In conjunction with the Locke Lord COVID-19 task force, we are reviewing, analyzing, and compiling regulatory updates to provide clients easy access to information during this unprecedented time. If you have any questions on the subject matter below, do not hesitate to reach out. The information below relates to state and federal bulletins, emergency orders, pending/enacted legislation, and other related actions taken in response to the COVID-19 pandemic.

All Lines of Insurance

New Hampshire: On July 16, the New Hampshire Insurance Department issued Bulletin Ins. 20-059-AB, regarding Title 37 Financial Regulation Filing Requirements during the COVID-19 state of emergency. The Bulletin is directed to all domestic and foreign insurers.

Oregon: The Oregon Department of Consumer and Business Services/Workers’ Compensation Division issued a proposed rule notice to amend OAR 436-009-0004 modifying CPT codes when billing medical providers for coronavirus testing.

Health Insurance

Texas: On July 16, the Texas Department of Insurance (“TDI”) extended Emergency Rule TAC § 28 35.2, previously set to expire on July 29, to September 27. TAC § 28 35.2 requires health plans regulated by TDI to pay for a 90-day refill of covered medications regardless of when the prescription was last refilled and allow prescriptions to be filled at out-of-network pharmacies at no additional cost to the consumer, among other provisions regulated access to prescription drugs. The Emergency Rule doesn’t apply to self-insured employer plans, Medicare, workers’ compensation, or the state’s employee or teacher retirement plans.