409.25659 Insurance claim data exchange.
409.25659 Insurance claim data exchange.
(1) As used in this section, the term:
(a) “Insurer” means an entity that is responsible for paying a claim on liability coverage in an insurance contract and is:
1. An insurer, as defined in s. 624.03, authorized to transact insurance in this state;
2. An eligible surplus lines insurer pursuant to part VIII of chapter 626;
3. A joint underwriter or joint reinsurer created by law or otherwise operating pursuant to s. 627.311; or
4. An insurance risk apportionment plan operating pursuant to s. 627.351.
(b) “Claim” means an open, unresolved bodily injury claim on liability coverage in excess of $3,000 in an insurance contract payable to an individual, or to a third party for the benefit of the individual, who is a resident of this state or who had an accident or loss that occurred in this state or who has an outstanding child support obligation in this state.
(2) The department shall develop and operate a data match system after consultation with one or more insurers, using automated data exchanges to the maximum extent feasible, in which an insurer may voluntarily provide the department monthly with the name, address, and, if known, date of birth and social security number or other taxpayer identification number for each parent who has a claim with the insurer and who owes past due support, and the claim number maintained by the insurer for each claim. An insurer may provide such data by:
(a) Authorizing an insurance claim data collection organization, to which the insurer subscribes and to which the insurer submits the required claim data on at least a monthly basis, to:
1. Receive or access a data file from the department and conduct a data match of all parents who have a claim with the insurer and who owe past due support and submit the required data for each such parent to the department; or
2. Submit a data file to the department which contains the required data for each claim being maintained by the insurer for the department to conduct a data match;
(b) Providing the required data for each claim being maintained by the insurer directly to the department in an electronic medium; or
(c) Receiving or accessing a data file from the department and conducting a data match of all parents who have a claim with the insurer and who owe past due support and submitting the required data for each such parent to the department.
(3) The department shall establish by rule a standard fee, not to exceed actual costs, and pay the fee upon request to an insurer or the insurer’s claim data collection organization for conducting a data match as provided by subsection (2).
(4) An insurer and its directors, agents, employees, and insureds, and any insurance claim data collection organization and its agents and employees authorized by an insurer to act on its behalf, which provides or attempts to provide data under this section are immune from any civil liability under any law to any person or entity for any alleged or actual damages that occur as a result of providing or attempting to provide data under this section.
(5) The department and insurers may only use the data obtained pursuant to subsection (2) for the purpose of identifying parents who owe past due support. If the department does not match such data with a parent who owes past due support, such data shall be destroyed immediately and shall not be maintained by the department.
(6) The department may adopt rules to implement and administer this section.
History. s. 14, ch. 2004-334; s. 24, ch. 2008-61.