1.
a.Information, records, and documents utilized for the purpose of, or in the course
of, investigation, regulation, or examination of an insurance company, an insurance holding
company, an individual insurance producer, or a business entity producer received by the
division from some other governmental entity which treats such information, records, and
documents as confidential, are confidential and shall not be disclosed by the division and
are not subject to subpoena. Such information, records, and documents do not constitute a
public record under chapter 22.
b.The disclosure of confidential information, administrative or judicial orders which
contain confidential information, or information regarding other action of the division which
is not a public record subject to disclosure, to
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1. a. Information, records, and documents utilized for the purpose of, or in the course
of, investigation, regulation, or examination of an insurance company, an insurance holding
company, an individual insurance producer, or a business entity producer received by the
division from some other governmental entity which treats such information, records, and
documents as confidential, are confidential and shall not be disclosed by the division and
are not subject to subpoena. Such information, records, and documents do not constitute a
public record under chapter 22.
b. The disclosure of confidential information, administrative or judicial orders which
contain confidential information, or information regarding other action of the division which
is not a public record subject to disclosure, to other insurance and financial regulatory
officials may be permitted by the commissioner provided that those officials are subject to,
or agree to comply with, standards of confidentiality comparable to those imposed on the
commissioner.
2. Notwithstanding subsection 1, an application for a rate increase filed by a health
insurance carrier and all information, records, and documents accompanying such an
application or utilized for the purpose of, or in the course of consideration of the application
by the commissioner, shall constitute a public record under chapter 22 except as provided in
this subsection.
a. The commissioner shall consider the written request of a health insurance carrier to
keep confidential certain details of an application or accompanying information, records,
and documents. If the request includes a sufficient explanation as to why public disclosure
of such details would give an unfair advantage to competitors, the commissioner shall keep
such details confidential. If the commissioner elects to keep certain details confidential,
the commissioner shall release only the nonconfidential details in response to a request for
records made pursuant to chapter 22. If confidential details are withheld from a request for
records made pursuant to chapter 22, the commissioner shall release an explanation of why
the information was deemed confidential and a summary of the nature of the information
withheld and the reasons for withholding the information.
b. In considering requests for confidential treatment, the commissioner shall narrowly
construe the provisions of this subsection in order to appropriately balance an applicant’s
need for confidentiality against the public’s right to information about the application.