Insurance Business and Regulatory News
Insurance Business and Regulatory News    

Insurance Business & Regulatory News


Winter 2009

This newsletter is prepared as a source of general information concerning recent insurance business and regulatory law developments. If you would like more information, please contact a member of our Insurance Business and Regulatory Law group. For a printable version of this newsletter, click here.

In this Issue

Attorneys in the Insurance Group

Steven L. Imber (Chair)
Overland Park
(913) 234-7469

Jeanie A. Botkin
Kansas City
(816) 360-4110

Jeffery S. Bottenberg
(785) 233-1446

Gerald W. Brenneman
Kansas City
(816) 360-4221

Justin T. Liby
Overland Park
(913) 234-7427

Lauren E. Tucker McCubbin
Kansas City
(816) 360-4116

Jennifer L. Osborn
Overland Park
(913) 234-7472

August N. Rechtien
Kansas City
(816) 360-4366

William W. Sneed
(785) 233-1446

Robert B. Sullivan
Kansas City
(816) 360-4151

Lisa A. Weixelman
Kansas City
(816) 360-4315


New Operational Review and On-Site Audit Requirements in Texas

By Steven L. Imber

On June 25, 2009, several new regulations governing third party administrators (TPAs) in Texas became effective. The new Texas TPA regulations are unique, as they impose an affirmative obligation on insurers licensed in Texas to conduct operational reviews and on-site audits of any TPAs they utilize for life, health, accident, or workers’ compensation business in Texas.

[ Read more ]

Holding Company Laws: Practical Considerations for Form D Affiliated Transaction Filings

By Jeanie A. Botkin

This is the second in a series of articles on holding company laws. These laws control most corporate transactions involving an insurance company, including acquisitions, mergers, dividend payments and services contracts, as well as other types of affiliated agreements.

[ Read more ]

The Effects of Flu Pandemics on the Insurance Industry

By Jennifer L. Osborn

Pandemic flus, which can cause serious illness and death throughout the global population, have been the subject of serious study by the insurance industry. In order to understand this concern, this article briefly discusses the nature of pandemic flus and the recent history of flu pandemics and pandemic threats. Following this discussion, this article will examine some predictions with respect to the effects of a pandemic on the life and health insurance industries.

[ Read more ]

Spotlight: Missouri and Kansas

Missouri Activity: On September 24, 2009, Missouri Governor Jay Nixon issued an executive order titled “Prompt Pay for Healthy Missouri Project” to examine the issues relating to timely reimbursement of Missouri hospitals and healthcare providers by health insurance companies.

Kansas Activity: The Kansas Insurance Department recently adopted the proposed amendment to K.A.R. 40-1-38, which replaces the June 1985 model regulation pertaining to standards for insurance companies deemed to be in hazardous financial condition with the Kansas Insurance Department’s “policy and procedure for companies deemed to be in hazardous financial condition,” dated August 4, 2009.

[ Read more ]

NAIC Corner

Antifraud Plan Guidelines and Training

By Justin T. Liby

In 2008, the Antifraud Liaison Working Group issued the first draft of a proposed Model Antifraud Plan Guideline designed to act as a supplement to the insurance fraud prevention model law. During the Fall NAIC Meeting, the Working Group announced its intention to make a second draft of the Guidelines available for public comment prior to or during the Winter NAIC Meeting.

[ Read more ]

For More Information

About Polsinelli Shughart's

Insurance Business and Regulatory Law Group

With decades of experience assisting the insurance industry with corporate transactions and various compliance and regulatory issues across the country, the Insurance Business and Regulatory Law group at Polsinelli Shughart PC has the experience to provide outstanding services to this industry.

With four former state insurance department attorneys, including two who served as General Counsel, and five attorneys who were former in-house counsel to various insurance organizations, our Insurance Business and Regulatory Law attorneys understand the unique needs of our insurance clients on matters involving state insurance departments, state Attorneys General, and other state and federal regulatory agencies. To learn more about our services, click here.

To learn more about our firm, you can visit our Web site at


If you have questions about, or would like more information regarding, any of the articles which appear in this newsletter, please contact the author or any member of our Insurance Business and Regulatory Law group.

For a printable version of this newsletter, click here.

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