House
Study
Bill
135
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
LUNDGREN)
A
BILL
FOR
An
Act
relating
to
value-added
products
or
services
offered
by
1
insurers
or
producers.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1614YC
(4)
90
ko/rn
H.F.
_____
Section
1.
Section
507B.4,
subsection
2,
Code
2023,
is
1
amended
to
read
as
follows:
2
2.
a.
For
purposes
of
subsection
3
,
paragraphs
“k”
,
“l”
,
3
and
“m”
,
“personal
lines
property
and
casualty
insurance”
means
4
insurance
sold
to
individuals
and
families
primarily
for
5
noncommercial
purposes
as
provided
in
chapter
522B
.
6
b.
For
purposes
of
subsection
3,
paragraph
“i”
,
subparagraph
7
(2),
subparagraph
division
(d),
“customer”
means
a
policyholder,
8
potential
policyholder,
certificate
holder,
potential
9
certificate
holder,
an
insured,
potential
insured,
or
an
10
applicant.
11
Sec.
2.
Section
507B.4,
subsection
3,
paragraph
i,
12
subparagraph
(2),
unnumbered
paragraph
1,
Code
2023,
is
amended
13
to
read
as
follows:
14
Nothing
in
paragraph
“g”
or
subparagraph
Subparagraphs
(1)
15
of
this
and
(3),
and
paragraph
“i”
“g”
,
shall
not
be
construed
16
as
including
within
the
definition
of
to
include
any
of
the
17
following
practices
in
the
definition
of
unfair
discrimination
18
or
rebates
any
of
the
following
practices
:
19
Sec.
3.
Section
507B.4,
subsection
3,
paragraph
i,
20
subparagraph
(2),
Code
2023,
is
amended
by
adding
the
following
21
new
subparagraph
division:
22
NEW
SUBPARAGRAPH
DIVISION
.
(d)
The
offer
or
provision,
at
23
no
or
reduced
cost,
by
an
insurer
or
producer
by
or
through
24
an
employee,
affiliate,
or
third-party
representative,
of
a
25
value-added
product
or
service
that
is
not
specified
in
the
26
policy
of
insurance
if
the
value-added
product
or
service
that
27
is
offered
or
provided
meets
all
of
the
following
criteria:
28
(i)
The
product
or
service
relates
to
the
policy
of
29
insurance.
30
(ii)
The
product
or
service
is
designed
primarily
to
31
accomplish
at
least
one
of
the
following:
32
(A)
Provide
loss
mitigation
or
loss
control.
33
(B)
Reduce
the
customer’s
claim
costs
or
claim
settlement
34
costs.
35
-1-
LSB
1614YC
(4)
90
ko/rn
1/
4
H.F.
_____
(C)
Provide
the
customer
with
education
regarding
liability
1
risks,
or
the
risk
of
loss
to
persons
or
property.
2
(D)
Monitor
or
assess
risk,
identify
sources
of
risk,
or
3
develop
strategies
for
eliminating
or
reducing
risk.
4
(E)
Enhance
the
customer’s
health.
5
(F)
Enhance
the
customer’s
financial
wellness
through
6
education
or
financial
planning
services.
7
(G)
Provide
the
customer
with
post-loss
services.
8
(H)
Incentivize
behavioral
changes
to
improve
the
health
9
of,
or
to
reduce
the
risk
of
death
or
disability
of,
a
10
customer.
11
(I)
Assist
in
the
administration
of
employee
or
retiree
12
benefit
insurance
coverage.
13
(iii)
The
cost
to
the
insurer
or
producer
offering
or
14
providing
the
product
or
service
to
a
customer
must
be
15
reasonable
in
comparison
to
the
customer’s
premiums
and
16
insurance
coverage
for
the
policy
class.
17
(iv)
If
the
insurer
or
producer
provides
the
product
or
18
service
offered,
the
insurer
or
producer
shall
ensure
that
the
19
customer
is
provided
with
contact
information
for
customer
20
service
or
technical
support
personnel
who
can
assist
the
21
customer
with
questions
regarding
the
product
or
service.
22
(v)
The
availability
of
the
value-added
product
or
service
23
shall
be
based
on
documented
objective
criteria
and
the
24
value-added
product
or
service
must
be
offered
to
all
customers
25
in
a
nondiscriminatory
manner.
The
documented
objective
26
criteria
shall
be
maintained
by
the
insurer
or
producer
and
27
provided
to
the
commissioner
upon
request.
If
an
insurer
28
or
producer
does
not
have
sufficient
documented
objective
29
criteria,
but
has
a
good-faith
belief
that
the
product
or
30
service
meets
the
criteria
under
subparagraph
subdivision
(ii),
31
the
insurer
or
producer
may
offer
or
provide
the
product
or
32
service
in
a
nondiscriminatory
manner
to
customers
as
part
of
33
a
pilot
program
or
a
test
program
for
up
to
one
year.
Prior
34
to
launching
the
pilot
program
or
test
program,
the
insurer
or
35
-2-
LSB
1614YC
(4)
90
ko/rn
2/
4
H.F.
_____
producer
must
notify
the
commissioner.
If
the
commissioner
1
does
not
object
to
the
pilot
program
or
test
program
within
2
twenty-one
calendar
days
from
the
date
of
notice,
the
insurer
3
or
producer
may
proceed
with
the
pilot
program
or
test
program.
4
(vi)
The
commissioner
may
adopt
rules
pursuant
to
chapter
5
17A
to
administer
this
subparagraph
division.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
value-added
products
or
services
10
offered
by
insurers
or
producers.
11
The
bill
excludes
value-added
products
or
services
(product
12
or
service)
offered
or
provided
(offered),
at
no
or
reduced
13
cost,
by
an
insurer
or
producer
(insurer)
that
is
not
specified
14
in
the
policy
of
insurance
(policy)
from
the
definition
of
15
unfair
discrimination
or
of
rebate
under
Code
section
507B.4,
16
if
the
product
or
service
that
is
offered
relates
to
the
policy
17
that
is
offered
and
is
designed
primarily
to
accomplish
at
18
least
one
of
the
criteria
detailed
in
the
bill.
19
The
cost
to
the
insurer
of
offering
the
product
or
service
to
20
a
customer
must
be
reasonable
in
comparison
to
the
customer’s
21
premiums
and
insurance
coverage
for
the
policy
class.
22
“Customer”
is
defined
in
the
bill
as
a
policyholder,
potential
23
policyholder,
certificate
holder,
potential
certificate
holder,
24
an
insured,
a
potential
insured,
or
an
applicant.
25
If
the
insurer
provides
the
product
or
service
offered,
the
26
insurer
shall
ensure
that
the
customer
is
provided
with
contact
27
information
for
customer
service
or
technical
support
personnel
28
who
can
assist
the
customer
with
questions.
The
availability
29
of
the
product
or
service
shall
be
based
on
documented
30
objective
criteria
and
the
product
or
service
must
be
offered
31
to
all
customers
in
a
nondiscriminatory
manner.
The
documented
32
criteria
shall
be
maintained
by
the
insurer
and
provided
to
the
33
commissioner
of
insurance
upon
request.
If
an
insurer
does
34
not
have
sufficient
objective
criteria,
but
has
a
good-faith
35
-3-
LSB
1614YC
(4)
90
ko/rn
3/
4
H.F.
_____
belief
that
the
product
or
service
meets
the
criteria
specified
1
in
the
bill,
the
insurer
may
offer
or
provide
the
product
or
2
service
in
a
nondiscriminatory
manner
to
customers
as
part
3
of
a
pilot
or
test
program
for
up
to
one
year.
Prior
to
4
launching
the
pilot
or
test
program,
the
insurer
must
notify
5
the
commissioner.
If
the
commissioner
does
not
object
to
the
6
pilot
or
test
program
within
21
calendar
days
from
the
date
of
7
notice,
the
insurer
may
proceed
with
the
pilot
or
test
program.
8
The
commissioner
of
insurance
may
adopt
rules
to
administer
9
the
section
of
the
bill
amending
Code
section
507B.4(3)(i)(2).
10
-4-
LSB
1614YC
(4)
90
ko/rn
4/
4