2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 521F - RISK=BASED CAPITAL REQUIREMENTS FOR HEALTH ORGANIZATIONS
521F.9 - CONFIDENTIALITY -- USE OF REPORTS AND INFORMATION -- PROHIBITION ON ANNOUNCEMENTS -- PROHIBITION ON USE IN RATEMAKING.

        521F.9  CONFIDENTIALITY -- USE OF REPORTS AND
      INFORMATION -- PROHIBITION ON ANNOUNCEMENTS -- PROHIBITION ON USE IN
      RATEMAKING.
         1.  A risk-based capital report, to the extent the information in
      the report is not required to be set forth in a publicly available
      annual statement schedule, a risk-based capital plan, including the
      results or report of any examination or analysis of a health
      organization performed pursuant to this chapter, and any corrective
      order issued by the commissioner pursuant to an examination or
      analysis, which are filed with the commissioner, are deemed not to be
      public records under chapter 22 and are privileged and confidential.
      This information shall not be made public and is not subject to
      subpoena, other than by the commissioner, and then only for the
      purpose of enforcement actions taken by the commissioner pursuant to
      this chapter or any other provision of the insurance laws of this
      state.
         2.  The comparison of a health organization's total adjusted
      capital to any of its risk-based capital levels is a regulatory tool
      which may indicate the need for possible corrective action with
      respect to the health organization, and is not to be used as a means
      to rank health organizations generally.
         3.  Except as otherwise required under this chapter, the
      publication or dissemination in any manner of an announcement or
      statement which contains an assertion, representation, or statement
      with regard to the risk-based capital levels of a health
      organization, or of a component derived in the calculation, by a
      health organization, agent, broker, or other person engaged in any
      manner in the business of insurance, is prohibited.  However, if a
      materially false statement comparing a health organization's total
      adjusted capital to its risk-based capital levels or a misleading
      comparison of any other amount to the health organization's
      risk-based capital levels is published or disseminated in any manner
      and if the health organization is able to demonstrate to the
      commissioner with substantial proof that the statement is false,
      misleading, or inappropriate, as the case may be, the health
      organization may publish an announcement in a written publication for
      the sole purpose of rebutting the materially false, misleading, or
      inappropriate statement.
         4.  The risk-based capital instructions, risk-based capital
      reports, adjusted risk-based capital reports, risk-based capital
      plans, and revised risk-based capital plans shall be solely used by
      the commissioner in monitoring the solvency of health organizations
      and the need for possible corrective action with respect to health
      organizations.  The risk-based capital instructions, risk-based
      capital reports, adjusted risk-based capital reports, risk-based
      capital plans, and revised risk-based capital plans shall not be used
      by the commissioner for ratemaking and shall not be considered or
      introduced as evidence in any rate proceeding or used by the
      commissioner to calculate or derive any elements of an appropriate
      premium level or rate of return for any line of insurance which a
      health organization or any affiliate is authorized to write.  

         2000 Acts, ch 1050, §9
         Referred to in § 521F.4