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 Notwithstanding any other provision of this chapter , 17 the registration of the agent shall be effective until 18 withdrawn by the issuer or until the securities registered 19 pursuant to the registration statement have all been sold, 20 whichever occurs first.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 35 -1- HF 838 (2) 89 ko/rn/md 1/ 44
H.F. 838 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 35 -2- HF 838 (2) 89 ko/rn/md 2/ 44
H.F. 838 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 35 -3- HF 838 (2) 89 ko/rn/md 3/ 44
H.F. 838 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 35 -4- HF 838 (2) 89 ko/rn/md 4/ 44
H.F. 838 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. 35 -5- HF 838 (2) 89 ko/rn/md 5/ 44
H.F. 838 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 35 -6- HF 838 (2) 89 ko/rn/md 6/ 44
H.F. 838 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 -7- HF 838 (2) 89 ko/rn/md 7/ 44
H.F. 838 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 -8- HF 838 (2) 89 ko/rn/md 8/ 44
H.F. 838 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 -9- HF 838 (2) 89 ko/rn/md 9/ 44
H.F. 838 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 -10- HF 838 (2) 89 ko/rn/md 10/ 44
H.F. 838 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 -11- HF 838 (2) 89 ko/rn/md 11/ 44
H.F. 838 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 . 35 -12- HF 838 (2) 89 ko/rn/md 12/ 44
H.F. 838 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. 35 -13- HF 838 (2) 89 ko/rn/md 13/ 44
H.F. 838 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 -14- HF 838 (2) 89 ko/rn/md 14/ 44
H.F. 838 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 35 -15- HF 838 (2) 89 ko/rn/md 15/ 44
H.F. 838 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 -16- HF 838 (2) 89 ko/rn/md 16/ 44
H.F. 838 (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 . 35 -17- HF 838 (2) 89 ko/rn/md 17/ 44
H.F. 838 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 -18- HF 838 (2) 89 ko/rn/md 18/ 44
H.F. 838 (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 35 -19- HF 838 (2) 89 ko/rn/md 19/ 44
H.F. 838 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 -20- HF 838 (2) 89 ko/rn/md 20/ 44
H.F. 838 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 -28- HF 838 (2) 89 ko/rn/md 28/ 44
H.F. 838 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 -29- HF 838 (2) 89 ko/rn/md 29/ 44
H.F. 838 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 35 -30- HF 838 (2) 89 ko/rn/md 30/ 44
H.F. 838 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 35 -31- HF 838 (2) 89 ko/rn/md 31/ 44
H.F. 838 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 -32- HF 838 (2) 89 ko/rn/md 32/ 44
H.F. 838 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 35 -33- HF 838 (2) 89 ko/rn/md 33/ 44
H.F. 838 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. 35 -34- HF 838 (2) 89 ko/rn/md 34/ 44
H.F. 838 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) 89 ko/rn/md 36/ 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 -37- HF 838 (2) 89 ko/rn/md 37/ 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 ko/rn/md 40/ 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 ko/rn/md 41/ 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 -42- HF 838 (2) 89 ko/rn/md 42/ 44
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 -43- HF 838 (2) 89 ko/rn/md 43/ 44
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 -44- HF 838 (2) 89 ko/rn/md 44/ 44