Iowa Administrative Code

person has been issued an Iowa navigator license. 85.3(1) To be licensed as a navigator, a person must satisfy the following requirements: a. Be at least 18 years of age; b. Demonstrate compliance with the initial training and certification requirements set forth in rule 191—85.1…

85.4(1) A person that meets the requirements of this chapter and of Iowa Code sections 522D.4 and 522D.5, unless otherwise denied licensure pursuant to Iowa Code section 522D.7, shall be issued a navigator license. A navigator license shall be valid for three years. A navigator l…

the expiration date of the license. Failure to apply to renew a license and pay appropriate fees prior to the expiration date of the license will result in expiration of the license. [ARC 0981C, IAB 8/21/13, effective 9/25/13]

85.6(1) A navigator may reinstate an expired license up to 12 months after the license expiration date by proving that during the continuing education term the navigator met the continuing education requirements of this chapter and by paying a reinstatement fee and license renewa…

forfeiture in connection with disciplinary matters; and forfeiture in lieu of compliance. 85.7(1) The term “reinstatement” as used in this rule means the reinstatement of a suspended license. The term “reissuance” as used in this rule means the issuance of a new license following…

85.8(1) If a navigator changes the navigator’s legal name, the navigator must file written notification with the division within 30 days of the name change. The notification must include the navigator’s previous name and new name. 85.8(2) If a navigator changes the navigator’s ad…

85.9(1) A business entity that has been appointed as a navigator shall obtain a navigator license. 85.9(2) Navigator entities shall be exempt from the requirements of training, examination, and continuing education. All individual navigators that are hired, retained, recruited, e…

90.1(1) This chapter governs the treatment of nonpublic personal financial information and nonpublic personal health information about individuals by all licensees of the insurance division. 90.1(2) This chapter also applies to nonpublic personal financial information and nonpubl…

90.10(1) In the event a licensee receives nonpublic personal financial information from a nonaffiliated financial institution under an exception to rules 191—90.13(505) and 191—90.14(505), the licensee’s disclosure and use of that information is limited as follows: a. The license…

90.11(1) A licensee shall not directly or through an affiliate disclose, other than to a consumer reporting agency, a policy number or similar form of access number or access code for a consumer’s policy or transaction account to any nonaffiliated third party for use in telemarke…

with another financial institution, the licensee satisfies the disclosure requirement of paragraph 90.5(1)“e” if it does the following: a. Lists the categories of nonpublic personal financial information it discloses using the same categories and examples the licensee used to mee…

financial information for processing and servicing transactions. 90.13(1) The requirements for initial notice in paragraph 90.3(1)“b,” for the opt out in rules 191— 90.6(505) and 191—90.9(505), and for service providers and joint marketing in rule 191—90.12(505) do not apply if t…

personal financial information. 90.14(1) The requirements for initial notice to consumers in paragraph 90.3(1)“b,” for the opt out in rules 191—90.6(505) and 191—90.9(505), and for service providers and joint marketing in rule 191— 90.12(505) do not apply when a licensee disclose…

comply with the above requirements if the licensee uses text or visual cues to encourage scrolling down the page if necessary to view the entire notice and ensure that other elements on the website such as text, graphics, hyperlinks or sound do not distract attention from the not…

90.16(1) A licensee is not subject to the notice and opt-out requirements for nonpublic personal financial information if: a. The licensee is an employee, agent or other representative of another licensee; and b. The other licensee otherwise complies with, and provides the notice…

90.17(1) A licensee shall not disclose nonpublic personal health information about a consumer or customer unless an authorization is obtained from the consumer or customer whose nonpublic personal health information is sought to be disclosed. 90.17(2) Nothing in this rule shall p…

90.18(1) A valid authorization to disclose nonpublic personal health information pursuant to the health information rules as required under subrule 90.17(1) shall be in written or electronic form and shall contain all of the following: a. The identity of the consumer or customer …

form may be delivered to a consumer or a customer as part of an opt-out notice pursuant to rule 191— 90.8(505), provided that the request and the authorization form are clear and conspicuous. An authorization form is not required to be delivered to the consumer or customer or inc…

“Affiliate” means any company that controls, is controlled by or is under common control with another company. “Clear and conspicuous” means that a notice is reasonably understandable and designed to call attention to the nature and significance of the information in the notice. …

Health Insurance Portability and Accountability Act privacy rules promulgated by the U.S. Department of Health and Human Services, if a licensee complies with all requirements of the federal rules except for their effective date provision, the licensee shall not be subject to the…

supersede existing state law related to medical records, health or insurance information privacy. [ARC 7741C, IAB 3/20/24, effective 4/24/24]

modify, limit or supersede the operations of the federal Fair Credit Reporting Act, and no inference shall be drawn on the basis of the provisions of these rules regarding whether information is transaction or experience information under Section 603 of that Act. [ARC 7741C, IAB …

customer because that consumer or customer has opted out from the disclosure of the consumer’s or customer’s nonpublic personal financial information pursuant to the provisions of this chapter. [ARC 7741C, IAB 3/20/24, effective 4/24/24]

person or circumstance is held invalid by a court, the remainder of the rules or the applicability of the provision to other persons or circumstances shall not be affected. [ARC 7741C, IAB 3/20/24, effective 4/24/24]

shall be found to have committed a violation of Iowa Code section 507B.4 in addition to any other penalties provided by the laws of this state. [ARC 7741C, IAB 3/20/24, effective 4/24/24]

90.26(1) These rules became effective November 13, 2000. However, in order to provide sufficient time for licensees to establish policies and systems to comply with the requirements of these rules, the commissioner extends the time for compliance until July 1, 2001. 90.26(2) A li…

DIVISION III SAFEGUARDING CUSTOMER INFORMATION

90.3(1) A licensee shall provide a clear and conspicuous notice that accurately reflects its privacy policies and practices to the following persons and at the following times: a. An individual who becomes the licensee’s customer, not later than when the licensee establishes a cu…

90.37(1) Each licensee shall implement a comprehensive written information security program that includes administrative, technical and physical safeguards for the protection of customer information. The administrative, technical and physical safeguards included in the informatio…

procedures that follow are examples of methods a licensee may use to implement the requirements of rule 191—90.37(505) to assess, manage and control risks of disclosure: 1. Identify reasonably foreseeable internal or external threats that could result in unauthorized disclosure, …

be subject to the penalties imposed under Iowa Code chapter 507B in addition to any other penalties provided by the laws of this state. [ARC 7741C, IAB 3/20/24, effective 4/24/24]

90.4(1) A licensee shall provide a clear and conspicuous notice to customers that accurately reflects its privacy policies and practices not less than annually during the continuation of the customer relationship. “Annually” means at least once in any period of 12 consecutive mon…

program, including appropriate policies and systems, by June 30, 2003. [ARC 7741C, IAB 3/20/24, effective 4/24/24] These rules are intended to implement Iowa Code section 505.8(6) and P.L. 106-102. APPENDIX A SAMPLE CLAUSES Licensees, including a group of financial holding compan…

90.5(1) The initial annual and revised privacy notices that a licensee provides under rules 191— 90.3(505), 191—90.4(505) and 191—90.7(505) shall include each of the following items of information in addition to any other information the licensee wants to provide and that apply t…

90.6(1) A licensee required to provide an opt-out notice under subrule 90.9(1) shall provide a clear and conspicuous notice to each of its consumers that accurately explains the right to opt out under that rule. The notice shall state the following: a. The licensee discloses or r…

90.7(1) Except as otherwise authorized in this rule, a licensee shall not, directly or through an affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party other than as described in the initial notice that the licensee provi…

90.8(1) A licensee shall provide any notices that these rules require so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically. a. Examples of reasonable expectation of actual notice by a licensee are as follo…

third parties. 90.9(1) A licensee may not directly or through any affiliate disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party except as otherwise authorized in these rules unless the following occur: a. The licensee has provided…

2001 Commissioners Standard Ordinary (CSO) Mortality Table in accordance with Iowa Code sections 508.36(3)“a”(3)“c” and 508.37(6)“h”(6) and 191—Chapter 47.

“2001 CSO Mortality Table” means that mortality table, consisting of separate rates of mortality for male and female lives, developed by the American Academy of Actuaries CSO Task Force from the Valuation Basic Mortality Table developed by the Society of Actuaries Individual Life…

91.4(1) For each plan of insurance with separate rates for smokers and nonsmokers, an insurer may use: a. Composite mortality tables to determine minimum reserve liabilities and minimum cash surrender values and amounts of paid-up nonforfeiture benefits; b. Smoker and nonsmoker m…

Insurance Policies. 91.5(1) The 2001 CSO Mortality Table may be used in the application of 191—Chapter 47 in the following manner, subject to the transition dates for use of the 2001 CSO Mortality Table in rule 91.3(508): a. Subparagraph 47.2(1)“b”(2): The net level reserve premi…

91.6(1) For any ordinary life insurance policy delivered or issued for delivery in this state on and after January 1, 2004, that utilizes the same premium rates and charges for male and female lives or is issued in circumstances where applicable law does not permit distinctions o…

circumstances is for any reason held to be invalid, the remainder of this chapter and the application of such provision to other persons or circumstances shall not be affected thereby. These rules are intended to implement Iowa Code sections 508.36 and 508.37. [Filed emergency 12…

on life insurance policies in order to accommodate the development and issuance of universal life plans. These rules are authorized by Iowa Code section 505.8 and are intended to implement Iowa Code sections 508.36 and 508.37.

policies issued after July 13, 2005. These rules are intended to implement Iowa Code sections 508.36 and 508.37. [Filed 5/18/05, Notice 3/2/05—published 6/8/05, effective 7/13/05]

“Cash surrender value” means the net cash surrender value plus any amounts outstanding as policy loans. “Commissioner” means the insurance commissioner of Iowa. “Fixed premium universal life insurance policy” means a universal life insurance policy other than a flexible premium u…

universal life insurance policies.

92.4(1) Requirements. The minimum valuation standard for universal life insurance policies shall be the commissioners reserve valuation method, as specified in paragraphs “a” through “m” below for such policies, and the tables and interest rates specified below. The terminal rese…

92.5(1) Minimum cash surrender values for flexible premium universal life insurance policies. a. Minimum cash surrender values for flexible premium universal life insurance policies shall be determined separately for the basic policy and any benefits and riders for which premiums…