Title 38, Insurance

The department is authorized to promulgate by bulletin, order, or regulation the requirements necessary to implement the requirements of this chapter.

For the purposes of this section: (1) "Flood" means: (a) a general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties, at least one of which is the policyholder's property, from: (i) overflow of in…

An insurer may issue an insurance policy, contract, or endorsement providing commercial lines or personal lines coverage for the named peril of flood or excess coverage for the named peril of flood on any structure and on the contents of commercial or personal property contained …

(A) Private flood insurance policies issued pursuant to this chapter include: (1) "Standard flood insurance", which means a private flood insurance policy which covers only losses from the named peril of flood at least equivalent, when taken as a whole, to that provided under a s…

(A)(1) Every admitted insurer writing personal lines private flood insurance pursuant to this chapter shall file with the director all rates and supplementary rate information and all changes and amendments made by it for use in this State no later than ninety days after the effe…

(A) Every admitted insurer writing personal lines or commercial lines private flood insurance pursuant to this chapter shall file with the director all forms and all changes and amendments made by it for use in this State no later than ninety days after becoming effective. This f…

A surplus lines broker may place a policy or endorsement providing flood insurance coverage to an eligible surplus lines insurer without making a diligent effort to seek such coverage from one or more admitted insurers required pursuant to Section 38-45-90.

(A) In addition to any other applicable requirements pursuant to this title, any admitted insurer providing private flood insurance coverage that is considered standard flood insurance coverage in this State shall: (1) notify the director or his designee at least thirty days befo…

(A) Before placing a personal lines private flood insurance policy with an admitted or surplus lines insurer, an insurance producer, broker, or the insurer shall provide a written notice to the applicant advising that if the applicant discontinues coverage under the NFIP, which i…

For purposes of this section: (1) "Child" means a biological, adopted, or foster son or daughter; a stepson or stepdaughter; a legal ward; a son or daughter of a domestic partner; or a son or daughter of a person to whom the employee stands in loco parentis who is either: (a) und…

Family leave benefits may be provided for any leave taken by an employee from work to: (1) participate in providing care, including physical or psychological care, for a family member of the employee made necessary by a serious health condition of the family member; (2) bond with…

(A) Family leave insurance may be written as: (1) an amendment or rider to a group disability income policy or life insurance policy, included in a group disability income policy or life insurance policy; or (2) a separate group insurance policy purchased by an employer. (B) An i…

A policy of insurance issued under this title must set forth the details and requirements with respect to each reason an employee is entitled to take family leave under the policy.

(A) The policy of insurance must set forth the length of family leave benefits that are available for each covered family leave reason, which will in no event be less than two weeks during a period of fifty-two consecutive calendar weeks. (B) Fifty-two consecutive calendar weeks …

The policy of insurance must set forth whether there is an unpaid waiting period and, if so, the terms and conditions of the unpaid waiting period, which may include, but are not limited to: (1) whether the waiting period runs over a consecutive calendar day period; (2) whether t…

(A) The policy of insurance shall set forth: (1) the amount of benefits that will be paid for covered family leave reasons; (2) the definition of the wages or other income upon which the amount of family leave benefits will be based; and (3) how wages or other income will be calc…

Eligibility for family leave benefits under this article may be limited, excluded, or reduced, but any limitations, exclusions, or reductions shall be set forth in the policy of insurance. Permissible limitations, exclusions, or reductions may include, but are not limited to, any…

The department shall provide an annual report to the legislature and the public beginning on January 1, 2025, and each year thereafter, with information regarding the utilization of family leave insurance as authorized in this section, including: (1) the number of insurers in the…

As used in this chapter: (1) "Broker" means an independent health insurance agent licensed in this State. (2) "Director" means the director of the Department of Insurance or his designee. (3) "Person" means a natural person, corporation, mutual company, unincorporated association…

(A) No wellness reimbursement program administrator may sell, offer, market, promote, or operate a wellness reimbursement program without first being licensed by the director. (B) Application for a license must be on forms prescribed by the director and must be accompanied by an …

(A) A wellness reimbursement program administrator must attest to the director and to the employer or employee that the wellness reimbursement program complies with all federal and state laws. (B) A wellness reimbursement program administrator must not cause or knowingly permit t…

(A) A broker is not required to register as a wellness reimbursement program administrator to acquire commissions paid by such company. (B) A broker is not an employee of the wellness reimbursement program administrator and is only necessary to facilitate the partnership of the w…

(A) The director shall enforce this chapter. (B) A person who violates any part of this chapter must be fined not more than twenty thousand dollars or imprisoned for not more than two years, or both, for each violation, and is subject to revocation of any license issued by the di…

Nothing in this chapter applies to any health or wellness programs or activities offered by an individual or group health coverage or self-insured group health plan to its enrollees.