2019 PIA Federal Legislative Summit Advocacy and Policy Priorities

2019 Federal Legislative Summit Advocacy and Policy Priorities NATIONAL ASSOCIATION OF PROFESSIONAL INSURANCE AGENTS

About PIA’s Advocacy Efforts The National Association of Professional Insurance Agents (PIA National) represents independent insurance agencies and their employee-agents in all 50 states, Puerto Rico, and the District of Columbia.

PIA National represents members’ interests in state capitals and in Washington, D.C. to ensure that lawmakers and regulators understand and support the independent agency system. PIA’s grassroots campaigns; the annual PIA National Federal Legislative Summit (FLS); and our political action committee, PIAPAC, give individual agents a powerful collective voice in government.

PIA National works with insurance carriers and industry organizations—the National Association of Insurance Commissioners (NAIC), the National Insurance Producer Registry (NIPR), the National Council of Insurance Legislators (NCOIL), the Association for Cooperative Operations Research and Development (ACORD), and others—to ensure that the concerns of independent agents are addressed.

Members have access to materials to strengthen their agencies and keep them up to date on evolving industry laws, regulations, and trends.

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Advocacy and Policy Priorities PIA National staff has reviewed past policy positions and current congressional priorities and consulted with PIA members across the country to develop its 2019 Advocacy and Policy Priorities. While the items below are our top priorities, PIA National is always working to promote the interests of the independent agent, wherever those interests take us.

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Flood Insurance: PIA National supports a long-term reauthorization of the National Flood Insurance Program (NFIP) that promotes the gradual growth of the private flood insurance market.

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Insurance Regulation: PIA National supports a modern, state-based insurance regulatory system and opposes any federal regulation or international standards that would threaten it.

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Healthcare Reform: PIA National supports the critical role that independent agents play in the sale and servicing of health insurance.

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Crop Insurance: PIA National supports the vital part that independent agents play in the delivery of crop insurance.

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Additional Issues of Importance: PIA National is engaged with countless additional issues in 2019 and beyond, such as data security, terrorism risk insurance, the National Association of Registered Agents and Brokers (NARAB), and tax reform.

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FLOOD INSURANCE PIA National supports a long-term reauthorization of the National Flood Insurance Program (NFIP) that promotes the gradual growth of the private flood insurance market.

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The NFIP was created in 1968 to provide the opportunity for property owners in the U.S. to secure flood insurance coverage for their homes. At the time, the private insurance market viewed flood as an uninsurable risk, and insurance coverage was cost-prohibitive or unavailable for this catastrophic peril. The NFIP has long been effectively the only means by which people can protect their financial interests against the risks posed by floods.

PIA National supports the reauthorization of the NFIP, as the program provides critical support to those affected by floods and coverage that the private market is currently still largely unable or unwilling to supply.

The role of the independent agent Independent insurance agents are vital in ensuring that property owners make educated choices about the purchase of flood insurance policies for their homes and businesses.

Agents generally serve as the first point of contact for a potential consumer inquiring about a flood policy. Assisting a consumer in purchasing an NFIP policy is a difficult process requiring specialized knowledge, and the purchasing process is very different from that of a standard homeowners’ or auto policy. Agents must be familiar with flood zones and maps for geographic areas in which they write, and they must be comfortable walking their customers through the lengthy and often bureaucratic process of obtaining an Elevation Certificate (EC).

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Reauthorization The NFIP’s five-year reauthorization expired on September 30, 2017. Leading up to that deadline, Congress was unable to agree on reforms to the program. As a result, the NFIP lapsed briefly three times and has been subject to a total of nine extensions since the 2017 deadline. The program is now set to expire on May 31, 2019.

PIA National supports the following key provisions in a long-term reauthorization: The incentivization of policyholders to mitigate their homes and businesses.

The inclusion of a process for consumers to appeal decisions made by the administrator of the Federal Emergency Management Agency (FEMA) or the NFIP. The forgiveness of the program’s debt. The program cannot be financially strong until this burden is lifted.

The cultivation of deliberate, responsible growth in the private flood insurance market as a complement to the NFIP. This would provide consumers with more options for broader coverage and a greater range of price points.

The inclusion of a continuous coverage provision so that policyholders can move between the private market and the NFIP without penalty. PIA strongly supports H.R. 1666, introduced by Reps. Kathy Castor (D-FL) and Blaine Luetkemeyer (R-MO), which would allow for continuous coverage for policyholders.

The gradual movement to risk-based rates to make the program more financially sound, including some version of means testing for homeowners.

The maintenance of grandfathered rates so that properties can be transferred between owners without coverage disruption or surprise.

The continuation of the WYO reimbursement rate at its current level of 29.9 percent.

If Congress does decide to reduce the WYO reimbursement rate, PIA National strongly advocates for the inclusion of protections for agent commissions.

PIA National will continue to work with Congress to ensure that agents’ voices are heard as the reauthorization process continues.

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NATIONAL ASSOCIATION OF PROFESSIONAL INSURANCE AGENTS

Flood Insurance Legislative Position HOW YOU CAN HELP AGENTS DELIVER FLOOD INSURANCE TO CONSUMERS SUPPORT a reauthorization of the National Flood Insurance Program (NFIP) that: Recognizes the key role the sales force plays in delivering the program.

Reaffirms the gradual implementation of risk-based rates.

Renews the program long-term and allows changes to be communicated in a timely way to agents and consumers.

Continues grandfathering of rates so that properties can be transferred between owners without coverage disruption or surprise.

Includes a continuous coverage provision so that policyholders can move between the private market and the NFIP without penalty.

SUPPORT the inclusion of a continuous coverage provision in NFIP reauthorization Cosponsor and support legislation that allows for the continuous coverage of a flood policy so that policyholders can move between the private market and the NFIP without penalty. A continuous coverage bill (H.R. 1666) has been introduced in the House by Reps.

Kathy Castor (D-FL) and Blaine Luetkemeyer (R-MO).

Support the introduction of this legislation in the Senate.

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OPPOSE attempts to cut or cap agent commissions in NFIP reauthorization Agents play a crucial role in explaining this confusing program and servicing their clients during the initial sale and in the aftermath of a flood event.

Cutting commissions will lead to an exodus by the independent agent sales force, which will lead to a decrease in the number of flood policies at a time when Congress must make it a priority to increase the take-up rate for flood insurance.

PIA opposes any legislation that cuts the Write-Your-Own (WYO) reimbursement rate without a protection for agents.

For more information on this issue contact President, Government Relations jonge@pianet.org | 703-518-1365

2019 Advocacy and Policy Priorities | 7Vice Jon Gentile,

INSURANCE REGULATION PIA National supports a modern, state-based insurance regulatory system and opposes any federal regulation or international standards that would threaten it.

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PIA National does not believe the federal regulatory system should have a role in the insurance industry, considering our state-based system of insurance regulation has successfully protected consumers and created a competitive and diverse U.S. insurance market for over 150 years. The existence of the Federal Insurance Office (FIO) threatens the primacy of state regulation.

Repeal the Federal Insurance Office In 2010, advocates of federal insurance regulation succeeded in creating the FIO as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). PIA National opposed the concept of the FIO from the outset.

There has never been a need to create an office like the FIO. Many of the duties of the FIO are examples of federal overreach in the context of our system of state insurance regulation. Like most federal offices, once created, its power began to expand. Over the nearly ten years of its existence, the FIO has called for federal regulation of mortgage insurance; for its inclusion in supervisory colleges with state regulators; and for uniform national standards for state guaranty associations. It also issued a report on consumer protections that was far beyond the scope of its authority.

Every one of these acts was well outside the FIO’s mandate.

The FIO also rejected the expertise of the insurance industry by concurring with Systemically Important Financial Institutions (SIFI) designations (which have since been questioned) for nonbank insurance institutions under Dodd-Frank. Additionally, the FIO took part in creating a harmful deal with the European Union on an international covered agreement that could open the door for Europe to impose its standards on U.S. insurance companies.

The role of the FIO in the creation and implementation of the National Association of Registered Agents and Brokers (NARAB) is grossly misunderstood, and that misunderstanding is instructive as to how the FIO’s existence threatens the state insurance regulatory system.

Created in January 2015, the purpose of NARAB is to provide a mechanism through which nonresident producer licensing requirements may be adopted and applied on a multistate basis.

Somehow, over the years, the FIO has gradually assumed responsibility for the identification of NARAB board members and, potentially, the administration of the program once it is up and running. This is an explicit abuse of FIO’s mandate; NARAB’s enabling legislation does not mention FIO in any way. FIO has no right to administer NARAB, but FIO’s claim of authority is a classic example of a federal office in a state of perpetual expansion, even if that expansion requires that it exceed the confines of its mandate.

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In November 2016, PIA National became the first insurance association to publicly call for the repeal of the FIO.

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Over the last year, we have been joined by other stakeholders seeking to dismantle this office. PIA National has since worked with members of Congress to develop legislation that would rein in and scale back the power of the FIO. While PIA National has supported efforts to rein in the FIO (for example, the Federal Insurance Office Reform Act in the 115th Congress), consumers and those concerned about the state insurance regulatory system would be better served by its full repeal. A unified U.S. voice in international negotiations is good for American policyholders and the domestic insurance market; however, the U.S. Trade Representative office can negotiate international agreements, and it, combined with the existing robust state insurance regulatory framework, render the FIO unnecessary. The Terrorism Risk Insurance Program, which PIA National strongly supports, was created in 2002 and operated for over seven years before Dodd-Frank created the FIO. This demonstrates that the TRIP can operate without the FIO and that the FIO can be repealed without negatively affecting the TRIP.

Encourage Transparency in International Insurance Negotiations PIA National opposes any federal or international effort that would undermine the statebased system of insurance regulation, like the adoption of a one-size-fits-all approach to international insurance regulation. Instead of broad national and international requirements, PIA National supports coordination and cooperation among state regulators, federal officials, and international bodies. Such cooperation can improve our already-strong system of statebased insurance regulation.

International negotiations can have serious consequences for the domestic insurance industry.

While states are the primary regulators of insurance in the United States, developments at the international level can heavily influence laws and regulations at the state level. If global standards are promulgated without appropriate consideration of the unique state-based system of U.S. insurance regulation, they may increase systemic risks and consumer costs by pushing small and midsize companies out of business, thereby reducing competition.

Last Congress, PIA National supported legislation to ensure state insurance regulators and Congress have a say when the federal government is negotiating international insurance agreements. In 2019, PIA National will continue to advocate for legislation similar to the International Insurance Standards Act, sponsored by Reps. Sean Duffy (RWI) and Denny Heck (D-WA), which would have required consultation with Congress and coordination with state insurance commissioners throughout negotiations of international standard-setting agreements.

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NATIONAL ASSOCIATION OF PROFESSIONAL INSURANCE AGENTS

Insurance Regulation Legislative Position HOW YOU CAN HELP DEFEND STATE INSURANCE REGULATION

SUPPORT legislation to repeal the Federal Insurance Office (FIO).

PIA National supported the “Federal Insurance Office Abolishment Act of 2017” (not yet introduced in the 116th Congress), introduced by Rep. Alex Mooney (R-WV) in the 115th Congress.

The existence of the FIO presents an ongoing threat to the system of state insurance regulation. This legislation will remove this threat and ensure the states remain the exclusive regulators of insurance.

While PIA National has advocated for and continues to seek the full repeal of this office, we support efforts to reform the FIO, particularly if such efforts remove its domestic authority.

Introduce or support legislation in the Senate to either fully repeal, or scale back, the scope and authority of the FIO.

For more information on this issue contact Jon Gentile, Vice President, Government Relations 2019 Advocacy and Policy Priorities | 12 jonge@pianet.org | 703-518-1365

HEALTHCARE

REFORM

PIA National supports the critical role that independent agents play in the sale and servicing of health insurance.

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In March 2010, the Affordable Care Act (ACA) was signed into law, dramatically changing the health insurance landscape. Since the implementation of the ACA, PIA National has focused on rolling back specific provisions that are harmful to independent insurance agents and other small businesses. PIA National will continue to support legislation that will improve the ability of independent agents to sell insurance and demonstrate the value to the industry of employer-sponsored health coverage.

Supporting Changes to the Medical Loss Ratio (MLR) Requirement PIA National will continue to support legislation that ensures that consumers have adequate access to health insurance agents and brokers. The ACA created the Medical Loss Ratio (MLR) requirement, which is designed to limit the percentage of premium that a health insurance company can spend on administrative costs. The MLR requirement was intended to ensure consumers receive at least a minimum value for their healthcare dollars. However, agent and broker commissions were improperly classified as administrative costs in the MLR formula.

This misclassification limits consumer access to the essential resources of agents and brokers.

It negatively affects independent insurance agents and consumers, who increasingly lack access to qualified health experts to advise them on their insurance plans.

To address this issue, PIA National helped develop and has endorsed the Access to Independent Health Insurance Advisors Act (not yet introduced in the 116th Congress).

That bill was introduced in the 115th Congress in the House and makes clear that producer compensation was not contemplated as part of the MLR calculation set forth in the ACA. PIA National will continue to urge action on this issue, either through legislation or regulation.

Repealing the So-Called “Cadillac Tax” The “Cadillac Tax” provision of the ACA would, starting in 2022, impose a 40 percent tax on so-called “overly generous,” high-cost health plans. The tax will apply to fully insured and self-funded employer health plans and will tax policies with limits that exceed the annual thresholds of $10,800 for individual coverage and $29,100 for family coverage.

The Cadillac tax, which has never been implemented, was changed to some degree by the tax law signed by President Trump at the end of 2017. Under the previously-existing tax framework, the Cadillac tax would have been assessed using the conventional consumer price index (CPI). Now, however, the Cadillac tax will be assessed using chained CPI, which means the threshold coverages subject to taxation will increase more slowly. This will subject a greater number of Americans to the Cadillac tax sooner, because healthcare inflation will outpace increases in the thresholds using chained CPI. PIA National continues to oppose this tax because it will severely damage the employer-sponsored health system and consumers.

PIA National strongly supports repealing the Cadillac tax and has endorsed newly-introduced, bipartisan legislation, the Middle Class Health Benefits Tax Repeal Act of 2019 (H.R. 748/S. 684). However, with its implementation date approaching, PIA National, along with other stakeholders, has focused on pushing for its delay.

NATIONAL ASSOCIATION OF PROFESSIONAL INSURANCE AGENTS

Healthcare Legislative Position HOW YOU CAN HELP DEFEND AGENT COMPENSATION SUPPORT healthcare reform that recognizes the value of independent agents Support the introduction of and urge action on the bipartisan Access to Independent Health Insurance Advisors Act (not yet introduced in the 116th Congress), which was introduced in the 115th Congress in the House by Reps. Billy Long (R-MO) and Kurt Schrader (D-OR) and in the Senate by Sens. Johnny Isakson (R-GA) and Chris Coons (D-DE).

This proposed legislation provides that certain compensation for agents and brokers is exempt from the medical loss ratio (MLR) calculation.

Support efforts to ensure that agents are appropriately compensated for their expertise.

HOW YOU CAN HELP DEFEND EMPLOYEE HEALTH PLANS SUPPORT existing legislation to repeal the Cadillac tax Cosponsor and urge action on the bipartisan Middle Class Health Benefits Tax Repeal Act of 2019 (H.R. 748/S.684), introduced in the House by Reps. Joe Courtney (D-CT) and Mike Kelly (R-PA) and in the Senate by Senators Martin Heinrich (D-NM) and Mike Rounds (R-SD).

The proposed legislation will repeal the harmful Cadillac tax, a 40 percent excise tax on certain employer-sponsored health plans. The implementation of this destructive tax has been pushed back to 2022 due to bipartisan opposition and concern over the economic damage it will cause.

Most health plans in the United States are provided by employers. If this tax were to become law, it would unfairly penalize millions of workers who depend on employer-sponsored health plans. Support this legislation and any effort to permanently repeal this tax.

For more information on this issue contact President, Government Relations jonge@pianet.org | 703-518-1365

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CROP INSURANCE PIA National supports the vital role that independent agents play in the delivery of crop insurance.

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The federal crop insurance program (crop insurance) is a highly technical program that relies on the expertise of independent insurance agents. Crop insurance provides our nation’s farmers with the ability to manage their risk and produce a safe, strong, and dependable food supply.

Opposing Crop Insurance Cuts PIA National has always strongly opposed any cuts to the federal crop insurance program. In his budget proposal for FY 2019, President Trump proposed steep cuts to crop insurance. These proposed cuts would have amounted to over $26 billion over the next ten years and would have reduced premium subsidies for crop insurance, reduced underwriting gains to insurance companies, and created an Adjusted Gross Income (AGI) limit of $500,000. Fortunately, due to strong support for crop insurance in Congress, and effective advocacy from PIA National and groups like us, these cuts were not included in the budget passed last year, nor were they included in the 2018 Farm Bill.

It is widely expected that President Trump will again include some type of cut to crop insurance in his FY 2020 budget proposal. PIA National is concerned by these continued attacks on crop insurance and will continue to oppose any cuts to the program in the appropriations and legislative process. PIA National has been working with a coalition of organizations that represent every part of the supply chain to express our opposition to these cuts.

2018 Farm Bill Reauthorization and Implementation On December 20, 2018 the Farm Bill was signed into law by President Trump, representing the culmination of multiple years of Senate and House Agriculture Committee hearings held in Washington, D.C. and around the country on a variety of Farm Bill-related topics, including crop insurance. The chairmen and ranking members of the Senate and House Agriculture Committees, Sen. Pat Roberts (R-KS); Sen. Debbie Stabenow (D-MI); Rep. Mike Conaway (R-TX); and Rep. Collin Peterson (D-MN), were staunch supporters of crop insurance during the Farm Bill reauthorization process and continue to support crop insurance during current budget negotiations.

As the United States Department of Agriculture (USDA) works to implement the 2018 Farm Bill, PIA National will continue to advocate for a strong crop insurance program and the essential role that independent agents play in the delivery of the program. PIA National will continue to support independent agents during the appropriations and budget process.

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NATIONAL ASSOCIATION OF PROFESSIONAL INSURANCE AGENTS

Crop Insurance Legislative Position HOW YOU CAN HELP DEFEND CROP INSURANCE

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OPPOSE cuts to the federal crop insurance program With over 290 million acres and 130 different crops protected, crop insurance is a sound investment that helps ensure the production of a stable food, fiber, feed, and fuel supply.

Everyone in the supply chain, from farmers, lenders, and manufacturers to insurance and reinsurance providers and agents, agrees that crop insurance is the centerpiece of agricultural risk management and should not be cut.

Oppose cuts to crop insurance during the budget process, and support a budget that recognizes the importance of crop insurance and the key role that independent insurance agents play in the delivery of this vital program.

For more information on this issue contact Jon Gentile, Vice President, Government Relations jonge@pianet.org | 703-518-1365

ADDITIONAL ISSUES OF IMPORTANCE PIA National is always advocating for independent agents on countless additional issues. While they are not highlighted as top priorities for the FLS, PIA National continues to address these issues with policymakers. A few of our additional key issues are listed below. This list is not exhaustive.

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Additional Issues of Importance

Cybersecurity PIA National supports protection of sensitive consumer data using a harm trigger and other methods that are flexible, risk-based, and practical for small businesses.

This year, PIA National will be watching the states to see which legislatures consider and pass versions of the Insurance Data Security Model Law, which was passed by the National Association of Insurance Commissioners (NAIC) in October 2017, after years of participation by industry and consumer representatives. Thus far, Michigan, Ohio, and South Carolina have passed similar laws based on the NAIC model. New York also has a similar regulation, on which the NAIC model was largely based.

The NAIC’s Insurance Data Security Model Law requires insurance agencies and other members of the industry to take specific steps to prevent cybersecurity events and outlines requirements that insurance entities must take after a breach. PIA National is specifically concerned about agents’ obligations as they pertain to the activities and potential liabilities of third-party service providers, the very short timeframe in which to provide notification to the relevant commissioner of a “Cybersecurity Event,” and the number of consumers affected by a Cybersecurity Event to trigger notification to the applicable commissioner, among other issues. PIA National will be pursuing the addition of some specific amendments at the state level, depending on the language each state legislature includes in its bill.

PIA National is continuing its outreach to state affiliates, insurance departments, and legislative bodies to prepare them for legislative sessions that may include the introduction of the NAIC model or something similar.

PIA National is also engaged with Congress on this issue. In 2018, PIA National opposed legislation, the “Consumer Information Notification Requirement Act,” (not yet introduced in the 116th Congress) because it would have imposed improper burdens (written and intended to apply to banks) on independent insurance agencies, many of which are small businesses serving individual insurance consumers. That bill also would have encroached upon the state insurance regulatory system.

If legislation is to be considered at the federal level, it should set a few parameters and remain sufficiently broad to allow states to fill in the details as appropriate. The very fact that this legislation sought to impose bank-centric standards on independent insurance agencies demonstrates that Congress should not move forward with detailed legislation on this issue, which is one of many better left to states.

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Additional Issues of Importance

Terrorism Risk Insurance Act PIA National supports the terrorism risk insurance program. Shortly after the terrorist attacks of September 11, 2001, the perceived need for terrorism risk insurance skyrocketed, while its affordability and availability plummeted. The property/casualty sector of the insurance industry concluded that it could not sustain an additional terrorist attack without serious financial consequences befalling consumers and the nation’s economy. As a result, the Terrorism Risk Insurance Act (TRIA) was signed into law in 2002. This law resulted in the creation of a terrorism risk insurance program, which was reauthorized in 2005 and again in 2007 with a December 31, 2014 expiration date.

PIA National fought hard to ensure the program’s straightforward and long-term reauthorization. In early January 2015, the program was reauthorized for an additional six years.

The program is now scheduled to expire on December 31, 2020. During the five years between 2015 and 2020, the $100 million trigger for federal involvement in handling claims for a terrorist attack is being gradually raised to $200 million. In that same time frame, the copay for an entity suffering a loss is gradually increasing from 15 to 20 percent. Also, during that time, the insurance industry’s repayment (or “recoupment,” as it is referred to in the law) of funds to pay terrorist attack claims is increasing from $27.5 billion to $37.5 billion for the total amount for all insured losses during the calendar year. The maximum government recoupment to be paid by policyholders is 140 percent, an increase from 133 percent in the 2007 law.

With the terrorism risk insurance program up for reauthorization at the end of the 116th Congress, PIA National is working with our congressional allies and industry partners to ensure this important program continues with minimal changes.

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Additional Issues of Importance

National Association of Registered Agents and Brokers (NARAB) The law that reauthorized the terrorism risk insurance program also contained a provision creating the National Association of Registered Agents and Brokers (NARAB)—an independent, non-governmental, non-profit membership organization through which non-resident producer licensing requirements may be adopted and applied on a multi-state basis (PL 114-1, 129 Stat.

3). NARAB will facilitate agent and broker licensing reciprocity among states without creating a new federal insurance bureaucracy.

In 2019, the appropriate execution of NARAB will be a top priority for PIA National. We will work with the Trump administration, the NAIC, the National Insurance Producer Registry (NIPR), and our industry partners to ensure the smooth implementation of NARAB.

Tax Reform PIA National advocated for the passage of the tax bill signed into law at the end of 2017 because it made available a 20 percent deduction to small business owners, including independent insurance agents, who organize as Subchapter S or “passthrough” corporations.

Unfortunately, the passthrough deduction is not permanent and will sunset on December 31, 2025. PIA National strongly supports H.R. 216, the Main Street Tax Certainty Act, sponsored

by Reps. Jason Smith (R-MO) and Henry Cuellar (D-TX) to make permanent the tax deduction for passthrough entities.

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NATIONAL ASSOCIATION OF PROFESSIONAL INSURANCE AGENTS 419 North Lee Street Alexandria, Virginia 22314 Telephone: (703) 836-9340 Fax: (703) 836-1279 www.pianet.com

Government Relations Staff Contacts: Jon Gentile, Vice President, Government Relations jonge@pianet.org Lauren Pachman, Counsel & Director of Regulatory Affairs laurenpa@pianet.org Jessica Carlton, Manager, Government Relations jessicaca@pianet.org

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