Ohio § 3901.076

§ 3901.076.

(A) The superintendent may retain a third-party consultant, including attorneys, actuaries,

accountants, and other experts not otherwise part of the superintendent's staff, as

is reasonably necessary to assist the superintendent in reviewing a corporate governance

annual disclosure and related information or an insurer's compliance with sections 3901.072 to 3901.078 of the Revised Code .  The superintendent shall retain a third-party consultant under this division at

the expense of the applicable insurer. (B) Each third-party consultant retained under division (A) of this section shall do

all of the following: (1) Serve under the direction and control of the superintendent in a purely advisory

capacity; (2) Comply with the confidentiality requirements applicable to the superintendent under sections 3901.072 to 3901.078 of the Revised Code ; (3) Verify to the superintendent, with notice to the insurer, that the consultant is

free of a conflict of interest and has internal procedures in place to monitor compliance

with a conflict and to comply with the confidentiality requirements of sections 3901.072 to 3901.078 of the Revised Code . (C) If the superintendent enters into a written agreement with the NAIC, a third-party

consultant, or both, regarding the sharing and use of information provided pursuant

to sections 3901.072 to 3901.078 of the Revised Code , the written agreement shall do all of the following: (1) Specify procedures and protocols for maintaining the confidentiality and security

of CGAD-related information shared with the NAIC or a third-party consultant pursuant

to sections 3901.072 to 3901.078 of the Revised Code , including procedures and protocols for sharing by the NAIC only with other state

regulators from states in which the insurance group has domiciled insurers; (2) Provide that the recipient of information agrees in writing to maintain the confidentiality

and privileged status of the CGAD-related documents, materials, or other information

obtained pursuant to sections 3901.072 to 3901.078 of the Revised Code and has verified in writing the legal authority to maintain confidentiality; (3) Specify that ownership of information shared with the NAIC or a third-party consultant

pursuant to sections 3901.072 to 3901.078 of the Revised Code remains with the department of insurance and the NAIC's or third-party consultant's

use of the information is subject to the direction of the superintendent; (4) Prohibit the NAIC or a third-party consultant from storing the information obtained

pursuant to sections 3901.072 to 3901.078 of the Revised Code in a permanent database after the underlying analysis is completed; (5) Require the NAIC or a third-party consultant to provide prompt notice to the superintendent

and to the insurer or insurance group regarding any request or subpoena for disclosure

or production of the insurer's CGAD-related information; (6) Require the NAIC or a third-party consultant to consent to intervention by an insurer

in any judicial or administrative action in which the NAIC or third-party consultant

may be required to disclose confidential information about the insurer that was obtained

pursuant to sections 3901.072 to 3901.078 of the Revised Code ; (7) Require the insurer's written consent prior to making public information that was

obtained pursuant to sections 3901.072 to 3901.078 of the Revised Code .