Insurance Agents: Understanding The New Bill's Impact

what changes for insurance agents with new bill passed

The passing of new bills can bring about significant changes for insurance agents, with recent legislation aiming to address issues such as affordability, accessibility, and consumer protection in the insurance industry. One notable example is the One Big Beautiful Bill Act (OBBBA), which proposes substantial modifications to the Affordable Care Act (ACA) marketplaces, potentially impacting millions of Americans' access to health insurance coverage. Other bills, like the Florida insurance regulation changes, aim to create a more balanced environment for both insurers and insureds, reducing litigation and stabilising rates. Additionally, bills such as the Big Beautiful tax reform bill offer tax breaks for insurance agents, while other legislation focuses on prohibiting discrimination based on sexual orientation or gender identity in insurance practices. These evolving regulatory landscapes underscore the importance of insurance agents staying informed about the intricacies of their coverage and the broader market to effectively guide their clients through the changing insurance landscape.

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Tax breaks for insurance agents

In 2019, insurance agents were assured of a 20% tax break on their 2018 taxes and for years going forward until 2025 under President Donald Trump's tax law. This was because the IRS did not consider insurance agents and brokers to be engaged in a "specified service trade or business".

In 2025, the House of Representatives passed the "Big Beautiful Bill" of tax reform, which made permanent many of the individual tax cuts and reforms of the 2017 Tax Cuts and Jobs Act (TCJA). This included a deduction, referred to as the Section 199A deduction, on qualified business income for pass-through entities (sole proprietorships, partnerships, limited liability companies, and S-corporations). The bill increased the deduction from 20% to 23%.

In addition to these tax breaks, insurance agents can also take advantage of various tax deductions and write-offs. For example, they can deduct expenses related to client travel or business trips, such as vehicle use, flights, hotels, and parking. They can also deduct the cost of office supplies, such as pens, binders, folders, and printer ink. Fees to obtain or renew licenses, as well as continuing education and training costs, are also tax-deductible.

To maximize their tax deductions, insurance agents should keep track of their receipts and expenses throughout the year and consider working with a Certified Public Accountant (CPA) who can help uncover potential deductions and ensure accurate tax filing.

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Prohibition of assignment of benefits

Florida's Senate Bill 2-A, which came into effect on 16 December 2022, has brought about significant changes to the state's property insurance landscape, particularly concerning the prohibition of assignment of benefits.

An "Assignment of Benefits" (AOB) refers to the transfer of contractual rights from one party to another. In the context of insurance, this means that policyholders can assign their benefits, such as the right to receive insurance payouts, to another party. Once the assignment is made, the assignee gains the authority to enforce the insurance contract, including taking legal action against the insurer if necessary.

Previously, Florida allowed property owners to assign the benefits from their insurance policy to a third party when they needed to file a claim. For example, a homeowner could grant a trusted full-service contractor the rights to insurance benefits in exchange for a guarantee that the contractor would repair disaster damage in full. The contractor could then receive insurance payments directly from the insurer.

However, Senate Bill 2-A amended Florida law to prohibit assignments of benefits in certain circumstances. Specifically, the bill prohibits assigning any post-loss benefits under residential or commercial property insurance policies issued after 1 January 2023. This means that property owners with policies issued after this date are no longer allowed to assign their insurance benefits to third parties.

The prohibition of assignment of benefits is intended to address concerns raised by insurers and reduce the strain on them, with the expectation that it will eventually lead to lower prices for consumers. However, critics argue that this could take years to occur and may harm policyholders in the meantime. By removing a tool that property owners have used to simplify the process of repairing their homes and businesses, the law will make it more challenging for policyholders to receive fair compensation for damage after disasters. Additionally, it may reduce incentives for contractors to promptly fix properties and make it more difficult for policyholders to find skilled contractors.

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Changes to health insurance marketplaces

The One Big Beautiful Bill Act (OBBBA) will bring about significant changes to the Affordable Care Act (ACA) marketplaces, resulting in millions of people losing their coverage and becoming uninsured. The bill includes provisions that will eliminate automatic re-enrolment for individuals receiving premium tax credits, requiring annual reverification of tax credit eligibility. This will create a new administrative burden for enrollees and result in significantly higher premiums for those who fail to re-enrol promptly. The Congressional Budget Office estimates that at least 3 million current marketplace enrollees will lose coverage.

The OBBBA also does not extend the enhanced marketplace premium tax credits, which have enabled millions of low and middle-income individuals and families to purchase affordable healthcare coverage through the marketplaces. The expiration of these credits will effectively be a tax increase for millions of people and result in an additional 4.2 million people becoming uninsured. The cumulative impact of the changes to the ACA marketplaces in the OBBBA and the expiration of the enhanced premium tax credits could result in nearly one-third of all current marketplace enrollees losing access to affordable healthcare coverage.

In addition to the OBBBA, there have been other proposed insurance rules that call for significant changes to health insurance marketplaces. These include the institution of standard plan designs, with issuers on the federally-facilitated marketplace (FFM) being required to offer standard benefit designs at every actuarial metal level for which they offer coverage. The rule establishes parameters for these plans, including details for standard deductibles and out-of-pocket costs.

Another proposed change is the reinstatement of a prohibition on insurance marketplaces, states, issuers, agents, brokers, or insurer representatives from discriminating based on sexual orientation or gender identity. This prohibition extends to marketing practices and benefit design, ensuring that they are not discriminatory.

Other proposed changes include prohibiting QHP advertising on QHP websites, requiring web-brokers to display a standard disclaimer directing consumers to the relevant insurance marketplace if they do not have certain data available, and prohibiting certain "scripting" or automation in enrollment processes without consumer consent.

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Reinsurance rates and cost caps

In the context of insurance, reinsurance refers to insurance purchased by insurance companies. Reinsurance rates are expected to increase by at least 50% in Florida, with the state establishing the Florida Optional Reinsurance Assistance (FORA) Program for the 2023 hurricane season. The program offers insurance companies the option to purchase hurricane reinsurance at near-market rates, with the aim of reducing the need for insurance companies to increase premiums for policyholders.

In California, Insurance Commissioner Ricardo Lara has issued a landmark regulation that treats reinsurance like other insurance company expenses, such as claims handling or agent commissions. This regulation establishes an industry-wide standard cost of reinsurance and caps the amount of reinsurance costs that can be charged to consumers. Companies spending above the industry standard cannot pass these costs on to their policyholders. By setting a standard cost, the regulation encourages insurance companies to be efficient and compete for the best price for reinsurance, ultimately benefiting consumers.

The California regulation also ensures that consumers only pay for California-specific costs, excluding them from paying for disasters in other regions, such as Gulf Coast hurricanes or Midwest windstorms. This is particularly relevant as climate risks escalate across the nation, making reinsurance an imperative component for insurance companies operating in high-risk areas.

In Florida, regulators have made sweeping changes to create a more mutually beneficial environment for both insurers and insureds. They aim to increase the supply of available insurance, stabilize insurance rates, and reduce the burden on taxpayer-backed plans. One notable change is the elimination of one-way attorney fees, where the insurer is no longer required to pay for the insured's legal fees if the insured wins in court. This move is expected to significantly reduce costs for insurance companies.

Florida has also introduced mandatory binding arbitration provisions, where insurers can include these provisions within their policies if they offer a premium credit and a policy without this provision. This feature reduces costs for insurers and expedites the claims process.

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Disclosure requirements for sellers

Property Insurance

In the context of property insurance, there are specific disclosure requirements that sellers and insurance agents must adhere to. For example, in Florida, House Bill 1049 requires sellers of residential properties to provide a flood disclosure to purchasers at or before the execution of the sales contract. This disclosure must include information such as whether the seller has filed a flood insurance claim or received federal assistance for flood damage. Additionally, the bill removes the requirement for surplus lines insurance agents to make diligent efforts to obtain coverage through an authorized insurance company. Instead, insureds or policyholders must sign a disclosure notice acknowledging their understanding that they are obtaining coverage through a surplus lines insurance company, which is not approved by any Florida regulatory agency.

Health Insurance

The U.S. Department of Health and Human Services (HHS) proposed the Notice of Benefit and Payment Parameters for the 2023 plan year, which includes potential changes for health insurance marketplaces. While the specifics of disclosure requirements for sellers are not mentioned, the proposal includes a prohibition on discrimination based on sexual orientation or gender identity in marketing practices and benefit design.

Insurance Producer Disclosures

Insurance Regulation 194 outlines disclosure requirements for insurance producers, which include insurance agents, brokers, and any individuals or entities licensed to sell, solicit, or negotiate insurance. According to this regulation, insurance producers must provide a mandatory initial disclosure to purchasers, including a description of their role in the sale and compensation amounts if requested. These disclosures apply regardless of the method of communication with the purchaser, including face-to-face, mail, internet, or telephone interactions.

Consumer Protection in Sales of Insurance

Federal regulations outline specific disclosure requirements for the sale of insurance products or annuities. These disclosures must be provided orally and in writing before the completion of the initial sale. They include information such as the insurance product not being guaranteed or insured by specific entities and the potential investment risks associated with certain insurance products. Additionally, in the case of credit applications, sellers must disclose that the extension of credit is not conditioned on the consumer's purchase of a specific insurance product.

Frequently asked questions

The "Big Beautiful Bill" is a tax reform bill that makes permanent much of the 2017 Tax Cuts and Jobs Act (TCJA). It includes tax breaks for insurance agents and increases the deduction on qualified business income for pass-through entities from 20% to 23%.

The "Big Beautiful Bill" makes significant changes to the Affordable Care Act (ACA) marketplaces, including eliminating automatic reenrollment for individuals receiving premium tax credits and reducing the amount of available tax credits. These changes could lead to millions of people losing their coverage and becoming uninsured.

Florida's insurance regulation changes aim to create a more mutually advantageous environment for both insurers and insureds. They include eliminating one-way attorney fees, prohibiting the assignment of benefits (AOB), and implementing mandatory binding arbitration provisions within insurance policies. These changes are intended to reduce litigation costs for insurance companies and stabilize insurance rates.

The bill includes provisions such as the establishment of the Florida Optional Reinsurance Assistance (FORA) Program, which offers reinsurance to insurance companies at near-market rates. It also reduces the deadline for policyholders to report a claim and requires sellers of residential properties to disclose flood-related information, including whether the property is covered for flood damage.

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