in-20250611-IR-760250163SNA: The Department of Insurance (department) is soliciting public comment on adding rules at 760 IAC 6 concerning fees, fines, and civil penalties assessed to entities regulated by the department. The department seeks comment on the affected citations listed and any other provisions of Title 760 that may be affected by this rulemaking.

Notice of Second Public Comment Period LSA Document #25-163 Sec. 1. This rule applies to fees imposed by the department that are not otherwise set as a specific amount in Indiana Code or rule. Sec. 2. The commissioner may impose an administrative fee calculated under IC 27-1-6-21(c)(2) to a domestic insurer in an amount not less than twenty-five thousand dollars ($25,000), but not more than one hundred thousand dollars ($100,000), each year after considering the following: Sec. 3. Insurance producer prelicensing fees are as follows: Sec. 4. Bail agent prelicensing and continuing education course provider license fees are forty dollars ($40) for each course application and renewal application. Sec. 5. Temporary emergency independent adjuster license fees are twenty dollars ($20) for each application. Sec. 6. Insurance administrator fees are as follows: Sec. 7. Navigator and application organization fees are as follows: Sec. 8. Foreign risk retention groups shall submit a filing fee of one hundred ten dollars ($110) to accompany a statement of registration submitted to the department under IC 27-7-10-14. Sec. 9. (a) Beginning July 1, 2024, the annual surcharge for a physician electing to become a qualified provider is as follows: (b) Beginning July 1, 2024, surcharge calculations for a hospital electing to become a qualified provider are as follows: Sec. 1. This rule applies to fines and civil penalties imposed by the department that are not otherwise set as a specific amount in Indiana Code or rule. Sec. 2. For purposes of assessing fines and civil penalties, the commissioner shall: Sec. 3. The amount of a fine or civil penalty may be adjusted downward from the base amount set forth in section 5 of this rule to reflect particular mitigating factors. The commissioner may consider the following factors: Sec. 4. (a) The amount of a fine or civil penalty may be adjusted upward from the base amount set forth in section 5 of this rule to reflect aggravating factors. The commissioner may consider the following factors: (b) Whenever an aggravating factor is identified, the corresponding fine or civil penalty outlined under section 5 of this rule may be increased by any amount, up to and including five (5) times for each violation. However, the amount assessed for each violation may not exceed the amounts set forth in applicable law. Sec. 5. The following are base violation fines and civil penalties, which may be adjusted to a higher or lower amount based on mitigating or aggravating factors set forth in sections 3 and 4 of this rule: Sec. 6. This rule does not require the commissioner to assess a civil penalty for a violation.