40-223j.Same; authority of commissioner; rules andregulations.(a) The statement of actuarial opinion shall be provided withtheannual statement inaccordance with the appropriate NAIC property and casualty annual statementinstructions andshall be treated as a public document.
(b) (1) Any document, material or other information, in the control orpossession of thedepartment thatis furnished to the commissioner pursuant to this act orobtained by thecommissioner in an investigation pursuant to this section shall be keptconfidential by thecommissioner. Such information shall not be made public or subject to subpoena,other than bythe commissioner and then only for the purpose of enforcement actions taken bythecommissioner pursuant to this act or any other provision of the insurance lawsof this state.
(2) (A) This subsection shall not be construed to limit the commissioner'sauthority to release thedocuments to the actuarial board for counseling and discipline so long as thematerial is requiredfor the purpose of professional disciplinary proceedings and that the actuarialboard forcounseling and discipline establishes procedures satisfactory to thecommissioner for preservingthe confidentiality of the documents.
(B) This subsection shall not be construed to limit the commissioner'sauthority to use thedocuments, materials or other information in furtherance of any regulatory orlegal action brought as part of the commissioner's official duties.
(3) Neither the commissioner nor any person who received documents, materialsor otherinformation while acting under the authority of the commissioner shall berequired to testify inany private civil action concerning any confidential documents, materials orinformation subjectto paragraph (1).
(4) The commissioner may share or exchange any documents, materials or otherinformation,including confidential and privileged documents referred to in paragraph (1),received in theperformance of the commissioner's duties under this act, with:
(A) The NAIC and its affiliates and subsidiaries;
(B) the actuarial board for counseling and discipline or any other entitywhich regulatesactuaries;
(C) other state, federal or international regulatory agencies; and
(D) other state, federal or international law enforcement authorities.
(5) (A) The sharing or exchanging of documents, materials or otherinformation under thissubsection shall be conditioned upon the recipient's authority and agreement tomaintain theconfidential and privileged status, if any, of the documents, materials orother information beingshared or exchanged.
(B) No waiver of an existing privilege or claim of confidentiality in thedocuments, materials orinformation shall occur as a result of disclosure to the commissioner underthis section or as aresult of sharing such documents, materials or information as authorized bythis subsection.
(6) The commissioner of insurance is hereby authorized to adopt such rulesand regulationsestablishing protocols governing the exchange of information as may benecessary to implementand carry out the provisions of this act.
(c) The provisions of paragraph (2) of subsection (b) shall expire on July1, 2013, unless thelegislature acts to reenact such provision. The provisions of paragraph (2) ofsubsection (b) shallbe reviewed by the legislature prior to July 1, 2013.
(d) For the purposes of this section: (1) "Commissioner" shall mean thecommissioner ofinsurance.
(2) "NAIC" shall mean the national association of insurance commissioners.
40-223j.Same; authority of commissioner; rules andregulations.(a) The statement of actuarial opinion shall be provided withtheannual statement inaccordance with the appropriate NAIC property and casualty annual statementinstructions andshall be treated as a public document.
(b) (1) Any document, material or other information, in the control orpossession of thedepartment thatis furnished to the commissioner pursuant to this act orobtained by thecommissioner in an investigation pursuant to this section shall be keptconfidential by thecommissioner. Such information shall not be made public or subject to subpoena,other than bythe commissioner and then only for the purpose of enforcement actions taken bythecommissioner pursuant to this act or any other provision of the insurance lawsof this state.
(2) (A) This subsection shall not be construed to limit the commissioner'sauthority to release thedocuments to the actuarial board for counseling and discipline so long as thematerial is requiredfor the purpose of professional disciplinary proceedings and that the actuarialboard forcounseling and discipline establishes procedures satisfactory to thecommissioner for preservingthe confidentiality of the documents.
(B) This subsection shall not be construed to limit the commissioner'sauthority to use thedocuments, materials or other information in furtherance of any regulatory orlegal action brought as part of the commissioner's official duties.
(3) Neither the commissioner nor any person who received documents, materialsor otherinformation while acting under the authority of the commissioner shall berequired to testify inany private civil action concerning any confidential documents, materials orinformation subjectto paragraph (1).
(4) The commissioner may share or exchange any documents, materials or otherinformation,including confidential and privileged documents referred to in paragraph (1),received in theperformance of the commissioner's duties under this act, with:
(A) The NAIC and its affiliates and subsidiaries;
(B) the actuarial board for counseling and discipline or any other entitywhich regulatesactuaries;
(C) other state, federal or international regulatory agencies; and
(D) other state, federal or international law enforcement authorities.
(5) (A) The sharing or exchanging of documents, materials or otherinformation under thissubsection shall be conditioned upon the recipient's authority and agreement tomaintain theconfidential and privileged status, if any, of the documents, materials orother information beingshared or exchanged.
(B) No waiver of an existing privilege or claim of confidentiality in thedocuments, materials orinformation shall occur as a result of disclosure to the commissioner underthis section or as aresult of sharing such documents, materials or information as authorized bythis subsection.
(6) The commissioner of insurance is hereby authorized to adopt such rulesand regulationsestablishing protocols governing the exchange of information as may benecessary to implementand carry out the provisions of this act.
(c) The provisions of paragraph (2) of subsection (b) shall expire on July1, 2013, unless thelegislature acts to reenact such provision. The provisions of paragraph (2) ofsubsection (b) shallbe reviewed by the legislature prior to July 1, 2013.
(d) For the purposes of this section: (1) "Commissioner" shall mean thecommissioner ofinsurance.
(2) "NAIC" shall mean the national association of insurance commissioners.
40-223j.Same; authority of commissioner; rules andregulations.(a) The statement of actuarial opinion shall be provided withtheannual statement inaccordance with the appropriate NAIC property and casualty annual statementinstructions andshall be treated as a public document.
(b) (1) Any document, material or other information, in the control orpossession of thedepartment thatis furnished to the commissioner pursuant to this act orobtained by thecommissioner in an investigation pursuant to this section shall be keptconfidential by thecommissioner. Such information shall not be made public or subject to subpoena,other than bythe commissioner and then only for the purpose of enforcement actions taken bythecommissioner pursuant to this act or any other provision of the insurance lawsof this state.
(2) (A) This subsection shall not be construed to limit the commissioner'sauthority to release thedocuments to the actuarial board for counseling and discipline so long as thematerial is requiredfor the purpose of professional disciplinary proceedings and that the actuarialboard forcounseling and discipline establishes procedures satisfactory to thecommissioner for preservingthe confidentiality of the documents.
(B) This subsection shall not be construed to limit the commissioner'sauthority to use thedocuments, materials or other information in furtherance of any regulatory orlegal action brought as part of the commissioner's official duties.
(3) Neither the commissioner nor any person who received documents, materialsor otherinformation while acting under the authority of the commissioner shall berequired to testify inany private civil action concerning any confidential documents, materials orinformation subjectto paragraph (1).
(4) The commissioner may share or exchange any documents, materials or otherinformation,including confidential and privileged documents referred to in paragraph (1),received in theperformance of the commissioner's duties under this act, with:
(A) The NAIC and its affiliates and subsidiaries;
(B) the actuarial board for counseling and discipline or any other entitywhich regulatesactuaries;
(C) other state, federal or international regulatory agencies; and
(D) other state, federal or international law enforcement authorities.
(5) (A) The sharing or exchanging of documents, materials or otherinformation under thissubsection shall be conditioned upon the recipient's authority and agreement tomaintain theconfidential and privileged status, if any, of the documents, materials orother information beingshared or exchanged.
(B) No waiver of an existing privilege or claim of confidentiality in thedocuments, materials orinformation shall occur as a result of disclosure to the commissioner underthis section or as aresult of sharing such documents, materials or information as authorized bythis subsection.
(6) The commissioner of insurance is hereby authorized to adopt such rulesand regulationsestablishing protocols governing the exchange of information as may benecessary to implementand carry out the provisions of this act.
(c) The provisions of paragraph (2) of subsection (b) shall expire on July1, 2013, unless thelegislature acts to reenact such provision. The provisions of paragraph (2) ofsubsection (b) shallbe reviewed by the legislature prior to July 1, 2013.
(d) For the purposes of this section: (1) "Commissioner" shall mean thecommissioner ofinsurance.
(2) "NAIC" shall mean the national association of insurance commissioners.
