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Prior Sessions

2020 Insurance Bills Passed Into Law


SB 551: Rebating / Donated Organs

Allows insurers and insurance producers to provide products or services in conjunction with a policy of property and casualty insurance for free, at a discount or at market value, if the products or services are intended to prevent or mitigate loss, provide loss control, reduce rates or claims, educate about risk of loss, monitor or assess risk, identify sources of risk, develop strategies for the elimination or reduction of risk, or provide post-loss services. Insurers or producers may offer gifts, goods, or merchandise containing advertising and promotional offers. These products or services shall not be considered an inducement to insurance, a rebate, nor any other impermissible consideration prohibited under law. These products or services are not required to be included in contract or policy form filings. Exempts commercial property and casualty insurers from the prohibitions against inducements to insurance, except with regard to any producer commission reduction not included in the insurer's rate filings.

Prohibits insurers from using a person's status as a living organ donor as a sole factor in the offering, issuance, cancellation, price, or conditions of an insurance policy including the amount of coverage provided under an insurance policy.

 

SB 591: Punitive Damages

Provides that punitive damages shall only be awarded if the plaintiff proves by clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others, and the plaintiff is awarded more than nominal damages. Punitive damages may be awarded against an employer due to an employee's conduct in certain situations.

 

HB 1963: Motorcycle Headgear

Provides that qualified operators who are 26 or older may operate a motorcycle without a helmet if he or she is covered by a health insurance policy or other form of insurance which will provide the person with medical benefits for injuries incurred as a result of a motorcycle accident. Proof of such coverage shall be provided on request of law enforcement by showing a copy of the qualified operator's insurance card. No person shall be stopped, inspected, or detained solely to determine compliance with these provisions.



SB 7: Venue for Insurance Company Actions

Specifies that an insurance company shall be deemed to reside in the county in which it maintains its registered office. A foreign insurance company without a registered office in any county in Missouri shall be deemed to reside in, and be a resident of, Cole County. Venue for claims in which there is a count against an insurer or for actions arising from an insurance contract shall be in the county where the insurer resides, or in the Missouri county where the insured's principal place of residence was located at the time of the insurance contract was issued. For uninsured or underinsured motorists, venue shall be in the county where the accident occurred if the accident occurred in Missouri. If the accident occurred outside of Missouri, venue shall be in the county where the insurer resides, or the Missouri county where the insured's principal place of residence was located at the time of the accident.

 

SB 30: Comparative Negligence – Seatbelts

Provides that in actions arising out the design, construction, manufacture, distribution, or sale of a motor vehicle factory equipped with a safety belt, failure to wear a safety belt by the plaintiff shall be admissible as evidence of comparative negligence or fault, causation, absence of a defect or hazard, and failure to mitigate damages.

SB 147: Motorcycle Headgear (Vetoed by Governor)

Provides that qualified operators who are 18 or older may operate a motorcycle without a helmet if he or she is covered by a health insurance policy or other form of insurance which will provide the person with medical benefits for injuries incurred as a result of a motorcycle accident. Proof of such coverage shall be provided on request of law enforcement by showing a copy of the qualified operator's insurance card.

SB 414: Missouri Health Insurance Innovation Task Force

Creates the "Missouri Health Insurance Innovation Task Force" with the purpose of soliciting concepts and making recommendations for a section 1332 innovation waiver application under the Affordable Care Act. The task force shall focus on improving access to health care, decreasing premiums, and increasing the number of carriers.

SB 514: MEWA Health Plans

Specifies that multiple-employer self-insured health plans may be offered or advertised to the public by insurance producers, provided the plan has a certificate of authority to transact business in the state. Health carriers acting as an administrator for a multiple-employer self-insured health plan shall permit any willing licensed broker to quote, sell, solicit, or market the plans, provided that the broker is appointed and in good standing with the health carrier and completes all required training.

 

HB 182: Interest Rates on Insurance Payments

Clarifies that insurance companies who voluntarily pay interest on any claim, refund, penalty or payment for which the appropriate interest rate is not already provided for by law, shall also calculate the interest rate pursuant to Section 32.065, but not to exceed 9%.



SB 594: Commercial Lines Deregulation

Exempts certain lines and endorsements of commercial insurance from requirements to file rates, rate plans, modifications, and manuals with the Department of Insurance and specifies that filings for other commercial lines and endorsements shall be filed for informational purposes within 10 days of their use.

Specifies that the commercial policies' forms are exempt from filing requirements if the commercial policyholder's annual commercial premiums total at least $100,000 and the policyholder employs a full-time risk manager or has retained a licensed insurance producer to negotiate on its behalf.

Policies exempt from these filing requirements shall include a notice that the policy may include rates or forms exempt from filing with the Department of Insurance.

Insurers renewing policies exempt from form filing requirements shall give notice at least 10 days prior to the policy's expiration date if, after renewal, there will be a material change in coverage not specifically requested by the insured, required by law, or based on change to the risk insured.

 

SB 708: Minimum Motor Vehicle Liability

Increases, from ten thousand dollars to twenty-five thousand dollars, the minimum motor vehicle liability coverage a person must carry for others' property when operating a motor vehicle.

Also requires written notice of a reduction in coverage to be provided to the insured no less than 15 days prior to the effective date of the proposed reduction. Such notice may be provided at the same time as written notice of policy renewal.

 

SB 981: Self-Insurance for Workers' Compensation

Provides that any group of political subdivisions qualified to self-insure their workers' compensation liability may choose either the average rate classification method or the filed rate method. The group may only change the method used once without the consent of the Director of the Division of Workers' Compensation.

 

HB 1531: Joinder / Interpleader Actions

Modifies the circumstances in which a party may be joined in a civil action. Clarifies that a plaintiff's insured may be joined as a defendant and required to interplead when the plaintiff may be exposed to multiple claims. The term "plaintiff" includes an insurance company when the multiple claims exceed the total limits of applicable coverage. Sets forth a procedure by which an insurer or risk management entity may timely deposit all applicable limits of coverage into court in an interpleader action, and will not be further liable for any amount in excess of its contractual limits of coverage so long as the insurer defends its insured from any further claim or lawsuit.

 

HB 1719: Professional Employer Organizations

Establishes regulations and registration requirements for professional employer organizations (PEOs). Requires all PEOs to be registered with the Secretary of State. Registration of PEOs may be done individually or as a group. At the time of registration, and every year thereafter, the PEO or PEO group must file with the Secretary of State an audit performed by an independent certified public accountant. A PEO may be eligible for limited registration if it meets certain requirements.


HB 130: Transportation Network Companies
Requires Transportation Network Companies (TNC) to notify drivers that they may have a contractual obligation to include the TNC as a loss payee on their insurance policy; also requires TNCs to perform criminal background checks on drivers. Does not affect insurance requirements previously passed in 2016 legislation.
 
HB 336: Life Insurance Suicide Exclusion
Currently, life insurance companies can exclude coverage for suicide for one year after the issuance of the policy.  This bill adds the exclusion to any additional riders, endorsements, or amendments added.
 
HB 339: Tort Claims
Addresses reservation of rights letters, often issued by an insurance carrier when the carrier believes more time is needed to decide if a claim is covered or not; specifies that if a person who has a claim for damages against an at-fault party enters into a contract with the at-fault party’s insurer, such person will, in consideration for payment of a specified amount of money and in case of judgment against the party, levy execution only up to the applicable monetary limits of the insurance contract.  Makes so-called "537.065 settlements" only available if the carrier has either declined coverage or has issued a reservation of rights letter. The carriers must also be given the opportunity to intervene within 30 days in any lawsuit relating to unliquidated claims for damages.
 
SB 31: Collateral Source Rule
Under the act, special damages claimed by the plaintiff at trial that have been satisfied by a payment from a defendant, the defendant's insurer, or authorized representative prior to trial are not recoverable. The defendant is entitled to deduct such payments towards special damages from any judgement as provided in current law and provides that parties may introduce evidence of the actual cost, rather than the value, of the medical care rendered. The collateral source doctrine allows for “double collection” of damages by prohibiting the admission of evidence that an injured party has already received compensation from the insurance carrier of the at-fault party.
 
SB 66: Workers' Compensation
This bill makes numerous changes to the Missouri workers’ compensation system. Among those areas addressed is the maximum number of weeks of benefits once the worker has reached “maximum medical improvement,” the reduction of compensation award based upon use of drugs, line of duty compensation, and death benefits and burial expenses. But the most notable area of the bill as it pertains to insurance agents in the ability for a shareholder of an S corporation with at least 40 percent or more interest in the S corporation to individually elect to reject coverage under the workers' compensation laws by providing a written notice of the rejection to the S corporation and its insurer. Members of limited liability companies were already provided the choice to individually reject coverage.
SB 613: Workers' Compensation
Permits volunteer fire protection associations to apply to the State Fire Marshal for grants for the purpose of funding the workers' compensation insurance premiums for the association's volunteer firefighters; changes the medical cost amount limit to 20% of the current split point of primary and excess losses under the uniform experience rating plan.
 
SB 700: Workers' Compensation
Exempts volunteers of qualified tax-exempt 501(c)(19) veterans' organizations from workers' compensation laws; permits volunteer fire protection associations to apply to the State Fire Marshal for grants for the purpose of funding the workers' compensation insurance premiums for the association's volunteer firefighters; and changes the medical cost amount limit to 20% of the current split point of primary and excess losses under the uniform experience rating plan.
 
SB 847: Collateral Source Rule
Modifies provisions relating to the collateral source rule and provides that parties may introduce evidence of the actual cost, rather than the value, of the medical care rendered; defendant is entitled to deduct such payments towards special damages from any judgment as provided. (Vetoed by Governor)
 
SB 865: Health Insurance Rates
Among other provisions, requires that health insurance carriers file rates with the Department of Insurance prior to use.
 
SB 947: Transportation Network Companies
Creates the insurance coverage requirements between a transportation network company (TNC) and a TNC driver who uses a personal vehicle to transport passengers for the TNC. Requires primary insurance coverage in amounts of $50,000/$100,000/$25,000 and uninsured motorist coverage in amounts not less than limits set forth in Section 379.203.
 
HB 1763: Workers' Compensation Large Deductible Plans
Requires all workers' compensation large deductible covered claims of an insolvent insurer to be turned over to the responsible guaranty association. (Governor's veto overridden)
 
HB 1976: Motor Vehicle Service Contracts
Expands the definition of "motor vehicle extended service contract" to include a contract or agreement for the repair of certain road hazard damages, replacement of a vehicle key or key fob, and other services approved by the Department of Insurance. Also allows a licensed person to operate an autocycle on highways and streets without a helmet as long as it is equipped with a roof that meets established standards for protective headgear. (Governor's veto overridden)
 
HB 2150: Unclaimed Life Insurance Policies
Requires life insurance companies to compare policies, annuities, and accounts against a death master file for potential matches and to either pay beneficiaries or remit unclaimed benefits to state treasurer.
 
HB 2194: Policy Transfer Among Affiliate Insurance Companies
Specifies that when an insurer transfers an insurance policy among affiliated insurers within an insurance holding company that it is not considered to be a cancellation or nonrenewal. This bill also establshes a regulatory system for self-storage insurance and the selling of such policies.
SB 145: Treatment of Eating Disorders
Requires health benefit plans delivered, issued for delivery, continued or renewed on or after January 1, 2017, in accordance with current law requirements for coverage of mental health disorders, to provide coverage for the diagnosis and treatment of eating disorders.
 
SB 164: Financial Transactions
Exempts in bankruptcy proceedings life insurance proceeds for the burial of a family member, modifies insurance foreign investment limits, changes the requirements for the valuation of reserves for life insurance, and modifies provisions regarding qualified spousal trusts.
 
SB 392: Fraternal Benefit Society Agents
Modifies which members of fraternal benefit societies are exempt from insurance agent licensing.
 
HB 50: Insurance Holding Company and Own Risk Solvency Assessment
Expands the authority of the Director of the Department of Insurance to assess the financial stability and risk of insurance holding companies.
 
HB 391: Automobile Insurance Notices
Requires any insurer canceling, refusing to renew, or refusing to write a policy of automobile insurance to send written notice by United States Postal Service certificate of mailing, first class mail using Intelligent Mail barcode (IMb), or another mail tracking method used, approved, or accepted by the United States Postal Service.
 
HB 709: Department of Insurance Regulation
Changes the laws regarding entities regulated by the Department of Insurance, Financial Institutions and Professional Registration, including allowing the Department to issue informational documents to educate the public and provide regulatory guidance.
 
HB 1022: Return of Premiums to Insureds
Allows a casualty insurer to return or refund a portion of its expense savings to an insured if the insured makes no reportable claim under specified coverages within a prescribed period of time established by the insurer, regardless of whether the claim is due to the fault of the insured.
SB 606: Prepaid Legal Service Plans
This act repeals provisions of law requiring a person who solicits membership on behalf of a prepaid legal services plan to be licensed as an insurance agent. The act provides that any person who solicits memberships on behalf of a prepaid legal services plan must disclose to the consumer in writing that a prepaid legal services plan is not regulated by the Department of Insurance, Financial Institutions and Professional Registration. 
 
SB 609: Electronic Insurance Documents
This act states that certain provisions of current law regarding the sending of insurance documents by electronic means shall apply to notices and documents issued by certain mutual property insurance companies and non-life insurance companies, as well as to certain life insurance products. The provisions of current law regarding such electronic sending of documents shall not be construed to limit provisions of current law regarding a health insurance enrollee's right to receive certain documents in a certain format.
 
SB 610: Consumer Protections
Currently, consumer protections against predatory business practices by building contractors are only afforded to owners of residential property. This act expands those consumer protections to owners of commercial properties. 
 
SB 668: Oral Chemotherapy
This act requires that insurers that offer benefits for cancer treatment offer oral anticancer medication at terms at least as favorable as intravenously administered anticancer medications. Health benefit plans can be in compliance with this section if orally prescribed anticancer medications are offered at a rate that limits total out-of-pocket costs to seventy-five dollars for a thirty day period, and high deductible plans can meet these compliance terms after the satisfaction of the annual deductible. 
 
SB 691: Insurance Policies - Notice of Cancellation and Sinkhole Coverage
This act modifies insurance policy cancellation requirements by making any notice of cancellation constitute a present and unequivocal act of cancellation of the policy. This act also requires that notification of cancellation for nonpayment of premiums must include a specific notice in bold conspicuous type. This act allows an insurer to reinstate a policy at any time after a notice of cancellation is issued if the reason for the cancellation is remedied and specifies the communications an insurer may send to the insured. This act also permits insurers to issue policies exclusively for sinkhole loss on habitational property upon application under the "Missouri Basic Property Insurance Inspection and Placement Program." Specific procedures for sinkhole loss claims investigation and expedited approval may be established by plans in addition to the procedures required under the Missouri Basic Property Inspection and Placement Program.
 
SB 794: Insurance Regulation - Banks, Insurance Company Investments and Pre-Need Policies
Currently, Missouri banks and trust companies with trust powers, and national banks with trust powers under United States laws with their principal place of business in Missouri, are authorized to transfer fiduciary obligations consisting only of irrevocable life insurance trusts to the Missouri trust office of an out of state bank with trust powers or to an out of state trust company. This act allows all banks, trust companies, and national banks with trust powers, regardless of location, to transfer those obligations to any such banks and trust companies. Currently certain life insurance producers are exempt from continuing education requirements when dealing exclusively in life insurance polices and annuities designated by the purchaser for the payment of funeral or burial expenses if the initial face amount is less than five thousand and ten thousand dollars respectively. This act increases the maximum amount to fifteen thousand dollars for such policies and annuities. The act also increases the allowable percentage of assets that an insurance holding company may invest in subsidiaries from 5% to 10%. 
 
SCR 31: Terrorism Risk Insurance
This resolution supports reauthorization of federally provided terrorism reinsurance for insurers by the United States Congress to maintain stability in the insurance and reinsurance markets. 
 
HB 1361: Domestic Surplus Lines Insurers
This bill specifies that a nonadmitted insurer that is domiciled in this state must be deemed a domestic surplus lines insurer if the insurer possesses a policyholder surplus of at least $20 million, is an approved or eligible surplus lines insurer in at least one jurisdiction other than this state, the board of directors of the insurer has passed a resolution seeking to be a domestic surplus lines insurer in Missouri, and the Director of the Department of Insurance, Financial Institutions and Professional Registration has given written approval for the insurer to be a domestic surplus lines insurer. A domestic surplus lines insurer is deemed an eligible surplus lines insurer authorized to write any type of policy that a nonadmitted insurer not domiciled in Missouri is eligible to write. The policies issued in this state must be subject to taxes assessed on surplus lines policies issued by nonadmitted insurers, including the surplus premium lines tax under Section 384.059, RSMo, but will not be subject to other taxes levied on admitted insurers whether domestic or foreign, including taxes imposed under Section 148.320. A policy issued by a domestic surplus lines insurer is not subject to the protections or other provisions of the Missouri Property and Casualty Insurance Guaranty Association Act or the Missouri Life and Health Insurance Guaranty Association Act. All financial and solvency requirements imposed under specified provisions on domestic admitted insurers must apply to domestic surplus lines insurers unless specifically exempted. A domestic surplus lines insurer must be exempt from all statutory requirements regarding rating plans, policy forms, policy cancellation and non-renewal, and premiums charged to the insured in the same manner and to the same extent as a nonadmitted insurer domiciled in another state. 
 
HB 1968: Health Organizations
This bill changes, from not less than once every three years to not less than once every five years, when the Director of the Department of Insurance, Financial Institutions and Professional Registration, or any duly appointed representative, must make an examination of the affairs of a health maintenance organization. It also adds definitions for a health organization, a domestic health organization, and a foreign health organization. The bill adds a health organization to the entities subject to risk-based capital examination, analysis, and regulation under Sections 375.1250 to 375.1275, RSMo. A health organization's risk-based capital must be determined in accordance with the specified formula that must take into account and may adjust for the covariance between asset risk, credit risk, underwriting risk, and other business risks. A foreign health organization must comply with the same regulatory requirements a foreign insurer is currently subject to under Section 375.1270. The bill allows the department director to share documents, materials, or other information, including the confidential and privileged documents filed as part of a risk-based capital analysis, with other specified regulatory bodies if the recipient agrees to maintain the confidentiality and privileged status of the information. The department director may exempt a domestic health organization from the risk-based credit examination requirements if it meets specified conditions. The bill specifies the requirements that must apply for risk-based capital reports that must be filed by health organizations with respect to 2014 in lieu of specified provisions of the bill.
SB 1: Workers' Compensation
Addresses the insolvency of the Second Injury Fund and corrects an onerous Western District Court ruling by clarifying that occupational diseases are covered under Missouri's workers' compensation statute.
  
SB 59: Missouri Life and Health Guaranty Association
Increases the limits of coverage for the Life and Health Guaranty Association to reflect more modern amounts and conform to the nationwide model recommendations.
 
SB 159: Physical Therapy
Requires parity between the out-of-pocket expenses charged for physical therapist services and the out-of-pocket expenses charged for similar services provided by primary care physicians.
 
SB 161: Coverage Mandates
Requires actuarial analyses to be performed to determine potential costs of instituting oral anti-cancer parity and eating disorders mandate.
 
SB 262: Regulation and Licensing of Navigators
Provides statutory authority for the Department of Insurance, Financial Institutions and Professional Registration to regulate and license navigators who provide assistance to people relating to enrollment in the health exchange created under the Patient Protection and Affordable Care Act. Provides that navigators may not engage in conduct that requires licensing as a producer without being so licensed. 
 
SB 287: Sponsored Captives
Modifies Missouri's current captive insurance law to allow for the formation of sponsored captive insurance companies.
 
HB 133: Reinsurance Accreditation
Changes the laws regarding the accreditation requirements for reinsurance companies and specifies when an insurance company can take credit or reduce liability due to reinsurance.
 
HB 322: Electronic Policy Delivery
Allows consumers to opt in for electronic delivery of insurance policies or to access policies and endorsements on insurer websites. Provides that consumers may provide proof of motor vehicle insurance coverage to law enforcement officials on mobile electronic devices.
 
HB 339: No-Pay, No-Play
Requires an uninsured motorist to forfeit recovery of noneconomic loss under specified circumstances.
HB 1540: Workplace Injuries
Corrects onerous Western District Court Ruling (Hooker v. Robinson) which allowed employees to sue their co-employees for workplace injuries even after collecting workers' compensation benefits. HB 1540 specifies that co-employees may not be held liable except in cases of affirmative negligence that purposefully and dangerously causes or increases the risk of injury.

HB 1495 : Immunity
Expands immunity against civil actions for insurance providers and other entities that provide information to law enforcement and regulatory agencies in conjunction with insurance fraud investigations.
HB 407: Certificates of Insurance
Requires certificates of insurance to be filed with the Department of Insurance, Financial Institutions, and Professional Registration. Provides guidelines and restrictions relating to the content, preparation, issuance and modification of certificates of insurance.

SB 101: Storm Chasers
Prohibits contractors who perform residential exterior work from offering to pay a homeowner's deductible. Prohibits contactors from representing homeowners or negotiating with insurers on behalf of homeowners. Allows homeowners to cancel contracts for residential work after being notified by an insurer that all or part of the work will not be covered by a policy.

SB 132: Insurance Regulatory Revisons
Provides for the regulation of motor vehicle extended service contracts by the Department of Insurance, Financial Institutions and Professional Registration. Specifies provisions for the licensing, sale and content of insurance for portable electronic devices. Adopts provisions to comply with federal law relating to the licensing, taxation and regulation of surplus lines insurance.

HB 1311: Autism Spectrum Disorders
Requires all group health benefit plans that are issued or renewed on or after January 1, 2011 to provide coverage for the diagnosis and treatment of autism disorders. Mandatory coverage is capped at $40,000 annually and only applies to dependents through 18 years of age.

HB 1498: Payment of Health Insurance Claims
Changes the laws regarding the payment of health insurance claims. The bill contains provisions relating to documentation of denied claims, time limits for carriers to communicate with insureds and health care providers, and penalties for unprocessed claims.

HB 1764: Health Care Freedom Act
Is a broad, insurance-related bill that includes the Health Care Freedom Act, which would prohibit any law from forcing a patient, employer or health care provider to participate in any government or private health care system. This issue will be placed on the August ballot for Missouri voters.

SB 583: Insurance Regulatory Issues
Requires non-resident drivers to maintain financial responsibility in compliance with their home state. Establishes standards for the director of the DIFP to determine if an insurer is operating in a hazardous financial condition. Allows health benefit plan enrollees, upon request, to receive materials from a managed care entity in electronic form. Mandates that health plans must provide coverage for adopted children on the same basis as other dependents. Requires that unearned premiums from Medicare supplement or long-term care policies be refunded within 20 days.

SB 834: Liquidation and Dissolution of Domestic Stock Insurers
Allows a domestic stock insurer to voluntarily dissolve and liquidate provided that the Director of the Department of Insurance approves the articles of dissolution.

SB 126: Life Insurance
Prohibits life insurers from taking underwriting actions or charging different rates based upon a person's past or future lawful travel destinations unless such action is based upon sound actuarial principles.
 
HB 62: Crime
Specifies that the owner of a dog that bites without provocation is strictly liable for damages; establishes crimes for knowingly producing, manufacturing, selling, distributing or possessing fraudulent auto insurance identification cards; prohibits persons 21 or younger from texting while driving; requires Missouri businesses to notify consumers of security breaches; and establishes penalties for securities fraud against the elderly or disabled.
 
HB 231: Continuation of Health Coverage
Requires all group health policies to provide continuation of coverage provisions in the same manner as provided by COBRA.
 
HB 577: Omnibus Insurance Issues
Clarifies that insurers that pay premium taxes are exempt from Missouri income and franchise taxes; establishes crimes for knowingly producing, manufacturing, selling, distributing or possessing fraudulent auto insurance identification cards; authorizes Missouri’s participation in the Interstate Insurance Product Regulation Compact for filing of life, disability, annuity and long-term care products; changes surplus lines license renewals from annual to biennial; changes surplus lines tax reporting requirements and provides for surplus lines taxes to be paid directly to the Department of Revenue; requires health plans to offer coverage for prosthetic devices and services; prohibits life insurers from taking underwriting actions or charging different rates based upon a person’s past or future lawful travel destinations unless such action is based on sound actuarial principles; prohibits health insurers from imposing any co-payment that exceeds fifty percent of a single chiropractic service; and amends requirements related to the formation of captive insurance companies.
 
HB 919: Health Insurance 
Authorizes association health plans to provide group health insurance to sole proprietors and self-employed individuals.
SB 788: Department of Insurance
Codifies executive order bringing Finance, Professional Registration, Credit Unions and other regulatory divisions under the Department of Insurance and re-naming it as the Department of Insurance, Financial Institutions and Professional Registration.
 
SB 863: Income Tax for Educational Plans
Allows for deductibility from Missouri income tax up to $16,000 for married taxpayers contributing to Section 529 educational savings plans.
 
SB 907: Motor Fuel Storage Tanks and Equipment
Establishes the Petroleum Storage Tank Insurance Fund as a Type III state agency. Added aggregate limit of $2 million to coverage requirements, extended expiration date of the fund to 2010 and adjusted the fees for participation in the fund.
 
HB 1690: Auto Renewal Notices
Allows insurers to make web-based rate and form filings and authorized insurers to send auto renewal notices electronically so long as the policyholder "opts-in" and requests that renewal notices be sent in such a manner.
 
HB 1883: Employment Practices
A bill dealing with employment practices, included a provision relating to workers' compensation to abrogate the Missouri Supreme Court "Schoemehl" decision by specifying that the right for workers' compensation benefits terminates upon an injured employee's death.
HB 791: Group Health Loss Data
Requires health carriers to provide a report of the total dollar amount and the total number of claims paid under the plan for a three-year period.
 
HB 818: Health Insurance
Modifies the Missouri Health Insurance Pool and establishes the Missouri Health Insurance Portability and Accessibility Act.
 
SB 66: Department of Insurance Enforcement Powers
Modifies various provisions of law relating to insurance company investments.
 
SB 215: Captive Insurance Companies
Allows for the formation of captive insurance companies within Missouri under certain conditions.
 
SB 577: Continuing Health Improvement Act
Enacts the “Missouri Health Improvement Act of 2007.”
HB 1827: Group Health Insurance
Allows associations with at least 50 members to create health insurance plans for members and provides that the Director of the Department of Insurance may allow rates charged for similar classes of business to exceed the 20% limitation imposed by the Small Group Health Insurance Act.
 
HB 1837: Medical Malpractice Insurance and Enforcement Powers of the Department of Insurance
Increases financial and reporting requirements for Chapter 383 Medical Malpractice Companies. Grants the Department of Insurance increased enforcement authority over Chapter 383 companies.
 
SB 567: Modifies Laws on Health Insurance Coverage
Authorizes premium credits for non-smokers. Requires health insurance companies to provide coverage for phase II clinical trials. Provides that health insurers may only apply a single co-payment on a prescription if a single dosage is not available and a combination of dosage amounts must be dispensed.
 
SB 837: Modifies the Membership Requirements
This act modifies the membership requirements for the board of directors of the Missouri Health Insurance Pool, the membership of the governing committee that administers the Missouri Basic Property Insurance Inspection and Placement Program and modifies the membership of board of directors that governs the Missouri Malpractice Joint Underwriting Association.
SB 1: Work Comp Reforms 
This bill amends various provisions of workers' compensation law, including modified definitions of the terms "accident" and "injury."
 
HB 393: Tort Reforms 
Amends state laws affecting claims for damages and their payment, and establishes venue in all tort actions.
 
HB 866: Insurance Fraud
Increases the penalties for those who engage in fraudulent actions with respect to an insurance transaction. (MAIA favored with reservations)
 
HB 388: Department of Insurance Records
Defines certain documents provided to the Department of Insurance as non-public documents, including detailed information in consumer complaint files and information submitted by an insurer or producer in conjunction with investigations. Allows the Department to make such documents available to other governmental entities or courts.
 
SB 168: Construction Defects in Residential Property
Creates a process to resolve disputes arising out of alleged construction defects in residential property. This act permits contractors to repair construction defects prior to the commencement of litigation.
SB 1299: This omnibus insurance bill was the Missouri Association of Insurance Agents' and the Missouri Insurance Coalition's (insurance companies) major legislation in 2004. Passage of this bill was a major win for MAIA because it ...
  • Increases the amount the Missouri P&C Guaranty Association will pay for return premiums to $25,000 (was $10,000) and now allows payments for "pain and suffering" up to the limits of the policy. Pain and suffering was previously excluded.
  • Increases the available limits for a home in the FAIR Plan to $200,000 (was $100,000).
  • Establishes the minimum term of an automobile policy at six months.
  • No longer requires surplus lines licensees to post a bond.
HB 1291 and SB 1086: Under these bills, lenders of residential mortgages are prohibited from requiring borrowers to purchase homeowners' insurance coverage in an amount exceeding the replacement value of improvements and contents. The law took effect Aug. 24, 2004. MAIA favored the bill.
HB 254: This bill repealed the Missouri Digital Signatures Act (Sections 28.600 - 28.678, RSMo) and enacted the provisions of the Uniform Electronic Transactions Act, making electronic transactions as enforceable as traditional paper transactions if the parties agree to transact electronically. The act does not apply to the creation and execution of wills, codicils, and testamentary trusts or to transactions subject to the Uniform Commercial Code, except for sales (Article 2) and leases (Article 2A).

HB 314: This bill prohibits public entities and persons acting on behalf of public entities from requiring bidders and contractors on public works construction projects to obtain surety bonds from specific insurance or surety companies.

SCS HCS HB 380: This bill substantially revised and modernized the securities regulation laws, incorporating many provisions of the Uniform Securities Act. In its main provisions, the bill:

  1. Authorizes the Secretary of State to seek court orders requiring violators to disgorge illicit profits, pay restitution, and pay into the Investor Education and Protection Fund, which the bill establishes;
  2. Increases criminal fines to $1 million;
  3. Requires banks with on-premise brokerage firms to comply with federal rules;
  4. Modernizes, simplifies, and broadens exemptions from securities registration with the state;
  5. Promotes consistency with other states and the Securities and Exchange Commission in the definition of "security";
  6. Authorizes civil prosecution of individuals who materially aid in violations; and
  7. Adds civil penalties of $10,000 for one violation and up to $1 million for more than one violation.

CCS SS SS SCS HCS HB 600: This bill enacted various changes relating to taxation. Included is a provision that requires a tax clearance from the Department of Revenue prior to the issuance or renewal of any professional license granted by the state.

SB 207: This act modified the law regarding damage claims by rental companies. Under this act, all damage claims made by a rental company must be reasonably and rationally related to the actual loss incurred. Rental companies shall not assert a claim for damages which exceeds: (1) the actual cash value of the vehicle less any proceeds from the disposal of the vehicle, or (2) the actual cost to repair the vehicle including all discounts or price reductions, whichever is less.

The renter shall be presumed to have no liability for loss due to theft if an authorized driver has possession of the key or establishes the key was not in the ignition and the authorized driver promptly files a police report on the theft.  

HCS SCS SB 385: Modified how taxes are calculated for workers' compensation policies with deductible options. This act establishes that when calculating administrative surcharges, the amount shall be based upon the total premiums that would have been paid for the deductible portion. The portion of the workers' compensation policy with a deductible option that is subject to an administrative surcharge shall not be subject to premium taxes, nor with respect to foreign insurance companies, or the retaliatory tax imposed pursuant to Section 375.916, RSMo.
 
In order to fund the Workers Compensation Division, the Division Director may impose a surcharge on every workers' compensation deductible plan policyholder insured pursuant to Chapter 287, RSMo. Sections 287.716, and 287.717, RSMo, set out procedures regarding the calculation and application of the surcharge. 
HB 1502: Credit Scoring
This was MAIA's major priority legislation. Among other things, the bill:
 • Prohibits insurers from using credit information or the lack thereof as the sole factor in underwriting.
 • Provides guidance to consumers on how to obtain their credit reports and how to challenge unfavorable or disputed information, and
 • Clarifies that consumers are not damaging their credit histories simply by shopping for insurance. Effective 7/1/03
 
HB 1468: Commercial Deregulation and Guaranty Assn. Changes
This bill includes a "clean-up" of the commercial deregulation law that passed in 2001. It would more efficiently implement the current law. It also makes minor changes to allow the Guaranty Association to accept claim forms from liquidators. (They previously required that their claim forms be used.) Effective 8/28/02
 
HB 1532: Dram Shop Bill
Restores "dram shop" immunity in Missouri except for serving a minor or an obviously intoxicated person. Effective 8/28/02.