As the novel coronavirus (COVID-19) pandemic continues to threaten families, businesses, communities, cities and countries, the disease’s spread has affected the global insurance industry in unique ways. All stakeholders in the insurance industry – carriers, producers, and consumers – are affected by this global public health crisis and its economic consequences. In response, the National Association of Insurance Commissioners (NAIC) and U.S. state insurance regulators have taken and are continuing to take action to address the unique insurance-related challenges that face all stakeholders. 

Sidley’s Global Insurance and Financial Services Group has assembled this compendium of materials that the NAIC and U.S. state insurance departments have issued in response to COVID-19. These materials are organized by topic (specifically, health insurance operations and coverage, travel insurance coverage, business interruption insurance coverage, operational issues for regulators, insurers and other regulated entities, and other insurance topics) and further divided by jurisdiction. This compendium has been last updated on March 22, 2020, and Sidley will continue to update this compendium on a periodic basis. 

State legislatures have also begun to address the unique challenges raised by the COVID-19 crisis. Links to pending state legislation related to the intersection of COVID-19 and the insurance industry can be found under the applicable topic below. 

Regulatory Materials Related to Health Insurance Operations and Coverage

 As a public health crisis, the health insurance industry is particularly affected by the COVID-19 pandemic. As of March 22, 2020, the NAIC and 44 U.S. state insurance departments have issued guidance to health insurance carriers in the areas of telehealth, consumer outreach, special enrollment periods, prescription refills and cost-shares (co-pays, deductibles and co-insurance). Specifically, in this guidance, many of these states are:

  • requiring insurers to waive cost-sharing for COVID-19 testing when ordered in accordance with Centers for Disease Control and Prevention (CDC) guidelines and prohibiting insurers from requiring prior authorization for such testing;
  • requiring insurers to permit early refills, except for drugs in certain drug classes such as opioids, when consistent with doctor/pharmacist approvals;
  • directing insurers to keep their policyholders informed with accurate information about coverage for COVID-19-related testing and treatment;
  • directing insurers to expand the availability of telemedicine for their policyholders and eliminating barriers to its use; and
  • directing insurers to continue to ensure network adequacy given the anticipated increase in demand due to COVID-19.

Additionally, on March 19, 2020, President Trump signed into law the Families First Coronavirus Response Act, which, among other directives, requires health insurance carriers to provide coverage (at no cost sharing or pre-authorization/medical management requirements) for the testing and administration of FDA-approved COVID-19 tests.

Below is a list of administrative materials, organized by jurisdiction, issued by state insurance departments to provide guidance to both the insurance industry and consumers relating to health insurance coverage and COVID-19. 

Alabama 

Alaska

Arizona

California

Colorado

Connecticut

Delaware

Florida

Georgia

Illinois

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

NAIC

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

Tennessee

Texas

Utah

Vermont

Washington

West Virginia

Wisconsin

Wyoming

Regulatory Materials Related to Travel Insurance Coverage

The COVID-19 pandemic has caused individuals and business to cancel existing travel plans. In response to this disruption to travel, as of March 22, 2020, the NAIC and 18 U.S. state insurance departments have issued guidance to both the insurance industry and consumers regarding travel insurance coverage and COVID-19. This guidance generally provides that unless a previously-held travel insurance policy contains an exception applicable to COVID-19 (e.g., an epidemic or pandemic exclusion), a policy of travel insurance that covers the risks of sickness, accident, or death incident to travel presumptively must cover such risks relating to COVID-19. However, this guidance also generally notes that a travel insurance policy that has been purchased more recently likely will not cover cancellations due to COVID-19 as the disease is now considered a known event. 

Below is a list of administrative materials, organized by jurisdiction, issued by U.S. state insurance departments to provide guidance to both the insurance industry and consumers relating to travel insurance coverage and COVID-19.

Alabama

Alaska

Arizona

Connecticut

Washington DC

Illinois

Iowa

Louisiana 

Maryland

Minnesota 

Mississippi 

NAIC

Nebraska 

Nevada 

New York 

Ohio

Oregon

Texas 

Washington 

Regulatory Materials Related to Business Interruption Insurance Coverage

The global COVID-19 pandemic has caused massive disruptions to both large and small businesses, and many will likely be adversely affected for the foreseeable future. In response to the economic consequences triggered by COVID-19, as of March 22, 2020, the NAIC and 11 U.S. state insurance departments have issued guidance to the insurance industry and consumers regarding how COVID-19 implicates business interruption insurance coverage. This guidance addresses, among other topics: how the economic consequences of COVID-19 affect a typical business interruption insurance policy; how an official declaration of a state of emergency affects business interruption insurance policies; and how employers’ remote work directives affect business interruption insurance coverage

Below is a list of administrative materials, organized by jurisdiction, issued by U.S. state insurance departments to provide guidance to both the insurance industry and consumers relating to business interruption insurance coverage and COVID-19.

Connecticut

Georgia 

Kansas 

Louisiana 

Maryland 

Minnesota 

NAIC

New Hampshire

New Jersey

New York

Oregon

South Carolina

Regulatory Materials Related to Operational Issues for Regulators, Insurers and Other Regulated Entities

The societal-wide disruptions caused by the COVID-19 pandemic implicates the operations of both the insurance industry and regulators. In connection with these disruptions, as of March 22, 2020, 18 U.S. state insurance departments have issued materials related to, among other topics: regulatory flexibility on filing deadlines, continuing education requirements for producers and grace periods for premium payments; insurers’ plans to deal with financial risk caused by the pandemic; and the fair treatment of insurance consumers during this public health crisis. 

Below is a list of administrative materials, organized by jurisdiction, issued by U.S. state insurance departments to provide guidance to both the insurance industry and consumers relating to operational challenges raised by COVID-19.

Alaska 

Arkansas

California

Delaware

Florida

Georgia

Hawaii

Kansas

Kentucky

Maryland

Michigan

Missouri

New Jersey

New York

Pennsylvania

Rhode Island

West Virginia

Wisconsin

Regulatory Materials Related to Other Insurance Topics

The COVID-19 pandemic will likely affect all areas of daily life. Accordingly, all lines of insurance are potentially implicated by the spread of this disease. We expect more U.S. state insurance departments to issue guidance on a wide range of insurance-related topics. 

Below is a list of administrative materials, organized by jurisdiction, issued by U.S. state insurance departments to provide guidance to both the insurance industry and consumers relating to other insurance topics and COVID-19.

Indiana 

Maryland