Ohio § 3901.48

§ 3901.48.

(A) The original work papers of a certified public accountant performing an audit of

an insurance company or health insuring corporation doing business in this state that

is required by rule or by any section of the Revised Code to file an audited financial

report with the superintendent of insurance shall remain the property of the certified

public accountant.  Any copies of these work papers voluntarily given to the superintendent shall be

the property of the superintendent.  The original work papers or any copies of them, whether in possession of the certified

public accountant or the department of insurance, are confidential and privileged

and are not a public record as defined in section 149.43 of the Revised Code .  The original work papers and any copies of them are not subject to subpoena and

shall not be made public by the superintendent or any other person. (B) The work papers of the superintendent or of the person appointed by the superintendent,

resulting from the conduct of an examination made pursuant to section 3901.07 of the Revised Code or from the conduct of a financial analysis of any entity subject to examination

by the superintendent, including but not limited to any insurance company, health

insuring corporation, fraternal benefit society, or multiple employer welfare arrangement,

are confidential and privileged and are not a public record as defined in section 149.43 of the Revised Code .  The original work papers and any copies of them are not subject to subpoena and

shall not be made public by the superintendent or any other person. (C) The work papers of the superintendent or of any person appointed by the superintendent,

resulting from the conduct of a performance regulation examination made pursuant to

authority granted under section 3901.011 of the Revised Code or from the conduct of a market analysis or investigation of any entity subject to

examination by the superintendent, including, but not limited to, any insurance company,

health insuring corporation, fraternal benefit society, or multiple employer welfare

arrangement, are confidential and privileged and are not a public record as defined

in section 149.43 of the Revised Code .  The original work papers and any copies of them are not subject to subpoena and

shall not be made public by the superintendent or any other person. (D) Notwithstanding divisions (A), (B), and (C) of this section, the superintendent may

do either of the following: (1) Share work papers 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,

and with the interstate insurance product regulation commission described in section 3915.16 of the Revised Code , provided that the recipient agrees to maintain the confidential or privileged status

of the confidential or privileged work paper and has authority to do so; (2) Disclose work papers 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. (E) Notwithstanding divisions (A), (B), (C), and (D) of this section, the superintendent

may authorize the national association of insurance commissioners and its affiliates

and subsidiaries or the interstate insurance product regulation commission described

in section 3915.16 of the Revised Code by agreement to share confidential or privileged work papers received pursuant to

division (D)(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 work paper and has authority to do so. (F) Notwithstanding divisions (A), (B), (C), and (D) of this section, the chief deputy

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

may disclose work papers 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. (G) Nothing in this section shall prohibit the superintendent from receiving work papers

in accordance with section 3901.045 of the Revised Code . (H) The superintendent may enter into agreements governing the sharing and use of work

papers consistent with the requirements of this section. (I)(1) No waiver of any applicable privilege or claim of confidentiality in the work papers,

or copies thereof, that are the subject of this section shall occur as a result of

sharing or receiving work papers as authorized in divisions (D)(1), (E), and (G) of

this section. (2) The disclosure of work papers in connection with a regulatory or legal action pursuant

to divisions (D)(2) and (F) of this section does not prohibit an insurer or any other

person from taking steps to limit the dissemination of the work papers 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.