Title 27, INSURANCE

Sec. 2. As used in this chapter, "insurer" has the meaning set forth in IC 27-1-25-1(l). As added by P.L.160-2003, SEC.22.

Sec. 3. As used in this chapter, "person" refers to a person described in IC 27-1-25-1(a)(15). As added by P.L.160-2003, SEC.22.

Sec. 4. The insurer with which a person is affiliated is responsible for: (1) the acts of the person; and (2) providing the person's books and records to the commissioner. As added by P.L.160-2003, SEC.22.

Sec. 1. As used in this chapter, "fiduciary duty" includes the duty to: (1) act with loyalty and care in the best interest of the plan sponsor; (2) ensure that all fees, costs, and commissions are reasonably and fully disclosed; (3) avoid self-dealing and conflicts of interest; a…

Sec. 2. As used in this chapter, "health insurance coverage" includes: (1) a group policy of accident and sickness insurance (as defined in IC 27-8-5-1); (2) a group contract (as defined in IC 27-13-1-16) that provides coverage for basic health care services (as defined in IC 27-…

Sec. 3. As used in this chapter, "insurer" means an insurer that provides health insurance coverage to a covered individual. As added by P.L.69-2025, SEC.1.

Sec. 4. As used in this chapter, "pharmacy benefit manager" has the meaning set forth in IC 27-1-24.5-12. As added by P.L.69-2025, SEC.1.

Sec. 5. As used in this chapter, "plan sponsor" means an employer or organization that offers health insurance coverage to its employees or members through an insurer or a self-funded health benefit plan. As added by P.L.69-2025, SEC.1.

Sec. 6. Any: (1) third party administrator; or (2) pharmacy benefit manager; acting on behalf of a plan sponsor owes a fiduciary duty to the plan sponsor. As added by P.L.69-2025, SEC.1.

Sec. 0.5. As used in this chapter, "plan sponsor" means an individual or entity that offers health insurance coverage to its employees or members through a self-funded health benefit plan, including: (1) a self-funded health benefit plan that complies with the federal Employee Re…

Sec. 0.7. As used in section 3 of this chapter, "third party administrator" means an individual or entity that performs administrative services for a self-funded health benefit plan, including: (1) a self-funded health benefit plan that complies with the federal Employee Retireme…

Sec. 1. (a) Not more than four (4) times per calendar year for a contract holder, a third party administrator, an insurer (as defined in IC 27-1-2-3(x)) that issues a policy of accident and sickness insurance (as defined in IC 27-8-5-1(a)), or a health maintenance organization (a…

Sec. 2. (a) The department may assess a third party administrator, an insurer, or a health maintenance organization that violates section 1 of this chapter a fine of one thousand dollars ($1,000) per day for which the claims data is provided after the time frame set forth in sect…

Sec. 3. (a) This section applies to a contract entered into, issued, amended, or renewed after June 30, 2024. (b) A contract: (1) between a: (A) third party administrator; and (B) plan sponsor; (2) between a: (A) prepaid health care delivery plan under IC 5-10-8-7(c) to provide g…

Sec. 4. (a) A plan sponsor that contracts with a third party administrator, the office of the secretary of family and social services that contracts with a managed care organization (as defined in IC 12-7-2.1-218) to provide services to a Medicaid recipient, or the state personne…

Sec. 1. As used in this chapter, "commission" refers to the Indiana political subdivision risk management commission established by IC 27-1-29-5. As added by P.L.272-1987, SEC.7.

Sec. 10. (a) The commissioner, using money from the fund, shall pay a part of every liability that qualifies for partial payment under this chapter and under the terms of the coverage provided by the commission according to rules adopted under this chapter. (b) A liability of a m…

Sec. 11. A liability that arises out of an act or omission that takes place before the political subdivision bearing the liability becomes a member of the fund does not qualify for partial payment under this chapter unless the liability: (1) is expressly covered by the provisions…

Sec. 12. (a) A liability of a member of the fund that is not a member of the political subdivision risk management fund under IC 27-1-29 does not qualify for partial payment under this chapter unless the total amount of the liability exceeds: (1) one million dollars ($1,000,000);…

Sec. 13. The amount that is to be paid by the commission toward the satisfaction of a liability qualifying for partial payment under this chapter is determined in STEP FOUR of the following formula: STEP ONE: If the total amount of the liability exceeds five million dollars ($5,0…

Sec. 14. The coverage of a liability under this chapter is excess of any and all other valid and collectible insurance and coverage under liability risk management, risk sharing, and risk financing pools or funds. As added by P.L.272-1987, SEC.7.

Sec. 15. An amount payable under section 13 of this chapter that is no more than ten thousand dollars ($10,000) may be paid in a single, immediate payment. An amount payable under section 13 of this chapter that is greater than ten thousand dollars ($10,000) shall be paid: (1) in…

Sec. 16. The commission may associate with a member of the fund in the defense of a claim and, if no defense is provided by the insurer providing the fund member's underlying coverage, the commission may defend the member and control that defense. Amounts expended by the commissi…

of insufficient funds Sec. 17. On June 30 and December 31 of every year, the commission shall recognize every liability that has qualified for partial payment under this section during the six (6) month period that ended on that day. The commission shall pay the part of each liab…

Sec. 18. (a) No amount may be paid from the fund in respect of punitive damages paid by or assessed against a member of the fund. (b) No amount may be paid from the fund in the case of a liability based upon bodily injury or property damage arising out of the discharge, dispersal…

Sec. 19. (a) A political subdivision may become a member of the fund by filing a written notice of its intent to become a member with the commission by the latter of the following dates: (1) December 31, 1987. (2) The date exactly six (6) months before the expiration date of the …

Sec. 2. As used in this chapter "fund" refers to the political subdivision catastrophic liability fund established by this chapter. As added by P.L.272-1987, SEC.7.

Sec. 20. (a) The commission shall adopt rules under IC 4-22-2 to implement this chapter. (b) The commission, in accordance with the rules adopted under subsection (a), may, in whole or in part, conform or limit the coverage provided to a member of the fund under this chapter (as …

Sec. 21. After relinquishing its membership in the fund, a political subdivision remains liable for its pro rata share of assessments to pay for liabilities of fund members that arose out of claims based upon acts or omissions that took place while the political subdivision was a…

Sec. 22. (a) The commission shall impose an assessment to be paid by each member of the fund. The assessments to be paid by members of the fund shall be determined by the commission and must be fair to all members, in consideration of the uniform application of actuarial principl…

Sec. 23. (a) Upon a determination by the commissioner that: (1) all members have withdrawn from the fund; and (2) all payments of liabilities of former members of the fund have been determined and finalized; the commissioner is authorized to take action under subsection (b). (b) …

Sec. 24. This chapter expires when the insurance commissioner certifies to the executive director of the legislative services agency that: (1) the fund has no remaining members; (2) all payments of liabilities of former members of the fund have been determined and finalized; and …

Sec. 3. As used in this chapter, "liability" means an obligation arising from: (1) multiple claims for the payment of money that are within the limits set forth in IC 34-13-3-4 (or IC 34-4-16.5-4 before its repeal) and that arise from a single catastrophic occurrence; or (2) any …

Sec. 4. As used in this chapter "member" refers to any political subdivision that has a membership in the fund, as provided in section 9 of this chapter. As added by P.L.272-1987, SEC.7.

Sec. 5. As used in this chapter, "political subdivision" has the meaning set forth in IC 34-6-2.1-155. As added by P.L.272-1987, SEC.7. Amended by P.L.3-1989, SEC.152; P.L.1-1998, SEC.147; P.L.186-2025, SEC.146.

Sec. 6. As used in this chapter, "underlying coverage" refers to any liability insurance policy that names a member of the fund or its officials or employees as a named insured, an additional named insured, an insured, or an additional insured. As added by P.L.272-1987, SEC.7.

Sec. 7. (a) The political subdivision catastrophic liability fund is established for the purpose of: (1) paying a part of certain liabilities of members of the fund under this chapter; (2) receiving assessments paid by fund members to replenish the fund and to pay the principal o…

Sec. 8. (a) The commission shall establish a reserve account in the fund. A balance of at least five million dollars ($5,000,000) must remain in the reserve account. To provide money to establish the reserve account, the commission may issue bonds under IC 27-1-29-17(b)(1). The b…

Sec. 9. All political subdivisions that satisfy the criteria for membership under the rules of the commission are eligible for membership in the fund. A political subdivision is not required to be a member of the political subdivision risk management fund under IC 27-1-29 to be e…

Sec. 1. As used in this chapter, "permitted group" means a group of ten (10) or more commercial, business, or not-for-profit entities that have a preexisting relationship to one another through: (1) a common trade; (2) an association; (3) an affiliation; or (4) another organizati…

Sec. 2. As used in this chapter, "property and casualty insurance" means one (1) or more of the types of insurance described in IC 27-1-5-1, Class 2 and Class 3. As added by P.L.165-2022, SEC.5.

Sec. 3. As used in this chapter, "property and casualty insurance company" means a company authorized to make one (1) or more types of property or casualty insurance. As added by P.L.165-2022, SEC.5.

Sec. 4. (a) An insurer authorized under IC 27-1-3-20 to transact business as a property and casualty insurance company may provide property and casualty insurance to a permitted group on a group basis. (b) A policy may not be issued or renewed to provide group coverage under this…

Sec. 5. The commissioner may adopt rules under IC 4-22-2 to implement and administer this chapter. As added by P.L.165-2022, SEC.5.

Sec. 0.1. The addition of this chapter by P.L.251-2003 applies to a policy of accident and sickness insurance that is issued, delivered, amended, or renewed after June 30, 2003. As added by P.L.220-2011, SEC.453.

Sec. 1. As used in this chapter, "insurer" refers to an insurer (as defined in IC 27-1-2-3) that issues a policy of accident and sickness insurance. As added by P.L.251-2003, SEC.4.