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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).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-02-22-a29904-bill-1899-a5010525f3/, SHA-256 2732041a58c875d1a034877c8b491a7a0a7e98530e53c3c1858fb1e4dc1140f3.

Full text

     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.
                                     p. 1                                HB 1899
 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
                                     p. 2                          HB 1899
 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);



                                     p. 3                          HB 1899
 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.

                                  --- END ---




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