71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SB 267
 
LC 598/SB 267-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 267
 
            By COMMITTEE ON HEALTH AND HUMAN SERVICES
 
                             March 6
 
  On page 1 of the printed bill, line 3, after '731.566, ' insert
'731.752, 731.754,'.
  On page 15, after line 35, insert:
  '  { +  SECTION 19. + } ORS 731.752 is amended to read:
  ' 731.752. (1) A report filed with the Director of the
Department of Consumer and Business Services according to
requirements established by rule for the purpose of determining
the amount of capital or surplus, or any combination thereof,
that should be possessed and maintained by an insurer under ORS
731.554  { +  or by a health care service contractor under ORS
750.045 + }, or under the laws of another state establishing
similar requirements, shall be confidential and shall not be
disclosed except as considered necessary by the director in
administration of the Insurance Code.
  ' (2) A financial plan of action stating corrective actions to
be taken by an insurer  { + or health care service contractor + }
in response to a determination of inadequate capital or surplus,
or any combination thereof, that is filed by the insurer  { + or
health care service contractor + } with the director according to
requirements established by rule shall be confidential and shall
not be disclosed except as considered necessary by the director
in administration of the Insurance Code.
  ' (3) The results or report of any examination or analysis of
an insurer  { + or health care service contractor + } performed
by the director in connection with a financial plan described in
subsection (2) of this section and any corrective order issued by
the director pursuant to such an examination or analysis shall be
confidential and shall not be disclosed except as considered
necessary by the director in administration of the Insurance
Code.
  ' (4) Documents described in subsections (1) to (3) of this
section are not subject to subpoena and shall not be used in any
action or proceeding except to the extent considered necessary by
the director in the administration of the Insurance Code.
  ' (5) Information contained in documents described in
subsections (1) to (3) of this section that is also contained in
financial statements of insurers  { + or health care service
contractors + } filed under ORS 731.574 or in final examination
reports filed under ORS 731.312 is not confidential under this
section.
  '  { +  SECTION 20. + } ORS 731.754 is amended to read:
  ' 731.754. (1) The Director of the Department of Consumer and
Business Services may use the following only for the purpose of
monitoring the solvency of insurers  { + and health care service
contractors + } and the need for possible corrective action with
respect to insurers  { + and health care service contractors + }:
  ' (a) Reports and financial plans of action that are made
confidential under ORS 731.752; and
  ' (b) Instructions adopted and amended by the National
Association of Insurance Commissioners for use by insurers
 { + and health care service contractors + } in preparing reports
and financial plans of action referred to in paragraph (a) of
this subsection.
  ' (2) The director may not use reports, financial plans of
action and instructions referred to in subsection (1) of this
section for ratemaking, for reviewing rate filings or in a rate
proceeding related thereto, or to calculate or derive any
elements of an appropriate premium level or rate of return for
any line of insurance that an insurer { + , a health care service
contractor + } or an affiliate is authorized to transact. Such
reports and financial plans of action also shall not be
introduced as evidence in a rate proceeding.
  ' (3) This section does not restrict the authority of the
director to use information included in reports, financial plans
or instructions referred to in subsection (1) of this section
that is available from other sources.'.
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