Article 2d.--HEALTH ORGANIZATION RISK-BASED CAPITAL REQUIREMENTS
40-2d20.RBC reports, plans and corrective ordersare confidential; not to be used for rate making.(a) All RBC reports, RBC plans and any corrective orders,including the working papers and the results of any analysis of a healthorganizationperformed under this act shall be kept confidential by the commissioner. Thisinformation shall not be made public or subject to subpoena, other than by thecommissioner and then only for the purpose of enforcement actions taken by thecommissioner pursuant to this act or any other provision of the insurance lawsof this state.
(b) RBC instructions, RBC reports, adjusted RBC reports, RBC plans andrevised RBC plans are intended solely for use by the commissioner in monitoringthe solvency of health organizations and the need for possible correctiveaction withrespect to health organizations and shall not be used by the commissioner forratemakingnor considered or introduced as evidence in any rate proceeding nor used by thecommissioner to calculate or derive any elements of an appropriate premiumlevel or rate of return for any line of insurance which an health organizationor anyaffiliate is authorized to write.
(c) (1) The commissioner may share or exchange any documents, materials orother information, including confidential and privileged documents referred toin subsection (a), received in the performance of the commissioner's dutiesunder this act, with:
(A) The NAIC;
(B) other state, federal or international regulatory agencies; and
(C) other state, federal or international law enforcement authorities.
(2) (A) The sharing or exchanging of documents, materials or otherinformation under this subsection shall be conditioned upon the recipient'sauthority and agreement to maintain the confidential and privileged status, ifany, of the documents, materials or other information being shared orexchanged.
(B) No waiver of an existing privilege or claim of confidentiality in thedocuments, materials or information shall occur as a result of disclosure tothe commissioner under this section or as a result of sharing as authorized byparagraph (1) of subsection (c).
(3) The commissioner of insurance is hereby authorized to adopt such rulesand regulations establishing protocols governing the exchange of information asmay be necessary to implement and carry out the provisions of this act.
Article 2d.--HEALTH ORGANIZATION RISK-BASED CAPITAL REQUIREMENTS
40-2d20.RBC reports, plans and corrective ordersare confidential; not to be used for rate making.(a) All RBC reports, RBC plans and any corrective orders,including the working papers and the results of any analysis of a healthorganizationperformed under this act shall be kept confidential by the commissioner. Thisinformation shall not be made public or subject to subpoena, other than by thecommissioner and then only for the purpose of enforcement actions taken by thecommissioner pursuant to this act or any other provision of the insurance lawsof this state.
(b) RBC instructions, RBC reports, adjusted RBC reports, RBC plans andrevised RBC plans are intended solely for use by the commissioner in monitoringthe solvency of health organizations and the need for possible correctiveaction withrespect to health organizations and shall not be used by the commissioner forratemakingnor considered or introduced as evidence in any rate proceeding nor used by thecommissioner to calculate or derive any elements of an appropriate premiumlevel or rate of return for any line of insurance which an health organizationor anyaffiliate is authorized to write.
(c) (1) The commissioner may share or exchange any documents, materials orother information, including confidential and privileged documents referred toin subsection (a), received in the performance of the commissioner's dutiesunder this act, with:
(A) The NAIC;
(B) other state, federal or international regulatory agencies; and
(C) other state, federal or international law enforcement authorities.
(2) (A) The sharing or exchanging of documents, materials or otherinformation under this subsection shall be conditioned upon the recipient'sauthority and agreement to maintain the confidential and privileged status, ifany, of the documents, materials or other information being shared orexchanged.
(B) No waiver of an existing privilege or claim of confidentiality in thedocuments, materials or information shall occur as a result of disclosure tothe commissioner under this section or as a result of sharing as authorized byparagraph (1) of subsection (c).
(3) The commissioner of insurance is hereby authorized to adopt such rulesand regulations establishing protocols governing the exchange of information asmay be necessary to implement and carry out the provisions of this act.
Article 2d.--HEALTH ORGANIZATION RISK-BASED CAPITAL REQUIREMENTS
40-2d20.RBC reports, plans and corrective ordersare confidential; not to be used for rate making.(a) All RBC reports, RBC plans and any corrective orders,including the working papers and the results of any analysis of a healthorganizationperformed under this act shall be kept confidential by the commissioner. Thisinformation shall not be made public or subject to subpoena, other than by thecommissioner and then only for the purpose of enforcement actions taken by thecommissioner pursuant to this act or any other provision of the insurance lawsof this state.
(b) RBC instructions, RBC reports, adjusted RBC reports, RBC plans andrevised RBC plans are intended solely for use by the commissioner in monitoringthe solvency of health organizations and the need for possible correctiveaction withrespect to health organizations and shall not be used by the commissioner forratemakingnor considered or introduced as evidence in any rate proceeding nor used by thecommissioner to calculate or derive any elements of an appropriate premiumlevel or rate of return for any line of insurance which an health organizationor anyaffiliate is authorized to write.
(c) (1) The commissioner may share or exchange any documents, materials orother information, including confidential and privileged documents referred toin subsection (a), received in the performance of the commissioner's dutiesunder this act, with:
(A) The NAIC;
(B) other state, federal or international regulatory agencies; and
(C) other state, federal or international law enforcement authorities.
(2) (A) The sharing or exchanging of documents, materials or otherinformation under this subsection shall be conditioned upon the recipient'sauthority and agreement to maintain the confidential and privileged status, ifany, of the documents, materials or other information being shared orexchanged.
(B) No waiver of an existing privilege or claim of confidentiality in thedocuments, materials or information shall occur as a result of disclosure tothe commissioner under this section or as a result of sharing as authorized byparagraph (1) of subsection (c).
(3) The commissioner of insurance is hereby authorized to adopt such rulesand regulations establishing protocols governing the exchange of information asmay be necessary to implement and carry out the provisions of this act.
