During these unprecedented times, the National Council of Insurance Legislators (NCOIL) has established this resource page in an effort to provide information and updates on industry, state, and federal insurance-related initiatives relating to the outbreak of COVID-19. As a leading policymaking and educational forum for public policymakers and interested parties, NCOIL will work to ensure that sound insurance public policy relating to COVID-19 is enacted to help resolve the social and economic impacts of this crisis.
Please be sure to review this information and share it with others. The page will be updated frequently.
General
Stateside Tracking of State and Local Government Responses to COVID-19
Alabama SB 330 – Relating to civil immunity; to provide legislative findings; to provide definitions; to provide civil immunity for certain entities and individuals from certain damages claimed by individuals who allege that they contracted or were exposed to Coronavirus during a declared state of emergency; to provide civil immunity for certain health care providers relating to the performance of certain health care services or treatment during the Coronavirus pandemic; to provide for a statute of limitations for certain claims; and to provide for retroactive effect
Georgia SB 359 – provide for certain immunities from liability claims regarding COVID-19
Mississippi
North Carolina HB 118 – COVID-19 Liability Safe Harbor
Temporary Insurance Producer Licenses
NJ Department of Banking and Insurance Bulletins
Business Interruption Insurance
***Sean Kevelighan Slides from April 24, 2020 NCOIL-Rutgers Webinar. Due to technical difficulties these slides were only visible for a portion of the webinar.***
Legislation has been discussed or introduced in Louisiana, Massachusetts, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, and South Carolina that would retroactively enact business interruption coverage into existing policies despite an absence of the physical damage required in property policies and/or express exclusions for communicable diseases in those policies.
H.R. 7412 – The Business Interruption Relief Act of 2020 – Congressman Mike Thompson Press Release – Carrier Management Article –
International Association of Insurance Supervisors (IAIS) Statement
American Academy of Actuaries Statement
NCOIL believes that such legislation would not only be inadvisable for policy and economical reasons, but would also violate the Contract Clause within Article I of the United States Constitution, which prohibits the Legislature from impairing the obligation of contracts.
NCOIL understands that professionals and businesses are facing unprecedented, dire economic challenges; however, we cannot compound the damage to the broader economy by forcing insurers to pay claims for which they did not contract. To do so could destabilize these insurers and render them unable to pay claims for which they did accept the risk, and did rate. NCOIL has reached out to Congress to express these concerns and to advocate for the creation of a COVID-19 Business Interruption & Cancellation Claims Fund (COVID Claims Fund). Following the tragedy of 9/11/2001, Congress enacted the Air Transportation Safety and System Stabilization Act and included within it the Victims Compensation Fund (VCF). We urge a similar solution now for the legion of businesses & professionals who are suffering from unprecedented costs from the interruption of their businesses as well as the many associations who have had to cancel their events, virtually all of whom have an exclusion in their business interruption and event cancellation policies for communicable diseases.
The “Pandemic Risk Insurance Act of 2020” (PRIA) – H.R. 7011 – which would create the Pandemic Risk Insurance Program (PRIP) to provide a federal backstop for insured pandemic losses has been introduced. While we have not yet completed an exhaustive analysis of PRIA, we note that it is based on the Terrorism Risk Insurance Act (TRIA, now TRIPRA), which NCOIL does support. Accordingly, we believe it is likely that NCOIL will be supportive of PRIA. However, we do note that PRIA would provide a backstop for insured losses. The losses for which we believe the COVID Claims Fund is necessary are uninsured losses because they fall specifically within the communicable disease exclusion contained in business interruption and event cancellation policies. PRIA though would operate prospectively, enabling businesses, professionals and associations to procure pandemic coverage in the future because insurers will not exclude it once a federal backstop is in place, much like terrorism insurance became available once TRIA passed.
H.R. 7011 – Pandemic Risk Insurance Act (PRIA)
To view NCOIL’s letters to Congress please see these links:
NCOIL Letter to Congress Regarding COVID-19 and Business Interruption Insurance
NCOIL Letter to to Congresswoman Pramila Jayapal
NCOIL Letter to President Trump
NCOIL Letter to Chairs Waters and Maloney
State Business Interruption Coverage Legislation
If you have any questions on NCOIL’s proposal, or on business interruption coverage in general, please do not hesitate to reach out to the NCOIL National Office at 732-201-4133.
Health Insurance
BCBSA Statement on Full Coverage of Telehealth Services for Members
AHIP Best Practices for States Tackling Coronavirus
Additional information is available on AHIP’s Coronavirus COVID-19 resource page. The information includes:
- AHIP FAQs – COVID-19 Coverage: Frequently Asked Questions
- AHIP Announcements – Health Insurance Providers Respond to Coronavirus (COVID-19)
- AHIP Factsheet – Keeping Americans Safe from Coronavirus (COVID 19)(February 26, 2020)
American Medical Association (AMA) Material
AMA COVID-19 Policy Recommendations for OUD, Pain, Harm Reduction
AMA Update Podcast to discuss how COVID-19 has impacted the nation’s opioid epidemic
AMA Advocating for Additional Changes to Help Hospice, Palliative Care Patients During COVID-19
AMA – Advocating for forgotten populations during COVID-19
AMA Issue brief: Reducing barriers to vital pain medication during the COVID-19 pandemic
Cigna Foundation and New York Life Foundation Partner to Launch Brave of Heart Fund to Support the Families of Front-Line Healthcare Workers Who Give Their Lives in the COVID-19 Fight New York Life Press Release Brave of Heart Fund FAQ Message from Cigna and New York Life CEO’s
Cigna Summary of Activities Combating COVID-19
States Can Prevent Surprise Bills for Patients Seeking Coronavirus Care
United States of Care COVID-19 Priorities Checklist for State Leaders
United States of Care Call to Action: State Legislative Recommendations to Address COVID-19
DOL/HHS/Treasury Guidance re: coverage requirements for COVID-19 testing
S. 3988 – Enhancing Preparedness through Telehealth Act
Property & Casualty
Travel insurance Information
New York Department of Financial Services FAQ re: Travel Insurance and COVID-19
Maine Bureau of Insurance Information on Travel Insurance and COVID-19
Generali COVID-19 Advisory and FAQs
Automobile Insurance Premium Reductions
Alabama Department of Insurance Bulletin
North Carolina Department of Insurance Bulletin
California Insurance Commissioner Ricardo Lara Orders Insurance Companies to Refund Premiums to Drivers and Businesses Affected by the COVID-19 Emergency – April 13, 2020 Extended Order of May 15, 2020
New Jersey Department of Banking and Insurance Bulletin
Michigan Department of Insurance and Financial Services Bulletin
Workers’ Compensation Insurance
National Council on Compensation Insurance (NCCI) – Frequently Asked Questions
NCCI COVID-19 Legislative and Regulatory Activity Chart
NCCI Research Brief – COVID-19 and Workers’ Compensation: Modeling Potential Impacts
Industrial Commission of Arizona Substantive Policy Statement
NY Workers’ Compensation Board COVID-19 Q&A
Virginia Adopts COVID-19 Worker Safety Rules
Federal Action Expanding Eligibility for Workers’ Compensation
H.R. 6656 – Coronavirus Workers’ Compensation for TSA Employees Act
U.S. Senators Letter asking for Creation of national Essential Frontline Worker Compensation Fund
Department of Labor Division of Federal Employees’ Compensation (DFEC) Statement
State Action Expanding Eligibility for Workers’ Compensation
Emergency Order from Illinois Workers’ Compensation Commission —- Rule was withdrawn
Connecticut Governor Ned Lamont Executive Order – July 24, 2020
Kentucky Governor Andy Beshear Executive Order
Arkansas Governor Asa Hutchinson Executive Order – April 13, 2020
Arkansas Governor Asa Hutchinson Executive Order – June 15, 2020
North Dakota Governor Doug Burgum Executive Order
California Governor Gavin Newsom Executive Order
Michigan Governor Gretchen Whitmer Executive Order
New Hampshire Emergency Order #36
NCCI COVID-19 Presumption Regulatory and Legislative Activity Chart
Life Insurance
New York Life has taken several important steps to protect policyholders, including the addition of a new COVID-19 Hardship Program. This Program is an expansion of its March 24th announcement to extend a 90-day no lapse period for all policyholders that missed premium payments through June 23rd. Under the new COVID-19 Hardship Program:
- New York Life will be offering an opportunity to request a 12-month, interest-free, repayment plan to pay their missed premiums;
- In addition, for policy owners that can demonstrate a “financial hardship” caused by COVID-19, they will be eligible for the following concessions:
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- An additional grace period up to 90 days, during which time the policy stays in-force and no premium payments are required; and
- A 12-month, interest-free, repayment plan to pay their missed premiums.
American Council of Life Insurers (ACLI) Resource Page – Life Insurers are #MeetingTheMoment