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,
savings, or other benefits thereon, or any valuable consideration
or inducement whatever not specified in the contract or policy;
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 of
any insurance company or other corporation, association,
limited liability company, or partnership, or any dividends,
savings, or profits accrued thereon, or anything of value
whatsoever not specified in the contract. § 27-4-1-4(a)(8).
Person is defined to include any individual, corporation,
company including any farm mutual insurance company,
association, partnership, firm, reciprocal exchange, inter-
insurer, Lloyds insurers, society, fraternal benefit society, lodge,
order, council, corps, and any other association or legal entity,
engaged in the business of insurance, including but not in
limitation of the foregoing, insurance producers, brokers,
solicitors, advisors, auditors, and adjusters. § 27-4-1-2(a).
No company acting through its officers or members, attorney-
in-fact, or by any other party, no officer of a company acting on
the officer's own behalf and no insurance producer, broker, or
solicitor, personally or by any other party, shall offer, promise,
allow, give, set off or pay, directly or indirectly, any rebate of or
part of the premium payable on a policy, or any insurance
producer's commission thereon, or earnings, profits, dividends
or other benefits founded, arising, accruing, or to accrue thereon
or therefrom, or any special advantage in date of policy or age
of issue, or any paid employment or contract for services of any
kind, or any other valuable consideration or inducement, to or
for insurance on any risk in this state, now or hereafter to be
written, or for or upon any renewal of any such insurance, which
is not specified in the policy contract of insurance, or offer,
promise, give, option, sell or purchase any stocks, bonds,
per entrant.
The following list of services, if appropriate in scope, directly
related to the insurance product being sold, or intended to
reduce claims, and provided in a fair and non-discriminatory
way would generally not be prohibited:
• Loss control, including wellness programs
• Claim filing assistance
• COBRA administration
• HIPAA compliance
• Risk management or analysis
• Regulatory and legislative updates
• Group policy administration
• Establishment and administration of employer-sponsored
125 plans, FSAs, and HRAs
The following list of services, if provided free or at reduced
cost, could be considered by the Department as violations of the
anti-rebating statute provided the service is no specifically
stated in the insurance policy or provided for in applicable
filings:
• Human resource (personnel)
• Legal
• Payroll
• Referrals to third-party service providers that offer
discounted rates contingent upon the purchase or renewal of
insurance
• Tax preparation
• Accounting
Bulletin 177.