House Bill No. 248 aims to amend the existing law regarding the public inspection of insurance rate filings by establishing clearer guidelines for determining the confidentiality of submitted information. The bill modifies R.S. 22:1464(D) to require the commissioner of insurance to assess whether information marked as confidential, trade secret, or proprietary by insurers or filers is indeed subject to public disclosure. This replaces the previous provision that allowed insurers or filers to unilaterally deem their information confidential. The commissioner must notify the insurer or filer of any requests for such information and provide a determination regarding its confidentiality status.
Additionally, the bill allows insurers or filers to request a hearing before the division of administrative law within ten days of receiving the commissioner's notice. If a hearing is requested, the commissioner's determination regarding the confidentiality of the information will be stayed. The hearings are to be conducted with preference and in a summary manner, and the court may review the disputed documents in camera before making a decision. Importantly, the bill clarifies that public examination or reproduction of records that are not deemed confidential, trade secret, or proprietary remains permissible.
Statutes affected: HB248 Original: 22:1464(D)
HB248 Engrossed: 22:1464(D)
HB248 Reengrossed: 22:1464(D)