Insights: Board and Audit Committee Advisory

Recent activity by regulators shows an increased focus on cybersecurity in the insurance industry. The National Association of Insurance Commissioners (NAIC) has published its Principles for Effective Cybersecurity Insurance Regulatory Guidance. In addition, the New York Department of Financial Services (NY DFS) recently released guidance for New York insurance organizations with their Report on Cybersecurity in the Insurance Sector.

Within the last several months, two significant insurance organizations have announced greater involvement in initiatives to reduce cybersecurity risk throughout the insurance industry. The New York State Department of Financial Services (NY DFS) released the results of its survey on cybersecurity practices and the National Association of Insurance Commissioners (NAIC) recently adopted a set of cybersecurity regulatory principles.

Large companies have been forming captive insurance companies (captives) to self-insure their risks since the 1950’s. In general, these captives were formed to lower insurance costs, provide access to the reinsurance market, and cover exposures where there are gaps in the commercial market. When congress enacted section 831(b) of the Internal Revenue code in 1986, it was intended to extend the benefits of self-insurance, from large publicly traded companies to smaller middle market closely held business entities.

Practical tips were developed by HHS OIG, the Association of Healthcare Internal Auditors, the American Health Lawyers Association, and the Health Care Compliance Association to help hospital governing boards with their compliance plan oversight obligations.

Baker Tilly's insurance industry specialists discuss if captive insurance companies could be a solution for your organization.