Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Coverage for Pediatric Preventive Services › Chapter 90 - Financial and Health Information Regulation › Rule 191-90.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of these rules, the following definitions
				  shall apply:
"Affiliate"
means any company that controls,
				  is controlled by or is under common control with another company.
"Clear and conspicuous"
means that a notice
				  is reasonably understandable and designed to call attention to the nature and
				  significance of the information in the notice.
"Collect"
means to obtain information that
				  the licensee organizes or can retrieve by the name of an individual or by
				  identifying number, symbol or other identifying article assigned to the
				  individual, irrespective of the source of the underlying information.
"Commissioner"
means the insurance
				  commissioner.
"Company"
means a corporation, limited
				  liability company, business trust, general or limited partnership, association,
				  sole proprietorship or similar organization.
"Consumer"
means an individual, or that
				  individual's legal representative, who seeks to obtain, obtains or has obtained
				  from a licensee an insurance product or service that is to be used primarily
				  for personal, family or household purposes and about whom the licensee has
				  nonpublic personal information. "Consumer" includes any of the
				  following:
1. An individual who
				provides nonpublic personal information to a licensee in connection with
				obtaining or seeking to obtain financial, investment or economic advisory
				services relating to an insurance product or service is a consumer regardless
				of whether the licensee establishes an ongoing advisory relationship.
2. An applicant for insurance prior to the
				inception of insurance coverage is a licensee's consumer.
3. An individual is a licensee's consumer if:
* The individual is a beneficiary of a life insurance policy
				  underwritten by the licensee;
* The individual is a claimant under an insurance policy
				  issued by the licensee;
* The individual is an insured or an annuitant under an
				  insurance policy or an annuity, respectively, issued by the licensee; or
* The individual is a mortgagor of a mortgage covered under a
				  mortgage insurance policy; and
* The licensee discloses nonpublic personal financial
				  information about the individual to a nonaffiliated third party other than as
				  permitted under rules
				  191-90.12 (505),
				  191-90.13 (505) and
				  191-90.14 (505) of this
				  chapter.
An individual who is a consumer of another financial
				  institution is not a licensee's consumer solely because the licensee is acting
				  as agent for, or provides processing or other services to, that financial
				  institution.
An individual is not the consumer of the licensee provided
				  that the licensee provides the initial, annual and revised notices required
				  under rules 191-90.3 (505),
				  191-90.4 (505), and
				  191-90.7 (505) to the plan
				  sponsor, group or blanket insurance policyholder or group annuity contract
				  holder, workers' compensation plan participant, or further, provided that the
				  licensee does not disclose to a nonaffiliated third party nonpublic personal
				  financial information about such an individual other than as permitted under
				  rules 191-90.12 (505),
				  191-90.13 (505), and
				  191-90.14 (505) and solely due
				  to any of the following:
a. The
				consumer is a participant in or a beneficiary of an employee benefit plan that
				the licensee administers or sponsors or for which the licensee acts as a
				trustee, insurer or fiduciary,
b.
				The consumer is covered under a group or blanket insurance policy or group
				annuity contract issued by the licensee, or
c. The consumer is a beneficiary in a
				workers' compensation plan.
However, an individual described in
"a"
through
"c"
is a consumer of a licensee if the licensee does
				  not meet all the above conditions. In no event shall an individual solely by
				  virtue of the status described in
"a"
through
"c"
above be deemed a customer for purposes of this
				  chapter.
An individual is not a licensee's consumer solely because the
				  individual is a beneficiary of a trust for which the licensee is a trustee or
				  because the individual has designated the licensee as trustee for a
				  trust.