established.
1. The commissioner of insurance shall be the head of the division, and shall have
general control, supervision, and direction over all insurance business transacted in the
state, and shall enforce all the laws of the state relating to federal and state insurance
business transacted in the state.
2. The commissioner shall, subject to chapter 17A, establish, publish, and enforce rules
not inconsistent with law for the enforcement of this subtitle and for the enforcement of the
laws,theadministrationandsupervisionofwhichareimposedonthedivision,includingrules
to establish fees sufficient to administer the laws, where appropriate fees are not otherwise
provided for in rule or statute.
3. The commissioner shall supervise all transactions relating to the organization,
reorganization, liquidation, and dissolution of domestic insurance corporations, and all
transactions leading up to the organization of such corporations.
4. The commissioner shall also supervise the sale in the state of all stock, certificates,
or other evidences of interest, either by domestic or foreign insurance companies or
organizations proposing to engage in any insurance business.
5. The commissioner shall supervise all health insurance purchasing cooperatives
providing services or operating within the state and the organization of domestic
cooperatives. The commissioner may admit nondomestic health insurance purchasing
cooperatives under the same standards as domestic cooperatives.
6. The commissioner shall provide assistance to the public and to consumers of insurance
products and services in this state.
a. The commissioner shall accept inquiries and complaints from the public regarding the
business of insurance. The commissioner or the commissioner’s designee may respond to
inquiries and complaints, and may examine or investigate such inquiries and complaints to
determine whether laws in this subtitle and rules adopted pursuant to such laws have been
violated.
b. The commissioner shall establish a bureau, to be known as the “consumer advocate
bureau”, which shall be responsible for ensuring fair treatment of consumers and for
preventing unfair or deceptive trade practices in the marketplace and by persons under the
jurisdiction of the commissioner.
(1) The commissioner, with the advice of the governor, shall appoint a consumer advocate
who shall be knowledgeable in the area of insurance and particularly in the area of consumer
protection. Theconsumeradvocateshallbethechiefadministratoroftheconsumeradvocate
bureau.
(2) Theconsumeradvocatebureaumayreceiveandmayinvestigateconsumercomplaints
and inquiries from the public, and may conduct investigations to determine whether any
person has violated any provision of the insurance code, including chapters 507B and 522B,
and any provisions related to the establishment of insurance rates.
(3) The consumer advocate bureau shall perform other functions as may be assigned to it
by the commissioner related to consumer advocacy.
(4) The consumer advocate bureau shall work in conjunction with other areas of the
insurance division on matters of mutual interest. The insurance division shall cooperate
with the consumer advocate in fulfilling the duties of the consumer advocate bureau. The
consumer advocate may also seek assistance from other federal or state agencies or private
entities for the purpose of assisting consumers.
(5) When necessary or appropriate to protect the public interest or consumers, the
consumer advocate may request that the commissioner conduct rate filing reviews as
provided in section 505.15 or administrative hearings as provided in section 505.29.
(6) The commissioner, in cooperation with the consumer advocate, shall prepare and
deliver a report to the general assembly by January 15 of each year that contains findings
and recommendations regarding the activities of the consumer advocate bureau including
but not limited to all of the following:
(a) An overview of the functions of the bureau.
(b) The structure of the bureau including the number and type of staff positions.
(c) Statistics showing the number of complaints handled by the bureau, the nature of the
complaints including the line of business involved and their disposition, and the disposition
of similar issues in other states.
(d) Actions commenced by the consumer advocate.
(e) Studies performed by the consumer advocate.
(f) Educational and outreach efforts of the consumer advocate bureau.
(g) Recommendations from the commissioner and the consumer advocate about
additional consumer protection functions that would be appropriate and useful for the
bureau or the insurance division to fulfill based on observations and analysis of trends in
complaints and information derived from national or other sources.
(h) Recommendations from the commissioner and the consumer advocate about any
needs for additional funding, staffing, legislation, or administrative rules.
c. When necessary or appropriate to protect the public interest or consumers, the
commissioner may conduct, or the commissioner’s designee may request that the
commissioner conduct, administrative hearings as provided in this subtitle.
d. The commissioner may adopt rules for the administration of this subsection.
7. The commissioner shall have regulatory authority over health benefit plans and adopt
rulesunderchapter17Aasnecessary,topromotetheuniformity,costefficiency,transparency,
and fairness of such plans for physicians and osteopathic physicians licensed under chapter
148 and hospitals licensed under chapter 135B, for the purpose of maximizing administrative
efficiencies and minimizing administrative costs of health care providers and health insurers.
8. a. Notwithstanding chapter 22, the commissioner shall keep confidential the
information submitted to the insurance division or obtained by the insurance division in
the course of an investigation or inquiry pursuant to subsection 6, including all notes,
work papers, or other documents related to the investigation. Information obtained by the
commissioner in the course of investigating a complaint or inquiry may, in the discretion
of the commissioner, be provided to the insurance company or insurance producer that is
the subject of the complaint or inquiry, to the consumer who filed the complaint or inquiry,
and to the individual insured who is the subject of the complaint or inquiry, without waiving
the confidentiality afforded to the commissioner or to other persons by this subsection. The
commissioner may disclose or release information that is otherwise confidential under this
subsection, in the course of an administrative or judicial proceeding.
b. Notwithstandingchapter22,thecommissionershallkeepconfidentialbothinformation
obtained by or submitted to the insurance division pursuant to chapters 514J and 515D.
c. The commissioner shall adopt rules protecting the privacy of information held by an
insurer or an agent consistent with the federal Gramm-Leach-Bliley Act, Pub. L. No. 106-102.
d. Notwithstanding paragraphs “a”, “b”, and “c”, if the commissioner determines that
it is necessary or appropriate in the public interest or for the protection of the public, the
commissioner may share information with other regulatory authorities or governmental
agencies or may publish information concerning a violation of this chapter or a rule or
order under this chapter. Such information may be redacted so that personally identifiable
information is not made available.
e. The commissioner may adopt rules protecting the privacy of information submitted to
the insurance division consistent with this section.
9. Notwithstanding chapter 22, the commissioner may keep confidential any social
security number, residence address, and residence telephone number that is contained in a
record filed as part of a licensing, registration, or filing process if disclosure is not required
in the performance of any duty or is not otherwise required under law.
10. The commissioner may, after a hearing conducted pursuant to chapter 17A, assess
fines or penalties; assess costs of an examination, investigation, or proceeding; order
restitution; or take other corrective action as the commissioner deems necessary and
appropriate to accomplish compliance with the laws of the state relating to all insurance
business transacted in the state.
11. The commissioner may do any of the following:
a. Conduct public or private investigations within or outside of this state which the
commissioner deems necessary or appropriate to determine whether a person has violated,
is violating, or is about to violate a provision of any chapter of this subtitle or a rule adopted
or order issued under any chapter of this subtitle, or to aid in the enforcement of any chapter
of this subtitle or in the adoption of rules and forms under any chapter of this subtitle.
b. Require or permit a person to testify, file a statement, or produce a record under oath
or otherwise as the commissioner determines, concerning facts and circumstances relating
to a matter being investigated or about which an action or proceeding will be instituted.
c. Notwithstanding subsection 8, publish a record concerning an action, proceeding, or
investigation under, or a violation of, any chapter of this subtitle or a rule adopted or order
issuedunderanychapterofthissubtitle,ifthecommissionerdeterminesthatsuchpublication
is in the public interest and is necessary and appropriate for the protection of the public.
12. For the purpose of an investigation made under any chapter of this subtitle, the
commissioner or the commissioner’s designee may administer oaths and affirmations,
subpoena witnesses, seek compulsory attendance, take evidence, require the filing of
statements, and require the production of any records that the commissioner considers
relevant or material to the investigation, pursuant to rules adopted under chapter 17A. The
confidentiality provisions of subsection 8 shall apply to information and material obtained
pursuant to this subsection.
13. If a person does not appear or refuses to testify, or does not file a statement or produce
records, or otherwise does not obey a subpoena or order issued by the commissioner under
any chapter of this subtitle, the commissioner may, in addition to assessing the penalties
contained in sections 505.7A, 507B.6A, 507B.7, 522B.11, and 522B.17, make application to a
districtcourtofthisstateoranotherstatetoenforcecompliancewiththesubpoenaororder. A
court to whom application is made to enforce compliance with a subpoena or order pursuant
to this subtitle may do any of the following:
a. Hold the person in contempt.
b. Order the person to appear before the commissioner.
c. Order the person to testify about the matter under investigation.
d. Order the production of records.
e. Grant injunctive relief, including restricting or prohibiting the offer or sale of insurance
or insurance advice.
f. Impose a civil penalty as set forth in section 505.7A.
g. Grant any other necessary or appropriate relief.
14. Thissectionshallnotbeconstruedtoprohibitapersonfromapplyingtoadistrictcourt
of this state or another state for relief from a subpoena or order issued by the commissioner
under any chapter of this subtitle.
15. An individual shall not be relieved of an order to appear, testify, file a statement,
produce a record or other evidence, or obey a subpoena or other order of the commissioner
made under any chapter of this subtitle on the grounds that fulfillment of the requirement
may, directly or indirectly, tend to incriminate the individual or subject the individual to a
criminal fine, penalty, or forfeiture. If an individual refuses to obey a subpoena or order
by asserting that individual’s privilege against self-incrimination, the commissioner may
apply to the district court to compel the individual to obey the subpoena or order of the
commissioner. Testimony, records, or other evidence that is compelled by a court enforcing
an order of the commissioner shall not be used, directly or indirectly, against that individual
in a criminal case, except in a prosecution for perjury or contempt or for otherwise failing
to comply with the order.
16. Upon request of the insurance regulator of another state or foreign jurisdiction, the
commissioner may provide assistance in conducting an investigation to determine whether
a person has violated, is violating, or is about to violate an insurance law or rule of the
other state or foreign jurisdiction administered or enforced by that insurance regulator. The
commissioner may provide such assistance pursuant to the powers conferred under this
sectionasthecommissionerdeterminesisnecessaryorappropriateunderthecircumstances.
Such assistance may be provided regardless of whether the conduct being investigated
would constitute a violation of this subtitle or any other law of this state if the conduct
occurred in this state. In determining whether to provide such assistance the commissioner
may consider whether the insurance regulator requesting the assistance is permitted to and
has agreed to reciprocate in providing assistance to the commissioner upon request, whether
compliance with the request would violate or prejudice the public policy of this state, and the
availability of division commissioner resources and employees to provide such assistance.
17. The commissioner shall utilize the senior health insurance information program to
assist in the dissemination of objective and noncommercial educational material and to raise
awareness of prudent consumer choices in considering the purchase of various insurance
products designed for the health care needs of older Iowans.
18. The commissioner shall annually convene a work group composed of the consumer
advocate, health insurance carriers, health care providers, small employers that purchase
health insurance under chapter 513B, and individual consumers in the state for the
purpose of considering ways to reduce the cost of providing health insurance coverage
and health care services, including but not limited to utilization of uniform billing codes,
improvements to provider credentialing procedures, reducing out-of-state care expenses,
annually assessing the impact of federal health care reform legislation on health care
costs in the state and determining whether such legislation has reduced the cost of health
insurance in the state, and the electronic delivery of explanation of benefits statements. The
recommendations made by the work group shall be included in the annual report filed with
the general assembly pursuant to section 505.18.
19. The commissioner may propose and promulgate administrative rules to effectuate the
insurance provisions of the federal Patient Protection and Affordable Care Act, Pub. L. No.
111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010,
Pub. L. No. 111-152, and any amendments thereto, or other applicable federal law.