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prescribes by rule. The superintendent may not adopt any rule that | | requires the submission of information that permits the | | identification of a viator or relates to transactions when the | | viator is not a resident of this State. The superintendent may not | | request, collect or compile personal information that identifies | | any viator or insured except in connection with the investigation | | of a specific complaint and with the prior written permission of | | the viator or insured or the viator's or insured's estate or | | representative to collect that information. |
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| | | 1-A. Fee for filing annual report. The fee for filing the | | annual report is the same as for an insurer as provided in | | section 601. On or before July 1st of each year, the | superintendent shall forward to each viatical settlement provider | | an itemized bill for the amount due for the filing of the annual | | statement and the amount due for the certificate of authority | | annual fee. |
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| | | 2. Privacy protection. Except as otherwise required or | permitted by law, a viatical settlement provider, viatical | settlement producer, independent viatical producer, institutional | investor, insurance company, insurance producer, independent | | insurance producer, information bureau, rating company or any | | other person with actual knowledge of the identity of a viator, | | or of the insured if other than the viator, may not disclose that | | identity, or the insured's financial or medical information, to | any other person unless the viator, or the insured if other than | the viator, provides written consent to the disclosure and the | | disclosure: |
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| | A. Is made to a viatical settlement provider, a viatical | producer, an independent viatical producer, an institutional | investor or other person determined by rule and is necessary | to effect the viatical settlement between the viator and the | viatical settlement provider necessary to effectuate a | | settlement contract between the viator and a settlement | | provider and the viator and the insured have provided prior | | written consent to the disclosure; |
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| | | B. Is provided in response to an investigation or | | examination by the superintendent or any other government | officer or agency pursuant to section 6807; or |
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| | C. Is necessary to facilitate permit a financing transaction | and is made either to a licensed viatical settlement | provider or to an institutional investor. entity, related | | provider trust or special purpose entity to finance the | | purchase of policies by a settlement provider and the viator | | and insured have provided prior written consent to the | | disclosure; |
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