reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 4 - Record Retention (230-RICR-20-60-4) › Section 230-RICR-20-60-4.12 - Confidential Materials

Current through June 14, 2024
Original records required to be provided during a market
					 conduct examination shall be returned to the insurer following the examination.
					 If the records relate to an inquiry made by an examiner copies of the records
					 shall become a part of the work papers of the examination. R.I. Gen. Laws
					 §§
										27-13.1-5(f) and
					 38-2-2(4)(i)(W)
					 shall govern the public access to the work papers of the
					 examination.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 4 - Record Retention (230-RICR-20-60-4) › Section 230-RICR-20-60-4.13 - Severability

Current through June 14, 2024
If any provision of this Part or the application thereof
					 to any person or circumstances is held invalid or unconstitutional, the
					 invalidity or unconstitutionality shall not affect other provisions or
					 applications of this Part which can be given effect without the invalid or
					 unconstitutional provision or application, and to this end the provisions of
					 this Part are severable.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 5 - Civil Unions (formerly Insurance Regulation 118) (230-RICR-20-60-5) › Section 230-RICR-20-60-5.1 - Authority

Current through June 14, 2024
This Part is promulgated in accordance is promulgated in
					 accordance with R.I. Gen. Laws §§
										15-3.1-6 and
					 42-14-17.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 5 - Civil Unions (formerly Insurance Regulation 118) (230-RICR-20-60-5) › Section 230-RICR-20-60-5.2 - Purpose

Current through June 14, 2024
The purpose of this Part is to prohibit insurers from
					 unfairly discriminating between married couples and parties to a civil
					 union.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 5 - Civil Unions (formerly Insurance Regulation 118) (230-RICR-20-60-5) › Section 230-RICR-20-60-5.3 - Applicability and Scope

Current through June 14, 2024
A. This Part
				  applies to any person transacting the business of insurance in the State of
				  Rhode Island.
B. Except as
				  expressly provided herein, this Part applies to all insurance policies and
				  contracts solicited, delivered, issued, or renewed in the state of Rhode
				  Island.
C. This Part shall not be
				  construed to affect the ability of a fraternal benefit society to determine the
				  admission of its members as provided under R.I. Gen. Laws §
										27-25-6 or to determine the scope
				  of beneficiaries in accordance with R.I. Gen. Laws §
										27-25-17. Further this Part shall
				  not apply to a religious or denominational organization, or to an organization
				  that has been established and is operating for charitable or educational
				  purpose and which is operated, supervised or controlled by or in connection
				  with a religious organization where compliance with this Part would violate
				  R.I. Gen. Laws §
										15-3.1-5.
D. Nothing herein shall be construed to
				  prevent or prohibit a self-insured or self-funded entity from extending
				  insurance to civil union spouses.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 5 - Civil Unions (formerly Insurance Regulation 118) (230-RICR-20-60-5) › Section 230-RICR-20-60-5.4 - Definitions

Current through June 14, 2024
A. "Civil union" means a comprehensive
				  statewide domestic partnership established pursuant to R.I. Gen. Laws §
										15-3.1-1 et seq. or laws of
				  another state.
B. "Department"
				  means the Insurance Division of the Department of Business
				  Regulation.
C. "Insurance policy"
				  or "Insurance contract" includes but not be limited to any contract of
				  insurance, indemnity, medical, dental, optometric, hospital service,
				  suretyship, or annuity, issued, proposed for issuance, or intended for issuance
				  by any insurer.
D. "Insurer" means
				  any individual, corporation, association, partnership, reciprocal exchange,
				  inter-insurer, Lloyds insurers, fraternal benefit society, hospital or medical
				  service corporations, health maintenance organization, managed care
				  organization, or any other legal entity engaged in the business of insurance
				  including producers, brokers, appraisers and adjusters. For the purpose of this
				  Part, insurance shall also include third party administrators and other agents
				  and contractors of persons engaged in the business of insurance in Rhode
				  Island.
E. "Party to a civil union"
				  means a person who has established a civil union pursuant to applicable state
				  law.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 5 - Civil Unions (formerly Insurance Regulation 118) (230-RICR-20-60-5) › Section 230-RICR-20-60-5.5 - Interpretation of Title 230

Current through June 14, 2024
Pursuant to R.I. Gen. Laws §
										15-3.1-6, parties to a civil union
					 shall be included in any definition or use of the terms "marriage," "spouse,"
					 "family," "immediate family," "dependent," "next of kin," and any other terms
					 that denotes a marital or spousal relationship, as those terms are used
					 throughout this Title.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 5 - Civil Unions (formerly Insurance Regulation 118) (230-RICR-20-60-5) › Section 230-RICR-20-60-5.7 - Form Filings

Current through June 14, 2024
A. All forms filed
				  on or after December 23, 2011, will not be approved if the term "spouse" or
				  "marriage" or any other synonym does not include parties to a civil
				  union.
B. The Department will not
				  require the re-filing of forms previously approved. Such forms shall be amended
				  by operation of law to include parties to a civil union in the definition of
				  "spouse" or "marriage" or any synonym to those terms.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 5 - Civil Unions (formerly Insurance Regulation 118) (230-RICR-20-60-5) › Section 230-RICR-20-60-5.8 - Severability

Current through June 14, 2024
If any provision of this Part or the application thereof to
					 any person or circumstances is held invalid or unconstitutional, the invalidity
					 or unconstitutionality of such provision shall not affect other provisions or
					 applications of this Part which can be given effect without the invalid or
					 unconstitutional provision or application, and to this end, the provisions of
					 this Part are severable.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 6 - Financial Institution Insurance Sales (230-RICR-20-60-6) › Section 230-RICR-20-60-6.1 - Statutory Authority

Current through June 14, 2024
This Part is promulgated by the Department of Business
					 Regulation (the "Department"), Insurance Division ("Division") pursuant to R.I.
					 Gen. Laws §§
										27-58-4 and
					 42-14-17 to implement the
					 Financial Institution Insurance Sales Act which was enacted on August 7, 1996
					 (the "Act"), and to ensure the soundness of the banking and insurance
					 businesses. Unless otherwise specified, all statutory references herein are to
					 the Rhode Island General Laws, as they may be amended from time to
					 time.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 6 - Financial Institution Insurance Sales (230-RICR-20-60-6) › Section 230-RICR-20-60-6.3 - Examination of Financial Institutions

Current through June 14, 2024
The Department shall have the authority under R.I. Gen.
					 Laws Chapter 27-13.1 to examine the Insurance activities of a Financial
					 Institution with respect to its compliance with this Part, the Act and the
					 other provisions of Title 27. The provisions of R.I. Gen. Laws Chapter 27-13.1
					 shall govern the procedures for such examinations and the collection of fees
					 therefor.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 6 - Financial Institution Insurance Sales (230-RICR-20-60-6) › Section 230-RICR-20-60-6.4 - Anti-Tying Provisions

Current through June 14, 2024
A. In addition to
				  those restrictions contained in R.I. Gen. Laws §
										27-58-6, no Financial Institution
				  may offer a banking product or service, or fly or vary the conditions of such
				  offer on any of the following conditions:
1.
				  That the customer purchase Insurance from any particular Insurance
				  Producer;
2. That the customer
				  obtain Insurance from the Financial Institution; or
3. That the customer shall not obtain
				  Insurance from a competitor of the Financial Institution other than a condition
				  or requirement that the Financial Institution shall reasonably impose in a
				  credit transaction to assure the soundness of the credit.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 6 - Financial Institution Insurance Sales (230-RICR-20-60-6) › Section 230-RICR-20-60-6.5 - Disclosures

Current through June 14, 2024
A. In addition to the requirements in R.I.
				  Gen. Laws §
										27-58-7, the disclosures required
				  by the Act shall meet the following requirements:
1. The disclosures required by the Act shall
				  be made to each customer or prospective customer no later than the beginning of
				  a Solicitation;
2. A Financial
				  Institution, for any loan for which Insurance is required, shall disclose in
				  writing and on a separate document acknowledged by the customer, prior to the
				  signing of a loan or mortgage application, that by law the purchase of
				  Insurance from that Financial Institution cannot be required as a condition of
				  loan or mortgage approval. The requirements of the proceeding sentence shall
				  apply only to the lines of Insurance which the Financial Institution is
				  licensed to sell. For all other Insurance Transactions, each customer
				  purchasing Insurance shall acknowledge in writing and on a separate document
				  their receipt of the disclosures required by the Act and this Part prior to the
				  completion of such Insurance Transaction;
3. A Financial Institution which does not
				  accept federally-insured deposits in the State of Rhode Island shall not be
				  required to comply with the requirements of R.I. Gen. Laws §§
											27-58-7(i) and
				  (ii); and
4. A Financial Institution may make a written
				  request for a waiver to the Director or the Director's designee if compliance
				  with R.I. Gen. Laws §
											27-58-7 would cause a reasonable
				  customer to believe that compliance would be contrary to the intent of the Act
				  and this Part.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 6 - Financial Institution Insurance Sales (230-RICR-20-60-6) › Section 230-RICR-20-60-6.6 - Non-Public Customer Information

Current through June 14, 2024
A. Pursuant to R.I.
				  Gen. Laws §
										27-58-10, Non-public Customer
				  Information shall:
1. Not be used by a
				  Financial Institution to Solicit;
2. Not include information available to the
				  Financial Institution through other sources even if the information could have
				  been derived from the records.
3.
				  Not include information whose use has been agreed or consented to by the
				  Financial Institution's customer after prominent written disclosure on a
				  separate document of the provisions of such agreement or consent to the
				  customer.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 6 - Financial Institution Insurance Sales (230-RICR-20-60-6) › Section 230-RICR-20-60-6.7 - Severability

Current through June 14, 2024
If any section, term or provision of this Part shall be
					 adjudged invalid for any reason, that judgment shall not affect, impair, or
					 invalidate any remaining section, term or provision, which shall remain in full
					 force and effect.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.1 - Authority

Current through June 14, 2024
This Part is promulgated pursuant to the authority granted
					 by R.I. Gen. Laws §§
										27-58-4 and
					 27-58-10.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.2 - Purpose and Scope

Current through June 14, 2024
A. Purpose. This
				  Part governs the treatment of nonpublic personal health information and
				  nonpublic personal financial information about individuals by all insurance
				  licensees of the Rhode Island Department of Business Regulation. This Part:
1. Requires a licensee to provide notice to
				  individuals about its privacy policies and practices;
2. 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
3.
				  Provides methods for individuals to prevent a licensee from disclosing that
				  information.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.3 - Rule of Construction

Current through June 14, 2024
A. The examples in
				  this Part and the sample clauses and Federal Model Privacy Form provided in the
				  bulletin issued for such purpose are not exclusive. Compliance with an example
				  or use of a sample clause or the Federal Model Privacy Form, to the extent
				  applicable, constitutes compliance with this Part.
B. Licensees may rely on use of the Federal
				  Model Privacy Form, consistent with the instructions provided in a bulletin
				  issued for that purpose and available on the Departments website, as a safe
				  harbor of compliance with the privacy notice content requirements of this Part.
				  Use of the Federal Model Privacy Form is not required. Licensees may continue
				  to use other types of privacy notices, including notices that contain the
				  examples in this Part and/or the sample clauses provided in the bulletin issued
				  for such purpose, provided that such notices accurately describe the Licensee's
				  privacy practices and otherwise meet the notice content requirements of this
				  Part. However, while Licensees may continue to use privacy notices that contain
				  the examples in this Part and/or the sample clauses, Licensees may not rely on
				  use of privacy notices with the sample clauses as a safe harbor of compliance
				  with the notice content requirements of this Part after July 1, 2019.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.5 - Initial Privacy Notice to Consumers Required

Current through June 14, 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 §
											7.5(E)   of this Part, and
2. Consumer. A consumer, before the licensee
				  discloses any nonpublic personal financial information about the consumer to
				  any nonaffiliated third party, if the licensee makes a disclosure other than as
				  authorized by §§
											7.15  and  7.16   of this Part.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.6 - Annual Privacy Notice to Customers Required

Current through June 14, 2024
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 (12) 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.
1. 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 1, the licensee shall provide an annual notice to that customer by
				  December 31 of year 2.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.7 - Information to be Included in Privacy Notices

Current through June 14, 2024
A.
				  General rule. The initial, annual and revised privacy notices that a licensee
				  provides under §§
										7.5,  7.6  and  7.9   of this Part 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:
1. the categories of nonpublic personal
				  financial information that the licensee collects;
2. the categories of nonpublic personal
				  financial information that the licensee discloses;
3. 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 §§
											7.15  and  7.16   of this Part;
4. 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 §§
											7.15  and  7.16   of this Part;
5. if a licensee discloses nonpublic personal
				  financial information to a nonaffiliated third party under §
											7.14   of this
				  Part (and no other exception in §§
											7.15  and  7.16   of this Part 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;
6. an
				  explanation of the consumer's right under §
											7.11(A)   of this Part to opt out
				  of the disclosure of nonpublic personal financial information to nonaffiliated
				  third parties, including the methods by which the consumer may exercise that
				  right at that time;
7. any
				  disclosures that the licensee makes under Section  603(d)(2)(A)(iii)   of the
				  federal Fair Credit Reporting Act (15 U.S.C. §
												1681a(d)(2)(A)(iii)) (that
				  is, notices regarding the ability to opt out of disclosures of information
				  among affiliates);
8. the
				  licensee's policies and practices with respect to protecting the
				  confidentiality and security of nonpublic personal financial information;
				  and
9. any disclosure that the
				  licensee makes under §
											7.7(B)   of this Part.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.8 - Form of Opt Out Notice to Consumers and Opt Out Methods

Current through June 14, 2024
A. Form of opt out notice. If a licensee is
				  required to provide an opt out notice under §
										7.11(A)   of this Part, it
				  shall provide a clear and conspicuous notice to each of its consumers that
				  accurately explains the right to opt out under §
										7.11(A)   of this Part. The
				  notice shall state:
1. that the licensee
				  discloses or reserves the right to disclose nonpublic personal financial
				  information about its consumer to a nonaffiliated third party;
2. that the consumer has the right to opt out
				  of that disclosure; and
3. a
				  reasonable means by which the consumer may exercise the opt out
				  right.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.9 - Revised Privacy Notices

Current through June 14, 2024
A. General rule.
				  Except as otherwise authorized in this Part, 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 §
										7.5   of
				  this Part, unless:
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; and
4. the consumer
				  does not opt out.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.10 - Privacy Notices to Group Policyholders

Current through June 14, 2024
Unless a licensee is providing privacy notices directly to
					 covered individuals described in §§
										7.4(A)(5)(e)   ((1)), ((2)) or ((3))
					 of this Part, a licensee shall provide initial, annual and revised notices to
					 the plan sponsor, group or blanket insurance policyholder or group annuity
					 contractholder, or workers' compensation policyholder, in the manner described
					 in §§
										7.5  through  7.9   of this Part, describing the licensee's privacy
					 practices with respect to nonpublic personal information about individuals
					 covered under the policies, contracts or plans.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.11 - Delivery

Current through June 14, 2024
A. How to provide notices. A licensee shall
				  provide any notices that this Part requires so that each consumer can
				  reasonably be expected to receive actual notice in writing or, if the consumer
				  agrees, electronically.
B. Examples
1. Examples of reasonable expectation of
				  actual notice. A licensee may reasonably expect that a consumer will receive
				  actual notice if the licensee:
a.
				  hand-delivers a printed copy of the notice to the consumer;
b. 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;
c. 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
d. 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.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.12 - Limits on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties

Current through June 14, 2024
A. Conditions for
				  disclosure.
1. Except as otherwise authorized
				  in this Part, a licensee may not, directly or through any affiliate, disclose
				  any nonpublic personal financial information about a consumer to a
				  nonaffiliated third party unless:
a. the
				  licensee has provided to the consumer an initial notice as required under
				  §
												7.5   of this Part;
b. the
				  licensee has provided to the consumer an opt out notice as required in
				  §
												7.8   of this Part.
c. 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;
				  and
d. the consumer does not opt
				  out.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.13 - Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information

Current through June 14, 2024
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 §§
										7.15  or  7.16   of this Part, 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 §§
											7.15  or  7.16   of this Part,
				  in the ordinary course of business to carry out the activity covered by the
				  exception under which the licensee received the information.
4. Example. If a licensee receives
				  information from a nonaffiliated financial institution for claims settlement
				  purposes, the licensee may disclose the information for fraud prevention, or in
				  response to a properly authorized subpoena. The licensee may not disclose that
				  information to a third party for marketing purposes or use that information for
				  its own marketing purposes.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.14 - Limits on Sharing Account Number Information for Marketing Purposes

Current through June 14, 2024
A. 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.
B. Exceptions. §
										7.13(A)   of this Part
				  above does not apply if a licensee discloses a policy number or similar form of
				  access number or access code:
1. 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;
2. to a licensee who is a producer solely in
				  order to perform marketing for the licensee's own products or services;
				  or
3. to 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.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.15 - Exception to Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing

Current through June 14, 2024
A. General rule.
1. The opt out requirements in
				  §§
											7.8  and  7.11   of this Part 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:
a. provides the initial notice in
				  accordance with §
												7.5   of this Part; and
b. enters into a contractual agreement with
				  the third party that prohibits the third party from disclosing or using the
				  information other than to carry out the purposes for which the licensee
				  disclosed the information, including use under an exception in §§
												7.15  or  7.16   of this Part in the ordinary course of business to carry out those
				  purposes.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.16 - Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Processing and Servicing Transactions

Current through June 14, 2024
A. Exceptions for processing transactions at
				  consumer's request. The requirements for initial notice in §
										7.5(A)(2)   of
				  this Part, the opt out in §§
										7.8  and  7.11, and service providers and
				  joint marketing in §
										7.14   of this Part 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:
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 such 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; or
4. reinsurance or stop
				  loss or excess loss insurance.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.18 - When Authorization Required for Disclosure of Nonpublic Personal Health Information

Current through June 14, 2024
A. 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.
B. Nothing in this Part 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: 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;
				  database security; administration of consumer disputes and inquiries; external
				  accreditation standards; the replacement of a group benefit plan or workers
				  compensation policy or program; activities in connection with a sale, merger,
				  transfer or exchange of all or part of a business or operating unit; any
				  activity that permits disclosure without authorization pursuant to the federal
				  Health Insurance Portability and Accountability Act privacy rules promulgated
				  by the U.S. Department of Health and Human Services; disclosure that is
				  required, or is one of the lawful or appropriate methods, to enforce the
				  licensee's rights or the rights of other persons engaged in carrying out a
				  transaction or providing a product or service that a consumer requests or
				  authorizes; and any activity otherwise permitted by law, required pursuant to
				  governmental reporting authority, or to comply with legal process. Additional
				  insurance functions may be added with the approval of the commissioner to the
				  extent they are necessary for appropriate performance of insurance functions
				  and are fair and reasonable to the interest of consumers.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.19 - Authorizations

Current through June 14, 2024
A. A valid authorization to disclose
				  nonpublic personal health information pursuant to this Part shall be in written
				  or electronic form and shall contain all of the following:
1. The identity of the consumer or customer
				  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 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
5. 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.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.20 - Authorization Request Delivery

Current through June 14, 2024
A request for authorization and an authorization form may
					 be delivered to a consumer or a customer as part of an opt-out notice pursuant
					 to §
										7.11   of this Part, 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
					 Section §
										7.18(A)   of this Part.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.21 - Relationship to Federal Rules

Current through June 14, 2024
Irrespective of whether a licensee is subject to the
					 federal Health Insurance Portability and Accountability Act privacy rule as
					 promulgated by the U.S. Department of Health and Human Services (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 §§
										7.18  through  7.22   of this Part.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.22 - Relationship to State Laws

Current through June 14, 2024
Nothing in this article shall preempt or supersede existing
					 state law related to medical records, health or insurance information privacy.
					 Any disclosure of health information must comply with R.I. Gen. Laws Chapter
					 5-37.3.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.23 - Protection of Fair Credit Reporting Act

Current through June 14, 2024
Nothing in this Part 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 Part regarding whether information
					 is transaction or experience information under
					 15 U.S.C. §
											1681a.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.24 - Nondiscrimination

Current through June 14, 2024
A. A licensee shall not unfairly discriminate
				  against any consumer or customer because that consumer or customer has opted
				  out from the disclosure of his or her nonpublic personal financial information
				  pursuant to the provisions of this Part.
B. A Licensee shall not unfairly discriminate
				  against a consumer or customer because that consumer or customer has not
				  granted authorization for the disclosure of his or her nonpublic personal
				  health information pursuant to the provisions of this regulation.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.25 - Violation

Current through June 14, 2024
No licensee shall violate the provisions of this Part. The
					 insurance regulatory authorities of this State are authorized to investigate
					 any alleged violations of this Part and to impose fines and other sanctions as
					 lawfully determined to be appropriate in accordance with the applicable laws of
					 this State.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 7 - Privacy of Consumer Information (formerly Insurance Regulation 99) (230-RICR-20-60-7) › Section 230-RICR-20-60-7.26 - Severability

Current through June 14, 2024
If any Part or portion of this Part or its applicability to
					 any person or circumstance is held invalid by a court, the remainder of the
					 Part or the applicability of the provision to other persons or circumstances
					 shall not be affected.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 8 - Standards for Safeguarding Customer Information › Section 230-RICR-20-60-8.1 - Authority

Current through June 14, 2024
This Regulation is promulgated pursuant to R.I. Gen. Laws
					 §§
										27-58-4,
					 11-49.3-1
et seq.
and 42-35-3. This Regulation applies only to licensees subject to the
					 jurisdiction of the Department of Business Regulation and not those subject to
					 the jurisdiction of the Officer of the Hearing Insurance Commissioner as
					 indicated in R.I. Gen. Laws §§
										42-14-5(d) and
					 42-14.5-1
et
					 seq.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 8 - Standards for Safeguarding Customer Information › Section 230-RICR-20-60-8.2 - Purpose and Scope

Current through June 14, 2024
A. This Regulation
				  establishes standards for developing and implementing administrative, technical
				  and physical safeguards to protect the security, confidentiality and integrity
				  of customer information, pursuant to §§
										501,  505(b), and  507   of the
				  Gramm-Leach-Bliley Act ("GLBA") at
				  15 U.S.C. §§
											6801,
				  6805(b) and
				  6807 (1999) as amended.
B.
										§
										501(a)   of GLBA provides that it is
				  the policy of the Congress that each financial institution has an affirmative
				  and continuing obligation to respect the privacy of its customers and to
				  protect the security and confidentiality of those customers' nonpublic personal
				  information. §
										501(b)   requires the state insurance regulatory authorities
				  establish appropriate standards relating to administrative, technical and
				  physical safeguards:
1. To ensure the
				  security and confidentiality of customer records and information;
2. To protect against any anticipated threats
				  or hazards to the security or integrity of such records; and
3. To protect against unauthorized access to
				  or use of records or information that could result in substantial harm or
				  inconvenience to a customer.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 8 - Standards for Safeguarding Customer Information › Section 230-RICR-20-60-8.3 - Definitions

Current through June 14, 2024
A. For purposes of this Part, the following
				  definitions apply:
1. "Customer" means a
				  customer of the licensee as the term customer is defined in §
											7.4(A)(8)   of
				  this Subchapter.
2. "Customer
				  information" means nonpublic personal financial information as defined in
				  §
											7.4(A)(20)   of this Subchapter and nonpublic personal health information
				  as defined in §
											7.4(A)(21)   of this Subchapter about a customer, whether in
				  paper, electronic or other form, that is maintained by or on behalf of the
				  licensee.
3. "Customer information
				  systems" means the electronic or physical methods used to access, collect,
				  store, use, transmit, protect or dispose of customer information.
4. "Licensee" means a licensee as that term
				  is defined in §
											7.4(A)(17)   of this Subchapter except that "licensee" shall
				  not include: a purchasing group; or an unauthorized insurer in regard to the
				  surplus line business conducted pursuant to R.I. Gen. Laws §§
											27-3-38 through
				  27-3-42.
5. "Service provider" means a person that
				  maintains, processes or otherwise is permitted access to customer information
				  through its provision of services directly to the licensee.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 8 - Standards for Safeguarding Customer Information › Section 230-RICR-20-60-8.4 - Information Security Program

Current through June 14, 2024
Each licensee shall implement a comprehensive written
					 information security program that includes administrative, technical and
					 physical safeguards for the protection of customer information. The
					 administrative, technical and physical safeguards included in the information
					 security program shall be appropriate to the size and complexity of the
					 licensee and the nature and scope of its activities.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 8 - Standards for Safeguarding Customer Information › Section 230-RICR-20-60-8.5 - Objectives of Information Security Program

Current through June 14, 2024
A. A
				  licensee's information security program shall be designed to:
1. Ensure the security and confidentiality of
				  customer information;
2. Protect
				  against any anticipated threats or hazards to the security or integrity of the
				  information; and
3. Protect against
				  unauthorized access to or use of the information that could result in
				  substantial harm or inconvenience to any customer.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 8 - Standards for Safeguarding Customer Information › Section 230-RICR-20-60-8.6 - Examples of Methods of Development and Implementation

Current through June 14, 2024
The actions and procedures described in §§
										8.7  through  8.10   of this Part are examples of methods of implementation of the
					 requirements of §§
										8.4  and  8.5   of this Part. These examples are
					 non-exclusive illustrations of actions and procedures that licensees may follow
					 to implement §§
										8.4  and  8.6   of this Part.