26.1-23.1-04. Annual financial statements required - Confidentiality

26.1-23.1-04. Annual financial statements required - Confidentiality 1. Every government self-insurance pool authorized by the insurance commissioner shall file with the commissioner on or before March thirty-first of each year an audited statement of its financial condition and business for the year ending on the preceding December thirty-first. The financial statement must be audited by an independent certified public accountant and the financial statement must be in a form prescribed or approved by the commissioner. The financial statement must be verified by the signature and oath of the pool's authorized representative. If a self-insurance pool fails to provide for the audited financial statement required by this section, the insurance commissioner shall have the audit performed at the expense of the pool. All working papers of the commissioner's staff are confidential and not open for public inspection until the report is final unless the commissioner declares that the material or any part of the material is not confidential. If a self-insured pool is found to be in a deficit condition, the pool shall file a financial plan acceptable to the commissioner to correct the deficit condition. 2. At least triennially, and at such other times as the insurance commissioner deems necessary, the commissioner shall inspect and examine the affairs of every government self-insurance pool. The commissioner shall conduct examinations of each self-insured government pool and all expenses and costs relating to the examination must be paid by the pool. 3. The insurance commissioner shall monitor the financial solvency of government self-insurance pools to ensure that a pool's liabilities for claims, present and contingent, and other expenses are at no time greater than the pool's assets. The commissioner may enjoin a self-insured government pool from conducting further business or take other appropriate regulatory action whenever in the commissioner's judgment a pool is insolvent or otherwise financially impaired.