House
File
838
-
Reprinted
HOUSE
FILE
838
BY
COMMITTEE
ON
APPROPRIATIONS
(SUCCESSOR
TO
HF
502)
(SUCCESSOR
TO
HSB
119)
(As
Amended
and
Passed
by
the
House
March
25,
2021
)
A
BILL
FOR
An
Act
relating
to
various
matters
under
the
purview
of
1
the
insurance
division
of
the
department
of
commerce,
2
providing
fees,
making
an
appropriation,
and
resolving
3
inconsistencies.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
HF
838
(2)
89
ko/rn/md
H.F.
838
DIVISION
I
1
UNIFORM
SECURITIES
2
Section
1.
Section
502.304A,
subsection
3,
paragraph
g,
3
Code
2021,
is
amended
to
read
as
follows:
4
g.
The
issuer
must
pay
to
the
administrator
a
fee
of
one
5
hundred
dollars
established
by
the
administrator
by
rule
and
6
is
not
required
to
pay
the
filing
fee
set
forth
in
section
7
502.305,
subsection
2
.
8
Sec.
2.
Section
502.304A,
subsection
5,
Code
2021,
is
9
amended
to
read
as
follows:
10
5.
Agent
registration.
In
connection
with
an
offering
11
registered
under
this
section
,
a
person
may
be
registered
as
12
an
agent
of
the
issuer
under
section
502.402
by
the
filing
of
13
an
application
by
the
issuer
with
the
administrator
for
the
14
registration
of
the
person
as
an
agent
of
the
issuer
and
the
15
paying
of
a
fee
of
ten
dollars
established
by
the
administrator
16
by
rule
.
Notwithstanding
any
other
provision
of
this
chapter
,
17
the
registration
of
the
agent
shall
be
effective
until
18
withdrawn
by
the
issuer
or
until
the
securities
registered
19
pursuant
to
the
registration
statement
have
all
been
sold,
20
whichever
occurs
first.
The
registration
of
an
agent
shall
21
become
effective
when
ordered
by
the
administrator
or
on
the
22
fifth
business
day
after
the
agent’s
application
has
been
23
filed
with
the
administrator,
whichever
occurs
first,
and
the
24
administrator
shall
not
impose
further
conditions
upon
the
25
registration
of
the
agent.
However,
the
administrator
may
26
deny,
revoke,
suspend,
or
withdraw
the
registration
of
the
27
agent
at
any
time
as
provided
in
section
502.412
.
An
agent
28
registered
solely
pursuant
to
this
section
is
entitled
to
sell
29
only
securities
registered
under
this
section
.
30
Sec.
3.
Section
502.321G,
Code
2021,
is
amended
to
read
as
31
follows:
32
502.321G
Fees.
33
The
administrator
shall
charge
a
nonrefundable
filing
fee
of
34
two
hundred
fifty
dollars
established
by
the
administrator
by
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rule
for
a
registration
statement
filed
by
an
offeror.
The
fee
1
shall
be
deposited
as
provided
in
section
505.7
.
2
Sec.
4.
Section
502.410,
Code
2021,
is
amended
to
read
as
3
follows:
4
502.410
Filing
fees.
5
1.
Broker-dealers.
A
person
shall
pay
a
fee
of
two
hundred
6
dollars
established
by
the
administrator
by
rule
when
initially
7
filing
an
application
for
registration
as
a
broker-dealer
8
and
a
fee
of
two
hundred
dollars
when
filing
a
renewal
of
9
registration
as
a
broker-dealer.
If
the
filing
results
in
a
10
denial
or
withdrawal,
the
administrator
shall
retain
the
fee.
11
2.
Agents.
The
fee
for
an
individual
is
forty
dollars
12
when
filing
an
application
for
registration
as
an
agent,
a
13
fee
of
forty
dollars
when
filing
a
renewal
of
registration
14
as
an
agent,
and
a
fee
of
forty
dollars
when
or
filing
for
a
15
change
of
registration
as
an
agent
shall
be
established
by
the
16
administrator
by
rule
.
Of
each
forty-dollar
fee
collected,
ten
17
dollars
twenty-five
percent
is
appropriated
to
the
securities
18
investor
education
and
financial
literacy
training
fund
19
established
under
section
502.601,
subsection
5
.
If
the
filing
20
results
in
a
denial
or
withdrawal,
the
administrator
shall
21
retain
the
fee.
22
3.
Investment
advisers.
A
person
shall
pay
a
fee
of
one
23
hundred
dollars
established
by
the
administrator
by
rule
when
24
filing
an
application
for
registration
as
an
investment
adviser
25
and
a
fee
of
one
hundred
dollars
when
filing
a
renewal
of
26
registration
as
an
investment
adviser.
If
the
filing
results
27
in
a
denial
or
withdrawal,
the
administrator
shall
retain
the
28
fee.
29
4.
Investment
adviser
representatives.
30
a.
The
fee
for
an
individual
is
thirty
dollars
when
filing
31
an
application
for
registration
as
an
investment
adviser
32
representative,
a
fee
of
thirty
dollars
when
filing
a
renewal
33
of
registration
as
an
investment
adviser
representative,
and
a
34
fee
of
thirty
dollars
or
when
filing
a
change
of
registration
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as
an
investment
adviser
representative
shall
be
the
amount
1
established
by
the
administrator
by
rule
.
If
the
filing
2
results
in
a
denial
or
withdrawal,
the
administrator
shall
3
retain
the
fee.
4
b.
However,
an
An
investment
adviser
representative
is
shall
5
not
be
required
to
pay
a
filing
fee
if
the
investment
adviser
6
is
a
sole
proprietorship
or
the
substantial
equivalent
,
and
the
7
investment
adviser
representative
is
the
same
individual
as
the
8
investment
adviser.
9
5.
Federal
covered
investment
advisers.
A
federal
covered
10
investment
adviser
required
to
file
a
notice
under
section
11
502.405
shall
pay
an
initial
fee
of
one
hundred
dollars
and
12
an
annual
notice
fee
of
one
hundred
dollars
in
an
amount
13
established
by
the
administrator
by
rule
.
14
6.
Payment.
A
person
required
to
pay
a
filing
or
notice
15
fee
under
this
section
may
transmit
the
fee
through
or
to
a
16
designee
as
a
permitted
by
the
administrator
by
rule
or
by
17
order
provides
issued
by
the
administrator
under
this
chapter
.
18
7.
Deposit
of
fees.
Except
as
otherwise
provided
in
19
subsection
2
,
fees
collected
under
this
section
shall
be
20
deposited
as
provided
in
section
505.7
.
21
DIVISION
II
22
INSURANCE
23
Sec.
5.
Section
505.30,
subsection
2,
Code
2021,
is
amended
24
to
read
as
follows:
25
2.
The
commissioner
may
collect
a
reasonable
fee
,
26
established
by
the
commissioner
by
rule,
each
time
service
of
27
process
is
made
on
the
commissioner
as
set
forth
in
subsection
28
1
or
as
otherwise
allowed
by
law.
A
fee
collected
by
the
29
commissioner
under
this
subsection
shall
be
used
and
is
30
appropriated
to
the
insurance
division
to
offset
the
costs
31
of
the
commissioner
acting
as
agent
or
attorney
for
service
32
of
process.
The
party
to
a
proceeding
requesting
service
of
33
process
is
entitled
to
recover
the
fee
paid
pursuant
to
this
34
subsection
and
any
rules
adopted
under
this
section
as
costs
if
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the
party
prevails
in
the
proceeding.
1
Sec.
6.
Section
507A.4,
subsection
9,
Code
2021,
is
amended
2
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
3
following:
4
9.
Transactions
involving
a
multiple
employer
welfare
5
arrangement
as
defined
in
section
3
of
the
federal
Employee
6
Retirement
Income
Security
Act
of
1974,
29
U.S.C.
§1002,
7
paragraph
40,
or
a
multiple
employer
welfare
arrangement
formed
8
as
an
association
health
plan
pursuant
to
29
C.F.R.
pt.
2510
9
that
complies
with
chapter
513D.
10
Sec.
7.
Section
507B.7,
Code
2021,
is
amended
to
read
as
11
follows:
12
507B.7
Cease
and
desist
orders
Orders
and
penalties.
13
1.
If,
after
hearing,
the
commissioner
determines
that
a
14
person
has
engaged
in
an
unfair
method
of
competition
or
an
15
unfair
or
deceptive
act
or
practice,
the
commissioner
shall
16
reduce
the
findings
to
writing
and
shall
issue
and
cause
to
17
be
served
upon
the
person
charged
with
the
violation
a
copy
18
of
such
findings,
an
order
requiring
such
person
to
cease
19
and
desist
from
engaging
in
such
method
of
competition,
act,
20
or
practice,
and
the
commissioner
may
at
the
commissioner’s
21
discretion
order
any
one
or
more
of
the
following:
22
a.
Payment
of
a
civil
penalty
of
not
more
than
one
thousand
23
dollars
for
each
act
or
violation
of
this
subtitle,
but
not
24
to
exceed
an
aggregate
of
ten
thousand
dollars,
unless
the
25
person
knew
or
reasonably
should
have
known
the
person
was
in
26
violation
of
this
subtitle,
in
which
case
the
penalty
shall
be
27
not
more
than
five
thousand
dollars
for
each
act
or
violation,
28
but
not
to
exceed
an
aggregate
penalty
of
fifty
thousand
29
dollars
in
any
one
six-month
period.
If
the
commissioner
finds
30
that
a
violation
of
this
subtitle
was
directed,
encouraged,
31
condoned,
ignored,
or
ratified
by
the
employer
of
the
person
or
32
by
an
insurer,
the
commissioner
shall
also
assess
a
penalty
to
33
the
employer
or
insurer.
34
b.
Suspension
or
revocation
of
the
license
of
a
person
as
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defined
in
section
507B.2,
subsection
1
,
if
the
person
knew
or
1
reasonably
should
have
known
the
person
was
in
violation
of
2
this
subtitle.
3
c.
Payment
of
interest
at
the
rate
of
ten
percent
per
4
annum
if
the
commissioner
finds
that
the
insurer
failed
to
5
pay
interest
as
required
under
section
507B.4,
subsection
3
,
6
paragraph
“p”
.
7
2.
Until
the
expiration
of
the
time
allowed
under
section
8
507B.8
for
filing
a
petition
for
review
if
no
such
petition
has
9
been
duly
filed
within
such
time,
or,
if
a
petition
for
review
10
has
been
filed
within
such
time,
then
until
the
transcript
of
11
the
record
in
the
proceeding
has
been
filed
in
the
district
12
court,
the
commissioner
may
at
any
time,
upon
such
notice
and
13
in
such
manner
as
the
commissioner
may
deem
proper,
modify
14
or
set
aside
in
whole
or
in
part
any
order
issued
by
the
15
commissioner
under
this
section
.
16
3.
After
the
expiration
of
the
time
allowed
for
filing
17
such
a
petition
for
review
if
no
such
petition
has
been
duly
18
filed
within
such
time,
the
commissioner
may
at
any
time,
after
19
notice
and
opportunity
for
hearing,
reopen
and
alter,
modify,
20
or
set
aside,
in
whole
or
in
part,
any
order
issued
by
the
21
commissioner
under
this
section
,
whenever
in
the
commissioner’s
22
opinion
conditions
of
fact
or
of
law
have
so
changed
as
23
to
require
such
action,
or
if
the
public
interest
shall
so
24
require.
25
4.
Any
person
who
violates
a
cease
and
desist
an
order
26
of
the
commissioner,
and
while
such
order
is
in
effect,
may,
27
after
notice
and
hearing
and
upon
order
of
the
commissioner,
28
be
subject
at
the
discretion
of
the
commissioner
to
any
one
or
29
more
of
the
following:
30
a.
A
monetary
penalty
of
not
more
than
ten
thousand
dollars
31
for
each
and
every
act
or
violation.
A
penalty
collected
32
under
this
lettered
paragraph
shall
be
deposited
as
provided
33
in
section
505.7
.
34
b.
Suspension
or
revocation
of
such
person’s
license.
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Sec.
8.
Section
507E.2A,
subsection
2,
Code
2021,
is
amended
1
to
read
as
follows:
2
2.
“Insurer”
includes
an
insurer
means
any
corporation,
3
association,
partnership,
or
individual
engaged
in
the
business
4
of
insurance,
including
but
not
limited
to
a
corporation,
5
association,
partnership,
or
individual
that
issues
a
policy
6
of
workers’
compensation,
a
self-insured
business
for
purposes
7
of
workers’
compensation
liability,
or
a
group
or
self-insured
8
plan
as
described
in
section
87.4
.
“Insurer”
does
not
include
9
a
person
required
to
be
licensed
to
sell,
solicit,
or
negotiate
10
insurance
pursuant
to
chapter
522B.
11
Sec.
9.
Section
507E.8,
Code
2021,
is
amended
to
read
as
12
follows:
13
507E.8
Law
enforcement
authority.
14
1.
An
individual
employed
by
the
division
and
designated
as
15
a
peace
officer
shall
be
considered
a
law
enforcement
officer
16
as
that
term
is
defined
in
section
80B.3,
and
shall
exercise
17
the
powers
of
a
law
enforcement
officer
as
follows:
18
a.
For
purposes
of
an
arrest
resulting
from
a
criminal
19
violation
of
any
provision
of
the
Code
subject
to
the
20
jurisdiction
of
the
commissioner
established
as
a
result
of
21
an
investigation
pursuant
to
this
chapter
,
an
insurance
fraud
22
bureau
investigator
shall
have
the
authority
and
status
of
a
23
law
enforcement
officer
pursuant
to
section
80B.3,
subsection
24
3
.
25
b.
While
conducting
an
investigation
or
engaged
in
an
26
assignment
authorized
by
this
chapter
or
ordered
by
the
27
commissioner.
28
c.
To
protect
life
if
a
public
offense
is
committed
in
the
29
presence
of
the
peace
officer.
30
d.
While
providing
assistance
to
a
law
enforcement
agency
or
31
another
law
enforcement
officer.
32
e.
While
providing
assistance
at
the
request
of
a
member
of
33
the
public.
34
2.
The
laws
Laws
applicable
to
an
arrest
of
an
individual
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by
a
law
enforcement
officer
of
the
state
shall
apply
to
an
1
insurance
fraud
bureau
investigator
individual
employed
by
2
the
division
and
designated
as
a
peace
officer
.
An
insurance
3
fraud
bureau
investigator
individual
employed
by
the
division
4
and
designated
as
a
peace
officer
shall
have
the
power
to
5
execute
arrest
warrants
and
search
warrants,
serve
subpoenas
6
issued
for
the
examination,
investigation,
and
trial
of
all
7
offenses
identified
through
the
course
of
an
investigation
8
conducted
pursuant
to
this
section
,
and
arrest
upon
probable
9
cause
without
warrant
a
person
found
in
the
act
of
committing
10
a
violation
of
a
provision
of
this
chapter
or
a
law
of
this
11
state
.
12
Sec.
10.
Section
508.38,
subsection
3,
paragraph
b,
13
subparagraph
(1),
subparagraph
division
(c),
Code
2021,
is
14
amended
to
read
as
follows:
15
(c)
The
resulting
interest
guarantee
shall
not
be
less
than
16
one
fifteen
hundreths
percent.
17
Sec.
11.
Section
508E.2,
subsection
14,
Code
2021,
is
18
amended
to
read
as
follows:
19
14.
“Viatical
settlement
broker”
means
a
person,
including
20
a
life
insurance
producer
as
provided
for
in
section
508E.3
,
21
who,
working
exclusively
on
behalf
of
a
viator
and
for
a
fee,
22
commission,
or
other
valuable
consideration,
offers
or
attempts
23
to
negotiate
viatical
settlement
contracts
between
a
viator
24
and
one
or
more
viatical
settlement
providers
or
one
or
more
25
viatical
settlement
brokers.
Notwithstanding
the
manner
in
26
which
the
viatical
settlement
broker
is
compensated,
a
viatical
27
settlement
broker
is
deemed
to
represent
only
the
viator,
28
and
not
the
insurer
or
the
viatical
settlement
provider,
and
29
owes
a
fiduciary
duty
to
the
viator
to
act
according
to
the
30
viator’s
instructions
and
in
the
best
interest
of
the
viator.
31
“Viatical
settlement
broker”
does
not
include
an
attorney,
32
certified
public
accountant,
or
a
financial
planner
accredited
33
by
a
nationally
recognized
accreditation
agency
who
is
retained
34
to
represent
the
viator
and
whose
compensation
is
not
paid
35
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directly
or
indirectly
by
the
viatical
settlement
provider
or
1
purchaser.
2
Sec.
12.
Section
508E.3,
subsections
2
and
3,
Code
2021,
are
3
amended
to
read
as
follows:
4
2.
An
application
for
a
viatical
settlement
provider
5
or
viatical
settlement
broker
license
shall
be
made
to
the
6
commissioner
by
the
applicant
on
a
form
prescribed
by
the
7
commissioner,
and
the
application
shall
be
accompanied
by
a
8
fee
of
not
more
than
one
hundred
dollars
as
provided
by
rules
9
adopted
by
the
commissioner.
10
3.
A
viatical
settlement
provider
or
viatical
settlement
11
broker
license
term
shall
be
three
years
and
the
license
12
may
be
renewed
upon
payment
of
a
renewal
fee
of
not
more
13
than
one
hundred
dollars
as
provided
by
rules
adopted
by
the
14
commissioner.
A
failure
to
pay
the
fee
by
the
renewal
date
15
shall
result
in
expiration
of
the
license.
16
Sec.
13.
Section
509.1,
subsection
9,
Code
2021,
is
amended
17
to
read
as
follows:
18
9.
A
policy
of
group
health
insurance
coverage
issued
to
an
19
associated
health
plan
a
multiple
employer
welfare
arrangement
20
pursuant
to
section
513D.1
chapter
513D
that
is
subject
to
21
regulation
by
the
commissioner.
22
Sec.
14.
Section
509.19,
subsection
2,
paragraph
d,
Code
23
2021,
is
amended
to
read
as
follows:
24
d.
A
multiple
employer
welfare
arrangement,
as
defined
25
in
section
3
of
the
federal
Employee
Retirement
Income
26
Security
Act
of
1974,
29
U.S.C.
§1002
(40)
,
paragraph
40,
27
or
a
multiple
employer
welfare
arrangement
formed
as
an
28
association
health
plan
pursuant
to
29
C.F.R.
pt.
2510
,
29
that
meets
the
requirements
of
section
507A.4,
subsection
9
,
30
paragraph
“a”
chapter
513D
.
31
Sec.
15.
Section
509A.15,
subsection
1,
paragraph
a,
32
unnumbered
paragraph
1,
Code
2021,
is
amended
to
read
as
33
follows:
34
Within
ninety
calendar
days
following
the
end
of
a
fiscal
35
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year,
the
governing
body
of
a
self-insurance
plan
of
a
1
political
subdivision
or
a
school
corporation
shall
file
with
2
the
commissioner
of
insurance
a
certificate
of
compliance,
3
actuarial
opinion,
and
an
annual
financial
report.
The
4
filing
shall
be
accompanied
by
a
fee
of
one
hundred
dollars
5
established
by
the
commissioner
by
rule
.
A
penalty
of
fifteen
6
dollars
per
day
late
fee
established
by
the
commissioner
7
by
rule
shall
be
assessed
for
failure
to
comply
with
the
8
ninety-day
ninety-calendar-day
filing
requirement,
except
that
9
the
commissioner
may
waive
the
penalty
late
fee
upon
a
showing
10
that
special
circumstances
exist
which
justify
the
waiver.
The
11
certificate
shall
be
signed
and
dated
by
the
appropriate
public
12
official
representing
the
governing
body,
and
shall
certify
the
13
following:
14
Sec.
16.
Section
510.21,
Code
2021,
is
amended
to
read
as
15
follows:
16
510.21
Certificate
of
registration
required
Certificates
——
17
registration
and
renewal
.
18
A
person
shall
not
act
as
or
represent
oneself
to
be
a
19
third-party
administrator
in
this
state,
other
than
an
adjuster
20
licensed
in
this
state
for
the
kinds
of
business
for
which
21
the
person
is
acting
as
a
third-party
administrator,
unless
22
the
person
holds
a
current
certificate
of
registration
as
23
a
third-party
administrator
issued
by
the
commissioner
of
24
insurance.
A
certificate
of
registration
as
a
third-party
25
administrator
is
renewable
shall
be
renewed
every
three
26
years.
Failure
to
hold
a
current
certificate
subjects
the
27
of
registration
shall
subject
a
third-party
administrator
to
28
the
sanctions
set
out
in
section
507B.7
.
The
An
application
29
for
a
certificate
of
registration
shall
be
accompanied
by
a
30
filing
fee
as
established
by
the
commissioner
by
rule.
A
31
certificate
of
registration
shall
be
issued
by
the
commissioner
32
to
a
third-party
administrator
unless
the
commissioner
,
33
after
due
notice
and
hearing,
determines
that
the
third-party
34
administrator
is
not
competent,
trustworthy,
financially
35
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responsible,
or
of
good
personal
and
business
reputation,
or
1
has
had
a
previous
an
application
for
an
insurance
license
2
denied
for
cause
within
the
preceding
five
years.
3
An
application
for
registration
shall
be
accompanied
by
a
4
filing
fee
of
one
hundred
dollars.
After
notice
and
hearing,
5
the
commissioner
may
impose
any
or
all
of
the
sanctions
set
out
6
in
section
507B.7
,
upon
finding
that
either
the
third-party
7
administrator
violated
any
of
the
requirements
of
sections
8
510.12
through
510.20
and
this
section
,
or
the
third-party
9
administrator
is
not
competent,
trustworthy,
financially
10
responsible,
or
of
good
personal
and
business
reputation.
11
If
the
commissioner
denies
an
application
for
registration
12
or
renewal,
a
written
notice
that
specifies
the
reasons
for
13
the
denial
or
nonrenewal
shall
be
provided
to
the
applicant.
14
Pursuant
to
chapter
17A,
upon
the
applicant’s
request,
the
15
commissioner
shall
grant
the
applicant
a
hearing
on
the
denial
16
or
nonrenewal.
17
Sec.
17.
Section
510.23,
Code
2021,
is
amended
by
striking
18
the
section
and
inserting
in
lieu
thereof
the
following:
19
510.23
Violations
and
penalties.
20
1.
If,
after
hearing,
the
commissioner
determines
that
21
a
third-party
administrator
has
violated
this
chapter,
or
22
chapter
507B,
the
commissioner
may
order
any
one
or
more
of
the
23
sanctions
or
penalties
set
out
in
section
507B.7.
24
2.
If,
after
hearing,
the
commissioner
determines
that
a
25
person
has
aided
and
abetted
a
third-party
administrator
in
26
commission
of
a
violation
of
this
chapter,
or
chapter
507B,
27
the
commissioner
may
order
any
one
or
more
of
the
sanctions
or
28
penalties
set
out
in
section
507B.7.
29
3.
If,
after
hearing,
the
commissioner
determines
that
30
a
third-party
administrator
is
not
competent,
trustworthy,
31
financially
responsible,
or
of
good
personal
and
business
32
reputation,
the
commissioner
may
order
any
one
or
more
of
the
33
sanctions
and
penalties
set
out
in
section
507B.7.
34
Sec.
18.
Section
511.24,
Code
2021,
is
amended
to
read
as
35
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follows:
1
511.24
Fees
from
domestic
Domestic
and
foreign
companies
——
2
fees
.
3
When
not
otherwise
provided,
a
foreign
or
domestic
life
4
insurance
company
doing
business
in
this
state
shall
pay
to
the
5
commissioner
of
insurance
the
following
fees
a
fee,
established
6
by
the
commissioner
by
rule,
for
all
of
the
following
:
7
1.
For
filing
an
application
to
do
business,
or
an
8
application
to
renew
a
certificate
of
authority
,
fifty
dollars
.
9
2.
For
issuing
a
certificate
of
authority
to
do
business
in
10
this
state,
or
for
renewing
a
certificate
,
fifty
dollars
.
11
3.
For
filing
amended
articles
of
incorporation
,
fifty
12
dollars
.
13
4.
For
issuing
an
amended
certificate
of
authority
,
14
twenty-five
dollars
.
15
5.
For
affixing
the
official
seal
to
any
paper
filed
with
16
the
division
,
ten
dollars
.
17
Sec.
19.
Section
512B.24,
Code
2021,
is
amended
to
read
as
18
follows:
19
512B.24
Reports
Annual
statement
.
20
Reports
shall
be
filed
in
accordance
with
this
section
.
21
1.
A
society
transacting
business
in
this
state
shall
,
on
or
22
before
March
1
annually
,
unless
for
cause
shown
the
time
has
23
been
extended
by
the
commissioner,
shall
annually
file
with
the
24
commissioner
a
true
statement
of
its
the
society’s
financial
25
condition,
transactions,
and
affairs
for
the
preceding
calendar
26
year
and
shall
pay
a
fee
of
fifty
dollars
established
by
the
27
commissioner
by
rule
.
The
statement
may
be
in
general
form
and
28
content
as
approved
by
the
national
association
of
insurance
29
commissioners
for
fraternal
benefit
societies
and
shall
be
30
supplemented
by
additional
information
as
adopted
by
rule
of
31
the
commissioner.
32
2.
As
part
of
the
a
society’s
annual
statement,
a
the
33
society
shall,
on
or
before
March
1,
file
with
the
commissioner
34
of
insurance
a
valuation
of
its
the
society’s
certificates
35
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in
force
on
the
last
preceding
December
31.
However,
the
1
commissioner
may,
for
cause
shown,
extend
the
time
for
filing
2
the
valuation
for
not
more
than
two
consecutive
calendar
3
months.
The
valuation
shall
be
done
completed
in
accordance
4
compliance
with
the
standards
specified
in
section
512B.23
.
5
The
valuation
and
underlying
data
shall
be
certified
by
a
6
qualified
actuary
or,
at
the
expense
of
the
society,
verified
7
by
the
actuary
of
the
department
of
insurance
of
the
state
of
8
domicile
of
the
society.
9
3.
A
society
failing
to
file
the
society’s
annual
statement
10
in
the
form
and
within
the
time
provided
by
compliance
with
11
this
section
shall
forfeit
one
hundred
dollars
for
each
day
12
during
which
the
default
continues,
and,
upon
notice
by
the
13
commissioner
to
that
effect
,
the
society’s
authority
to
do
14
business
in
this
state
shall
cease
while
during
the
duration
of
15
the
default
continues
.
16
Sec.
20.
Section
512B.25,
Code
2021,
is
amended
to
read
as
17
follows:
18
512B.25
Annual
license
——
renewal.
19
The
authority
of
a
society
to
transact
business
in
this
20
state
may
be
renewed
annually.
A
society’s
license
terminates
21
to
transact
business
in
this
state
shall
terminate
on
the
22
first
day
of
June
following
the
issuance
or
the
renewal
of
23
the
society’s
license
.
A
society
shall
submit
annually
on
24
or
before
March
1
a
completed
application
for
renewal
of
its
25
license.
For
each
license
or
renewal
the
society
shall
pay
26
the
commissioner
a
fee
of
fifty
dollars
established
by
the
27
commissioner
by
rule
.
A
society
that
fails
to
timely
file
an
28
application
for
renewal
shall
pay
an
administrative
penalty
29
of
five
hundred
dollars
to
the
treasurer
of
state
for
deposit
30
as
provided
in
section
505.7
a
late
fee
as
established
by
the
31
commissioner
by
rule
.
A
duly
certified
copy
or
duplicate
32
of
the
a
society’s
license
is
prima
facie
evidence
that
the
33
licensee
is
a
fraternal
benefit
society
within
the
meaning
of
34
this
chapter
.
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Sec.
21.
Section
513D.1,
Code
2021,
is
amended
by
striking
1
the
section
and
inserting
in
lieu
thereof
the
following:
2
513D.1
Multiple
employer
welfare
arrangements
and
association
3
health
plans.
4
1.
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
a.
“Association
health
plan”
or
“AHP”
means
a
multiple
7
employer
welfare
arrangement
formed
as
an
association
health
8
plan
pursuant
to
29
C.F.R.
pt.
2510.
9
b.
“Commissioner”
means
the
commissioner
of
insurance.
10
c.
“Multiple
employer
welfare
arrangement”
or
“MEWA”
means
a
11
multiple
employer
welfare
arrangement
as
defined
in
section
3
12
of
the
federal
Employee
Retirement
Income
Security
Act
of
1974,
13
29
U.S.C.
§1002,
paragraph
40.
14
2.
An
AHP
or
MEWA
that
offers
a
plan
to,
or
maintains
a
15
group
health
plan
for,
any
resident
of
this
state
shall
be
16
subject
to
the
jurisdiction
of
the
commissioner
and
shall
17
comply
with
all
of
the
following
requirements:
18
a.
The
AHP
or
MEWA
must
be
administered
by
an
insurer
19
authorized
to
do
the
business
of
insurance
in
this
state
or
20
an
authorized
third-party
administrator
that
holds
a
current
21
certificate
of
registration
pursuant
to
section
510.21.
22
b.
The
AHP
or
MEWA
must
be
established
by
a
trade,
23
industry,
or
professional
association
of
employers
that
has
a
24
constitution
or
bylaws,
is
organized
and
maintained
in
good
25
faith,
and
has
membership
stability
as
defined
by
rules
adopted
26
by
the
commissioner.
27
c.
The
AHP
or
MEWA
must
register
with
the
commissioner
and
28
obtain
and
maintain
a
certificate
of
registration
issued
by
the
29
commissioner.
30
d.
The
AHP
or
MEWA
shall
comply
with
all
rules
and
solvency
31
standards
established
by
rules
adopted
by
the
commissioner.
32
3.
An
AHP
or
MEWA
that
does
not
meet
the
solvency
standards
33
pursuant
to
subsection
2,
paragraph
“d”
,
shall
be
subject
to
34
chapter
507C.
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4.
An
AHP
or
MEWA
that
meets
all
of
the
requirements
of
1
subsection
2
shall
not
be
considered
any
of
the
following:
2
a.
An
insurance
company
or
association
of
whatever
kind
or
3
character
under
section
432.1.
4
b.
A
member
of
the
Iowa
individual
health
benefit
5
reinsurance
association
pursuant
to
section
513C.10,
subsection
6
1.
7
c.
A
member
insurer
of
the
Iowa
life
and
health
insurance
8
guaranty
association
pursuant
to
section
508C.5.
9
5.
An
AHP
or
MEWA
that
is
registered
with
the
commissioner
10
pursuant
to
subsection
2,
paragraph
“c”
,
shall
annually
file
11
with
the
commissioner
on
or
before
March
1
a
copy
of
the
report
12
required
to
be
filed
by
the
AHP
or
MEWA
with
the
United
States
13
department
of
labor
pursuant
to
29
C.F.R.
§2520.101-2.
14
6.
An
AHP
or
MEWA
that
is
registered
with
the
commissioner
15
pursuant
to
subsection
2,
paragraph
“c”
,
shall
annually
file
16
with
the
commissioner
a
report
on
or
before
March
1
for
the
17
preceding
calendar
year.
The
annual
report
shall
contain
the
18
information
and
be
in
a
form
and
manner
as
prescribed
by
the
19
commissioner.
20
7.
A
foreign
or
domestic
AHP
or
MEWA
doing
business
in
the
21
state
shall
pay
fees
as
prescribed
by
the
commissioner
unless
22
otherwise
provided
by
law.
23
8.
A
MEWA
that
is
recognized
as
tax-exempt
under
Internal
24
Revenue
Code
section
501(c)(9)
and
that
is
registered
with
the
25
commissioner
prior
to
January
1,
2018,
shall
not
be
considered
26
an
AHP
unless
the
MEWA
affirmatively
elects
to
be
treated
as
27
an
AHP.
28
Sec.
22.
Section
513D.2,
subsection
1,
Code
2021,
is
amended
29
to
read
as
follows:
30
1.
The
commissioner
of
insurance
shall
adopt
rules
,
as
31
necessary
,
pursuant
to
chapter
17A
to
administer
this
chapter
.
32
Sec.
23.
Section
514G.103,
subsection
10,
Code
2021,
is
33
amended
to
read
as
follows:
34
10.
“Independent
review
entity
organization
”
means
a
review
35
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entity
organization
certified
by
the
commissioner
pursuant
to
1
section
514G.110,
subsection
4
.
2
Sec.
24.
Section
514G.110,
subsections
4,
5,
6,
7,
8,
and
9,
3
Code
2021,
are
amended
to
read
as
follows:
4
4.
Qualifications
of
independent
review
entities
5
organizations
.
The
commissioner
shall
maintain
a
list
of
6
qualified
independent
review
entities
organizations
that
are
7
certified
by
the
commissioner.
Independent
review
entities
8
organizations
shall
be
recertified
by
the
commissioner
every
9
two
years
in
order
to
remain
on
the
list.
In
order
to
be
10
certified,
an
independent
review
entity
organization
shall
meet
11
all
of
the
following
criteria:
12
a.
Have
on
staff,
or
contract
with,
a
qualified,
licensed
13
health
care
professional
in
an
appropriate
field
for
14
determining
an
insured’s
functional
or
cognitive
impairment
who
15
can
conduct
an
independent
review.
16
(1)
In
order
to
be
qualified,
a
licensed
health
care
17
professional
who
is
a
physician
shall
hold
a
current
18
certification
by
a
recognized
American
medical
specialty
19
board
in
a
specialty
appropriate
for
determining
an
insured’s
20
functional
or
cognitive
impairment.
21
(2)
In
order
to
be
qualified,
a
licensed
health
care
22
professional
who
is
not
a
physician
shall
hold
a
current
23
certification
in
the
specialty
in
which
that
person
is
24
licensed,
by
a
recognized
American
specialty
board
in
a
25
specialty
appropriate
for
determining
an
insured’s
functional
26
or
cognitive
impairment.
27
b.
Ensure
that
any
licensed
health
care
professional
who
28
conducts
an
independent
review
has
no
history
of
disciplinary
29
actions
or
sanctions,
including
but
not
limited
to
the
loss
30
of
staff
privileges
or
any
participation
restrictions
taken
31
or
pending
by
any
hospital
or
state
or
federal
government
32
regulatory
agency.
33
c.
Ensure
that
the
independent
review
entity
organization
34
or
any
of
its
employees,
agents,
or
licensed
health
care
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professionals
utilized
does
not
receive
compensation
of
any
1
type
that
is
dependent
on
the
outcome
of
a
review.
2
d.
Ensure
that
the
independent
review
entity
organization
3
or
any
of
its
employees,
agents,
or
licensed
health
care
4
professionals
utilized
are
not
in
any
manner
related
to,
5
employed
by,
or
affiliated
with
the
insured
or
with
a
person
6
who
previously
provided
medical
care
to
the
insured.
7
e.
Ensure
that
an
independent
review
entity
organization
8
or
any
of
its
employees,
agents,
or
licensed
health
care
9
professionals
utilized
is
not
a
subsidiary
of,
or
owned
or
10
controlled
by,
an
insurer
or
by
a
trade
association
of
insurers
11
of
which
the
insurer
is
a
member.
12
f.
Have
a
quality
assurance
program
on
file
with
the
13
commissioner
that
ensures
the
timeliness
and
quality
of
reviews
14
performed,
the
qualifications
and
independence
of
the
licensed
15
health
care
professionals
who
perform
the
reviews,
and
the
16
confidentiality
of
the
review
process.
17
g.
Have
on
staff
or
contract
with
a
licensed
health
care
18
practitioner,
as
defined
in
section
514G.103,
subsection
3
,
who
19
is
qualified
to
certify
that
an
individual
is
chronically
ill
20
for
purposes
of
a
qualified
long-term
care
insurance
contract.
21
5.
Independent
review
process.
The
independent
review
22
process
shall
be
conducted
as
follows:
23
a.
Within
three
business
days
of
receiving
a
notice
from
the
24
commissioner
of
the
certification
of
a
request
for
independent
25
review
or
receipt
of
a
denial
of
an
insurer’s
appeal
from
such
26
a
certification,
the
insurer
shall
do
all
of
the
following:
27
(1)
Select
an
independent
review
entity
organization
from
28
the
list
certified
by
the
commissioner
and
notify
the
insured
29
in
writing
of
the
name,
address,
and
telephone
number
of
the
30
selected
independent
review
entity
selected
organization
.
The
31
selected
independent
review
entity
selected
organization
shall
32
utilize
a
licensed
health
care
professional
with
qualifications
33
appropriate
to
the
benefit
trigger
determination
that
is
under
34
review.
35
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(2)
Notify
the
independent
review
entity
organization
1
that
it
has
been
selected
to
conduct
an
independent
review
2
of
a
benefit
trigger
determination
and
provide
sufficient
3
descriptive
information
to
enable
the
independent
review
entity
4
organization
to
provide
licensed
health
care
professionals
who
5
will
be
qualified
to
conduct
the
review.
6
(3)
Provide
the
commissioner
with
a
copy
of
the
notices
sent
7
to
the
insured
and
to
the
selected
independent
review
entity
8
selected
organization
.
9
b.
Within
three
business
days
of
receiving
a
notice
from
10
an
insurer
that
it
has
been
selected
to
conduct
an
independent
11
review,
the
independent
review
entity
organization
shall
do
one
12
of
the
following:
13
(1)
Accept
its
selection
as
the
independent
review
entity
14
organization
,
designate
a
qualified
licensed
health
care
15
professional
to
perform
the
independent
review,
and
provide
16
notice
of
that
designation
to
the
insured
and
the
insurer,
17
including
a
brief
description
of
the
health
care
professional’s
18
qualifications
and
the
reasons
that
person
is
qualified
to
19
determine
whether
the
insured’s
benefit
trigger
has
been
met.
20
A
copy
of
this
notice
shall
be
sent
to
the
commissioner
via
21
facsimile.
The
independent
review
entity
organization
is
not
22
required
to
disclose
the
name
of
the
health
care
professional
23
selected.
24
(2)
Decline
its
selection
as
the
independent
review
entity
25
organization
or,
if
the
independent
review
entity
organization
26
does
not
have
a
licensed
health
care
professional
who
is
27
qualified
to
conduct
the
independent
review
available,
request
28
additional
time
from
the
commissioner
to
have
a
qualified
29
licensed
health
care
professional
certified,
and
provide
30
notice
to
the
insured,
the
insurer,
and
the
commissioner.
31
The
commissioner
shall
notify
the
independent
review
entity
32
organization
,
the
insured,
and
the
insurer
of
how
to
proceed
33
within
three
business
days
of
receipt
of
such
notice
from
the
34
independent
review
entity
organization
.
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c.
An
insured
may
object
to
the
independent
review
entity
1
organization
selected
by
the
insurer
or
to
the
licensed
2
health
care
professional
designated
by
the
independent
review
3
entity
organization
to
conduct
the
review
by
filing
a
notice
4
of
objection
along
with
reasons
for
the
objection,
with
the
5
commissioner
within
ten
days
of
receipt
of
a
notice
sent
by
the
6
independent
review
entity
organization
pursuant
to
paragraph
7
“b”
.
The
commissioner
shall
consider
the
insured’s
objection
8
and
shall
notify
the
insured,
the
insurer,
and
the
independent
9
review
entity
organization
of
the
commissioner’s
decision
to
10
sustain
or
deny
the
objection
within
two
business
days
of
11
receipt
of
the
objection.
12
d.
Within
five
business
days
of
receiving
a
notice
from
13
the
independent
review
entity
organization
accepting
its
14
selection
or
within
five
business
days
of
receiving
a
denial
15
of
an
objection
to
the
independent
review
entity
organization
16
selected,
whichever
is
later,
the
insured
may
submit
any
17
information
or
documentation
in
support
of
the
insured’s
claim
18
to
both
the
independent
review
entity
organization
and
the
19
insurer.
20
e.
Within
fifteen
days
of
receiving
a
notice
from
the
21
independent
review
entity
organization
accepting
its
selection
22
or
within
three
business
days
of
receipt
of
a
denial
of
23
an
objection
to
the
independent
review
entity
organization
24
selected,
whichever
is
later,
an
insurer
shall
do
all
of
the
25
following:
26
(1)
Provide
the
independent
review
entity
organization
27
with
any
information
submitted
to
the
insurer
by
the
insured
28
in
support
of
the
insured’s
internal
appeal
of
the
insurer’s
29
benefit
trigger
determination.
30
(2)
Provide
the
independent
review
entity
organization
with
31
any
other
relevant
documents
used
by
the
insurer
in
making
its
32
benefit
trigger
determination.
33
(3)
Provide
the
insured
and
the
commissioner
with
34
confirmation
that
the
information
required
under
subparagraphs
35
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(1)
and
(2)
has
been
provided
to
the
independent
review
entity
1
organization
,
including
the
date
the
information
was
provided.
2
f.
The
independent
review
entity
organization
shall
not
3
commence
its
review
until
fifteen
days
after
the
selection
of
4
the
independent
review
entity
organization
is
final
including
5
the
resolution
of
any
objection
made
pursuant
to
paragraph
6
“c”
.
During
this
time
period,
the
insurer
may
consider
any
7
information
provided
by
the
insured
pursuant
to
paragraph
8
“d”
and
overturn
or
affirm
the
insurer’s
benefit
trigger
9
determination
based
on
such
information.
If
the
insurer
10
overturns
its
benefit
trigger
determination,
the
independent
11
review
process
shall
immediately
cease.
12
g.
In
conducting
a
review,
the
independent
review
13
entity
organization
shall
consider
only
the
information
14
and
documentation
provided
to
the
independent
review
entity
15
organization
pursuant
to
paragraphs
“d”
and
“e”
.
16
h.
The
independent
review
entity
organization
shall
submit
17
its
decision
as
soon
as
possible,
but
not
later
than
thirty
18
days
from
the
date
the
independent
review
entity
organization
19
receives
the
information
required
under
paragraphs
“d”
and
“e”
,
20
whichever
is
received
later.
The
decision
shall
include
a
21
description
of
the
basis
for
the
decision
and
the
date
of
the
22
benefit
trigger
determination
to
which
the
decision
relates.
23
The
independent
review
entity
organization
,
for
good
cause,
24
may
request
an
extension
of
time
from
the
commissioner
to
file
25
its
decision.
A
copy
of
the
decision
shall
be
mailed
to
the
26
insured,
the
insurer,
and
the
commissioner.
27
i.
All
medical
records
submitted
for
use
by
the
independent
28
review
entity
organization
shall
be
maintained
as
confidential
29
records
as
required
by
applicable
state
and
federal
laws.
The
30
commissioner
shall
keep
all
information
obtained
during
the
31
independent
review
process
confidential
pursuant
to
section
32
505.8,
subsection
8
,
except
that
the
commissioner
may
share
33
some
information
obtained
as
provided
under
section
505.8,
34
subsection
8
,
and
as
required
by
this
chapter
and
rules
adopted
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pursuant
to
this
chapter
.
1
j.
If
an
insured
dies
before
completion
of
the
independent
2
review,
the
review
shall
continue
to
completion
if
there
3
is
potential
liability
of
an
insurer
to
the
estate
of
the
4
insured
or
to
a
provider
for
rendering
qualified
long-term
care
5
services
to
the
insured.
6
6.
Costs.
All
reasonable
fees
and
costs
of
the
independent
7
review
entity
incurred
organization
in
conducting
an
8
independent
review
under
this
section
shall
be
paid
by
the
9
insurer.
10
7.
Immunity.
An
independent
review
entity
organization
that
11
conducts
a
review
under
this
section
is
not
liable
for
damages
12
arising
from
determinations
made
during
the
review.
Immunity
13
does
not
apply
to
any
act
or
omission
made
by
an
independent
14
review
entity
organization
in
bad
faith
or
that
involves
gross
15
negligence.
16
8.
Effect
of
independent
review
decision.
17
a.
The
review
decision
by
the
independent
review
entity
18
organization
conducting
the
review
is
binding
on
the
insurer.
19
b.
The
independent
review
process
set
forth
in
this
section
20
shall
not
be
considered
a
contested
case
under
chapter
17A
.
21
c.
An
insured
may
appeal
the
review
decision
by
the
22
independent
review
entity
organization
conducting
the
review
23
by
filing
a
petition
for
judicial
review
in
the
district
court
24
in
the
county
in
which
the
insured
resides.
The
petition
for
25
judicial
review
shall
be
filed
within
fifteen
business
days
26
after
the
issuance
of
the
review
decision
by
the
independent
27
review
organization
.
The
petition
shall
name
the
insured
28
as
the
petitioner
and
the
insurer
as
the
respondent.
The
29
petitioner
shall
not
name
the
independent
review
entity
30
organization
as
a
party.
The
commissioner
shall
not
be
named
31
as
a
respondent
unless
the
insured
alleges
action
or
inaction
32
by
the
commissioner
under
the
standards
articulated
under
33
section
17A.19,
subsection
10
.
Allegations
made
against
the
34
commissioner
under
section
17A.19,
subsection
10
,
must
be
35
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stated
with
particularity.
The
commissioner
may,
upon
motion,
1
intervene
in
a
judicial
review
proceeding
brought
pursuant
to
2
this
paragraph.
The
findings
of
fact
by
the
independent
review
3
entity
organization
conducting
the
review
are
conclusive
and
4
binding
on
appeal.
5
d.
An
insurer
shall
not
be
subject
to
any
penalties,
6
sanctions,
or
damages
for
complying
in
good
faith
with
a
review
7
decision
rendered
by
an
independent
review
entity
organization
8
pursuant
to
this
section
.
9
e.
Nothing
contained
in
this
section
or
in
section
514G.109
10
shall
be
construed
to
limit
the
right
of
an
insurer
to
assert
11
any
rights
an
insurer
may
have
under
a
long-term
care
insurance
12
policy
related
to:
13
(1)
An
insured’s
misrepresentation.
14
(2)
Changes
in
the
insured’s
benefit
eligibility.
15
(3)
Terms,
conditions,
and
exclusions
contained
in
the
16
policy,
other
than
failure
to
meet
the
benefit
trigger.
17
f.
The
requirements
of
this
section
and
section
514G.109
are
18
not
applicable
to
a
group
long-term
care
insurance
policy
that
19
is
governed
by
the
federal
Employee
Retirement
Income
Security
20
Act
of
1974,
as
codified
at
29
U.S.C.
§100
§1001
et
seq.
21
g.
The
provisions
of
this
section
and
section
514G.109
22
are
in
lieu
of
and
supersede
any
other
third-party
review
23
requirement
contained
in
chapter
514J
or
in
any
other
provision
24
of
law.
25
h.
The
insured
may
bring
an
action
in
the
district
court
26
in
the
county
in
which
the
insured
resides
to
enforce
the
27
review
decision
of
the
independent
review
entity
organization
28
conducting
the
review
or
the
decision
of
the
court
on
appeal.
29
9.
Receipt
of
notice.
Notice
required
by
this
section
shall
30
be
deemed
received
within
five
days
after
the
date
of
mailing.
31
Sec.
25.
Section
515.147,
Code
2021,
is
amended
to
read
as
32
follows:
33
515.147
Fees.
34
Fees
,
established
by
the
commissioner
of
insurance
by
rule,
35
-21-
HF
838
(2)
89
ko/rn/md
21/
44
H.F.
838
shall
be
paid
to
the
commissioner
of
insurance
for
deposit
as
1
provided
in
section
505.7
as
follows
for
all
of
the
following
:
2
1.
For
filing
an
application
to
do
business,
including
all
3
documents
submitted
in
connection
with
the
application,
by
a
4
foreign
or
domestic
company,
or
for
filing
an
application
for
5
renewed
authority
,
fifty
dollars
.
6
2.
For
issuing
to
a
foreign
or
domestic
company
a
7
certificate
of
authority
to
do
business
or
a
renewed
8
certificate
of
authority
,
fifty
dollars
.
9
3.
For
filing
amended
articles
of
incorporation
,
fifty
10
dollars
.
11
4.
For
issuing
an
amended
certificate
of
authority
,
12
twenty-five
dollars
.
13
5.
For
affixing
the
official
seal
to
any
paper
filed
with
14
the
division
,
ten
dollars
.
15
Sec.
26.
Section
515A.2,
subsection
1,
Code
2021,
is
amended
16
by
adding
the
following
new
paragraph:
17
NEW
PARAGRAPH
.
0a.
“Commissioner”
means
the
commissioner
18
of
insurance.
19
Sec.
27.
Section
515A.6,
subsection
1,
paragraph
c,
Code
20
2021,
is
amended
to
read
as
follows:
21
c.
Licenses
issued
pursuant
to
this
section
shall
remain
22
in
effect
for
three
years
unless
sooner
suspended
or
revoked
23
by
the
commissioner.
The
fee
for
the
license
fee
shall
be
one
24
hundred
dollars
established
by
the
commissioner
by
rule
.
25
Sec.
28.
Section
515A.6,
subsection
7,
Code
2021,
is
amended
26
to
read
as
follows:
27
7.
Notwithstanding
any
other
provision
of
the
Code
law
to
28
the
contrary
,
the
commissioner
of
insurance
shall
provide
for
29
a
hearing
in
a
proceeding
involving
a
workers’
compensation
30
insurance
rate
filing
by
a
licensed
rating
organization
31
in
accordance
with
the
provisions
of
this
subsection
and
32
rules
promulgated
by
the
commissioner
of
insurance
pursuant
33
to
chapter
17A
.
Except
as
otherwise
provided
herein,
the
34
provisions
of
this
subsection
shall
not
be
subject
to
the
35
-22-
HF
838
(2)
89
ko/rn/md
22/
44
H.F.
838
requirements
of
chapter
17A
.
The
procedures
for
such
hearing
1
shall
be
as
follows:
2
a.
The
commissioner
shall
provide
notice
of
the
filing
of
3
the
proposed
rates
at
least
thirty
days
before
the
effective
4
date
of
the
proposed
rates
by
publishing
a
notice
on
the
5
internet
site
of
the
insurance
division
of
the
department
of
6
commerce.
7
b.
A
public
hearing
shall
be
held
on
the
proposed
rates
by
8
the
commissioner
of
insurance
if
within
fifteen
days
of
the
9
date
of
publication
a
workers’
compensation
policyholder
or
an
10
established
organization
with
one
or
more
workers’
compensation
11
policyholders
among
its
members
files
a
written
demand
with
the
12
commissioner
of
insurance
for
a
hearing
on
the
proposed
rates.
13
c.
The
commissioner
of
insurance
shall
hold
the
hearing
14
within
twenty
days
after
receipt
of
the
written
demand
for
a
15
hearing
and
shall
give
not
less
than
ten
days
written
notice
of
16
the
time
and
place
of
the
hearing
to
the
person
or
association
17
filing
the
demand,
to
the
rating
organization,
and
to
any
other
18
person
requesting
such
notice.
19
d.
At
any
such
hearing,
the
rating
organization
shall
20
bear
the
burden
of
proof
to
support
the
proposed
rates
by
a
21
preponderance
of
the
evidence.
The
person
or
association
22
requesting
the
hearing,
and
any
other
person
admitted
as
a
23
party
to
the
proceeding,
shall
be
given
the
opportunity
to
24
respond
and
introduce
evidence
and
arguments
on
all
the
issues
25
involved.
26
e.
Within
fifteen
days
after
the
start
of
the
hearing,
the
27
commissioner
of
insurance
will
shall
approve
or
disapprove
28
the
proposed
rates
and
specify
the
reasons
therefor.
The
29
commissioner
of
insurance
may
suspend
or
postpone
the
effective
30
date
of
the
proposed
rates
pending
the
hearing
and
written
31
decision
thereon.
32
f.
Judicial
review
of
the
decision
of
the
commissioner
of
33
insurance
on
such
rates
may
be
sought
in
accordance
with
the
34
provisions
of
chapter
17A
.
35
-23-
HF
838
(2)
89
ko/rn/md
23/
44
H.F.
838
g.
Absent
a
request
for
a
hearing
as
provided
in
paragraph
1
“b”
,
the
commissioner
shall
issue
an
order
approving
or
2
disapproving
the
proposed
rates.
3
h.
The
waiting
period
for
a
workers’
compensation
insurance
4
rate
filing
shall
commence
no
earlier
than
the
date
that
notice
5
of
the
insurance
rate
filing
is
published.
6
Sec.
29.
Section
515A.10,
Code
2021,
is
amended
to
read
as
7
follows:
8
515A.10
Advisory
organizations.
9
1.
Every
group,
association
or
other
organization
of
10
insurers,
whether
located
within
or
outside
of
this
state,
11
which
assists
insurers
which
make
their
own
filings
or
rating
12
organizations
in
rate
making,
by
the
collection
and
furnishing
13
of
loss
or
expense
statistics,
or
by
the
submission
of
14
recommendations,
but
which
does
not
make
filings
under
this
15
chapter
,
shall
be
known
as
an
advisory
organization.
16
2.
An
advisory
organization
shall
not
provide
a
service
17
relating
to
this
chapter,
and
an
insurer
shall
not
utilize
18
the
services
of
an
advisory
organization
for
such
purposes
19
unless
the
advisory
organization
has
obtained
a
license
under
20
subsection
3.
21
2.
3.
Every
An
advisory
organization
applying
for
a
license
22
shall
file
include
with
its
application
to
the
commissioner
all
23
of
the
following:
24
a.
A
copy
of
its
constitution,
its
articles
of
agreement
25
or
association
or
its
certificate
of
incorporation
and
of
its
26
bylaws,
rules
and
regulations
governing
its
activities.
27
b.
A
list
of
its
members.
28
c.
The
name
and
address
of
a
resident
of
this
state
upon
29
whom
notices
or
orders
of
the
commissioner
or
process
issued
at
30
the
commissioner’s
direction
may
be
served.
31
d.
An
agreement
that
the
commissioner
may
examine
such
32
advisory
organization
in
accordance
with
the
provisions
of
33
section
515A.12
.
34
e.
A
fee
established
by
the
commissioner
by
rule.
35
-24-
HF
838
(2)
89
ko/rn/md
24/
44
H.F.
838
3.
4.
If,
after
a
hearing,
the
commissioner
finds
that
1
the
furnishing
of
such
information
or
assistance
involves
an
2
advisory
organization
has
engaged
in
any
act
or
practice
which
3
is
unfair
,
or
unreasonable
,
or
otherwise
inconsistent
with
the
4
provisions
in
violation
of
this
chapter
,
the
commissioner
may
5
issue
a
written
an
order
specifying
in
what
respects
such
act
6
or
practice
is
unfair
or
unreasonable
or
otherwise
inconsistent
7
with
the
provisions
of
this
chapter
,
and
requiring
the
8
discontinuance
of
such
act
or
practice
advisory
organization
to
9
cease
and
desist
such
act
or
practice
.
The
commissioner
may,
10
at
any
time
after
hearing,
revoke
or
suspend
the
license
of
an
11
advisory
organization
which
does
not
comply
with
this
chapter.
12
4.
5.
No
insurer
which
makes
its
own
filings
nor
any
rating
13
organization
shall
support
its
filings
by
statistics
or
adopt
14
rate
making
recommendations,
furnished
to
it
by
an
advisory
15
organization
which
has
not
complied
with
this
section
or
with
16
an
order
of
the
commissioner
involving
such
statistics
or
17
recommendations
issued
under
subsection
3
4
of
this
section
.
18
If
the
commissioner
finds
such
insurer
or
rating
organization
19
to
be
in
violation
of
this
subsection
the
commissioner
may
20
issue
an
order
requiring
the
discontinuance
of
such
violation.
21
6.
A
license
issued
under
this
section
shall
remain
in
22
effect
for
three
years
unless
sooner
suspended
or
revoked
by
23
the
commissioner.
24
Sec.
30.
Section
515D.4,
subsection
2,
paragraph
a,
Code
25
2021,
is
amended
to
read
as
follows:
26
a.
The
named
insured
or
any
operator
who
either
resides
27
in
the
same
household
or
customarily
operates
an
automobile
28
insured
under
the
policy
has
that
person’s
driver’s
license
29
suspended
or
revoked
during
the
policy
term
or,
if
the
policy
30
is
a
renewal,
during
its
term
or
the
one
hundred
eighty
days
31
immediately
preceding
its
effective
date.
any
of
the
following:
32
(1)
The
term
of
the
policy.
33
(2)
The
term
of
a
renewal
policy.
34
(3)
Within
one
hundred
eighty
calendar
days
immediately
35
-25-
HF
838
(2)
89
ko/rn/md
25/
44
H.F.
838
preceding
the
effective
date
of
a
renewal
of
the
policy.
1
Sec.
31.
Section
515D.4,
subsection
3,
Code
2021,
is
amended
2
to
read
as
follows:
3
3.
This
section
shall
not
apply
to
any
policy
or
coverage
4
which
has
been
in
effect
less
than
sixty
calendar
days
at
the
5
time
notice
of
cancellation
is
mailed
or
delivered
by
the
6
insurer
unless
it
is
a
renewal
policy.
This
section
shall
not
7
apply
to
the
nonrenewal
of
a
policy.
8
Sec.
32.
Section
515D.5,
Code
2021,
is
amended
to
read
as
9
follows:
10
515D.5
Delivery
of
notice.
11
1.
a.
Notwithstanding
the
provisions
of
section
515.129A
,
12
a
notice
of
cancellation
of
a
policy
shall
not
be
effective
13
unless
mailed
or
delivered
by
the
insurer
to
the
named
insured
14
at
least
thirty
calendar
days
prior
to
the
effective
date
of
15
cancellation,
or,
where
the
cancellation
is
for
nonpayment
of
16
premium
notwithstanding
the
provisions
of
section
515.129A
,
17
at
least
ten
calendar
days
prior
to
the
date
of
cancellation.
18
A
post
office
department
certificate
of
mailing
to
the
named
19
insured
at
the
address
shown
in
the
policy
shall
be
proof
20
of
receipt
of
such
mailing.
Unless
the
reason
accompanies
21
the
notice
of
cancellation,
the
notice
shall
state
that
upon
22
written
request
of
the
named
insured,
mailed
or
delivered
to
23
the
insurer
not
less
than
fifteen
calendar
days
prior
to
the
24
date
of
cancellation,
the
insurer
will
state
the
reason
for
25
cancellation
together
with
notification
of
the
right
to
a
26
hearing
before
the
commissioner
within
fifteen
calendar
days
as
27
provided
in
this
chapter
.
28
b.
When
the
reason
does
not
accompany
the
notice
of
29
cancellation,
the
insurer
shall,
upon
receipt
of
a
timely
30
request
by
the
named
insured,
state
in
writing
the
reason
31
for
cancellation.
A
statement
of
reason
shall
be
mailed
or
32
delivered
to
the
named
insured
within
five
calendar
days
after
33
receipt
of
a
request.
34
2.
A
notice
of
exclusion
of
a
person
under
a
policy
pursuant
35
-26-
HF
838
(2)
89
ko/rn/md
26/
44
H.F.
838
to
section
515D.4
,
is
not
effective
unless
written
notice
1
is
mailed
or
delivered
to
the
named
insured
at
least
twenty
2
calendar
days
prior
to
the
effective
date
of
the
exclusion.
3
The
written
notice
shall
state
the
reason
for
the
exclusion,
4
together
with
notification
of
the
right
to
a
hearing
before
5
the
commissioner
pursuant
to
section
515D.10
within
fifteen
6
calendar
days
of
receipt
or
delivery
of
a
statement
of
reason
7
as
provided
in
this
section
.
8
Sec.
33.
Section
515D.6,
Code
2021,
is
amended
to
read
as
9
follows:
10
515D.6
Prohibited
reasons
for
nonrenewal
.
11
1.
No
insurer
shall
refuse
to
renew
a
policy
solely
because
12
of
age,
residence,
sex,
race,
color,
creed,
or
occupation
of
13
an
insured
.
14
2.
No
insurer
shall
require
a
physical
examination
of
a
15
policyholder
as
a
condition
for
renewal
solely
on
the
basis
of
16
age
or
other
arbitrary
reason.
In
the
event
that
an
insurer
17
requires
a
physical
examination
of
a
policyholder,
the
burden
18
of
proof
in
establishing
reasonable
and
sufficient
grounds
for
19
such
requirement
shall
rest
with
the
insurer
and
the
expenses
20
incident
to
such
examination
shall
be
borne
by
the
insurer.
21
Sec.
34.
Section
515D.7,
Code
2021,
is
amended
to
read
as
22
follows:
23
515D.7
Notice
of
intent.
24
1.
Notwithstanding
the
provisions
of
sections
515.125
,
25
515.128
,
515.129B
,
and
515.129C
,
an
insurer
shall
not
fail
to
26
renew
a
policy
except
by
notice
to
the
insured
as
provided
27
in
this
chapter
.
A
notice
of
intention
not
to
renew
shall
28
not
be
effective
unless
mailed
or
delivered
by
the
insurer
29
to
the
named
insured
at
least
thirty
calendar
days
prior
to
30
the
expiration
date
of
the
policy.
A
post
office
department
31
certificate
of
mailing
to
the
named
insured
at
the
address
32
shown
in
the
policy
shall
be
proof
of
receipt
of
such
mailing.
33
Unless
the
reason
accompanies
the
notice
of
intent
not
to
34
renew,
the
notice
shall
state
that,
upon
written
request
of
35
-27-
HF
838
(2)
89
ko/rn/md
27/
44
H.F.
838
the
named
insured,
mailed
or
delivered
to
the
insurer
not
less
1
than
thirty
calendar
days
prior
to
the
expiration
date
of
the
2
policy,
the
insurer
will
state
the
reason
for
nonrenewal.
3
2.
When
the
reason
does
not
accompany
the
notice
of
intent
4
not
to
renew,
the
insurer
shall,
upon
receipt
of
a
timely
5
request
by
the
named
insured,
state
in
writing
the
reason
6
for
nonrenewal,
together
with
notification
of
the
right
to
a
7
hearing
before
the
commissioner
within
fifteen
calendar
days
8
as
provided
herein.
A
statement
of
reason
shall
be
mailed
or
9
delivered
to
the
named
insured
within
ten
days
after
receipt
10
of
a
request.
11
3.
This
section
shall
not
apply:
12
a.
If
the
insurer
has
manifested
its
willingness
to
renew.
13
b.
If
the
insured
fails
to
pay
any
premium
due
or
any
14
advance
premium
required
by
the
insurer
for
renewal.
15
c.
If
the
insured
is
transferred
from
an
insurer
to
16
an
affiliate
for
future
coverage
as
a
result
of
a
merger,
17
acquisition,
or
company
restructuring
and
if
the
transfer
18
results
in
the
same
or
broader
coverage.
19
Sec.
35.
Section
515D.10,
Code
2021,
is
amended
to
read
as
20
follows:
21
515D.10
Hearing
before
commissioner.
22
Any
named
insured
who
has
received
a
statement
of
reason
23
for
cancellation,
or
of
reason
for
an
insurer’s
intent
not
24
to
renew
a
policy,
may,
within
fifteen
calendar
days
of
the
25
receipt
or
delivery
of
a
statement
of
reason,
request
a
hearing
26
before
the
commissioner
of
insurance.
The
purpose
of
this
27
hearing
shall
be
limited
to
establishing
the
existence
of
the
28
proof
or
evidence
used
stated
by
the
insurer
in
as
its
reason
29
for
cancellation
or
intent
not
to
renew.
The
burden
of
proof
30
of
the
reason
for
cancellation
or
intent
not
to
renew
shall
31
be
upon
the
insurer.
Other
than
the
sharing
of
information
32
required
by
this
chapter
and
the
rules
adopted
pursuant
to
33
the
provisions
of
this
chapter
,
the
commissioner
shall
keep
34
confidential
the
information
obtained
from
the
insured
or
in
35
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the
hearing
process,
pursuant
to
section
505.8,
subsection
8
.
1
The
commissioner
of
insurance
shall
adopt
rules
for
carrying
2
out
pursuant
to
chapter
17A
to
implement
the
provisions
of
this
3
section
.
4
Sec.
36.
Section
515F.2,
Code
2021,
is
amended
by
adding
the
5
following
new
unnumbered
paragraph:
6
NEW
UNNUMBERED
PARAGRAPH
.
As
used
in
this
chapter,
unless
7
the
context
otherwise
requires:
8
Sec.
37.
Section
515F.2,
Code
2021,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
2A.
“Commissioner”
means
the
commissioner
11
of
insurance.
12
Sec.
38.
Section
515F.8,
subsection
3,
paragraph
a,
Code
13
2021,
is
amended
by
adding
the
following
new
subparagraph:
14
NEW
SUBPARAGRAPH
.
(7)
A
license
fee
as
established
by
the
15
commissioner
by
rule.
16
Sec.
39.
Section
515F.8,
subsection
3,
paragraph
d,
Code
17
2021,
is
amended
to
read
as
follows:
18
d.
Duration.
A
license
issued
under
this
section
shall
19
remain
in
effect
for
one
year
three
years
unless
the
license
20
is
suspended
or
revoked.
The
commissioner
may,
at
any
time
21
after
hearing,
revoke
or
suspend
the
license
of
an
advisory
22
organization
which
does
not
comply
with
the
requirements
and
23
standards
of
this
chapter
.
24
Sec.
40.
Section
515F.32,
Code
2021,
is
amended
by
adding
25
the
following
new
unnumbered
paragraph:
26
NEW
UNNUMBERED
PARAGRAPH
.
As
used
in
this
subchapter,
27
unless
the
context
otherwise
requires:
28
Sec.
41.
Section
515F.32,
subsection
3,
Code
2021,
is
29
amended
to
read
as
follows:
30
3.
“Insurer”
includes
all
companies
or
associations
licensed
31
to
transact
insurance
business
in
this
state
under
chapters
32
515
,
518
,
and
518A
,
reciprocal
insurers
issued
a
certificate
33
of
authority
pursuant
to
chapter
520,
and
companies
or
34
associations
admitted
or
seeking
to
be
admitted
to
do
business
35
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in
this
state
under
any
of
those
chapters,
notwithstanding
any
1
provision
of
the
Code
to
the
contrary.
2
Sec.
42.
Section
515F.36,
subsection
2,
paragraph
a,
3
subparagraphs
(1)
and
(2),
Code
2021,
are
amended
to
read
as
4
follows:
5
(1)
American
property
casualty
insurance
association.
6
(2)
Property
casualty
insurers
association
of
America
7
National
association
of
mutual
insurance
companies
.
8
Sec.
43.
NEW
SECTION
.
515F.39
Cancellation
or
nonrenewal
9
——
FAIR
notice.
10
If
basic
property
insurance
coverage
is
canceled
or
not
11
renewed
other
than
for
nonpayment
of
a
premium
pursuant
to
12
section
515.125,
515.126,
515.127,
515.128,
518.23,
or
518A.29,
13
the
insurer
shall
notify
the
named
insured
that
the
named
14
insured
may
be
eligible
for
basic
property
insurance
through
15
the
FAIR
plan.
The
notice
shall
accompany
the
notice
of
16
cancellation
or
the
intent
not
to
renew.
17
Sec.
44.
Section
515I.4,
subsection
1,
paragraph
a,
Code
18
2021,
is
amended
to
read
as
follows:
19
a.
Capital
and
surplus
or
its
equivalent
under
the
laws
of
20
the
insurer’s
domiciliary
jurisdiction
which
equals
the
greater
21
of
either
greatest
of
the
following:
22
(1)
The
minimum
capital
and
surplus
requirements
under
the
23
laws
of
this
state.
24
(2)
Fifteen
million
dollars.
25
(3)
The
risk-based
capital
level
requirements
pursuant
to
26
chapter
521E.
27
Sec.
45.
Section
520.12,
subsection
2,
Code
2021,
is
amended
28
to
read
as
follows:
29
2.
A
reciprocal
or
interinsurance
insurer
shall
submit
30
annually,
on
or
before
March
1,
a
completed
application
for
31
renewal
of
the
insurer’s
certificate
of
authority.
An
insurer
32
that
fails
to
timely
file
an
application
for
renewal
shall
pay
33
an
administrative
fee
of
five
hundred
dollars
to
the
treasurer
34
of
state
for
deposit
as
provided
in
section
505.7
to
the
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commissioner
of
insurance
as
established
by
the
commissioner
of
1
insurance
by
rule
.
2
Sec.
46.
Section
521.18,
Code
2021,
is
amended
to
read
as
3
follows:
4
521.18
Articles
of
merger
or
consolidation
——
filing
fees
5
and
approval.
6
A
company
filing
a
plan
to
merge
or
consolidate
under
the
7
provisions
of
this
chapter
shall
file
its
articles
of
merger
8
or
consolidation
with
the
commission
for
its
approval.
The
9
fee
for
filing
articles
of
merger
or
consolidation
with
10
the
commission
is
fifty
dollars
shall
be
established
by
the
11
commissioner
by
rule
.
12
Sec.
47.
Section
522.9,
subsection
1,
Code
2021,
is
amended
13
to
read
as
follows:
14
1.
If
an
insurer
fails,
without
just
cause,
to
file
an
15
own
risk
and
solvency
assessment
summary
report
by
the
filing
16
date
stipulated
to
the
commissioner
pursuant
to
section
522.5,
17
subsection
1
,
paragraph
“c”
,
the
commissioner
shall,
after
18
notice
and
hearing,
impose
a
penalty
of
five
hundred
dollars
19
for
each
calendar
day
after
the
stipulated
date
that
the
20
summary
report
is
not
filed.
The
penalties
shall
be
collected
21
by
the
commissioner
and
deposited
in
the
general
fund
of
the
22
state
pursuant
to
section
505.7
.
The
maximum
penalty
which
may
23
be
imposed
under
this
section
is
fifty
thousand
dollars.
24
Sec.
48.
Section
522A.5,
Code
2021,
is
amended
to
read
as
25
follows:
26
522A.5
Fees
Counter
employee
——
license
fee
.
27
The
fee
for
a
counter
employee
license
shall
be
fifty
dollars
28
per
counter
employee
established
by
the
commissioner
by
rule
.
29
In
no
case
shall
any
combined
fees
exceed
one
thousand
dollars
30
in
any
calendar
year
for
any
one
rental
company
or
limited
31
license
or
licensee
or
renewal
license.
The
fees
collected
32
under
this
section
shall
be
deposited
as
provided
in
section
33
505.7
.
34
Sec.
49.
Section
522B.5,
subsection
1,
paragraph
c,
Code
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2021,
is
amended
to
read
as
follows:
1
c.
The
individual
has
paid
the
license
fee
of
fifty
dollars
2
established
by
the
commissioner
by
rule
.
3
Sec.
50.
Section
522E.4,
subsection
1,
paragraph
c,
Code
4
2021,
is
amended
to
read
as
follows:
5
c.
An
application
fee
of
the
lesser
of
fifty
dollars
per
6
each
endorsee
at
a
location
of
the
vendor
or
five
hundred
7
dollars
per
location
valid
for
a
three-year
period
and,
for
8
each
three-year
period
thereafter,
a
renewal
fee
in
the
same
9
amount.
A
maximum
fee
of
five
thousand
dollars
shall
apply
10
for
licensure
of
a
portable
electronics
vendor
with
multiple
11
locations
established
by
the
commissioner
by
rule
.
The
fees
12
collected
shall
be
deposited
as
provided
in
section
505.7
.
13
DIVISION
III
14
CEMETERY
AND
FUNERAL
MERCHANDISE
AND
FUNERAL
SALES
15
Sec.
51.
Section
523A.204,
subsections
1
and
2,
Code
2021,
16
are
amended
to
read
as
follows:
17
1.
A
preneed
seller
shall
file
an
annual
report
with
the
18
commissioner
not
later
than
April
1
of
each
year
an
annual
19
report
15
on
a
form
prescribed
by
the
commissioner.
20
2.
A
preneed
seller
filing
an
annual
report
shall
pay
a
21
filing
fee
of
ten
dollars
established
by
the
commissioner
by
22
rule
per
purchase
agreement
sold
during
the
year
covered
by
23
the
report.
Duplicate
filing
fees
are
not
required
for
the
24
same
purchase
agreement.
If
a
purchase
agreement
has
multiple
25
sellers,
the
filing
fee
shall
be
paid
by
the
preneed
seller
26
actually
providing
the
merchandise
and
services.
27
Sec.
52.
Section
523A.204,
Code
2021,
is
amended
by
adding
28
the
following
new
subsection:
29
NEW
SUBSECTION
.
4.
The
commissioner
may
impose
a
late
30
fee,
established
by
the
commissioner
by
rule,
for
each
day
31
after
April
15
that
a
preneed
seller
fails
to
file
the
preneed
32
seller’s
annual
report.
The
maximum
late
fee
that
may
be
33
imposed
under
this
subsection
is
five
hundred
dollars.
The
fee
34
shall
be
collected
by
the
commissioner
and
deposited
pursuant
35
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to
section
505.7.
1
Sec.
53.
Section
523A.501,
subsections
7
and
8,
Code
2021,
2
are
amended
to
read
as
follows:
3
7.
A
preneed
seller’s
license
expires
shall
expire
annually
4
on
April
15
30
.
If
the
a
preneed
seller
has
filed
a
complete
5
an
annual
report
pursuant
to
section
523A.204,
subsection
1,
6
and
paid
the
required
fees
as
required
in
section
523A.204
,
the
7
commissioner
shall
renew
the
preneed
seller’s
license
until
8
April
15
30
of
the
following
year.
9
8.
The
commissioner
may
by
rule
create
or
accept
a
10
multijurisdiction
preneed
seller’s
license.
If
the
preneed
11
seller’s
license
is
issued
by
another
jurisdiction,
the
rules
12
shall
require
the
filing
of
an
application
or
notice
form
and
13
payment
of
the
applicable
filing
fee
of
fifty
dollars
for
an
14
application
established
by
the
commissioner
by
rule
.
The
15
application
or
notice
form
utilized
and
the
effective
dates
and
16
terms
of
the
license
may
vary
from
the
provisions
set
forth
in
17
this
section
.
18
Sec.
54.
Section
523A.502,
subsection
5,
Code
2021,
is
19
amended
to
read
as
follows:
20
5.
A
sales
license
shall
expire
annually
on
April
15
30
.
If
21
the
a
sales
agent
has
filed
a
substantially
complete
an
annual
22
report
as
required
in
pursuant
to
section
523A.502A
,
subsection
23
1,
and
has
fulfilled
the
continuing
education
requirements
24
pursuant
to
subsection
6,
the
commissioner
shall
renew
the
25
sales
agent’s
sales
license
until
April
15
30
of
the
following
26
year.
27
Sec.
55.
Section
523A.502A,
subsection
1,
Code
2021,
is
28
amended
to
read
as
follows:
29
1.
A
No
later
than
April
15,
a
sales
agent
shall
file
an
30
annual
report
with
the
commissioner
not
later
than
April
1
31
of
each
year
an
annual
report
on
a
form
prescribed
by
the
32
commissioner
describing
each
purchase
agreement
sold
by
the
33
sales
agent
during
the
year.
An
annual
report
must
be
filed
34
whether
or
not
sales
were
made
a
sales
agent
sold
any
purchase
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agreements
during
the
year
and
even
if
the
whether
or
not
a
1
sales
agent
is
no
longer
still
an
agent
of
a
preneed
seller
or
2
is
still
licensed
by
the
commissioner.
3
Sec.
56.
Section
523A.502A,
Code
2021,
is
amended
by
adding
4
the
following
new
subsection:
5
NEW
SUBSECTION
.
3.
The
commissioner
may
impose
a
late
fee,
6
established
by
the
commissioner
by
rule,
for
each
day
after
7
April
15
that
a
sales
agent
fails
to
file
the
sales
agent’s
8
annual
report.
The
maximum
late
fee
that
may
be
imposed
9
pursuant
to
this
section
is
five
hundred
dollars.
The
fee
10
shall
be
collected
by
the
commissioner
and
deposited
pursuant
11
to
section
505.7.
12
Sec.
57.
Section
523A.601,
subsection
4,
Code
2021,
is
13
amended
by
striking
the
subsection
and
inserting
in
lieu
14
thereof
the
following:
15
4.
All
purchase
agreements,
including
a
purchase
agreement
16
delivered
or
executed
by
electronic
means,
must
have
a
sales
17
agent
identified.
A
purchase
agreement,
including
a
purchase
18
agreement
delivered
or
executed
by
electronic
means,
shall
19
be
reviewed
by
the
sales
agent
identified
and
named
in
the
20
purchase
agreement
pursuant
to
subsection
1,
paragraph
“a”
,
and
21
signed
by
the
purchaser
and
seller.
If
the
purchase
agreement
22
is
for
mortuary
science
services
as
“mortuary
science”
is
23
defined
in
section
156.1,
the
purchase
agreement
must
also
be
24
signed
by
a
person
licensed
to
deliver
funeral
services.
25
Sec.
58.
Section
523A.807,
subsection
3,
unnumbered
26
paragraph
1,
Code
2021,
is
amended
to
read
as
follows:
27
If
the
commissioner
finds
that
a
person
has
violated
section
28
523A.201
,
523A.202
,
523A.203
,
523A.204,
523A.207
,
523A.401
,
29
523A.402
,
523A.403
,
523A.404
,
523A.405
,
523A.501
,
or
523A.502
,
30
or
523A.502A,
or
any
rule
adopted
pursuant
thereto,
the
31
commissioner
may
order
any
or
all
of
the
following:
32
Sec.
59.
Section
523A.812,
Code
2021,
is
amended
to
read
as
33
follows:
34
523A.812
Insurance
division
regulatory
fund.
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The
insurance
division
may
authorize
the
creation
of
a
1
special
revenue
fund
in
the
state
treasury,
to
be
known
as
the
2
insurance
division
regulatory
fund.
The
commissioner
shall
3
allocate
annually
from
the
filing
fees
paid
pursuant
to
section
4
523A.204
,
two
dollars
an
amount
established
by
the
commissioner
5
by
rule
for
each
purchase
agreement
reported
on
a
preneed
6
seller’s
annual
report
filed
pursuant
to
section
523A.204
for
7
deposit
to
the
regulatory
fund.
The
remainder
of
the
fees
8
collected
pursuant
to
section
523A.204
shall
be
deposited
9
as
provided
in
section
505.7
.
The
commissioner
shall
also
10
allocate
annually
the
examination
fees
paid
pursuant
to
section
11
523A.814
and
any
examination
expense
reimbursement
for
deposit
12
to
the
regulatory
fund.
The
moneys
in
the
regulatory
fund
13
shall
be
retained
in
the
fund.
The
moneys
are
appropriated
14
and,
subject
to
authorization
by
the
commissioner,
may
be
used
15
to
pay
examiners,
examination
expenses,
investigative
expenses,
16
the
expenses
of
mediation
ordered
by
the
commissioner,
consumer
17
education
expenses,
the
expenses
of
a
toll-free
telephone
18
line
to
receive
consumer
complaints,
and
the
expenses
of
19
receiverships
established
under
section
523A.811
.
If
the
20
commissioner
determines
that
funding
is
not
otherwise
available
21
to
reimburse
the
expenses
of
a
person
who
receives
title
22
to
a
cemetery
subject
to
chapter
523I
,
pursuant
to
such
23
a
receivership,
the
commissioner
shall
use
moneys
in
the
24
regulatory
fund
as
necessary
to
preserve,
protect,
restore,
25
and
maintain
the
physical
integrity
of
that
cemetery
and
to
26
satisfy
claims
or
demands
for
cemetery
merchandise,
funeral
27
merchandise,
and
funeral
services
based
on
purchase
agreements
28
which
the
commissioner
determines
are
just
and
outstanding.
29
An
annual
allocation
to
the
regulatory
fund
shall
not
be
30
imposed
if
the
current
balance
of
the
fund
exceeds
five
hundred
31
thousand
dollars.
32
Sec.
60.
Section
523A.814,
Code
2021,
is
amended
to
read
as
33
follows:
34
523A.814
Examination
fee.
35
-35-
HF
838
(2)
89
ko/rn/md
35/
44
H.F.
838
In
addition
to
the
filing
fee
paid
pursuant
to
section
1
523A.204,
subsection
2
,
a
seller
filing
an
annual
report
2
shall
pay
an
examination
fee
in
the
amount
of
five
dollars
3
established
by
the
commissioner
by
rule
for
each
purchase
4
agreement
subject
to
a
filing
fee
that
is
sold
between
July
1,
5
2005,
and
December
31,
2007,
and
in
the
amount
of
ten
dollars
6
for
each
purchase
agreement
subject
to
a
filing
fee
that
is
7
sold
after
December
31,
2007
.
8
DIVISION
IV
9
RESIDENTIAL
AND
MOTOR
VEHICLE
SERVICE
CONTRACTS
10
Sec.
61.
Section
523C.3,
subsection
2,
Code
2021,
is
amended
11
to
read
as
follows:
12
2.
The
application
shall
be
accompanied
by
all
of
the
13
following:
14
a.
A
license
fee
in
the
amount
of
five
hundred
dollars
15
established
by
the
commissioner
by
rule
.
16
b.
If
applicable,
a
fee
in
the
amount
of
fifty
dollars
17
established
by
the
commissioner
by
rule
for
each
motor
vehicle
18
service
contract
form
submitted
in
an
application
as
provided
19
in
subsection
1
,
paragraph
“f”
.
20
Sec.
62.
Section
523C.4,
subsection
3,
paragraphs
a,
b,
and
21
c,
Code
2021,
are
amended
to
read
as
follows:
22
a.
A
license
renewal
fee
in
the
amount
of
five
hundred
23
dollars
established
by
the
commissioner
by
rule
.
24
b.
If
applicable,
a
fee
in
the
amount
of
three
percent
25
percentage
established
by
the
commissioner
by
rule
of
the
26
aggregate
amount
of
payments
the
licensee
received
for
the
sale
27
or
issuance
of
residential
service
contracts
in
this
state
28
during
the
preceding
fiscal
year
,
provided
that
such
fee
shall
29
be
no
less
than
one
hundred
dollars
and
no
greater
than
fifty
30
thousand
dollars
.
31
c.
If
applicable,
a
fee
in
the
amount
of
fifty
dollars
32
established
by
the
commissioner
by
rule
for
each
motor
33
vehicle
service
contract
form
submitted
in
a
with
the
renewal
34
application
pursuant
to
subsection
2,
and
as
provided
in
35
-36-
HF
838
(2)
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44
H.F.
838
section
523C.3,
subsection
1
,
paragraph
“f”
.
1
Sec.
63.
Section
523C.24,
subsection
2,
Code
2021,
is
2
amended
to
read
as
follows:
3
2.
The
commissioner
shall
deposit
in
the
service
company
4
oversight
fund
an
amount
equal
to
one-third
of
all
licensing,
5
examination,
renewal,
and
inspection
fees
collected
under
this
6
chapter
,
provided
that
the
maximum
amount
of
fees
deposited
7
in
the
fund
each
fiscal
year
shall
not
exceed
five
hundred
8
thousand
dollars
an
amount
established
by
the
commissioner
by
9
rule
.
Any
remaining
fees
collected
under
this
chapter
and
10
not
deposited
in
the
service
company
oversight
fund
shall
be
11
deposited
as
provided
in
section
505.7
.
12
DIVISION
V
13
RETIREMENT
FACILITIES
14
Sec.
64.
Section
523D.2A,
unnumbered
paragraph
1,
Code
15
2021,
is
amended
to
read
as
follows:
16
On
or
before
March
1
of
each
year,
a
provider
shall
17
file
a
certification
with
the
commissioner
in
a
manner
and
18
according
to
in
compliance
with
requirements
established
by
the
19
commissioner
by
rule
.
The
certification
shall
be
accompanied
20
by
a
one
hundred
dollar
administrative
fee
which
fee
in
an
21
amount
established
by
the
commissioner
by
rule
and
shall
be
22
deposited
as
provided
in
section
505.7
.
The
certification
23
shall
attest
that
according
to
the
best
knowledge
and
belief
of
24
the
attesting
party,
the
facility
administered
by
the
provider
25
is
in
compliance
with
the
provisions
of
this
chapter
,
including
26
rules
adopted
by
the
commissioner
or
and
orders
issued
by
the
27
commissioner
as
authorized
under
this
chapter
.
The
attesting
28
person
may
be
any
of
the
following:
29
DIVISION
VI
30
IOWA
CEMETERY
ACT
31
Sec.
65.
Section
523I.102,
subsection
6,
Code
2021,
is
32
amended
by
adding
the
following
new
paragraph:
33
NEW
PARAGRAPH
.
d.
A
cemetery
under
the
jurisdiction
and
34
control
of
a
cemetery
commission
pursuant
to
section
331.325,
35
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838
(2)
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44
H.F.
838
subsection
3,
paragraph
“c”
.
1
Sec.
66.
Section
523I.213,
Code
2021,
is
amended
to
read
as
2
follows:
3
523I.213
Insurance
division’s
enforcement
fund.
4
A
special
revenue
fund
in
the
state
treasury,
to
be
known
as
5
the
insurance
division’s
enforcement
fund,
is
created
under
the
6
authority
of
the
commissioner.
The
commissioner
shall
allocate
7
annually
from
the
examination
fees
paid
pursuant
to
section
8
523I.808
,
an
amount
not
exceeding
fifty
thousand
dollars,
for
9
deposit
to
all
examination
fees
collected
pursuant
to
section
10
523I.808
in
the
insurance
division’s
enforcement
fund.
The
11
moneys
in
the
enforcement
fund
shall
be
retained
in
the
fund.
12
The
moneys
are
appropriated
and,
subject
to
authorization
by
13
the
commissioner,
shall
be
used
to
pay
examiners,
examination
14
expenses,
investigative
expenses,
the
expenses
of
consumer
15
education,
compliance,
and
education
programs
for
filers
and
16
other
regulated
persons,
and
educational
or
compliance
program
17
materials,
the
expenses
of
a
toll-free
telephone
line
for
18
consumer
complaints,
and
the
expenses
of
receiverships
of
19
perpetual
care
cemeteries
established
under
section
523I.212
.
20
Sec.
67.
Section
523I.301,
subsections
1
and
2,
Code
2021,
21
are
amended
to
read
as
follows:
22
1.
A
cemetery
shall
disclose,
prior
to
the
sale
of
interment
23
rights,
whether
opening
and
closing
of
the
interment
space
is
24
services
are
included
in
the
purchase
of
the
interment
rights.
25
If
opening
and
closing
services
are
not
included
in
the
sale
of
26
interment
rights
and
the
cemetery
offers
opening
and
closing
27
services,
the
cemetery
must
disclose
that
the
price
for
this
28
service
opening
and
closing
services
is
subject
to
change
29
and
must
disclose
the
current
prices
for
opening
and
closing
30
services
provided
by
the
cemetery.
31
2.
The
cemetery
shall
fully
disclose
all
fees
required
for
32
interment,
entombment,
or
inurnment
,
or
disinterment
of
human
33
remains.
34
Sec.
68.
Section
523I.309,
subsection
6,
Code
2021,
is
35
-38-
HF
838
(2)
89
ko/rn/md
38/
44
H.F.
838
amended
to
read
as
follows:
1
6.
A
cemetery
may
shall
disinter
and
relocate
remains
2
interred
in
the
cemetery
for
the
purpose
of
correcting
an
error
3
made
by
the
cemetery
after
obtaining
a
disinterment
permit
4
as
required
by
section
144.34
,
unless
the
interested
parties
5
have
a
written
agreement
directing
otherwise.
The
cemetery
6
shall
bear
the
costs
of
the
disinterment
and
relocation
.
The
7
cemetery
shall
provide
written
notice
describing
the
error
8
to
the
commissioner
and
to
the
person
who
has
the
right
to
9
control
the
interment,
relocation,
or
disinterment
of
the
10
remains
erroneously
interred,
by
restricted
certified
mail
at
11
the
person’s
last
known
address
and
sixty
days
prior
to
the
12
disinterment.
The
notice
shall
include
the
location
where
the
13
disinterment
will
occur
and
the
location
of
the
new
interment
14
space.
A
cemetery
is
not
civilly
or
criminally
liable
for
an
15
erroneously
made
interment
that
is
corrected
in
compliance
16
with
this
subsection
unless
the
error
was
the
result
of
gross
17
negligence
or
intentional
misconduct.
18
Sec.
69.
Section
523I.808,
Code
2021,
is
amended
to
read
as
19
follows:
20
523I.808
Examination
Annual
report
——
examination
fee.
21
An
examination
fee
,
established
by
the
commissioner
by
rule,
22
for
each
certificate
of
internment
rights
issued
during
the
23
time
period
covered
by
the
report
shall
be
submitted
with
the
a
24
perpetual
care
cemetery’s
annual
report
in
an
amount
equal
to
25
five
dollars
for
each
certificate
of
interment
rights
issued
26
during
the
time
period
covered
by
the
report
filed
pursuant
to
27
section
523I.813
.
The
cemetery
may
charge
the
examination
fee
28
directly
to
the
purchaser
of
the
interment
rights.
29
Sec.
70.
Section
523I.813,
subsection
3,
Code
2021,
is
30
amended
by
striking
the
subsection
and
inserting
in
lieu
31
thereof
the
following:
32
3.
The
commissioner
may
assess
a
late
fee,
established
33
by
the
commissioner
by
rule,
for
each
day
after
the
date
on
34
which
a
perpetual
care
cemetery’s
annual
report
is
due
that
the
35
-39-
HF
838
(2)
89
ko/rn/md
39/
44
H.F.
838
perpetual
care
cemetery
fails
to
file
the
report.
The
late
fee
1
shall
be
collected
by
the
commissioner
and
deposited
pursuant
2
to
section
505.7.
3
DIVISION
VII
4
STATE
INNOVATION
WAIVER
5
Sec.
71.
NEW
SECTION
.
505.18A
State
innovation
waivers.
6
1.
The
commissioner
of
insurance
may
develop
by
rule
7
a
state
innovation
waiver
pursuant
to
section
1332
of
the
8
federal
Patient
Protection
and
Affordable
Care
Act,
Pub.
L.
No.
9
111-148.
10
2.
The
commissioner
of
insurance
may
submit
an
application
11
on
behalf
of
the
state
to
the
United
States
secretary
of
health
12
and
human
services
and
the
United
States
secretary
of
the
13
treasury
for
the
state
innovation
waiver
developed
pursuant
to
14
subsection
1.
15
3.
If
a
state
innovation
waiver
submitted
pursuant
to
16
subsection
2
is
approved
by
the
United
States
secretary
of
17
health
and
human
services
and
the
United
States
secretary
of
18
the
treasury,
the
commissioner
of
insurance
may
implement
the
19
state
innovation
waiver
in
a
manner
consistent
with
applicable
20
state
and
federal
law.
21
4.
The
commissioner
of
insurance
may
adopt
emergency
22
rules
under
section
17A.4,
subsection
3,
and
section
17A.5,
23
subsection
2,
paragraph
“b”
,
to
implement
the
provisions
of
24
this
section
and
the
rules
shall
be
effective
immediately
upon
25
filing
unless
a
later
date
is
specified
in
the
rules.
Any
26
rules
adopted
in
accordance
with
this
section
shall
also
be
27
published
as
a
notice
of
intended
action
as
provided
in
section
28
17A.4.
29
DIVISION
VIII
30
STUDY
COMMITTEE
——
HEALTH
INSURANCE
MANDATES
31
Sec.
72.
HEALTH
INSURANCE
MANDATES
——
STUDY.
32
1.
The
legislative
council
is
requested
to
establish
a
33
study
committee
to
meet
during
the
2021
legislative
interim
to
34
accomplish
the
following:
35
-40-
HF
838
(2)
89
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44
H.F.
838
a.
Identify
each
health
insurance
mandate
contained
in
1
chapter
514C,
and
in
any
other
provision
of
the
2021
Iowa
Code,
2
and
identify
all
of
the
following:
3
(1)
The
specific
health
insurance
coverage
required
to
be
4
provided
by
each
health
insurance
mandate.
5
(2)
Each
class
of
contract,
policy,
plan,
and
agreement
6
that
provides
for
third-party
payment
or
prepayment
of
health
7
or
medical
expenses
that
is
subject
to
each
health
insurance
8
mandate.
9
(3)
Each
class
of
contract,
policy,
plan,
and
agreement
that
10
provides
for
third-party
payment
or
prepayment
of
health
or
11
medical
expenses
that
is
excluded
from
each
health
insurance
12
mandate.
13
(4)
Each
type
of
health
carrier
that
is
subject
to
each
14
health
insurance
mandate.
For
purposes
of
this
section,
15
"health
carrier"
means
an
entity
subject
to
the
insurance
laws
16
and
regulations
of
this
state,
or
subject
to
the
jurisdiction
17
of
the
insurance
commissioner,
including
an
insurance
company
18
offering
sickness
and
accident
plans,
a
health
maintenance
19
organization,
a
nonprofit
health
service
corporation,
a
plan
20
established
pursuant
to
chapter
509A
for
public
employees,
or
21
any
other
entity
providing
a
plan
of
health
insurance,
health
22
care
benefits,
or
health
care
services.
"Health
carrier"
23
includes
the
department
of
human
services,
or
a
managed
care
24
organization
acting
pursuant
to
a
contract
with
the
department
25
of
human
services
to
administer
the
medical
assistance
program
26
under
chapter
249A
or
the
healthy
and
well
kids
in
Iowa
27
(hawk-i)
program
under
chapter
514I.
28
(5)
Each
type
of
health
carrier
that
is
excluded
from
each
29
health
insurance
mandate.
30
b.
For
each
health
insurance
mandate
identified
in
31
paragraph
“a”,
analyze
all
of
the
following:
32
(1)
The
fiscal
impact
to
the
state.
33
(2)
The
fiscal
impact
to
each
health
carrier
subject
to
each
34
health
insurance
mandate.
35
-41-
HF
838
(2)
89
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44
H.F.
838
(3)
The
impact
to
the
premiums
for
individuals
covered
by
a
1
contract,
policy,
plan,
or
agreement
of
a
health
carrier
under
2
subparagraph
(2).
3
c.
For
a
possible
future
health
insurance
mandate
related
4
to
continuity
of
care
and
nonmedical
switching,
analyze
all
of
5
the
following:
6
(1)
The
potential
fiscal
impact
to
the
state.
7
(2)
The
potential
fiscal
impact
to
each
health
carrier
that
8
may
be
subject
to
the
health
insurance
mandate.
9
(3)
The
potential
impact
to
the
premiums
for
individuals
10
covered
by
a
contract,
policy,
plan,
or
agreement
of
a
health
11
carrier
under
subparagraph
(2).
12
d.
For
a
possible
future
health
insurance
mandate
related
to
13
the
diagnosis
and
treatment
of
infertility,
analyze
all
of
the
14
following:
15
(1)
The
potential
fiscal
impact
to
the
state.
16
(2)
The
potential
fiscal
impact
to
each
health
carrier
that
17
may
be
subject
to
the
health
insurance
mandate.
18
(3)
The
potential
impact
to
the
premiums
for
individuals
19
covered
by
a
contract,
policy,
plan,
or
agreement
of
a
health
20
carrier
under
subparagraph
(2).
21
e.
For
a
possible
future
health
insurance
mandate
related
22
to
pediatric
acute-onset
neuropsychiatric
syndrome
(PANS)
and
23
pediatric
autoimmune
neuropsychiatric
disorders
associated
24
with
streptococcal
infections
(PANDAS),
analyze
all
of
the
25
following:
26
(1)
The
potential
fiscal
impact
to
the
state.
27
(2)
The
potential
fiscal
impact
to
each
health
carrier
that
28
may
be
subject
to
the
health
insurance
mandate.
29
(3)
The
potential
impact
to
the
premiums
for
individuals
30
covered
by
a
contract,
policy,
plan,
or
agreement
of
a
health
31
carrier
under
subparagraph
(2).
32
f.
For
a
possible
future
health
insurance
mandate
related
to
33
medically
necessary
food
and
low
protein
modified
food
product
34
for
individuals
with
certain
inherited
metabolic
disorders,
35
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H.F.
838
analyze
all
of
the
following:
1
(1)
The
potential
fiscal
impact
to
the
state.
2
(2)
The
potential
fiscal
impact
to
each
health
carrier
that
3
may
be
subject
to
the
health
insurance
mandate.
4
(3)
The
potential
impact
to
the
premiums
for
individuals
5
covered
by
a
contract,
policy,
plan,
or
agreement
of
a
health
6
carrier
under
subparagraph
(2).
7
g.
Identify
the
approximate
number
of
Iowa
residents
that
8
are
covered
by
each
of
the
following
types
of
insurance:
9
(1)
Individual
health
insurance.
10
(2)
Small
group
health
insurance.
11
(3)
Large
group
health
insurance.
12
(4)
The
medical
assistance
program
under
chapter
249A.
13
(5)
The
healthy
and
well
kids
in
Iowa
(hawk-i)
program
under
14
chapter
514I.
15
2.
The
study
committee
shall
have
no
more
than
fifteen
16
members
and
shall
be
composed
of
the
following
members:
17
a.
Two
members
of
the
senate,
one
to
be
appointed
by
the
18
president
of
the
senate
and
one
to
be
appointed
by
the
minority
19
leader
of
the
senate.
20
b.
Two
members
of
the
house
of
representatives,
one
to
be
21
appointed
by
the
speaker
of
the
house
of
representatives
and
22
one
to
be
appointed
by
the
minority
leader
of
the
house
of
23
representatives.
24
c.
The
director
of
the
insurance
division
of
the
department
25
of
commerce,
or
the
director’s
designee.
26
d.
The
director
of
the
department
of
human
services,
or
the
27
director’s
designee.
28
e.
The
consumer
advocate
of
the
consumer
advocate
bureau
of
29
the
insurance
division
of
the
department
of
commerce,
or
the
30
consumer
advocate’s
designee.
31
f.
At
least
one
representative
from
each
of
the
following:
32
(1)
One
or
more
trade
organizations
based
in
Iowa
whose
33
membership
is
comprised
of
independent
insurance
agents
that
34
sell
health
insurance.
35
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H.F.
838
(2)
One
or
more
health
insurance
trade
organizations
1
based
in
Iowa
whose
membership
is
comprised
of
companies
or
2
individuals
engaged
in
the
business
of
health
insurance.
3
3.
The
study
committee
shall
submit
a
report
with
its
4
findings
to
the
general
assembly
no
later
than
December
31,
5
2021.
The
report
shall
not
directly
or
indirectly
disclose
any
6
of
the
following:
7
a.
The
identity
of
a
specific
health
carrier.
8
b.
The
identity
of
a
specific
contract,
policy,
plan,
or
9
agreement
that
provides
for
third-party
payment
or
prepayment
10
of
health
or
medical
expenses.
11
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838
(2)
89
ko/rn/md
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44