§ 58-47-165. Books and records.
§58‑47‑165. Books and records.
(a) Every TPA orservice company shall maintain and make available to the self‑insurercomplete books and records of all transactions performed on behalf of the self‑insurer.The books and records shall be maintained by the self‑insurer, TPA, orservice company in accordance with G.S. 58‑47‑180.
(b) The Commissionershall have access to books and records maintained by a TPA or service companyfor the purposes of examination, audit, or inspection. The Commissioner shallkeep confidential any trade secrets contained in those books and records,including the identity and addresses of the covered members of a self‑insurer,except that the Commissioner may use the information in any judicial oradministrative proceeding instituted against the TPA or service company.
(c) The Commissionermay use the TPA or service company as an intermediary in the Commissioner'sdealings with the self‑insurer if the Commissioner determines that thiswill result in a more rapid and accurate flow of information from the self‑insurerand will aid in the self‑insurer's compliance with this Article and theWorkers' Compensation Act.
(d) The self‑insurershall own the books and records generated by the TPA or service companypertaining to the self‑insurer's business.
(e) The self‑insurershall have access to and rights to duplicate all books and records related toits business.
(f) If the self‑insurerand the TPA or service company cancel their agreement, notwithstanding theprovisions of subsection (a) of this section, the TPA or service company, shalltransfer all books and records to the new TPA, service company, or the self‑insurerin a form acceptable to the Commissioner. The new TPA or service company shallacknowledge, in writing, that it is responsible for retaining the books andrecords of the previous TPA, service company, or the self‑insurer asrequired in subsection (a) of this section. (1997‑362, s. 3.)