language to be deleted (2) new language
Laws of Minnesota 1990 CHAPTER 467-H.F.No. 2204 An act relating to insurance; clarifying an insurer's duty to provide loss or claims experience data to an insured; amending Minnesota Statutes 1989 Supplement, sections 72A.20, subdivision 26; 72A.501, subdivision 1; and 72A.502, subdivision 9, and by adding a subdivision. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1989 Supplement, section 72A.20, subdivision 26, is amended to read: Subd. 26. [LOSS EXPERIENCE.] An insurer shall without cost to the insured provide an insured with the loss or claims experience of that insured for the current policy period and for the two policy periods preceding the current one for which the insurer has provided coverage, within 30 days of a request for the information by the policyholder. Claims experience data must be provided to the insured in accordance with state and federal requirements regarding the confidentiality of medical data. The insurer shall not be responsible for providing information without cost more often than once in a 12-month period. The insurer is not required to provide the information if the policy covers the employee of more than one employer and the information is not maintained separately for each employer and not all employers request the data. An insurer, health maintenance organization, or a third-party administrator may not request more than three years of loss or claims experience as a condition of submitting an application or providing coverage. This subdivision does not apply to individual life and health insurance policies or personal automobile or homeowner's insurance policies. Sec. 2. Minnesota Statutes 1989 Supplement, section 72A.501, subdivision 1, is amended to read: Subdivision 1. [REQUIREMENT; CONTENT.] An authorization used by an insurer, insurance-support organization, or insurance agent to disclose or collect personal or privileged information must be in writing and must meet the following requirements: (1) is written in plain language; (2) is dated; (3) specifies the types of persons authorized to disclose information about the person; (4) specifies the nature of the information authorized to be disclosed; (5) names the insurer or insurance agent and identifies by generic reference representatives of the insurer to whom the person is authorizing information to be disclosed; (6) specifies the purposes for which the information is collected; and (7) specifies the length of time the authorization remains valid. Sec. 3. Minnesota Statutes 1989 Supplement, section 72A.502, subdivision 9, is amended to read: Subd. 9. [GROUP POLICYHOLDER.] Personal or privileged information may be disclosed
withwithout written authorization to a group policyholder only to report claims experience or conduct an audit of the insurer's or agent's operations or services, if the information disclosed is reasonably necessary for the group policyholder to conduct the review or audit. Sec. 4. Minnesota Statutes 1989 Supplement, section 72A.502, is amended by adding a subdivision to read: Subd. 11a. [MERGER OR SALE.] Personal or privileged information may be disclosed to a party or representative of a party to a proposed or consummated sale, transfer, merger, or consolidation of all or part of the business of the insurer, agent, or insurance-support organization, without a written authorization provided: (1) prior to the consummation of the sale, transfer, merger, or consolidation, only such information is disclosed as is reasonably necessary to enable the recipient to make business decisions about the merger, transfer, purchase, or consolidation; and (2) the recipient agrees not to disclose the information unless the disclosure would otherwise be permitted by this section if made by an insurer, agent, or insurance-support organization. Presented to the governor April 19, 1990 Signed by the governor April 20, 1990, 10:30 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes