| 47 | | - | SECTION 1. Section 431:2-209, Hawaii Revised Statutes, is amended to read as follows: "§431:2-209 Records and reports. (a) The commissioner shall preserve in permanent form records and reports of the commissioner's proceedings, hearings, investigations, and examinations, and shall file the records in the commissioner's office. (b) The records of the commissioner and insurance filings in the commissioner's office shall be open to public inspection, except as otherwise provided in this code. (c) One year after conclusion of the transactions to which they relate, the commissioner may destroy any correspondence, void or obsolete filings relating to rates, certificate of authority applications, self-insurance applications, registrations, foreign or alien insurers' annual statements, valuation reports, certificates of compliance and deposits, cards, and expired bonds. Three years after the conclusion of the transactions to which they relate, the commissioner may destroy any claim files, working papers of examinations, reports of examination by insurance supervisory officials of other states, void or obsolete filings relating to license applications, records of hearings and investigations, and any similar records, documents, or memoranda now or hereafter in the commissioner's possession. (d) Three years after the date filed or within three years of the due date prescribed for the filing of the tax report, whichever is later, the commissioner may destroy the tax reports of any foreign or alien insurers, surplus lines brokers, or independently procured insureds, or similar records or reports now or hereafter in the commissioner's possession. (e) The following records and reports on file with the commissioner shall be confidential and protected from discovery, production, and disclosure for so long as the commissioner deems prudent: (1) Complaints and investigation reports; (2) Working papers of examinations, complaints, and investigation reports; (3) Proprietary information, including trade secrets, commercial information, and business plans, which, if disclosed may result in competitive harm to the person providing the information; and (4) Any documents or information received from the National Association of Insurance Commissioners, the federal government, insurance regulatory agencies of foreign countries, or insurance departments of other states, territories, and commonwealths that are confidential in other jurisdictions. The commissioner may share information, including otherwise confidential information, with the National Association of Insurance Commissioners, the federal government, insurance regulatory agencies of foreign countries, or insurance departments of other states, territories, and commonwealths so long as the statutes or regulations of the other jurisdictions permit them to maintain the same level of confidentiality as required under Hawaii law. (f) The commissioner shall: (1) Treat and maintain an applicant's fingerprints and any criminal history record information obtained under this code as confidential; (2) Apply security measures consistent with the Federal Bureau of Investigation Criminal Justice Information Services Division's standards for the electronic storage of fingerprints and necessary identifying information; and (3) Limit the use of the records solely to purposes authorized by law. Fingerprints and criminal history record information shall not be subject to subpoena, other than subpoenas issued in criminal actions or investigations, and shall be confidential by law and privileged and not subject to discovery or admissible in evidence in any private civil action. (g) The commissioner shall not disclose any information that is exempt from disclosure by federal or Hawaii statutes. (h) The commissioner may disclose records, including but not limited to supplemental compensation exhibits, submitted to the commissioner that describe the name, title, or compensation of the directors, trustees, officers, or employees of: (1) Insurers under chapter 431; (2) Mutual benefit societies under article 1 of chapter 432; (3) Health maintenance organizations under chapter 432D; or (4) Dental insurers under chapter 432G. The disclosure of records pursuant to this subsection shall not constitute a clearly unwarranted invasion of personal privacy under section 92F-13." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. |
|---|
| 47 | + | SECTION 1. Chapter 432, Hawaii Revised Statutes, is amended by adding a new section to article 1, part IV, to be appropriately designated and to read as follows: "§432:1- Not for profit mutual benefit societies; compilation of information; disclosure required. (a) Upon receipt of a statement required by section 432:1-404(a) from a society that is not for profit, the commissioner shall prepare and maintain, for the purpose of making the information available to the general public, a compilation of each society's annual compensation provided to each executive officer and each member of the board of directors for the preceding calendar year and a description of each position. (b) Notwithstanding any other law to the contrary, the commissioner or department of commerce and consumer affairs shall make the compilation prepared pursuant to subsection (a) available for public inspection and duplication pursuant to section 92F-12(a)(15)." SECTION 2. Section 432:1-404, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Each society shall file with the commissioner annually, on or before March 1 in each year, a statement under oath, and in such form and detail as the commissioner shall prescribe; provided that a statement filed by a society that is not for profit shall include the annual compensation provided to each executive officer and each member of the board of directors for the preceding calendar year and a description of each position; provided further that any association or society organized and operating as a nonprofit medical indemnity or hospital service association shall file a report with the commissioner covering the preceding calendar year and verified by at least two principal officers. Each mutual benefit society shall file quarterly with the commissioner, on or before the forty-fifth day after each quarter, a copy of its quarterly report verified by at least two principal officers. The report shall comply with sections 431:3-301 and 431:3-302. The commissioner may prescribe the forms on which the report is to be filed. In addition, any association or society organized and operating as a nonprofit medical indemnity or hospital service association annually shall file with the commissioner the following by the dates specified: (1) An audit, by an independent certified public accountant or an accounting firm designated by the association or society, of the financial statements, reporting the financial condition and results of operations of the association or society on or before June 1, or a later date as the commissioner upon request or for cause may specify. The association or society, on an annual basis and [prior to] before the commencement of the audit, shall notify the commissioner in writing of the name and address of the person or firm retained to conduct the annual audit. The commissioner may disapprove the association's or society's designation within fifteen days of receipt of the association's or society's notice, and the association or society shall be required to designate another independent certified public accountant or accounting firm. The audit required by this paragraph shall be prepared in accordance with the National Association of Insurance Commissioners' accounting practices and procedures manual and rules adopted by the commissioner following the practices and procedures prescribed by the National Association of Insurance Commissioners; and (2) A description of the available grievance procedures, the total number of grievances handled through those procedures, a compilation of the causes underlying those grievances, and a summary of the final disposition of those grievances on or before March 1." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
|---|