{"data":{"id":"us-in/ic-27-1-15.6-13.5","jurisdiction":"us-in","citation":"IC 27-1-15.6-13.5","heading":"Applicability; disclosure to policyholder or subscriber; acknowledgment; submission to all payer claims data base; examination","body":"Sec. 13.5. (a) This section applies only to the following:\n(1) An individual, group, franchise, or blanket policy of accident and sickness insurance, as defined in IC 27-8-5-1. However, this section does not apply to the types of insurance and coverage described in IC 27-8-5-2.5(a).\n(2) An individual or group health maintenance organization contract entered into under IC 27-13.\n(b) As used in this section, \"third party administrator\" means a person who:\n(1) is licensed under IC 27-1-25; and\n(2) administers a policy of accident and sickness insurance described in subsection (a)(1) or a health maintenance organization contract described in subsection (a)(2).\n(c) Except as provided in subsection (f), an insurer that issues an insurance policy, a health maintenance organization that enters into a health maintenance organization contract, or a third party administrator shall disclose to the policyholder or subscriber in a separate written notification:\n(1) any commission, service fee, or brokerage fee that has been or will be paid to an insurance producer for selling, soliciting, or negotiating the policy or contract; and\n(2) whether the amount disclosed under subdivision (1) is based on a percentage of total plan premiums or a flat per member fee.\n(d) An insurer, a health maintenance organization, or a third party administrator shall provide a copy of the written notification described in subsection (c) to the policyholder or subscriber:\n(1) when the insurance policy is issued or the contract is entered into; and\n(2) each time the insurance policy or contract is renewed.\n(e) Each copy of a written notification described in subsection (c) must include a signature line on which the policyholder may sign to acknowledge receiving the written notification.\n(f) This section does not require the disclosure to the policyholder of a commission, service fee, or brokerage fee in connection with the issuance of an insurance policy if a federal law or regulation requires disclosure of the commission, service fee, or brokerage fee to the policyholder.\n(g) An insurer, a health maintenance organization, and a third party administrator shall submit the information described in subsection (c) to the executive director of the all payer claims data base established under IC 27-1-44.5 for inclusion in the data base.\n(h) The department shall perform an examination under IC 27-1-3.1 for any alleged violation of this section.","path":["TITLE 27. INSURANCE","ARTICLE 1. DEPARTMENT OF INSURANCE","Chapter 15.6. Insurance Producers"],"source_url":"https://iga.in.gov/ic/2026/Title_27.html#27-1-15.6-13.5","current_through":"2026","vintage":"2026","retrieved_at":"2026-09-25T05:39:04Z","sha256":"9f5aefb6170eafc1f9421f33b24c0f681cdfb37e9a82221816d33ea91597f540","source_id":"us-in","stale":false,"prev":"us-in/ic-27-1-15.6-13","next":"us-in/ic-27-1-15.6-13.6"},"notice":"GroundRules: Original legal text. Not legal advice."}