40-2d20. RBC reports, plans and corrective orders are confidential; not to be used for rate making. (a) All RBC reports, RBC plans and any corrective orders, including the working papers and the results of any analysis of a health organization performed under this act shall be kept confidential by the commissioner. This information shall not be made public or subject to subpoena, other than by the commissioner and then only for the purpose of enforcement actions taken by the commissioner pursuant to this act or any other provision of the insurance laws of this state.
(b) RBC instructions, RBC reports, adjusted RBC reports, RBC plans and revised RBC plans are intended solely for use by the commissioner in monitoring the solvency of health organizations and the need for possible corrective action with respect to health organizations and shall not be used by the commissioner for ratemaking nor considered or introduced as evidence in any rate proceeding nor used by the commissioner to calculate or derive any elements of an appropriate premium level or rate of return for any line of insurance which an health organization or any affiliate is authorized to write.
(c) (1) The commissioner may share or exchange any documents, materials or other information, including confidential and privileged documents referred to in subsection (a), received in the performance of the commissioner's duties under this act, with:
(A) The NAIC;
(B) other state, federal or international regulatory agencies; and
(C) other state, federal or international law enforcement authorities.
(2) (A) The sharing or exchanging of documents, materials or other information under this subsection shall be conditioned upon the recipient's authority and agreement to maintain the confidential and privileged status, if any, of the documents, materials or other information being shared or exchanged.
(B) No waiver of an existing 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 by paragraph (1) of subsection (c).
(3) The commissioner of insurance is hereby authorized to adopt such rules and regulations establishing protocols governing the exchange of information as may be necessary to implement and carry out the provisions of this act.
History: L. 2000, ch. 147, ยง 21; July 1.
Structure Kansas Statutes
Article 2d - Health Organization Risk-based Capital Requirements
40-2d01 Risk-based capital requirements; definitions.
40-2d02 Risk-based capital report.
40-2d03 Determination of risk-based capital.
40-2d04 Risk-based capital report; adjustment.
40-2d05 Company action level event; defined.
40-2d06 Submission of RBC plan.
40-2d07 Risk-based capital plan; submission.
40-2d08 Same; notification by commissioner.
40-2d09 Same; notification of a regulatory action event.
40-2d10 Domestic health organization to file RBC plan in any state authorized to do business.
40-2d11 Regulatory action level event.
40-2d12 Same; commissioner's duties in regulatory action level event.
40-2d13 Corrective actions; submission of RBC plans, when.
40-2d14 Review of RBC plans; expenses.
40-2d15 Authorized control level event; defined.
40-2d16 Same; commissioner's duties in authorized control level event.
40-2d17 Mandatory control event; defined.
40-2d18 Same; commissioner's actions.
40-2d19 Hearing under Kansas administrative procedure act.
40-2d20 RBC reports, plans and corrective orders are confidential; not to be used for rate making.
40-2d22 Provisions of act supplemental to other provisions of law.
40-2d23 Foreign health organization; RBC report.
40-2d24 Commissioner may require foreign health insurer to file RBC plan, when.
40-2d25 Mandatory control level event; foreign health organization; liquidation of property.
40-2d26 Notices by commissioner; effective, when.
40-2d28 Regulatory action provisions; phase in.
40-2d29 Rules and regulations.
40-2d30 Health organization risk-based capital act; citation.