Iowa Admin. Code r. 191-58.17 - Confidential information
(1) Neither
the commissioner nor any person who received documents, materials or other
information while acting under the authority of the commissioner shall be
permitted or required to testify in any private civil action concerning any
confidential documents, materials or information subject to Iowa Code section
51014..
(2) In order to assist in the performance of
the commissioner's duties, the commissioner:
a. May share documents, materials or other
information, including the confidential and privileged documents, materials or
information subject to Iowa Code section
51014.,
with other state, federal and international regulatory agencies, with the
National Association of Insurance Commissioners, its affiliates or subsidiaries
and with state, federal and international law enforcement authorities, provided
that the recipient agrees to maintain the confidentiality and privileged status
of the documents, materials or other information;
b. May receive documents, materials or
information, including otherwise confidential and privileged documents,
materials or information, from the National Association of Insurance
Commissioners, its affiliates or subsidiaries, and from regulatory and law
enforcement officials of other foreign or domestic jurisdictions, and shall
maintain as confidential or privileged any document, material or information
received with notice or the understanding that it is confidential or privileged
under the laws of the jurisdiction that is the source of the document, material
or information; and
c. May enter
into agreements governing the sharing and use of information consistent with
this subrule.
(3) No
waiver of any applicable privilege or claim of confidentiality in the
documents, materials or information shall occur as a result of disclosure to
the commissioner under rule 191-58.17 (510) or as a result of sharing as
authorized in subrule 58.17(2).
(4)
Nothing in this rule shall prohibit the commissioner from releasing final,
adjudicated actions, including for-cause terminations that are open to public
inspection pursuant to Iowa Code chapter 22 or Iowa Code section
5058.,
to a database or other clearinghouse service maintained by the National
Association of Insurance Commissioners, its affiliates or
subsidiaries.
(5) In the event the
insurer and the third-party administrator cancel their agreement, the
third-party administrator may, by written agreement with the insurer, transfer
all records to a new third-party administrator rather than retain the records
for the five years required under Iowa Code section
51014..
In such cases, the new third-party administrator shall acknowledge, in writing,
that it is responsible for retaining the records of the prior third-party
administrator as required in Iowa Code section
51014..
Notes
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