2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 505 - INSURANCE DIVISION
505.8 - GENERAL POWERS AND DUTIES.

        505.8  GENERAL POWERS AND DUTIES.
         1.  The commissioner of insurance shall be the head of the
      division, and shall have general control, supervision, and direction
      over all insurance business transacted in the state, and shall
      enforce all the laws of the state relating to such insurance.
         2.  The commissioner shall, subject to chapter 17A, establish,
      publish, and enforce rules not inconsistent with law for the
      enforcement of this subtitle and for the enforcement of the laws, the
      administration and supervision of which are imposed on the division,
      including rules to establish fees sufficient to administer the laws,
      where appropriate fees are not otherwise provided for in rule or
      statute.
         3.  The commissioner shall supervise all transactions relating to
      the organization, reorganization, liquidation, and dissolution of
      domestic insurance corporations, and all transactions leading up to
      the organization of such corporations.
         4.  The commissioner shall also supervise the sale in the state of
      all stock, certificates, or other evidences of interest, either by
      domestic or foreign insurance companies or organizations proposing to
      engage in any insurance business.
         5.  The commissioner shall supervise all health insurance
      purchasing cooperatives providing services or operating within the
      state and the organization of domestic cooperatives.  The
      commissioner may admit nondomestic health insurance purchasing
      cooperatives under the same standards as domestic cooperatives.
         6.  The commissioner shall provide assistance to the public and to
      consumers of insurance products and services in this state.
         a.  The commissioner shall accept inquiries and complaints
      from the public regarding the business of insurance.  The
      commissioner or the commissioner's designee may respond to inquiries
      and complaints, and may examine or investigate such inquiries and
      complaints to determine whether laws in this subtitle and rules
      adopted pursuant to such laws have been violated.
         b.  The commissioner shall establish a bureau, to be known as
      the "consumer advocate bureau", which shall be responsible for
      ensuring fair treatment of consumers and for preventing unfair or
      deceptive trade practices in the marketplace and by persons under the
      jurisdiction of the commissioner.
         (1)  The commissioner, with the advice of the governor, shall
      appoint a consumer advocate who shall be knowledgeable in the area of
      insurance and particularly in the area of consumer protection.  The
      consumer advocate shall be the chief administrator of the consumer
      advocate bureau.
         (2)  The consumer advocate bureau may receive and may investigate
      consumer complaints and inquiries from the public, and may conduct
      investigations to determine whether any person has violated any
      provision of the insurance code, including chapters 507B and 522B,
      and any provisions related to the establishment of insurance rates.
         (3)  The consumer advocate bureau shall perform other functions as
      may be assigned to it by the commissioner related to consumer
      advocacy.
         (4)  The consumer advocate bureau shall work in conjunction with
      other areas of the insurance division on matters of mutual interest.
      The insurance division shall cooperate with the consumer advocate in
      fulfilling the duties of the consumer advocate bureau.  The consumer
      advocate may also seek assistance from other federal or state
      agencies or private entities for the purpose of assisting consumers.

         (5)  When necessary or appropriate to protect the public interest
      or consumers, the consumer advocate may request that the commissioner
      conduct rate filing reviews as provided in section 505.15 or
      administrative hearings as provided in section 505.29.
         (6)  The commissioner, in cooperation with the consumer advocate,
      shall prepare and deliver a report to the general assembly by January
      15 of each year that contains findings and recommendations regarding
      the activities of the consumer advocate bureau including but not
      limited to all of the following:
         (a)  An overview of the functions of the bureau.
         (b)  The structure of the bureau including the number and type of
      staff positions.
         (c)  Statistics showing the number of complaints handled by the
      bureau, the nature of the complaints including the line of business
      involved and their disposition, and the disposition of similar issues
      in other states.
         (d)  Actions commenced by the consumer advocate.
         (e)  Studies performed by the consumer advocate.
         (f)  Educational and outreach efforts of the consumer advocate
      bureau.
         (g)  Recommendations from the commissioner and the consumer
      advocate about additional consumer protection functions that would be
      appropriate and useful for the bureau or the insurance division to
      fulfill based on observations and analysis of trends in complaints
      and information derived from national or other sources.
         (h)  Recommendations from the commissioner and the consumer
      advocate about any needs for additional funding, staffing,
      legislation, or administrative rules.
         c.  When necessary or appropriate to protect the public
      interest or consumers, the commissioner may conduct, or the
      commissioner's designee may request that the commissioner conduct,
      administrative hearings as provided in this subtitle.
         d.  The commissioner may adopt rules for the administration of
      this subsection.
         7.  The commissioner shall have regulatory authority over health
      benefit plans and adopt rules under chapter 17A as necessary, to
      promote the uniformity, cost efficiency, transparency, and fairness
      of such plans for physicians and osteopathic physicians licensed
      under chapter 148 and hospitals licensed under chapter 135B, for the
      purpose of maximizing administrative efficiencies and minimizing
      administrative costs of health care providers and health insurers.
         8. a.  Notwithstanding chapter 22, the commissioner shall keep
      confidential the information submitted to the insurance division or
      obtained by the insurance division in the course of an investigation
      or inquiry pursuant to subsection 6, including all notes, work
      papers, or other documents related to the investigation.  Information
      obtained by the commissioner in the course of investigating a
      complaint or inquiry may, in the discretion of the commissioner, be
      provided to the insurance company or insurance producer that is the
      subject of the complaint or inquiry, to the consumer who filed the
      complaint or inquiry, and to the individual insured who is the
      subject of the complaint or inquiry, without waiving the
      confidentiality afforded to the commissioner or to other persons by
      this subsection.  The commissioner may disclose or release
      information that is otherwise confidential under this subsection, in
      the course of an administrative or judicial proceeding.
         b.  Notwithstanding chapter 22, the commissioner shall keep
      confidential both information obtained by or submitted to the
      insurance division pursuant to chapters 514J and 515D.
         c.  The commissioner shall adopt rules protecting the privacy
      of information held by an insurer or an agent consistent with the
      federal Gramm-Leach-Bliley Act, Pub. L. No. 106-102.
         d.  Notwithstanding paragraphs "a", "b", and "c",
      if the commissioner determines that it is necessary or appropriate in
      the public interest or for the protection of the public, the
      commissioner may share information with other regulatory authorities
      or governmental agencies or may publish information concerning a
      violation of this chapter or a rule or order under this chapter.
      Such information may be redacted so that personally identifiable
      information is not made available.
         e.  The commissioner may adopt rules protecting the privacy of
      information submitted to the insurance division consistent with this
      section.
         9.  Notwithstanding chapter 22, the commissioner may keep
      confidential any social security number, residence address, and
      residence telephone number that is contained in a record filed as
      part of a licensing, registration, or filing process if disclosure is
      not required in the performance of any duty or is not otherwise
      required under law.
         10.  The commissioner may, after a hearing conducted pursuant to
      chapter 17A, assess fines or penalties, order restitution, or take
      other corrective action as the commissioner deems necessary and
      appropriate to accomplish compliance with the laws of the state
      relating to all insurance business transacted in the state.
         11.  The commissioner may do any of the following:
         a.  Conduct public or private investigations within or outside
      of this state which the commissioner deems necessary or appropriate
      to determine whether a person has violated, is violating, or is about
      to violate a provision of any chapter of this subtitle or a rule
      adopted or order issued under any chapter of this subtitle, or to aid
      in the enforcement of any chapter of this subtitle or in the adoption
      of rules and forms under any chapter of this subtitle.
         b.  Require or permit a person to testify, file a statement,
      or produce a record under oath or otherwise as the commissioner
      determines, concerning facts and circumstances relating to a matter
      being investigated or about which an action or proceeding will be
      instituted.
         c.  Notwithstanding subsection 8, publish a record concerning
      an action, proceeding, or investigation under, or a violation of, any
      chapter of this subtitle or a rule adopted or order issued under any
      chapter of this subtitle, if the commissioner determines that such
      publication is in the public interest and is necessary and
      appropriate for the protection of the public.
         12.  For the purpose of an investigation made under any chapter of
      this subtitle, the commissioner or the commissioner's designee may
      administer oaths and affirmations, subpoena witnesses, seek
      compulsory attendance, take evidence, require the filing of
      statements, and require the production of any records that the
      commissioner considers relevant or material to the investigation,
      pursuant to rules adopted under chapter 17A.  The confidentiality
      provisions of subsection 8, shall apply to information and material
      obtained pursuant to this subsection.
         13.  If a person does not appear or refuses to testify, or does
      not file a statement or produce records, or otherwise does not obey a
      subpoena or order issued by the commissioner under any chapter of
      this subtitle, the commissioner may, in addition to assessing the
      penalties contained in sections 505.7A, 507B.6A, 507B.7, 522B.11, and
      522B.17, make application to a district court of this state or
      another state to enforce compliance with the subpoena or order.  A
      court to whom application is made to enforce compliance with a
      subpoena or order pursuant to this subtitle may do any of the
      following:
         a.  Hold the person in contempt.
         b.  Order the person to appear before the commissioner.
         c.  Order the person to testify about the matter under
      investigation.
         d.  Order the production of records.
         e.  Grant injunctive relief, including restricting or
      prohibiting the offer or sale of insurance or insurance advice.
         f.  Impose a civil penalty as set forth in section 505.7A.
         g.  Grant any other necessary or appropriate relief.
         14.  This section shall not be construed to prohibit a person from
      applying to a district court of this state or another state for
      relief from a subpoena or order issued by the commissioner under any
      chapter of this subtitle.
         15.  An individual shall not be relieved of an order to appear,
      testify, file a statement, produce a record or other evidence, or
      obey a subpoena or other order of the commissioner made under any
      chapter of this subtitle on the grounds that fulfillment of the
      requirement may, directly or indirectly, tend to incriminate the
      individual or subject the individual to a criminal fine, penalty, or
      forfeiture.  If an individual refuses to obey a subpoena or order by
      asserting that individual's privilege against self-incrimination, the
      commissioner may apply to the district court to compel the individual
      to obey the subpoena or order of the commissioner.  Testimony,
      records, or other evidence that is compelled by a court enforcing an
      order of the commissioner shall not be used, directly or indirectly,
      against that individual in a criminal case, except in a prosecution
      for perjury or contempt or for otherwise failing to comply with the
      order.
         16.  Upon request of the insurance regulator of another state or
      foreign jurisdiction, the commissioner may provide assistance in
      conducting an investigation to determine whether a person has
      violated, is violating, or is about to violate an insurance law or
      rule of the other state or foreign jurisdiction administered or
      enforced by that insurance regulator.  The commissioner may provide
      such assistance pursuant to the powers conferred under this section
      as the commissioner determines is necessary or appropriate under the
      circumstances.  Such assistance may be provided regardless of whether
      the conduct being investigated would constitute a violation of this
      subtitle or any other law of this state if the conduct occurred in
      this state.  In determining whether to provide such assistance the
      commissioner may consider whether the insurance regulator requesting
      the assistance is permitted to and has agreed to reciprocate in
      providing assistance to the commissioner upon request, whether
      compliance with the request would violate or prejudice the public
      policy of this state, and the availability of division commissioner
      resources and employees to provide such assistance.
         17.  The commissioner shall utilize the senior health insurance
      information program to assist in the dissemination of objective and
      noncommercial educational material and to raise awareness of prudent
      consumer choices in considering the purchase of various insurance
      products designed for the health care needs of older Iowans.  

         Section History: Early Form

         [S13, § 1683-r3; C24, 27, 31, 35, 39, § 8613; C46, 50, 54, §
      505.8; C58, 62, § 505.8, 522.3; C66, 71, 73, § 505.8, 515.150, 522.3;
      C75, 77, 79, 81, § 505.8] 

         Section History: Recent Form

         83 Acts, ch 27, § 10; 88 Acts, ch 1159, § 2; 90 Acts, ch 1234, §
      2; 94 Acts, ch 1176, §3; 97 Acts, ch 23, §61; 98 Acts, ch 1119, § 3;
      99 Acts, ch 114, §41; 2000 Acts, ch 1023, §4, 5; 2002 Acts, ch 1111,
      §6; 2003 Acts, ch 91, §2; 2007 Acts, ch 137, §6; 2007 Acts, ch 215,
      §117; 2008 Acts, ch 1123, §7--9; 2008 Acts, ch 1175, §1; 2008 Acts,
      ch 1188, §21; 2009 Acts, ch 133, §168; 2009 Acts, ch 145, §3
         Referred to in § 508E.10, 514G.110, 514J.7, 515D.10
         See also §523A.801 and 523I.201