Connecticut General Statutes
Chapter 706c - Connecticut Health Insurance Exchange
Section 38a-1090. - Applicability of Freedom of Information Act to exchange. Authority of commissioner.

(a) The exchange shall continue as long as it shall have legal authority to exist pursuant to the general statutes and until its existence is terminated by law. Upon the termination of the existence of the exchange, all its rights and properties shall pass to and be vested in the state of Connecticut.

(b) The exchange shall be subject to the Freedom of Information Act, as defined in section 1-200, except that the following information under sections 38a-1081 to 38a-1089, inclusive, shall not be subject to disclosure under section 1-210: (1) The names and applications of individuals and employers seeking coverage through the exchange; (2) individuals' health information; and (3) information exchanged between the exchange and the (A) Departments of Social Services, Public Health and Revenue Services, (B) Insurance Department, (C) office of the Comptroller, or (D) any other state agency that is subject to confidentiality agreements under contracts entered into with the exchange.
(c) Unless expressly specified, nothing in this section or sections 38a-1080 to 38a-1089, inclusive, and no action taken by the exchange pursuant to said sections shall be construed to preempt, supersede or affect the authority of the commissioner to regulate the business of insurance in the state. All health carriers offering qualified health plans in the state shall comply with all applicable provisions of sections 38a-1083 to 38a-1093, inclusive, and procedures adopted by the board pursuant to section 38a-1082.
(P.A. 11-53, S. 13; P.A. 13-247, S. 143; P.A. 14-217, S. 88; June Sp. Sess. P.A. 17-2, S. 119.)
History: P.A. 11-53 effective July 1, 2011; P.A. 13-247 amended Subsec. (b) by designating existing provision re exemptions from disclosure under Freedom of Information Act as Subdiv. (1) and making conforming changes therein, and adding Subdiv. (2) re requirements for disclosures made for purposes of the all-payer claims database, effective June 19, 2013; P.A. 14-217 amended Subsec. (c) to add reference to Sec. 38a-1091 and replace “health insurance laws of the state and regulations adopted and orders issued by the commissioner” with “provisions of sections 38a-1083 to 38a-1091, inclusive, and procedures adopted by the board pursuant to section 38a-1082”, effective June 13, 2014; June Sp. Sess. P.A. 17-2 amended Subsec. (b) by deleting former Subdiv. (2) re removal of identifiers from certain disclosures and making technical changes, and amended Subsec. (c) by deleting a reference to Sec. 38a-1091 and replacing a reference to Sec. 38a-1091 with a reference to Sec. 38a-1093, effective October 31, 2017.

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