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State Government Affairs
Canadian Politics 101
February 7, 2025 | Bill Kramer
March 12, 2025 | Liz Malm, Brock Ingmire
Key Takeaways:
As part of MultiState’s Stakeholder Engagement Practice’s virtual event series, Maggie Mick and Brock Ingmire recently sat down with William Melofchik, CEO of the National Council of Insurance Legislators (NCOIL), to learn about the organization and his vision for 2025. NCOIL convenes legislators serving on state insurance and financial institution committees across the country.
Founded in 1969, NCOIL has been a critical player in state-level insurance policy development, bringing together legislators from across the country to create meaningful, collaborative insurance legislation. NCOIL works to write model insurance policy that preserves the state jurisdiction over insurance and to educate public and private stakeholders on sound insurance policy. Here’s a recap of our recent conversation with Will and what's in store for NCOIL this year as it enters a new chapter..
Will Melofchik stepped into the role of CEO this January but is no stranger to NCOIL. Prior to becoming CEO, Will was the organization’s General Counsel. He has spent time in both private practice and the public sector, previously serving as a regulatory officer in the Legislative and Regulatory Affairs Unit at the New Jersey Department of Banking and as a judicial law clerk to the Honorable Paul Escadon at the Superior Court in Freehold, New Jersey.
NCOIL has a commitment to bipartisan policymaking and works to ensure they’re not just developing reactive policy — they strive to be forward-looking and pursue model policies, best practices, and guidance that arms state lawmakers with key knowledge and insights before they need it.
With approximately 35 current dues paying states as members, NCOIL’s goal is to expand its membership and elevate its profile. Will says that what’s top of mind for him is “overall growth in membership and relevance.” What does that look like? NCOIL is working to expand membership to more states and educate state legislators on NCOIL and its mission. Working to gain exposure with federal lawmakers is also a goal so when federal policy arises that impacts state insurance markets, NCOIL is poised to provide expert testimony and be a resource.
NCOIL strives to ensure its model policy process is inclusive and thorough, yet timely. The process of developing model policy includes extensive stakeholder engagement. Will describes a successful piece of legislation as one where "everyone leaves the room kind of sullen, but not rebellious" — in other words, effective policy requires compromise.
Model policy is typically developed over the course of a calendar year, with key milestones at each of NCOIL’s national meetings. At these meetings, there are separate policy committees for each line of insurance (life, health, and property/casualty, for example). Members of those committees are state legislators who serve on an insurance or financial services committee, and in many cases are committee chairs — however, it’s not a requirement that legislators serve on a relevant committee for them to participate.
Generally, new model policies are introduced in the spring, further discussed in the summer, and voted on in the fall. This isn’t a rigid rule, but it’s the system that’s worked well for NCOIL for the last decade. In those cases where an issue requires more discussion, they’ll extend the timeline.
At NCOIL’s recent meeting in San Antonio, a number of pieces of model legislation were considered and moved out of subject matter committee to the Executive Committee for consideration or had continued dialogue with likely action coming at their next meeting in April 2025, including:
Value Based Purchasing Model Act, which provides authorizing language for state Medicaid agencies to enter into value-based purchasing arrangements with drug manufacturers.
Earned Wage Access Model Act, which establishes licensure, oversight and operating requirements for businesses engaging in earned income access transactions.
Transparency in Third Party Litigation Financing Model Act, which establishes consumer protections for third-party litigation funding transactions, inclusive of requirements pertaining to disclosure, registration, and funding company and attorney responsibilities.
Strengthen Homes Model Act, which establishes a grant program in a state’s Department of Insurance or similar agency of record to retrofit insurable property with a homestead exemption to resist loss due to natural disaster.
Model Act in Support of Mental Health Wellness Exams, which requires health plans to provide coverage for an annual standalone mental health wellness examination that is performed by a mental health professional.
Other model legislation received further discussion by subject matter committees. For instance, there remains interest by a number of NCOIL members to seek avenues for engagement relative to state oversight of ERISA plans. NCOIL heard from a number of subject matter experts relative to whether and how this might work, inclusive of proposals to waive federal preemption or drive clarity on whether ERISA’s intent was to regulate single-state ERISA plans. Additionally, NCOIL members heard from experts about the increasing likelihood that state insurance departments will take on more regulatory activity as a result of the Chevron repeal.
NCOIL is set to meet next in Charleston, South Carolina April 24-27, 2025.
Like all other sectors, the insurance industry is grappling with how artificial intelligence will fit in. NCOIL plans to take an active role in these policy discussions this year under the leadership of their new president, New York state Assemblywoman Pamela Hunter (D). According to Will, there are two policy frameworks emerging in this area. One requires notice to consumers that AI has been used to communicate patient clinical information. Other states have enacted laws that require medical professionals to make medical necessity determinations and prohibit AI from doing so.
Will anticipates that NCOIL will be using these existing bills as a starting point to develop some model policy, which may end up dealing with other lines of insurance, as well. He noted that NCOIL has been closely following the work of the National Association of Insurance Commissioners (NAIC) on the subject of AI that culminated in NAIC’s adoption of a model bulletin.
There are several ways businesses and organizations can engage with NCOIL lawmakers. The first is to attend the three national meetings held throughout the year. These are a great place to not only engage with NCOIL’s legislator members, but to meet other stakeholders interested in insurance policy, such as consumer advocates, businesses, and regulators. At these meetings, NCOIL not only develops model policy but also puts on panels to educate policymakers on what the current and important insurance issues are.
Another way is to join the Corporate and Institutional Partners (CIP) program, where organizations can join at different levels and based on membership level receive certain benefits. NCOIL holds two different CIP meetings throughout the year. The first is attended by NCOIL staff and CIP members and provides a forum for CIP members to provide feedback on the previous year’s activities and make recommendations for the year ahead — things like providing general comments on how the organization is doing in terms of membership and strategy. At this meeting, NCOIL staff also walks through what they expect each committee to work on in the coming year, allowing CIP members to provide candid feedback. There’s another similar meeting later in the year that acts as a mid-year check-in and is attended by NCOIL’s officers, committee chairs, and the vice chairs and follows a similar format to the first CIP meeting.
Stay tuned for more insights from our Stakeholder Engagement practice's virtual event series, where we continue to bring you in-depth conversations with key leaders in the state government affairs industry.
MultiState's Stakeholder Engagement Practice helps clients develop a strategic plan for engaging with policymaker and policy influencer organizations like NCOIL. These groups can move the needle in policy discussions across the country, and any effective state government relations strategy should include a comprehensive plan for engaging with these organizations. Read more about our Stakeholder Engagement practice here to learn more about how we can partner with you to develop a stakeholder engagement plan to support your advocacy agenda.
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