For Immediate Release
March 11, 2022
Contact: Emme Anderson
(732) 201-4133

NCOIL ADOPTS RESOLUTION IN SUPPORT OF THE PEOPLE AND GOVERNMENT OF UKRAINE
Urges Members of Congress to Condemn Russian Attack on Ukraine, Stand with the United States, Allies, President Biden, The People of Ukraine, and Ukrainian President Volodymyr Zelenskyy in Opposition to this War

Manasquan, NJ – NCOIL adopted unanimously a Resolution sponsored by CA Asm. Ken Cooley, NCOIL President, In Support of the People and Government of Ukraine during the 2022 NCOIL Spring Meeting.

“As an organization of America’s 50 state legislatures, NCOIL would have done our states a disservice if our four days of policy discussions (in the exercise of our American freedom to promote good policy), failed to note the grave jeopardy which Ukrainian freedom now faces. That did not happen, however, as our Local, State and International Committee, under Paul Utke and Brenda Carter’s leadership, passed a strong resolution in support of the people of Ukraine. That action, approved unanimously by the Executive Committee, put NCOIL on record urging Members of Congress to condemn the attack and stand with the United States and its allies, President Joseph Biden, the people of Ukraine, and Ukrainian President Volodymyr Zelenskyy in opposition to this war.”

The Resolution notes that thousands of individual Russians have protested against this war by signing an online petition, protesting in the streets, and speaking out in defiance of their government, and that over 1,000,000 Ukrainians and Americans of Ukrainian descent call the United States of America home.

“Ukraine is a democratic, productive, and peaceful country,” said Asm. Kevin Cahill (NY), NCOIL Vice President. “I am proud to have led the prayer for the people of this war-torn nation at our most recent meeting of NCOIL. It was an important expression that we are clear about our unequivocal support of the Ukrainian people and its government and likewise, that we condemn the unjustifiable attacks by the Russian government. Now is the time for everyone to do their part in support of the Ukrainian people and their leaders during this time of crisis.”

“I applaud our member legislators for adopting this Resolution unanimously” said Commissioner Tom Considine, NCOIL CEO. “I hope and pray that it serves as the beginning of a lasting peace being achieved.”

A full copy of the Resolution is below.

NATIONAL COUNCIL OF INSURANCE LEGISLATORS (NCOIL)

RESOLUTION IN SUPPORT OF THE PEOPLE AND GOVERNMENT OF UKRAINE

*Sponsored by Asm. Ken Cooley (CA) – NCOIL President
*Adopted by the NCOIL Joint State-Federal Relations & International Insurance Issues Committee on March 4, 2022 and Executive Committee on March 6, 2022.

WHEREAS, Ukraine is a sovereign, democratic, and peace-loving nation; the United States and Ukraine have been partners since Ukraine declared its independence from the Soviet Union more than 30 years ago; and

WHEREAS, Russian President Vladimir Putin’s attack violates the foundational principles of the rule of law, which is essential for democratic countries to thrive; and

WHEREAS, On February 24, 2022, Russia, in an unprovoked attack, invaded its neighbor, Ukraine, and threatened the democratically elected government; and

WHEREAS, President Joseph Biden declared in a statement and press briefing that Russian President Vladimir Putin, “has chosen a premeditated war that will bring a catastrophic loss of life and human suffering”; “Russia alone is responsible for the death and destruction this attack will bring, and the United States and its allies and partners will respond in a united and decisive way”; and

WHEREAS, The North Atlantic Treaty Organization (NATO) has indicated in a statement on its website on “Relations with Ukraine” that, “NATO has reinforced its support for capability development and capacity-building in Ukraine”; the NATO “Allies condemn and will not recognize Russia’s illegal and illegitimate annexation of Crimea, and its destabilizing and aggressive activities in eastern Ukraine and the Black Sea region”; “NATO has increased its presence in the Black Sea and stepped up maritime cooperation with Ukraine and Georgia”; and

WHEREAS, The NATO alliance also condemns Russia’s decision to extend recognition to the separatist regions of eastern Ukraine; and

WHEREAS, The United States Department of the Treasury’s Office of Foreign Assets Control (OFAC) has prohibited any United States person from conducting any transaction involving the Central Bank of the Russian Federation, the National Wealth Fund of the Russian Federation, or the Ministry of Finance of the Russian Federation; and

WHEREAS, The United Nations Human Rights Council reports that Russia’s invasion has damaged and destroyed schools, hospitals, radio stations, and homes, killing and injuring civilians, including children; and

WHEREAS, According to a press statement issued by United States Secretary of State Antony J. Blinken, on February 27, 2022, the “United States is one of the largest humanitarian donors to Ukraine, and our humanitarian assistance now amounts to nearly $405 million to vulnerable communities”; “[t]his additional assistance will enable international humanitarian organizations to further support the people of Ukraine, working closely with the Government of Ukraine and European allies and partners at the forefront of any response”; “[t]his includes the provision of food, safe drinking water, shelter, emergency health care, winterization, and protection”; “[o]ur funding will also help humanitarian organizations maintain contact between family members who have been separated due to the conflict, hopefully leading to reunification in some cases”; and

WHEREAS, Thousands of individual Russians have protested against this war by signing an online petition, protesting in the streets, and speaking out in defiance of their government; and

WHEREAS, Over 1,000,000 Ukrainians and Americans of Ukrainian descent call the United States of America home; and

WHEREAS, the United States has worked closely with international partners to impose economic costs on the Government of the Russian Federation for its harmful foreign activities; and

WHEREAS, NCOIL, as the nation’s premier legislator-led insurance public policy organization that works towards advising legislators on policies that affect financial institutions in addition to insurance around the nation; therefore

BE IT RESOLVED, that NCOIL urges Members of Congress to condemn the Russian attack on Ukraine and stand with the United States and its allies, President Joseph Biden, the people of Ukraine, and Ukrainian President Volodymyr Zelenskyy in opposition to this war; and be it further

RESOLVED, that a copy of this Resolution be sent to the members of the U.S. House Financial Services Committee; the members of the Senate Banking Committee; the Speaker and Minority Leader of the U.S. House of Representatives; the Majority Leader and Minority Leader of the U.S. Senate; the Secretary of the U.S. Department of State; the National Association of Insurance Commissioners (NAIC); and the Chair of all state committees that have jurisdiction over financial and insurance matters.

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NCOIL is a national legislative organization with the nation’s 50 states as members, represented principally by legislators serving on their states’ insurance and financial institutions committees. NCOIL writes Model Laws in insurance and financial services, works to preserve the State jurisdiction over insurance as established by the McCarran-Ferguson Act over seventy years ago, and to serve as an educational forum for public policymakers and interested parties. Founded in 1969, NCOIL works to assert the prerogative of legislators in making State policy when it comes to insurance and educate State legislators on current and longstanding insurance issues.

For Immediate Release
March 10, 2022
Contact: Emme Anderson
(732) 201-4133

NCOIL CONCLUDES SUCCESSFUL SPRING MEETING IN LAS VEGAS, NV
Strong Attendance Continues; Three Resolutions Adopted; Nevada Attorney General Aaron Ford Delivered Keynote Address; Development Started on New Model Laws

Manasquan, NJ – The National Council of Insurance Legislators (NCOIL), the nation’s premier legislator-led insurance public policy organization, concluded a successful 2022 Spring National Meeting (Meeting) on March 6th in Las Vegas, NV. In what was the organization’s first of three scheduled National Meetings for 2022, there were 296 participants consisting of 52 legislators from 23 states, 16 first-time attendee legislators from 10 states, six Insurance Commissioners (or equivalent), and 11 insurance departments represented. These legislator participation numbers represent a new all-time high for an NCOIL Spring Meeting. NCOIL’s seven policy Committees all met and discussed various critical issues in insurance legislation.

“In my first meeting as President, much was done which laid the groundwork for what I expect will be another very successful year for NCOIL,” said California Assemblyman Ken Cooley. “We continue to have strong turnouts for our National Meetings – especially the number of first-time legislators. Overall, this was the most highly attended NCOIL Spring Meeting since 2008. Now is a tremendous time to be involved with NCOIL and the organization is rightfully being recognized as a top-notch forum for legislators and interested parties to gather, discuss, and debate critical insurance issues.”

NCOIL CEO, Commissioner Tom Considine said, “I continue to be thrilled with the number of first-time legislators attending our meetings. As an organization principally represented by legislators, term limits and legislators leaving office for different opportunities are things we must constantly contend with, so seeing new faces at our meetings is always great and a positive sign.” Considine continued, “This Meeting was again extremely productive in terms of serving as an educational forum for legislators and interested parties and developing sound insurance public policy that legislators can take back to their states for review and introduction.”

The Joint State-Federal Relations & International Insurance Issues Committee, chaired by Minnesota Senator Paul Utke, met on Friday morning and adopted two Resolutions, both sponsored by Asm. Cooley: Resolution in Support of the People and Government of Ukraine; and Resolution Supporting Independent Contractor Status for Insurance Agents and Other Licensed Financial Professions. The Committee also heard from Loren Adler, Associate Director at the USC-Brookings Schaeffer Initiative for Health Policy on the implementation of the new federal balance billing law – The No Surprises Act – and from Andrew Biggs, Ph.D., Senior Fellow at the American Enterprise Institute on the status and future of the social security system.

The Workers’ Compensation Insurance Committee, chaired by Ohio Senator Bob Hackett, followed and it heard presentations on “Workers’ Compensation in the Post-COVID Era” from Matthew Zender, SVP, WC Strategy at Amtrust North America, and Monica Verduzco-Gutierrez, M.D., Professor and Chair of the Department of Rehabilitation Medicine at the University of Texas Health Science Center at San Antonio. The Committee also re-adopted the Model State Structured Settlement Protection Act until its next meeting in July during which amendments to the Model will be discussed and considered.

The Institutes Griffith Foundation also hosted a legislator luncheon during which Michel Leonard, Ph.D., CBE, Vice President & Senior Economist at the Insurance Information Institute and Adjunct Faculty at Columbia University and New York University, delivered a presentation titled “Inflation: Implications for Insurers and Public Policymakers.”

A very productive NCOIL-NAIC Dialogue, chaired by Asm. Kevin Cahill (NY) – NCOIL Vice President – was then held which included an impressive lineup of NAIC representatives: Idaho Director and NAIC President Dean Cameron, Connecticut Commissioner and NAIC Vice President Andrew Mais, Arkansas Commissioner Alan McClain, Montana Commissioner Troy Downing, Oklahoma Commissioner Glen Mulready, and Utah Commissioner Jon Pike. The Dialogue included discussions of State adoption of the NAIC Credit for Reinsurance Models, the NAIC Special Committee on Race and Insurance, proposed changes to the NAIC Climate Risk Disclosure Survey, and enhanced cash surrender value endorsements and their interaction with the Standard Nonforfeiture Law.

The Dialogue was followed by a general session titled “The Search for a Successful Public Option.” Panelists were: Liz Hagan, Director of Policy Solutions at United States of Care; Sally Pipes, President & CEO at the Pacific Research Institute; Adam Fox, Deputy Director at the Colorado Consumer Health Initiative; Amber Stidham, VP of Government Affairs at the Henderson Chamber of Commerce; and Nevada Senator Fabian Donate.

The day concluded with the Life Insurance & Financial Planning Committee meeting, chaired by Asw. Maggie Carlton (NV), which discussed development of a Paid Family Medical Leave Insurance Model Act, and life insurer perspectives on COVID-19 developments. The Committee also re-adopted the Secondary Addressee Model Act, and the Insurance Compliance Self-Privilege Model Act.

The following day began with a meeting of the Property & Casualty Insurance Committee, chaired by Kentucky Representative Bart Rowland. The Committee: heard a presentation from Arity on how telematics can turn mobility and driver data into meaningful behavioral insights; discussed the development of an NCOIL Delivery Network Company (DNC) Model Act; discussed the NCOIL Insurance Underwriting Transparency Model Act, sponsored by Rep. Matt Lehman (IN), NCOIL Immediate Past President; and continued discussions on state efforts to lower the uninsured motorist population. Lastly, Asm. Cahill announced his intent to sponsor and have the first draft of an NCOIL model act governing the use of dog breed information in insurance underwriting prepared for introduction at the Committee’s next meeting in July.

Rep. Rowland said, “I’m proud to serve as Chair of this Committee during what is my last year in the legislature. I’ve really enjoyed working with everyone on important issues. As always, this Committee is very busy, and we have a lot of work to do by year’s end. I’m confident we’ll get there and end up with sound policy that can guide states in developing state law.”

Another general session followed which focused on the interrelationship between climate change and insurance. Panelists were: Connecticut Commissioner Andrew Mais; Sean Kevelighan, CEO of the Insurance Information Institute; Stefan Holzberger, Senior Managing Director & Chief Rating Officer at AM Best; Rich Sorkin, Co-founder & CEO of Jupiter Intelligence; and Dr. Joanne Leovy, Nevada State Medical Association Delegate to the Medical Society Consortium on Climate and Health.

Nevada Attorney General Aaron D. Ford delivered an uplifting Keynote Address at Saturday’s luncheon. Attorney General Ford is the first African American to hold statewide constitutional office in Nevada. Before his election, Attorney General Ford served as the Majority Leader of the Nevada State Senate, and held a number of other Senate leadership positions.

The Financial Services & Multi-Lines Issues Committee then met and heard a presentation from Azish Filabi, Executive Director of the Maguire Center for Ethics and Associate Professor & Charles Lamont Post Chair of Business Ethics, and Sophia Duffy, Associate Professor of Business Planning, both from The American College of Financial Services, titled “AI-Enabled Underwriting Brings New Challenges for Insurance: Policy and Regulatory Considerations.”

The Committee also decided to move forward with the development of an NCOIL Insurance Regulatory Sandbox Model Act, sponsored by Rep. Bart Rowland (KY), Rep. Wendi Thomas (PA), and Rep. Tom Oliverson, M.D. (TX) – NCOIL Treasurer. Further, the Committee heard a presentation on changes to certain laws to provide more flexibility in electronically delivering insurance documents, and announced its intent to likely a submit a comment letter to S&P Global Ratings regarding its proposed changes to how it rates insurance companies.

The Health Insurance & Long-Term Care Issues Committee, chaired by New York Assemblywoman Pamela Hunter, met on Sunday morning and continued discussions on the 340B drug pricing program. The Committee heard from Hopewell Health Centers, Mountain Health Network, PhRMA, the National Association of Community Health Centers, and 340B Health. Asw. Hunter announced that the continued discussion of the 340B drug pricing program will be transferred to the Joint State-Federal Relations & International Insurance Issues Committee.

The Health Committee also heard from Steve Landers, M.D., MPH, President & CEO of the Visiting Nurse Association (VNA) Health Group, who discussed lessons learned from COVID-19 and preparing of the next pandemic, and from representatives from America’s Health Insurance Plans (AHIP) who discussed the unfunded mandate of COVID-19 testing, and developments in value-based care. Further, the Committee re-adopted five model laws: Model Act Regarding Air Ambulance Insurance Claims; Out-of-Network Balance Billing Transparency Model Act; Patient Safety Model Act; Rental Network Contract Arrangements Model Act; and Model Act Banning Fee Schedules for Uncovered Dental Services.

Lastly, Asw. Hunter announced her intent to start the development of a model law governing health insurance coverage for biomarker testing for the purposes of diagnosing, treating, managing, or ongoing monitoring of a covered person’s disease or condition. Asw. Hunter has introduced A09149 in New York which will serve as the starting point for the NCOIL model law.

Asw. Hunter said, “The Committee’s meeting in Las Vegas was very productive and set the stage for what will be yet another busy year. I’m looking forward to working with everyone, particularly on my biomarker testing model law as it deals with such a critical consumer-protection centered issue.”

The Meeting concluded with the Executive Committee’s meeting which adopted all of the administration and policy Committee reports, and also adopted a Resolution in Honor of NCOIL Past President Representative George Keiser (ND) who passed away late last year after courageously battling ALS the past several years. The Resolution will be sent to Rep. Keiser’s family along with comment letters in honor of Rep. Keiser and in support of the Resolution.

“Rep. Keiser, our friend and colleague George, helped all his NCOIL colleagues better grasp how small nuances of bill drafting could yield big outcomes. We will all miss him immensely,” stated NCOIL President Asm. Ken Cooley.

“It is truly a great honor to serve as NCOIL President. The organization has steadily improved the past several years in terms of its national recognition, scope, and importance, and all signs point to another tremendous year,” said Asm. Cooley. “I’m looking forward to meeting again in Jersey City in July where we can all share our perspectives from our legislatures and constituents, develop model laws, and preserve the proven state-based system of insurance regulation.”

Committee meeting minutes will be posted soon at www.ncoil.org.

The 2022 NCOIL Summer Meeting is scheduled to take place in Jersey City, NJ at the Hyatt Regency from July 13th – 16th. Registration will open in April.

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NCOIL is a national legislative organization with the nation’s 50 states as members, represented principally by legislators serving on their states’ insurance and financial institutions committees. NCOIL writes Model Laws in insurance and financial services, works to preserve the State jurisdiction over insurance as established by the McCarran-Ferguson Act over seventy years ago, and to serve as an educational forum for public policymakers and interested parties. Founded in 1969, NCOIL works to assert the prerogative of legislators in making State policy when it comes to insurance and educate State legislators on current and longstanding insurance issues.

2022 NCOIL SPRING MEETING PRESENTATIONS & MATERIALS – CLICK HERE

For Immediate Release
February 4, 2022
Contact: Emme Anderson
(732) 201-4133

NCOIL HIGHLIGHTS FEBRUARY AS INSURANCE CAREERS MONTH
Supports Effort to Inspire Young Professionals to Choose Insurance as a Career

Manasquan, NJ – The National Council of Insurance Legislators (NCOIL), the nation’s premier legislator-led insurance public policy organization, joins the Insurance Careers Movement (ICM) in highlighting February as the sixth annual Insurance Careers Month. The ICM includes more than 1,000 insurance carriers, agents, trade associations, and industry partners working to engage the next generation for careers in insurance.

“It’s important that younger generations are aware of all the opportunities that a career in insurance can offer,” said CA Assemblyman Ken Cooley, NCOIL President. “Prior to serving in the California Assembly, at various times in my California legislative staff career, I ran both the Assembly Finance and Insurance Committee and also the State Senate Insurance Committee. As a lawyer, I also served 18 years as counsel to State Farm Insurance and appeared on its behalf in state capitols around the US. I learned so much in all these roles and that knowledge has really helped me be a more effective legislator. It is great that the ICM works to inspire young professionals to pursue a career in insurance”

“An essential moment in my career was when I left private practice to accept a position at MetLife,” said NCOIL CEO, Commissioner Tom Considine. “I ended up staying at MetLife for 18 years, only leaving to become the Banking and Insurance Commissioner of New Jersey. I would greatly encourage anyone, especially the next generation, to consider a career in the insurance industry, as there are many different and fulfilling paths such a career may take you on.”

SC Rep. Carl Anderson, Vice Chair of the NCOIL Articles/Bylaws Committee said, “As an insurance agent, I am happy to acknowledge February as Insurance Careers Month, which also coincides with Black History Month. Unfortunately, there is a shortage of Black Americans in leadership and other levels of employment within the insurance industry. Encouraging more Black Americans to pursue a career in insurance will lead to a more diverse and inclusive insurance industry. The insurance industry has provided me with a rewarding career, and I look forward to seeing younger generations take advantage of the opportunities the industry has to offer.”

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NCOIL is a national legislative organization with the nation’s 50 states as members, represented principally by legislators serving on their states’ insurance and financial institutions committees. NCOIL writes Model Laws in insurance and financial services, works to preserve the State jurisdiction over insurance as established by the McCarran-Ferguson Act over seventy years ago, and to serve as an educational forum for public policymakers and interested parties. Founded in 1969, NCOIL works to assert the prerogative of legislators in making State policy when it comes to insurance and educate State legislators on current and longstanding insurance issues.

CLICK HERE FOR MORE INFORMATION

CLICK HERE FOR MORE INFORMATION

For Immediate Release
January 19, 2022
Contact: Emme Anderson
(732) 201-4133

NCOIL PRESIDENT ANNOUNCES 2022 COMMITTEE LEADERSHIP
Strong Group of Leaders from Diverse States to Head Committees

Manasquan, NJ – NCOIL President Ken Cooley, state Assemblyman from California, announced the lineup of NCOIL Committee Chairs and Vice Chairs for 2022.

“I am looking forward to working with such an outstanding group of bipartisan legislative leaders from all across the country who are all committed to strengthening NCOIL’s role as the nation’s premier legislator-led insurance public policy organization, and protecting the state-based system of insurance regulation,” said Cooley. “Each legislator has carved out their role and importance to NCOIL as they all have significant knowledge and expertise in the insurance and financial services arenas that will serve them well in leading their committees.”

The NCOIL Chairs and Vice Chairs are:

Articles of Incorporation/Bylaws:

Chair: Rep. Wendi Thomas, PA

Vice Chair: Rep. Carl Anderson, SC

Audit Committee:

Chair: Asm. Kevin Cahill, NY

Vice Chair: Sen. Travis Holdman, IN

Budget Committee:

Chair: Rep. Tom Oliverson, M.D., TX

Vice Chair: Sen. Neil Breslin, NY

Financial Services & Multi-Lines Issues:

Chair: Rep. Edmond Jordan, LA

Vice Chair: Rep. Jim Dunnigan, UT

Health Insurance & Long-Term Care Issues:

Chair: Asw. Pam Hunter, NY

Vice Chair: Del. Steve Westfall, WV

Joint State-Federal Relations & International Insurance Issues:

Chair: Sen. Paul Utke (MN)

Vice Chair: Rep. Brenda Carter (MI)

Life Insurance & Financial Planning:

Chair: Asw. Maggie Carlton (NV)

Vice Chair: Sen. Walter Michel (MS)

NCOIL – NAIC Dialogue:

Chair: Asm. Kevin Cahill (NY)

Vice Chair: Rep. Tom Oliverson, M.D. (TX)

Nominating Committee:

Co-Chair: Sen. Jason Rapert AR

Co-Chair: Rep. Matt Lehman, IN

Property & Casualty Insurance:

Chair: Rep. Bart Rowland (KY)

Vice Chair: Sen. Vickie Sawyer (NC)

Workers’ Compensation Insurance:

Chair: Sen. Bob Hackett (OH)

Vice Chair: Rep. Hank Zuber (MS)

Chairman At-Large

Sen. Jerry Klein (ND)

NCOIL CEO, Commissioner Tom Considine said, “In 2022, NCOIL will continue to work tirelessly to advance model legislation that protects consumers and preserves the proven state-based system of insurance regulation. It is important to remember that the strongest consumer protection is a solvent company at the time of a claim, so legislators must always keep insurer solvency in mind.”

“This group of chairs and vice-chairs that Asm. Cooley has selected is committed to those goals and will certainly contribute to the positive growth and momentum NCOIL has experienced the past several years,” Considine concluded.

The 2022 NCOIL Spring Meeting is scheduled to take place in Las Vegas, NV at Harrah’s Las Vegas from March 3rd – 6th. Registration is now open here: https://ncoil.org/2022-ncoil-springmeeting-registration/

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NCOIL is a national legislative organization with the nation’s 50 states as members, represented principally by legislators serving on their states’ insurance and financial institutions committees. NCOIL writes Model Laws in insurance and financial services, works to preserve the State jurisdiction over insurance as established by the McCarran-Ferguson Act over seventy years ago, and to serve as an educational forum for public policymakers and interested parties. Founded in 1969, NCOIL works to assert the prerogative of legislators in making State policy when it comes to insurance and educate State legislators on current and longstanding insurance issues.

CLICK HERE FOR REGISTRATION INFORMATION

CLICK HERE FOR ANNUAL MEETING MINUTES

For Immediate Release
November 30, 2021
Contact: Emme Anderson
(732) 201-4133

NCOIL ADOPTS THREE NEW HEALTH MODEL LAWS DURING ANNUAL MEETING IN SCOTTSDALE
Model Laws Include NCOIL Telemedicine Authorization and Reimbursement Model Act; NCOIL Accumulator Adjustment Program Model Act; and NCOIL Model Act Regarding Air Ambulance Patient Protections

Manasquan, NJ: – During the recently concluded 2021 National Council of Insurance Legislators (NCOIL) Annual National Meeting in Scottsdale, AZ, NCOIL, the nation’s premier legislator-led insurance public policy organization, adopted three new NCOIL Model Laws. The Models were first passed via voice vote by the group’s Health Insurance and Long-Term Care Issues Committee (Committee), Chaired by NY Asw. Pam Hunter, then adopted without dissent by the NCOIL Executive Committee.

The three new Model Laws are: the NCOIL Telemedicine Authorization and Reimbursement Model Act, sponsored by Asw. Hunter; the NCOIL Accumulator Adjustment Program Model Act, sponsored by AR Sen. Jason Rapert, NCOIL Immediate Past President, and co-sponsored by AR Rep. Deborah Ferguson, new NCOIL Secretary and Vice Chair of the Committee, ND Rep. George Keiser, former NCOIL President, and Asw. Hunter; and the NCOIL Model Act Regarding Air Ambulance Patient Protections, sponsored by WV Del. Steve Westfall and co-sponsored by IL Rep. Thaddeus Jones, KY Rep. Deanna Frazier, and TX Rep. Tom Oliverson, M.D., new NCOIL Treasurer.

Asw. Hunter stated “this Committee has worked very hard throughout the past year to make sure these Models were improved in response to the significant feedback received from the wide array of interested parties that were involved in this process. None of the Models adopted received unanimous Committee support, and that’s ok. As we all know from our work in our respective state legislatures – everyone is not going to agree on everything, but it’s important to always maintain a healthy and respective exchange of ideas when it comes to insurance public policy issues.” Hunter continued “and of course, consistent with NCOIL’s philosophy on model laws, states aren’t bound by the provisions in our models. Rather, they are intended to serve as a framework so that states can add or remove things if desired.”

“During my last meeting as NCOIL President, it was great to see the Committee take action on such important issues,” said IN Representative and outgoing NCOIL President Matt Lehman. “I was very pleased to see the Committee be so productive, and I look forward to participating in the
Committee’s great work going forward.”

The NCOIL Telemedicine Authorization and Reimbursement Act (TARA) encourages health insurers and health care providers to support the use of telemedicine, and also encourages state agencies to evaluate and amend their policies and rules to remove any regulatory barriers prohibiting the use of telemedicine services. Having been introduced during the height of the COVID-19 pandemic, TARA is an acknowledgement that access to telemedicine is vital to ensuring the continuity of physical, mental, and behavioral healthcare for consumers during the pandemic and responding to any future outbreaks of the virus.

Two issues in TARA that garnered significant attention were reimbursement levels for telemedicine services, and using telemedicine to satisfy network adequacy requirements. Ultimately, the Committee approved language in TARA that permits health insurers and healthcare providers to negotiate reimbursement levels, and permits health insurers to use telemedicine to satisfy network adequacy requirements with regard to healthcare services, but not exclusively.

Asw. Hunter said, “I am proud to have sponsored TARA as it deals with such an important issue. Telemedicine certainly didn’t start with the COVID-19 pandemic, but I think it showed us all that it definitely will be more frequently utilized in the years to come. It is vital that people have the proper access to telemedicine, as it is crucial to ensuring the continuity of physical, mental, and behavioral health care of consumers, especially during health emergencies such as the COVID-19 pandemic.”

“The level of discussion around ‘payment parity’ for telemedicine was perhaps unprecedented for any single phrase in a model law in my time at NCOIL,” stated NCOIL General Counsel Will Melofchik. “However, Chair Hunter stated repeatedly and unambiguously that the reimbursement language does not mean dollar-for-dollar payment equality.”

The NCOIL Accumulator Adjustment Program Model Act (Accumulator Model) seeks to prohibit accumulator adjustment programs which prevent copayment assistance that helps patients pay for high-cost prescription drugs from counting towards their annual deductible or maximum out-of-pocket costs. The Accumulator Model, and the similar laws across the country, state that no matter who is contributing towards prescription drug costs, whether its pharmaceutical manufacturers, copay systems, a go fund me page, or aunt or uncle, those funds and third party payments should be counted towards a patient’s cost-sharing requirements.

“As legislators, we need to make sure that our constituents are being fairly treated by health insurers and are not receiving any unexpected charges,” said Arkansas Senator Jason Rapert, NCOIL Immediate Past President and Prime Sponsor of the Accumulator Model. “When patients are faced with unexpected charges, they are oftentimes less likely to adhere to their medical regimen, which can lead to various health consequences, such as unexpected visits to the emergency room. I sponsored a similar law in my home state of Arkansas and I am proud that NCOIL has now offered guidance to other states on this important issue.”

The NCOIL Model Act Regarding Air Ambulance Patient Protections (Air Ambulance Model), aims to amend state insurance laws to include certain air ambulance membership subscriptions as insurance products. The Air Ambulance Model also requires any entity operating such an air ambulance membership program to: implement a patient advocacy program that shall include, among other things, a dedicated patient hotline number and dedicated patient resource e-mail address to process patient billing and claims, and to address patient questions, complaints and concerns; and make other consumer disclosures on any advertisement, marketing material, brochure or contract terms and conditions made available to prospective members or the public, including noting that if eligible and covered by Medicaid or Medicaid managed care, the prospective member is already covered with no out of pocket cost liability for air ambulance services.

West Virginia Delegate Steve Westfall, Prime Sponsor of the Air Ambulance Model said, “It is important that products acting as insurance are categorized and regulated as such so that the proper consumer protections are in place. The old saying ‘If it walks like a duck and quacks like a duck…’ rings true with air ambulance membership subscriptions. I sponsored similar legislation in my home state of West Virginia and I am confident that states will look to this tightly crafted NCOIL Model and take action.” Westfall continued “The legal challenges surrounding these types of laws are well known, but I believe the NCOIL Model has been drafted in such a way that affirms the ability of states to regulate the business of insurance without threat of Federal obstruction.”

“Kudos to Chair Hunter, the sponsors, and everyone else involved, for the successful passage of three significant NCOIL Model Laws,” said Commissioner Tom Considine, NCOIL CEO. “These issues have clearly struck a chord with the Committee and interested parties given the level of rigorous debate these Models have had over the past several months. It is encouraging to see how much time and effort goes into the passage of our Model Laws – in these cases over many meetings of vigorous discussion – it shows how much people care which is one of the many reasons why NCOIL is such a great organization.”

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NCOIL is a national legislative organization with the nation’s 50 states as members, represented principally by legislators serving on their states’ insurance and financial institutions committees. NCOIL writes Model Laws in insurance and financial services, works to preserve the State jurisdiction over insurance as established by the McCarran-Ferguson Act over seventy years ago, and to serve as an educational forum for public policymakers and interested parties. Founded in 1969, NCOIL works to assert the prerogative of legislators in making State policy when it comes to insurance and educate State legislators on current and longstanding insurance issues.