Arizona 2022 2022 Regular Session

Arizona Senate Bill SB1118 Comm Sub / Analysis

Filed 06/22/2022

                      	SB 1118 
Initials PRB 	Page 1 	House Engrossed 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-fifth Legislature 
Second Regular Session 
Senate: FIN DPA 10-0-0-0 | 3
rd
 Read 28-0-2-0 
House: COM DPA 10-0-0-0 
 
SB 1118: insurance; fees; consent; medicare supplement 
Sponsor: Senator Livingston, LD 22 
House Engrossed 
Overview 
Makes various changes to statutes relating to electronic communications, Medicare supplement 
insurance, title insurance agencies. 
History 
An insurer may deliver a notice or document to a party by electronic means if the party 
electronically consents to that method of electronic delivery. An insured is deemed to have 
consented to receive notices and documents electronically if the insured effectuates insurance 
transactions by electronic means. An oral communication or a recording of an oral communication 
does not qualify as consent to deliver a notice or document by electronic means (A.R.S. § 20-
239).  
Title insurance: a) insures owners of real property against loss or damage suffered by reasons of 
liens, encumbrances upon, defects in or the unmarketability of the title to such property; or b)  
insures the correctness of searches relating to the title to real property (A.R.S. § 20-1562). 
An agent for a title insurer is prohibited from adopting a corporate or business name containing 
certain words or phrases indicating that the agent in the business of title insurance, unless those 
words are followed by agent or agency (A.R.S. § 20-1583). 
Provisions 
1. Removes the minimum amount of the nonrefundable fee for a certificate of director, under 
seal. (Sec. 1) 
2. Allows a specified oral communication as a means of consent for an insurer to deliver a notice 
or document by electronic means. (Sec. 2)  
3. Specifies the oral consent to deliver a notice or document electronically applies only to an 
agreement to the use of electronic communication with the insurer and is not an agreement 
by the insured to any other insurance matter. (Sec. 2) 
4. Changes the definition of advisory organizations to mean a person who assists two or more 
insurers or rate services organizations in the making of rates. (Sec. 3) 
5. Permits an insurer, for the purposes of Medicare supplement insurance, to file for Medicare 
supplement rates that include an early enrollment discount that will not be considered an 
attained age rating structure. (Sec. 4) 
6. Requires an early enrollment discount to diminish over a period of time and an insurer to 
disclose to all applicants how it will diminish over time. (Sec. 4) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	SB 1118 
Initials PRB 	Page 2 	House Engrossed 
7. Specifies an early enrollment discount is only available to enrollees who purchase the plan 
within the early enrollment period designated by the insurer. (Sec. 4) 
8. Specifies an insurer, if the federal laws that require providing a certificate of creditable 
coverage are superseded by the prohibition on preexisting condition exclusions, is not require 
to: 
a) provide a certificate of creditable coverage; or 
b) comply with certain annual reporting requirements. (Sec. 5, 6, 8) 
9. Removes the restrictions on the corporate or business name of an agent for a title insurer. 
(Sec. 7) 
10. Makes technical changes. (Sec. 3, 4)