The Ohio Department of Insurance (ODI) recently issued Bulletin 2019-05 which provides guidance to insurance agents who wish to give promotional or advertising items to potential insureds or insureds in exchange for the opportunity to market insurance products. This bulletin supersedes, replaces and rescinds Bulletin 2009-13 which was issued in 2009 by then ODI Superintendent Mary Jo Hudson.
While the content of the updated bulletin is relatively the same as it had been in past years which generally provides that ODI does not interpret the offering of promotional and advertising items, or meals to be an unfair inducement provided the item does not exceed $50 and is not tied to the purchase of an insurance product, it does provide significant clarification for agents who want to hold contests, raffles and drawings.
The updated bulletin contains language to address contests, raffles and drawings that involve a prize in excess of $50. The bulletin clarifies that as long as the raffle or drawing is open to the general public where all participants are given a free chance to win, so long as it is not tied to the sale or solicitation of insurance and no purchase or renewal of insurance is required to enter, win, or claim the prize, it is not considered an unlawful solicitation or promotion even if the gift exceeds $50 in value. Bottomline: you can hold a contest, raffle or drawing with a prize that is worth more than $50 as long as it is open to everyone and participation is not contingent on the person obtaining a quote or purchasing or renewing a policy.
OIA routinely receives questions about rebating and inducements. If you have questions, contact Carolyn Mangas at email@example.com.
The Ohio Insurance Agents Association, Inc. (OIA) provides this information with the express understanding that 1) no attorney-client relationship exists, 2) neither OIA nor its attorneys are engaged in providing legal advice and 3) that the information is of a general character. You should not rely on this information when dealing with personal or professional legal matters; rather, seek legal advice from retained legal counsel.
A few days before his official swearing in, Gov. DeWine made appointments to fill nearly his entire cabinet. All cabinet appointees are new to their roles, with the exception of Jillian Froment, who DeWine reappointed to continue to serve as the Director of the Ohio Department of Insurance.
Director Froment has spent the past eight years at the Ohio Department of Insurance in several high-level positions including Assistant Director, Chief Administrative Officer and Deputy Director. In May of 2017, Gov. Kasich appointed her Director.
In addition to serving as the head of ODI, Froment serves in prominent leadership roles for two national insurance organizations focused on consumer protection and the modernization of state insurance regulation. In November, it was announced that she was re-elected chair of the Interstate Insurance Product Regulation Commission as well as secretary-treasurer of the National Association of Insurance Commissioners Midwest Zone.
Gov. DeWine also appointed Stephanie McCloud to head the Ohio Bureau of Workers’ Compensation. McCloud is a veteran executive with a diverse background that includes 20 years of experience in public administration and workers' compensation. She most recently served as senior vice president at Sedgwick Claims Management Services while managing her private Columbus law firm, McCloud Law LLC.
McCloud began her career as a staff attorney at BWC before serving as legal counsel to both former Governor George Voinovich and the Ohio Department of Transportation. She later joined the office of former Attorney General Jim Petro, first as senior deputy attorney general before advancing to chief counsel.
In addition to these developments, Larry Householder was elected earlier this month to serve as the Speaker of the Ohio House of Representatives. Given this change, it is not yet known who will be named to lead the House Insurance Committee. Senate legislative committee announcements are also forthcoming from Larry Obhof, who was re-elected by his peers to serve once again as the Senate President.
What’s ahead in 2019?
As is the norm in the start of a new General Assembly, the first order of business will be the next two-year budget.
As for insurance issues, another attempt will likely be made to pass legislation to help OIA members who write group health insurance by requiring health insurance companies to provide claims data to those with fifty or more enrolled employees in their group. Unfortunately, Senate Bill 227, which would have achieved this, failed to make it across the finish line in December before the end of the last legislative session – mostly due to running out of time.
OIA supports this initiative, along with other groups such as the Ohio Association of Health Underwriters and the National Federation of Independent Business, because allowing risk advisors and employers access to claims data will help Ohio employers to properly assess their health care options and make better coverage decisions.
In addition, guidance and rules are yet to be developed by the Ohio Department of Insurance for the new insurance-specific Ohio cyber law. This law has several provisions, including investigation and breach requirements that all agencies, regardless of size, will be required to comply with should they learn that a cybersecurity event has or may have occurred. In certain instances, notification of a breach may even be required to the Ohio Department of Insurance.
Large agencies will also be required to develop and maintain a comprehensive written cybersecurity plan and exercise due-diligence requirements over third-party service providers.
An effective date is not yet available for Senate Bill 273, but it will likely be around mid-March. Stay tuned -- OIA will continue to keep you informed on these new cyber requirements as more information becomes available.
Learn more about SB 273.
Ohio insurance agencies with a business entity license through the Ohio Department of Insurance (ODI) must renew their licenses by Sept. 30.
Licensed insurance entities may submit a renewal application as early as 90 days prior to the license expiration date.
Business entities should renew the license electronically using the NAIC electronic application found at nipr.com. Instructions to help you renew your license can be found here.
Reminder: Business Entity License Changes Must Be Reported Within 30 Days
Are you aware that changes to your business entity license information must be reported to ODI within 30 days?
ODI requires that any change in a business entity name, address, email, licensed agents, officers, directors, members, or owners, with a 10 percent or more voting interest in the agency, must be reported within 30 days of such a change.
To check your business entity’s information, use ODI’s Agent/Agency Locator.
To make any changes to your business entity license, click here.
Update business entity license
Contact Carolyn Mangas, Government Affairs Manager, at (800) 555-1742.