California Department of Insurance Orders All California Health Insurers to Submit Filing and to Ensure Services to Insureds Displaced by COVID-19


By: Kristin Ingulsrud

California Insurance Code section 10112.95(a) provides that insureds displaced by a declared state of emergency shall have access to medically necessary health care services.  In light of Governor Gavin Newsom’s state of emergency proclamation and the continued escalation of the COVID-19 outbreak, California’s Department of Insurance (DOI) issued its “COVID-19 State of Emergency Notification Filing Requirements” on March 18.
Given that the COVID-19 outbreak has the immediate potential to inhibit insureds’ ability to access medical care, all health insurers operating in California must submit a notification describing the insurer’s communication with potentially impacted insureds and summarizing how the insurer will ensure that the health care needs of its insureds are met.
Under the DOI’s order the required notification must address numerous items, including removing barriers to access prescription drugs by home delivery, waiving refill limitations, and other similar measures.
Insurers must also have a plan to maximize the use of telehealth where appropriate.  Insurers must provide a toll-free telephone number to facilitate communication with insureds regarding care options.
Moreover, insurers must also demonstrate their contingency plan to continue operations should its staff be subject to shelter-in-place orders.
The order also requires insurers to detail how they are complying with the Department’s March 5 order concerning waiving co-pays for COVID-19 screening and testing.
The required notification must be filed by close of business Friday, March 20.
The complete order can be found on the Insurance Department’s website at
Additional information: 
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FMG has formed a Coronavirus Task Force to provide up-to-the-minute information, strategic advice, and practical solutions for our clients. Our group is an interdisciplinary team of attorneys who can address the multitude of legal issues arising out of the Coronavirus pandemic, including issues related to Healthcare, Product Liability, Tort Liability, Data Privacy, and Cyber and Local Governments. For more information about the Task Force, click here.
You can also contact your FMG relationship partner or email the team with any questions at

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