Text: SSB01219 Text: SSB01221 Text: SSB01200 - SSB01299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 514H.1 PURPOSE.
1 2 The purpose of this chapter is to establish standards for
1 3 the collection, use, and disclosure of information gathered in
1 4 connection with insurance transactions by insurance carriers,
1 5 producers, or insurance support organizations; to maintain a
1 6 balance between the need for information by those conducting
1 7 the business of insurance and the public's need for fairness
1 8 in insurance information practices, including the need to
1 9 minimize intrusiveness; to establish a regulatory mechanism to
1 10 enable an individual to ascertain what information is being or
1 11 has been collected about the individual in connection with
1 12 insurance transactions and to have access to such information
1 13 for the purpose of verifying or disputing its accuracy; to
1 14 limit the disclosure of information collected in connection
1 15 with insurance transactions; and to enable insurance
1 16 applicants and policyholders to obtain the reason for any
1 17 adverse underwriting decision.
1 18 Sec. 2. NEW SECTION. 514H.2 SCOPE.
1 19 1. This chapter applies to an insurance carrier, producer,
1 20 or insurance support organization as follows:
1 21 a. A life, health, and disability insurance carrier that
1 22 collects, receives, or maintains information in connection
1 23 with an insurance transaction which pertains to a natural
1 24 person who is a resident of this state, or that engages in an
1 25 insurance transaction with an applicant, individual, or a
1 26 policyholder who is a resident of this state.
1 27 b. A property or casualty insurance carrier that collects,
1 28 receives, or maintains information in connection with an
1 29 insurance transaction involving a policy, contract, or
1 30 certificate of insurance delivered, issued for delivery, or
1 31 renewed in this state, or that engages in an insurance
1 32 transaction involving a policy, contract, or certificate of
1 33 insurance delivered, issued for delivery, or renewed in this
1 34 state.
1 35 2. The rights granted under this chapter shall extend to
2 1 the following:
2 2 a. In the case of life, health, or disability insurance,
2 3 the following persons who are residents of this state:
2 4 (1) An individual who is the subject of information
2 5 collected, received, or maintained in connection with
2 6 insurance transactions.
2 7 (2) An applicant, individual, or policyholder who engages
2 8 in or seeks to engage in insurance transactions.
2 9 b. In the case of property or casualty insurance the
2 10 following persons:
2 11 (1) An individual who is the subject of information
2 12 collected, received, or maintained in connection with
2 13 insurance transactions involving policies, contracts, or
2 14 certificates of insurance delivered, issued for delivery, or
2 15 renewed in this state.
2 16 (2) An applicant, individual, or policyholder who engages
2 17 in or seeks to engage in insurance transactions involving
2 18 policies, contracts, or certificates of insurance delivered,
2 19 issued for delivery, or renewed in this state.
2 20 3. For purposes of this section, a person shall be
2 21 considered a resident of this state if the person's last known
2 22 mailing address, as shown in the records of the insurance
2 23 carrier, producer, or insurance support organization, is
2 24 located in this state.
2 25 4. Notwithstanding subsections 1 and 2, this chapter does
2 26 not apply to information collected from the public records of
2 27 a governmental authority and maintained by an insurance
2 28 carrier or the carrier's representatives for the purpose of
2 29 insuring the title to real property located in this state.
2 30 Sec. 3. NEW SECTION. 514H.3 DEFINITIONS.
2 31 As used in this chapter, unless the context otherwise
2 32 requires:
2 33 1. "Adverse underwriting decision" means:
2 34 a. With respect to insurance transactions involving
2 35 insurance coverage which is individually underwritten, any of
3 1 the following:
3 2 (1) A declination of insurance coverage.
3 3 (2) A termination of insurance coverage.
3 4 (3) In the case of a property or casualty insurance
3 5 coverage, either of the following:
3 6 (a) Placement by an insurance carrier or producer of a
3 7 risk with a residual market mechanism, an unauthorized
3 8 insurance carrier, or an insurance carrier which specializes
3 9 in substandard risks.
3 10 (b) The charging of a higher rate on the basis of
3 11 information which differs from that which the applicant or
3 12 policyholder furnished.
3 13 (4) In the case of life, health, or disability insurance
3 14 coverage, an offer to insure at higher than standard rates.
3 15 b. Notwithstanding paragraph "a", the following actions
3 16 shall not be considered adverse underwriting decisions, but
3 17 the insurance carrier or producer, if the producer has
3 18 underwriting authority, responsible for their occurrence shall
3 19 provide the applicant or policyholder with the specific reason
3 20 or reasons for their occurrence:
3 21 (1) The termination of an individual policy form on a
3 22 class or statewide basis.
3 23 (2) A declination of coverage solely because such coverage
3 24 is not available on a class or statewide basis.
3 25 (3) The rescission of a policy or contract.
3 26 2. "Affiliate" or "affiliated" means a person who
3 27 directly, or indirectly through one or more intermediaries,
3 28 controls, is controlled by, or is under common control with
3 29 another person.
3 30 3. "Applicant" means a person, other than a person seeking
3 31 group insurance that is not individually underwritten, who
3 32 seeks to contract for insurance coverage.
3 33 4. "Commissioner" means the commissioner of insurance.
3 34 5. "Consumer report" means a written, oral, or other
3 35 communication of information bearing on a natural person's
4 1 credit worthiness, credit standing, credit capacity,
4 2 character, general reputation, personal characteristics, or
4 3 mode of living which is used or expected to be used in
4 4 connection with an insurance transaction.
4 5 6. "Consumer reporting agency" means a person who does all
4 6 of the following:
4 7 a. Regularly engages, in whole or in part, in the practice
4 8 of assembling or preparing consumer reports for a monetary
4 9 fee.
4 10 b. Obtains information primarily from sources other than
4 11 insurance carriers.
4 12 c. Furnishes consumer reports to other persons.
4 13 7. "Control," including the terms "controlled by" or
4 14 "under common control with," means the possession, direct or
4 15 indirect, of the power to direct or cause the direction of the
4 16 management and policies of a person, whether through the
4 17 ownership of voting securities, by contract other than a
4 18 commercial contract for goods or nonmanagement services, or
4 19 otherwise, unless the power is the result of an official
4 20 position with or corporate office held by the person.
4 21 8. "Declination of insurance coverage" means a denial, in
4 22 whole or in part, by an insurance carrier or producer, if the
4 23 producer has the authority, of requested insurance coverage.
4 24 9. "Individual" means a natural person who is one of the
4 25 following:
4 26 a. In the case of property or casualty insurance, is a
4 27 past, present, or proposed named insured or certificate
4 28 holder.
4 29 b. In the case of life, health, or disability insurance,
4 30 is a past, present, or proposed principal insured or
4 31 certificate holder.
4 32 c. Is a past, present, or proposed policyowner.
4 33 d. Is a past or present applicant.
4 34 e. Is a past or present claimant.
4 35 f. Derived, derives, or is proposed to derive insurance
5 1 coverage under an insurance policy or certificate subject to
5 2 this chapter.
5 3 10. "Institutional source" means a person or governmental
5 4 entity that provides information about an individual to an
5 5 insurance carrier, producer, or insurance support
5 6 organization, other than to any of the following:
5 7 a. A producer.
5 8 b. The individual who is the subject of the information.
5 9 c. An individual acting in a personal capacity rather than
5 10 in a business or professional capacity.
5 11 11. "Insurance carrier" means insurer as defined in
5 12 section 507.1. "Insurance carrier" does not include an
5 13 insurance support organization.
5 14 12. a. "Insurance support organization" means a person
5 15 who regularly engages, in whole or in part, in the practice of
5 16 assembling or collecting information about individuals for the
5 17 primary purpose of providing the information to an insurance
5 18 carrier or producer for insurance transactions, including
5 19 either of the following:
5 20 (1) The furnishing of consumer reports or investigative
5 21 consumer reports to an insurance carrier or producer for use
5 22 in connection with an insurance transaction.
5 23 (2) The collection of personal information from an
5 24 insurance carrier, producer, or other person who regularly
5 25 engages, in whole or in part, in the practice of assembling or
5 26 collecting information about individuals for the primary
5 27 purpose of providing the information to an insurance carrier
5 28 or producer for insurance transactions, for the purpose of
5 29 detecting or preventing fraud, material misrepresentation, or
5 30 material nondisclosure in connection with insurance
5 31 underwriting or insurance claim activity.
5 32 b. Insurance support organization does not mean a
5 33 producer, government institution, insurance carrier, medical
5 34 care institution, or medical professional.
5 35 13. "Insurance transaction" means any transaction
6 1 involving insurance primarily for personal, family, or
6 2 household needs, rather than business or professional needs,
6 3 which involves any of the following:
6 4 a. The determination of an individual's eligibility for an
6 5 insurance coverage, benefit, or payment.
6 6 b. The servicing of an insurance application, policy,
6 7 contract, or certificate.
6 8 14. "Investigative consumer report" means a consumer
6 9 report or portion of such report in which information about an
6 10 individual's character, general reputation, personal
6 11 characteristics, or mode of living is obtained through
6 12 personal interviews with the person's neighbors, friends,
6 13 associates, acquaintances, or others who may have knowledge
6 14 concerning such items of information.
6 15 15. "Medical care institution" means a facility or
6 16 institution that is licensed to provide health care services
6 17 to an individual, including but not limited to a health
6 18 maintenance organization, home-health agency, hospital,
6 19 medical clinic, public health agency, rehabilitation agency,
6 20 and skilled nursing facility.
6 21 16. "Medical professional" means a person licensed under
6 22 Title IV, subtitle 3.
6 23 17. "Medical record information" means personal
6 24 information that satisfies both of the following:
6 25 a. Relates to an individual's physical or mental
6 26 condition, medical history, or medical treatment.
6 27 b. Is obtained from a medical professional or medical care
6 28 institution, from the individual, or from the individual's
6 29 spouse, parent, or legal guardian.
6 30 18. "Person" means person as defined in section 4.1.
6 31 19. "Personal information" means individually identifiable
6 32 information gathered in connection with an insurance
6 33 transaction from which judgments can be made about an
6 34 individual's character, habits, avocations, finances,
6 35 occupation, general reputation, credit, health, or any other
7 1 personal characteristics. "Personal information" includes an
7 2 individual's name and address and medical record information,
7 3 but does not include privileged information, except as
7 4 provided in subsection 22.
7 5 20. "Policyholder" means a person who is any of the
7 6 following:
7 7 a. In the case of individual property or casualty
7 8 insurance, a present named insured.
7 9 b. In the case of individual life, health, or disability
7 10 insurance, a present policyowner.
7 11 c. In the case of group insurance which is individually
7 12 underwritten, a present group certificate holder.
7 13 21. "Pretext interview" means an interview where a person,
7 14 in an attempt to obtain information about an individual,
7 15 engages in any of the following:
7 16 a. Pretends to be someone the person is not.
7 17 b. Pretends to represent another person whom the person is
7 18 not in fact representing.
7 19 c. Misrepresents the true purpose of the interview.
7 20 d. Refuses to identify the person's self upon request.
7 21 22. a. "Privileged information" means individually
7 22 identifiable information that satisfies both of the following:
7 23 (1) Relates to a claim for insurance benefits or a civil
7 24 or criminal proceeding involving an individual.
7 25 (2) Is collected in connection with or in reasonable
7 26 anticipation of a claim for insurance benefits or a civil or
7 27 criminal proceeding involving an individual.
7 28 b. Information otherwise meeting the requirements of
7 29 paragraph "a" shall nevertheless be considered personal
7 30 information if it is disclosed in violation of section
7 31 514H.14.
7 32 23. "Producer" means producer as defined in section
7 33 510A.2.
7 34 24. "Residual market mechanism" means a residual market
7 35 mechanism as defined in section 515F.2.
8 1 25. "Termination of insurance coverage" or "termination of
8 2 an insurance policy" means either a cancellation or nonrenewal
8 3 of an insurance policy, in whole or in part, for any reason
8 4 other than the failure to pay a premium as required by the
8 5 insurance policy.
8 6 26. "Unauthorized insurance carrier" means a person who is
8 7 transacting or attempting to transact the business of
8 8 insurance in this state, but who is not licensed by the
8 9 commissioner to transact the business of insurance in this
8 10 state.
8 11 Sec. 4. NEW SECTION. 514H.4 PRETEXT INTERVIEWS.
8 12 An insurance carrier, producer, or insurance support
8 13 organization shall not use or authorize the use of pretext
8 14 interviews to obtain information in connection with an
8 15 insurance transaction. However, a pretext interview may be
8 16 undertaken to obtain information from a person or institution
8 17 that does not have a generally or statutorily recognized
8 18 privileged relationship with the person about whom the
8 19 information relates for the purpose of investigating a claim
8 20 where, based upon specific information available for review by
8 21 the commissioner, there is a reasonable basis for suspecting
8 22 criminal activity, fraud, material misrepresentation, or
8 23 material nondisclosure in connection with the claim.
8 24 Sec. 5. NEW SECTION. 514H.5 NOTICE OF INSURANCE
8 25 INFORMATION PRACTICES.
8 26 1. An insurance carrier shall provide a notice of
8 27 information practices to an applicant or policyholder in
8 28 connection with an insurance transaction as follows:
8 29 a. In the case of an application for insurance, a notice
8 30 shall be provided no later than the following:
8 31 (1) At the time of the delivery of the insurance policy or
8 32 certificate when personal information is collected only from
8 33 the applicant or from public records.
8 34 (2) At the time the collection of personal information is
8 35 initiated when personal information is collected from a source
9 1 other than the applicant or public records.
9 2 b. In the case of a policy renewal, a notice shall be
9 3 provided no later than the policy renewal date, except that
9 4 notice is not required in connection with a policy renewal if
9 5 either of the following apply:
9 6 (1) Personal information is collected only from the
9 7 policyholder or from public records.
9 8 (2) A notice meeting the requirements of this section has
9 9 been given within the previous twenty-four months.
9 10 c. In the case of a policy reinstatement or change in
9 11 insurance benefits, a notice shall be provided no later than
9 12 the time a request for a policy reinstatement or change in
9 13 insurance benefits is received by the insurance carrier,
9 14 except that notice is not required if personal information is
9 15 collected only from the policyholder or from public records.
9 16 2. Except as provided in subsection 3, the notice required
9 17 under subsection 1 shall be in writing and shall state all of
9 18 the following:
9 19 a. Whether personal information may be collected from
9 20 persons other than the individual or individuals proposed for
9 21 coverage.
9 22 b. The types of personal information that may be collected
9 23 and the types of sources and investigative techniques that may
9 24 be used to collect such information.
9 25 c. The types of disclosures identified in section 514H.14,
9 26 subsections 2, 3, 4, 5, 6, 9, 11, 12, and 14, and the
9 27 circumstances under which such disclosures may be made without
9 28 prior authorization. However, only those circumstances need
9 29 be described which occur with such frequency as to indicate a
9 30 general business practice.
9 31 d. A description of the rights established under sections
9 32 514H.9 and 514H.10 and the manner in which such rights may be
9 33 exercised.
9 34 e. That information obtained from a report prepared by an
9 35 insurance support organization may be retained by the
10 1 insurance support organization and disclosed to other persons.
10 2 3. Notwithstanding subsection 2, an insurance carrier may
10 3 provide an abbreviated notice informing the applicant or
10 4 policyholder of all of the following:
10 5 a. Personal information may be collected from persons
10 6 other than the individual or individuals proposed for
10 7 coverage.
10 8 b. That the information in paragraph "a" as well as other
10 9 personal information or privileged information subsequently
10 10 collected by the insurance carrier may in certain
10 11 circumstances be disclosed to third parties without
10 12 authorization.
10 13 c. A right of access and correction exists with respect to
10 14 all personal information collected.
10 15 d. The information required under the notice requirements
10 16 of subsection 2 will be furnished to the applicant or
10 17 policyholder upon request.
10 18 4. The obligations imposed by this section upon an
10 19 insurance carrier may be satisfied by another insurance
10 20 carrier authorized to act on its behalf.
10 21 Sec. 6. NEW SECTION. 514H.6 MARKETING AND RESEARCH
10 22 SURVEYS.
10 23 An insurance carrier shall clearly specify those questions
10 24 designed to obtain personal information from an individual in
10 25 connection with an insurance transaction which is solely for
10 26 marketing or research purposes.
10 27 Sec. 7. NEW SECTION. 514H.7 CONTENT OF DISCLOSURE
10 28 AUTHORIZATION FORMS.
10 29 An insurance carrier, producer, or insurance support
10 30 organization shall not utilize a form or statement as its
10 31 disclosure authorization form which authorizes the disclosure
10 32 of personal information or privileged information about an
10 33 individual to the insurance carrier, producer, or insurance
10 34 support organization in connection with insurance
10 35 transactions, unless the form or statement satisfies all of
11 1 the following:
11 2 1. The form or statement is written in plain language.
11 3 2. The form or statement is dated.
11 4 3. The form or statement specifies the types of persons
11 5 authorized to disclose information about the individual.
11 6 4. The form or statement specifies the nature of the
11 7 information authorized to be disclosed.
11 8 5. The form or statement names the insurance carrier and
11 9 identifies by generic reference representatives of the
11 10 insurance carrier to whom the individual is authorizing
11 11 information to be disclosed.
11 12 6. The form or statement specifies the purposes for which
11 13 the information is collected.
11 14 7. The form or statement specifies the length of time such
11 15 authorization shall remain valid, which shall be no longer
11 16 than the following:
11 17 a. For purposes of an authorization signed for the
11 18 collecting of information for an application for an insurance
11 19 policy, a policy reinstatement, or a request for change in
11 20 policy benefits:
11 21 (1) Thirty months from the date the authorization is
11 22 signed, if the application or request involves life, health,
11 23 or disability insurance.
11 24 (2) One year from the date the authorization is signed, if
11 25 the application or request involves property or casualty
11 26 insurance.
11 27 b. For purposes of an authorization signed for the
11 28 collecting of information for a claim for benefits under an
11 29 insurance policy:
11 30 (1) The term of coverage of the policy, if the claim is
11 31 for a health insurance benefit.
11 32 (2) The duration of the claim, if the claim is not for a
11 33 health insurance benefit.
11 34 8. The form or statement advises the individual or a
11 35 person authorized to act on behalf of the individual that the
12 1 individual or the individual's authorized representative is
12 2 entitled to receive a copy of the authorization form.
12 3 Sec. 8. NEW SECTION. 514H.8 INVESTIGATIVE CONSUMER
12 4 REPORTS.
12 5 1. An insurance carrier or insurance support organization
12 6 shall not prepare or request an investigative consumer report
12 7 about an individual in connection with an insurance
12 8 transaction involving an application for insurance, a policy
12 9 renewal, a policy reinstatement, or a change in insurance
12 10 benefits unless the insurance carrier informs the individual
12 11 of both of the following:
12 12 a. That the individual may request to be interviewed in
12 13 connection with the preparation of the investigative consumer
12 14 report.
12 15 b. That upon a request pursuant to section 514H.9, the
12 16 individual is entitled to receive a copy of the investigative
12 17 consumer report.
12 18 2. If an investigative consumer report is to be prepared
12 19 by an insurance carrier, the insurance carrier shall institute
12 20 reasonable procedures to conduct a personal interview
12 21 requested by an individual.
12 22 3. If an investigative consumer report is to be prepared
12 23 by an insurance support organization, the insurance carrier
12 24 desiring such report shall inform the insurance support
12 25 organization whether a personal interview has been requested
12 26 by the individual. The insurance support organization shall
12 27 institute reasonable procedures to conduct such interviews, if
12 28 the individual has so requested.
12 29 Sec. 9. NEW SECTION. 514H.9 ACCESS TO RECORDED PERSONAL
12 30 INFORMATION.
12 31 1. If an individual, after proper identification, submits
12 32 a written request to an insurance carrier, producer, or
12 33 insurance support organization for access to recorded personal
12 34 information about the individual which is reasonably described
12 35 by the individual and may reasonably be located and retrieved
13 1 by the insurance carrier, producer, or insurance support
13 2 organization, the insurance carrier, producer, or insurance
13 3 support organization, within sixty business days from the date
13 4 such request is received, shall do all of the following:
13 5 a. Inform the individual of the nature and substance of
13 6 such recorded personal information in writing, by telephone,
13 7 or by other oral communication, whichever option is selected
13 8 by the insurance carrier, producer, or insurance support
13 9 organization.
13 10 b. Permit the individual to see and copy, in person, such
13 11 recorded personal information pertaining to the individual or
13 12 to obtain a copy of such recorded personal information by
13 13 mail, at the option of the individual, unless such recorded
13 14 personal information is in coded form, in which case an
13 15 accurate translation in plain language shall be provided in
13 16 writing.
13 17 c. Disclose to the individual the identity, if recorded,
13 18 of those persons to whom the insurance carrier, producer, or
13 19 insurance support organization has disclosed such personal
13 20 information within the two-year period immediately prior to
13 21 such request, and if the identity is not recorded, the names
13 22 of those insurance carriers, producers, insurance support
13 23 organizations, or other persons to whom such information is
13 24 normally disclosed.
13 25 d. Provide the individual with a summary of the procedures
13 26 by which the individual may request correction, amendment, or
13 27 deletion of recorded personal information.
13 28 2. Personal information provided pursuant to subsection 1
13 29 shall identify the source of the information if such source is
13 30 an institutional source.
13 31 3. Medical record information provided by a medical care
13 32 institution or a medical professional and requested under
13 33 subsection 1, together with the identity of the medical care
13 34 institution or medical professional which provided such
13 35 information, shall be disclosed either directly to the
14 1 individual or to a medical professional designated by the
14 2 individual and licensed to provide medical care with respect
14 3 to the condition to which the information relates, at the
14 4 option of the insurance carrier, producer, or insurance
14 5 support organization. If the insurance carrier, producer, or
14 6 insurance support organization elects to disclose the
14 7 information to a medical professional designated by the
14 8 individual, the insurance carrier, producer, or insurance
14 9 support organization shall notify the individual, at the time
14 10 of the disclosure, that the information has been provided to
14 11 the medical professional.
14 12 4. Except for personal information provided under 514H.11,
14 13 an insurance carrier, producer, or insurance support
14 14 organization may charge a reasonable fee to cover the costs
14 15 incurred in providing a copy of recorded personal information
14 16 to an individual.
14 17 5. The obligations imposed by this section upon an
14 18 insurance carrier or producer may be satisfied by another
14 19 insurance carrier or producer authorized to act on its behalf.
14 20 With respect to the copying and disclosure of recorded
14 21 personal information pursuant to a request under subsection 1,
14 22 an insurance carrier, producer, or insurance support
14 23 organization may make arrangements with an insurance support
14 24 organization or a consumer reporting agency to copy and
14 25 disclose recorded personal information on the carrier's or
14 26 producer's behalf.
14 27 6. The rights granted to an individual under this section
14 28 shall extend to all information about the individual which is
14 29 collected and maintained by an insurance carrier, producer, or
14 30 insurance support organization in connection with an insurance
14 31 transaction. The rights granted to an individual under this
14 32 section shall not extend to information about such individual
14 33 that relates to and is collected in connection with or in
14 34 reasonable anticipation of a claim or civil or criminal
14 35 proceeding involving such individual.
15 1 7. For purposes of this section, "insurance support
15 2 organization" does not include a consumer reporting agency,
15 3 except to the extent this section imposes more stringent
15 4 requirements on a consumer reporting agency than does other
15 5 state or federal law.
15 6 Sec. 10. NEW SECTION. 514H.10 CORRECTION, AMENDMENT, OR
15 7 DELETION OF RECORDED PERSONAL INFORMATION.
15 8 1. Within thirty business days from the date of receipt of
15 9 a written request from an individual to correct, amend, or
15 10 delete any recorded personal information about the individual
15 11 possessed by an insurance carrier, producer, or insurance
15 12 support organization, the insurance carrier, producer, or
15 13 insurance support organization shall do one of the following:
15 14 a. Correct, amend, or delete the portion of the recorded
15 15 personal information in dispute.
15 16 b. Notify the individual of a refusal to make such
15 17 correction, amendment, or deletion; the reasons for the
15 18 refusal; and that the individual has a right to file a
15 19 statement as provided in subsection 3.
15 20 2. If the insurance carrier, producer, or insurance
15 21 support organization corrects, amends, or deletes recorded
15 22 personal information pursuant to subsection 1, paragraph "a",
15 23 the insurance carrier, producer, or insurance support
15 24 organization shall notify the individual in writing of such
15 25 correction, amendment, or deletion, and furnish the
15 26 correction, amendment, or fact of deletion to the following:
15 27 a. A person specifically designated by the individual who,
15 28 within the preceding two years, may have received such
15 29 recorded personal information.
15 30 b. An insurance support organization whose primary source
15 31 of personal information is insurance carriers, if the
15 32 insurance support organization has systematically received
15 33 such recorded personal information from the insurance carrier
15 34 within the preceding seven years. However, the correction,
15 35 amendment, or fact of deletion need not be furnished if the
16 1 insurance support organization no longer maintains or uses the
16 2 recorded personal information about the individual.
16 3 c. An insurance support organization that furnished the
16 4 personal information that has been corrected, amended, or
16 5 deleted.
16 6 3. An individual who disagrees with a refusal by an
16 7 insurance carrier, producer, or insurance support organization
16 8 to correct, amend, or delete recorded personal information,
16 9 within the possession of the insurance carrier, producer, or
16 10 insurance support organization, shall be permitted to file
16 11 with the insurance carrier, producer, or insurance support
16 12 organization any of the following:
16 13 a. A concise statement setting forth what the individual
16 14 thinks is the correct, relevant, or fair information.
16 15 b. A concise statement of the reasons why the individual
16 16 disagrees with the refusal of the insurance carrier, producer,
16 17 or insurance support organization to correct, amend, or delete
16 18 recorded personal information.
16 19 4. If an individual files a statement under subsection 3,
16 20 the insurance carrier, producer, or insurance support
16 21 organization that possesses the personal information shall do
16 22 all of the following:
16 23 a. File the statement with the disputed personal
16 24 information and provide a means by which a person reviewing
16 25 the disputed personal information will be made aware of the
16 26 individual's statement and have access to the statement.
16 27 b. In any subsequent disclosure by the insurance carrier,
16 28 producer, or support organization of the recorded personal
16 29 information that is the subject of disagreement, clearly
16 30 identify the matter or matters in dispute and provide the
16 31 individual's statement along with the recorded personal
16 32 information being disclosed.
16 33 c. Furnish the statement to the persons and in the manner
16 34 specified in subsection 2.
16 35 5. The rights granted to an individual under this section
17 1 shall extend to all natural persons to the extent information
17 2 about them is collected and maintained by an insurance
17 3 carrier, producer, or insurance support organization in
17 4 connection with an insurance transaction. The rights granted
17 5 to a natural person under this subsection shall not extend to
17 6 information about such natural person that relates to and is
17 7 collected in connection with or in reasonable anticipation of
17 8 a claim or a civil or criminal proceeding involving such
17 9 natural person.
17 10 6. For purposes of this section, "insurance support
17 11 organization" does not include a consumer reporting agency
17 12 except to the extent that this section imposes more stringent
17 13 requirements on a consumer reporting agency than does other
17 14 state or federal law.
17 15 Sec. 11. NEW SECTION. 514H.11 REASONS FOR ADVERSE
17 16 UNDERWRITING DECISIONS.
17 17 1. An insurance carrier or a producer with underwriting
17 18 authority who is responsible for an adverse underwriting
17 19 decision shall do both of the following:
17 20 a. Either provide the applicant, policyholder, or
17 21 individual proposed for coverage with the specific reason or
17 22 reasons for the adverse underwriting decision in writing, or
17 23 advise such person that upon written request the person may
17 24 receive the specific reason or reasons in writing.
17 25 b. Provide the applicant, policyholder, or individual
17 26 proposed for coverage with a summary of the rights established
17 27 under subsection 2, and sections 514H.9 and 514H.10.
17 28 2. Upon receiving a written request from an applicant,
17 29 policyholder, or individual proposed for coverage within
17 30 ninety business days from the date of the mailing of notice or
17 31 other communication of an adverse underwriting decision to the
17 32 applicant, policyholder, or individual proposed for coverage,
17 33 the insurance carrier or producer, if the producer has
17 34 underwriting authority, shall furnish to such person, within
17 35 twenty-one business days of receipt of the request, the
18 1 following:
18 2 a. The specific reason or reasons for the adverse
18 3 underwriting decision, in writing, if such information was not
18 4 initially furnished in writing pursuant to subsection 1,
18 5 paragraph "a".
18 6 b. The specific items of personal information and
18 7 privileged information that support those reasons. However,
18 8 the disclosure under this paragraph is subject to the
18 9 following:
18 10 (1) The insurance carrier or producer, if the producer has
18 11 underwriting authority, shall not be required to furnish
18 12 specific items of privileged information if it has a
18 13 reasonable suspicion, based upon specific information
18 14 available for review by the commissioner, that the applicant,
18 15 policyholder, or individual proposed for coverage has engaged
18 16 in criminal activity, fraud, material misrepresentation, or
18 17 material nondisclosure.
18 18 (2) Specific items of medical record information supplied
18 19 by a medical care institution or medical professional shall
18 20 only be disclosed either directly to the individual about whom
18 21 the information relates or to a medical professional
18 22 designated by the individual and licensed to provide medical
18 23 care with respect to the condition to which the information
18 24 relates, whichever the insurance carrier or producer prefers.
18 25 c. The names and addresses of the institutional sources
18 26 that supplied the specific items of information pursuant to
18 27 subsection 2, paragraph "b". However, the identity of any
18 28 medical professional or medical care institution shall only be
18 29 disclosed either directly to the individual or to the
18 30 designated medical professional, whichever the insurance
18 31 carrier or producer prefers.
18 32 3. The obligations imposed by this section upon an
18 33 insurance carrier or producer, if the producer has
18 34 underwriting authority, may be satisfied by another insurance
18 35 carrier or producer authorized to act on its behalf.
19 1 4. If an adverse underwriting decision results solely from
19 2 an oral request or inquiry, the explanation of reasons and
19 3 summary of rights required under subsection 1 may be provided
19 4 orally.
19 5 Sec. 12. NEW SECTION. 514H.12 INFORMATION CONCERNING
19 6 PREVIOUS ADVERSE UNDERWRITING DECISIONS.
19 7 An insurance carrier, producer, or insurance support
19 8 organization shall not seek information in connection with an
19 9 insurance transaction concerning a previous adverse
19 10 underwriting decision experienced by an individual, or a
19 11 previous insurance coverage obtained by an individual through
19 12 a residual market mechanism, unless such inquiry also requests
19 13 the reasons for a previous adverse underwriting decision or
19 14 the reasons why insurance coverage was previously obtained
19 15 through a residual market mechanism.
19 16 Sec. 13. NEW SECTION. 514H.13 PREVIOUS ADVERSE
19 17 UNDERWRITING DECISIONS.
19 18 An insurance carrier or producer, if the producer has
19 19 underwriting authority, shall not base an adverse underwriting
19 20 decision in whole or in part on either of the following:
19 21 1. On the fact of a previous adverse underwriting decision
19 22 or on the fact that an individual previously obtained
19 23 insurance coverage through a residual market mechanism.
19 24 However, an insurance carrier or producer may base an adverse
19 25 underwriting decision on further information obtained from an
19 26 insurance carrier or producer responsible for a previous
19 27 adverse underwriting decision.
19 28 2. On personal information received from an insurance
19 29 support organization whose primary source of information is
19 30 insurance carriers. However, an insurance carrier or producer
19 31 may base an adverse underwriting decision on further personal
19 32 information obtained as a result of information received from
19 33 an insurance support organization.
19 34 Sec. 14. NEW SECTION. 514H.14 DISCLOSURE LIMITATIONS AND
19 35 CONDITIONS.
20 1 An insurance carrier, producer, or insurance support
20 2 organization shall not disclose any personal information or
20 3 privileged information regarding an individual collected or
20 4 received in connection with an insurance transaction except as
20 5 follows:
20 6 1. With the written authorization of the individual.
20 7 Written authorization submitted by a person other than the
20 8 individual must satisfy the following:
20 9 a. If such authorization is submitted by another insurance
20 10 carrier, producer, or insurance support organization, the
20 11 authorization must satisfy the requirements of section 514H.7.
20 12 b. If such authorization is submitted by a person other
20 13 than an insurance carrier, producer, or insurance support
20 14 organization, the authorization must be dated, signed by the
20 15 individual, and must have been obtained by such person no more
20 16 than one year prior to the date a disclosure is sought
20 17 pursuant to this subsection.
20 18 2. To a person other than an insurance carrier, producer,
20 19 or insurance support organization, provided such disclosure is
20 20 reasonably necessary to accomplish either of the following:
20 21 a. To enable such person to perform a business,
20 22 professional, or insurance function for the insurance carrier,
20 23 producer, or insurance support organization and such person
20 24 agrees not to disclose the information further without the
20 25 individual's written authorization, unless the further
20 26 disclosure would otherwise be permitted under this section if
20 27 made by an insurance carrier, producer, or insurance support
20 28 organization, or the further disclosure is reasonably
20 29 necessary for such person to perform its function for the
20 30 insurance carrier, producer, or insurance support
20 31 organization.
20 32 b. To enable such person to provide information to the
20 33 insurance carrier, producer, or insurance support organization
20 34 for the purpose of determining an individual's eligibility for
20 35 an insurance benefit or payment, or detecting or preventing
21 1 criminal activity, fraud, material misrepresentation, or
21 2 material nondisclosure in connection with an insurance
21 3 transaction.
21 4 3. To another insurance carrier, producer, insurance
21 5 support organization, or self-insurance carrier, provided the
21 6 information disclosed is limited to that which is reasonably
21 7 necessary to detect or prevent criminal activity, fraud,
21 8 material misrepresentation, or material nondisclosure in
21 9 connection with insurance transactions, or to permit either
21 10 the disclosing or receiving insurance carrier, producer, or
21 11 insurance support organization to perform its function in
21 12 connection with an insurance transaction involving the
21 13 individual.
21 14 4. To a medical care institution or medical professional
21 15 for the purpose of verifying insurance coverage or benefits,
21 16 informing an individual of a medical problem of which the
21 17 individual may not be aware, or conducting an operations or
21 18 services audit to verify the identity of individuals treated
21 19 by the medical professional or at the medical care
21 20 institution. Information disclosed pursuant to this
21 21 subsection shall only be such information as is reasonably
21 22 necessary to accomplish the purposes under this subsection.
21 23 5. To an insurance regulatory agency or authority.
21 24 6. To a law enforcement agency or other governmental
21 25 authority if such disclosure is necessary to protect the
21 26 interests of the insurance carrier, producer, or insurance
21 27 support organization in preventing or prosecuting the
21 28 perpetration of fraud, or if the insurance carrier, producer,
21 29 or insurance support organization reasonably believes that
21 30 illegal activities have been conducted by the individual.
21 31 7. Is otherwise permitted or required by law.
21 32 8. In response to a facially valid administrative or
21 33 judicial order, including a search warrant or subpoena where
21 34 applicable.
21 35 9. For the purpose of conducting actuarial or research
22 1 studies. A disclosure under this subsection shall satisfy all
22 2 of the following:
22 3 a. An individual shall not be identified in any actuarial
22 4 or research report.
22 5 b. Materials allowing the individual to be identified
22 6 shall be returned or destroyed as soon as they are no longer
22 7 needed.
22 8 c. The actuarial or research organization agrees not to
22 9 disclose the information unless the disclosure would otherwise
22 10 be permitted by this section if made by an insurance carrier,
22 11 producer, or insurance support organization.
22 12 10. To a party or representative of a party to a proposed
22 13 or consummated sale, transfer, merger, or consolidation of all
22 14 or part of the business of the insurance carrier, producer, or
22 15 insurance support organization. A disclosure under this
22 16 subsection shall satisfy all of the following:
22 17 a. Prior to the consummation of the sale, transfer,
22 18 merger, or consolidation only such information is disclosed as
22 19 is reasonably necessary to enable the recipient to make
22 20 business decisions about the purchase, transfer, merger, or
22 21 consolidation.
22 22 b. The recipient agrees not to disclose the information
22 23 unless the disclosure would otherwise be permitted by this
22 24 section if made by an insurance carrier, producer, or
22 25 insurance support organization.
22 26 11. To a person whose only use of such information will be
22 27 in connection with the marketing of a product or service. A
22 28 disclosure made pursuant to this subsection shall satisfy all
22 29 of the following:
22 30 a. Medical record information, privileged information, and
22 31 personal information relating to an individual's character,
22 32 personal habits, mode of living, or general reputation shall
22 33 not be disclosed, and any classification derived from such
22 34 information shall not be disclosed.
22 35 b. The individual has been given an opportunity to
23 1 indicate that the individual does not want personal
23 2 information disclosed for marketing purposes and has not given
23 3 such an indication.
23 4 c. The person receiving such information agrees not to use
23 5 such information except in connection with the marketing of a
23 6 product or service.
23 7 12. To an affiliate whose only use of the information will
23 8 be in connection with an audit of the insurance carrier or
23 9 producer or the marketing of an insurance product or service.
23 10 However, the affiliate shall agree not to disclose the
23 11 information for any other purpose or to unaffiliated persons.
23 12 13. By a consumer reporting agency, only to a person other
23 13 than an insurance carrier or producer.
23 14 14. To a group policyholder for the purpose of reporting
23 15 claims experience or conducting an audit of the insurance
23 16 carrier's or producer's operations or services. The
23 17 information disclosed under this subsection must be reasonably
23 18 necessary for the group policyholder to conduct the review or
23 19 audit.
23 20 15. To a professional peer review organization for the
23 21 purpose of reviewing the service or conduct of a medical care
23 22 institution or medical professional.
23 23 16. To a governmental authority for the purpose of
23 24 determining an individual's eligibility for health benefits
23 25 for which the governmental authority may be liable.
23 26 17. To a certificate holder or policyholder for the
23 27 purpose of providing information regarding the status of an
23 28 insurance transaction.
23 29 18. To a lienholder, mortgagee, assignee, lessor, or other
23 30 person shown on the records of an insurance carrier or
23 31 producer as having a legal or beneficial interest in a policy
23 32 of insurance. However, any disclosure under this subsection
23 33 shall satisfy the following:
23 34 a. Medical record information is not disclosed unless the
23 35 disclosure would otherwise be permitted by this section.
24 1 b. The information disclosed is limited to that which is
24 2 reasonably necessary to permit such person to protect the
24 3 person's interests in such policy.
24 4 Sec. 15. NEW SECTION. 514H.15 POWER OF COMMISSIONER.
24 5 1. The commissioner may examine and investigate the
24 6 affairs of an insurance carrier or producer doing business in
24 7 this state to determine whether the insurance carrier or
24 8 producer has been or is engaged in any conduct in violation of
24 9 this chapter.
24 10 2. The commissioner may examine and investigate the
24 11 affairs of an insurance support organization acting on behalf
24 12 of an insurance carrier or producer which either transacts
24 13 business in this state or transacts business outside this
24 14 state that has an effect on a person residing in this state in
24 15 order to determine whether such insurance support organization
24 16 has been or is engaged in any conduct in violation of this
24 17 chapter.
24 18 Sec. 16. NEW SECTION. 514H.16 SERVICE OF PROCESS –
24 19 INSURANCE SUPPORT ORGANIZATIONS.
24 20 For the purposes of this chapter, an insurance support
24 21 organization transacting business outside this state which has
24 22 an adverse effect on a person residing in this state is deemed
24 23 to have appointed the commissioner to accept service of
24 24 process on the organization's behalf. Upon accepting such
24 25 service of process, the commissioner shall send a copy of such
24 26 service by certified mail to the insurance support
24 27 organization at its last known principal place of business.
24 28 The return receipt for such mailing is sufficient proof that
24 29 the notice was properly mailed by the commissioner.
24 30 Sec. 17. NEW SECTION. 514H.17 CEASE AND DESIST ORDERS.
24 31 1. If, after a hearing pursuant to chapter 17A, the
24 32 commissioner finds that an insurance carrier, producer, or
24 33 insurance support organization has engaged in conduct or
24 34 practices in violation of this chapter, and a person was
24 35 adversely affected, the commissioner shall reduce such
25 1 determination to writing. The commissioner shall issue and
25 2 cause to be served upon such insurance carrier, producer, or
25 3 insurance support organization a copy of the finding and an
25 4 order requiring the insurance carrier, producer, or insurance
25 5 support organization to cease and desist from such conduct or
25 6 practices.
25 7 2. Until the expiration of the time allowed under section
25 8 514H.20 for filing a petition for individual review or until
25 9 such a petition is actually filed, whichever occurs first, the
25 10 commissioner may modify or set aside any order issued under
25 11 this section. If a petition for individual review is not
25 12 filed and the time allowed under section 514H.19 for filing
25 13 such petition has expired, the commissioner, after notice and
25 14 opportunity for hearing, may alter, modify, or set aside, in
25 15 whole or in part, any order issued under this section. Such
25 16 action may be taken if conditions of fact or law warrant such
25 17 action or if the public interest so requires.
25 18 Sec. 18. NEW SECTION. 514H.18 PENALTIES.
25 19 1. If a hearing pursuant to section 514H.16 results in the
25 20 finding of a knowing violation of this chapter, the
25 21 commissioner, in addition to the issuance of a cease and
25 22 desist order under section 514H.17, may impose a civil penalty
25 23 of not more than five hundred dollars for each violation, not
25 24 to exceed ten thousand dollars in the aggregate for multiple
25 25 violations.
25 26 2. A person who violates a cease and desist order of the
25 27 commissioner issued under section 514H.17, after notice and
25 28 hearing and upon order of the commissioner, may be subject to
25 29 one or more of the following penalties, at the discretion of
25 30 the commissioner:
25 31 a. A civil penalty of not more than ten thousand dollars
25 32 for each violation.
25 33 b. A civil penalty of not more than fifty thousand dollars
25 34 if the commissioner finds that a violation has occurred with
25 35 such frequency as to constitute a general business practice.
26 1 c. Suspension or revocation of an insurance carrier's or
26 2 producer's license.
26 3 Sec. 19. NEW SECTION. 514H.19 JUDICIAL REVIEW.
26 4 Judicial review of the actions of the commissioner may be
26 5 sought in accordance with the terms of the Iowa administrative
26 6 procedure Act.
26 7 Sec. 20. NEW SECTION. 514H.20 IMMUNITY.
26 8 A cause of action in the nature of defamation, invasion of
26 9 privacy, or negligence shall not arise against a person for
26 10 disclosing personal information or privileged information as
26 11 permitted under this chapter. A cause of action also shall
26 12 not arise against a person for furnishing personal information
26 13 or privileged information to an insurance carrier, producer,
26 14 or insurance support organization in the manner permitted
26 15 under this chapter. This section does not provide immunity
26 16 for disclosing or furnishing false information with malice or
26 17 willful intent to injure any person.
26 18 Sec. 21. NEW SECTION. 514H.21 OBTAINING INFORMATION
26 19 UNDER FALSE PRETENSES.
26 20 A person who knowingly and willfully obtains information
26 21 about an individual from an insurance carrier, producer, or
26 22 insurance support organization under false pretenses is guilty
26 23 of a serious misdemeanor and shall be subject to a fine of not
26 24 more than ten thousand dollars, or imprisonment for not more
26 25 than one year, or both.
26 26 Sec. 22. EFFECTIVE DATE.
26 27 1. This Act takes effect on July 1, 2000.
26 28 2. The rights granted under sections 8, 9, and 13 of this
26 29 Act take effect on July 1, 2000, regardless of the date of the
26 30 collection or receipt of the information which is the subject
26 31 of such sections.
26 32 EXPLANATION
26 33 This bill creates a new Code chapter 514H relating to the
26 34 establishment of standards for the collection, use, and
26 35 disclosure of information gathered in connection with
27 1 insurance transactions. The bill establishes a mechanism
27 2 which enables an individual to discover what information is
27 3 being or has been collected about the individual in connection
27 4 with an insurance transaction, and enables such individual to
27 5 access the information for purposes of verifying or disputing
27 6 the accuracy of the information. The bill also limits the
27 7 disclosure of information collected in connection with an
27 8 insurance transaction. The bill is based upon the national
27 9 association of insurance commissioners (NAIC) insurance
27 10 information and privacy protection model Act.
27 11 New Code section 514H.1 establishes the purpose of the
27 12 chapter in general terms.
27 13 New Code section 514H.2 establishes the scope of the
27 14 chapter and provides that the chapter applies to a life,
27 15 health, and disability insurance carrier, and a property or
27 16 casualty insurance carrier that collects, receives, or
27 17 maintains information in connection with an insurance
27 18 transaction. The section also identifies the individuals to
27 19 whom rights under the chapter are extended.
27 20 New Code section 514H.3 establishes the definitions of key
27 21 terms used in the new Code chapter.
27 22 New Code section 514H.4 prohibits an insurance carrier,
27 23 producer, or insurance support organization from using or
27 24 authorizing the use of a pretext interview in connection with
27 25 an insurance transaction. A pretext interview is defined as
27 26 an interview where a person, in attempting to obtain
27 27 information about an individual, pretends to be someone the
27 28 person is not, pretends to represent another person whom the
27 29 person does not represent, misrepresents the true purpose of
27 30 the interview, or refuses to identify the person's self upon
27 31 request of the interviewee.
27 32 New Code section 514H.5 requires an insurance carrier to
27 33 provide a notice of information practices to an applicant or
27 34 policyholder in connection with an insurance transaction, and
27 35 provides the manner in which such notice is to be given. In
28 1 addition to other items, the notice must include a description
28 2 of the rights of the applicant or policyholder.
28 3 New Code section 514H.6 provides that an insurance carrier
28 4 must clearly specify those questions designed to obtain
28 5 personal information from an individual in connection with an
28 6 insurance transaction which is solely for marketing or
28 7 research purposes.
28 8 New Code section 514H.7 establishes specific restrictions
28 9 and requirements applicable to a disclosure authorization form
28 10 used by an insurance carrier, producer, or insurance support
28 11 organization.
28 12 New Code section 514H.8 provides that an insurance carrier
28 13 or an insurance support organization shall not prepare or
28 14 request an investigative consumer report about an individual
28 15 in connection with an insurance transaction unless such
28 16 carrier or organization informs the individual that the
28 17 individual may request to be interviewed in connection with
28 18 the preparation of such report, and that the individual is
28 19 entitled to receive a copy of the report.
28 20 New Code section 514H.9 provides that an individual, after
28 21 proper identification and after submitting a written request,
28 22 shall be allowed access to recorded personal information. The
28 23 insurance carrier, producer, or insurance support
28 24 organization, within 60 business days of receipt of the
28 25 request, must inform the individual of the nature and
28 26 substance of the recorded personal information; permit the
28 27 individual to see and copy, in person, such recorded personal
28 28 information; disclose the identity, if recorded, of those
28 29 persons to whom such information has been disclosed; and
28 30 provide the individual with a summary of the procedures by
28 31 which the individual may request correction, amendment, or
28 32 deletion of recorded personal information.
28 33 New Code section 514H.10 establishes the procedures for
28 34 correction, amendment, or deletion of recorded personal
28 35 information.
29 1 New Code section 514H.11 provides that an insurance carrier
29 2 or a producer with underwriting authority who is responsible
29 3 for an adverse underwriting decision must provide the
29 4 adversely affected person with the specific reason or reasons
29 5 for the adverse underwriting decision in writing or advise the
29 6 person that upon written request the person may receive the
29 7 specific reason or reasons in writing, and provide such person
29 8 with a summary of the person's rights.
29 9 New Code section 514H.12 prohibits an insurance carrier,
29 10 producer, or insurance support organization from seeking
29 11 information in connection with an insurance transaction
29 12 concerning a previous adverse underwriting decision
29 13 experienced by an individual, or a previous insurance coverage
29 14 obtained by an individual through a residual market mechanism,
29 15 unless such inquiry also requests the reasons for the previous
29 16 adverse underwriting decision or the reasons why insurance
29 17 coverage was previously obtained through the residual market
29 18 mechanism.
29 19 New Code section 514H.13 prohibits an adverse underwriting
29 20 decision based on the fact of a previous adverse underwriting
29 21 decision or on the fact that an individual previously obtained
29 22 insurance coverage through a residual market mechanism, or
29 23 based on personal information received from an insurance
29 24 support organization whose primary source of information is
29 25 insurance carriers.
29 26 New Code section 514H.14 establishes limitations and
29 27 conditions on disclosures of personal or privileged
29 28 information.
29 29 New Code section 514H.15 provides that the commissioner of
29 30 insurance may examine and investigate the affairs of an
29 31 insurance carrier, producer, or insurance support
29 32 organization.
29 33 New Code section 514H.16 provides that an insurance support
29 34 organization transacting business outside this state which has
29 35 an adverse effect on a person residing in this state is deemed
30 1 to have appointed the commissioner to accept service of
30 2 process on the organization's behalf.
30 3 New Code section 514H.17 provides for the issuance of cease
30 4 and desist orders to prohibit conduct in violation of the new
30 5 Code chapter.
30 6 New Code section 514H.18 establishes penalties for
30 7 violations of the new Code chapter. The commissioner is
30 8 authorized to impose a civil penalty of not more than $500 for
30 9 each violation of the chapter, not to exceed $10,000 in the
30 10 aggregate for multiple violations. A person who violates a
30 11 cease and desist order of the commissioner, may be subject to
30 12 a civil penalty of not more than $10,000, a civil penalty of
30 13 not more than $50,000 if the commissioner finds that a
30 14 violation has occurred with such frequency as to constitute a
30 15 general business practice, or the suspension or revocation of
30 16 the insurance carrier's or producer's license.
30 17 New Code section 514H.19 provides for the judicial review
30 18 of orders of the commissioner.
30 19 New Code section 514H.20 provides that a cause of action in
30 20 the nature of defamation, invasion of privacy, or negligence
30 21 does not arise against a person for disclosing personal or
30 22 privileged information as permitted under the new Code
30 23 chapter.
30 24 New Code section 514H.21 provides that a person who
30 25 knowingly and willfully obtains information about an
30 26 individual from an insurance carrier, producer, or insurance
30 27 support organization under false pretenses is guilty of a
30 28 serious misdemeanor and is subject to a fine of not more
30 29 $10,000 or imprisonment for not more than one year, or both.
30 30 The bill takes effect July 1, 2000.
30 31 LSB 3411SC 78
30 32 mj/gg/8
Text: SSB01219 Text: SSB01221 Text: SSB01200 - SSB01299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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