In This Issue:

- COMMISSIONER OF TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE ISSUES POSITION ON FILING REQUIREMENTS OF NEW ENTERPRISE RISK FILING LEGISLATION:

On May 28, 2014, Governor Haslam signed legislation revising the State’s Holding Company Act (“Act”). The Act revisions include a provision in Section 13 of the bill that requires the ultimate controlling officer of every insurer file an annual Enterprise Risk Report to the Tennessee Department of Commerce and Insurance (“Department”)...

- LEGISLATION PERMITTING HEALTHCARE PROVIDERS TO NEGOTIATE JOINTLY WITH HEALTH INSURERS INTRODUCED IN CONGRESS:

Legislation was recently introduced by Representative John Conyers (D. Michigan) that would permit healthcare providers to negotiate jointly with health insurers concerning contract terms without running afoul of the antitrust laws. The bill, the “Quality Health Care Coalition Act of 2014,” (H.R. 4077), has been referred to the House Judiciary’s Subcommittee on Regulatory Reform, Commercial and Antitrust Law for further action...

- CYBER-COVERAGE: CLARITY OR CONFUSION?

As the number of data breaches and disclosure of personally identifiable information (“PII”) increases, courts are being asked to decide whether such claims for data breach and disclosure of PII are covered by traditional commercial general liability (CGL) policies...

- A ROSE IS A ROSE IS A ROSE: THE SAME CANNOT BE SAID FOR ASSIGNMENTS:

Can an individual who is not named as an insured on a health insurance policy, under which benefits are presumably available, assign his/her rights in favor of a healthcare provider? This question was recently answered by the Tennessee Court of Appeals in Action Chiropractic Clinic, LLC v. Hyler, No. M2013-01468-COA R3-CV, 2014 Tenn. App. LEXIS 73 (Tenn. Ct. App. Feb. 12, 2014)...