Compliance in the insurance industry is more than a buzzword—it’s an integral pillar that promotes integrity and stability throughout the industry. It ensures that insurance companies, brokers, and agents operate ethically, transparently, and in accordance with legal and regulatory requirements.
These regulations not only protect policyholders but also create a level playing field for all insurance marketplace participants. Given the role of compliance, keeping up to date on changes is essential to avoid severe consequences, such as hefty fines, reputational damage, and legal liabilities.
Achieving and maintaining compliance with applicable standards can be overwhelming, especially considering the ever-changing nature of regulations and rules. However, with help from a skilled insurance compliance expert, you can take steps to maintain compliance as you navigate the insurance industry.
Key Compliance Requirements in the Insurance Industry
In the insurance industry, compliance regulations are primarily handled at a state level. Due to this, regulatory frameworks vary from one state to the next. State agency responsibilities may include:
- Regulating insurance companies including areas relating to financial stability, and rates and policy forms.
- Performing market conduct examinations to assess insurers’ business practices, which may include underwriting, sales, claims handling, and customer service.
- Regulating the business practices of insurance intermediaries such as agencies, brokerages and premium finance companies in areas related to sales, marketing and compensation.
- Creating standards of competence and conduct for individual agents and brokers through the establishment of licensing requirements, license examinations, minimum continuing education obligations and licensee background checks.
While there is a significant amount of regulation at the state level, there are also several federal agencies that regulate, oversee, and monitor the conduct of individuals and entities within the insurance space, including:
- The Financial Industry Regulatory Authority (FINRA) and the Securities and Exchange Commission (SEC) which regulate the sale of variable annuities.
- The Dodd-Frank Wall Street Reform and Consumer Protection Act, which created three entities:
- The Federal Insurance Office (FIO) which monitors the insurance industry to identify issues or gaps in regulations that could contribute to a systemic crisis, and
- The Financial Stability Oversight Council (FSOC) which brings together the expertise of federal and state financial regulators to identify and assess emerging threats to US financial stability.
- The Consumer Financial Protection Bureau (CFPB) which enforces federal consumer financial laws, protecting consumers from predatory companies and practices.
- The Department of Health & Human Services’ Office of Civil Rights, which provides policy guidance, enforces compliance, and handles complaints related to privacy and security standards under the Health Insurance Portability and Accountability Act (HIPAA).
Expert Compliance Management Tips
Compliance management, while intimidating, isn’t impossible. Here are a few expert tips covering how to maintain compliance with insurance regulations:
Set Up a Compliance Management System
A compliance management system plays a pivotal role in achieving and maintaining compliance in the insurance sector. Setting up a robust compliance management system includes:
- Conducting a thorough risk assessment to identify weak points and vulnerabilities, including assessing regulatory requirements, operational processes, emerging risks, and third-party relationships.
- Developing policies, procedures, and guidelines that outline compliance expectations, responsibilities, and protocols for employees to follow.
- Implementing mechanisms for ongoing monitoring, testing, and reporting of compliance activities, which may include audits, reviews, and assessments to ensure your staff follows policies and regulations.
- Establishing definitive lines of accountability, oversight mechanisms, and governance structures to promote coordinated, monitored, and enforced compliance efforts throughout your business.
Options like the Creative Compliance Hub provide task management tools, license status updates, and continuing education tracking. These systems are designed for fast and easy onboarding, featuring user-friendly platforms and highly customizable dashboards for seamless integration.
Provide Regular Training and Updates for Staff
Keeping your staff trained and current with new regulatory changes is a vital part of a successful compliance management strategy. This may include:
- Compliance training programs that implement robust training sessions covering regulatory requirements, company policies, best practices, and ethical standards.
- Scenario-based training to prepare employees for real-world situations and give them the tools they need to properly address compliance challenges as they arise.
- Ongoing education and updates to keep employees abreast of regulation changes, industry trends, and emerging compliance risks. This may look different for each organization but may include seminars, webinars, and online resources.
Implement Management Strategies
With a compliance management system and training expectations in place, it’s important to consider your documentation and data management strategies. This may involve:
- Document retention policies that outline how different types of records should be stored, retention periods, and procedures for storage, retrieval, and disposal.
- Implementing well-rounded data security and privacy measures, such as encryption, access controls, and routine security assessments, to safeguard sensitive information.
- Maintaining accurate and comprehensive records, compliance activity documentation, and incident reports
- Leveraging document management systems or compliance software solutions to streamline document storage, retrieval, and management processes.
Technology’s Role in Ensuring Compliance
Achieving and maintaining compliance with insurance industry regulations and requirements can be daunting, but with help from advanced tools and software solutions, the process becomes more streamlined.
Multiple tools are available to ease the process, each designed for a different purpose. For example, compliance management software can significantly improve compliance by automating compliance tasks, tracking regulatory changes, and managing compliance workflows more effectively.
Or data analytics and monitoring tools can help you identify and mitigate compliance risks in real-time by analyzing immense amounts of data for anomalies or concerning activities.
Streamline Your Compliance Strategy With Expert Tips
Compliance, while a necessary evil, is an integral part of the insurance industry. It creates a level playing field, helping insurers, intermediaries, and policyholders by setting standards and regulations designed to protect each party.
Though developing a robust compliance management strategy can be daunting, multiple tools and tips, such as implementing a robust compliance management system or leveraging technology solutions, can streamline the process. If the prospect of creating a compliance strategy seems daunting, chat with a knowledgeable compliance professional who can help you craft a strategy curated to your needs.
By incorporating these compliance tips, whether by yourself or with professional assistance, you can put your business’s best foot forward, navigate regulatory challenges in the insurance industry with confidence, and safeguard your long-term success.
