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Protect Against Insurers' Impairment And Insolvency

Concerning protections in the event of an insurance company failure.
2023 Regular Session
Health Care & Health Insurance
Bill Summary

The act amends the priority of distribution of insurance claims paid from an insurer's estate in the event of the insurer's liquidation to include in the class 1 distribution priority payments that an impaired or insolvent insurer owes to the risk adjustment program that are necessary to prevent another insurer from becoming impaired or insolvent. This prioritization adjustment repeals on July 1, 2026.

The act also amends the "Life and Health Insurance Protection Association Act" as follows:

  • Adds health maintenance organizations (HMOs) as members of the association and subjects HMOs to assessments from the association;
  • Allocates responsibility for long-term care insurance assessments between health insurance and life insurance association members; and
  • Specifies that the "Life and Health Insurance Protection Association Act" does not provide coverage to a person that acquires rights to receive, or to a payee or beneficiary that transfers its rights in, a structured settlement factoring transaction, as defined in federal law, regardless of when the transaction occurred.

APPROVED by Governor May 15, 2023

EFFECTIVE May 15, 2023
(Note: This summary applies to this bill as enacted.)


Became Law


Bill Text

The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details