C.R.S. Section 10-1-309
Confidentiality requirements


(1)

Intentionally left blank —Ed.

(a)

Market conduct surveillance personnel have free and full access to the following documents of and persons associated with the company during regular business hours:

(I)

Books;

(II)

Records, including any self-evaluation or voluntary compliance program documents;

(III)

Employees;

(IV)

Officers; and

(V)

Directors.

(b)

Upon request of market conduct surveillance personnel, a company utilizing a third-party model or product for any of the activities being reviewed shall make the details of the models or products available to the personnel.

(c)

Intentionally left blank —Ed.

(I)

The commissioner and any other person in the course of market conduct surveillance shall keep confidential all documents, including working papers, third-party models or products, complaint logs, and copies of any documents created, produced, obtained by, or disclosed to the commissioner, market conduct surveillance personnel, or any other person in the course of market conduct surveillance conducted pursuant to this part 3, and all documents obtained by the NAIC as a result of this part 3. The documents remain confidential beyond the termination of the market conduct surveillance, are not subject to subpoena, and must not be made public at any time or used by the commissioner or any other person, except as provided in subsections (2), (3), and (5) of this section and section 10-1-312.

(II)

The commissioner, the division, and any other person in the course of market conduct surveillance shall keep confidential any self-evaluation or voluntary compliance program documents disclosed to the commissioner or other person by a company and the data collected via the NAIC market conduct annual statement. The documents are not subject to subpoena and shall not be made public or used by the commissioner or any other person, except as provided in subsections (2), (3), and (5) of this section and section 10-1-312.

(2)

Notwithstanding subsection (1) of this section, and consistent with subsection (3) of this section, in order to assist in the performance of the commissioner’s duties, the commissioner may:

(a)

Share documents, materials, communications, or other information, including the confidential and privileged documents, materials, or information specified in subsection (1) of this section, with other state, federal, and international regulatory agencies and law enforcement authorities and the NAIC, its affiliates, and subsidiaries, if the recipient agrees to and has the legal authority to maintain the confidentiality and privileged status of the document, material, communication, or other information;

(b)

Receive documents, materials, communications, or information, including otherwise confidential and privileged documents, materials, or information, from the NAIC and its affiliates or subsidiaries, and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, communication, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, communication, or information; and

(c)

Enter into agreements governing the sharing and use of information consistent with this section.

(3)

Nothing in this part 3 limits:

(a)

The commissioner’s authority to use, if consistent with section 10-3-414, any final or preliminary examination report, any market conduct surveillance or company work papers or other documents, or any other information discovered or developed during the course of any market conduct surveillance, in the furtherance of any legal or regulatory action initiated by the commissioner that the commissioner may, in the commissioner’s sole discretion, deem appropriate; or

(b)

The ability of a company to conduct discovery in accordance with section 10-1-305 (6)(c)(III).

(4)

Disclosure to the commissioner of documents, materials, communications, or information required as part of any type of market conduct surveillance does not waive any applicable privilege or claim of confidentiality in the documents, materials, communications, or information.

(5)

Notwithstanding the confidentiality requirements in subsection (1)(c) of this section, when the commissioner performs any type of market conduct surveillance that does not rise to the level of a market conduct examination, the commissioner may make the final results of the market conduct surveillance, in an aggregated format, available for public inspection in a manner deemed appropriate by the commissioner.

Source: Section 10-1-309 — Confidentiality requirements, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-10.­pdf (accessed Oct. 20, 2023).

10‑1‑101
Legislative declaration
10‑1‑102
Definitions
10‑1‑103
Division of insurance - division of insurance cash fund created - division subject to repeal - repeal of functions
10‑1‑104
Commissioner of insurance - other employees
10‑1‑105
Actuary
10‑1‑106
Oath required of insurance commissioner and actuary
10‑1‑107
Personal fees prohibited
10‑1‑108
Duties of commissioner - reports - publications - fees - disposition of funds - adoption of rules - examinations and investigations
10‑1‑109
Rules of commissioner
10‑1‑110
Grounds and procedure for suspension or revocation of certificate or license of entities
10‑1‑111
Invoking aid of courts
10‑1‑112
Policy conditions required by other states
10‑1‑113
No seal required on policies
10‑1‑114
Sale of premium notes prohibited
10‑1‑115
Penalty
10‑1‑116
Defamation of other companies - penalty
10‑1‑117
Company unauthorized in other states
10‑1‑118
Foreign companies - unsatisfied judgments - suspension
10‑1‑119
Insurance vending machines prohibited
10‑1‑120
Reporting of medical malpractice claims
10‑1‑120.5
Reporting of malpractice claims against nurses
10‑1‑121
Reporting of malpractice claims against physical therapists
10‑1‑122
Reporting of malpractice claims against architects
10‑1‑123
Reporting of claims against plumbers
10‑1‑124
Reporting of podiatric malpractice claims
10‑1‑125
Reporting of malpractice claims against optometrists
10‑1‑125.3
Reporting of malpractice claims against pharmacists and pharmacies
10‑1‑125.5
Reporting of malpractice claims against naturopathic doctors
10‑1‑125.7
Reporting of malpractice claims against audiologists
10‑1‑126
Training program for persons working with the aging
10‑1‑127
Discretionary use of administrative law judges
10‑1‑128
Fraudulent insurance acts - immunity for furnishing information relating to suspected insurance fraud - legislative declaration
10‑1‑129
Fraudulent insurance acts - enforcement
10‑1‑130
Availability of sickness, health, and accident insurance
10‑1‑131
Duties to third parties - rules
10‑1‑132
Oversight of the general assembly
10‑1‑133
Consumer insurance council - creation - advisory body - appointment of members - meetings - repeal
10‑1‑134
Office of insurance ombudsman - plan - report to joint budget committee
10‑1‑135
Reimbursement for benefits - limitations - notice - definitions - legislative declaration
10‑1‑136
Insurance policies - language other than English - definitions
10‑1‑137
Electronic delivery of documents - when permitted - definitions - consent - construction with other laws
10‑1‑138
Internet posting of standard insurance provisions - conditions - notice of revisions
10‑1‑139
Confidentiality
10‑1‑140
Subpoena authority
10‑1‑141
Investigations - rules
10‑1‑142
Prohibition on denial of coverage or increase in premiums of insurance for living organ donors - commissioner to enforce - short title - definitions
10‑1‑144
Cost to reconstruct a home - annual report - homeowner’s insurance affordability study - rules
10‑1‑201
Legislative declaration
10‑1‑202
Definitions
10‑1‑203
Authority, scope, and scheduling of examinations
10‑1‑204
Conduct of examinations - conferences - penalty
10‑1‑205
Financial examination reports
10‑1‑206
Conflict of interest
10‑1‑207
Immunity from liability - prohibited activity
10‑1‑217
Coordination with other states through NAIC
10‑1‑218
Additional duties of commissioner
10‑1‑301
Legislative declaration
10‑1‑302
Definitions
10‑1‑303
Market analysis - market conduct surveillance
10‑1‑304
Authority and scope of market conduct surveillance - rules - penalty
10‑1‑305
Market conduct examinations
10‑1‑306
Market conduct surveillance personnel
10‑1‑307
Immunity from liability - prohibited activity
10‑1‑308
Rules
10‑1‑309
Confidentiality requirements
10‑1‑310
Fines and penalties
10‑1‑311
Participation in national market conduct databases
10‑1‑312
Coordination with other states through NAIC
Green check means up to date. Up to date

Current through Fall 2024

§ 10-1-309’s source at colorado​.gov