Oklahoma § 36-6945 - Confidentiality of RBC reports and plans - Sharing and

§ 36-6945. Confidentiality of RBC reports and plans - Sharing and

use of confidential information by Insurance Commissioner Publication of RBC levels - Use of information in rate proceedings.

A. All Risk-Based Capital (RBC) reports, to the extent the

information is not required to be provided in a publicly available

annual statement schedule, and RBC plans, including the work papers

produced, obtained by or disclosed to the Commissioner or any other

person in the course of any examination or analysis and the results

or report of any examination or analysis of a health maintenance

organization performed pursuant to this statute and any corrective

order issued by the Commissioner pursuant to examination or

analysis, with respect to a domestic health maintenance organization

or foreign health maintenance organization that are in the

possession or control of the Insurance Commissioner shall, by law,

be confidential and privileged, shall not be subject to the

provisions of the Oklahoma Open Records Act or the Administrative

Procedures Act, shall not be subject to subpoena, and shall not be

subject to discovery or admissible in evidence in any private civil

action; provided, however, the Commissioner is authorized to use the

documents, materials or other information in the furtherance of any

regulatory or legal action brought as a part of the Commissioner’s

official duties.

B. Access to the documentation provided for in subsection A of

this section may be granted to the National Association of Insurance

Commissioners. The parties shall agree in writing prior to

receiving information to provide to it the same confidential

treatment as required by this section, unless the prior written

consent of the company to which it pertains has been obtained.

C. Neither the Commissioner nor any person who received

documents, materials or other information while acting under the

authority of the Commissioner shall be permitted or required to

testify in any private civil action concerning any confidential

documents, materials or information subject to the provisions of

subsection A of this section.

D. In order to assist in the performance of the Commissioner’s

duties, the Commissioner:

1. May share documents, materials or other information,

including the confidential and privileged documents, materials or

information subject to the provisions of subsection A of this

section, with other state, federal and international regulatory

agencies, with the NAIC and its affiliates and subsidiaries, and

with state, federal and international law enforcement authorities;

provided, that the recipient agrees to maintain the confidentiality

and privileged status of the document, material or other

information;

Oklahoma Statutes - Title 36. Insurance

2. May receive documents, materials or information, including

otherwise confidential and privileged documents, materials or

information, from the NAIC and its affiliates and subsidiaries, and

from regulatory and law enforcement officials of other foreign or

domestic jurisdictions, and shall maintain as confidential or

privileged any document, material or information received with

notice or the understanding that it is confidential or privileged

under the laws of the jurisdiction that is the source of the

document, material or information; and

3. May enter into agreements governing the sharing and use of

information consistent with this subsection.

E. No waiver of any applicable privilege or claim of

confidentiality in the documents, materials or information shall

occur as a result of disclosure to the Commissioner under this

section or as a result of sharing as authorized in paragraph 3 of

subsection D of this section.

F. Except as otherwise required under the provisions of this

act, the making, publishing, disseminating, circulating or placing

before the public, or causing, directly or indirectly to be made,

published, disseminated, circulated or placed before the public, in

a newspaper, magazine or other publication, or in the form of a

notice, circular, pamphlet, letter or poster, or over a radio or

television station, or in any other way, an advertisement,

announcement or statement containing an assertion, representation or

statement with regard to the RBC levels of any health maintenance

organization, or of any component derived in the calculation, by any

health maintenance organization, agent, broker or other person

engaged in any manner in the insurance business would be misleading

and is therefore prohibited. Provided, however, that if any

materially false statement with respect to the comparison regarding

a health maintenance organization’s total adjusted capital to its

RBC levels, or any of them, or an inappropriate comparison of any

other amount to the health maintenance organization’s RBC levels is

published in any written publication and the health maintenance

organization is able to demonstrate to the Commissioner with

substantial proof the falsity or inappropriateness of the statement,

the health maintenance organization may publish an announcement in a

written publication if the sole purpose of the announcement is to

rebut the materially false statement.

G. RBC instructions, RBC reports, adjusted RBC reports, RBC

plans and revised RBC plans shall be used by the Commissioner solely

in monitoring the solvency of health maintenance organizations and

the need for possible corrective action with respect to health

maintenance organizations. Such instructions, reports and plans

shall not be used by the Commissioner for ratemaking, considered or

introduced as evidence in any rate proceeding, or used by the

Commissioner to calculate or derive any elements of an appropriate

Oklahoma Statutes - Title 36. Insurance

premium level or rate of return for any line of insurance that a

health maintenance organization or any affiliate is authorized to

write.

Added by Laws 2003, c. 197, § 45, eff. Nov. 1, 2003. Amended by

Laws 2010, c. 356, § 7, eff. Nov. 1, 2010.