Ohio § 3916.12

§ 3916.12.

(A) Each licensee under this chapter shall file with the superintendent of insurance,

on or before the first day of March of each year, an annual statement verified under

oath by two officers in the form prescribed by the superintendent.  The annual statement for a viatical settlement provider shall include the following

information about the viatical settlement provider's transactions: (1) Aggregate total of the value of unsettled viatical settlement contracts that have

been signed by the viator but have not been settled as of the date of the report categorized

by the number of days since the viator signed the contract; (2) Number of policies purchased, total amount of settlement paid for policies purchased,

total face value of policies purchased beginning with the reporting year and most

recent five years; (3) Number of settlements paid in the preceding calendar year, allocated by state or

territory; (4) Any other information required by the superintendent. (B) On or before the first day of May of each year, a viatical settlement provider licensed

in this state shall file with the superintendent its financial statement, audited

by an independent certified public accountant along with a letter stating whether

any significant deficiencies or material weaknesses were detected during the audit

pursuant to statement on auditing standards number 112 or as amended or superseded. (C)(1) Each viatical settlement provider shall file with the superintendent interim unaudited

financial statements, including comparative results and footnotes to the financial

statements, on a quarterly basis within forty-five days after the end of each quarter.  The interim financial statements shall meet all of the following requirements: (a) Be certified by the chief executive officer and chief financial officer as to the

accuracy and fair presentation; (b) Include disclosures either on the face of the financial statements or in accompanying

footnotes sufficient so as to make the interim information not misleading. (2) Viatical settlement providers may assume that the users of the interim financial

statements have access to the prior fiscal year-end audited financial statements and

that the adequacy of additional disclosure needed for a fair presentation, except

in regard to material contingencies, may be determined in that context.  A footnote disclosure that would substantially duplicate the disclosure contained

in the audited financial statements for the preceding fiscal year may be omitted.  A footnote disclosure shall be provided if events subsequent to the fiscal year

end have a material impact on the viatical settlement provider. (D) A viatical settlement provider that willfully fails to file the annual statements

required by this section, or willfully fails to reply within thirty calendar days

to a written inquiry from the superintendent or the superintendent's designee, shall,

in addition to other penalties provided by this chapter, be subject to a penalty of

up to two hundred fifty dollars per day, not to exceed twenty-five thousand dollars

in the aggregate for each such failure. (E) The superintendent shall keep confidential and not a matter of public record all

proprietary information of the licensee, all individual transaction data regarding

the business of viatical settlements, and data that could compromise the privacy of

personal, financial, and health information of the viator or insured.