Effective: September 11, 2008
Latest Legislation: House Bill 404 - 127th General Assembly
Except as otherwise permitted or required by law, a viatical settlement provider, viatical settlement broker, insurance company, insurance agent, insurance broker, information bureau, rating agency or company, or any other person with actual knowledge of a viator or an insured's identity, shall not disclose that identity, including the viator or insured's name and individual identification data, or the viator or insured's financial or medical information, unless any of the following apply:
(A) The disclosure is necessary to effect a viatical settlement, and the viator and insured have provided prior written consent to the disclosure.
(B) The disclosure is provided in response to an investigation or examination by the superintendent of insurance or by any other governmental officer or agency or pursuant to the requirements of division (C) of section 3916.18 of the Revised Code.
(C) The disclosure is a term of, or condition to, the transfer of a viaticated policy by one viatical settlement provider to another viatical settlement provider.
(D) The disclosure is necessary to permit a financing entity, related provider trust, or special purpose entity to finance the purchase of policies by a viatical settlement provider, and the viator and insured have provided prior written consent to the disclosure.
(E) The disclosure is necessary to allow the viatical settlement provider or its authorized representatives to make contacts for the purpose of determining health status.
(F) The disclosure is required to purchase stop-loss coverage or financial guaranty insurance.
Structure Ohio Revised Code
Chapter 3916 | Viatical Settlements Model Act
Section 3916.01 | Viatical Settlements Model Act Definitions.
Section 3916.02 | Viatical Settlement Provider or Broker License.
Section 3916.03 | Application for License - Issuance, Renewal - New or Revised Information.
Section 3916.031 | Licensed Broker Business to Maintain Licensed Individual.
Section 3916.04 | Broker Deemed to Represent Viator - Fiduciary Duty.
Section 3916.05 | Forms to Be Approved by Superintendent - Fees.
Section 3916.06 | Required Disclosures With Application.
Section 3916.07 | Viatical Settlement Provider - Duties - Confidentiality of Medical Information.
Section 3916.08 | Right to Rescind Contract After Receipt of Proceeds.
Section 3916.09 | Independent Escrow Agent.
Section 3916.10 | Limiting Contact With Insured After Settlement Has Occurred.
Section 3916.11 | Records - Examinations.
Section 3916.12 | Annual Statement - Financial Statements.
Section 3916.13 | Permitted Disclosures.
Section 3916.14 | Examination by Superintendent.
Section 3916.15 | Prohibitions.
Section 3916.17 | Advertising of Viatical Settlement Contracts.
Section 3916.171 | Fraudulent Viatical Settlement Acts Prohibited.
Section 3916.172 | Transactions in Furtherance of Stranger-Originated Insurance Void.
Section 3916.173 | Trusts to Give Appearance of Insurable Interest Illegal.
Section 3916.18 | Prohibiting Fraudulent Acts.
Section 3916.19 | Injunctions.