Proposed Revisions to HIPAA Privacy Rule and Extension for Public Comment

On March 9, 2021, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services announced that it was extending public comment on the proposed changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule from March 22, 2021 to May 6, 2021.

OCR first released the proposed modifications to the HIPAA Privacy Rule on December 10, 2020. Specifically, OCR announced it was proposing changes “to support individuals’” engagement in their care, remove barriers to coordinate care and reduce the regulatory burdens on the health care industry.”

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NAIC Releases 2021 Strategic Priorities

The National Association of Insurance Commissioners (NAIC) is out this week with its strategic priorities for 2021, including a renewed commitment to long-term care insurance (LTCi).

NAIC says “state insurance regulators will continue on-going efforts to improve the consistency around LTCi rate review processes; examine insurer reserve adequacy; facilitate innovative product offerings; engage with federal policymakers on LTCi policy; and educate consumers on LTCi products and alternative benefit options.” NAIC’s LTCi (EX) Task Force is expected to deliver its proposal to the organization’s Executive Committee by the 2021 Summer National Meeting.

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NAIC Committee Leadership Updates

On January 11, the NAIC picked its “letter committee” leadership for 2021 – Chairs and Vice-chairs of the broad committees in charge of policy-making for sub-sectors of the industry or particular areas of regulation. Among the new assignments, North Dakota’s Jon Godfread will now chair the health-focused “B” committee, Oklahoma’s Glen Mulready will vice-chair the life and annuity-focused “A” committee, and Colorado’s Michael Conway will vice-chair the “E” committee, focused on financial regulation. A list of all the NAIC letter committee leadership assignments is linked here.

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What Insurers Need to Know About the Elections

2020 is an unusual election year, with many high-level outcomes still undetermined weeks after the polls closed. Despite this uncertainty, insurance industry stakeholders need to look ahead to the future. Thought leaders from Faegre Drinker’s insurance team participated in a post-election roundtable — and have helpful insights to share as we head into 2021.

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Election Night for Insurance Geeks: 2020 Edition

We are less than a week from a presidential election, with control of Congress in play. Meanwhile, shifts in state legislatures have the potential to change the direction of policymaking and impact the redistricting process. And, 11 gubernatorial elections are on 2020 ballots. Plenty to watch.

That said, for insurance regulatory stakeholders, the top of the ticket in some respects is those insurance commissioners independently elected statewide. Here’s a rundown on that field.
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The Future of Wellness Programs Offered by Long-Term Care Insurers

Companies are searching for solutions to the increasing demand for next-generation elder care solutions. As chronic conditions like Alzheimer’s Disease and other forms of dementia increase in the elder population, the necessity for in-home care rises. Insurers finding new ways to meet these needs face hurdles in state regulations on insurance rebating and the tax qualified status of wellness policies. The insurance community is keeping a close eye on potential overhaul of anti-rebating provisions and support for programs intended to allow those in need of long-term care to remain at home.

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