Section 27-1-47-3 - Value-added products or services that may be offered or provided(a) A person holding a license under this title may offer or provide, for free or for less than fair market value, value-added products or services that are at least tangentially related to an insurance contract or the administration of an insurance contract if: (1) the value-added products or services: (A) are not offered in a manner that is unfairly discriminatory; and(B) are made available based on documented, objective criteria; and(2) the documented, objective criteria under which the value-added products or services are offered are maintained for inspection by the insurance commissioner within thirty (30) days after the insurance commissioner's request for inspection.(b) The products and services that may be offered or provided for free or for less than fair market value under subsection (a) include but are not limited to the following: (1) Loss control, including wellness programs.(2) Claim filing assistance.(3) Administration of the continuation of health benefits requirements of the Consolidated Omnibus Budget Reconciliation Act (COBRA).(4) Compliance with the requirements of the Health Insurance Portability and Accountability Act (HIPAA).(5) Risk management or analysis.(6) Regulatory and legislative updates.(7) Group policy administration.(8) Payroll, accounting, and tax services.(9) Legal and human resources.(10) Referrals to third-party service providers that offer discounted rates.(c) A value-added product or service that is provided for free or for less than fair market value under subsection (a) by:(1) an insurer, acting by or through its employee, affiliate, insurance producer, or a third-party representative; or(2) an insurance producer, acting on the insurance producer's own behalf; shall be provided along with contact information for the purpose of ensuring that the consumer is assisted with questions concerning the product or service.
Amended by P.L. 226-2023,SEC. 19, eff. 7/1/2023.Added by P.L. 196-2021,SEC. 33, eff. 7/1/2021.