Sec. 38a-8. (Formerly Sec. 38-4). Duties of commissioner. Regulations. Sharing and maintenance of confidential information. Use of outside experts. Plan re medical malpractice industry.
Sec. 38a-8. (Formerly Sec. 38-4). Duties of commissioner. Regulations. Sharing and maintenance of confidential information. Use of outside experts. Plan re
medical malpractice industry. (a) The commissioner shall see that all laws respecting
insurance companies and health care centers are faithfully executed and shall administer
and enforce the provisions of this title. The commissioner has all powers specifically
granted, and all further powers that are reasonable and necessary to enable the commissioner to protect the public interest in accordance with the duties imposed by this title.
The commissioner shall pay to the Treasurer all the fees which he receives. The commissioner may administer oaths in the discharge of his duties.
(b) The commissioner shall recommend to the General Assembly changes which,
in his opinion, should be made in the laws relating to insurance.
(c) In addition to the specific regulations which the commissioner is required to
adopt, the commissioner may adopt such further regulations as are reasonable and necessary to implement the provisions of this title. Regulations shall be adopted in accordance
with the provisions of chapter 54.
(d) The commissioner shall develop a program of periodic review to ensure compliance by the Insurance Department with the minimum standards established by the National Association of Insurance Commissioners for effective financial surveillance and
regulation of insurance companies operating in this state. The commissioner shall adopt
regulations, in accordance with the provisions of chapter 54, pertaining to the financial
surveillance and solvency regulation of insurance companies and health care centers as
are reasonable and necessary to obtain or maintain the accreditation of the Insurance
Department by the National Association of Insurance Commissioners. The commissioner shall maintain, as confidential, any confidential documents or information received from the National Association of Insurance Commissioners, or the International
Association of Insurance Supervisors, or any documents or information received from
state or federal insurance, banking or securities regulators or similar regulators in a
foreign country which are confidential in such jurisdictions. The commissioner may
share any information, including confidential information, with the National Association of Insurance Commissioners, the International Association of Insurance Supervisors, or state or federal insurance, banking or securities regulators or similar regulators
in a foreign country so long as the commissioner determines that such entities agree to
maintain the same level of confidentiality in their jurisdiction as is available in this state.
The commissioner may engage the services of, at the expense of a domestic, alien or
foreign insurer, attorneys, actuaries, accountants and other experts not otherwise part of
the commissioner's staff as may be necessary to assist the commissioner in the financial
analysis of the insurer, the review of the insurer's license applications, and the review
of transactions within a holding company system involving an insurer domiciled in this
state. No duties of a person employed by the Insurance Department on November 1,
2002, shall be performed by such attorney, actuary, accountant or expert.
(e) The Insurance Commissioner shall establish a program to reduce costs and increase efficiency through the use of electronic methods to transmit documents, including
policy form and rate filings, to and from insurers and the Insurance Department. The
commissioner may sit as a member of the board of a consortium organized by or in
association with the National Association of Insurance Commissioners for the purpose
of coordinating a system for electronic rate and form filing among state insurance departments and insurers.
(f) The commissioner shall maintain, as confidential, information obtained, collected or prepared in connection with examinations, inspections or investigations, and
complaints from the public received by the Insurance Department if such records are
protected from disclosure under federal law or state statute or, in the opinion of the
commissioner, such records would disclose, or would reasonably lead to the disclosure
of: (1) Investigative information the disclosure of which would be prejudicial to such
investigation, until such time as the investigation is concluded; or (2) personal, financial
or medical information concerning a person who has filed a complaint or inquiry with
the Insurance Department, without the written consent of the person or persons to whom
the information pertains.
(g) Not later than January 1, 2006, the Insurance Commissioner shall develop a
plan to maintain a viable medical malpractice insurance industry in this state for physicians and surgeons, hospitals, advanced practice registered nurses and physician assistants. Such plan shall be submitted to the Governor upon its completion.
(1949 Rev., S. 6029; 1959, P.A. 78, S. 1; P.A. 90-243, S. 2; P.A. 92-112, S. 1; P.A. 95-168, S. 1; P.A. 98-57, S. 1; 98-85; P.A. 99-9, S. 1, 6; P.A. 03-121, S. 1; 03-127, S. 1; P.A. 05-275, S. 13.)
History: 1959 act deleted requirement that the commissioner supply insurance companies with the forms required by
law; P.A. 90-243 expanded the insurance commissioner's statutory powers, duties and obligations and divided section into
Subsecs.; Sec. 38-4 transferred to Sec. 38a-8 in 1991; P.A. 92-112 added a new Subsec. (d) allowing the commissioner to
develop a program of periodic review to ensure financial integrity as a minimum standard as required by the National
Association of Insurance Commissioners; P.A. 95-168 amended Subsec. (d) to add provisions re confidentiality of documents received by Insurance Commissioner; P.A. 98-57 amended Subsec. (d) to require the commissioner to maintain as
confidential information received from the International Association of Insurance Supervisors, or from state or federal
insurance, banking or securities regulators or similar regulators in a foreign country, and authorized the commissioner to
share confidential information with those officials; P.A. 98-85 added new Subsec. (e) to require the commissioner to
establish a program to use electronic methods to transmit documents to and from insurers, and authorized the commissioner
to sit on a consortium re electronic rate and form filing among state insurance departments and insurers; P.A. 99-9 amended
Subsecs. (a) and (d) to reference "health care centers", effective May 12, 1999; P.A. 03-121 added Subsec. (f) re confidentiality of information re inspections or investigations and complaints; P.A. 03-127 amended Subsec. (d) by adding provisions
re commissioner's power to engage the services of experts not otherwise part of commissioner's staff; P.A. 05-275 added
new Subsec. (g) re development of a plan to maintain a viable medical malpractice insurance industry in state, effective
July 13, 2005.
Annotation to former section 38-4:
Permits commissioner to supervise activities of insurance companies so as to see that they fulfill obligations imposed
on them by law. 140 C. 222.