(a) The commissioner may adopt rules to implement state responsibility in compliance with a federal law or regulation or action of a federal court relating to a person or activity under the jurisdiction of the department if:
(1) federal law or regulation, or an action of a federal court, requires:
(A) a state to adopt the rules; or
(B) action by a state to ensure protection of the citizens of the state;
(2) the rules will avoid federal preemption of state insurance regulation; or
(3) the rules will prevent the loss of federal funds to this state.
(b) The commissioner may adopt a rule under this section only if the federal action requiring the adoption of a rule occurs or takes effect between sessions of the legislature or at such time during a session of the legislature that sufficient time does not remain to permit the preparation of a recommendation for legislative action or permit the legislature to act. A rule adopted under this section shall remain in effect only until 30 days following the end of the next session of the legislature unless a law is enacted that authorizes the subject matter of the rule. If a law is enacted that authorizes the subject matter of the rule, the rule will continue in effect.