reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 85 - Regulation of Navigators › Rule 191-85.5 - License Renewal

Current through Register Vol. 47, No. 3, July 24, 2024
A navigator must apply for license renewal within 60 days
				  prior to the expiration date of the license. Failure to apply to renew a
				  license and pay appropriate fees prior to the expiration date of the license
				  will result in expiration of the license.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 85 - Regulation of Navigators › Rule 191-85.6 - License Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
				navigator may reinstate an expired license up to 12 months after the license
				expiration date by proving that during the continuing education term the
				navigator met the continuing education requirements of this chapter and by
				paying a reinstatement fee and license renewal fees. A navigator that fails to
				apply for license reinstatement within 12 months of the license expiration date
				must apply for a new license.
(2) A
				navigator that has surrendered a license for a nondisciplinary reason and
				stated an intent to exit the insurance business may file a request to
				reactivate the license. The request must be received at the division within 90
				days of the date the license was placed on inactive status. The request will be
				granted if the former navigator is otherwise eligible to receive the license.
				If the request is not received within 90 days, the navigator must apply for a
				new license.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 85 - Regulation of Navigators › Rule 191-85.7 - Reinstatement or Reissuance of a License After Suspension, Revocation or Forfeiture in Connection With Disciplinary Matters; and Forfeiture in Lieu of Compliance

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				term "reinstatement" as used in this rule means the reinstatement of a
				suspended license. The term "reissuance" as used in this rule means the
				issuance of a new license following either the revocation of a license or the
				forfeiture of a license in connection with a disciplinary matter. This rule
				does not apply to the reinstatement of an expired license.
(2) Any navigator whose license has been
				revoked or suspended by order, or that forfeited a license in connection with a
				disciplinary matter, may apply to the commissioner for reinstatement or
				reissuance in accordance with the terms of the order of revocation or
				suspension or the order accepting the forfeiture.
a. All proceedings for reinstatement or
				reissuance shall be initiated by the applicant. The applicant shall file with
				the commissioner an application for reinstatement or reissuance of a
				license.
b. An application for
				reinstatement or reissuance shall allege facts which, if established, will be
				sufficient to enable the commissioner to determine that the basis of
				revocation, suspension or forfeiture of the applicant's license no longer
				exists and that it will be in the public interest for the application to be
				granted. The burden of proof to establish such facts shall be on the
				applicant.
c. A navigator may
				request reinstatement of a suspended license prior to the end of the suspension
				term.
d. Unless otherwise provided
				by law, if the order of revocation or suspension did not establish terms upon
				which reinstatement or reissuance may occur, or if the license was forfeited,
				an initial application for reinstatement or reissuance may not be made until at
				least one year has elapsed from the date of the order of the suspension,
				revocation, or acceptance of the forfeiture of a license.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 85 - Regulation of Navigators › Rule 191-85.8 - Change in Name, Address or State of Residence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a navigator changes the navigator's
				legal name, the navigator must file written notification with the division
				within 30 days of the name change. The notification must include the
				navigator's previous name and new name.
(2) If a navigator changes the navigator's
				address, the navigator must file written notification with the division within
				30 days of the address change. The notification must include the navigator's
				name, previous address, and new address. A navigator may designate a business
				address instead of a residential address at the option of the
				navigator.
(3) If a navigator has
				provided an email address to the division, the division has the option to send
				information to the navigator through the email address rather than through the
				mail.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 85 - Regulation of Navigators › Rule 191-85.9 - Licensing of a Business Entity

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
				business entity that has been appointed as a navigator shall obtain a navigator
				license.
(2) Navigator entities
				shall be exempt from the requirements of training, examination, and continuing
				education. All individual navigators that are hired, retained, recruited,
				employed, affiliated, work for or in conjunction, or as a part of a consortium,
				with a navigator entity shall be subject to all training, examination, and
				continuing education requirements under this chapter.
(3) Navigator entities shall be liable for
				the acts of individual navigators that are hired, retained, recruited,
				employed, affiliated, work for or in conjunction, or as a part of a consortium,
				with a navigator entity when the individual navigator is performing the duties
				of or acting as a navigator.
(4) A
				navigator entity shall notify the division in writing, within 30 days, when a
				relationship is terminated with an individual navigator who was formally
				retained, employed, or affiliated with, or worked for or in conjunction, or as
				a part of a consortium, with that navigator entity. The notification submitted
				by the navigator entity shall indicate if the termination was for cause and if
				the reason was one of the reasons set forth in Iowa Code section
				522D7..
				The navigator entity shall comply with Iowa Code section
				522D8.
				and, upon request, furnish to the commissioner or authorized representative
				additional information, documents, records or other data pertaining to the
				termination or activity of the individual navigator.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 85 - Regulation of Navigators › Rule 191-85.10 - Initial Training of Navigators

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Individual navigators shall complete a
				minimum of 32 credits of initial training in courses approved by the
				commissioner. Initial training must include a minimum of 2 credits of
				Iowa-specific training on Medicaid and healthy and well kids in Iowa program
				training, as well as a minimum of 1 credit in the subject of ethics. Navigators
				shall be responsible for obtaining their own training. An individual navigator
				may apply for waiver of this requirement should training not be accessible at
				the level required.
(2) Courses
				provided by the federal government or approved by the federal government on
				ACA-related topics will be considered approved by the commissioner.
(3) Individual navigators shall complete all
				training and certification requirements provided by the U.S. Department of
				Health and Human Services.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 85 - Regulation of Navigators › Rule 191-85.11 - Continuing Education Requirements for Navigators

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Prior to each renewal term, individual
				navigators must complete a minimum of 36 continuing education credits for each
				continuing education term in courses approved by the commissioner on subjects
				relevant to navigators, including health insurance, tax credits, tax penalties,
				Medicaid, the healthy and well kids in Iowa program, health care-related public
				assistance programs, or other ACA-related topics.
(2) Courses provided by the federal
				government or approved by the federal government on ACA-related topics will be
				considered approved by the commissioner.
(3) A navigator shall not carry over
				continuing education requirements from one term to the next term.
(4) A navigator shall not receive continuing
				education credit for the same course taken twice in the term of
				license.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 85 - Regulation of Navigators › Rule 191-85.12 - Administration of Examinations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				commissioner will enter into a contractual relationship with an outside testing
				service to provide the licensing examinations for individual
				navigators.
(2) The outside testing
				service will administer all examinations for applicants.
(3) The testing service will inform the
				applicants of procedures and requirements for taking the licensing
				examination.
(4) The fee for
				examination shall be determined by the testing service.
(5) A listing of subjects that could
				potentially be included on the navigator's examination may be provided on the
				division's website.
(6) Examination
				results are valid for 90 days after the date of the test. Failure to apply for
				licensure within 90 days after the examination is passed shall void the
				examination results.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 85 - Regulation of Navigators › Rule 191-85.13 - Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Fees may be
				paid by check or credit card.
(2)
				The fee for issuance or renewal of a navigator license is $20 for three
				years.
(3) The fee for
				reinstatement of a navigator license is a total of the renewal fee plus
				$100.
(4) The division may charge a
				reasonable fee for the compilation and production of navigator licensing
				records.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 85 - Regulation of Navigators › Rule 191-85.14 - Evidence of Financial Responsibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Prior to the issuance by the division of
				a license as a navigator and for the duration of the license, including any
				renewal thereof, a navigator shall secure and maintain evidence of financial
				responsibility in the form of a surety bond or other alternative financial
				responsibility instrument that protects individuals and entities against
				wrongful acts, misrepresentations, errors, omissions, or negligence of the
				navigator, or other violation of insurance law.
(2) The minimum coverage for financial
				responsibility shall be $50,000.
(3) A navigator shall immediately inform the
				commissioner in writing of any pending termination of a written financial
				responsibility instrument. The navigator shall secure a new financial
				responsibility instrument and provide evidence of new financial responsibility
				to the commissioner prior to the date of termination for the existing financial
				responsibility instrument. If evidence of a new financial responsibility
				instrument is not provided to the commissioner prior to termination, the
				navigator's license shall be forfeited.
(4) An individual navigator may meet the
				financial responsibility requirement if the individual navigator is covered by
				the financial responsibility instrument issued to a navigator entity with which
				the individual navigator is affiliated.
(5) A navigator's financial responsibility
				instrument shall specifically authorize recovery by the commissioner on behalf
				of any person in Iowa that sustained damages as the result of wrongful acts,
				misrepresentations, errors, omissions, or negligence of the navigator, or other
				violation of insurance law in the individual's or entity's capacity as a
				navigator.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 85 - Regulation of Navigators › Rule 191-85.15 - Practices

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Navigators
				shall comply with all federal and state statutes, regulations, and rules
				affecting insurance and navigators.
(2) Navigators shall comply with any
				inquiries or requests submitted by the commissioner. Navigators shall respond
				to requests by the commissioner within the time designated in the request. A
				navigator that fails to provide the information in the time requested or fails
				to obtain an approved extension shall be subject to penalties as set forth in
				Iowa Code section
				522D8..
(3) Navigators shall be subject to
				examination upon the discretion of the commissioner and at the cost of the
				navigator.
(4) Navigators shall
				maintain detailed records of all assistance provided. Consumer assistance
				records shall be available to the commissioner upon request.
(5) Navigators shall provide duplicate copies
				of all data and information submitted to the U.S. Department of Health and
				Human Services to the commissioner upon request.
(6) Unless licensed as a producer, a
				navigator shall not:
a. Sell, select, solicit,
				refer, or negotiate insurance coverage for individuals or entities;
b. Advise an individual or entity to cancel,
				to nonrenew, or to select different insurance coverage;
c. Recommend or endorse a particular health
				plan; and
d. Receive compensation
				from an insurance company for enrollment or have a conflict of interest while
				serving as a navigator. A navigator that receives compensation from an
				insurance company for enrollment or enters into a conflicted relationship must
				forfeit the navigator's license. A navigator that fails to notify the
				commissioner of a conflicted relationship or receives compensation from an
				insurer for enrollment while licensed as a navigator shall be subject to
				penalties as set forth in Iowa Code section
				522D8..
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 85 - Regulation of Navigators › Rule 191-85.16 - Severability

Current through Register Vol. 47, No. 3, July 24, 2024
If any provision of this chapter or its application to any
				  person or circumstance is held invalid by a court of competent jurisdiction or
				  by federal law, the invalidity does not affect other provisions or applications
				  of the chapter that can be given effect without the invalid provision or
				  application, and to this end the provisions of this chapter that are severable
				  and the valid provisions or applications shall remain in full force and
				  effect.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.1 - Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
(1) This chapter
				governs the treatment of nonpublic personal financial information and nonpublic
				personal health information about individuals by all licensees of the insurance
				division.
(2) This chapter also
				applies to nonpublic personal financial information and nonpublic personal
				health information about individuals who obtain or are claimants or
				beneficiaries of products or services primarily for personal, family or
				household purposes from licensees. This chapter does not apply to information
				about individuals or companies that obtain products or services for business,
				commercial or agricultural purposes.
(3) A licensee domiciled in this state that
				is in compliance with this chapter shall be deemed to be in compliance with
				Title V of P.L.
				106-102in a state that has not enacted laws or
				regulations that meet the requirements of Title V.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.3 - Initial Privacy Notice to Consumers Required

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A licensee
				shall provide a clear and conspicuous notice that accurately reflects its
				privacy policies and practices to the following persons and at the following
				times:
a. An individual who becomes the
				licensee's customer, not later than when the licensee establishes a customer
				relationship, except as provided in subrule 90.3(5); and
b. A consumer, before the licensee discloses
				any nonpublic personal financial information about the consumer to any
				nonaffiliated third party, if the licensee makes a disclosure other than as
				authorized by rules 191-90.13 (505) and
				191-90.14 (505).
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.4 - Annual Privacy Notice to Customers Required

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A licensee
				shall provide a clear and conspicuous notice to customers that accurately
				reflects its privacy policies and practices not less than annually during the
				continuation of the customer relationship. "Annually" means at least once in
				any period of 12 consecutive months during which that relationship exists. A
				licensee may define the 12-consecutive-month period, but the licensee shall
				apply it to the customer on a consistent basis.
A licensee provides a notice annually if it defines the
				  12-consecutive-month period as a calendar year and provides the annual notice
				  to the customer once in each calendar year following the calendar year in which
				  the licensee provided the initial notice. For example, if a customer opens an
				  account on any day of year 1, the licensee shall provide an annual notice to
				  that customer by December 31 of year 2.
(2) A licensee is not required to provide an
				annual notice to a former customer. A former customer is an individual with
				whom a licensee no longer has a continuing relationship.
a. A licensee no longer has a continuing
				relationship with an individual if the individual no longer is a current
				policyholder of an insurance product or no longer obtains insurance services
				with or through the licensee.
b. A
				licensee no longer has a continuing relationship with an individual if the
				individual's policy lapsed, expired or is otherwise inactive or dormant under
				the licensee's business practices, and the licensee has not communicated with
				the customer about the relationship for a period of 12 consecutive months,
				other than to provide annual notices, material required by law or regulation,
				or promotional materials.
c. For
				purposes of this rule, a licensee no longer has a continuing relationship with
				an individual if the individual's last-known address according to the
				licensee's records is deemed invalid. An address of record is deemed invalid if
				mail sent to that address by the licensee has been returned by the postal
				authorities as undeliverable and if subsequent attempts by the licensee to
				obtain a current valid address for the individual have been
				unsuccessful.
d. A licensee no
				longer has a continuing relationship with a customer in the case of providing
				real estate settlement services at the time the customer completes execution of
				all documents related to the real estate closing, payment for those services
				has been received, or the licensee has completed all of its responsibilities
				with respect to the settlement, including filing documents on the public
				record, whichever is later.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.5 - Information to Be Included in Privacy Notices

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The initial
				annual and revised privacy notices that a licensee provides under rules
				191-90.3 (505),
				191-90.4 (505) and
				191-90.7 (505) shall include
				each of the following items of information in addition to any other information
				the licensee wants to provide and that apply to the licensee and to the
				consumers to whom the licensee sends its privacy notice:
a. The categories of nonpublic personal
				financial information that the licensee collects;
b. The categories of nonpublic personal
				financial information that the licensee discloses;
c. The categories of affiliates and
				nonaffiliated third parties to which the licensee discloses nonpublic personal
				financial information, other than those parties to which the licensee discloses
				information under rules
				191-90.13 (505) and
				191-90.14 (505);
d. The categories of nonpublic personal
				financial information about the licensee's former customers that the licensee
				discloses and the categories of affiliates and nonaffiliated third parties to
				which the licensee discloses nonpublic personal financial information about the
				licensee's former customers, other than those parties to which the licensee
				discloses information under rules
				191-90.13 (505) and
				191-90.14 (505);
e. A separate description of the categories
				of information the licensee discloses and the categories of third parties with
				which the licensee has contracted if a licensee discloses nonpublic personal
				financial information to a nonaffiliated third party under rule
				191-90.12 (505) and no other
				exception in rules 191-90.13 (505) and
				191-90.14 (505) applies to that
				disclosure;
f. An explanation of
				the consumer's right under subrule 90.9(1) to opt out of the disclosure of
				nonpublic personal financial information to nonaffiliated third parties,
				including the methods by which the consumer may exercise that right at that
				time;
g. Any disclosures that the
				licensee makes under Section 603(d)(2)(A)(iii) of the federal Fair Credit
				Reporting Act;
h. The licensee's
				policies and practices with respect to protecting the confidentiality and
				security of nonpublic personal financial information; and
i. Any disclosure that the licensee makes
				under subrule 90.5(2).
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.6 - Form of Opt-out Notice to Consumers and Opt-out Methods

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A licensee
				required to provide an opt-out notice under subrule 90.9(1) shall provide a
				clear and conspicuous notice to each of its consumers that accurately explains
				the right to opt out under that rule. The notice shall state the following:
a. The licensee discloses or reserves the
				right to disclose nonpublic personal financial information about its consumer
				to a nonaffiliated third party;
b.
				The consumer has the right to opt out of that disclosure; and
c. A reasonable means by which the consumer
				may exercise the opt-out right.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.7 - Revised Privacy Notices

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Except as
				otherwise authorized in this rule, a licensee shall not, directly or through an
				affiliate, disclose any nonpublic personal financial information about a
				consumer to a nonaffiliated third party other than as described in the initial
				notice that the licensee provided to that consumer under rule
				191-90.3 (505) unless the
				following occur:
a. The licensee has provided
				to the consumer a clear and conspicuous revised privacy notice that accurately
				describes its policies and practices;
b. The licensee has provided to the consumer
				a new opt-out notice;
c. The
				licensee has given the consumer a reasonable opportunity, before the licensee
				discloses the information to the nonaffiliated third party, to opt out of the
				disclosure; and
d. The consumer
				does not opt out.
Except as permitted by rules
				  191-90.12 (505),
				  191-90.13 (505), and
				  191-90.14 (505), a licensee
				  shall provide a revised notice before the licensee does any of the
				  following:
* Discloses a new category of nonpublic personal financial
				  information to any nonaffiliated third party;
* Discloses nonpublic personal financial information to a new
				  category of nonaffiliated third party; or
* Discloses nonpublic personal financial information about a
				  former customer to a nonaffiliated third party, if that former customer has not
				  had the opportunity to exercise an opt-out right regarding that
				  disclosure.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.8 - Delivery of Notice

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A licensee
				shall provide any notices that these rules require so that each consumer can
				reasonably be expected to receive actual notice in writing or, if the consumer
				agrees, electronically.
a. Examples of
				reasonable expectation of actual notice by a licensee are as follows:
(1) Hand delivery of a printed copy of the
				notice to the consumer;
(2) Mailing
				a printed copy of the notice to the last-known address of the consumer
				separately or in a policy, billing or other written communication;
(3) For a consumer who conducts transactions
				electronically, posting the notice on the website and requiring the consumer to
				acknowledge receipt of the notice as a necessary step to obtaining a particular
				insurance product or service;
(4)
				For an isolated transaction with a consumer, such as the licensee providing an
				insurance quote or selling the consumer travel insurance, posting the notice
				and requiring the consumer to acknowledge receipt of the notice as a necessary
				step to obtaining the particular insurance product or service.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.9 - Limits on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A licensee may
				not directly or through any affiliate disclose any nonpublic personal financial
				information about a consumer to a nonaffiliated third party except as otherwise
				authorized in these rules unless the following occur:
a. The licensee has provided to the consumer
				an initial notice as required under rule
				191-90.3 (505);
b. The licensee has provided to the consumer
				an opt-out notice as required in rule
				191-90.6 (505);
c. The licensee has given the consumer a
				reasonable opportunity to opt out of the disclosure before the licensee
				discloses the information to the nonaffiliated third party; and
d. The consumer does not opt out.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.10 - Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In the event a
				licensee receives nonpublic personal financial information from a nonaffiliated
				financial institution under an exception to rules
				191-90.13 (505) and
				191-90.14 (505), the licensee's
				disclosure and use of that information is limited as follows:
a. The licensee may disclose the information
				to the affiliates of the financial institution from which the licensee received
				the information;
b. The licensee
				may disclose the information to its affiliates, but the licensee's affiliates
				may, in turn, disclose and use the information only to the extent that the
				licensee may disclose and use the information; and
c. The licensee may disclose and use the
				information pursuant to an exception in rule
				191-90.13 (505) or
				191-90.14 (505) in the ordinary
				course of business to carry out the activity covered by the exception under
				which the licensee received the information.
If a licensee receives information from a nonaffiliated
				  financial institution for claims settlement purposes, the licensee may disclose
				  the information for fraud prevention or in response to a properly authorized
				  subpoena. The licensee may not disclose that information to a third party for
				  marketing purposes or use that information for its own marketing
				  purposes.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.11 - Limits on Sharing Account Number Information for Marketing Purposes

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A licensee
				shall not directly or through an affiliate disclose, other than to a consumer
				reporting agency, a policy number or similar form of access number or access
				code for a consumer's policy or transaction account to any nonaffiliated third
				party for use in telemarketing, direct-mail marketing or marketing through
				electronic mail to the consumer.
(2) The above subrule does not apply if a
				licensee discloses a policy number or similar form of access number or access
				code to any of the following:
a. A licensee's
				service provider solely in order to perform marketing for the licensee's own
				products or services, as long as the service provider is not authorized to
				directly initiate charges to the account;
b. A licensee who is a producer solely in
				order to perform marketing for the licensee's own products or services;
				or
c. A participant in an affinity
				or similar program where the participants in the program are identified to the
				customer when the customer enters into the program.
A policy number or similar form of access number or access
				  code does not include a number or code in encrypted form as long as the
				  licensee does not provide the recipient with a means to decode the number or
				  code.
For purposes of this subrule, a policy or transaction account
				  is an account other than a deposit account or a credit card account. A policy
				  or transaction account does not include an account to which third parties
				  cannot initiate charges.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.12 - Exception to Opt-out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The opt-out
				requirements in rules
				191-90.6 (505) and
				191-90.9 (505) do not apply when
				a licensee provides nonpublic personal financial information to a nonaffiliated
				third party to perform services for the licensee or functions for the licensee
				on the licensee's behalf, if the licensee does the following:
a. Provides the initial notice in accordance
				with rule 191-90.3(505); and
b.
				Enters into a contractual agreement with the third party that prohibits the
				third party from disclosing or using the information other than to carry out
				the purposes for which the licensee disclosed the information, including use
				under an exception in rules
				191-90.13 (505) and
				191-90.14 (505) in the ordinary
				course of business to carry out those purposes.
For example, if a licensee discloses nonpublic personal
				  financial information under this rule to a financial institution with which the
				  licensee performs joint marketing, the licensee's contractual agreement with
				  that institution meets the requirements of paragraph
"b"
of
				  this subrule if it prohibits the institution from disclosing or using the
				  nonpublic personal financial information except as necessary to carry out the
				  joint marketing or under an exception in rules
				  191-90.13 (505) and
				  191-90.14 (505) in the ordinary
				  course of business to carry out that joint marketing.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.13 - Exceptions to Notice and Opt-out Requirements for Disclosure of Nonpublic Personal Financial Information for Processing and Servicing Transactions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				requirements for initial notice in paragraph 90.3(1)
"b,"
for
				the opt out in rules 191-90.6 (505) and
				191-90.9 (505), and for service
				providers and joint marketing in rule
				191-90.12 (505) do not apply if
				the licensee discloses nonpublic personal financial information as necessary to
				effect, administer or enforce a transaction that a consumer requests or
				authorizes, or in connection with the following:
a. Servicing or processing an insurance
				product or service that a consumer requests or authorizes;
b. Maintaining or servicing the consumer's
				account with a licensee, or with another entity as part of a private-label
				credit card program or other extension of credit on behalf of such
				entity;
c. A proposed or actual
				securitization, secondary market sale including sales of servicing rights, or
				similar transaction related to a transaction of the consumer; or
d. Reinsurance or stop loss or excess loss
				insurance.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.15 - Notice Through a Website

Current through Register Vol. 47, No. 3, July 24, 2024
If a licensee provides a notice on a website, the licensee
				  shall comply with the above requirements if the licensee uses text or visual
				  cues to encourage scrolling down the page if necessary to view the entire
				  notice and ensure that other elements on the website such as text, graphics,
				  hyperlinks or sound do not distract attention from the notice. In addition, the
				  licensee shall either place the notice on a screen that consumers frequently
				  access, such as a page on which transactions are conducted, or place a link on
				  a screen that consumers frequently access that connects directly to the notice
				  and is labeled appropriately to convey the importance, nature and relevance of
				  the notice.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.16 - Licensee Exception to Notice Requirement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A licensee is
				not subject to the notice and opt-out requirements for nonpublic personal
				financial information if:
a. The licensee is
				an employee, agent or other representative of another licensee; and
b. The other licensee otherwise complies
				with, and provides the notices required by, the provisions of the rules and the
				licensee does not disclose any nonpublic personal financial information to any
				person other than the other licensee or its affiliates in a manner permitted by
				these rules.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.17 - Disclosure of Nonpublic Personal Health Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A licensee
				shall not disclose nonpublic personal health information about a consumer or
				customer unless an authorization is obtained from the consumer or customer
				whose nonpublic personal health information is sought to be
				disclosed.
(2) Nothing in this rule
				shall prohibit, restrict or require an authorization for the disclosure of
				nonpublic personal health information by a licensee or the licensee's insurance
				affiliate for the performance of the following insurance functions by or on
				behalf of the licensee: claims administration; claims adjustment and
				management; detection, investigation or reporting of actual or potential fraud,
				misrepresentation or criminal activity; underwriting; policy placement or
				issuance; loss control; rate-making and guaranty fund functions; reinsurance
				and excess loss insurance; risk management; case management; disease
				management; quality assurance; quality improvement; performance evaluation;
				provider credentialing verification; utilization review; peer review
				activities; actuarial, scientific, medical or public policy research; grievance
				procedures; internal administration of compliance, managerial, and information
				systems; policyholder service functions; auditing; reporting; database
				security; administration of consumer disputes and inquiries; external
				accreditation standards; the replacement of a group benefit plan or workers'
				compensation policy or program; activities in connection with a sale, merger,
				transfer or exchange of all or part of a business or operating unit; any
				activity that permits disclosure without authorization pursuant to the federal
				Health Insurance Portability and Accountability Act privacy rules promulgated
				by the U.S. Department of Health and Human Services; disclosure that is
				required, or is one of the lawful or appropriate methods, to enforce the
				licensee's rights or the rights of other persons engaged in carrying out a
				transaction or providing a product or service that a consumer requests or
				authorizes; and any activity otherwise permitted by law, required pursuant to
				governmental reporting authority, or to comply with legal process. Additional
				insurance functions may be added with the approval of the commissioner to the
				extent they are necessary for appropriate performance of insurance functions
				and are fair and reasonable to the interest of consumers.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.18 - Authorizations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A valid
				authorization to disclose nonpublic personal health information pursuant to the
				health information rules as required under subrule 90.17(1) shall be in written
				or electronic form and shall contain all of the following:
a. The identity of the consumer or customer
				who is the subject of the nonpublic personal health information;
b. A general description of the types of
				nonpublic personal health information to be disclosed;
c. General descriptions of the parties to
				whom the licensee discloses nonpublic personal health information, the purpose
				of the disclosure and how the information will be used;
d. The signature of the consumer or customer
				who is the subject of the nonpublic personal health information or the
				individual who is legally empowered to grant authority and the date signed;
				and
e. Notice of the length of time
				for which the authorization is valid, the fact that the consumer or customer
				may revoke the authorization at any time, and the procedure for making a
				revocation.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.19 - Delivery of Authorization Request

Current through Register Vol. 47, No. 3, July 24, 2024
A request for authorization and an authorization form may be
				  delivered to a consumer or a customer as part of an opt-out notice pursuant to
				  rule 191-90.8 (505), provided that
				  the request and the authorization form are clear and conspicuous. An
				  authorization form is not required to be delivered to the consumer or customer
				  or included in any other notices unless the licensee intends to disclose
				  protected health information pursuant to subrule 90.17(1).
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.20 - Relationship to Federal Rules

Current through Register Vol. 47, No. 3, July 24, 2024
Irrespective of whether a licensee is subject to the federal
				  Health Insurance Portability and Accountability Act privacy rules promulgated
				  by the U.S. Department of Health and Human Services, if a licensee complies
				  with all requirements of the federal rules except for their effective date
				  provision, the licensee shall not be subject to the provisions of these health
				  information rules.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.21 - Relationship to State Laws

Current through Register Vol. 47, No. 3, July 24, 2024
Nothing in these health information rules shall preempt or
				  supersede existing state law related to medical records, health or insurance
				  information privacy.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.22 - Protection of Fair Credit Reporting Act

Current through Register Vol. 47, No. 3, July 24, 2024
Nothing in these rules shall be construed to modify, limit or
				  supersede the operations of the federal Fair Credit Reporting Act, and no
				  inference shall be drawn on the basis of the provisions of these rules
				  regarding whether information is transaction or experience information under
				  Section 603 of that Act.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.23 - Nondiscrimination

Current through Register Vol. 47, No. 3, July 24, 2024
A licensee shall not unfairly discriminate against any
				  consumer or customer because that consumer or customer has opted out from the
				  disclosure of the consumer's or customer's nonpublic personal financial
				  information pursuant to the provisions of this chapter.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.24 - Severability

Current through Register Vol. 47, No. 3, July 24, 2024
If any rule or portion of a rule of this chapter or its
				  applicability to any person or circumstance is held invalid by a court, the
				  remainder of the rules or the applicability of the provision to other persons
				  or circumstances shall not be affected.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.25 - Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
An insurer or producer or licensee that violates a
				  requirement of these rules shall be found to have committed a violation of Iowa
				  Code section 507B.4 in addition to any other
				  penalties provided by the laws of this state.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.26 - Effective Dates

Current through Register Vol. 47, No. 3, July 24, 2024
(1) These rules
				became effective November 13, 2000. However, in order to provide sufficient
				time for licensees to establish policies and systems to comply with the
				requirements of these rules, the commissioner extends the time for compliance
				until July 1, 2001.
(2) A licensee
				shall provide by July 1, 2001, an initial notice as required by rule
				191-90.3 (505) to consumers who
				are the licensee's customers on July 1, 2001. A licensee provides an initial
				notice to consumers who are its customers on July 1, 2001, if, by that date,
				the licensee has established a system for providing an initial notice to all
				new customers and has mailed the initial notice to all the licensee's existing
				customers.
(3) Until July 1, 2002,
				a contract that a licensee has entered into with a nonaffiliated third party to
				perform services for the licensee or functions on the licensee's behalf
				satisfies the provisions of paragraph 90.12(1)
"a,"
even if the
				contract does not include a requirement that the third party maintain
				confidentiality of nonpublic personal financial information, provided that the
				licensee entered into the agreement on or before July 1, 2001.
(4) The rules regarding health information
				are effective January 2, 2002, and no administrative action against
				noncompliance shall be taken until January 2, 2002.
Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.37 - Information Security Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each licensee
				shall implement a comprehensive written information security program that
				includes administrative, technical and physical safeguards for the protection
				of customer information. The administrative, technical and physical safeguards
				included in the information security program shall be appropriate to the size
				and complexity of the licensee and the nature and scope of the licensee's
				activities.
(2) A licensee's
				information security program shall be 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
				information; and
c. Protect against
				unauthorized access to or use of the information that could result in
				substantial harm or inconvenience to any customer.