Issue Status Chart: 2005/2006 Viatical and Life Settlement

Transcription

1 2005/2006 Viatical & Life Settlement (#009) Issue Status Chart: (As of December 5, 2006) Contacts: Michael Lovendusky, Paula Auerbach, This issue chart monitors the progress and legislation and regulation. It also notes the presence or omission of four critical elements in the legislation and/or regulation: (1) of ; (2) prohibition of within the first two years of policy issuance (but excluding s ; (3) prohibition of finance companies for policy ; and (4) expansion of s. Summary of Activity 27 jurisdictions introduced legislation addressing s and s. They are: AL, AZ, CA, CO, CT, DC, FL, GA, IL, IN, IA, KY, LA, MD, MA, MI, MN, NH, NJ, NY, NC, PR, RI, SC, TN, TX, UT. Out of the 27 jurisdictions: 9 jurisdictions (CO, FL, KY, LA, MD, MN, NJ, PR, UT) enacted legislation. o o o 2 jurisdictions (LA, NJ) contain provisions prohibiting within the first two years of policy issuance (except for or terminally ill individuals). 3 jurisdictions (KY, LA, NJ) expand s. 9 jurisdictions (CO, FL, KY, LA, MD, MN, NJ, PR, UT) enacted legislation addressing issues other than the four key issues. 14 jurisdictions (AL, AZ, CA, CT, GA, IL, IN, IA, NH, NY, RI, SC, TN, TX) legislation failed. 4 jurisdictions (DC, MA, MI, NC) have legislation pending. 1 jurisdictions (NY and UT) published useful guidance addressing STOLI relevant to regulation. Bill text, digest and legislative history are available in 's Legislative Tracker. Proposed and adopted regulations are available in 's Advance Services. Page 1 of 11 pages

2 New information in bold. not s ALABAMA S. 304/H. 398 FAILED. Died on Would have enacted the NAIC Life Settlements Act. ARIZONA S FAILED. Died on Would have prohibited insurers prohibiting the assignment to a provider of a policy otherwise assignable. H FAILED. Died on Would have added a new Article 17 titled "Life Settlement Contracts. Yes CALIFORNIA A. 243 FAILED. Would have adopted new regulations governing s. It failed to advance after extensive negotiations with the proponent, Coventry First. had sought amendments to the bill that reflect our proposed changes to the NAIC Viatical Settlements Model Act, but these were not accepted by the author. Without the -supported of agreement, we were forced to oppose the bill. Yes Life Settlements only. Re-Proposed Regulation Comments deadline: 9/5/06. The re-proposed changes to the new regulation would include a revised of a catastrophic or -threatening illness or condition and a new investment. The new proposal also makes changes to other s, rewriting the section on Yes Yes Page 2 of 11 pages

3 designation of third party contacts as well as deleting viator the heading and changing 15 calendar days to three business days the time allowed for the trustee or escrow agent to transfer the proceeds to the viator recognizing the transfer of ownership. not s COLORADO S. 107 LAW. Signed by the Governor on 6/3/05. Effective 1/1/06. Enacts a substantial portion of the current NAIC Viatical Settlements Model Act. CONNECTICUT S. 615 FAILED. Died on Would have revised existing law on s with amendments that do not adequately prevent investor-initiated insurance schemes. DISTRICT OF COLUMBIA is currently reviewing the insurance department s draft legislation. FLORIDA S LAW. Signed by the Governor on 6/1/06. Effective 6/1/06. Authorizes the Financial Services Commission to promulgate rules requiring that certain statements and filings by providers, finance companies, and continuing care providers be submitted by electronic means in a computerreadable form compatible with the electronic data format specified by the commission. Page 3 of 11 pages

4 not s GEORGIA S. 406 FAILED. Died on Would have amended various sections addressing s. ILLINOIS H FAILED. Was referred to Senate Rules Committee, 6/4/06. Partial; does not include AALU or NAIFA language. Yes Yes INDIANA H. 356 FAILED. Legislation was introduced at the request of the industry. The bill was heard and amended in Committee, but was withdrawn on the floor due to differences between the interested parties. IOWA Yes Yes H. 740 FAILED. Failed to pass in the First Committee. Died on Would have specified the requirements allowing a person to operate as a broker. Regulation Chapter 48 Effective 12/27/06. Incorporates the latest changes to the NAIC model, eliminating the requirement that the viator (if he or she is the insured) be obliged to have a expectancy of 24 months or less prior to entering into a and adding a new subrule on continuing education for brokers. Page 4 of 11 pages

5 not s KENTUCKY S. 107 LAW. Signed by the Governor on 3/28/06. Effective 7/11/06. Provides for single licensure. Requires a insurance agent operating as a broker to have an agreement with a licensed provider whereby the provider agrees to assume responsibility for legal liability of the agent as the result of erroneous acts or failure to act in his or her capacity as a broker on a to which the provider is a party. Yes LOUISIANA H. 226 LAW. Signed by the Governor on 6/15/06. Effective 6/15/06. Requires each person acting as a provider, broker, or investment agent to file the required annual statement with the commissioner of insurance. Specifies that this requirement applies to licensed insurance producers acting as brokers as authorized by present law. H. 251 LAW. Signed by the Governor on 6/15/06. Effective 6/15/06. Among other things, provides an annual expiration date for a license as a provider, broker, or investment agent and provides terms for renewal of such licenses. H LAW. Signed by the Governor on 6/22/06. Amends s pertaining to s. Yes Yes Bulletin Issued 9/5/06. tifies insurers that certain insurable interest questions are proper for insurance applications and for underwriting purposes, so that insurers can determine whether the insurance applications are lawfully sound. However, it also notes that Page 5 of 11 pages

6 insurance underwriting cannot show prejudice against applicants based only on the insured's intention to sell the insurance policy or the method of payment the insured uses to pay the, since it violates the Louisiana Insurance Code. not s MAINE Regulation Chapter 931 Effective July 19, 2006 The rule departs the approaches has considered thus far this year by focusing on advertising remedies and limitations on to providers. The provisions include: MARYLAND (a) A provider or producer may not solicit investors who could influence the treatment of the illness of the insured whose coverage would be the subject of the investment. (b) A provider or producer may not solicit, offer or negotiate with any person for the purpose of purchasing a insurance policy an insurer if that policy is to be used solely and specifically as part of a transaction. Yes S. 689 LAW. Signed by the Governor on 4/25/06. Effective 7/1/06. H Vetoed by the Governor on 5/26/06. Effective 6/22/06. Addresses broker disclosures. Same as S Page 6 of 11 pages

7 not s MASSACHUSETTS H Introduced on 1/5/05. Heard in Joint Committee on Financial Services on 5/1/06 and set aside for a study; From Joint Committee on Financial Services: accompanied Study Order H. 4957, which means it failed. Would establish rules, procedures, penalties and licensing requirements governing the sale of insurance policies in a that vary the NAIC Model Act. The is working on a different approach to STOLI consistent with policy in MICHIGAN H Introduced on 5/16/06 and referred to the House Committee on Insurance. Introduced by the industry. The and domestic industry visited with the bill sponsor, who is also the committee chair, to explain opposition. The bill may be assigned to the Legislative Work Group. Yes H Introduced on 5/16/06 and referred to the House Committee on Insurance. Amends the Uniform Securities Act as it concerns s. H Introduced on 6/8/06 and referred to Insurance Committee. Addresses criminal procedure and sentencing guidelines for violations s. MINNESOTA H LAW. Signed by the Governor on 6/3/05. Effective 8/1/05. Among other things, prohibits a broker using a form in the state unless it has been filed and approved by the commissioner. Page 7 of 11 pages

8 not s NEW HAMPSHIRE S. 368 FAILED to pass Senate. Would have established provisions governing s. NEW JERSEY Yes S. 1940/A LAW. Signed by the Governor on 9/22/05. Effective 12/20/05. Enacts the NAIC Viatical Settlements Model Act. Yes Yes NEW YORK S. 8463/A FAILED. Would have enacted new provisions governing s. On June 23, 2006, Senate Majority Leader Bruno advised that the Senate would not be taking up the bill because there were too many interests in opposition to the measure, coupled with an internal conflict within the majority caucus that the Senate Majority Leader did not want to prolong. Although the Assembly companion bill, A C, had moved to the Assembly floor through the efforts of the Assembly sponsor, Assemblyman Grannis and others, Assemblyman Grannis advised he did not want to push for a floor vote if the Senate bill was not going to move. The bill may be taken up again later this year, if the Legislature convenes a special session after the vember elections. Yes Yes Yes Law Opinions Issued 12/19/05; 3/16/06. New York issued useful guidance pertaining to stranger-owned insurance. Disseminated by the Office of the General Counsel, one has to do with Page 8 of 11 pages

9 insurance insurance ; the other with the insurable interest of an Indian tribe in its members insurable interest of an Indian tribe. not s Law Opinion Issued 9/28/06. The Office of the General Counsel issued an opinion noting that although the Insurance Department does not approve advertisements, there are requirements that must be met under state laws and regulations. The advertisement cited in the opinion was not in compliance because it included wording that could be interpreted as solicitation for a. NORTH CAROLINA S. 615 The bill is no longer applicable to s. H. 675 Introduced 3/17/05. Remains in House Comm. on Insurance. This bill is likely dead. PUERTO RICO PC 2000 LAW. Signed by the Governor on 12/28/05. Effective 3/28/06. Adds a new chapter to the Insurance Code to create the Viatical Settlement Act. Deviates NAIC Viatical Settlements Model Act. PC 2402 Sent to the Governor, 7/7/06. Would postpone the effective date of the s act that was signed into law as Law 164 on December 28, Would make the act effective 180 days after approval. Page 9 of 11 pages

10 not s RHODE ISLAND H FAILED. Died on Would have established rules, procedures, penalties and licensing requirements governing the sale of insurance policies in a that vary the Model Act. The is working on a different approach to STOLI consistent with policy in SOUTH CAROLINA S. 201/H FAILED. Died on Would have enacted the Viatical Settlements Act with substantial deviations the NAIC Model Act. TENNESSEE S. 3503/H FAILED. Withdrawn further consideration and died on Would have revised the of s. S. 3790/H FAILED. Died on Would have amended the of s. TEXAS S. 1323/H FAILED. Died on Would have regulated agreements and agreements. Yes Page 10 of 11 pages

11 not s UTAH H. 233 LAW. Signed by the Governor on 3/17/06. Effective 5/1/06. Modifies the information a provider s is required to provide the Insurance Department to include a copy of the provider's most current audited financial statement. Otherwise, technical changes were made to the existing law. Bulletin Issued 7/10/06. Utah joined New York in issuing useful guidance pertaining to stranger-owned insurance. The bulletin outlines the Department's position that insurance involving the purchase of a insurance policy, financing via nonrecourse, sales of policies in the secondary market, and payment to applicants for transfer of a policy are not compliant with the state's insurable interest requirements. The Department will look at the entire transaction and not limit its review to the application for insurance to determine if an insurable interest exists. Page 11 of 11 pages