44-902. Act; applicability.
(1) The Privacy of Insurance Consumer Information Act governs the treatment of nonpublic personal health information and nonpublic personal financial information about individuals by all licensees of the Department of Insurance. The act:
(a) Requires a licensee to provide notice to individuals about its privacy policies and practices;
(b) Describes the conditions under which a licensee may disclose nonpublic personal health information and nonpublic personal financial information about individuals to affiliates and nonaffiliated third parties; and
(c) Provides methods for individuals to prevent a licensee from disclosing that information.
(2) The act applies to:
(a) Nonpublic personal financial information about individuals who obtain or are claimants or beneficiaries of products or services primarily for personal, family, or household purposes from licensees. The act does not apply to information about companies or about individuals who obtain products or services for business, commercial, or agricultural purposes; and
(b) All nonpublic personal health information.
(3) A licensee domiciled in this state that is in compliance with the act in a state that has not enacted laws or regulations that meet the requirements of Title V of the Gramm-Leach-Bliley Act, as the federal law existed on April 5, 2001, may nonetheless be deemed to be in compliance with Title V of the Gramm-Leach-Bliley Act, as such federal law existed on April 5, 2001, in such other state.
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