Title 38a — Title 38a: Insurance

Secs. 38a-971 to 38a-974. Reserved for future use.

Sec. 38a-975. (Formerly Sec. 38-500). Short title: Connecticut Insurance Information and Privacy Protection Act. Sections 38a-975 to 38a-998, inclusive, may be cited as the “Connecticut Insurance Information and Privacy Protection Act”. (P.A. 81-368, S. 1, 25.) History: Sec. 38-5…

Sec. 38a-976. (Formerly Sec. 38-501). Definitions. As used in sections 38a-975 to 38a-998, inclusive: (1) “Adverse underwriting decisions” means: (A) Any of the following actions with respect to insurance transactions involving insurance coverage that is individually underwritten…

Sec. 38a-977. (Formerly Sec. 38-502). Applicability. Exceptions. (a) The obligations imposed by sections 38a-975 to 38a-998, inclusive, shall apply to those insurance institutions, agents or insurance-support organizations which, on or after October 1, 1982: (1) In the case of li…

Sec. 38a-978. (Formerly Sec. 38-503). Use of pretext interviews. No insurance institution, agent or insurance-support organization shall use or authorize the use of a pretext interview to obtain information in connection with an insurance transaction; except it may be used to obt…

Sec. 38a-979. (Formerly Sec. 38-504). Notice of insurance information practices. (a) An insurance institution or agent shall provide a notice of information practices to all applicants or policyholders in connection with insurance transactions as provided in this section: (1) In …

Sec. 38a-980. (Formerly Sec. 38-505). Insurer to specify questions for marketing or research purposes. An insurance institution or agent shall specify those questions designed solely to obtain information for marketing or research purposes from an individual in connection with an…

Sec. 38a-981. (Formerly Sec. 38-506). Content of disclosure authorization forms. Disclosure of health benefits to exclusive bargaining agent or subgroup of a multi-bargaining-unit group. (a) Notwithstanding any provision of the general statutes, no insurance institution, agent or…

Sec. 38a-982. (Formerly Sec. 38-507). Investigative consumer reports. (a) No insurance institution, agent or insurance-support organization shall prepare or request an investigative consumer report pertaining to an individual in connection with an insurance transaction involving …

Sec. 38a-983. (Formerly Sec. 38-508). Access to recorded personal information. (a) If an individual, after proper identification, submits a written request to an insurance institution, agent or insurance-support organization for access to recorded personal information concerning …

Sec. 38a-984. (Formerly Sec. 38-509). Correction, amendment or deletion of recorded personal information. (a) Not later than thirty business days from the date of receipt of a written request from an individual to correct, amend or delete any recorded personal information concern…

Sec. 38a-985. (Formerly Sec. 38-510). Insurer to provide its reasons for adverse underwriting decisions. (a) Subject to the provisions of sections 38a-307, 38a-323 and 38a-343, in the event of an adverse underwriting decision, the insurance institution or agent responsible for th…

Sec. 38a-986. (Formerly Sec. 38-511). Information concerning previous adverse underwriting decisions and coverage through residual market mechanisms. No insurance institution, agent or insurance-support organization shall seek information in connection with an insurance transacti…

Sec. 38a-987. (Formerly Sec. 38-512). Insurer prohibited from considering previous adverse underwriting decision or past residual market mechanism coverage. No insurance institution or agent shall base an adverse underwriting decision in whole or in part: (1) On a previous advers…

Sec. 38a-988. (Formerly Sec. 38-513). Disclosure limitations and conditions. An insurance institution, agent or insurance-support organization shall not disclose any personal or privileged information concerning an individual collected or received in connection with an insurance …

Sec. 38a-988a. Sale of individually identifiable medical record information prohibited. Written consent re disclosure for marketing purposes. Exceptions. Cause of action for violations. (a) No person, including, but not limited to, insurance institutions, agents, insurance suppor…

Sec. 38a-989. (Formerly Sec. 38-514). Powers of commissioner. (a) The commissioner shall have power to examine and investigate into the affairs of every insurance institution or agent doing business in this state to determine whether the institution or agent has been engaged or i…

Sec. 38a-990. (Formerly Sec. 38-515). Hearings; subpoenas; service of process. (a) Whenever the commissioner has reason to believe that an insurance institution, agent or insurance-support organization has been engaged or is engaging in conduct in this state which violates this c…

Sec. 38a-991. (Formerly Sec. 38-516). Insurance-support organizations to appoint commissioner to accept service of process. For purposes of sections 38a-975 to 38a-998, inclusive, an insurance-support organization transacting business outside this state which affects a resident o…

Sec. 38a-992. (Formerly Sec. 38-517). Commissioner to prepare findings. (a) If, after a hearing pursuant to section 38a-990, the commissioner determines that the insurance institution, agent or insurance-support organization charged has engaged in conduct or practices in violatio…

Sec. 38a-993. (Formerly Sec. 38-518). Penalties. (a) In any case where a hearing pursuant to section 38a-990 results in the finding of a negligent violation of sections 38a-975 to 38a-998, inclusive, the commissioner may, in addition to the issuance of a cease and desist order as…

Sec. 38a-994. (Formerly Sec. 38-519). Appeals from orders. (a) Any person aggrieved by an order of the commissioner issued pursuant to sections 38a-975 to 38a-998, inclusive, may appeal therefrom in accordance with the provisions of section 4-183, except venue for such appeal sha…

Sec. 38a-995. (Formerly Sec. 38-520). Individual remedies. (a) If an insurance institution, agent or insurance-support organization fails to comply with section 38a-983, 38a-984 or 38a-985 with respect to the rights granted under those sections, any person whose rights are violat…

Sec. 38a-996. (Formerly Sec. 38-521). Immunity. Any person who discloses personal or privileged information in accordance with sections 38a-975 to 38a-998, inclusive, or who furnishes such information to an insurance institution, agent or insurance-support organization, shall be …

Sec. 38a-997. (Formerly Sec. 38-522). Obtaining information under false pretenses. Fine. Any person who knowingly and wilfully obtains information concerning an individual from an insurance institution, agent or insurance-support organization under false pretenses shall be fined …

Sec. 38a-998. (Formerly Sec. 38-523). Severability. If any provision of sections 38a-975 to 38a-998, inclusive, or the application thereof to any person or circumstance is for any reason held to be invalid, the remainder of said sections and the application of such provision to o…

Sec. 38a-999. Written policies, standards and procedures re medical record information. (a) An insurance institution, agent or insurance support organization that regularly collects, uses or discloses medical record information, as defined in section 38a-976, shall develop and im…

Sec. 38a-999a. Disclosure of individually identifiable medical record information with malicious intent prohibited. Penalty. (a) No person shall disclose individually identifiable medical record information, as defined in subsection (r) of section 38a-976, with the malicious inte…

Sec. 38a-999b. Comprehensive information security program to safeguard personal information. Certification. Notice requirements for actual or suspected breach. Penalty. Section 38a-999b is repealed, effective October 1, 2021. (P.A. 15-142, S. 5; P.A. 19-117, S. 401; 19-196, S. 9.…

Sec. 38a-1000. Applicability. The provisions of subsection (e) of section 31-288 and sections 31-289b, 31-316, 31-345 and 38a-1000 to 38a-1023, inclusive, shall apply to workers' compensation self-insurance groups here and after formed in accordance with said sections. Subsection…

Sec. 38a-1001. Definitions. As used in subsection (e) of section 31-288 and sections 31-289b, 31-316, 31-345 and 38a-1000 to 38a-1023, inclusive: (1) “Administrator” means an individual, partnership or corporation engaged by a workers' compensation self-insurance group's board of…

Sec. 38a-1002. Approval of self-insurance group required. No person, association or other entity shall act as a workers' compensation self-insurance group unless it has received approval by the commissioner to transact such business. (P.A. 96-267, S. 3.)

Sec. 38a-1003. Group certificate of approval. Application. Fees. (a) A proposed workers' compensation self-insurance group shall file with the commissioner its application for a certificate of approval accompanied by a nonrefundable filing fee in the amount of two hundred fifty d…

Sec. 38a-1004. Duration and termination of certificate of approval. (a) The certificate of approval issued by the commissioner to a workers' compensation self-insurance group shall authorize the group to provide workers' compensation benefits. The certificate of approval shall re…

Sec. 38a-1005. Examination of group. Costs. The commissioner may examine the affairs, transactions, accounts, records, assets and liabilities of each group if said commissioner has reasonable cause to believe that such examination is necessary. The expense of such examinations sh…

Sec. 38a-1006. Group board of trustees. Each group shall be operated by a board of trustees which shall consist of not less that five persons whom the members of a group elect for stated terms of office. At least two-thirds of the trustees shall be employees, officers or director…

Sec. 38a-1007. Requirements for an employer to join group after its approval. Termination of membership. Insolvency or bankruptcy of member. (a) An employer joining a workers' compensation self-insurance group after the group has been issued a certificate of approval shall: (1) S…

Sec. 38a-1008. Service company and administrator to be mutually disinterested. (a) No service company or its employees, officers or directors shall be an employee, officer or director of, or have either a direct or indirect financial interest in, an administrator. No administrato…

Sec. 38a-1009. Nonemployee soliciting group membership must be licensed. Except for a salaried employee of a group, its administrator or its service company, any person soliciting membership for a workers' compensation self-insurance group shall be licensed pursuant to chapter 70…

Sec. 38a-1010. Annual statement of financial condition required. Untrue statement prohibited. (a) Each group shall submit to the commissioner a statement of financial condition audited by an independent certified public accountant on or before the last day of the sixth month foll…

Sec. 38a-1011. Taxes. Each workers' compensation self-insurance group, as defined in section 38a-1001, shall pay a tax to the Commissioner of Revenue Services for the calendar year commencing on January 1, 1997, and annually thereafter, at the rate of one and three-quarters per c…

Sec. 38a-1012. Misrepresentation and omission in membership solicitation prohibited. No person shall make a material misrepresentation or omission of a material fact in connection with the solicitation of membership of a group. (P.A. 96-267, S. 13.)

Sec. 38a-1013. Investments. Funds not needed for current obligations may be invested by the board of trustees in accordance with sections 38a-102 to 38a-102h, inclusive. (P.A. 96-267, S. 14.)

Sec. 38a-1014. Classifications and rating. Premium contributions. Audits. Hearings. (a) Every workers' compensation self-insurance group shall adhere to the uniform classification system, uniform experience rating plan and manual rules filed with the commissioner. (b) Premium con…

Sec. 38a-1015. Excess moneys refundable. Refund plan. Notice. (a) Any moneys for a fund year in excess of the amount necessary to fund all obligations for that fund year may be declared to be refundable by the board of trustees not less than twelve months after the end of the fun…

Sec. 38a-1016. Premium payment plan required. Loss reserves. Bad debt reserves. (a) Each group shall establish to the satisfaction of the commissioner a premium payment plan which shall include: (1) An initial payment by each member of at least twenty-five per cent of that member…

Sec. 38a-1017. Deficiencies. Insolvency. Liquidation and assessment. (a) If the assets of a group are at any time insufficient to enable the group to discharge its legal liabilities and other obligations and to maintain the reserves required of it under the provisions of subsecti…

Sec. 38a-1018. Penalties. After notice and opportunity for a hearing, the commissioner may impose a monetary penalty on any person or group found to be in violation of any provision of subsection (e) of section 31-288 or section 31-289b, 31-316, 31-345 or 38a-1000 to 38a-1023, in…

Sec. 38a-1019. Cease and desist orders. Violations. Penalties. License and certificate revocation. (a) After notice and opportunity for a hearing, the commissioner may issue an order requiring a person or group to cease and desist from engaging in an act or practice found to be i…

Sec. 38a-1020. Revocation of certificate of approval. (a) After notice and opportunity for a hearing, the commissioner may revoke a group's certificate of approval if it: (1) Is found to be insolvent; (2) fails to pay any premium tax, regulatory fee or assessment or special fund …