2006 Utah Code - 31A-36-106 — Reporting requirements and privacy.

     31A-36-106.   Reporting requirements and privacy.
     (1) Each licensee under this chapter shall file with the commissioner on or before March 1 of each year an annual statement containing such information as the commissioner prescribes under Section 31A-36-119, provided, however, that the information shall be limited to those transactions where the viator is a resident of Utah.
     (2) Except as otherwise allowed or required by law, the following may not disclose the identity, financial information, or medical information of an insured to any other person:
     (a) a provider of viatical settlements;
     (b) a producer of viatical settlements;
     (c) a producer of insurance;
     (d) an information bureau;
     (e) a rating agency or company; or
     (f) any other person knowing the identity of an insured.
     (3) Notwithstanding Subsection (2), a person may disclose the identity of an insured if the disclosure is:
     (a) necessary to effect a viatical settlement between the viator and a provider of viatical settlements and both the viator and the insured have given prior written consent to the disclosure;
     (b) furnished in response to an investigation or examination by the commissioner or another governmental officer or agency;
     (c) furnished pursuant to Section 31A-36-114;
     (d) a term of or condition to the transfer of a policy by one provider of viatical settlements to another provider;
     (e) necessary to permit a financing entity, related provider trust, or special purpose entity to finance the purchase of a policy by a provider of viatical settlements and the insured has given prior written consent to the disclosure;
     (f) necessary to allow the provider or producer of viatical settlements or their authorized representatives to make contacts to determine the health status of the viator; or
     (g) required to purchase stop-loss coverage.

Enacted by Chapter 81, 2003 General Session