reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 4 - Coverage for Attorney Fees Taxable as Costs Against an Insured According to Alaska Rule of Civil Procedure 82 › 3 AAC 26.540 - No additional premium charge for minimum coverage

Current through May 31, 2024
An insurer may not charge a separate premium for the
					 minimum coverage required under
					 3 AAC 26.510 or
					 3 AAC 26.520. An insurer may charge a separate premium
					 for coverage in excess of the minimum required. An admitted insurer shall
					 secure from the director prior approval for premiums charged as required under
					 AS
					 21.39.040.
In 2010 the revisor of statutes, acting under
						AS
						01.05.031, renumbered former
						AS
						21.36.150 as
						AS
						21.36.900. As of Register 196 (January 2011),
						the regulations attorney made a conforming technical revision under
						AS
						44.62.125(b)(6), to the
						authority citation that follows
						3 AAC 26.540, so that the citation to former
						AS
						21.36.150 now refers to the renumbered
						statute, AS
						21.36.900.
Authority:
AS
						21.06.090
AS 21.36.900
AS 21.39.020
AS 21.39.030
AS
						21.39.040
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 4 - Coverage for Attorney Fees Taxable as Costs Against an Insured According to Alaska Rule of Civil Procedure 82 › 3 AAC 26.550 - Required notice

Current through May 31, 2024
(a) A policy issued by an insurer that limits
				  coverage as permitted under
				  3 AAC 26.510 - 3 AAC 26.535 must include a policyholder
				  notice regarding Alaska Rule of Civil Procedure 82.
(b) The notice required by (a) of this
				  section must
(1) conform with the division's
(A) Attorney Fees Coverage Notice A, dated
				  March 29, 1996, and hereby adopted by reference, for a policy with a right or
				  duty to defend in addition to an applicable limit of liability;
(B) Attorney Fees Coverage Notice B, dated
				  March 29, 1996, and hereby adopted by reference, for a policy with a right or
				  duty to defend within an applicable limit of liability;
(C) Attorney Fees Coverage Notice C, dated
				  March 29, 1996, and hereby adopted by reference, for an indemnity policy that
				  covers defense costs within an applicable limit of liability;
(D) Attorney Fees Coverage Notice D, dated
				  March 29, 1996, and hereby adopted by reference, for a policy with no defense
				  cost obligations;
(E) Attorney
				  Fees Coverage Notice E, dated August 14, 2020, and hereby adopted by reference,
				  for an indemnity policy that covers defense costs in addition to an applicable
				  limit of liability; or
(F) Attorney
				  Fees Coverage Notice F, dated August 14, 2020, and hereby adopted by reference,
				  for a policy providing defense-pnly coverage; or
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 4 - Coverage for Attorney Fees Taxable as Costs Against an Insured According to Alaska Rule of Civil Procedure 82 › 3 AAC 26.559 - Definition

Current through May 31, 2024
In
					 3 AAC 26.500 -
					 3 AAC 26.559, "defense-only coverage" means liability insurance covering
					 defense costs but not settlements or indemnity payments related to events that
					 give rise to the covered defense costs.
Authority:
AS
						21.06.090
AS
						21.36.900
AS
						21.42.120
AS
						21.42.130
AS
						21.42.160
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.605 - Purpose, applicability, and scope

Current through May 31, 2024
(a) The purpose of
				  3 AAC 26.610 -
				  3 AAC 26.749 is to protect the public by providing
				  standards for the treatment by licensees of nonpublic personal
				  information.
(b) The provisions of
				  3 AAC 26.610 -
				  3 AAC 26.675 apply only to nonpublic personal financial
				  information.
(c) The provisions of
				  3 AAC 26.680 and
				  3 AAC 26.685 apply only to nonpublic personal health
				  information.
(d) The provisions of
				  3 AAC 26.605 and
				  3 AAC 26.690 -
				  3 AAC 26.749 apply to both nonpublic personal financial
				  and nonpublic personal health information.
In 2010 the revisor of statutes, acting under
						AS
						01.05.031, renumbered former
						AS
						21.36.162 as
						AS
						21.36.510. As of Register 196 (January 2011),
						the regulations attorney made a conforming technical revision under
						AS
						44.62.125(b)(6), to the
						authority citation that follows
						3 AAC 26.605, so that the citation to former
						AS
						21.36.162 now refers to the renumbered
						statute, AS
						21.36.510.
Authority:
AS
						21.06.090
AS
						21.36.510
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.610 - Initial privacy notice to consumers

Current through May 31, 2024
(a) A licensee
				  shall provide a clear and conspicuous notice that accurately reflects the
				  licensee's privacy policies and practices to a
(1) customer not later than when the licensee
				  establishes a customer relationship, except as provided in (d) of this section;
				  and
(2) consumer before the
				  licensee discloses nonpublic personal financial information about the consumer
				  to a nonaffiliated third party, unless the disclosure is authorized under
				  3 AAC 26.665 and
				  3 AAC 26.670.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.615 - Annual privacy notice to customers

Current through May 31, 2024
(a) At least once
				  in each 12 consecutive month period in which a customer relationship exists, a
				  licensee shall provide clear and conspicuous notice to each customer that
				  accurately reflects the licensee's privacy policies and practices.
(b) A licensee is not required to provide an
				  annual notice to an individual who is no longer a customer.
(c) A licensee that provides nonpublic
				  personal information to nonaffiliated third parties only in accordance with
				  3 AAC 26.660 -
				  3 AAC 26.670, and that has not changed its policies and
				  practices with regard to disclosing nonpublic personal information from the
				  policies and practices that were disclosed in the most recent disclosure sent
				  to consumers in accordance with this section or
				  3 AAC 26.610, is not required to provide an annual
				  disclosure under this section until the time when the licensee fails to comply
				  with the criteria described in this subsection.
Authority:
AS
						21.06.090
AS
						21.36.510
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.620 - Information included in privacy notices

Current through May 31, 2024
(a) In a privacy
				  notice required under
				  3 AAC 26.610,
				  3 AAC 26.615, and
				  3 AAC 26.630, a licensee shall include the following:
(1) the categories of nonpublic personal
				  financial information that the licensee collects;
(2) the categories of nonpublic personal
				  financial information that the licensee discloses;
(3) except for persons to whom the licensee
				  discloses information as allowed under
				  3 AAC 26.665 and
				  3 AAC 26.670, the categories of affiliates and
				  nonaffiliated third parties to which the licensee discloses a consumer's
				  nonpublic personal financial information;
(4) except for persons to whom the licensee
				  discloses information as allowed under
				  3 AAC 26.665 and
				  3 AAC 26.670, the categories of nonpublic personal
				  financial information that the licensee discloses about a consumer who is no
				  longer a customer of the licensee;
(5) except for persons to whom the licensee
				  discloses information as allowed under
				  3 AAC 26.665 and
				  3 AAC 26.670, the categories of affiliates and
				  nonaffiliated third parties to whom the licensee discloses nonpublic personal
				  financial information about a consumer who is no longer a customer of the
				  licensee;
(6) if the licensee
				  discloses nonpublic personal financial information to a nonaffiliated third
				  party under
				  3 AAC 26.660 and an exception in
				  3 AAC 26.665 or
				  3 AAC 26.670 does not apply to the disclosure, a
				  separate description of the categories of information that the licensee
				  discloses and the categories of nonaffiliated third parties with whom the
				  licensee has contracted;
(7) an
				  explanation of the consumer's right under
				  3 AAC 26.645 to opt out of the disclosure of nonpublic
				  personal financial information to nonaffiliated third parties, including the
				  methods by which the consumer may opt out;
(8) a disclosure that the licensee makes
				  under 15 U.S.C.
				  1681 a(d)(2)(A)(iii) (Fair Credit Reporting
				  Act) regarding the ability of a consumer to opt out of disclosures of
				  information among affiliates;
(9) a
				  description of the licensee's policies and practices regarding the protection
				  of the confidentiality and security of nonpublic personal financial
				  information;
(10) a disclosure that
				  the licensee makes under (b) of this section.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.625 - Opt out notices and methods

Current through May 31, 2024
(a) If a licensee
				  is required to provide an opt out notice under
				  3 AAC 26.645, the licensee shall provide to each of the
				  licensee's consumers a clear and conspicuous opt out notice that accurately
				  explains the consumer's right to opt out under
				  3 AAC 26.645.
(b) The opt out notice required in (a) of
				  this section must state
(1) that the licensee
				  discloses or reserves the right to disclose nonpublic personal financial
				  information about a consumer to a nonaffiliated third party;
(2) that the consumer has the right to opt
				  out of disclosure; and
(3) the
				  means provided under
				  3 AAC 26.645(a) (3) for a consumer to
				  opt out.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.630 - Revised privacy notice

Current through May 31, 2024
Except as otherwise allowed under
					 3 AAC 26.605 -
					 3 AAC 26.749, a licensee may not directly or through an
					 affiliate disclose nonpublic personal financial information about a consumer to
					 a nonaffiliated third party other than as described in the initial notice
					 provided to the consumer under
					 3 AAC 26.610 unless the consumer does not opt out after
					 the licensee has provided the consumer a
(1) clear and conspicuous revised notice that
				  accurately describes the licensee's privacy policies and practices;
(2) new opt out notice that complies with
				  3 AAC 26.625; and
(3) reasonable opportunity under
				  3 AAC 26.645(a) (3) to opt out before
				  disclosing information to a nonaffiliated third party.
In 2010 the revisor of statutes, acting under
						AS
						01.05.031, renumbered former
						AS
						21.36.162 as
						AS
						21.36.510. As of Register 196 (January 2011),
						the regulations attorney made a conforming technical revision under
						AS
						44.62.125(b)(6), to the
						authority citation that follows
						3 AAC 26.630, so that the citation to former
						AS
						21.36.162 now refers to the renumbered
						statute, AS
						21.36.510.
Authority:
AS
						21.06.090
AS
						21.36.510
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.635 - Privacy notices to group policyholders

Current through May 31, 2024
(a) Unless a
				  licensee provides the privacy notices required under
				  3 AAC 26.610,
				  3 AAC 26.615, and
				  3 AAC 26.630 directly to an individual described in
				  3 AAC 26.715(d), the licensee shall
				  provide the privacy notices to the plan sponsor, group or blanket insurance
				  policyholder, group annuity contract holder, or workers' compensation
				  policyholder in the manner described in
				  3 AAC 26.610 -
				  3 AAC 26.630.
(b) The privacy notice provided under (a) of
				  this section must describe the licensee's privacy practices with respect to
				  nonpublic personal financial information about individuals covered under the
				  policies, contracts, or plans.
In 2010 the revisor of statutes, acting under
						AS
						01.05.031, renumbered former
						AS
						21.36.162 as
						AS
						21.36.510. As of Register 196 (January 2011),
						the regulations attorney made a conforming technical revision under
						AS
						44.62.125(b)(6), to the
						authority citation that follows
						3 AAC 26.635, so that the citation to former
						AS
						21.36.162 now refers to the renumbered
						statute, AS
						21.36.510.
Authority:
AS
						21.06.090
AS
						21.36.510
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.640 - Provision of privacy notices

Current through May 31, 2024
(a) A licensee
				  shall provide a notice required under
				  3 AAC 26.610 -
				  3 AAC 26.749 to a consumer in a manner that is
				  reasonably expected to result in receipt of the notice by the
				  consumer.
(b) For annual notices, a
				  licensee may comply with the requirements of (a) of this section by
(1) making the licensee's current privacy
				  notice available to the customer upon request, if a customer has directed the
				  licensee to refrain from sending the customer information regarding the
				  customer relationship; or
(2)
				  continuously posting the licensee's current privacy notice in a clear and
				  conspicuous manner on the licensee's web site, if the customer uses the
				  licensee's web site to access insurance products or services and the customer
				  has agreed to receive notices on the web site.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.645 - Limitation on disclosure of nonpublic personal financial information

Current through May 31, 2024
(a) Except as
				  allowed under
				  3 AAC 26.605 -
				  3 AAC 26.749, a licensee may not directly or through an
				  affiliate disclose to a nonaffiliated third party nonpublic personal financial
				  information unless the consumer does not opt out after the licensee has
				  provided the consumer
(1) the initial notice
				  required under
				  3 AAC 26.610;
(2) the opt out notice required under
				  3 AAC 26.625; and
(3) a reasonable opportunity to opt out by a
				  means that may include the following:
(A)
				  mailing the notices to the consumer and allowing the consumer to opt out by
				  mailing a form, calling a toll-free telephone number, or other reasonable means
				  within 45 days after the date the licensee mailed the notices;
(B) if a customer opens an online account
				  with the licensee and agrees to receive the notices electronically, allowing
				  the customer to opt out by any reasonable means within 30 days after the date
				  the customer acknowledges receipt of the notices sent in conjunction with
				  opening the account;
(C) for an
				  isolated transaction with a consumer, by providing the notices at the time of
				  the transaction and requesting that the consumer decide whether to opt out
				  before completing the transaction.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.650 - Limitation on redisclosure and reuse of nonpublic personal financial information

Current through May 31, 2024
(a) If a licensee receives, under an
				  exception in
				  3 AAC 26.665 or
				  3 AAC 26.670, nonpublic personal financial information
				  from a financial institution that is not an affiliate, the licensee may only
				  disclose or use the information by
(1)
				  disclosing the information to the affiliates of the nonaffiliated third party
				  from which the licensee received the information;
(2) disclosing the information to the
				  licensee's affiliates only if the affiliates agree to disclose and use the
				  information only to the extent that the licensee may disclose and use the
				  information; or
(3) disclosing and
				  using the information under an exception in
				  3 AAC 26.665 or
				  3 AAC 26.670 in the ordinary course of business to carry
				  out the activity for which the licensee received the information.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.655 - Limitation on sharing account number information for marketing purposes

Current through May 31, 2024
(a)
				  Except as provided in (b) of this section, a licensee may not disclose directly
				  or through an affiliate a policy number or similar form of access number or
				  access code for a consumer's policy or transaction account to a nonaffiliated
				  third party for use in marketing by telephone or facsimile transmission, direct
				  mail marketing, or electronic mail marketing to a consumer.
(b) A licensee may disclose a policy number
				  or similar form of access number or access code for a consumer's policy or
				  transaction account to a
(1)
				  consumer-reporting agency;
(2)
				  licensee's service provider for the sole purpose of marketing the licensee's
				  own products or services only if the service provider is not authorized to
				  directly initiate charges to the account;
(3) licensee who is an insurance producer for
				  the sole purpose of marketing the licensee's own products or services;
				  or
(4) participant in an affinity
				  program or similar program if the participants in the program are identified to
				  the customer at the time the customer enters into the program.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.660 - Exceptions to notice and opt out requirements for service providers and joint marketing

Current through May 31, 2024
(a) A licensee is not subject to the
				  requirements in
				  3 AAC 26.625 and
				  3 AAC 26.645 if the licensee provides nonpublic personal
				  financial information to a nonaffiliated third party to act as a service
				  provider or to perform joint marketing services for the licensee or on behalf
				  of the licensee, if the licensee
(1) has
				  provided the initial notice as required under
				  3 AAC 26.610; and
(2) enters into a contractual agreement with
				  the nonaffiliated third party that prohibits the nonaffiliated third party from
				  disclosing or using the information, including using the information under an
				  exception in
				  3 AAC 26.665 or
				  3 AAC 26.670, other than to carry out the purpose for
				  which the licensee disclosed the information.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.665 - Exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information for processing and servicing transactions

Current through May 31, 2024
(a) A
				  licensee is not subject to the requirements for initial notice in
				  3 AAC 26.610(a) (2), the opt out
				  requirements in
				  3 AAC 26.625 and
				  3 AAC 26.645, or the requirements in
				  3 AAC 26.660 if the licensee discloses nonpublic
				  personal financial information to a nonaffiliated third party and the
				  information is
(1) necessary to effect,
				  administer, or enforce a transaction that a consumer requests or authorizes;
				  or
(2) used in connection with
(A) servicing or processing an insurance
				  product or service that a consumer requests or authorizes;
(B) maintaining or servicing a consumer's
				  account with the licensee or with another entity as part of a private label
				  credit card program or other extension of credit on behalf of the
				  entity;
(C) a proposed or actual
				  securitization, secondary market sale including the sale of servicing rights,
				  or similar transaction related to a transaction of a consumer;
(D) reinsurance, stop-loss insurance, or
				  excess loss insurance; or
(E)
				  soliciting insurance quotes on behalf of a consumer from an insurance
				  producer.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.670 - Other exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information

Current through May 31, 2024
A licensee is not subject to the requirements for initial
					 notice in 3 AAC 26.610(a) (2), the opt out requirements in
					 3 AAC 26.625 and
					 3 AAC 26.645, or the requirements in
					 3 AAC 26.660 if the licensee discloses nonpublic
					 personal financial information
(1)
				  with the consent or at the direction of the consumer, unless the consumer has
				  revoked the consent or directive;
(2) to protect the confidentiality or
				  security of the licensee's records pertaining to the consumer, service,
				  product, or transaction;
(3) to
				  protect against or to prevent fraud or unauthorized transactions;
(4) for required institutional risk
				  control;
(5) for resolving
(A) disputes with the consumer who is the
				  subject of the nonpublic personal financial information; or
(B) inquiries to the licensee from the
				  consumer who is the subject of the nonpublic personal financial
				  information;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.675 - Exceptions for surplus line brokers, surplus lines insurers, and employees, agents, or other representatives of a licensee

Current through May 31, 2024
(a) A person
				  licensed, registered, or authorized under AS 21 is not subject to the notice
				  and opt out requirements in
				  3 AAC 26.610 -
				  3 AAC 26.670, if the
(1) person is an employee or other
				  representative of another licensee;
(2) licensee for whom the person is acting as
				  an employee or other representative complies with and provides the notices
				  required in
				  3 AAC 26.610 -
				  3 AAC 26.670; and
(3) person does not disclose nonpublic
				  personal financial information to anyone other than the licensee for whom the
				  person is acting as an employee or other representative or that licensee's
				  affiliate, except as allowed under
				  3 AAC 26.660 -
				  3 AAC 26.670.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.680 - Disclosure of nonpublic personal health information

Current through May 31, 2024
(a) Except as
				  provided in (b) of this section or in
				  3 AAC 26.695(a), a licensee may not
				  disclose nonpublic personal health information about a consumer unless
				  authorization that complies with
				  3 AAC 26.685 is obtained from the consumer whose
				  nonpublic personal health information the licensee seeks to disclose.
(b) A licensee may disclose a consumer's
				  nonpublic personal health information without obtaining authorization from the
				  consumer if the disclosure is
(1) required by
				  federal or state law or regulation or is otherwise allowed by law;
(2) in response to an order issued by a
				  governmental regulatory authority with jurisdiction over a licensee for
				  examination, investigation, compliance, or other purposes authorized by
				  law;
(3) compelled by a subpoena,
				  search warrant, or other order issued by a court or administrative agency of
				  competent jurisdiction;
(4) for
				  detection, investigation, or reporting of fraud, misrepresentation, or another
				  violation of law;
(5) for the
				  performance of the following insurance functions by or on behalf of the
				  licensee:
(A) claims
				  administration;
(B) claims
				  adjustment or management;
(C)
				  underwriting;
(D) policy placement
				  or issuance;
(E) loss
				  control;
(F) rate
				  development;
(G) guaranty fund
				  functions;
(H) reinsurance,
				  stop-loss insurance, or excess loss insurance;
(I) risk management;
(J) case management;
(K) disease management;
(L) quality assurance or
				  improvement;
(M) performance
				  evaluation;
(N) verification of
				  provider credentials;
(O)
				  utilization review;
(P) peer review
				  activities;
(Q) actuarial,
				  scientific, medical, or public policy research;
(R) grievance procedures;
(S) internal administration of compliance,
				  managerial, and information systems;
(T) policyholder service functions;
(U) auditing;
(V) reporting;
(W) database security;
(X) administration of consumer disputes and
				  inquiries;
(Y) external
				  accreditation standards;
(Z)
				  replacement of a group benefit plan or workers' compensation policy or
				  program;
(AA) activities in
				  connection with the sale, merger, transfer, or exchange of all or part of a
				  business or operating unit;
(6) required to enforce the licensee's rights
				  or the rights of other licensees engaged in carrying out an insurance
				  transaction or providing an insurance product or service that a consumer or
				  customer requests or authorizes; or
(7) allowed without requiring authorization
				  under 45 C.F.R. Parts 160 and 164.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.685 - Authorization to disclose nonpublic personal health information

Current through May 31, 2024
(a) Authorization
				  to disclose nonpublic personal health information under
				  3 AAC 26.680 must be in written or electronic form and
				  must contain
(1) the identity of the consumer
				  who is the subject of the nonpublic personal health information;
(2) a general description of the types of
				  nonpublic personal health information that may be disclosed;
(3) a general description of the person to
				  whom the licensee intends to disclose nonpublic personal health information,
				  the purpose of the disclosure, and how the recipient of the information will
				  use the information;
(4) the
				  signature of the consumer who is the subject of the nonpublic personal health
				  information or an individual who is legally empowered to grant authority for
				  the consumer and the date signed; the consumer or individual who is legally
				  empowered to grant authority for the consumer may agree to provide an
				  electronic signature subject to AS 09.80;
(5) the length of time for which the
				  authorization is valid; and
(6) a
				  statement to the effect that the consumer may revoke the authorization at any
				  time along with a clear and easy-to-follow description of how the consumer may
				  revoke the authorization.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.690 - Access to and correction, amendment, or deletion of nonpublic personal information

Current through May 31, 2024
(a) Except as provided in (h) of this section
				  and 3 AAC 26.695(a),
				  within 30 working days after the date a licensee or insurance support
				  organization receives a written request from a consumer for recorded nonpublic
				  personal information about the consumer that adequately describes the
				  information requested, if the licensee or insurance support organization can
				  reasonably locate and retrieve the information, the licensee or insurance
				  support organization or an agent authorized to act on behalf of the licensee or
				  insurance support organization shall
(1)
				  provide to the consumer a description of the nature and substance of the
				  requested information in writing or in electronic form, if the consumer agrees
				  to receive that information electronically;
(2) as directed by the consumer,
(A) send the requested information, including
				  the source of the information, to the consumer by mail or electronically;
				  or
(B) allow the consumer to see
				  and copy the requested information in person;
(3) provide to the consumer
(A) if the nonpublic personal information was
				  recorded, a listing of the identities of each person to whom the licensee or
				  insurance support organization has disclosed nonpublic personal information
				  within the two years before the date of the consumer's request; or
(B) if the nonpublic personal information was
				  received but not recorded, a listing of the names of the persons to whom the
				  information is normally disclosed; and
(4) provide to the consumer a summary of the
				  procedure the consumer may use to request correction, amendment, or deletion of
				  recorded nonpublic personal information.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.695 - Relationship to federal privacy laws

Current through May 31, 2024
(a) If a licensee
				  complies with all the requirements of 45 C.F.R. Parts 160 and 164 even though
				  the licensee is not required to comply, the licensee is not required to comply
				  with
				  3 AAC 26.680,
				  3 AAC 26.685, and
				  3 AAC 26.690 with respect to health
				  information.
(b) Nothing in
				  3 AAC 26.605 -
				  3 AAC 26.749
				  modifies, limits, or supersedes
				  15 U.S.C.
				  1681-
				  1681
				  x (Fair Credit Reporting Act) or creates an inference regarding whether
				  information is transaction or experience information under
				  15 U.S.C.
				  1681-
				  1681
				  x.
(c) Nothing in
				  3 AAC
				  26.605 -
				  3 AAC 26.749
				  modifies, limits, or supersedes
				  15 U.S.C.
				  6801-
				  6809
				  (Gramm-Leach-Bliley Act).
Authority:
AS
						21.06.090
AS
						21.36.510
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.700 - Nondiscrimination

Current through May 31, 2024
(a) A licensee may not unfairly discriminate
				  against a consumer because the consumer opts out of disclosure of nonpublic
				  personal financial information under
				  3 AAC 26.645.
(b) A licensee may not unfairly discriminate
				  against a consumer because the consumer has not authorized the disclosure of
				  nonpublic personal health information under
				  3 AAC 26.680.
In 2010 the revisor of statutes, acting under
						AS
						01.05.031, renumbered former
						AS
						21.36.162 as
						AS
						21.36.510. As of Register 196 (January 2011),
						the regulations attorney made a conforming technical revision under
						AS
						44.62.125(b)(6), to the
						authority citation that follows
						3 AAC 26.700, so that the citation to former
						AS
						21.36.162 now refers to the renumbered
						statute, AS
						21.36.510.
Authority:
AS
						21.06.090
AS
						21.36.510
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.705 - Customer information security program

Current through May 31, 2024
A licensee shall develop and implement a comprehensive
					 written customer information security program that
(1) includes administrative, technical, and
				  physical safeguards for the protection of customer information;
(2) is appropriate for the size and
				  complexity of the licensee and the nature and scope of the licensee's
				  activities; and
(3) is designed to
(A) ensure the security and confidentiality
				  of customer information;
(B)
				  protect against any anticipated threats or hazards to the security or integrity
				  of the customer information; and
(C) protect against unauthorized access to or
				  use of customer information that could result in substantial harm or
				  inconvenience to a customer.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 5 - Privacy of Consumer Financial and Health Information › 3 AAC 26.715 - Consumers

Current through May 31, 2024
(a) For purposes of
				  3 AAC 26.605 -
				  3 AAC 26.749, an individual is a consumer if
(1) the individual seeks to obtain, obtains,
				  has obtained, or is a claimant or beneficiary of an insurance product or
				  service that provides coverage primarily for personal, family, or household
				  purposes, including employee job-related injury and disease; and
(2) a licensee has nonpublic personal
				  information about the individual.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 6 - Annuity Contract Disclosures › 3 AAC 26.750 - Applicability

Current through May 31, 2024
(a) The provisions of
				  3 AAC 26.750 -
				  3 AAC 26.769 apply to a group or individual annuity
				  contract except
(1) a registered or
				  non-registered variable annuity contract or other registered product; in this
				  paragraph, "registered" means subject to the registration and prospectus
				  delivery requirements under 15 U.S.C. 77 e (sec. 5 of the
				  Securities Act of 1933);
(2) an
				  immediate or deferred annuity that does not contain a non-guaranteed
				  element;
(3) an annuity that is not
				  subject to (b) of this section and is used to fund
(A) an employee pension plan covered under
				  29 U.S.C.
				  1001 -
				  1461 (Employee Retirement Income
				  Security Act of 1974);
(B) a plan
				  described in 26 U.S.C.
				  401(a) or (k) or
				  26 U.S.C.
				  403(b) (Internal Revenue
				  Code), if the plan, for purposes of
				  29 U.S.C.
				  1001 -
				  1461, is established or maintained
				  by an employer;
(C) a governmental
				  or church plan defined in 26
				  U.S.C. 414 (Internal Revenue Code);
(D) a deferred compensation plan of a state
				  or local government or tax-exempt organization under
				  26 U.S.C.
				  457 (Internal Revenue Code); or
(E) a nonqualified deferred compensation
				  arrangement under 26 U.S.C.
				  409 A (Internal Revenue Code) established or
				  maintained by an employer or plan sponsor;
(4) a settlement of or assumption of
				  liabilities associated with personal injury litigation or any dispute or claim
				  resolution process;
(5) a qualified
				  charitable gift annuity as defined in
				  AS
				  21.03.070(h); or
(6) an insurance contract that provides
				  guaranteed principal repayment and interest payments for a predetermined period
				  of time.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 6 - Annuity Contract Disclosures › 3 AAC 26.755 - Disclosure document and buyer's guide

Current through May 31, 2024
(a) If an
				  application for an annuity contract is taken in a face-to-face meeting, the
				  insurer or licensee shall at or before the time of application give the
				  applicant a copy of
(1) the disclosure
				  document described in (g) of this section; and
(2) the buyer's guide.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 6 - Annuity Contract Disclosures › 3 AAC 26.760 - Report to contract owners

Current through May 31, 2024
For an annuity in a payout period with changes in
					 non-guaranteed elements and for the entire accumulation period of a deferred
					 annuity the insurer shall provide each contract owner a report at least
					 annually that contains the status of the contract including at a minimum the
					 following:
(1) the beginning and
				  ending dates of the current report period;
(2) the accumulation and cash surrender
				  value, if any, at the end of
(A) the previous
				  report period; and
(B) the current
				  report period;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 6 - Annuity Contract Disclosures › 3 AAC 26.769 - Definitions

Current through May 31, 2024
In
					 3 AAC 26.750 -
					 3 AAC 26.769, unless the context requires
					 otherwise,
(1) "buyer's guide" means
				  the National Association of Insurance Commissioners'
Buyer's Guide for
				  Deferred Annuities Fixed
, dated 2013 and adopted by
				  reference;
(2) "contract owner"
				  means the owner named in the annuity contract or, in the case of a group
				  annuity, the contract certificate holder;
(3) "determinable elements" means values or
				  amounts derived from processes or methods that are guaranteed at issue, that
				  are not subject to company discretion, and that may not be determined until
				  some time after issue; "determinable elements" includes
(A) premiums, credited interest rates,
				  bonuses, benefits values, non-interest based credits, charges, or elements of
				  formulas used to determine any of these; and
(B) a value or amount calculated from
(i) underlying determinable elements only;
				  or
(ii) both determinable and
				  guaranteed elements;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 7 - Suitability in Annuity Contract Transactions › 3 AAC 26.770 - Applicability

Current through May 31, 2024
(a) Except as
				  provided in (b) of this section, 3 AAC 26.770 -
				  3 AAC 26.789 apply to
				  any sale or recommendation of an annuity.
(b) Unless a provision of 3 AAC 26.770 -
				  3 AAC 26.789
				  specifically includes that recommendation, 3 AAC 26.770 -
				  3 AAC 26.789 do not
				  apply to a transaction involving a
(1)
				  direct-response solicitation if the recommendation is not based on information
				  collected from the consumer under 3 AAC 26.770 -
				  3 AAC 26.789;
				  or
(2) contract used to fund
(A) an employee pension or welfare benefit
				  plan that is covered under
				  29 U.S.C.
				  1001-
				  1461
				  (Employee Retirement Income Security Act of 1974);
(B) a plan described in
				  26 U.S.C.
				  401(a) or (k),
				  26
				  U.S.C. 403(b), or
				  26 U.S.C. 408(k) or
				  (p) (Internal Revenue Code) if the plan is
				  established or maintained by an employer;
(C) a governmental or church plan defined in
				  26 U.S.C.
				  414 (Internal Revenue Code), including a
				  governmental or church welfare benefit plan;
(D) a deferred compensation plan of a state
				  or local government or tax-exempt organization under
				  26
				  U.S.C. 457 (Internal Revenue Code);
(E) a nonqualified deferred compensation
				  arrangement under
				  26
				  U.S.C. 409 A (Internal Revenue Code)
				  established or maintained by an employer or plan sponsor;
(F) a settlement of or assumption of
				  liabilities associated with personal injury litigation or other dispute or
				  claim resolution process; or
(G) a
				  formal prepaid funeral contract.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 7 - Suitability in Annuity Contract Transactions › 3 AAC 26.775 - Duties of an insurance producer and an insurer

Current through May 31, 2024
(a) When making a
				  recommendation of an annuity, a producer shall act in the best interest of the
				  consumer under the circumstances known at the time the recommendation is made,
				  without placing the producer's or the insurer's financial interest ahead of the
				  consumer's interest. A producer has acted in the best interest of the consumer
				  if the producer has satisfied the following obligations regarding care,
				  disclosure, conflict of interest, and documentation:
(1) the producer, in making a recommendation,
(A) shall exercise reasonable diligence, care, and skill to
(i) know the consumer's financial situation,
				  insurance needs, and financial objectives;
(ii) understand the available recommendation options after making
				  a reasonable inquiry into options available to the producer;
(iii) have a reasonable basis to believe the
				  recommended option effectively addresses the consumer's financial situation,
				  insurance needs, and financial objectives over the life of the product, as
				  evaluated in light of the consumer profile information;
(iv) communicate the basis or bases of the
				  recommendation; and
(v) make
				  reasonable efforts to obtain consumer profile information from the consumer
				  before the recommendation of an annuity;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 7 - Suitability in Annuity Contract Transactions › 3 AAC 26.778 - Producer annuity training requirement

Current through May 31, 2024
(a) A producer may
				  not solicit the sale of an annuity product unless the producer has adequate
				  knowledge of the product to recommend the annuity and the producer is in
				  compliance with the insurer's standards for product training. A may rely on
				  insurer-provided product-specific training standards and materials to comply
				  with this subsection.
(b) A
				  producer who engages in the sale of an annuity product shall complete a
				  one-time minimum four credit-hour annuity training course approved by the
				  director and provided in accordance with
				  AS
				  21.27.020 and
				  3 AAC 23.100 -
				  3 AAC 23.208 covering
				  the course material listed in (c) of this section.
(c) The annuity training required under (b)
				  of this section must include at a minimum the following topics:
(1) the types of and various classifications
				  of annuities;
(2) identification of
				  the parties to an annuity;
(3) how
				  specific annuity contract provisions affect the consumer;
(4) the application of income taxation of
				  qualified and non-qualified annuities;
(5) the primary uses of an annuity;
				  and
(6) the appropriate standard of
				  conduct, sales practices, replacement, and disclosure requirements that are
				  consistent with
				  3 AAC 26.750 -
				  3 AAC 26.825.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 7 - Suitability in Annuity Contract Transactions › 3 AAC 26.780 - Records

Current through May 31, 2024
(a) A producer or
				  insurer shall comply with the requirements of AS 21.27.320 and
				  AS
				  21.27.350 with respect to all information
				  collected from a consumer and other information used in making a recommendation
				  that was the basis for an annuity contact transaction.
(b) An insurer, general agent, independent
				  agency, or producer shall maintain or be able to make available to the director
				  records of the information collected from the consumer, disclosures made to the
				  consumer, including summaries of oral disclosures, and other information used
				  in making the recommendations that were the basis for transactions after the
				  transactions were completed by the insurer consistent with
				  AS
				  21.27.350. An insurer is permitted, but is
				  not required, to maintain documentation on behalf of a producer.
Authority:
AS
						21.06.090
AS
						21.09.320
AS
						21.27.350
AS
						21.36.020
AS
						21.36.030
AS
						21.36.040
AS
						21.36.050
AS
						21.36.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 7 - Suitability in Annuity Contract Transactions › 3 AAC 26.785 - Compliance mitigation; penalties; enforcement

Current through May 31, 2024
(a) An insurer is
				  responsible for compliance with
				  3 AAC 26.770 -
				  3 AAC 26.789. If a
				  violation occurs, either because of the action or inaction of the insurer or
				  its producer, the director may order
(1) an
				  insurer to take reasonably appropriate corrective action for any consumer
				  harmed by a failure to comply with
				  3 AAC 26.770 -
				  3 AAC 26.789 by the
				  insurer, by an entity contracted to perform the insurer's supervisory duties,
				  or by the producer;
(2) a general
				  agency, independent agency, or the producer to take reasonably appropriate
				  corrective action for any consumer harmed by the producer's violation of
				  3 AAC 26.770 -
				  3 AAC 26.789;
(3) appropriate penalties and sanctions.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 7 - Suitability in Annuity Contract Transactions › 3 AAC 26.786 - Private cause of action

Current through May 31, 2024
(a) Nothing in
				  3 AAC 26.770 - AAC
				  26.789 creates or implies a private cause of action for a violation of
				  3 AAC 26.770 - AAC
				  26.789 or subjects a producer to civil liability under the best interest
				  standard of care set out in
				  3 AAC 26.775 or under standards governing the conduct of a
				  fiduciary or a fiduciary relationship.
Authority:
AS
						21.03.060
AS
						21.06.090
AS
						21.36.020
AS
						21.36.030
AS
						21.36.040
AS
						21.36.050
AS
						21.36.900