Recordkeeping requirements

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  1. (a)

    1. (1) A provider shall keep accurate accounts, books, and records concerning transactions regulated under this chapter.

    2. (2) A provider's accounts, books, and records shall include:

      1. (A) A copy of each type of service contract issued;

      2. (B) The name and address of each service contract holder to the extent that the name and address have been furnished by the service contract holder;

      3. (C) A list of the provider locations where service contracts are marketed, sold, or offered for sale; and

      4. (D) Claims files containing at a minimum the dates, amounts, and description of all receipts, claims, and expenditures related to the service contracts.

    3. (3) Except as provided in subsection (b) of this section, a provider shall retain all records pertaining to each service contract holder for at least three (3) years after the specified period of coverage has expired.

    4. (4)

      1. (A) A provider may keep all records required under this chapter on a computer disk or other similar technology.

      2. (B) If a provider maintains records in other than hard copy, records shall be accessible from a computer terminal available to the Insurance Commissioner and be capable of duplication to legible hard copy.

  2. (b) A provider discontinuing business in this state shall maintain its records until it furnishes the commissioner satisfactory proof that it has discharged all obligations to service contract holders in this state.

  3. (c) A provider shall make all accounts, books, and records concerning transactions regulated under this chapter or other pertinent laws available to the commissioner upon request.

  4. (d) The books and records requirement of this section may be delegated by the provider to its administrator or other designee, but such delegation shall not relieve the provider of its obligations to have the books and records maintained and produced upon the commissioner's request.


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