title-760-article-6•760 IAC 6 — ARTICLE 6. FEES, FINES, AND CIVIL PENALTIES
760 IAC 6 — ARTICLE 6. FEES, FINES, AND CIVIL PENALTIES
title-760-article-6760 IAC 6Regulation
TITLE 760 DEPARTMENT OF INSURANCE
ARTICLE 6. FEES, FINES, AND CIVIL PENALTIES
Rule 1
760 IAC 6-1-1 760 IAC 6-1-1 Applicability
Rule 1. Fee Provisions
760 IAC 6-1-1 Applicability
Authority: IC 27-1-6-21
Affected: IC 27-1-6
Sec. 1. This rule applies to fees imposed by the department that are not otherwise set as a specific amount in Indiana Code or rule.
(Department of Insurance; 760 IAC 6-1-1; filed Sep 9, 2025, 1:57 p.m.: 20251008-IR-760250163FRA)
760 IAC 6-1-2 760 IAC 6-1-2 Physical presence fees
760 IAC 6-1-2 Physical presence fees
Authority: IC 27-1-6-21
Affected: IC 27-1-6-21; IC 27-1-23
Sec. 2. The commissioner may impose an administrative fee calculated under IC 27-1-6-21(c)(2) to a domestic insurer in an amount not less than twenty-five thousand dollars ($25,000), but not more than one hundred thousand dollars ($100,000) each year, after considering the following:
(1) The factors set forth in IC 27-1-6-21(b).
(2) The size and complexity of the domestic insurer.
(3) Whether the domestic insurer is part of an insurance holding company system under IC 27-1-23.
(Department of Insurance; 760 IAC 6-1-2; filed Sep 9, 2025, 1:57 p.m.: 20251008-IR-760250163FRA)
760 IAC 6-1-3 760 IAC 6-1-3 Insurance producer prelicensing fees
760 IAC 6-1-3 Insurance producer prelicensing fees
Authority: IC 27-1-15.6-32; IC 27-1-15.6-33
Affected: IC 27-1-15.6
Sec. 3. Insurance producer prelicensing fees are as follows:
(1) Fifty dollars ($50) for each prelicensing course application.
(2) Twenty-five dollars ($25) for each program director application.
(3) Ten dollars ($10) for each program instructor application.
(Department of Insurance; 760 IAC 6-1-3; filed Sep 9, 2025, 1:57 p.m.: 20251008-IR-760250163FRA)
760 IAC 6-1-4 760 IAC 6-1-4 Bail agent prelicensing and continuing education course provider fees
760 IAC 6-1-4 Bail agent prelicensing and continuing education course provider fees
Authority: IC 27-10-3-21
Affected: IC 27-10-3-7.1
Sec. 4. Bail agent prelicensing and continuing education course provider license fees are forty dollars ($40) for each course application and renewal application.
(Department of Insurance; 760 IAC 6-1-4; filed Sep 9, 2025, 1:57 p.m.: 20251008-IR-760250163FRA)
760 IAC 6-1-5 760 IAC 6-1-5 Temporary emergency independent adjuster licensing fees
760 IAC 6-1-5 Temporary emergency independent adjuster licensing fees
Authority: IC 27-1-28-2; IC 27-1-28-11
Affected: IC 27-1-28
Sec. 5. Temporary emergency independent adjuster license fees are twenty dollars ($20) per application.
(Department of Insurance; 760 IAC 6-1-5; filed Sep 9, 2025, 1:57 p.m.: 20251008-IR-760250163FRA)
760 IAC 6-1-6 760 IAC 6-1-6 Insurance administrator fees
760 IAC 6-1-6 Insurance administrator fees
Authority: IC 27-1-25-11.1; IC 27-1-25-12.2; IC 27-1-25-12.3
Affected: IC 27-1-25-12.3
Sec. 6. Insurance administrator fees are as follows:
(1) Fifty dollars ($50) for each domestic insurance administrator license application.
(2) Fifty dollars ($50) for each foreign insurance administrator license application.
(3) Fifty dollars ($50) for each annual report filed under IC 27-1-25-12.3.
(Department of Insurance; 760 IAC 6-1-6; filed Sep 9, 2025, 1:57 p.m.: 20251008-IR-760250163FRA)
760 IAC 6-1-7 760 IAC 6-1-7 Navigator and application organization fees
760 IAC 6-1-7 Navigator and application organization fees
Authority: IC 27-19-4-3
Affected: IC 27-19-4
Sec. 7. Navigator and application organization fees are as follows:
(1) Fifty dollars ($50) for each examination fee.
(2) Fifty dollars ($50) for each resident renewal application.
(3) One hundred dollars ($100) for each nonresident renewal application.
(4) Fifty dollars ($50) for each navigator precertification education program application.
(5) Fifty dollars ($50) for each navigator precertification education program renewal application.
(6) Twenty-five dollars ($25) for each navigator precertification education program director application.
(7) Ten dollars ($10) for each navigator precertification education program instructor application.
(Department of Insurance; 760 IAC 6-1-7; filed Sep 9, 2025, 1:57 p.m.: 20251008-IR-760250163FRA)
760 IAC 6-1-8 760 IAC 6-1-8 Foreign risk retention group fees
760 IAC 6-1-8 Foreign risk retention group fees
Authority: IC 27-7-10-34
Affected: IC 27-7-10-14
Sec. 8. Foreign risk retention groups shall submit a filing fee of one hundred ten dollars ($110) to accompany a statement of registration submitted to the department under IC 27-7-10-14.
(Department of Insurance; 760 IAC 6-1-8; filed Sep 9, 2025, 1:57 p.m.: 20251008-IR-760250163FRA)
760 IAC 6-1-9 760 IAC 6-1-9 Surcharge for physicians and hospitals
760 IAC 6-1-9 Surcharge for physicians and hospitals
Authority: IC 34-18-5-2
Affected: IC 34-18-5
Sec. 9. (a) Beginning July 1, 2024, the annual surcharge for a physician electing to become a qualified provider is as follows:
| Class 0 | $2,130 |
|---|---|
| Class 1 | $3,043 |
| Class 2 | $3,956 |
| Class 3 | $5,174 |
| Class 4 | $6,090 |
| Class 5 | $8,370 |
| Class 6 | $12,936 |
| Class 7 | $18,262 |
| Class 8 | $22,827 |
| Class 9 | $25,870 |
(b) Beginning July 1, 2024, surcharge calculations for a hospital electing to become a qualified provider are as follows:
| Hospital, Acute Care and Intensive Care (per bed) | $1,048 |
|---|---|
| Mental Health/Rehabilitation (per bed) | $524 |
| Extended Care/Intermediate Care/Residential (per bed) | $53 |
| Nursing Home/Critical Extended Care (per bed) | $524 |
| Health Institution/Assisted Living/Other (per bed) | $210 |
| Bassinets (per bed) | $1,048 |
| Emergency Room (per 100 visits) | $104.80 |
| Clinics/Others (per 100 visits) | $52.40 |
| Mental Health/Rehabilitation (per 100 visits) | $26 |
| Health Institution (per 100 visits) | $21 |
| Home Health Care (per 100 visits) | $52.40 |
| Births (per 100) | $4,196 |
| Outpatient Surgeries (per 100) | $104.80 |
| Inpatient Surgeries (per 100) | $2,097 |
(Department of Insurance; 760 IAC 6-1-9; filed Sep 9, 2025, 1:57 p.m.: 20251008-IR-760250163FRA)
Rule 2
760 IAC 6-2-1 760 IAC 6-2-1 Applicability
Rule 2. Civil Penalty Provisions
760 IAC 6-2-1 Applicability
Authority: IC 27-1-6-21
Affected: IC 27-1-6
Sec. 1. This rule applies to fines and civil penalties imposed by the department that are not otherwise set as a specific amount in Indiana Code or rule.
(Department of Insurance; 760 IAC 6-2-1; filed Sep 9, 2025, 1:57 p.m.: 20251008-IR-760250163FRA)
760 IAC 6-2-2 760 IAC 6-2-2 Assessment of civil penalty
760 IAC 6-2-2 Assessment of civil penalty
Authority: IC 27-1-6-21
Affected: IC 27-1-6
Sec. 2. For purposes of assessing fines and civil penalties, the commissioner shall:
(1) consider mitigating and aggravating factors set forth in sections 3 and 4 of this rule; and
(2) adjust the base violation penalty by these factors.
(Department of Insurance; 760 IAC 6-2-2; filed Sep 9, 2025, 1:57 p.m.: 20251008-IR-760250163FRA)
760 IAC 6-2-3 760 IAC 6-2-3 Civil penalty mitigating factors
760 IAC 6-2-3 Civil penalty mitigating factors
Authority: IC 27-1-6-21
Affected: IC 27-1-6
Sec. 3. The amount of a fine or civil penalty may be adjusted downward from the base amount set forth in section 5 of this rule to reflect particular mitigating factors. The commissioner may consider the following factors:
(1) The person's good faith efforts to comply or prevent the violation.
(2) Existence of written policies governing the conduct.
(3) Cooperation with the commissioner in addressing the violation.
(4) The person's history of compliance.
(5) Remedial or corrective action taken by the person.
(6) Whether the violation was voluntarily disclosed to the department.
(7) Evidence of any restitution paid.
(Department of Insurance; 760 IAC 6-2-3; filed Sep 9, 2025, 1:57 p.m.: 20251008-IR-760250163FRA)
760 IAC 6-2-4 760 IAC 6-2-4 Civil penalty aggravating factors
760 IAC 6-2-4 Civil penalty aggravating factors
Authority: IC 27-1-6-21
Affected: IC 27-1-6
Sec. 4. (a) The amount of a fine or civil penalty may be adjusted upward from the base amount set forth in section 5 of this rule to reflect aggravating factors. The commissioner may consider the following factors:
(1) Willful or intentional misconduct.
(2) Duration and frequency of the violation.
(3) History of similar prior violations.
(4) Fraudulent conduct.
(5) Whether the violation resulted in financial harm.
(6) Whether the violation negatively impacts the integrity or public trust of insurance in the state of Indiana.
(7) Evidence that a person received financial gain or other benefit as a result of the violation.
(b) Whenever an aggravating factor is identified, the corresponding fine or civil penalty outlined under section 5 of this rule may be increased by any amount, up to and including five (5) times for each violation. However, the amount assessed for each violation may not exceed the amounts set forth in applicable law.
(Department of Insurance; 760 IAC 6-2-4; filed Sep 9, 2025, 1:57 p.m.: 20251008-IR-760250163FRA)
760 IAC 6-2-5 760 IAC 6-2-5 Civil penalty schedule
760 IAC 6-2-5 Civil penalty schedule
Authority: IC 27-1-6-21
Affected: IC 27; IC 34-18-5-2
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 |
(Department of Insurance; 760 IAC 6-2-5; filed Sep 9, 2025, 1:57 p.m.: 20251008-IR-760250163FRA)
760 IAC 6-2-6 760 IAC 6-2-6 Assessment of civil penalty not required
760 IAC 6-2-6 Assessment of civil penalty not required
Authority: IC 27-1-6-21
Affected: IC 27-1-6
Sec. 6. Nothing in this rule requires the commissioner to assess a civil penalty for a violation.
(Department of Insurance; 760 IAC 6-2-6; filed Sep 9, 2025, 1:57 p.m.: 20251008-IR-760250163FRA)
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