(1) Each viatical settlement provider shall file with the commissioner by March 1 of each year an annual statement containing such information as the commissioner prescribes by rule. This information is limited to only those transactions in which the viator is a resident of this state and does not include individual transaction data regarding the business of viatical settlements or data that compromises the privacy of personal, financial, or health information of the viator or insured.
(2) Except as otherwise allowed or required by law, a viatical settlement provider, life insurance producer, information bureau, rating agency or company, or other person with actual knowledge of a viator or insured's identity may not disclose that identity as a viator or insured or the viator's or insured's financial or medical information to another person unless the disclosure is:
(a) (I) Necessary to effect a viatical settlement contract between the viator and a viatical settlement provider; and
(II) The viator or insured or both, as may be required, have provided prior written consent to the disclosure;
Provided in response to an investigation or examination by the commissioner or another governmental officer or agency or pursuant to this article;
A term of or condition to the transfer of a policy by one viatical settlement providerto another viatical settlement provider;
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;
Necessary to allow the viatical settlement provider or its authorized representative tomake contacts for the purpose of determining health status; or (f) Required to purchase stop-loss coverage.
Source: L. 2005: Entire part added, p. 1301, § 1, effective January 1, 2006.