House Bill 1899 — State of Washington, 67th Legislature, 2022 Regular Session (Department of Financial Institutions)
Summary
House Bill 1899 of the State of Washington, 67th Legislature, 2022 Regular Session (Z-0323.3), by Representatives Kirby, Vick, Graham, and Young, by request of Department of Financial Institutions, read first time January 11, 2022, and referred to the Committee on Consumer Protection & Business. The bill relates to confidentiality of certain data shared with the department of financial institutions, reenacts and amends RCW 42.56.400, and adds a new section to chapter 43.320 RCW. Section 1 provides that information provided to the department by an agency of another state or the federal government is exempt from disclosure under chapter 42.56 RCW to the extent it is confidential or exempt under specific federal law or the specific laws of another state. Section 2 reenacts the list of exemptions in RCW 42.56.400.
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“House Bill 1899 — State of Washington, 67th Legislature, 2022 Regular Session (Department of Financial Institutions).”
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Z-0323.3
HOUSE BILL 1899
State of Washington 67th Legislature 2022 Regular Session
By Representatives Kirby, Vick, Graham, and Young; by request of
Department of Financial Institutions
Read first time 01/11/22. Referred to Committee on Consumer
Protection & Business.
1 AN ACT Relating to confidentiality of certain data shared with
2 the department of financial institutions; reenacting and amending RCW
3 42.56.400; and adding a new section to chapter 43.320 RCW.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 NEW SECTION. Sec. 1. A new section is added to chapter 43.320
6 RCW to read as follows:
7 (1) Information provided to the department of financial
8 institutions by an agency of another state or the federal government,
9 or regulatory association comprised of members of financial
10 regulatory agencies, to the extent such information is confidential
11 or exempt from disclosure under specific federal law or the specific
12 laws of another state, shall be exempt from disclosure under chapter
13 42.56 RCW.
14 (2) The information in subsection (1) of this section is not
15 exempt when included in records prepared by the department that
16 represent agency action, as defined in RCW 34.05.010.
17 (3) For the purpose of regulating financial institutions, the
18 director of financial institutions or the director's designee may
19 enter into agreements governing the sharing, receiving, and use of
20 documents, materials, or other information consistent with this
21 section and chapter 42.56 RCW.
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1 Sec. 2. RCW 42.56.400 and 2020 c 243 s 4 and 2020 c 240 s 9 are
2 each reenacted and amended to read as follows:
3 The following information relating to insurance and financial
4 institutions is exempt from disclosure under this chapter:
5 (1) Records maintained by the board of industrial insurance
6 appeals that are related to appeals of crime victims' compensation
7 claims filed with the board under RCW 7.68.110;
8 (2) Information obtained and exempted or withheld from public
9 inspection by the health care authority under RCW 41.05.026, whether
10 retained by the authority, transferred to another state purchased
11 health care program by the authority, or transferred by the authority
12 to a technical review committee created to facilitate the
13 development, acquisition, or implementation of state purchased health
14 care under chapter 41.05 RCW;
15 (3) The names and individual identification data of either all
16 owners or all insureds, or both, received by the insurance
17 commissioner under chapter 48.102 RCW;
18 (4) Information provided under RCW 48.30A.045 through 48.30A.060;
19 (5) Information provided under RCW 48.05.510 through 48.05.535,
20 48.43.200 through 48.43.225, 48.44.530 through 48.44.555, and
21 48.46.600 through 48.46.625;
22 (6) Examination reports and information obtained by the
23 department of financial institutions from banks under RCW 30A.04.075,
24 from savings banks under RCW 32.04.220, from savings and loan
25 associations under RCW 33.04.110, from credit unions under RCW
26 31.12.565, from check cashers and sellers under RCW 31.45.030(3), and
27 from securities brokers and investment advisers under RCW 21.20.100,
28 and information received under section 1 of this act, all of which
29 ((is)) are confidential and privileged information;
30 (7) Information provided to the insurance commissioner under RCW
31 48.110.040(3);
32 (8) Documents, materials, or information obtained by the
33 insurance commissioner under RCW 48.02.065, all of which are
34 confidential and privileged;
35 (9) Documents, materials, or information obtained or provided by
36 the insurance commissioner under RCW 48.31B.015(2) (l) and (m),
37 48.31B.025, 48.31B.030, 48.31B.035, and 48.31B.036, all of which are
38 confidential and privileged;
39 (10) Data filed under RCW 48.140.020, 48.140.030, 48.140.050, and
40 7.70.140 that, alone or in combination with any other data, may
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1 reveal the identity of a claimant, health care provider, health care
2 facility, insuring entity, or self-insurer involved in a particular
3 claim or a collection of claims. For the purposes of this subsection:
4 (a) "Claimant" has the same meaning as in RCW 48.140.010(2).
5 (b) "Health care facility" has the same meaning as in RCW
6 48.140.010(6).
7 (c) "Health care provider" has the same meaning as in RCW
8 48.140.010(7).
9 (d) "Insuring entity" has the same meaning as in RCW
10 48.140.010(8).
11 (e) "Self-insurer" has the same meaning as in RCW 48.140.010(11);
12 (11) Documents, materials, or information obtained by the
13 insurance commissioner under RCW 48.135.060;
14 (12) Documents, materials, or information obtained by the
15 insurance commissioner under RCW 48.37.060;
16 (13) Confidential and privileged documents obtained or produced
17 by the insurance commissioner and identified in RCW 48.37.080;
18 (14) Documents, materials, or information obtained by the
19 insurance commissioner under RCW 48.37.140;
20 (15) Documents, materials, or information obtained by the
21 insurance commissioner under RCW 48.17.595;
22 (16) Documents, materials, or information obtained by the
23 insurance commissioner under RCW 48.102.051(1) and 48.102.140 (3) and
24 (7)(a)(ii);
25 (17) Documents, materials, or information obtained by the
26 insurance commissioner in the commissioner's capacity as receiver
27 under RCW 48.31.025 and 48.99.017, which are records under the
28 jurisdiction and control of the receivership court. The commissioner
29 is not required to search for, log, produce, or otherwise comply with
30 the public records act for any records that the commissioner obtains
31 under chapters 48.31 and 48.99 RCW in the commissioner's capacity as
32 a receiver, except as directed by the receivership court;
33 (18) Documents, materials, or information obtained by the
34 insurance commissioner under RCW 48.13.151;
35 (19) Data, information, and documents provided by a carrier
36 pursuant to section 1, chapter 172, Laws of 2010;
37 (20) Information in a filing of usage-based insurance about the
38 usage-based component of the rate pursuant to RCW 48.19.040(5)(b);
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1 (21) Data, information, and documents that are submitted to the
2 office of the insurance commissioner by an entity providing health
3 care coverage pursuant to RCW 28A.400.275;
4 (22) Data, information, and documents obtained by the insurance
5 commissioner under RCW 48.29.017;
6 (23) Information not subject to public inspection or public
7 disclosure under RCW 48.43.730(5);
8 (24) Documents, materials, or information obtained by the
9 insurance commissioner under chapter 48.05A RCW;
10 (25) Documents, materials, or information obtained by the
11 insurance commissioner under RCW 48.74.025, 48.74.028, 48.74.100(6),
12 48.74.110(2) (b) and (c), and 48.74.120 to the extent such documents,
13 materials, or information independently qualify for exemption from
14 disclosure as documents, materials, or information in possession of
15 the commissioner pursuant to a financial conduct examination and
16 exempt from disclosure under RCW 48.02.065;
17 (26) Nonpublic personal health information obtained by, disclosed
18 to, or in the custody of the insurance commissioner, as provided in
19 RCW 48.02.068;
20 (27) Data, information, and documents obtained by the insurance
21 commissioner under RCW 48.02.230;
22 (28) Documents, materials, or other information, including the
23 corporate annual disclosure obtained by the insurance commissioner
24 under RCW 48.195.020;
25 (29) Findings and orders disapproving acquisition of a trust
26 institution under RCW 30B.53.100(3);
27 (30) All claims data, including health care and financial related
28 data received under RCW 41.05.890, received and held by the health
29 care authority; and
30 (31) Contracts not subject to public disclosure under RCW
31 48.200.040 and 48.43.731.
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