reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146a - PRIVACY OF CONSUMER FINANCIAL INFORMATION › Subchapter A - GENERAL PROVISIONS › Section 146a.3 - Examples and safe harbor

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Compliance.
If a licensee uses an example, sample clause or
				  Federal model privacy form, the licensee shall be considered compliant with a
				  corresponding requirement of this chapter to the extent applicable. Licensees
				  may rely on the Federal model privacy form used in accordance with its attached
				  instructions as a safe harbor for compliance with the requirements of this
				  section related to privacy notice content.
(b)
Nonexclusive means of compliance.
The examples in this chapter, the sample clauses in Appendix A
				  (relating to sample clauses) and the Federal model privacy form are not the
				  exclusive means of compliance with the requirements of this chapter. Licensees
				  may continue to use other types of privacy notices, including notices that
				  contain examples or the sample clauses in Appendix A, or both, provided that
				  the notices accurately describe the licensee's privacy practices and otherwise
				  meet the privacy notice content requirements of this chapter.
(c)
Sunset of safe harbor for sample
				  clauses in Appendix A.
While licensees may continue to use privacy
				  notices that contain examples and the sample clauses in Appendix A, licensees
				  may not rely on the use of privacy notices containing the sample clauses in
				  Appendix A as a safe harbor for compliance with the privacy notice content
				  requirements of this chapter after July 1, 2019.
The provisions of this §
												146a.3 issued under sections 206,
						506, 1501 and 1502 of The Administrative Code of 1929 (71 P.S.
						§§
													66,
						186,
						411 and
						412); and the Unfair
						Insurance Practices Act (40 P.S. §§
													1171.1-1171.15).
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146a - PRIVACY OF CONSUMER FINANCIAL INFORMATION › Subchapter B - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 146a.11 - Initial privacy notice to consumers required

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Initial notice
				  requirement
. A licensee shall provide a clear and conspicuous notice
				  that accurately reflects its privacy policies and practices to:
(1)
Customer
. An individual
				  who becomes the licensee's customer, not later than when the licensee
				  establishes a customer relationship, except as provided in subsection
				  (e).
(2)
Consumer
. A consumer, before the licensee discloses nonpublic personal financial
				  information about the consumer to any nonaffiliated third party, if the
				  licensee makes a disclosure other than as authorized by §§
											146a.32 and
				  146a.33 (relating to exceptions to
				  notice and opt out requirements for disclosure of nonpublic personal financial
				  information for processing and servicing transactions; and other exceptions to
				  notice and opt out requirements for disclosure of nonpublic personal financial
				  information).
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146a - PRIVACY OF CONSUMER FINANCIAL INFORMATION › Subchapter B - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 146a.12 - Annual privacy notice to customers required

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Notice.
(1)
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 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.
(2)
Example.
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.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146a - PRIVACY OF CONSUMER FINANCIAL INFORMATION › Subchapter B - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 146a.14 - Form of opt out notice to consumers and opt out methods

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Opt out notice
.
(1)
Form of opt out notice
.
				  If a licensee is required to provide an opt out notice under §
											146a.21(a) 
				  (relating to limitation on disclosure of nonpublic personal financial
				  information to nonaffiliated third parties), it shall provide a clear and
				  conspicuous notice to each of its consumers that accurately explains the right
				  to opt out under that section. The notice shall state all of the following:
(i) That the licensee discloses or reserves
				  the right to disclose nonpublic personal financial information about its
				  consumer to a nonaffiliated third party.
(ii) That the consumer has the right to opt
				  out of that disclosure.
(iii) A
				  reasonable means by which the consumer may exercise the opt out
				  right.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146a - PRIVACY OF CONSUMER FINANCIAL INFORMATION › Subchapter B - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 146a.15 - Revised privacy notices

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. Except as otherwise authorized in this chapter,
				  a licensee may 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 §
										146a.11 (relating to initial
				  privacy notice to consumers required), unless all of the following conditions
				  are met:
(1) The licensee has provided to the
				  consumer a clear and conspicuous revised notice that accurately describes its
				  policies and practices.
(2) The
				  licensee has provided to the consumer a new opt out notice.
(3) 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.
(4) The consumer does not opt out.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146a - PRIVACY OF CONSUMER FINANCIAL INFORMATION › Subchapter B - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 146a.16 - Delivery

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
How to
				  provide notices
. A licensee shall provide any notices that this
				  chapter requires so that each consumer can reasonably be expected to receive
				  actual notice in writing or, if the consumer agrees, electronically.
(b)
Actual notice
.
(1)
Examples of reasonable
				  expectation of actual notice
. A licensee may reasonably expect that a
				  consumer will receive actual notice if the licensee meets one of the following
				  conditions:
(i) Hand-delivers a printed copy
				  of the notice to the consumer.
(ii)
				  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.
(iii) 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.
(iv) 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.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146a - PRIVACY OF CONSUMER FINANCIAL INFORMATION › Subchapter C - LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION › Section 146a.21 - Limits on disclosure of nonpublic personal financial information to nonaffiliated third parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Conditions for disclosure
. Except as otherwise authorized in
				  this chapter, a licensee may not, directly or through an affiliate, disclose
				  nonpublic personal financial information about a consumer to a nonaffiliated
				  third party unless all of the following conditions are met:
(1) The licensee has provided to the consumer
				  an initial notice as required under §
											146a.11 (relating to initial
				  privacy notice to consumers required).
(2) The licensee has provided to the consumer
				  an opt out notice as required in §
											146a.14 (relating to form of opt
				  out notice to consumers and opt out methods).
(3) The licensee has given the consumer a
				  reasonable opportunity, before it discloses the information to the
				  nonaffiliated third party, to opt out of the disclosure.
(4) The consumer does not opt
				  out.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146a - PRIVACY OF CONSUMER FINANCIAL INFORMATION › Subchapter C - LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION › Section 146a.22 - Limits on redisclosure and reuse of nonpublic personal financial information

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Information the licensee receives under an exception
.
(1) If a licensee receives nonpublic personal
				  financial information from a nonaffiliated financial institution under an
				  exception in §
											146a.32 or §
											146a.33 (relating to exceptions to
				  notice and opt out requirements for disclosure of nonpublic personal financial
				  information for processing and servicing transactions; and other exceptions to
				  notice and opt out requirements for disclosure of nonpublic personal financial
				  information), the licensee's disclosure and use of that information is limited
				  as follows:
(i) The licensee may disclose the
				  information to the affiliates of the financial institution from which the
				  licensee received the information.
(ii) 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.
(iii) The licensee may disclose and use the
				  information under an exception in §
												146a.32 or §
												146a.33, in the ordinary course of
				  business to carry out the activity covered by the exception under which the
				  licensee received the information.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146a - PRIVACY OF CONSUMER FINANCIAL INFORMATION › Subchapter C - LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION › Section 146a.23 - Limits on sharing account number information for marketing purposes

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				  prohibition on disclosure of account numbers
. A licensee may 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.
(b)
Exceptions
. Subsection
				  (a) does not apply if a licensee discloses a policy number or similar form of
				  access number or access code to any of the following:
(1) 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.
(2) A licensee who is a
				  producer solely in order to perform marketing for the licensee's own products
				  or services.
(3) 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.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146a - PRIVACY OF CONSUMER FINANCIAL INFORMATION › Subchapter D - EXCEPTIONS TO LIMITS ON DISCLOSURES OF NONPUBLIC PERSONAL FINANCIAL INFORMATION › Section 146a.31 - Exception to opt out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.
(1)
Opt out requirements
.
				  The opt out requirements in §§
											146a.14 and
				  146a.21 (relating to form of opt
				  out notice to consumers and opt out methods; and limitation on disclosure of
				  nonpublic personal financial information to nonaffiliated third parties) 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 meets both of the following conditions:
(i) Provides the initial notice in accordance
				  with §
												146a.11 (relating to initial
				  privacy notice to consumers required).
(ii) Enters into a contractual agreement with
				  the nonaffiliated third party that prohibits the nonaffiliated 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 §
												146a.32 or §
												146a.33 (relating to exceptions to
				  notice and opt out requirements for disclosure of nonpublic personal financial
				  information for processing and servicing transactions; and other exceptions to
				  notice and opt out requirements for disclosure of nonpublic personal financial
				  information) in the ordinary course of business to carry out those
				  purposes.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146a - PRIVACY OF CONSUMER FINANCIAL INFORMATION › Subchapter D - EXCEPTIONS TO LIMITS ON DISCLOSURES OF NONPUBLIC PERSONAL FINANCIAL INFORMATION › Section 146a.32 - Exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information for processing and servicing transactions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Exceptions for processing transactions at consumer's request
.
				  The requirements for initial notice in §
										146a.11(a)(2)
				  (relating to initial privacy notice to consumers required), the opt out in
				  §§
										146a.14 and
				  146a.21 (relating to form of opt
				  out notice to consumers and opt out methods; and limitation on disclosure of
				  nonpublic personal financial information to nonaffiliated third parties), and
				  service providers and joint marketing in §
										146a.31 (relating to exception to
				  opt out requirements for disclosure of nonpublic personal financial information
				  for service providers and joint marketing) 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 any of the following:
(1)
				  Servicing or processing an insurance product or service that a consumer
				  requests or authorizes.
(2)
				  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 that entity.
(3) A proposed or actual securitization,
				  secondary market sale (including sales of servicing rights) or similar
				  transaction related to a transaction of the consumer.
(4) Reinsurance or stop loss or excess loss
				  insurance.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146a - PRIVACY OF CONSUMER FINANCIAL INFORMATION › Subchapter E - ADDITIONAL PROVISIONS › Section 146a.41 - Effect on other laws

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Protection of Fair Credit Reporting Act
. This chapter will not
				  be construed to modify, limit or supersede the operation of the Federal Fair
				  Credit Reporting Act (15
				  U.S.C.A. §§
											1681-1681u),
				  and no inference may be drawn on the basis of the provisions of this chapter
				  regarding whether information is transaction or experience information under
				  section 603 of that act (15
				  U.S.C.A. §
											1681a).
(b)
Protection of section 648 of the
				  act (40 P. S. §
												288)
				  (relating to customer privacy)
. This chapter does not modify, limit or
				  supercede the operation of section 648 of the act.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146a - PRIVACY OF CONSUMER FINANCIAL INFORMATION › Subchapter E - ADDITIONAL PROVISIONS › Section 146a.42 - Nondiscrimination

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee may not unfairly discriminate against any
					 consumer or customer because that consumer or customer has opted out from the
					 disclosure of nonpublic personal financial information under this
					 chapter.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146a - PRIVACY OF CONSUMER FINANCIAL INFORMATION › Subchapter E - ADDITIONAL PROVISIONS › Section 146a.43 - Violation

Current through Register Vol. 54, No. 28, July 13, 2024
Violations of this chapter are deemed and defined by the
					 Commissioner to be an unfair method of competition and an unfair or deceptive
					 act or practice and shall be subject to any applicable penalties or remedies
					 contained in the Unfair Insurance Practices Act (40 P. S. §§
											1171.1-1171.15).
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146a - PRIVACY OF CONSUMER FINANCIAL INFORMATION › Subchapter E - ADDITIONAL PROVISIONS › Section 146a.44 - Effective date

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Effective date
. This chapter is effective July 1,
				  2001.
(b)
Notice
				  requirements
.
(1)
Consumers
				  who are the licensee's customers on the effective date
. By July 1,
				  2001, a licensee shall provide an initial notice, as required by §
											146a.11 (relating to initial
				  privacy notice to consumers required), to consumers who are the licensee's
				  customers on July 1, 2001.
(2)
Example
. 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.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146b - PRIVACY OF CONSUMER HEALTH INFORMATION › Subchapter A - GENERAL PROVISIONS › Section 146b.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose.
This chapter:
(1)
				  Governs the treatment of all nonpublic personal health information about
				  individuals by various licensees of the Department.
(2) Describes the conditions under which a
				  licensee may disclose nonpublic personal health information about consumers to
				  a third party.
(3) Requires
				  licensees to obtain an authorization from consumers prior to disclosing
				  nonpublic personal health information, unless otherwise permitted in this
				  chapter.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146b - PRIVACY OF CONSUMER HEALTH INFORMATION › Subchapter A - GENERAL PROVISIONS › Section 146b.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates otherwise:
Act
-The Insurance Department Act of 1921
					 (40
					 P. S. §§
											1-321).
Annual receipts
-Premium, commissions, fees
					 or operating revenue received in a 12-month period.
Commissioner
-The Insurance Commissioner of
					 the Commonwealth.
Company
-A corporation, limited liability
					 company, business trust, general or limited partnership, association, sole
					 proprietorship or similar organization.
Consumer
-
(i) An individual, or that individual's legal
				  representative, who seeks to obtain, obtains or has obtained an insurance
				  product or service from a licensee that is to be used primarily for personal,
				  family or household purposes, and about whom the licensee has nonpublic
				  personal health information. Examples include:
(A) An individual who provides nonpublic
				  personal health 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, regardless of whether the licensee
				  establishes an ongoing advisory relationship.
(B) An applicant for insurance prior to the
				  inception of insurance coverage.
(C) A beneficiary of a life insurance policy
				  underwritten by the licensee.
(D) A
				  claimant under an insurance policy issued by the licensee.
(E) An insured under an insurance policy or
				  an annuitant under an annuity issued by the licensee.
(F) A mortgagor of a mortgage covered under a
				  mortgage insurance policy.
(G) A
				  participant 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.
(H) An individual
				  covered under a group or blanket insurance policy or group annuity contract
				  issued by the licensee.
(I) A
				  claimant in a workers' compensation plan.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146b - PRIVACY OF CONSUMER HEALTH INFORMATION › Subchapter B - RULES FOR DISCLOSURE OF NONPUBLIC PERSONAL HEALTH INFORMATION › Section 146b.12 - Authorizations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Valid
				  authorization contents.
A valid authorization to disclose nonpublic
				  personal health information under §
										146b.11(a)
				  (relating to authorization required for disclosure of the nonpublic personal
				  health information) shall be in written or electronic form and shall contain
				  all of the following:
(1) The identity of the
				  consumer who is the subject of the nonpublic personal health
				  information.
(2) A general
				  description of the types of nonpublic personal health information to be
				  disclosed.
(3) 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.
(4) The signature of the
				  consumer who is the subject of the nonpublic personal health information or the
				  individual who is legally empowered to grant authority and the date
				  signed.
(5) Notice of the length of
				  time for which the authorization is valid and that the consumer may revoke the
				  authorization at any time and the procedure for making a
				  revocation.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146b - PRIVACY OF CONSUMER HEALTH INFORMATION › Subchapter B - RULES FOR DISCLOSURE OF NONPUBLIC PERSONAL HEALTH INFORMATION › Section 146b.13 - Authorization request delivery

Current through Register Vol. 54, No. 28, July 13, 2024
A request for authorization and an authorization form may
					 be delivered to a consumer as part of a privacy notice delivered under Chapter
					 146a (relating to privacy of consumer financial information), 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 included in other
					 notices unless the licensee intends to disclose nonpublic personal health
					 information under §
										146b.11(a)
					 (relating to authorization required for disclosure of nonpublic personal health
					 information).
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146b - PRIVACY OF CONSUMER HEALTH INFORMATION › Subchapter C - ADDITIONAL PROVISIONS › Section 146b.21 - Relationship with other laws

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Relationship with the Federal regulation.
Irrespective of
				  whether a licensee is subject to the Federal regulation, if a licensee complies
				  with the Federal regulation, the licensee will not be subject to this
				  chapter.
(b)
Relationship
				  with other state law or regulation.
Nothing in this chapter preempts
				  or supersedes existing laws or regulations of the Commonwealth that relate to
				  medical records, health or insurance information privacy.
(c)
Relationship with the Fair Credit
				  Reporting Act.
This chapter will not be construed to modify, limit or
				  supersede the operation of the Federal Fair Credit Reporting Act (15 U.S.C.A. §§
											1681-1681u), and no inference may be
				  drawn on the basis of the provisions of this chapter regarding whether
				  information is transaction or experience information under section 603 of that
				  act (15 U.S.C.A. §
											1681a).
(d)
Relationship with section 648 of
				  the act (40 P. S. §
												288).
This chapter will not be
				  construed to modify, limit or supersede the operation of section 648 of the act
				  (40
				  P. S. §
											288) regarding customer
				  privacy.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146b - PRIVACY OF CONSUMER HEALTH INFORMATION › Subchapter C - ADDITIONAL PROVISIONS › Section 146b.22 - Nondiscrimination

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee may not unfairly discriminate against a consumer
					 because that consumer has not granted authorization for the disclosure of
					 nonpublic personal health information under this chapter.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146b - PRIVACY OF CONSUMER HEALTH INFORMATION › Subchapter C - ADDITIONAL PROVISIONS › Section 146b.23 - Violation

Current through Register Vol. 54, No. 28, July 13, 2024
Violations of this chapter are deemed and defined by the
					 Commissioner to be an unfair method of competition and an unfair or deceptive
					 act or practice and shall be subject to applicable penalties or remedies
					 contained in the Unfair Insurance Practices Act (40 P. S. §§
											1171.1-1171.15).
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146b - PRIVACY OF CONSUMER HEALTH INFORMATION › Subchapter C - ADDITIONAL PROVISIONS › Section 146b.24 - Compliance dates

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Licensees
				  with $5 million or more in annual receipts shall comply with the applicable
				  requirements of this chapter by the corresponding compliance date applicable to
				  the Federal regulation.
(b)
				  Licensees with less than $5 million in annual receipts shall comply with the
				  applicable requirements of this chapter by the corresponding compliance date
				  applicable to the Federal regulation.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146c - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 146c.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter establishes standards:
(1) For developing and implementing
				administrative, technical and physical safeguards to protect the security,
				confidentiality and integrity of customer information, under sections 501,
				505(b) and 507 of the Gramm-Leach-Bliley Act (15 U.S.C.A. §§
										6801,
				6805(b) and
				6807).
(2) For ensuring the security and
				confidentiality of customer records and information.
(3) To protect against any reasonably
				anticipated threats or hazards to the security or integrity of the
				records.
(4) To protect against
				unauthorized access to or use of records or information that could result in
				substantial harm or inconvenience to a customer.
(5) That apply to nonpublic personal
				information, including nonpublic personal financial information and nonpublic
				personal health information.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146c - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 146c.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates otherwise:
Act
-The Insurance Department Act of 1921
				  (40
				  P. S. §§
										1-321)
Customer
-Either a "customer" as defined in
				  §
									146a.2 (relating to definitions)
				  or a "consumer" as defined in §
									146b.2 (relating to
				  definitions).
Customer information
-Either "nonpublic
				  personal financial information" as defined in § 146a.2 or "nonpublic
				  personal health information" as defined in §
									146b.2 about a customer, whether
				  in paper, electronic or other form that is maintained by or on behalf of the
				  licensee.
Customer information systems
-The electronic
				  or physical methods used to access, collect, store, use, transmit, protect or
				  dispose of customer information.
Department
-The Insurance Department of the
				  Commonwealth.
Licensee
-As defined in either §
									146a.2 or §
									146b.2, except that the term shall
				  not include a purchasing group or a nonadmitted insurer in regard to the
				  surplus lines business conducted pursuant to sections 1601-1625 of The
				  Insurance Company Law of 1921 (40 P. S. §§
										991.1601-991.1625).
Service provider
-A person that maintains,
				  processes or otherwise is permitted access to customer information through its
				  provision of services directly to the licensee.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146c - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 146c.3 - Information security program

Current through Register Vol. 54, No. 28, July 13, 2024
A 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 its activities.
This section cited in 31 Pa. Code §
											146c.5 (relating to examples of
					 methods of development and implementation); and 31 Pa. Code §
											146c.10 (relating to determined
					 violation).
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146c - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 146c.4 - Objectives of information security program

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee's information security program shall be designed
				  to do the following:
(1) Safeguard the
				security and confidentiality of customer information.
(2) Protect against any reasonably
				anticipated threats or hazards to the security or integrity of the
				information.
(3) Protect against
				unauthorized access to or use of the information that could result in
				substantial harm or inconvenience to any customer.
This section cited in 31 Pa. Code §
											146c.5 (relating to examples of
					 methods of development and implementation); and 31 Pa. Code §
											146c.10 (relating to determined
					 violation).
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146c - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 146c.5 - Examples of methods of development and implementation

Current through Register Vol. 54, No. 28, July 13, 2024
The actions and procedures described in §§
									146c.6-146c.9 are examples of methods of
				  implementation of the requirements of §§
									146c.3 and
				  146c.4 (relating to information
				  security program; and objectives of information security program). These
				  examples are nonexclusive illustrations of actions and procedures that
				  licensees may follow to implement §§ 146c.3 and
				  146c.4.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146c - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 146c.6 - Assess risk

Current through Register Vol. 54, No. 28, July 13, 2024
The licensee:
(1)
				Identifies reasonably foreseeable internal or external threats that could
				result in unauthorized disclosure, misuse, alteration or destruction of
				customer information or customer information systems.
(2) Assesses the likelihood and potential
				damage of these threats, taking into consideration the sensitivity of customer
				information.
(3) Assesses the
				sufficiency of policies, procedures, customer information systems and other
				safeguards in place to control risks.
This section cited in 31 Pa. Code §
											146c.5 (relating to examples of
					 methods of development and
					 implementation).
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146c - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 146c.7 - Manage and control risk

Current through Register Vol. 54, No. 28, July 13, 2024
The licensee:
(1)
				Designs its information security program to control the identified risks,
				commensurate with the sensitivity of the information, as well as the complexity
				and scope of the licensee's activities.
(2) Trains staff, as appropriate, to
				implement the licensee's information security program.
(3) Regularly tests or otherwise regularly
				monitors the key controls, systems and procedures of the information security
				program. The frequency and nature of these tests or other monitoring practices
				are determined by the licensee's risk assessment.
This section cited in 31 Pa. Code §
											146c.5 (relating to examples of
					 methods of development and
					 implementation).
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146c - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 146c.8 - Oversee service provider arrangements

Current through Register Vol. 54, No. 28, July 13, 2024
The licensee:
(1)
				Exercises appropriate due diligence in selecting its service
				providers.
(2) Requires its service
				providers to implement appropriate measures designed to meet the objectives of
				this chapter, and, when indicated by the licensee's risk assessment, takes
				appropriate steps to confirm that its service providers have satisfied these
				obligations.
This section cited in 31 Pa. Code §
											146c.5 (relating to examples of
					 methods of development and
					 implementation).
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146c - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 146c.9 - Adjust the program

Current through Register Vol. 54, No. 28, July 13, 2024
The licensee monitors, evaluates and adjusts, as appropriate,
				  the information security program in light of 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 customer information systems.
This section cited in 31 Pa. Code §
											146c.5 (relating to examples of
					 methods of development and
					 implementation).
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146c - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 146c.10 - Determined violation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Violations of §§
									146c.3 and
				146c.4 (relating to information
				security program; and objectives of information security program) are deemed
				and defined by the Commissioner to be an unfair method of competition and an
				unfair or deceptive act or practice and shall be subject to any applicable
				penalties or remedies contained in the Unfair Insurance Practices Act
				(40
				P. S. §§
										1171.1-1171.15).
(b) A licensee has violated this chapter when
				the licensee knew or reasonably should have known of a pattern of activity or a
				practice of a service provider that constitutes either a violation of Chapter
				146a (relating to privacy of consumer financial information), Chapter 146b
				(relating to privacy of consumer health information) or this chapter or a
				material breach of the contract or other arrangement between the licensee and
				the service provider, unless the licensee took reasonable steps to cure the
				breach or end the violation, as applicable, and, if the steps were
				unsuccessful, did the following:
(1)
				Terminated the contract or arrangement with the service provider, if
				feasible.
(2) If termination is not
				feasible, reported the violation or breach to the
				Department.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146c - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 146c.11 - Effective date

Current through Register Vol. 54, No. 28, July 13, 2024
Each licensee shall establish and implement an information
				  security program, including appropriate policies and systems under this chapter
				  by March 1, 2005.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146d - MILITARY SALES PRACTICES › Section 146d.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter establishes standards to protect active duty
				  service members of the United States Armed Forces from dishonest and predatory
				  insurance sales practices by deeming and declaring certain identified practices
				  to be false, misleading, deceptive or unfair.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146d - MILITARY SALES PRACTICES › Section 146d.2 - Applicability and scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies only to the solicitation or sale of any
				  life insurance or annuity product by an insurer or insurance producer to an
				  active duty service member of the United States Armed Forces.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146d - MILITARY SALES PRACTICES › Section 146d.4 - Exemptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
				does not apply to solicitations or sales involving:
(1) Credit insurance.
(2) Group life insurance or group annuities
				when there is no in-person, face-to-face solicitation of individuals by an
				insurance producer or when the contract or certificate does not include a side
				fund.
(3) An application to the
				existing insurer that issued the existing policy or contract when one of the
				following applies:
(i) A contractual change or
				a conversion privilege is being exercised.
(ii) The existing policy or contract is being
				replaced by the same insurer under a program filed with and approved by the
				Commissioner.
(iii) A term
				conversion privilege is exercised among corporate affiliates.
(4) Individual stand-alone health
				policies, including disability income policies.
(5) Contracts offered by Service members'
				Group Life Insurance or Veterans' Group Life Insurance, as authorized under
				38 U.S.C. §§
											1965-1980A (relating to servicemembers'
				group life insurance).
(6) Life
				insurance contracts offered through or by a nonprofit military association,
				qualifying under section 501(c)(23) of the Internal Revenue Code of 1986
				(26 U.S.C.A. §
											501(c)(23)), and which are
				not underwritten by an insurer.
(7)
				Contracts used to fund:
(i) An employee
				pension or welfare benefit plan that is covered by the Employee Retirement and
				Income Security Act (ERISA) (29 U.S.C.A. §§
												1001-1461).
(ii) A plan described by sections 401(a) or
				(k), 403(b) or 408(k) or (p) of the Internal Revenue Code of 1986
				(26 U.S.C.A. §§
												401(a) or (k),
				403(b) or
				408(k) or
				(p)), if established or maintained by an
				employer.
(iii) A government or
				church plan defined in section 414 of the Internal Revenue Code of 1986
				(26 U.S.C.A. §
												414) or a deferred compensation plan of a
				state or local government or tax exempt organization under section 457 of the
				Internal Revenue Code of 1986 (26 U.S.C.A. §
												457).
(iv) A nonqualified deferred compensation
				arrangement established or maintained by an employer or plan sponsor.
(v) Settlements of or assumptions of
				liabilities associated with personal injury litigation or any dispute or claim
				resolution process.
(vi)
				Prearranged funeral contracts.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146d - MILITARY SALES PRACTICES › Section 146d.5 - Practices declared false, misleading, deceptive or unfair on a military installation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				following acts or practices when committed on a military installation by an
				insurer or insurance producer with respect to the in-person, face-to-face
				solicitation of life insurance are deemed and declared to be false, misleading,
				deceptive or unfair:
(1) Knowingly soliciting
				the purchase of any life insurance product door to door or without first
				establishing a specific appointment for each meeting with the prospective
				purchaser.
(2) Soliciting service
				members in a group or mass audience or in a captive audience where attendance
				is not voluntary.
(3) Knowingly
				making appointments with or soliciting service members during their normally
				scheduled duty hours.
(4) Making
				appointments with or soliciting service members in barracks, day rooms, unit
				areas, transient personnel housing or other areas where the installation
				commander has prohibited solicitation.
(5) Soliciting the sale of life insurance
				without first obtaining permission from the installation commander or the
				commander's designee.
(6) Posting
				unauthorized bulletins, notices or advertisements.
(7) Failing to present DD Form 2885,
Personal Commercial Solicitation Evaluation
, to service
				members solicited or encouraging service members solicited not to complete or
				submit a DD Form 2885.
(8)
				Knowingly accepting an application for life insurance or issuing a policy of
				life insurance on the life of an enlisted member of the United States Armed
				Forces without first obtaining for the insurer's files a completed copy of any
				required form confirming that the applicant has received counseling or
				fulfilled any other similar requirement for the sale of life insurance
				established by regulations, directives or rules of the Department of Defense or
				any branch of the Armed Forces.
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146d - MILITARY SALES PRACTICES › Section 146d.7 - Violation

Current through Register Vol. 54, No. 28, July 13, 2024
Violations of this chapter are deemed and defined by the
				  Commissioner to be an unfair method of competition and an unfair or deceptive
				  act or practice and shall be subject to applicable penalties or remedies
				  contained in the Unfair Insurance Practices Act (40 P. S. §§
										1171.1-1171.15).
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 147 - ANNUAL FINANCIAL REPORTING REQUIREMENTS › Section 147.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this chapter is to improve the Department's
				  surveillance of the financial condition of insurers by requiring an annual
				  audit by independent certified public accountants of the financial statements
				  reporting the financial condition and the results of operations of insurers, a
				  written communication detailing internal control related matters noted in the
				  audit, and a written report by management of internal control over financial
				  reporting.
The provisions of this §
											147.1 amended under the authority
					 of sections 206, 506, 1501 and 1502 of The Administrative Code of 1929
					 (71
					 P.S. §§
												66,
					 186,
					 411 and
					 412); sections 320, 630, 1007
					 and 2452 of The Insurance Company Law of 1921 (40 P.S. §§
												443,
					 764a,
					 967 and
					 991.2452); sections 205 and
					 206 of The Pennsylvania Fair Plan Act (40 P.S. §§
												1600.205-1600.206); section 731 of the
					 Medical Care Availability and Reduction of Error Act (40 P.S. §
												1303.731);
					 40 Pa.C.S. §§
												6125,
					 6331 and
					 6701; sections 11 and 14
					 of the Health Maintenance Organization Act (40 P.S. §§
												1561 and
					 1564); and sections 7 and 25
					 of the Continuing Care Provider Registration and Disclosure Act (40 P.S.
					 §§
												3207 and
					 3225.)
Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 147 - ANNUAL FINANCIAL REPORTING REQUIREMENTS › Section 147.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates otherwise:
Affiliate
-As defined in section 1401 of The
				  Insurance Company Law of 1921 (40 P.S. §
										991.1401).
Assumed premiums
-Total premiums assumed by
				  an insurer from nonaffiliated insurers.
Audit committee
-
(i) A committee or equivalent body
				established by the board of directors or equivalent body of an entity for the
				purpose of overseeing the following functions of an insurer or insurer group:
(A) Accounting and financial reporting
				processes.
(B) Internal audit
				function.
(C) External audits of
				financial statements.
(D) Internal
				control structure.