Ch. 56

1996 LAWS OF MARYLAND

Article - Insurance

2-209.

(g) (1) Subject to paragraph (2) of this subsection, the Commissioner may
disclose a preliminary examination report, [examination report,] investigation report, or
any other matter related to an examination made under § 2-205 or § 2-206 of this subtitle
or § XX-XXX of this article [48A § 486B] ONLY to the insurance regulatory agency of
another state or to a federal, State, local, or other law enforcement agency.

(2)     A disclosure may be made under paragraph (1) of this subsection only if:

(i) the disclosure is made for regulatory, law enforcement, or
prosecutorial purposes;

(ii) the agency receiving the disclosure agrees in writing to keep the
disclosure confidential and in a manner consistent with this section; and

(iii) the Commissioner is satisfied that the agency will preserve the
confidential nature of the information.

(3)     NOTWITHSTANDING THE PROVISIONS OF THIS SUBSECTION, FINAL
REPORTS OF EXAMINATIONS ARE CONSIDERED PUBLIC DOCUMENTS AND MAY BE
DISCLOSED TO THE PUBLIC.

(4) EXCEPT FOR AN INSURANCE REGULATORY AGENCY OF ANOTHER
STATE OR A FEDERAL, STATE, LOCAL, OR OTHER LAW ENFORCEMENT AGENCY, A
PERSON MAY NOT SUBPOENA:

(I) A PRELIMINARY EXAMINATION REPORT, INVESTIGATION
REPORT, FINANCIAL ANALYSIS, WORK PAPER, OR ANY OTHER MATTER RELATED TO
AN EXAMINATION MADE UNDER § 2-205 OR § 2-206 OF THIS SUBTITLE OR § XX-XXX
OF THIS ARTICLE [48A § 486B]; OR

(II) INFORMATION DESCRIBED UNDER SUBSECTION (H) OF THIS
SECTION.

(H) THE COMMISSIONER MAY NOT DISCLOSE ANY INFORMATION OBTAINED
FROM ANOTHER STATE IF THE INFORMATION IS:

(1)     RELATED TO AN EXAMINATION MADE BY THE OTHER STATE ON AN
INSURER DOMICILED IN THAT STATE; AND

(2)     OF A NATURE THAT WOULD BE CONSIDERED CONFIDENTIAL
UNDER PARAGRAPH (1) OF THIS SUBSECTION IF THE EXAMINATION HAD BEEN
MADE BY THIS STATE UNDER § 2-205 OR § 2-206 OF THIS SUBTITLE OR § XX-XXX OF
THIS ARTICLE [48A § 486B].

SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall
take effect October 1, 1996.

SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act
shall take effect October 1, 1997.

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