U.S.C. §100 §1001 et seq. g. The provisions of this section and section 514G.109 are in lieu of and supersede any other third-party review requirement contained in chapter 514J or in any other provision of law. h. The insured may bring an action in the district court in the county in which the insured resides to enforce the review decision of the independent review entity organization conducting the review or the decision of the court on appeal. 9. Receipt of notice. Notice required by this section shall be deemed received within five days after the date of mailing. Sec. 15. Section 515A.2, subsection 1, Code 2021, is amended by adding the following new paragraph: NEW PARAGRAPH . 0a. “Commissioner” means the commissioner of insurance.

House File 838, p. 15 Sec. 16. Section 515A.6, subsection 7, Code 2021, is amended to read as follows: 7. Notwithstanding any other provision of the Code law to the contrary , the commissioner of insurance shall provide for a hearing in a proceeding involving a workers’ compensation insurance rate filing by a licensed rating organization in accordance with the provisions of this subsection and rules promulgated by the commissioner of insurance pursuant to chapter 17A . Except as otherwise provided herein, the provisions of this subsection shall not be subject to the requirements of chapter 17A . The procedures for such hearing shall be as follows: a. The commissioner shall provide notice of the filing of the proposed rates at least thirty days before the effective date of the proposed rates by publishing a notice on the internet site of the insurance division of the department of commerce. b. A public hearing shall be held on the proposed rates by the commissioner of insurance if within fifteen days of the date of publication a workers’ compensation policyholder or an established organization with one or more workers’ compensation policyholders among its members files a written demand with the commissioner of insurance for a hearing on the proposed rates. c. The commissioner of insurance shall hold the hearing within twenty days after receipt of the written demand for a hearing and shall give not less than ten days written notice of the time and place of the hearing to the person or association filing the demand, to the rating organization, and to any other person requesting such notice. d. At any such hearing, the rating organization shall bear the burden of proof to support the proposed rates by a preponderance of the evidence. The person or association requesting the hearing, and any other person admitted as a party to the proceeding, shall be given the opportunity to respond and introduce evidence and arguments on all the issues involved. e. Within fifteen days after the start of the hearing, the commissioner of insurance will shall approve or disapprove the proposed rates and specify the reasons therefor. The

House File 838, p. 16 commissioner of insurance may suspend or postpone the effective date of the proposed rates pending the hearing and written decision thereon. f. Judicial review of the decision of the commissioner of insurance on such rates may be sought in accordance with the provisions of chapter 17A . g. Absent a request for a hearing as provided in paragraph “b” , the commissioner shall issue an order approving or disapproving the proposed rates. h. The waiting period for a workers’ compensation insurance rate filing shall commence no earlier than the date that notice of the insurance rate filing is published. Sec. 17. Section 515A.10, Code 2021, is amended to read as follows: 515A.10 Advisory organizations. 1. Every group, association or other organization of insurers, whether located within or outside of this state, which assists insurers which make their own filings or rating organizations in rate making, by the collection and furnishing of loss or expense statistics, or by the submission of recommendations, but which does not make filings under this chapter , shall be known as an advisory organization. 2. An advisory organization shall not provide a service relating to this chapter, and an insurer shall not utilize the services of an advisory organization for such purposes unless the advisory organization has obtained a license under subsection 3. 2. 3. Every An advisory organization applying for a license shall file include with its application to the commissioner all of the following: a. A copy of its constitution, its articles of agreement or association or its certificate of incorporation and of its bylaws, rules and regulations governing its activities. b. A list of its members. c. The name and address of a resident of this state upon whom notices or orders of the commissioner or process issued at the commissioner’s direction may be served. d. An agreement that the commissioner may examine such advisory organization in accordance with the provisions of

House File 838, p. 17 section 515A.12 . e. A fee of one hundred dollars. 3. 4. If, after a hearing, the commissioner finds that the furnishing of such information or assistance involves an advisory organization has engaged in any act or practice which is unfair , or unreasonable , or otherwise inconsistent with the provisions in violation of this chapter , the commissioner may issue a written an order specifying in what respects such act or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter , and requiring the discontinuance of such act or practice advisory organization to cease and desist such act or practice . The commissioner may, at any time after hearing, revoke or suspend the license of an advisory organization which does not comply with this chapter. 4. 5. No insurer which makes its own filings nor any rating organization shall support its filings by statistics or adopt rate making recommendations, furnished to it by an advisory organization which has not complied with this section or with an order of the commissioner involving such statistics or recommendations issued under subsection 3 4 of this section . If the commissioner finds such insurer or rating organization to be in violation of this subsection the commissioner may issue an order requiring the discontinuance of such violation. 6. A license issued under this section shall remain in effect for three years unless sooner suspended or revoked by the commissioner. Sec. 18. Section 515D.4, subsection 2, paragraph a, Code 2021, is amended to read as follows: a. The named insured or any operator who either resides in the same household or customarily operates an automobile insured under the policy has that person’s driver’s license suspended or revoked during the policy term or, if the policy is a renewal, during its term or the one hundred eighty days immediately preceding its effective date. any of the following: (1) The term of the policy. (2) The term of a renewal policy. (3) Within one hundred eighty calendar days immediately preceding the effective date of a renewal of the policy. Sec. 19. Section 515D.4, subsection 3, Code 2021, is amended