reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-08 - Group Insurance › Chapter 45-08-02 - Group Coverage Discontinuance and Replacement Model Regulation › Section 45-08-02-07 - Continuance of coverage in situations involving replacement of one carrier by another

Current through Supplement No. 393, July, 2024
1. This section
				shall indicate the carrier responsible for liability in those instances in
				which one carrier's (succeeding carrier) contract replaces a plan of similar
				benefits of another (prior contract).
2. Liability of prior carrier. The prior
				carrier remains liable only to the extent of its accrued liabilities and
				extensions of benefits. The position of the prior carrier is the same whether
				the group policyholder or other entity secures replacement coverage from a new
				carrier, self-insures, or foregoes the provision of coverage.
3. Liability of succeeding carrier.
a.
(1) If
				the individual was validly covered under the prior plan on the date of
				discontinuance, each individual who is eligible for coverage in accordance with
				the succeeding carrier's plan of benefits with respect to the class or classes
				of individuals eligible for coverage under the succeeding carrier's plan and
				any actively-at-work and nonconfinement rules and requests enrollment shall be
				enrolled and covered by the succeeding carrier's plan of benefits.
(2) In the case of health insurance coverage:
(a) A succeeding carrier shall not have any
				nonconfinement rules in its plan of benefits; and
(b) Any actively-at-work rules provided in
				the succeeding carrier's plan of benefits shall provide that absence from work
				due to any health status-related factor be treated as being actively at work.
(3) For purposes of
				this paragraph, "health status-related factor" means any of the following
				factors:
(a) Health status;
(b) Medical condition, including both
				physical and mental illnesses;
(c)
				Claims experience;
(d) Receipt of
				health care;
(e) Medical history;
(f) Genetic information;
(g) Evidence of insurability,
				including conditions arising out of acts of domestic violence; or
(h) Disability.
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-09 - Regulation of Unauthorized Insurers and Insurance › Chapter 45-09-01 - Surplus lines insurance › Section 45-09-01-01 - Definitions

Current through Supplement No. 393, July, 2024
Unless otherwise defined, or made inappropriate by context,
				  all words used in this chapter have meanings given to them under North Dakota
				  Century Code chapters 26.1-02, 26.1-26, and 26.1-44.
General Authority: NDCC 26.1-44-09
Law Implemented: NDCC
					 26.1-44
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-09 - Regulation of Unauthorized Insurers and Insurance › Chapter 45-09-01 - Surplus lines insurance › Section 45-09-01-02 - Surplus lines insurance producer application

Current through Supplement No. 393, July, 2024
The insurance commissioner will not issue a resident surplus
				  lines insurance producer's license until the applicant has met the requirements
				  of North Dakota Century Code section 26.1-26-17, has completed and filed with
				  the commissioner a completed application for a surplus lines insurance producer
				  license, and paid the license fee. An applicant for a nonresident surplus lines
				  insurance producer license must hold an active resident surplus lines insurance
				  producer license in the applicant's home state and must complete and file with
				  the commissioner an application for a nonresident surplus lines insurance
				  producer license and pay the license fee.
General Authority: NDCC 26.1-26-49, 26.1-44-09
Law Implemented: NDCC 26.1-26-17,
					 26.1-26-20
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-09 - Regulation of Unauthorized Insurers and Insurance › Chapter 45-09-01 - Surplus lines insurance › Section 45-09-01-03 - Surplus lines insurance producer must conduct search

Current through Supplement No. 393, July, 2024
The licensed surplus lines insurance producer seeking the
				  placement of nonadmitted insurance must conduct a diligent search to ascertain
				  whether the insurance, indemnity contract, or surety bond can be procured from
				  a company authorized to do business in this state. The surplus lines insurance
				  producer may rely on a diligent search done by a licensed insurance producer or
				  the insured if the surplus lines insurance producer deems it sufficient.
General Authority:
NDCC 26.1-44-09
Law Implemented:
NDCC
					 26.1-44-02
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-09 - Regulation of Unauthorized Insurers and Insurance › Chapter 45-09-01 - Surplus lines insurance › Section 45-09-01-04 - Presumption - Diligent search

Current through Supplement No. 393, July, 2024
A presumption that a diligent search has been made and that
				  the insurance producer was unable to procure the insurance, indemnity contract,
				  or surety bond desired from a company authorized to do business in this state
				  is created when the insurance, contract, or bond is written in one of the
				  categories set out in Appendix I.
General Authority: NDCC 26.1-44-09
Law Implemented: NDCC
					 26.1-44-02
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-09 - Regulation of Unauthorized Insurers and Insurance › Chapter 45-09-01 - Surplus lines insurance › Section 45-09-01-05 - Other acceptable lines of coverage

Current through Supplement No. 393, July, 2024
The categories designated in Appendix I are not to be
				  considered as the only lines of coverage in which unauthorized insurers may be
				  used. Other categories of coverage not listed may be acceptable because of
				  special underwriting considerations, i.e., losses, high exposure, etc. Any
				  exceptions must be fully explained on the surplus lines report of placement.
The securing of advantage as to lower premium rates or as to
				  the terms of the insurance contract do not constitute justification nor are
				  they special underwriting considerations sufficient to allow the surplus lines
				  broker to use an unauthorized company nor lines of coverage other than those
				  designated in Appendix I.
General Authority: NDCC 26.1-44-09
Law Implemented: NDCC
					 26.1-44-02
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-09 - Regulation of Unauthorized Insurers and Insurance › Chapter 45-09-01 - Surplus lines insurance › Appendix I - Categories of Acceptable Surplus Lines Coverage

Current through Supplement No. 393, July, 2024
The following categories of surplus lines coverage are not
				  the only lines which may be written in North Dakota. Other lines of coverage
				  not on this list may be acceptable because of special underwriting
				  considerations. Any exceptions must be fully explained on the surplus lines
				  report of placement.
If the coverage written is in an approved category, there is
				  a presumption that after diligent search the insurance, indemnity contract, or
				  surety bond desired cannot be procured from a company authorized to do business
				  in this state.
These categories may be changed from time to time at the
				  discretion of the insurance commissioner subject to provisions of North Dakota
				  Century Code chapter 28-32, the Administrative Agencies Practice Act.
1. Fiduciary liability.
2. Commercial cyber insurance (inclusive of
				first-party and/or third-party commercial cyber insurance coverage).
3. Professional liability (E & O) except
				for hospitals.
4. Directors and
				officers.
5. Ocean marine cargo,
				liability and hull.
6. Hazardous
				cargo and short-term trip transit.
7. Bridges (large).
8. Heavy woodworking property (unprotected,
				high-value sawmills).
9. Product
				liability (hazardous). 10. Ski lifts and tows' liability.
11. Fireworks, ammunition, fuse, cartridges,
				power, nitroglycerine, explosive gases.
12. Environmental impairment -
				pollution.
13. Kidnap
				ransom.
14. Oil and gas liability
				and marine.
15. Livestock mortality
				(high values and unusual).
16.
				Short tail (hole-in-one, 300 bowling score, etc.).
17. Large utilities (generation,
				transmission).
18. Building
				demolition and moving.
19. Mono
				line liquor legal liability.
20.
				Surcharged fire and allied lines excluding uncontrolled marine.
21. High-value substandard private passenger
				automobile.
22. Commercial
				automobile physical damage coverage in excess of rating organizations' filed
				rates.
23. Any excess liability
				coverages.
24. Day care liability
				insurance coverages.
General Authority:
NDCC 26.1-44-09
Law Implemented:
NDCC
					 26.1-44-02
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-10 › Chapter 45-10-02 › Section 45-10-02-04

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 23-37-05,
					 28-32-02
Law Implemented:
NDCC 23-37-10,
					 23-37-19
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-10 › Chapter 45-10-02 › Section 45-10-02-05

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 23-37-05, 28-32-02
Law Implemented:
NDCC 23-37-18, 23-37-20,
					 23-37-23
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-10 › Chapter 45-10-02 › Section 45-10-02-06

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 23-37-05,
					 28-32-02
Law Implemented:
NDCC 23-37-18, 23-37-20,
					 23-37-23, 23-37-24
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-11 - Life and Health Insurance Guaranty Association › Chapter 45-11-01 - Notice to Policy Owners › Section 45-11-01-01 - Required notice to policy owners

Current through Supplement No. 393, July, 2024
A document that describes the general purposes and current
				  limitations of the North Dakota life and health insurance guaranty association
				  as required by subsections 2 and 3 of section 26.1-38.1-16 of the North Dakota
				  Century Code must be in the form and contain the language printed in the notice
				  shown in exhibit A.
General Authority:
NDCC 26.1-38.1-16
Law Implemented:
NDCC
					 26.1-38.1-16
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-11 - Life and Health Insurance Guaranty Association › Chapter 45-11-01 - Notice to Policy Owners › Exhibit A

Current through Supplement No. 393, July, 2024
(Exhibit A cannot be accurately reproduced for publication.
				  Users should contact the Insurance Commissioner to obtain a correct
				  copy)
NOTICE OF PROTECTION PROVIDED BY THE NORTH DAKOTA LIFE
				  AND HEALTH INSURANCE GUARANTY ASSOCIATION
This notice provides a brief summary of the North Dakota Life
				  and Health Insurance Guaranty Association ("the Association") and the
				  protection it provides for policyholders. This safety net was created under
				  North Dakota law, which determines who and what is covered and the amounts of
				  coverage.
The Association was established to provide protection in the
				  unlikely event that your life, annuity or health insurance company becomes
				  financially unable to meet its obligations and is taken over by its Insurance
				  Department. If this should happen, the Association will typically arrange to
				  continue coverage and pay claims, in accordance with North Dakota law, with
				  funding from assessments paid by other insurance companies. (For purposes of
				  this notice, the terms "insurance company" and "insurer" include health
				  maintenance organizations (HMOs).)
The protections provided by the Association are based on
				  contract obligations up to the following amounts:
1. Life Insurance
a. $300,000 in death benefits
b. $100,000 in cash surrender or withdrawal
				values
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-12 › Chapter 45-12-11 › Section 45-12-11-01

Current through Supplement No. 393, July, 2024
General Authority: NDCC 26.1-22.1-14
Law Implemented: NDCC 26.1-22.1-09,
					 26.1-22.1-14
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-12 › Chapter 45-12-11 › Section 45-12-11-02

Current through Supplement No. 393, July, 2024
General Authority: NDCC 26.1-22.1-14
Law Implemented: NDCC 26.1-22.1-09,
					 26.1-22.1-14
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-12 › Chapter 45-12-11 › Section 45-12-11-03

Current through Supplement No. 393, July, 2024
General Authority: NDCC 26.1-22.1-14
Law Implemented: NDCC 26.1-22.1-09,
					 26.1-22.1-14
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-12 › Chapter 45-12-11 › Section 45-12-11-04

Current through Supplement No. 393, July, 2024
General Authority: NDCC 26.1-22.1-14
Law Implemented: NDCC 26.1-22.1-09,
					 26.1-22.1-14
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-12 › Chapter 45-12-11 › Section 45-12-11-05

Current through Supplement No. 393, July, 2024
General Authority: NDCC 26.1-22.1-14
Law Implemented: NDCC 26.1-22.1-09,
					 26.1-22.1-14
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-12 › Chapter 45-12-11 › Section 45-12-11-06

Current through Supplement No. 393, July, 2024
General Authority: NDCC 26.1-22.1-14
Law Implemented: NDCC 26.1-22.1-09,
					 26.1-22.1-14
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-12 › Chapter 45-12-11 › Section 45-12-11-07

Current through Supplement No. 393, July, 2024
General Authority: NDCC 26.1-22.1-14
Law Implemented: NDCC 26.1-22.1-09,
					 26.1-22.1-14
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-12 › Chapter 45-12-11 › Section 45-12-11-08

Current through Supplement No. 393, July, 2024
General Authority: NDCC 26.1-22.1-14
Law Implemented: NDCC 26.1-22.1-09,
					 26.1-22.1-14
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-13 - Lines of Insurance › Chapter 45-13-01 - Lines of Insurance › Section 45-13-01-01 - Lines of insurance

Current through Supplement No. 393, July, 2024
An insurance company or an insurance agent may apply to
				  engage in insurance activities in one or more of the following lines of
				  insurance:
1. Life and annuity.
2. Accident and health.
3. Property.
4. Casualty.
5. Variable life and annuity.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 26.1-05-02, 26.1-12-11,
					 26.1-26-11
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-13 - Lines of Insurance › Chapter 45-13-01 - Lines of Insurance › Section 45-13-01-03 - Products relating to more than one line of insurance -Combination products

Current through Supplement No. 393, July, 2024
Certain insurance products may involve two or more lines of
				  insurance. A company marketing a combination product must carry authorization
				  for each of the respective lines of insurance. Products involving a combination
				  of property and casualty lines of insurance include aircraft, auto commercial,
				  auto private passenger, boat owners, business owners, condominium owners, farm
				  owners, garage keepers, homeowners, mobile homeowners, special multi-peril,
				  commercial multi-peril package, and tenants. Products involving a combination
				  of life and annuity, and accident and health lines of insurance include
				  multi-line credit, multi-line life and health, and multi-line association and
				  employer. Products involving a combination of property and casualty, and
				  accident and health lines of insurance include multi-line association and
				  employer, travel, and multi-line credit.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 26.1-05-02.1, 26.1-12-11.1,
					 26.1-26-11.1
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-13 - Lines of Insurance › Chapter 45-13-01 - Lines of Insurance › Section 45-13-01-04 - Prepaid legal service

Current through Supplement No. 393, July, 2024
An insurance company that markets prepaid legal services
				  must be licensed as a prepaid legal service organization and comply with
				  chapter 26.1-19 of the North Dakota Century Code before transacting business in
				  this state.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 26.1-19
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-01 - Authority

Current through Supplement No. 393, July, 2024
This rule is adopted under North Dakota Century Code section
				  26.1-02-27.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 26.1-02-27
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-02 - Purpose and scope

Current through Supplement No. 393, July, 2024
1.
Purpose.
This chapter governs the treatment of nonpublic personal health
				information and nonpublic personal financial information about individuals by
				all licensees of the state insurance department. This chapter:
a. Requires a licensee to provide notice to
				individuals about its privacy policies and practices;
b. Describes the conditions under which a
				licensee may disclose nonpublic personal health information and nonpublic
				personal financial information about individuals to affiliates and
				nonaffiliated third parties; and
c. Provides methods for individuals to
				prevent a licensee from disclosing that information.
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-03 - Rule of construction

Current through Supplement No. 393, July, 2024
The examples in this chapter and the sample clauses in
				  appendix A are not exclusive. Compliance with an example or use of sample
				  clause, to the extent applicable, constitutes compliance with this chapter.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 26.1-02-27
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-05 - Initial privacy notice to consumers required

Current through Supplement No. 393, July, 2024
1.
Initial notice requirement.
A
				licensee shall provide a clear and conspicuous notice that accurately reflects
				its privacy policies and practices to:
a.
				Customer. An individual who becomes the licensee's customer, not later than
				when the licensee establishes a customer relationship, except as provided in
				subsection 5; and
b. Consumer. A
				consumer, when the licensee requests authorization to disclose any nonpublic
				personal financial information about the consumer to any nonaffiliated third
				party, if the licensee makes a disclosure other than as authorized by sections
				45-14-01-15 and
				45-14-01-16.
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-06 - Annual privacy notice to customers required

Current through Supplement No. 393, July, 2024
1.
a.
				General rule. 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 twelve consecutive months during which
				that relationship exists. A licensee may define the twelve-consecutive-month
				period, but the licensee shall apply it to the customer on a consistent
				basis.
b. Example. A licensee
				provides a notice annually if it defines the twelve-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
				one, the licensee shall provide an annual notice to that customer by December
				31 of year two.
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-07 - Information to be included in privacy notices

Current through Supplement No. 393, July, 2024
1.
General rule.
The initial,
				annual, and revised privacy notices that a licensee provides under sections
				45-14-01-05,
				45-14-01-06, and
				45-14-01-09 shall include each of
				the following items of information, in addition to any other information the
				licensee wishes to provide, that applies 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 whom the licensee discloses nonpublic personal
				financial information, other than those parties to whom the licensee discloses
				information under sections
				45-14-01-15 and
				45-14-01-16;
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
				whom the licensee discloses nonpublic personal financial information about the
				licensee's former customers, other than those parties to whom the licensee
				discloses information under sections 45-14-01 -15 and
				45-14-01-16;
e. If a licensee discloses nonpublic personal
				financial information to a nonaffiliated third party under section
				45-14-01-14, and no other
				exception in sections
				45-14-01-15 and
				45-14-01-16 applies to that
				disclosure, a separate description of the categories of information the
				licensee discloses and the categories of third parties with whom the licensee
				has contracted;
f. An explanation
				of the consumer's right under subsection 1 of section
				45-14-01-11 to authorize or not to
				authorize 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 [
				15 U.S.C.
				1681 a(d)(2)(A)(iii) ] (that is, notices
				regarding the ability to opt out of disclosures of information among
				affiliates);
h. The licensee's
				policies and practices with respect to protecting the confidentiality and
				security of nonpublic personal information; and
i. Any disclosure that the licensee makes
				under subsection 2.
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-08 - Notice to consumers regarding request for authorization

Current through Supplement No. 393, July, 2024
1.
a. Form
				of notice. If a licensee is required to provide notice under subsection 1 of
				section 45-14-01-11, it shall provide a
				clear and conspicuous notice to each of its consumers that accurately explains
				the right to authorize disclosures under that section. The notice shall state:
(1) That the licensee may only disclose
				nonpublic personal financial information about its consumer to a nonaffiliated
				third party if the licensee first obtains authorization from the consumer; and
(2) That the consumer has the
				right to authorize or not to authorize that disclosure.
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-09 - Revised privacy notices

Current through Supplement No. 393, July, 2024
1.
General rule.
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 section
				45-14-01-05, unless:
a. The licensee has provided to the consumer
				a clear and conspicuous revised notice that accurately describes its policies
				and practices;
b. The licensee has
				provided a new notice to the consumer regarding requests for authorization and
				a new authorization; and
c. The
				licensee has obtained authorization from the consumer whose nonpublic personal
				financial information is sought to be disclosed.
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-10 - Delivery

Current through Supplement No. 393, July, 2024
1. How to provide notices. A licensee shall
				provide any notices that this rule requires so that each consumer can
				reasonably be expected to receive actual notice in writing or, if the consumer
				agrees, electronically.
2.
a. Examples of reasonable expectation of
				actual notice. A licensee may reasonably expect that a consumer will receive
				actual notice if the licensee:
(1) Hand
				delivers a printed copy of the notice to the consumer;
(2) Mails 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, posts the notice on
				the electronic site and requires the consumer to acknowledge receipt of the
				notice as a necessary step to obtaining a particular insurance product or
				service; or
(4) For an isolated
				transaction with a consumer, such as the licensee providing an insurance quote
				or selling the consumer travel insurance, posts the notice and requires the
				consumer to acknowledge receipt of the notice as a necessary step to obtaining
				the particular insurance product or service.
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-11 - Limits on disclosure of nonpublic personal financial information to nonaffiliated third parties

Current through Supplement No. 393, July, 2024
1.
a. Conditions for disclosure. Except as
				otherwise authorized in this rule, a licensee may not, directly or through any
				affiliate, disclose any nonpublic personal financial information about a
				consumer to a nonaffiliated third party unless:
(1) The licensee has provided to the consumer
				an initial notice as required under section
				45-14-01-05;
(2) The licensee has provided to the consumer
				a notice as required in section
				45-14-01-08; and
(3) An authorization is obtained from the
				consumer whose nonpublic personal information is sought to be disclosed.
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-12 - Limits on redisclosure and reuse of nonpublic personal financial information

Current through Supplement No. 393, July, 2024
1.
a. Information the licensee receives under an
				exception. If a licensee receives nonpublic personal financial information from
				a nonaffiliated financial institution under an exception in section
				45-14-01-15 or
				45-14-01-16, the licensee's
				disclosure and use of that information is limited as follows:
(1) The licensee may disclose the information
				to the affiliates of the financial institution from which the licensee received
				the information;
(2) 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
(3) The licensee may disclose and use the
				information pursuant to an exception in section 45-14-01 -15 or 45-14-01 -16,
				in the ordinary course of business to carry out the activity covered by the
				exception under which the licensee received the information.
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-13 - Limits on sharing account number information for marketing purposes

Current through Supplement No. 393, July, 2024
1.
General prohibition on disclosure of
				account numbers.
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 other marketing through electronic mail to the consumer.
2.
Exceptions.
Subsection 1 does not apply if a licensee discloses a policy number or
				similar form of access number or access code:
a. To the 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. To a licensee who
				is a producer solely in order to perform marketing for the licensee's own
				products or services; or
c. To a
				participant in an affinity or similar program when the participants in the
				program are identified to the customer when the customer enters into the
				program.
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-14 - Exception to authorization requirements for disclosure of nonpublic personal financial information for service providers and joint marketing

Current through Supplement No. 393, July, 2024
1.
General rule.
a. The notice and authorization requirements
				in sections 45-14-01 -08 and
				45-14-01-11 do not apply when a
				licensee provides nonpublic personal financial information to a nonaffiliated
				third party to perform services for the licensee or functions on the licensee's
				behalf, if the licensee provides the initial notice in accordance with section
				45-14-01-05 and 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 section 45-14-01 -15 or 45-14-01 -16 in the ordinary course of business to
				carry out those purposes.
b.
				Example. If a licensee discloses nonpublic personal financial information under
				this section to a financial institution with which the licensee performs joint
				marketing, the licensee's contractual agreement with that institution meets the
				requirements of subdivision a 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 section
				45-14-01-15 or
				45-14-01-16 in the ordinary course
				of business to carry out that joint marketing.
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-15 - Exceptions to notice and authorization requirements for disclosure of nonpublic personal financial information for processing and servicing transactions

Current through Supplement No. 393, July, 2024
1. Exceptions for processing transactions at
				consumer's request. The requirements for initial notice in subdivision b of
				subsection 1 of section
				45-14-01-05, for notice and
				authorization in sections
				45-14-01-08 and
				45-14-01-11 and for service
				providers and joint marketing in section
				45-14-01-14 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:
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;
d. Reinsurance or stop-loss or excess loss
				insurance;
e. Informing a
				policyholder or the policyholder's producer or broker with respect to a claim
				asserted by, or paid to, a consumer under the policy and servicing and
				processing such claim; or
f.
				Maintaining or servicing a customer's account as authorized by the customer,
				orally or otherwise, or as necessary to replace an insurance product or service
				that is nonrenewed as a result of the withdrawal of an insurer from a market.
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-17 - When authorization required for disclosure of nonpublic personal health information

Current through Supplement No. 393, July, 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 section shall prohibit,
				restrict, or require an authorization for the disclosure of nonpublic personal
				health information by a licensee for the performance of the following insurance
				functions by or on behalf of the licensee or its affiliate: 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; ratemaking
				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; data base 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 United States 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.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 26.1-02-27
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-18 - Authorizations

Current through Supplement No. 393, July, 2024
1. A valid authorization to disclose
				nonpublic personal health information pursuant to sections
				45-14-01-17 through
				45-14-01-21 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 and that the consumer or customer may
				revoke the authorization at any time and the procedure for making a revocation.
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-19 - Authorization request delivery

Current through Supplement No. 393, July, 2024
A request for authorization and an authorization form may be
				  delivered to a consumer or a customer pursuant to section
				  45-14-01-10, 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 subsection 1 of section
				  45-14-01-17.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 26.1-02-27
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-20 - Relationship to federal rules

Current through Supplement No. 393, July, 2024
Irrespective of whether a licensee is subject to the federal
				  Health Insurance Portability and Accountability Act privacy rule as promulgated
				  by the United States department of health and human services [45 CFR subtitle
				  A, subchapter C, part 160] (the "federal rule"), if a licensee complies with
				  all requirements of the federal rule except for its effective date provision,
				  the licensee shall not be subject to the provisions of sections
				  45-14-01-17 through
				  45-14-01-21.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 26.1-02-27
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-21 - Relationship to state laws

Current through Supplement No. 393, July, 2024
Nothing in this rule shall preempt or supersede existing
				  state law related to medical records, health, or insurance information privacy.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 26.1-02-27
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-22 - Protection of Fair Credit Reporting Act

Current through Supplement No. 393, July, 2024
Nothing in this rule shall be construed to modify, limit, or
				  supersede the operation of the federal Fair Credit Reporting Act [
				  15 U.S.C.
				  1681 et seq.], and no inference shall be
				  drawn on the basis of the provisions of this rule regarding whether information
				  is transaction or experience information under section 603 of that Act.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 26.1-02-27
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-23 - Nondiscrimination

Current through Supplement No. 393, July, 2024
1. A licensee shall not unfairly discriminate
				against any consumer or customer because that consumer or customer has opted
				out from the disclosure of the person's nonpublic personal financial
				information pursuant to the provisions of this regulation.
2. A licensee shall not unfairly discriminate
				against a consumer or customer because that consumer or customer has not
				granted authorization for the disclosure of the person's nonpublic personal
				health information pursuant to the provisions of this rule.
3. Usual, appropriate, or acceptable
				insurance underwriting methods are not discriminatory practices for the
				purposes of this section.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 26.1-02-27
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-24 - Severability

Current through Supplement No. 393, July, 2024
If any section or portion of a section of this chapter or
				  its applicability to any person or circumstance is held invalid by a court. the
				  remainder of the rule or the applicability of the provision to other persons or
				  circumstances shall not be affected.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 26.1-02-27
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Section 45-14-01-25 - Effective date

Current through Supplement No. 393, July, 2024
This chapter shall become effective November 1, 2004. As of
				  that date, nonpublic personal information, regardless as to when the
				  information was collected by a licensee, may not be shared with a nonaffiliated
				  third party except as authorized by the consumer or customer, or except as
				  permitted under subsection 2 of section
				  45-14-01-13 or section
				  45-14-01-14,
				  45-14-01-15, or
				  45-14-01-16. An initial privacy
				  notice or an annual privacy notice issued after November 1, 2004, must comply
				  with the revised privacy notice requirements of this chapter.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 26.1-02-27
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-02 - Information Security Program › Section 45-14-02-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter:
1. "Customer" means "customer" as defined in section
				  45-14-01-04.
2. "Customer information" means "nonpublic personal financial
				  information", as defined in section
				  45-14-01-04, about a customer,
				  whether in paper, electronic, or other form that is maintained by or on behalf
				  of the licensee.
3. "Customer information system" means the methods used to
				  access, collect, store, use, transmit, protect, or dispose of customer
				  information.
4. "Licensee" means "licensee" as defined in section
				  45-14-01-04.
5. "Service provider" means a person that provides services
				  to the licensee and maintains, possesses, or otherwise is permitted access to
				  customer information.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 26.1-02-27
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-02 - Information Security Program › Section 45-14-02-02 - Information security program

Current through Supplement No. 393, July, 2024
Each licensee shall implement a comprehensive written
				  information security program that includes administrative, technical, and
				  physical safeguards for the protection of customer information that is
				  appropriate to the size and complexity of the licensee and the nature and scope
				  of its activities. Each information security program shall be designed to
				  ensure the security and confidentiality of customer information, protect
				  against any anticipated threats or hazards to the security or integrity of
				  customer information, and protect against unauthorized access to, or use of,
				  customer information that could result in substantial harm or inconvenience to
				  any customer.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 26.1-02-27
North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-02 - Information Security Program › Section 45-14-02-03 - Developing and implementing an information security program

Current through Supplement No. 393, July, 2024
The actions and procedures described in this section are
				  examples of methods of implementation of this chapter. These examples are
				  nonexclusive illustrations of practices and procedures that a licensee may
				  follow to implement this chapter.
1.
				Each licensee identifies reasonably foreseeable internal or external threats
				that could result in unauthorized disclosure, misuse, alteration, or
				destruction of customer information or customer information systems. Each
				licensee assesses the likelihood and potential damage of the risks presented by
				the threats it has identified, taking into consideration the sensitivity of
				customer information. Each licensee assesses the sufficiency of the policies
				and procedures it has in place to control the risks it has identified.
2. Each information security
				program is designed to control the identified risks, commensurate with the
				sensitivity of the information and the complexity and scope of the licensee's
				activities. Each licensee trains staff, as appropriate, to implement the
				licensee's information security program and regularly tests or otherwise
				monitors the key controls, systems, and procedures of its information security
				program.
3. Each licensee
				exercises due diligence in selecting service providers and obtains satisfactory
				assurances from the service provider that it will appropriately safeguard the
				information to meet the objectives of section
				45-14-02-02.
4. Each licensee monitors, evaluates, and
				adjusts, as appropriate, its information security program to reflect any
				relevant changes in technology, the sensitivity of its customer information,
				internal or external threats to information, and the licensee's own changing
				business arrangements, such as mergers and acquisitions, alliances and joint
				ventures, outsourcing arrangements, and changes to its customer information
				systems.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 26.1-02-27