DAR File No. 28847

Insurance, Administration

R590-206

Privacy of Consumer Financial and Health Information

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28847
Filed: 06/27/2006, 12:47
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsections 31A-2-201(2) and (3)(a) state the commissioner is empowered to administer and enforce Title 31A to perform duties imposed by the Title and to make administrative rules to implement it. Title V, Section 505 (15 U.S.C. 6805) empowers the commissioner to enforce 15 U.S.C. 6801 through 6820. Section 6805(b)(2) authorizes the commissioner to issue rules to implement the requirements of Title V, Section 501(b) of the federal act. The commissioner is also authorized under Subsection 31A-23-317(3) to adopt rules implementing the requirements of Title V, Section 501(b) of the federal code. This deals with the adoption of federal regulations governing the treatment of nonpublic personal health and financial information by its licensees and ensures that they are in compliance with the federal law.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The department has not received any written comment regarding this rule in the past five years, even during the period changes were made to the rule during the first part of 2002.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule complements the privacy requirements of the federal Health Insurance Portability and Accountability Act, Pub. L. No. 104-191, 110 Stat. 1962, and provides significant protections to insurance consumers. It protects privacy of personal information that is gathered by insurance companies, agents, and other producers of insurance products during the course marketing, selling or placing insurance. If the rule is not reauthorized, those protections will be adversely affected. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov

Authorized by:

Jilene Whitby, Information Specialist

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.