Judicial Process Exception in Department Rule 74

Arkansas Insurance Department Mike Beebe Julie Benafield Bowman Governor Commissioner 1200 West Third Street, Little Rock, AR 72201-1904 · (501) 371-2600 · (501) 371-2618 fax · www.insurance.arkansas.gov Information (800) 282-9134 · Consumer Services (800) 852-5494 · Seniors (800) 224-6330 · Criminal Inv. (866) 660-0888 February 22, 2008 BULLETIN NO. 3-2008 TO: ALL LICENSED INURERS, THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS, AND OTHER INTERESTED PARTIES FROM: ARKANSAS INSURANCE DEPARTMENT SUBJECT: JUDICIAL PROCESS EXCEPTION IN DEPARTMENT RULE 74 Department Rule 74 governs the treatment of nonpublic personal health and financial information by all licensees of the Arkansas Insurance Department. The disclosure of nonpublic personal health and financial information is permitted in certain situations and circumstances as set forth in Article IV of Rule 74. One exception to nondisclosure is found in Section 16(A)(7)(c) of Rule 74, which provides that disclosure of nonpublic personal health or financial information is permitted “to respond to judicial process.” When a licensee of this Department is required by court order to respond to discovery requests for nonpublic personal health or financial information, it is not a violation of Rule 74 to comply with the court order. Rather, under these circumstances, the production is made in order to respond to judicial process as contemplated by Section 16(A)(7)(c) of Rule 74. It is the recommendation of this Department that a confidentiality agreement or order be in place prior to the production of any nonpublic personal health or financial information pursuant to court order. Questions concerning this Bulletin should be directed to the Arkansas Insurance Department’s Legal Division at (501) 371-2820 or via e-mail to insurance.legal@arkansas.gov. (signed by Julie Benafield Bowman) _______________________________ JULIE BENAFIELD BOWMAN INSURANCE COMMISSIONER STATE OF ARKANSAS (February 22, 2008) ______________________________ DATE