§ 33-107

(a) (1) Documents, materials, and other information in the control or possession of the Commissioner that are furnished by a carrier or an employee or agent thereof acting on behalf of the carrier under § 33–103(j) or § 33–105(b)(2) through (5), (8), (10), and (11) of this title or that are obtained by the Commissioner in an investigation or examination under this section or from a managed care organization in accordance with § 33–105(f) of this title:

(i) are confidential by law and privileged;

(ii) are not subject to the Maryland Public Information Act;

(iii) are not subject to subpoena; and

(iv) are not subject to discovery or admissible in evidence in a private civil action.

(2) The Commissioner is authorized to use the documents, materials, and other information in the furtherance of a regulatory or legal action brought as a part of the Commissioner’s duties.

(b) The Commissioner and any person who received documents, materials, or other information while acting under the authority of the Commissioner may not be allowed or required to testify in a private civil action concerning confidential documents, materials, or other information subject to subsection (a) of this section.

(c) The Commissioner may:

(1) if the recipient agrees to maintain the confidentiality and privileged status of the documents, materials, or other information, share documents, materials, or other information, including the confidential and privileged documents, materials, or other information subject to subsection (a) of this section, with:

(i) other state, federal, and international regulatory agencies;

(ii) the National Association of Insurance Commissioners, its affiliates, or subsidiaries; and

(iii) 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;

(2) receive documents, materials, or other information, including otherwise confidential and privileged documents, materials, or other information, from:

(i) the National Association of Insurance Commissioners, its affiliates, or subsidiaries; and

(ii) regulatory and law enforcement officials of other foreign or domestic jurisdictions;

(3) share documents, materials, or other information subject to subsection (a) of this section with a third–party consultant or vendor, if the consultant agrees in writing to maintain the confidentiality and privileged status of the document, material, or other information; and

(4) enter into agreements governing sharing and use of information consistent with this subsection.

(d) The Commissioner shall maintain as confidential or privileged any document, material, or other information received under subsection (c)(2) of this section 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 other information.

(e) A waiver of an applicable privilege or claim of confidentiality in the documents, materials, or other information may not occur as a result of disclosure to the Commissioner under this section or as a result of sharing as authorized in subsection (c) of this section.

(f) This section does not prohibit the Commissioner from releasing final, adjudicated actions that are open to public inspection.