Ohio § 3901.44

§ 3901.44.

(A) As used in this section, “ insurance fraud investigation ” means any investigation conducted by the superintendent of insurance or a designee

of the superintendent that relates to a fraudulent insurance act as defined in section 3999.31 of the Revised Code . (B) All documents, reports, and evidence in the possession of the superintendent or the

superintendent's designee that pertain to an insurance fraud investigation are confidential

law enforcement investigatory records under section 149.43 of the Revised Code .  Notwithstanding such section, the superintendent shall not prohibit public inspection

of such records that pertain to an insurance fraud investigation after the expiration

of all federal and state statutes of limitations applicable to the particular offense

to which the papers, documents, reports, and evidence relate. (C) All documents, reports, and evidence in the possession of the superintendent that

do not pertain to such an insurance fraud investigation are public records under section 149.43 of the Revised Code , and are not by such possession alone confidential law enforcement investigatory

records. (D) All documents, reports, and evidence in the possession of the superintendent or the

superintendent's designee that pertain to such an insurance fraud investigation are

not subject to subpoena in civil actions by any court of this state until opened for

public inspection by the superintendent in accordance with division (B) of this section

or with section 149.43 of the Revised Code , unless the superintendent or the superintendent's designee consents, or until after

reasonable notice to the superintendent and opportunity for hearing, the court determines

the superintendent would not be hindered unnecessarily by such subpoena. (E) Notwithstanding divisions (B), (C), and (D) of this section, the superintendent may

do either of the following: (1) Share documents, reports, and evidence that are the subject of this section with

the chief deputy rehabilitator, the chief deputy liquidator, other deputy rehabilitators

and liquidators, and any other person employed by, or acting on behalf of, the superintendent

pursuant to Chapter 3901. or 3903. of the Revised Code, with other local, state, federal,

and international regulatory and law enforcement agencies, with local, state, and

federal prosecutors, with the national association of insurance commissioners and

its affiliates and subsidiaries, with insurers, and with investigators hired by insurers,

provided that the recipient agrees to maintain the confidential or privileged status

of the confidential or privileged document, report, or evidence and has authority

to do so; (2) Disclose documents, reports, and evidence that are the subject of this section in

the furtherance of any regulatory or legal action brought by or on behalf of the superintendent

or the state, resulting from the exercise of the superintendent's official duties. (F) Notwithstanding divisions (B), (C), (D), and (E) of this section, the superintendent

may authorize the national association of insurance commissioners and its affiliates

and subsidiaries by agreement to share confidential or privileged documents, reports,

and evidence received pursuant to division (E)(1) of this section with local, state,

federal, and international regulatory and law enforcement agencies and with local,

state, and federal prosecutors, provided that the recipient agrees to maintain the

confidential or privileged status of the confidential or privileged document, report,

or evidence and has authority to do so. (G) Notwithstanding divisions (B), (C), (D), and (E) of this section, the chief deputy

rehabilitator, the chief deputy liquidator, and other deputy rehabilitators and liquidators

may disclose documents, reports, and evidence that are the subject of this section

in the furtherance of any regulatory or legal action brought by or on behalf of the

superintendent, the rehabilitator, the liquidator, or the state resulting from the

exercise of the superintendent's official duties in any capacity. (H) Nothing in this section shall prohibit the superintendent from receiving documents,

reports, and evidence in accordance with section 3901.045 of the Revised Code . (I) The superintendent may enter into agreements governing the sharing and use of documents,

reports, and evidence consistent with the requirements of this section. (J)(1) No waiver of any applicable privilege or claim of confidentiality in the documents,

reports, and evidence described in this section shall occur as a result of sharing

or receiving documents, reports, and evidence as authorized in divisions (E)(1), (F),

and (H) of this section. (2) The disclosure of a document, report, or evidence in connection with a regulatory

or legal action pursuant to divisions (E)(2) and (G) of this section does not prohibit

an insurer or any other person from taking steps to limit the dissemination of the

document, report, or evidence to persons not involved in or the subject of the regulatory

or legal action on the basis of any recognized privilege arising under any other section

of the Revised Code or the common law. (K) The superintendent and the superintendent's designee are not subject to subpoena

in civil actions by any court of this state to testify concerning any matter of which

they have knowledge pursuant to a pending insurance fraud investigation by the superintendent.