Or. Admin. Code § 410-141-5080 - FINANCIAL SOLVENCY REGULATION: Transparency
(1) Pursuant to ORS
414.018 and
414.593(2),
interactions between the Authority and CCOs shall be done in a transparent and
public manner.
(2) The Authority
shall publicly disclose all information pertaining to CCOs required by ORS
414.593(3) that
is not deemed confidential in this subsection. Such confidential documents
include:
(a) Certain documents pertaining to
a CCO's financial condition, as described in these rules.
(b) Financial analysis solvency tools and
analytical reports developed by the NAIC, and comparable reports developed or
used by DCBS or the Authority.
(c)
Any work papers, recorded information, documents and copies thereof that are
produced or obtained by or disclosed to the Authority or DCBS, or any other
person in the course of an examination or in the course of analysis by the
Authority or DCBS of the financial condition or market conduct of an CCO, if
the CCO specifically designates the confidential portions and cites an
exemption from public disclosure under the Oregon Public Records Law, ORS
192.311 to
192.478. The Authority may, in
its sole discretion, determine that the exemption cited by the CCO does not
apply or disclosure is necessary to protect the public interest, in accordance
with Oregon Public Records Law.
(3) The Authority may use a confidential
document, material or other information in administering these rules and in any
regulatory or legal action brought as a part of the Authority's duties. In
order to assist in the performance of the Authority's duties, the Authority
may:
(a) Authorize sharing a confidential
document, material or other information as appropriate among the administrative
divisions and staff offices of the Authority or DCBS for the purpose of
administering and enforcing the statutes within the authority of the Authority,
in order to enable the administrative divisions and staff offices to carry out
their functions and responsibilities;
(b) Share a document, material or other
information, including a confidential document, material or other information
that is subject to this rule or that is otherwise exempt from disclosure under
ORS 192.311 to
192.478, in response to a
request from the NAIC or a state, federal, foreign, or international law
enforcement agency.
(4)
Upon notice or with an understanding that the document, material or other
information is confidential or privileged under the laws of the jurisdiction
that is the source of the document, material or other information, the
Authority shall maintain the confidentiality of documents, materials or other
information received from state, federal, foreign and international regulatory
and law enforcement agencies and from the NAIC.
(5) The Authority's use, sharing, and
disclosure of a document, material or other information does not waive an
applicable privilege or claim of confidentiality in the document, material or
other information.
(6) The
Authority may release a final, adjudicated action, including the termination of
a CCO Contract, if the action is otherwise open to public inspection, to a
database or other clearinghouse service maintained by the NAIC or affiliates or
subsidiaries of the NAIC.
(7) All
information, documents and copies thereof obtained by or disclosed to the
Authority, DCBS or any other person in the course of an examination or
investigation made or conducted under these rules shall be subject to the
provisions of OAR 410-141-5305.
(8) ORS
414.593 requires the Authority
to make readily available to the public on an easily accessible website, and to
annually report to the Legislative Assembly, certain information regarding each
CCO contracting with the Authority. Nothing in this rule shall be construed as
making confidential any information described in the previous
sentence.
(9) Nothing in this rule
shall be construed as waiving the Confidentiality requirements of OAR
410-141-5278.
Notes
Statutory/Other Authority: ORS 413.042, 414.572, 414.591 & 414.605
Statutes/Other Implemented: ORS 414.570-414.686 & 415.001-415.430
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