Ohio § 3961.07

§ 3961.07.

(A) The superintendent of insurance may examine or investigate the business and affairs

of a discount medical plan organization as the superintendent deems appropriate to

protect the interests of the residents of this state. (B) When examining or investigating a discount medical plan organization pursuant to

division (A) of this section, the superintendent may do both of the following: (1) Order a discount medical plan organization to produce any records, files, advertising

and solicitation materials, lists of providers with which the organization contracted,

lists of members, provider agreements described in section 3961.02 of the Revised Code , agreements between a marketer and discount medical plan organization described in section 3961.03 of the Revised Code , or other information; (2) Take statements under oath to determine whether a discount medical plan organization

has violated or is violating sections 3961.01 to 3961.08 of the Revised Code or is acting contrary to the public interest. (C)(1) All records and other information concerning a discount medical plan organization

obtained by the superintendent or the superintendent's deputies, examiners, assistants,

agents, or other employees pursuant to division (B) of this section are confidential

and not public records as defined in section 149.43 of the Revised Code unless the organization is given notice and opportunity for hearing pursuant to Chapter

119. of the Revised Code concerning the records and other information obtained under

division (B) of this section.  If no administrative action is initiated with respect to a particular matter about

which the superintendent obtained records or other information under division (B)

of this section, the records and other information shall remain confidential for three

years after the file on the matter is closed.  Release of the records and other information after the three-year period shall be

governed by section 149.43 of the Revised Code . (2) The records and other information described in division (C)(1) of this section shall

remain confidential for all purposes except where the superintendent or the superintendent's

deputies, examiners, assistants, agents, or other employees appropriately take official

action regarding the affairs of the discount medical plan organization or marketer

or in connection with actual or potential criminal proceeding. (D) Notwithstanding division (C) of this section, the superintendent may do any of the

following: (1) Share records and other information obtained pursuant to division (B) of this section

with other persons employed by or acting on behalf of the superintendent;  local,

state, federal, and international regulatory and law enforcement agencies;  local,

state, and federal prosecutors;  and the national association of insurance commissioners

and its affiliates and subsidiaries if the recipient agrees and has authority to agree

to maintain the confidential status of the records or other information; (2) Disclose records and other information obtained pursuant to division (B) of this

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

the superintendent or this state resulting from the exercise of the superintendent's

official duties. (E) Notwithstanding divisions (C) and (D) of this section, the superintendent may authorize

the national association of insurance commissioners and its affiliates and subsidiaries

by agreement to share confidential records and other information obtained pursuant

to division (B) of this section with local, state, federal, and international regulatory

and law enforcement agencies and local, state, and federal prosecutors if the recipient

agrees and has authority to agree to maintain the confidential status of the records

and other information. (F) Any applicable privilege or claim of confidentiality is not waived as a result of

sharing or disclosing information pursuant to division (D)(1) or (E) of this section. (G) Employees or agents of the department of insurance shall not be required by any court

in this state to testify in a civil action if the testimony concerns any matter related

to records or other information considered confidential under this section. (H) Nothing in this section shall be construed to limit the superintendent's powers under section 3901.04 of the Revised Code .