Bill
Number: H.B. 2560
Yarbrough
Floor Amendment
Reference
to: House engrossed bill
Amendment
drafted by: Bill Ritz
FLOOR
AMENDMENT EXPLANATION
The floor amendment to H.B. 2560:
Permits the Director of the Department of
Insurance to obtain audit documents at any time via request as provided by
statute.
Permits a court to require disclosure of
confidential information if corrective action is not taken to correct
noncompliance with state or federal laws within the compliance date set by the
Director.
Clarifies that self-evaluative audit
documents are not admissible in any legal action other than a regulatory action
brought as part of the Director’s duties.
Removes the provision prohibiting the sharing
of confidential information by DOI with the National Association of Insurance
Commissioners.
Expands the types documents and other
information that are not included in the confidentiality privilege.
Removes the 45 day period for which the court
must issue an order an in camera hearing for purpose of determining if a
self-evaluative document is confidential.
Makes technical changes.
Page 1, line 10, strike “WHICH” insert
“that”
Line 14, after “B” insert “of this section”
Line 43, strike “OR OTHER COMPANY”
Page 2, line 5, strike the second comma
Line 17, after “THAN” strike remainder of line
Line 18, strike “BEFORE THE DEPARTMENT SUBJECT TO THE
PROVISIONS OF THIS CHAPTER” insert “a
regulatory or legal action brought as part of the director’s duties”
Line 32, after “ENTITLED” strike remainder of line
Strike lines 33 and 34
Line 35, strike “SUBMITTED INSURANCE COMPLIANCE SELF-EVALUATIVE
AUDIT DOCUMENT”
Page 3, line 11, after the period, insert “a company shall notify the director prior to the initiation
of an insurance compliance audit and, at the conclusion of the insurance
compliance audit, notify the director and make all insurance compliance audit
documents available to the director.”; after “TIME” insert a
period and strike remainder of line
Strike line 12
Between lines 26 and 27, insert:
“(d) documents, communications, data,
spreadsheets, reports, memoranda, drawings, photographs, exhibits, computer
records, maps, charts, graphs, reCorDings and surveys kept or prepared in the
ordinary course of business.”
Page 4, line 1, strike “AN”
Strike line 2
Line 3, strike “THIS CHAPTER” insert “a regulatory or legal action brought as part of the director’s
duties”
Between lines 7 and 8, insert:
“(c) the privileged material shows evidence of
noncompliance with applicable state or federal laws, rules, regulations or
orders of the department and the company, person or entity fails to undertake
corrective action or eliminate the noncompliance within the compliance date set
by the director.”
Page 4, line 8, after the period, insert “except for the director’s authority under sections 20-156,
20-157, 20-157.01, 20-160 and 20-466,”
Line 22, strike “WITHIN FORTY-FIVE DAYS AFTER THE FILING OF THE
PETITION,”
Page 5, strike lines 19 through 27
Reletter to conform
Amend title to conform