760 IAC 6-2-5 Civil penalty schedule

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: Legal Citation General Description of Violation Base Violation Fine or Civil Penalty 760 IAC 1-73-2(c) Professional employer organization failure to inform of material change $2,000 760 IAC 4-7-1(c); 760 IAC 4-7-1(d) Noncompliance with navigator/application organization law $50 to $10,000 per violation 760 IAC 1-6.2-11(f)(2) Bail agents/recovery agents; material alteration to certificate of completion $2,000 IC 27-1-3-20(f) Transacting insurance without a certificate of authority $5,000 IC 27-1-15.6-12(f) Noncompliance with insurance producer laws $2,000 IC 27-1-15.6-15(f) Noncompliance with termination of appointment notification $5,000 IC 27-1-15.9-16(b) Penalty for noncompliance with portable electronic insurance law $2,000 IC 27-1-16.1-15(b) Penalty for noncompliance with self-storage insurance law $2,000 IC 27-1-23-2.5(n) Violation of cease and desist order; competitive standards noncompliance $2,000 IC 27-1-23-2.5(o) Noncompliance with holding company filing requirements $10,000 IC 27-1-23-5(c) Noncompliance with insurance holding company system examination requirements Up to $200 per day IC 27-1-23-8.1(c) Officer, director, or employee of insurance holding company system making false statements $200,000 IC 27-1-23-8.1(d) Officer or director of an insurance holding company system intentional violations $2,000 IC 27-1-23-8.1(e) Insurance holding company system noncompliance $200,000 IC 27-1-25-12.4(d) Noncompliance with insurance administrator law $5,000 IC 27-1-28-18(e) Noncompliance with independent adjuster law $2,000 IC 27-1-33-10(a) Noncompliance with managing general agent law $1,000 IC 27-1-43.2-15 Noncompliance with service contracts law $2,000 IC 27-1-45-9 Noncompliance with health facility compensation law $200 IC 27-1-46-17 Provider facility failure to provide estimate or communication about right to estimate $200 IC 27-1-49-10 Noncompliance with individual prescription drug rebate law $2,000 IC 27-1-50-13 Noncompliance with group prescription drug rebate law $2,000 IC 27-2-17-6(c) Discrimination in insurance $400 IC 27-2-25-16 Health carrier noncompliance with requirement to provide good faith estimates $200 IC 27-2-28-12 Noncompliance with requirement to provide notice to policyholder of material change to personal automobile or homeowner's policy $1,000 IC 27-4-1-6 Unfair competition; deceptive acts and practices $5,000 per act or violation / $10,000 per act or violation if the person knew or should have known of violation IC 27-4-1-12 Violation of cease and desist order; unfair competition; deceptive acts and practices $5,000 IC 27-5.1-2-28 Noncompliance with farm mutual insurance company law $2,000 IC 27-7-17.5-9(b) Dental plans setting fees for dental services; noncompliance with law $2,000 IC 27-8-5.7-8 Insurer failure to pay clean claim Between 85% and 95% of clean claims paid: $2,000 Between 60% and 85% of clean claims paid: $20,000 Less than 60% of clean claims paid: $150,000 IC 27-8-16-12(d) Noncompliance with medical claims review agent law $1,000 IC 27-8-17-17(d) Noncompliance with health care utilization review agent law $1,000 IC 27-8-19.8-19 Violations of viatical settlement provider law $2,000 IC 27-10-2-14(e) Noncompliance with requirement of insurers, bail agents, or firm or agency to file sworn statement relating to unpaid late surrender fees and judgments $2,000 IC 27-10-3-8(c) Noncompliance with bail law by bail agents and recovery agents $2,000 IC 27-10-3-9(d) Noncompliance with bail law by bail agents and recovery agents $2,000 IC 27-13-24-1(b) Noncompliance with health maintenance organization law $5,000 IC 27-13-36.2-6 Health maintenance organization failure to pay clean claims Between 85% and 95% of clean claims paid: $2,000 Between 60% and 85% of clean claims paid: $20,000 Less than 60% of clean claims paid: $150,000 IC 27-17-14-1 Noncompliance with discount medical program law $10,000 IC 27-19-4-3(b) Noncompliance with navigator/application organization law $2,000 IC 34-18-5-2 Failure of hospital to carry out risk management system 10% of surcharge amount IC 27-7-2 Failure to comply with worker's compensation laws $200 per violation $2,000 per willful violation IC 27-6-9-25 Failure to comply with reinsurance intermediary laws $1,000 IC 27-13-34 Noncompliance with limited health maintenance organization laws $500