836-080-0620 Notice of Personal Financial Information Practices (1) This rule governs the notice to be given by a licensee to an individual, in fulfillment of requirements of the federal Gramm-Leach-Bliley Act (P.L. 106-102), that informs the individual about the licensee’s treatment of personal financial information concerning the individual in the course of the ongoing financial relationship between the licensee and the individual, in connection with a health insurance policy. A licensee shall provide a clear and conspicuous notice of its personal financial information practices to individuals under the circumstances and at the times as follows: (a) Except as provided in this subsection, to a consumer who becomes a customer of the licensee, not later than the date that the licensee establishes a continuing relationship under which the licensee provides one or more health insurance products or services to the consumer that are to be used primarily for personal, family or household purposes. A licensee may provide the notice within a reasonable time after the date the licensee establishes a customer relationship if: (A) Establishing the customer relationship is not at the customer’s election; or (B) Providing notice not later than the date that the licensee establishes a customer relationship would substantially delay the customer’s transaction and the customer agrees to receive the notice at a later time. (b) To a consumer before any personal financial information about that individual is disclosed to a nonaffiliate of the licensee, if the disclosure is made other than as permitted under OAR 836-080-0665, 836-080-0670 or 836-080-0675. (2) A licensee shall provide a clear and conspicuous notice to a customer that accurately reflects the privacy policies and practices of the licensee not less than once in any period of 12 consecutive months during which the relationship described in section (1)(a) of this rule exists. A licensee may define the period of 12 consecutive months, but the licensee must apply the period to the customer on a consistent basis. (3) The notice required by sections (1) and (2) of this rule shall be in writing, except that the notice may be provided in electronic form if the recipient agrees. In addition to any other information the licensee wishes to provide, the notice shall include the following items of information that apply to the licensee and to the individuals to whom the licensee sends the notice: (a) The policy and practices of the licensee with respect to disclosing personal financial information to nonaffiliated parties other than agents of the licensee, including the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to OAR 836-080-0675, and the policies and practices with respect to disclosing personal financial information of persons who have ceased to be customers of the licensees. (b) The categories of personal financial information that the licensee collects. (c) The policies the licensee maintains to protect the confidentiality and security of personal financial information. (4) A licensee that does not disclose personal financial information about customers or former customers to affiliates or nonaffiliates except as authorized in OAR 836-080-0670 or 836-080-0675, and does not wish to reserve the right to do so may satisfy the requirements of this rule by providing a customer a notice that so states and that also includes: (a) The information described in section (3)(b) and (c) of this rule; and (b) A statement that the licensee makes disclosures to other affiliated or nonaffiliated third parties, as applicable, as permitted by law. (5) Before a licensee discloses personal financial information to a nonaffiliated third party other than as described in the notice required in section (1) of this rule, the licensee shall send a revised notice that accurately describes its information collection and disclosure practices. The revised notice must comply with the requirements of section (3) of this rule. (6) For purposes of this rule and OAR 836-080-0670 and 836-080-0675, an individual is not the consumer of a licensee solely because the individual is covered under a group life or health insurance policy issued by the licensee or is a participant or beneficiary of an employee benefit plan that the licensee administers or sponsors or for which the licensee acts as a trustee, insurer or fiduciary, if: (a) The licensee provides to the policyholder the initial, annual and revised notices under this rule; and (b) The licensee does not disclose to a nonaffiliated third party personal information about the individual other than as permitted by OAR 836-080-0675. (7) When an individual becomes a consumer of a licensee under section (6) of this rule, then this rule and OAR 836-080-0670 and 836-080-0675 apply to the licensee with respect to the individual. Statutory/Other Authority: ORS 731.244 & 746.608 Statutes/Other Implemented: ORS 746.600 & 746.607 History: ID 4-2005, f. & cert. ef. 4-1-05