Title 27, INSURANCE

Sec. 4. As used in this chapter, "insurer" means a company, a firm, a partnership, an entity, an association, an order, a society, or a system: (1) making any of the kinds of insurance; (2) entering into any of the kinds of contracts; or (3) providing any of the coverage; describ…

Sec. 5. In processing an application for health care services coverage or in determining insurability for health care services coverage, an insurer may not do any of the following: (1) Require an individual or any member of an individual's family seeking health care services cove…

Sec. 6. In developing and asking questions regarding the medical history of an applicant for health care services coverage, an insurer may not ask: (1) for the results of; or (2) questions designed to ascertain the results of; genetic screening or testing. As added by P.L.150-199…

Sec. 7. An insurer may not cancel, refuse to issue, refuse to renew, or refuse to enter into a contract for health care services coverage based on the results of genetic screening or testing. As added by P.L.150-1997, SEC.4.

Sec. 8. An insurer may not deliver, issue for delivery, renew, or execute a contract for health care services coverage in Indiana that: (1) limits benefits; or (2) establishes premiums; based on the results of genetic screening or testing. As added by P.L.150-1997, SEC.4.…

Sec. 9. An insurer may consider the results of genetic screening or testing if: (1) the results are voluntarily submitted by: (A) an applicant for; or (B) an individual seeking renewal of; health care services coverage; and (2) the results are favorable to the applicant or the in…

Sec. 1. (a) If the commissioner determines that: (1) the financial condition of a health maintenance organization is such that the continued operation of the organization might be hazardous to: (A) the subscribers, enrollees, or creditors of the organization; or (B) the general p…

Sec. 2. For purposes of section 1(a)(2) of this chapter, the violation by a health maintenance organization of any Indiana law to which the health maintenance organization is subject is considered a violation of this article. As added by P.L.26-1994, SEC.25.

Sec. 3. (a) The commissioner may adopt rules under IC 4-22-2 to do the following: (1) Set uniform standards and criteria to produce an early warning that the continued operation of a health maintenance organization might be hazardous to the subscribers, enrollees, or creditors of…

Sec. 4. The remedies and measures available to the commissioner under this chapter are in addition to and not in place of the remedies and measures available to the commissioner under IC 27-9. As added by P.L.26-1994, SEC.25.

Sec. 1. (a) The definitions set forth in this section apply throughout this chapter. (b) "Contract" refers to a contract between a public adjuster and an insured under which: (1) the public adjuster agrees to provide services for the insured in the adjustment of an insurance clai…

Sec. 1.5. A public adjuster shall not: (1) file an insurance claim with: (A) an insurer; or (B) an agent, employee, or representative of an insurer; on behalf of an insured person; (2) act in any manner in relation to claims for personal injury or automobile liability; (3) bind t…

Sec. 10. A resident certificate of authority issued to a person claiming residency is void if that person: (1) holds a resident certificate of authority issued by another state; (2) makes application for a resident certificate of authority from another state; or (3) ceases to be …

Sec. 11. (a) A person who adjusts an insurance loss without having obtained the required certificate of authority or who adjusts an insurance loss after his certificate of authority has been cancelled, suspended, or revoked by the commissioner of insurance commits a Class B infra…

Sec. 12. (a) Before entering into a contract with an insured, a public adjuster shall provide to the insured a written disclosure concerning any direct or indirect financial interest that the public adjuster has with any other party that is or will be involved in any aspect of th…

Sec. 13. (a) A public adjuster shall not provide services, other than emergency services, to an insured until: (1) a written contract between the public adjuster and the insured has been executed; and (2) an exact copy of the contract has been provided to: (A) the insurer with wh…

Sec. 14. (a) Before an insured enters into a contract with a public adjuster, the public adjuster shall provide to the insured a separate signed and dated disclosure document that states the following: "Property insurance policies obligate the insured to present a claim to his or…

Sec. 15. A contract between a public adjuster and an insured may not contain any of the following: (1) If the public adjuster is to receive as compensation a percentage of the total amount paid by the insurer to resolve the insured's claim, a contract term that would: (A) allow t…

Sec. 16. (a) A public adjuster shall ensure that a contract between the public adjuster and an insured is in writing and contains the following: (1) The legible full name of the public adjuster entering into the contract, as specified in the records of the department. (2) The per…

Sec. 17. The following apply to a contract between an insured and a public adjuster: (1) An insured is not required to hire a public adjuster to help the insured meet the insured's obligations under a policy, but has a right to do so. (2) The public adjuster is not a representati…

Sec. 18. (a) This section applies notwithstanding the terms of a written contract between an insured and a public adjuster. (b) If the insurer, not more than five (5) business days after the date on which the insured's loss is reported to the insurer, either pays or commits in wr…

Sec. 19. (a) A contract between a public adjuster and an insured is voidable at the option of the insured at any time not more than three (3) business days after the day on which the insurer is provided a copy of the contract under section 13(a)(2) of this chapter. (b) An insured…

Sec. 2. (a) No individual or corporation shall act within Indiana as a public adjuster, or receive, directly or indirectly, compensation or reward for services rendered in the adjustment of any claim or claims under the types of insurance policies set forth in section 1(g) of thi…

Sec. 20. (a) An insured may rescind a contract between the insured and a public adjuster at any time not more than three (3) business days after the day on which the insured submits to the insurer the claim to which the contract relates. (b) An insured may rescind a contract with…

Sec. 3. (a) The commissioner of insurance shall issue resident and nonresident public adjusters' certificates of authority to each person who: (1) has complied with the requirements of this chapter, including the payment of fees, the completion of the examination, and, in the cas…

Sec. 4. (a) Each applicant for a certificate of authority as a public adjuster shall file with the commissioner of insurance an application therefor on forms furnished by the commissioner of insurance, which application shall set forth: (1) the name and address of the applicant, …

Sec. 5. (a) The commissioner may not issue a certificate of authority to a nonresident applicant until that nonresident files with the commissioner, in a form prescribed by the commissioner, a designation of an individual resident of Indiana, a corporate resident of Indiana, or a…

Sec. 6. (a) The commissioner of insurance shall, in order to determine the competency of an applicant for a certificate of authority to act as a public adjuster, require such applicant to submit to a written examination, except such applicants who shall be entitled to such certif…

Sec. 7.1. (a) The insurance commissioner: (1) may: (A) suspend; (B) revoke; or (C) refuse to issue or renew; a public adjuster's certificate of authority; or (2) may place a public adjuster on probation; for a cause set forth in subsection (b). (b) A public adjuster is subject to…

Sec. 7.2. (a) Notwithstanding any other provision of this chapter, a nonresident public adjuster who receives a certificate of authority under this chapter shall maintain licensure as a public adjuster in good standing in the nonresident public adjuster's home state. (b) If a non…

Sec. 8. The commissioner of insurance shall, in the manner prescribed by IC 4-22-2, adopt standards for the competent practice of public adjusting appropriate to establish and maintain a high standard of integrity and dignity in the profession of public adjusting. As added by P.L…

Sec. 9. A public adjuster may not: (1) engage in the practice of law; (2) deal directly with any claimant represented by an attorney at law without the consent of the attorney; (3) advise a claimant to refrain from seeking legal advice or retaining counsel; or (4) in the case whe…

Sec. 1. This chapter applies after June 30, 2021. As added by P.L.130-2020, SEC.10.

Sec. 10. (a) As used in this chapter, "licensee" means a person that is: (1) licensed, authorized to operate, or registered; or (2) required to be licensed, authorized to operate, or registered; under this title and the rules adopted under this title. (b) The term does not includ…

Sec. 11. As used in this chapter, "multi-factor authentication" means authentication through verification of at least two (2) of the following types of authentication factors: (1) Knowledge factors, such as a password. (2) Possession factors, such as a token or text message on a …

Sec. 12. As used in this chapter, "nonpublic information" means electronic information that is not publicly available information and is described in either of the following subdivisions: (1) Any information concerning a consumer, which because of name, number, personal mark, or …

Sec. 13. As used in this chapter, "publicly available information" means any information that a licensee has a reasonable basis to believe is lawfully made available to the general public from: (1) federal, state, or local government records; (2) widely distributed media; or (3) …

Sec. 14. As used in this chapter, "risk assessment" means the assessment a licensee is required to conduct under section 17 of this chapter. As added by P.L.130-2020, SEC.10.

Sec. 15. As used in this chapter, "third party service provider" means a person that contracts with a licensee to maintain, process, store, or otherwise is permitted access to nonpublic information through its provision of services to the licensee. As added by P.L.130-2020, SEC.1…

Sec. 16. (a) A licensee shall develop, implement, and maintain a comprehensive, written information security program that: (1) is based on the risk assessment required under section 17 of this chapter; and (2) contains administrative, technical, and physical safeguards for the pr…

Sec. 17. A licensee shall conduct a risk assessment of its information systems and treatment of nonpublic information by doing the following: (1) Designating one (1) or more employees, an affiliate, or an outside vendor designated to act on behalf of the licensee information secu…

Sec. 18. Based on the results of the risk assessment, a licensee shall do the following: (1) Design its information security program to mitigate the identified risks, commensurate with: (A) the licensee's size and complexity; (B) the nature and scope of the licensee's activities;…

Sec. 19. (a) If the licensee has a board of directors, the board of directors shall require the licensee's executive management or its delegates to develop, implement, and maintain the licensee's information security program. (b) If the licensee's executive management delegates a…

Sec. 2. As used in this chapter, "authorized individual" means an individual authorized by the licensee to have access to the nonpublic information held by the licensee and its information systems. As added by P.L.130-2020, SEC.10.

Sec. 20. (a) As part of its information security program, a licensee shall establish a written incident response plan designed to promptly respond to, and recover from, any cybersecurity event. (b) An incident response plan must include the following: (1) The internal process for…

Sec. 21. (a) If a licensee learns that a cybersecurity event has or may have occurred, the licensee, or an outside vendor or service provider designated to act on the licensee's behalf, shall conduct a prompt investigation. During the investigation, the licensee or outside vendor…