Title 27, INSURANCE

Sec. 6. The commissioner may develop and promulgate regulations, under IC 4-22-2, to carry out the purposes of this chapter. As added by Acts 1980, P.L.170, SEC.1.

Sec. 1. As used in this chapter, "corporation" has the meaning set forth in IC 27-1-2-3. The term also includes any domestic or foreign predecessor entity of a corporation in a merger or other transaction in which the predecessor's existence ceased upon consummation of the transa…

Sec. 10. (a) A corporation may pay for or reimburse the reasonable expenses incurred by a director who is a party to a proceeding in advance of final disposition of the proceeding if: (1) the director furnishes the corporation a written affirmation of the director's good faith be…

Sec. 11. Unless a corporation's articles of incorporation provide otherwise, a director of the corporation who is a party to a proceeding may apply for indemnification to the court conducting the proceeding or to another court of competent jurisdiction. On receipt of an applicati…

Sec. 12. (a) A corporation may not indemnify a director under section 8 of this chapter unless authorized in the specific case after a determination has been made that indemnification of the director is permissible in the circumstances because the director has met the standard of…

Sec. 13. The following apply unless a corporation's articles of incorporation provide otherwise: (1) An officer of the corporation, whether or not a director, is entitled to mandatory indemnification under section 9 of this chapter and is entitled to apply for court ordered indem…

Sec. 14. A corporation may purchase and maintain insurance on behalf of an individual who is or was a director, officer, employee, or agent of the corporation, or who, while a director, officer, employee, or agent of the corporation, is or was serving at the request of the corpor…

Sec. 15. (a) The indemnification and advance for expenses provided for or authorized by this chapter does not exclude any other rights to indemnification and advance for expenses that a person may have under: (1) a corporation's articles of incorporation or bylaws; (2) a resoluti…

Sec. 2. As used in this chapter, "director" means an individual who is or was a director of a corporation or an individual who, while a director of a corporation, is or was serving at the corporation's request as a director, officer, partner, trustee, employee, or agent of anothe…

Sec. 3. As used in this chapter, "expenses" includes counsel fees. As added by P.L.266-1987, SEC.6.

Sec. 4. As used in this chapter, "liability" means the obligation to pay a judgment, settlement, penalty, fine (including an excise tax assessed with respect to an employee benefit plan), or reasonable expenses incurred with respect to a proceeding. As added by P.L.266-1987, SEC.…

Sec. 5. (a) As used in this chapter, "official capacity" means: (1) when used with respect to a director, the office of director in a corporation; and (2) when used with respect to an individual other than a director, as contemplated in section 13 of this chapter, the office in a…

Sec. 6. As used in this chapter, "party" includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding. As added by P.L.266-1987, SEC.6.

Sec. 7. As used in this chapter, "proceeding" means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative and whether formal or informal. As added by P.L.266-1987, SEC.6.

Sec. 8. (a) A corporation may indemnify an individual made a party to a proceeding because the individual is or was a director against liability incurred in the proceeding if: (1) the individual's conduct was in good faith; (2) the individual reasonably believed: (A) in the case …

Sec. 9. Unless limited by its articles of incorporation, a corporation shall indemnify a director who was wholly successful, on the merits or otherwise, in the defense of any proceeding to which the director was a party because the director is or was a director of the corporation…

Sec. 1. As used in this chapter, "covered individual" means an individual who is entitled to coverage under a health plan. As added by P.L.114-2020, SEC.17.

Sec. 2. As used in this chapter, "health plan" means a plan that is compliant with the PPACA and offered by an insurer to provide, deliver, arrange for, pay for, or reimburse the cost of health care items or services. The term includes the following: (1) A policy of accident and …

Sec. 3. As used in this chapter, "insurer" means an entity licensed in Indiana to issue a health plan. As added by P.L.114-2020, SEC.17.

Sec. 4. As used in this chapter, "PPACA" refers to the federal Patient Protection and Affordable Care Act (P.L. 111-148), as amended thereafter, including by the federal Health Care and Education Reconciliation Act of 2010 (P.L. 111-152). As added by P.L.114-2020, SEC.17.

Sec. 5. (a) A health plan shall implement a procedure to allow a covered individual to submit a claim to offset the covered individual's deductible for the cost of a purchase by the covered individual of a prescription drug that: (1) is covered under the covered individual's heal…

Sec. 1. (a) The purpose of this chapter is to protect the interest of insureds, claimants, ceding insurers, assuming insurers, and the public generally. (b) The general assembly declares that its intent is to ensure adequate regulation of insurers and reinsurers and adequate prot…

Sec. 2. Credit Allowed a Domestic Ceding Insurer. Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a reduction from liability on account of reinsurance ceded only when the reinsurer meets the requirements of Subsection A, B, C, D, E, F, or G…

Sec. 3. Asset or Reduction from Liability for Reinsurance Ceded by a Domestic Insurer to an Assuming Insurer not Meeting the Requirements of Section 2 of this chapter. An asset or a reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer no…

Sec. 4. Qualified U.S. Financial Institutions A. For purposes of Section 3C of this chapter, a "qualified U.S. financial institution" means an institution that: (1) is organized or (in the case of a U.S. office of a foreign banking organization) licensed, under the laws of the Un…

Sec. 5. Rules and Regulations. A. The insurance commissioner may adopt rules and regulations under IC 4-22-2 implementing the provisions of this chapter. B. The insurance commissioner is further authorized to adopt rules and regulations under IC 4-22-2 applicable to reinsurance a…

Sec. 6. Reinsurance Agreements Affected. This chapter shall apply to all cessions after June 30, 2020, under reinsurance agreements that have an inception, anniversary, or renewal date not less than six (6) months after July 1, 2020. As added by P.L.130-2020, SEC.12.

Sec. 0.1. The addition of this chapter by P.L.133-1999 applies to grievances filed under IC 27-13-10-5 after January 1, 2000. As added by P.L.220-2011, SEC.459.

Sec. 1. A health maintenance organization shall establish and maintain an external grievance procedure for the resolution of grievances regarding the following: (1) The following determinations made by the health maintenance organization or an agent of the health maintenance orga…

Sec. 10. (a) An independent review organization is immune from civil liability for actions taken in good faith in connection with an external review under this chapter. (b) The work product or determination, or both, of an independent review organization under this chapter are ad…

Sec. 11. If an enrollee has the right to an external review under Medicare (42 U.S.C. 1395 et seq.) the enrollee may not request an external review under this chapter. As added by P.L.133-1999, SEC.7.

Sec. 12. The department may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.133-1999, SEC.7.

Sec. 2. (a) An external grievance procedure established under section 1 of this chapter must: (1) allow an enrollee or the enrollee's representative to file a written request with the health maintenance organization for an appeal of the health maintenance organization's grievance…

Sec. 3. (a) An enrollee who files an appeal under this chapter shall: (1) not be subject to retaliation for exercising the enrollee's right to an appeal under this chapter; (2) be permitted to utilize the assistance of other individuals, including physicians, attorneys, friends, …

Sec. 4. (a) An independent review organization shall: (1) for an expedited appeal filed under section 2(a)(2)(A) of this chapter, within seventy-two (72) hours after the appeal is filed; or (2) for a standard appeal filed under section 2(a)(2)(B) of this chapter, within fifteen (…

Sec. 4.5. Upon the request of an enrollee who is notified under section 4(c) of this chapter that the independent review organization has made a determination, the independent review organization shall provide to the enrollee all information reasonably necessary to enable the enr…

Sec. 5. A determination made under section 4 of this chapter is binding on the health maintenance organization. As added by P.L.133-1999, SEC.7.

Sec. 6. (a) If at any time during an external review performed under this chapter, the enrollee submits information to the health maintenance organization that is relevant to the health maintenance organization's resolution under IC 27-13-10-8 and was not considered by the health…

Sec. 7. This chapter does not add to or otherwise change the terms of coverage included in a contract under which an enrollee receives health care benefits under IC 27-13. As added by P.L.133-1999, SEC.7.

Sec. 8. (a) The department shall establish and maintain a process for annual certification of independent review organizations. (b) The department shall certify a number of independent review organizations determined by the department to be sufficient to fulfill the purposes of t…

Sec. 9. Except as provided in section 8(g) of this chapter, documents and other information created or received by the independent review organization or the medical review professional in connection with an external review under this chapter: (1) are not public records; (2) may …

Sec. 1. No person eighteen (18) years of age or over is incompetent because of age to contract for any insurance or exercise every right, privilege and benefit provided by any insurance contract. Formerly: Acts 1973, P.L.275, SEC.5.

Sec. 2. No person eighteen (18) years of age or over is incompetent because of age to receive and give full acquittance and discharge for payments or execute assignments under the provisions of an insurance contract or under the provisions of a settlement agreement executed in co…

Sec. 3. (a) As used in this section, "policy of motor vehicle insurance" means an insurance policy that provides the kind of insurance described in Class 2(f) of IC 27-1-5-1. (b) An individual who: (1) is at least sixteen (16) years of age; (2) is under the care and supervision o…

Sec. 1. As used in this chapter, "affiliate" means a domestic life insurance company that is a wholly owned subsidiary of the parent of a limited purpose subsidiary. As added by P.L.11-2011, SEC.7.

Sec. 10. An organizing domestic life insurance company may invest funds from the organizing domestic life insurance company's surplus in a limited purpose subsidiary that is organized by the organizing domestic life insurance company. As added by P.L.11-2011, SEC.7.