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As Passed by the House
136th
General Assembly
Regular
Session
Sub. H. B. No. 133
2025-2026
Representative Craig
Cosponsors: Representatives
Brennan, Daniels, Deeter, Fischer, Hiner, King, Thomas, D., White,
A., Williams, Roemer, Click, Thomas, J., Abrams, Barhorst, Brewer,
Brownlee, Callender, Cockley, Denson, Dovilla, Ghanbari, Glassburn,
Grim, Gross, Hall, D., Hall, T., Holmes, Hoops, Humphrey, Jarrells,
John, Kishman, Klopfenstein, Lampton, LaRe, Lear, Lorenz, Manning,
Mathews, A., Mathews, T., McNally, Miller, J., Miller, M., Mohamed,
Newman, Odioso, Oelslager, Peterson, Plummer, Ray, Robb Blasdel,
Rogers, Russo, Salvo, Schmidt, Sigrist, Sims, Somani, Swearingen,
Thomas, C., Tims, Troy, White, E., Workman, Young
To
amend
sections
3901.21, 3901.22, 3937.19, and
5747.98
and to enact section 5747.87 of the Revised Code to
authorize
a nonrefundable income tax credit for small employers that cover
their employees with an individual coverage health reimbursement
arrangement and to prohibit certain acts or practices intended to
steer an individual away from employer-provided insurance.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections
3901.21, 3901.22, 3937.19, and
5747.98
be amended and section 5747.87 of the Revised Code be enacted to read
as follows:
Sec.
3901.21.
The
following are hereby defined as unfair and deceptive acts or
practices in the business of insurance:
(A)
Making, issuing, circulating, or causing or permitting to be made,
issued, or circulated, or preparing with intent to so use, any
estimate, illustration, circular, or statement misrepresenting the
terms of any policy issued or to be issued or the benefits or
advantages promised thereby or the dividends or share of the surplus
to be received thereon, or making any false or misleading statements
as to the dividends or share of surplus previously paid on similar
policies, or making any misleading representation or any
misrepresentation as to the financial condition of any insurer as
shown by the last preceding verified statement made by it to the
insurance department of this state, or as to the legal reserve system
upon which any life insurer operates, or using any name or title of
any policy or class of policies misrepresenting the true nature
thereof, or making any misrepresentation or incomplete comparison to
any person for the purpose of inducing or tending to induce such
person to purchase, amend, lapse, forfeit, change, or surrender
insurance.
Any
written statement concerning the premiums for a policy which refers
to the net cost after credit for an assumed dividend, without an
accurate written statement of the gross premiums, cash values, and
dividends based on the insurer's current dividend scale, which are
used to compute the net cost for such policy, and a prominent warning
that the rate of dividend is not guaranteed, is a misrepresentation
for the purposes of this division.
(B)
Making, publishing, disseminating, circulating, or placing before the
public or causing, directly or indirectly, to be made, published,
disseminated, circulated, or placed before the public, in a
newspaper, magazine, or other publication, or in the form of a
notice, circular, pamphlet, letter, or poster, or over any radio
station, or in any other way, or preparing with intent to so use, an
advertisement, announcement, or statement containing any assertion,
representation, or statement, with respect to the business of
insurance or with respect to any person in the conduct of the
person's insurance business, which is untrue, deceptive, or
misleading.
(C)
Making, publishing, disseminating, or circulating, directly or
indirectly, or aiding, abetting, or encouraging the making,
publishing, disseminating, or circulating, or preparing with intent
to so use, any statement, pamphlet, circular, article, or literature,
which is false as to the financial condition of an insurer and which
is calculated to injure any person engaged in the business of
insurance.
(D)
Filing with any supervisory or other public official, or making,
publishing, disseminating, circulating, or delivering to any person,
or placing before the public, or causing directly or indirectly to be
made, published, disseminated, circulated, delivered to any person,
or placed before the public, any false statement of financial
condition of an insurer.
Making
any false entry in any book, report, or statement of any insurer with
intent to deceive any agent or examiner lawfully appointed to examine
into its condition or into any of its affairs, or any public official
to whom such insurer is required by law to report, or who has
authority by law to examine into its condition or into any of its
affairs, or, with like intent, willfully omitting to make a true
entry of any material fact pertaining to the business of such insurer
in any book, report, or statement of such insurer, or mutilating,
destroying, suppressing, withholding, or concealing any of its
records.
(E)
Issuing or delivering or permitting agents, officers, or employees to
issue or deliver agency company stock or other capital stock or
benefit certificates or shares in any common-law corporation or
securities or any special or advisory board contracts or other
contracts of any kind promising returns and profits as an inducement
to insurance.
(F)
Except as provided in section 3901.213 of the Revised Code, making or
permitting any unfair discrimination among individuals of the same
class and equal expectation of life in the rates charged for any
contract of life insurance or of life annuity or in the dividends or
other benefits payable thereon, or in any other of the terms and
conditions of such contract.
(G)(1)
Except as otherwise expressly provided by law, including as provided
in section 3901.213 of the Revised Code, knowingly permitting or
offering to make or making any contract of life insurance, life
annuity or accident and health insurance, or agreement as to such
contract other than as plainly expressed in the contract issued
thereon, or paying or allowing, or giving or offering to pay, allow,
or give, directly or indirectly, as inducement to such insurance, or
annuity, any rebate of premiums payable on the contract, or any
special favor or advantage in the dividends or other benefits
thereon, or any valuable consideration or inducement whatever not
specified in the contract; or giving, or selling, or purchasing, or
offering to give, sell, or purchase, as inducement to such insurance
or annuity or in connection therewith, any stocks, bonds, or other
securities, or other obligations of any insurance company or other
corporation, association, or partnership, or any dividends or profits
accrued thereon, or anything of value whatsoever not specified in the
contract.
(2)
An insurer, producer, or representative of either shall not offer or
provide insurance as an inducement to the purchase of another policy
of insurance and shall not use the words "free" or "no
cost," or words of similar import, to such effect in an
advertisement.
(H)
Making, issuing, circulating, or causing or permitting to be made,
issued, or circulated, or preparing with intent to so use, any
statement to the effect that a policy of life insurance is, is the
equivalent of, or represents shares of capital stock or any rights or
options to subscribe for or otherwise acquire any such shares in the
life insurance company issuing that policy or any other company.
(I)
Making, issuing, circulating, or causing or permitting to be made,
issued or circulated, or preparing with intent to so issue, any
statement to the effect that payments to a policyholder of the
principal amounts of a pure endowment are other than payments of a
specific benefit for which specific premiums have been paid.
(J)
Making, issuing, circulating, or causing or permitting to be made,
issued, or circulated, or preparing with intent to so use, any
statement to the effect that any insurance company was required to
change a policy form or related material to comply with Title XXXIX
of the Revised Code or any regulation of the superintendent of
insurance, for the purpose of inducing or intending to induce any
policyholder or prospective policyholder to purchase, amend, lapse,
forfeit, change, or surrender insurance.
(K)
Aiding or abetting another to violate this section.
(L)
Refusing to issue any policy of insurance, or canceling or declining
to renew such policy because of the sex or marital status of the
applicant, prospective insured, insured, or policyholder.
(M)
Making or permitting any unfair discrimination between individuals of
the same class and of essentially the same hazard in the amount of
premium, policy fees, or rates charged for any policy or contract of
insurance, other than life insurance, or in the benefits payable
thereunder, or in underwriting standards and practices or eligibility
requirements, or in any of the terms or conditions of such contract,
or in any other manner whatever.
(N)
Refusing to make available disability income insurance solely because
the applicant's principal occupation is that of managing a household.
(O)
Refusing, when offering maternity benefits under any individual or
group sickness and accident insurance policy, to make maternity
benefits available to the policyholder for the individual or
individuals to be covered under any comparable policy to be issued
for delivery in this state, including family members if the policy
otherwise provides coverage for family members. Nothing in this
division shall be construed to prohibit an insurer from imposing a
reasonable waiting period for such benefits under an individual
sickness and accident insurance policy issued to an individual who is
not a federally eligible individual or a nonemployer-related group
sickness and accident insurance policy, but in no event shall such
waiting period exceed two hundred seventy days.
For
purposes of division (O) of this section, "federally eligible
individual" means an eligible individual as defined in 45 C.F.R.
148.103.
(P)
Using, or permitting to be used, a pattern settlement as the basis of
any offer of settlement. As used in this division, "pattern
settlement" means a method by which liability is routinely
imputed to a claimant without an investigation of the particular
occurrence upon which the claim is based and by using a predetermined
formula for the assignment of liability arising out of occurrences of
a similar nature. Nothing in this division shall be construed to
prohibit an insurer from determining a claimant's liability by
applying formulas or guidelines to the facts and circumstances
disclosed by the insurer's investigation of the particular occurrence
upon which a claim is based.
(Q)
Refusing to insure, or refusing to continue to insure, or limiting
the amount, extent, or kind of life or sickness and accident
insurance or annuity coverage available to an individual, or charging
an individual a different rate for the same coverage solely because
of blindness or partial blindness. With respect to all other
conditions, including the underlying cause of blindness or partial
blindness, persons who are blind or partially blind shall be subject
to the same standards of sound actuarial principles or actual or
reasonably anticipated actuarial experience as are sighted persons.
Refusal to insure includes, but is not limited to, denial by an
insurer of disability insurance coverage on the grounds that the
policy defines "disability" as being presumed in the event
that the eyesight of the insured is lost. However, an insurer may
exclude from coverage disabilities consisting solely of blindness or
partial blindness when such conditions existed at the time the policy
was issued. To the extent that the provisions of this division may
appear to conflict with any provision of section 3999.16 of the
Revised Code, this division applies.
(R)(1)
Directly or indirectly offering to sell, selling, or delivering,
issuing for delivery, renewing, or using or otherwise marketing any
policy of insurance or insurance product in connection with or in any
way related to the grant of a student loan guaranteed in whole or in
part by an agency or commission of this state or the United States,
except insurance that is required under federal or state law as a
condition for obtaining such a loan and the premium for which is
included in the fees and charges applicable to the loan; or, in the
case of an insurer or insurance agent, knowingly permitting any
lender making such loans to engage in such acts or practices in
connection with the insurer's or agent's insurance business.
(2)
Except in the case of a violation of division (G) of this section,
division (R)(1) of this section does not apply to either of the
following:
(a)
Acts or practices of an insurer, its agents, representatives, or
employees in connection with the grant of a guaranteed student loan
to its insured or the insured's spouse or dependent children where
such acts or practices take place more than ninety days after the
effective date of the insurance;
(b)
Acts or practices of an insurer, its agents, representatives, or
employees in connection with the solicitation, processing, or
issuance of an insurance policy or product covering the student loan
borrower or the borrower's spouse or dependent children, where such
acts or practices take place more than one hundred eighty days after
the date on which the borrower is notified that the student loan was
approved.
(S)
Denying coverage, under any health insurance or health care policy,
contract, or plan providing family coverage, to any natural or
adopted child of the named insured or subscriber solely on the basis
that the child does not reside in the household of the named insured
or subscriber.
(T)(1)
Using any underwriting standard or engaging in any other act or
practice that, directly or indirectly, due solely to any health
status-related factor in relation to one or more individuals, does
either
any
of
the following:
(a)
Terminates or fails to renew an existing individual
policy,
contract, or plan of health benefits,
or
a
employer-provided
health
benefit plan
issued to an employer
,
for which an individual
or employer
would otherwise be eligible;
(b)
With
respect to a health benefit plan issued to an employer,
excludes
Excludes,
induces to exclude,
or causes the exclusion of an individual from coverage under an
existing employer-provided
policy,
contract, or plan of health benefits.
health
benefit plan;
(c)
Steers an individual from coverage under an existing
employer-provided health benefit plan to coverage under an individual
health benefit plan;
(d)
Offers employers or individuals financial or other benefits as
incentives for individuals to not enroll in, or to terminate
enrollment in, an employer-provided health benefit plan, including by
offering individuals an alternative to an employer-provided health
benefit plan.
(2)
Division
(T)(1) of this section does not prohibit either of the following:
(a)
Providing information to an employer about an individual coverage
health reimbursement arrangement or related tax credits available
under section 5747.87 of the Revised Code;
(b)
Establishing or advising an employer in the establishment of an
individual coverage health reimbursement arrangement in accordance
with 45 C.F.R. 146.123, et seq.
(3)
The
superintendent of insurance may adopt rules in accordance with
Chapter 119. of the Revised Code for purposes of implementing
division
(T)(1)
(T)
of this section.
(3)
(4)
For purposes of division
(T)(1)
(T)
of this section, "health status-related factor" means any
of the following:
(a)
Health status;
(b)
Medical condition, including both physical and mental illnesses;
(c)
Claims experience;
(d)
Receipt of health care;
(e)
Medical history;
(f)
Genetic information;
(g)
Evidence of insurability, including conditions arising out of acts of
domestic violence;
(h)
Disability.
(U)
With respect to a health benefit plan issued to
a
small
an
employer
,
as those terms are defined in section 3924.01 of the Revised Code
,
negligently or willfully placing coverage for adverse risks with a
certain
carrier,
as defined in section 3924.01 of the Revised Code
health
plan issuer
.
(V)
Using any program, scheme, device, or other unfair act or practice
that, directly or indirectly, causes or results in the placing of
coverage for adverse risks with another carrier, as defined in
section 3924.01 of the Revised Code.
(W)
Failing to comply with section 3923.23, 3923.231, 3923.232, 3923.233,
or 3923.234 of the Revised Code by engaging in any unfair,
discriminatory reimbursement practice.
(X)
Intentionally establishing an unfair premium for, or misrepresenting
the cost of, any insurance policy financed under a premium finance
agreement of an insurance premium finance company.
(Y)(1)(a)
Limiting coverage under, refusing to issue, canceling, or refusing to
renew, any individual policy or contract of life insurance, or
limiting coverage under or refusing to issue any individual policy or
contract of health insurance, for the reason that the insured or
applicant for insurance is or has been a victim of domestic violence;
(b)
Adding a surcharge or rating factor to a premium of any individual
policy or contract of life or health insurance for the reason that
the insured or applicant for insurance is or has been a victim of
domestic violence;
(c)
Denying coverage under, or limiting coverage under, any policy or
contract of life or health insurance, for the reason that a claim
under the policy or contract arises from an incident of domestic
violence;
(d)
Inquiring, directly or indirectly, of an insured under, or of an
applicant for, a policy or contract of life or health insurance, as
to whether the insured or applicant is or has been a victim of
domestic violence, or inquiring as to whether the insured or
applicant has sought shelter or protection from domestic violence or
has sought medical or psychological treatment as a victim of domestic
violence.
(2)
Nothing in division (Y)(1) of this section shall be construed to
prohibit an insurer from inquiring as to, or from underwriting or
rating a risk on the basis of, a person's physical or mental
condition, even if the condition has been caused by domestic
violence, provided that all of the following apply:
(a)
The insurer routinely considers the condition in underwriting or in
rating risks, and does so in the same manner for a victim of domestic
violence as for an insured or applicant who is not a victim of
domestic violence;
(b)
The insurer does not refuse to issue any policy or contract of life
or health insurance or cancel or refuse to renew any policy or
contract of life insurance, solely on the basis of the condition,
except where such refusal to issue, cancellation, or refusal to renew
is based on sound actuarial principles or is related to actual or
reasonably anticipated experience;
(c)
The insurer does not consider a person's status as being or as having
been a victim of domestic violence, in itself, to be a physical or
mental condition;
(d)
The underwriting or rating of a risk on the basis of the condition is
not used to evade the intent of division (Y)(1) of this section, or
of any other provision of the Revised Code.
(3)(a)
Nothing in division (Y)(1) of this section shall be construed to
prohibit an insurer from refusing to issue a policy or contract of
life insurance insuring the life of a person who is or has been a
victim of domestic violence if the person who committed the act of
domestic violence is the applicant for the insurance or would be the
owner of the insurance policy or contract.
(b)
Nothing in division (Y)(2) of this section shall be construed to
permit an insurer to cancel or refuse to renew any policy or contract
of health insurance in violation of the "Health Insurance
Portability and Accountability Act of 1996," 110 Stat. 1955, 42
U.S.C.A. 300gg-41(b), as amended, or in a manner that violates or is
inconsistent with any provision of the Revised Code that implements
the "Health Insurance Portability and Accountability Act of
1996."
(4)
An insurer is immune from any civil or criminal liability that
otherwise might be incurred or imposed as a result of any action
taken by the insurer to comply with division (Y) of this section.
(5)
As used in division (Y) of this section, "domestic violence"
means any of the following acts:
(a)
Knowingly causing or attempting to cause physical harm to a family or
household member;
(b)
Recklessly causing serious physical harm to a family or household
member;
(c)
Knowingly causing, by threat of force, a family or household member
to believe that the person will cause imminent physical harm to the
family or household member.
For
the purpose of division (Y)(5) of this section, "family or
household member" has the same meaning as in section 2919.25 of
the Revised Code.
Nothing
in division (Y)(5) of this section shall be construed to require, as
a condition to the application of division (Y) of this section, that
the act described in division (Y)(5) of this section be the basis of
a criminal prosecution.
(Z)
Disclosing a coroner's records by an insurer in violation of section
313.10 of the Revised Code.
(AA)
Making, issuing, circulating, or causing or permitting to be made,
issued, or circulated any statement or representation that a life
insurance policy or annuity is a contract for the purchase of funeral
goods or services.
(BB)
With respect to a health care contract as defined in section 3963.01
of the Revised Code that covers vision or dental services, as defined
in that section, including any of the contract terms prohibited under
or failing to make the disclosures required under division (E) or (F)
of section 3963.02 of the Revised Code.
(CC)
With respect to private passenger automobile insurance, charging
premium rates that are excessive, inadequate, or unfairly
discriminatory, pursuant to division (D) of section 3937.02 of the
Revised Code, based solely on the location of the residence of the
insured.
The
enumeration in sections 3901.19 to 3901.26 of the Revised Code of
specific unfair or deceptive acts or practices in the business of
insurance is not exclusive or restrictive or intended to limit the
powers of the superintendent of insurance to adopt rules to implement
this section, or to take action under other sections of the Revised
Code.
This
section does not prohibit the sale of shares of any investment
company registered under the "Investment Company Act of 1940,"
54 Stat. 789, 15 U.S.C.A. 80a-1, as amended, or any policies,
annuities, or other contracts described in section 3907.15 of the
Revised Code.
As
used in this section, "estimate," "statement,"
"representation," "misrepresentation,"
"advertisement," or "announcement" includes oral
or written occurrences.
As used in this section, "health benefit plan" and "health
plan issuer" have the same meanings as in section 3922.01 of the
Revised Code.
Sec.
3901.22.
(A)
The superintendent of insurance may conduct hearings to determine
whether violations of section 3901.20 of the Revised Code have
occurred. Any person aggrieved with respect to any act that the
person believes to be an unfair or deceptive act or practice in the
business of insurance, as defined in section 3901.21 or 3901.211 of
the Revised Code or in any rule of the superintendent, may make
written application to the superintendent for a hearing to determine
if there has been a violation of section 3901.20 of the Revised Code.
The application shall specify the grounds to be relied upon by the
applicant. If the superintendent finds that the application is made
in good faith, that the applicant would be so aggrieved if the
applicant's grounds are established, and that such grounds otherwise
justify holding such a hearing, the superintendent shall hold a
hearing to determine whether the act specified in the application is
a violation of section 3901.20 of the Revised Code. Notice of any
hearing held under the authority of this section, the conduct of the
hearing, the orders issued pursuant to it, the review of the orders
and all other matters relating to the holding of the hearing shall be
governed by Chapter 119. of the Revised Code.
(B)
Upon good cause shown, the superintendent shall permit any person to
intervene, appear, and be heard at the hearing, either in person or
by counsel.
(C)
The superintendent shall send a copy of the order to those persons
intervening in the hearing.
(D)
If the superintendent, by written order, finds that any person has
violated section 3901.20 of the Revised Code, the superintendent
shall issue an order requiring that person to cease and desist from
engaging in the violation. In addition, the superintendent may impose
any or all of the following administrative remedies upon the person:
(1)
The superintendent may suspend or revoke the person's license to
engage in the business of insurance;
(2)
The superintendent may order that an insurance company or insurance
agency not employ the person or permit the person to serve as a
director, consultant, or in any other capacity for such time as the
superintendent determines would serve the public interest. No
application for termination of such an order for an indefinite time
shall be filed within two years of its effective date.
(3)
The superintendent may order the person to return any payments
received by the person as a result of the violation;
(4)
For
each violation described in division (T) of section 3901.21 of the
Revised Code, the superintendent may impose a civil penalty of up to
twenty-five thousand dollars plus administrative costs to cover the
expenses incurred by the department of insurance in the
administrative action, including costs incurred in the investigation
and hearing processes;
(5)
If
the superintendent issues an order pursuant to division (D)(3) of
this section, the superintendent shall order the person to pay
statutory interest on such payments.
If
the superintendent does not issue orders pursuant to divisions (D)(3)
and
(4)
(5)
of this section, the superintendent shall expressly state in the
cease-and-desist order the reasons for not issuing such orders.
(5)
(6)
The superintendent may order the person to pay to the state treasury
for credit to the department's operating fund an amount, not in
excess of one hundred thousand dollars, equal to one-half of the
expenses reasonably incurred by the superintendent to retain
attorneys, actuaries, accountants, and other experts not otherwise a
part of the superintendent's staff to assist directly in the conduct
of any investigations and hearings conducted with respect to
violations committed by the person.
(E)
If the superintendent has reasonable cause to believe that an order
issued pursuant to division (D) of this section has been violated in
whole or in part, the superintendent may, unless such order is stayed
by a court of competent jurisdiction, request the attorney general to
commence and prosecute any appropriate action or proceeding in the
name of the state against the person.
Such
action may include, but need not be limited to, the commencement of a
class action under Civil Rule 23 on behalf of policyholders,
subscribers, applicants for policies or contracts, or other insurance
consumers for damages caused by or unjust enrichment received as a
result of the violation.
(F)
In addition to any penalties imposed pursuant to this chapter, the
court may, in an action brought pursuant to division (E) of this
section, impose any of the following:
(1)
For each act or practice found to be in violation of section 3901.20
of the Revised Code, a civil penalty of not more than three thousand
five hundred dollars for each violation but not to exceed an
aggregate penalty of thirty-five thousand dollars in any six-month
period, provided that a series of similar acts or practices
prohibited by section 3901.20 of the Revised Code and committed by
the same person but not in separate insurance sales transactions
shall be considered a single violation;
(2)
For each violation of a cease and desist order issued by the
superintendent pursuant to this section, a civil penalty of not more
than ten thousand dollars;
(3)
In addition to any other appropriate relief, the court may order any
or all of the remedies specified in division (D) of this section.
(G)
The superintendent, under a settlement agreement to which a person
has consented in writing for the purpose of assuring the person's
correction of a series of offenses and future compliance with the
laws of this state relating to the business of insurance, may impose
a single penalty in whatever amount the parties determine to be
justified under the circumstances.
(H)
A court of common pleas, in a civil action commenced by the attorney
general on behalf of the superintendent under Civil Rule 65, may
grant a temporary restraining order, preliminary injunction, or
permanent injunction to restrain or prevent a violation or threatened
violation of any provision of section 3901.20 of the Revised Code, if
the court finds that the defendant has violated, is violating, or is
threatening to violate such provision, that immediate and irreparable
injury, loss, or damage will result if such relief is not granted,
and that no adequate remedy at law exists to prevent such irreparable
injury, loss, or damage.
(I)
If the superintendent's position in initiating a matter in
controversy pursuant to this section and section 3901.221 of the
Revised Code was not substantially justified, upon motion of the
person who prevailed in the hearing or in the appropriate court, if
an adjudication order was appealed or a civil action was commenced,
the superintendent or the court shall order the department of
insurance to pay such person an amount, not in excess of one hundred
thousand dollars, equal to one-half of the expenses reasonably
incurred by the person in connection with the related proceedings. An
award pursuant to this division may be reduced or denied if special
circumstances make an award unjust or if the person engaged in
conduct that unduly and unreasonably protracted the final resolution
of the matter in controversy. If the department does not pay such
award or no such funds are available, the award shall be treated as
if it were a judgment under Chapter 2743. of the Revised Code and be
payable in accordance with the procedures specified in section
2743.19 of the Revised Code, except that interest shall not be paid
in relation to the award.
Sec.
3937.19.
(A)
As used in this section:
(1)
"Personal lines policy of insurance" means a policy of
property and casualty insurance issued to a natural person primarily
for personal or family protection for personal automobile,
homeowner's, tenant's, mobile-homeowner's, non-commercial dwelling
fire or personal umbrella coverage.
(2)
"Customer" has the same meaning as in section 3901.19 of
the Revised Code.
(B)(1)
An insurer may, but is not required to, provide or make a policy
summary of material coverages and exclusions in a personal lines
policy of insurance available to a customer. If an insurer chooses to
provide or make any such policy summary available, the summary shall
include at a minimum all of the following:
(a)
A brief description of the principal benefits provided under the
policy for which a premium is charged;
(b)
A brief description of the principal exclusions, provided under the
policy;
(c)
A statement of the loss valuation methods provided under the policy;
(d)
The following notice, or a substantially similar notice, prominently
displayed in conjunction with the policy summary:
"You
should read your insurance policy and get assistance in understanding
the coverages and any exclusions directly from your agent or the
insurance company issuing your policy. This policy summary is for
informational purposes only and is designed to provide a basic
description of insurance coverages and exclusions in your policy.
This summary does not reflect all the coverages and exclusions
contained in your policy and is qualified in its entirety to the
policy terms.
State
law prohibits this policy summary from replacing, modifying,
altering, amending, or changing any of the terms or provisions of the
insurance policy that is the subject of this summary."
(2)
A policy summary, as described in division (B)(1) of this section,
does not include the policy declarations page and any notations
contained therein.
(C)
Nothing contained in this section shall be construed to prohibit an
insurer from providing information related to an insurance policy
that does not meet the requirements prescribed in division (B) of
this section.
(D)
An insurer may display sections of a policy summary individually, in
any combination or in any order, as long as the summary meets the
requirements prescribed in division (B) of this section and the
notice contained in division (B)(1)(d) of this section appears in
each section of the policy summary. If the policy summary is
paginated, then the notice contained in division (B)(1)(d) of this
section shall appear on each page.
(E)
An insurer's election to provide or make a policy summary available
to a customer does not obligate the insurer to provide a policy
summary upon the renewal of the policy or for any other policies
issued to the same customer.
(F)
If an insurer elects to provide or make a policy summary available
for a personal lines policy of insurance, the insurer shall provide a
policy summary for the named insured under a policy for that product.
(G)
A policy summary provided or made available under this section shall
not be considered a replacement for the terms of the policy of
insurance, shall not have the effect of altering the coverage
afforded by the policy, and shall not confer new or additional rights
beyond those expressly provided for in the policy. Nothing in this
section shall be construed to create or imply a private cause of
action for a violation of this section. A policy summary provided or
made available pursuant to this section shall not be admissible in
court or in any other legal or administrative proceeding, except to
enforce division (H) of this section.
(H)
No person doing the business of insurance in this state shall provide
or use a policy summary that contains any false, misleading, or
deceptive representation or statement.
(I)
Any violation of this section is an unfair and deceptive act or
practice in the business of insurance under sections 3901.19 to
3901.26 of the Revised Code. If the superintendent, by written order,
finds that any person is about to engage, is engaging, or has engaged
in a violation of this section, the superintendent may impose any or
all of the administrative remedies set forth in divisions (D)(1) to
(5)
(6)
of section 3901.22 of the Revised Code
,
as applicable
.
If the superintendent finds that the violation was due to gross or
willful misconduct, the superintendent may order that person to
reimburse any customer harmed by the violation or violations,
including reimbursement or payment of insurance claims for which a
loss occurred as a result of a customer's reliance upon a policy
summary containing any false, misleading, or deceptive representation
or statement.
Sec.
5747.87.
(A)
As used in this section, "individual coverage health
reimbursement arrangement" means a health reimbursement
arrangement established pursuant to 45 C.F.R. 146.123.
(B)
There is allowed a nonrefundable credit against a taxpayer's
aggregate tax liability under section 5747.02 of the Revised Code for
a taxpayer that, during the taxable year is either of the following:
(1)
An employer that employs more than one and less than fifty-one total
employees, cumulatively and regardless of any particular employee's
length of tenure, provides an individual coverage health
reimbursement arrangement to some or all of the employer's employees,
and contributes at least four hundred dollars per employee to that
arrangement during the taxable year;
(2)
The owner of a direct or indirect interest in such an employer that
is a pass-through entity.
The
credit shall equal four hundred dollars multiplied by the number of
the employer's employees who were provided benefits under an
individual coverage health reimbursement arrangement, cumulatively
and regardless of any particular employee's length of tenure, during
the taxpayer's taxable year.
The
credit shall be claimed in the order prescribed by section 5747.98 of
the Revised Code. A taxpayer described in division (B)(2) of this
section may claim its proportionate or distributive share of the
credit allowed under this section.
The
tax commissioner may request that a taxpayer claiming a credit under
this section furnish information as is necessary to support the claim
for the credit under this section, and no credit shall be allowed
unless the requested information is provided.
Sec.
5747.98.
(A)
To provide a uniform procedure for calculating a taxpayer's aggregate
tax liability under section 5747.02 of the Revised Code, a taxpayer
shall claim any credits to which the taxpayer is entitled in the
following order:
Either
the retirement income credit under division (B) of section 5747.055
of the Revised Code or the lump sum retirement income credits under
divisions (C), (D), and (E) of that section;
Either
the senior citizen credit under division (F) of section 5747.055 of
the Revised Code or the lump sum distribution credit under division
(G) of that section;
The
dependent care credit under section 5747.054 of the Revised Code;
The
credit for displaced workers who pay for job training under section
5747.27 of the Revised Code;
The
campaign contribution credit under section 5747.29 of the Revised
Code;
The
twenty-dollar personal exemption credit under section 5747.022 of the
Revised Code;
The
joint filing credit under division
(G)
(E)
of section 5747.05 of the Revised Code;
The
earned income credit under section 5747.71 of the Revised Code;
The
nonrefundable credit for education expenses under section 5747.72 of
the Revised Code;
The
nonrefundable credit for donations to scholarship granting
organizations under section 5747.73 of the Revised Code;
The
nonrefundable credit for tuition paid to a nonchartered nonpublic
school under section 5747.75 of the Revised Code;
The
nonrefundable vocational job credit under section 5747.057 of the
Revised Code;
The
nonrefundable individual coverage health reimbursement arrangement
credit under section 5747.87 of the Revised Code;
The
nonrefundable job retention credit under division (B) of section
5747.058 of the Revised Code;
The
enterprise zone credit under section 5709.66 of the Revised Code;
The
credit for beginning farmers who participate in a financial
management program under division (B) of section 5747.77 of the
Revised Code;
The
credit for commercial vehicle operator training expenses under
section 5747.82 of the Revised Code;
The
nonrefundable welcome home Ohio (WHO) program credit under section
122.633 of the Revised Code;
The
credit for selling or renting agricultural assets to beginning
farmers under division (A) of section 5747.77 of the Revised Code;
The
credit for purchases of qualifying grape production property under
section 5747.28 of the Revised Code;
The
small business investment credit under section 5747.81 of the Revised
Code;
The
nonrefundable lead abatement credit under section 5747.26 of the
Revised Code;
The
opportunity zone investment credit under section 5747.86 of the
Revised Code;
The
enterprise zone credits under section 5709.65 of the Revised Code;
The
research and development credit under section 5747.331 of the Revised
Code;
The
credit for rehabilitating a historic building under section 5747.76
of the Revised Code;
The
nonrefundable Ohio low-income housing tax credit under section
5747.83 of the Revised Code;
The
nonrefundable affordable single-family home credit under section
5747.84 of the Revised Code;
The
nonresident credit under division (A) of section 5747.05 of the
Revised Code;
The
credit for a resident's out-of-state income under division (B) of
section 5747.05 of the Revised Code;
The
refundable motion picture and broadway theatrical production credit
under section 5747.66 of the Revised Code;
The
refundable credit for film and theater capital improvement projects
under section 5747.67 of the Revised Code;
The
refundable jobs creation credit or job retention credit under
division (A) of section 5747.058 of the Revised Code;
The
refundable credit for taxes paid by a qualifying entity granted under
section 5747.059 of the Revised Code;
The
refundable credits for taxes paid by a qualifying pass-through entity
granted under division (I) of section 5747.08 of the Revised Code;
The
refundable credit under section 5747.80 of the Revised Code for
losses on loans made to the Ohio venture capital program under
sections 150.01 to 150.10 of the Revised Code;
The
refundable credit for rehabilitating a historic building under
section 5747.76 of the Revised Code;
The
refundable credit under section 5747.39 of the Revised Code for taxes
levied under section 5747.38 of the Revised Code paid by an electing
pass-through entity.
(B)
For any credit, except the refundable credits enumerated in this
section and the credit granted under division (H) of section 5747.08
of the Revised Code, the amount of the credit for a taxable year
shall not exceed the taxpayer's aggregate amount of tax due under
section 5747.02 of the Revised Code, after allowing for any other
credit that precedes it in the order required under this section. Any
excess amount of a particular credit may be carried forward if
authorized under the section creating that credit. Nothing in this
chapter shall be construed to allow a taxpayer to claim, directly or
indirectly, a credit more than once for a taxable year.
Section
2.
That
existing
sections
3901.21, 3901.22, 3937.19, and
5747.98
of the Revised Code
are
hereby
repealed.
Section
3.
The
enactment of section 5747.87 of the Revised Code by this act applies
to taxable years ending on or after the effective date of this
section.