The Arizona Supreme Court said the state’s automatic assignment provision does not apply when employees are receiving workers’ compensation benefits from another state.
That state’s laws apply to the individual and not Arizona’s.
The case comes from 2014 and involved a South Carolina resident who is a semi-truck driver. The company she was driving for contracted with an Arizona company to provide training. A claim filed for an accident was the issue.
Source link: PropertyCasualty360.com
Insurance Commissioner’s Take on Wildfire
Ricardo Lara took office as California Insurance Commissioner at a ceremony in Sacramento on Monday, January 7, pledging to help Californians recover from wildfires while defeating the threat of climate change.
Commissioner Lara is the eighth Insurance Commissioner of California since voters created the position in 1988.
Commissioner Lara is the first openly LGBTQ+ person to be elected to statewide office in California. U.S. Judge Vaughn R. Walker administered the oath of office. Judge Walker wrote the decision in Perry v. Schwarzenegger in 2010, overturning Proposition 8 and allowing marriage equality in California.
"California's Department of Insurance is the largest state consumer protection agency in America," said Commissioner Lara. "We are the Department of Fair Deals, the Department of Fresh Starts, the Department of Rebuilding Your Home, the Department of Protecting your Investment, and the Department of the Sun Will Come Out Tomorrow. In short, we are the Department of Hope, and we have never been more important."
He pledged to protect the victims of wildfires and other disasters, defend all Californians from the threat of climate change and insurance scams, and promote innovation and technology.
"Our seniors, people living in poverty, and immigrant communities are targets of con artists and scams. Our entrepreneurs face economic uncertainty. Millions of us live one emergency room visit away from financial ruin. We cannot deny that with climate change, California faces a threat like never before," said Commissioner Lara."
Commissioner Lara announced the creation of a Deputy Commissioner of Climate and Sustainability, a first for the department, to work with environmental and industry leaders on innovative solutions to the risk of climate change.
"To the insurance industry - I ask you to join me in this fight against extreme disasters linked to climate change. We need bold action to ensure our communities adapt and are resilient to this new reality," said Commissioner Lara. "There is no other industry that has the necessary expertise to ensure that California is prepared to mitigate and reduce risk to our communities and environment. Our planet can't wait. I am ready, and I hope you are too."
Commissioner Lara took the oath of office on a facsimile of California's first Constitution from 1849 in its original Spanish translation. For California's first 30 years as a state, all laws were translated into Spanish, starting with the Constitution. As the son of two immigrant parents from Mexico, Commissioner Lara grew up in a bilingual house and has been a champion for multilingual learning.
Commissioner Lara was first elected to the California State Legislature in 2010 and represented the 33rd Senate District from 2012 to 2018.
As Senator, he won healthcare for more than 250,000 California children and introduced universal healthcare legislation.
Commissioner Lara said he would work with the new administration of Governor Gavin Newsom to expand access to health care.
"To Governor Newsom - I am excited to be your partner in expanding affordable healthcare for every Californian," said Commissioner Lara. "There is nothing we cannot achieve with our new common agenda. We stand ready for your California4All vision."
Source link: California Department of Insurance
Commissioner Pledges Help
California Insurance Commissioner Ricardo Lara attended Governor Gavin Newsom's first budget release, pledging to support his health care and fire mitigation initiatives.
"When California passed the Health4All budget plan almost four years ago to cover undocumented children, we did the right thing for our state," said Commissioner Lara. "Extending Medi-Cal coverage to all those eligible up to age 26 is the right action today. Governor Newsom's budget will tackle the cost crisis of prescription drugs, strengthen Covered California and make health care more affordable for all."
Commissioner Lara announced that the California Department of Insurance is prepared to expedite any changes needed to implement expanded subsidies and prescription drug cost savings for Covered California plans that it regulates. The Department issued its first Prescription Drug Cost Transparency Report on January 2, showing that prescription drugs are 13.4 percent of premium costs in the state.
Governor Newsom's health care proposal builds on efforts to expand health coverage through Health4All that Commissioner Lara led as a legislator.
"The long-term success of our state depends on healthy young people and a strong workforce. Our policies should be driven by the needs of Californians, not the rhetoric from Washington," added Commissioner Lara. "California has the right to determine our own future, and we will do that. As I said to Governor Newsom the day I was sworn in -- I am excited to be your partner in expanding affordable health care for every Californian."
Wildfire mitigation proposals will save lives and reduce losses.
Commissioner Lara also praised the plan to boost wildfire-mitigation measures using $200 million from the state's signature climate cap and trade initiative. More than 85 Californians died and communities experienced $9 billion in insured losses due to last year's firestorms. Insurers are expected to report updated loss numbers to the Department of Insurance this month.
"By investing in wildfire mitigation and early warning, Governor Newsom's budget will save lives," said Commissioner Lara. "We will need sustained funding to succeed in our fight against wildfire."
The federal shutdown has affected prescribed burn projects that reduce fuels in high-risk federally owned areas.
"With the federal shutdown limiting prescribed burns in the state, the winter weather window is closing to reduce wildfire risk for next year," said Commissioner Lara. "California's mitigation measures are critical to limiting future risk to homes and property. We cannot afford to miss these opportunities."
Commissioner Lara authored SB 30 (Chapter 614, Statutes of 2018) as a member of the California Senate, the nation's first climate insurance law that seeks to safeguard natural infrastructure such as forests and wetlands that can act as a barrier to disasters linked to global warming.
Budget boosts funding for Department of Insurance fraud investigations and long term care mandate.
Commissioner Lara also thanked Governor Newsom for providing $2,805,000 to fund workers' compensation fraud investigations and prosecution workload increases for local district attorneys. This increase is consistent with the increased assessment approved by the state's Fraud Assessment Commission last September.
The budget also includes $756,000 to comply with the mandates of AB 2395 (Chapter 651, Statutes of 2018, Calderon) requiring insurers with long term care contracts to file annual financial disclosure reports to the California Department of Insurance, among other requirements.
The California Department of Insurance anticipates collecting approximately $2.5 billion in premium tax revenue -- of which all insurance companies are subject to a tax on gross premiums -- that is to be remitted to the state's General Fund.
Source link: California Department of Insurance
Department of Insurance: Draft 2020 filing deadlines
Based on the Center for Medicaid and Medicare Services’ (CMS) deadline for final plan data submission for 2019 plans, the Division of Financial Regulation (DFR) has prepared the following draft timeline for submission of 2020 form, rate, and binder filings. The filing deadlines apply to health benefit plans and exchange certified pediatric dental offered on-exchange and off-exchange. Dental products that will not be exchange certified are not required to follow this timeline.
DFR is providing these preliminary deadlines for planning purposes but issuers are advised that we are still awaiting final federal due dates for 2020 plans. We will respond and adjust to changes in federal due dates as necessary.
2020-filing-timelines.pdf — https://content.govdelivery.com/attachments/ORDCBS/2019/01/09/file_attachments/1134966/2020-filing-timelines.pdf
Visit our Health Filing Requirements page for more information:
Bulletin: DFR 2019-01: Use of Corporate and Assumed Business Names by Insurers
Summary: The purpose of this bulletin is to clarify the requirements and procedures relating to the use of corporate and assumed business names by insurers. For purposes of this bulletin, "insurers" includes health care service contractors. Questions about these issues have arisen from insurers in connection with:
Recommendations contained in market conduct examinations, and
Changes in ownership of insurers.
Insurance Division Bulletin 96-5 has been withdrawn and replaced with this bulletin.
Oregon Division of Financial Regulation Bulletin DFR 2019-01 — https://dfr.oregon.gov/laws-rules/Documents/Bulletins/bulletin2019-01.pdf
To read this and other bulletins and get more information, please visit the Division of Financial Regulation's Bulletins page at: https://dfr.oregon.gov/laws-rules/Pages/bulletins.aspx
Request for participants for legislative interest group meetings
The Division of Financial Regulation will host interest groups during the legislative session to share information regarding pending bills and welcome discussion and questions about legislation that is pending. These are informal discussions and you may join us here at the labor and industries building or by teleconference.
Groups for this session will be divided into three general areas:
Property, Casualty, Workers' Compensation And Life Insurance
If you are interested in participating Please email us at: INS.Rules@Oregon.gov
When you respond, please indicate the area(s) of interest that you wish to participate in.
We will be setting up the initial forums soon and you will receive information about the scheduled meetings and or information to call in. With each meeting we will try to provide a current run of bills that are actively being tracked by the division. We welcome your thoughts, your questions and your participation.
The Oregon Division of Financial Regulation recently adopted the following rule:
ID 01-2019: Update to adoption of the Valuation Manual for principle-based reserving
Rules affected: OAR 836-031-0605
Refile to use rule text of the Notice of Proposed Rulemaking. There are no substantive changes.
Filed: January 4, 2019
Effective: January 4, 2019
Permanent Administrative Order — https://dfr.oregon.gov/laws-rules/Documents/id01-2019_rule-order.pdf
For more information, please visit the Division's website:
Kreidler to State’s GOP House members must honor promise on pre-existing medical protection
Washington Insurance Commissioner Mike Kreidler today called on the state’s three Republican congressional representatives (PDF, 165 KB) to protect people who need treatment for pre-existing medical conditions.
In a letter to Reps. Cathy McMorris-Rogers (Spokane), Jaime Herrera-Beutler (Camas) and Dan Newhouse (Sunnyside), Kreidler urged them to support a congressional challenge to a recent court ruling against the Affordable Care Act.
The U.S. House of Representatives has scheduled a vote Jan. 9 to protect Americans from losing benefits of the Affordable Care Act.
A recent federal court ruling, if upheld, would strip Americans of many protections in the existing law. That includes the guarantee of health coverage even if a person has a pre-existing medical condition.
“I’m calling on these representatives to defend the Affordable Care Act and keep their promises to protect their constituents,” Kreidler said. “This should not be another typical party-line vote. It’s time to put people over party alignment. Their votes will be a telling comment on where they really stand.”
Source link: Washington Department of Insurance
Insurance Commissioner Mike Kreidler announced that Candice Myrum will serve as the agency’s Deputy Commissioner for Policy and Legislative Affairs.
She previously served as the Policy and Rules Manager for the Policy and Legislative Affairs division. She joined the Office in 2014 as the Litigation Manager in the Legal Affairs Division. The OIC is recruiting for a Rules Manager to replace Candice.
Candice's background includes work at the Washington State Department of Labor and Industry in both the State Fund and Self-Insured Programs and work in the private sector in insurance services and legal services.