COVID-19 Daily Insurance Regulatory Updates To Keep You Informed During The Lockdown (May 26, 2020)

In conjunction with the Locke Lord COVID-19 task force, we are reviewing, analyzing, and compiling regulatory updates to provide clients easy access to information during this unprecedented time. If you have any questions on the subject matter below, do not hesitate to reach out. The information below relates to state and federal bulletins, emergency orders, pending/enacted legislation, and other related actions taken in response to the COVID-19 pandemic.

All Lines of Insurance

Alabama: On May 25, the Alabama Department of Insurance issued Bulletin 2020-12 providing guidance producers, adjusters, and title insurance agent licensing issues.

New York: The New York Department of Financial Service “DFS” issued an FAQ related to telemedicine due to COVID-19.

New York: On May 21, DFS issued a supplement to Insurance Circular Letter 9 (issued March 25), to all producer licensed, extending the relief provided in the Circular letter for producer licensing for an additional 45 days, through July 8.

Oklahoma: On May 21 Oklahoma enacted Senate Bill 1946 (OK ST T. 76 s 111) which provides civil liability immunity to a person or his/her agent who has been sued for exposure or potential exposure to COVID-19.

Oklahoma: On May 21, Oklahoma enacted Senate Bill 1947 the COVID-19 Product Protection Act (OK ST T. 76 s 112), which provides civil liability immunity to designers, donors, and users of personal protective equipment, such as health care providers and first responders.

Rhode Island: On May 21, Governor Gina M. Raimondo issued an Executive Order 20-36 extending all current directives, which includes the limit on social gatherings (5 people), the mandatory 14-day quarantine for anyone visiting Rhode Island from another state, and all of the current business and restaurant restrictions. The extension is until June 1st.

West Virginia: On May 22, Governor Justice issued Executive Order 40-20 amended previous Executive Order to allow for the reopening of certain establishments.

Health Insurance

New York: On May 22, DFS issued Insurance Circular Letter No. 12 (2020) regarding coverage for COVID-19 testing at pharmacies applicable to all Insurers authorized to Write Accident and Health Insurance in New York State, Article 43 Corporations, Health Maintenance Organizations, Student Health Plans Certified Pursuant to Insurance Law § 1124, Municipal Cooperative Health Benefit Plans, Prepaid Health Services Plans, and Licensed Independent Adjusters. Issuers are reminded that diagnostic testing, including laboratory tests, is an essential health benefit, and as such, must be covered under individual and small group comprehensive health insurance policies and contracts. Issuers are directed to provide in-network and out-of-network coverage for COVID-19 testing without cost-sharing at pharmacies consistent with EO 202.24, the CARES Act, the 57th Amendment to 11 NYCRR 52, DOH guidance, and the circular letter.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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