{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-6945","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-6945","heading":"Confidentiality of RBC reports and plans - Sharing and","body":"use of confidential information by Insurance Commissioner -\n\nPublication of RBC levels - Use of information in rate proceedings.\n\nA. All Risk-Based Capital (RBC) reports, to the extent the\n\ninformation is not required to be provided in a publicly available\n\nannual statement schedule, and RBC plans, including the work papers\n\nproduced, obtained by or disclosed to the Commissioner or any other\n\nperson in the course of any examination or analysis and the results\n\nor report of any examination or analysis of a health maintenance\n\norganization performed pursuant to this statute and any corrective\n\norder issued by the Commissioner pursuant to examination or\n\nanalysis, with respect to a domestic health maintenance organization\n\nor foreign health maintenance organization that are in the\n\npossession or control of the Insurance Commissioner shall, by law,\n\nbe confidential and privileged, shall not be subject to the\n\nprovisions of the Oklahoma Open Records Act or the Administrative\n\nProcedures Act, shall not be subject to subpoena, and shall not be\n\nsubject to discovery or admissible in evidence in any private civil\n\naction; provided, however, the Commissioner is authorized to use the\n\ndocuments, materials or other information in the furtherance of any\n\nregulatory or legal action brought as a part of the Commissioner’s\n\nofficial duties.\n\nB. Access to the documentation provided for in subsection A of\n\nthis section may be granted to the National Association of Insurance\n\nCommissioners. The parties shall agree in writing prior to\n\nreceiving information to provide to it the same confidential\n\ntreatment as required by this section, unless the prior written\n\nconsent of the company to which it pertains has been obtained.\n\nC. Neither the Commissioner nor any person who received\n\ndocuments, materials or other information while acting under the\n\nauthority of the Commissioner shall be permitted or required to\n\ntestify in any private civil action concerning any confidential\n\ndocuments, materials or information subject to the provisions of\n\nsubsection A of this section.\n\nD. In order to assist in the performance of the Commissioner’s\n\nduties, the Commissioner:\n\n1. May share documents, materials or other information,\n\nincluding the confidential and privileged documents, materials or\n\ninformation subject to the provisions of subsection A of this\n\nsection, with other state, federal and international regulatory\n\nagencies, with the NAIC and its affiliates and subsidiaries, and\n\nwith state, federal and international law enforcement authorities;\n\nprovided, that the recipient agrees to maintain the confidentiality\n\nand privileged status of the document, material or other\n\ninformation;\n\n2. May receive documents, materials or information, including\n\notherwise confidential and privileged documents, materials or\n\ninformation, from the NAIC and its affiliates and subsidiaries, and\n\nfrom regulatory and law enforcement officials of other foreign or\n\ndomestic jurisdictions, and shall maintain as confidential or\n\nprivileged any document, material or information received with\n\nnotice or the understanding that it is confidential or privileged\n\nunder the laws of the jurisdiction that is the source of the\n\ndocument, material or information; and\n\n3. May enter into agreements governing the sharing and use of\n\ninformation consistent with this subsection.\n\nE. No waiver of any applicable privilege or claim of\n\nconfidentiality in the documents, materials or information shall\n\noccur as a result of disclosure to the Commissioner under this\n\nsection or as a result of sharing as authorized in paragraph 3 of\n\nsubsection D of this section.\n\nF. Except as otherwise required under the provisions of this\n\nact, the making, publishing, disseminating, circulating or placing\n\nbefore the public, or causing, directly or indirectly to be made,\n\npublished, disseminated, circulated or placed before the public, in\nosure to the Commissioner under this\n\nsection or as a result of sharing as authorized in paragraph 3 of\n\nsubsection D of this section.\n\nF. Except as otherwise required under the provisions of this\n\nact, the making, publishing, disseminating, circulating or placing\n\nbefore the public, or causing, directly or indirectly to be made,\n\npublished, disseminated, circulated or placed before the public, in\n\na newspaper, magazine or other publication, or in the form of a\n\nnotice, circular, pamphlet, letter or poster, or over a radio or\n\ntelevision station, or in any other way, an advertisement,\n\nannouncement or statement containing an assertion, representation or\n\nstatement with regard to the RBC levels of any health maintenance\n\norganization, or of any component derived in the calculation, by any\n\nhealth maintenance organization, agent, broker or other person\n\nengaged in any manner in the insurance business would be misleading\n\nand is therefore prohibited. Provided, however, that if any\n\nmaterially false statement with respect to the comparison regarding\n\na health maintenance organization’s total adjusted capital to its\n\nRBC levels, or any of them, or an inappropriate comparison of any\n\nother amount to the health maintenance organization’s RBC levels is\n\npublished in any written publication and the health maintenance\n\norganization is able to demonstrate to the Commissioner with\n\nsubstantial proof the falsity or inappropriateness of the statement,\n\nthe health maintenance organization may publish an announcement in a\n\nwritten publication if the sole purpose of the announcement is to\n\nrebut the materially false statement.\n\nG. RBC instructions, RBC reports, adjusted RBC reports, RBC\n\nplans and revised RBC plans shall be used by the Commissioner solely\n\nin monitoring the solvency of health maintenance organizations and\n\nthe need for possible corrective action with respect to health\n\nmaintenance organizations. Such instructions, reports and plans\n\nshall not be used by the Commissioner for ratemaking, considered or\n\nintroduced as evidence in any rate proceeding, or used by the\n\nCommissioner to calculate or derive any elements of an appropriate\n\npremium level or rate of return for any line of insurance that a\n\nhealth maintenance organization or any affiliate is authorized to\n\nwrite.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"8e69435f1f609a0ba796a0f657ff773a35fc9cad57e33755604f2ffe7a2b567d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-6944","next":"us-ok/okla.-stat.-tit.-36-36-6946"},"notice":"GroundRules: Original legal text. Not legal advice."}