| | A viatical settlement provider or independent viatical | producer person may not use any contract, disclosure statement or | application form in with a viator who is a resident of this State | when dealing with a viator unless it has been filed with and | approved by the superintendent, pursuant to sections 2412 and | 2413. The superintendent shall disapprove a settlement contract | form or disclosure statement form if, in the superintendent's | opinion, the contract or provisions contained therein are | unreasonable, contrary to the interests of the public or | otherwise misleading or unfair to the viator.__All such forms | must be approved or denied by the superintendent within 60 | calendar days following receipt of submission by the | superintendent. |
|
| | Sec. 9. 24-A MRSA §6806, as amended by PL 1997, c. 592, §81, is | further amended to read: |
|
| §6806. Reporting requirements; confidentiality of information |
|
| | 1. Annual report. A settlement provider licensee shall file | with the superintendent by March 1st of each year an annual | statement containing such information as the superintendent | prescribes by rule. The superintendent may not adopt any rule | that requires the submission of information that permits the | identification of a viator or relates to transactions when the | viator is not a resident of this State. The superintendent may | not request, collect or compile personal information that | identifies any viator or insured except in connection with the | investigation of a specific complaint and with the prior written | permission of the viator or insured or the viator's or insured's | estate or representative to collect that information. |
|
| | 1-A. Fee for filing annual report. The fee for filing the | annual report is the same as for an insurer as provided in | section 601. On or before July 1st of each year, the | superintendent shall forward to each viatical settlement provider | an itemized bill for the amount due for the filing of the annual | statement and the amount due for the certificate of authority | annual fee. |
|
| | 2. Privacy protection. Except as otherwise required or | permitted by law, a viatical settlement provider, viatical | settlement producer, independent viatical producer, institutional | investor, insurance company, insurance producer, independent | insurance producer, information bureau, rating company or any | other person with actual knowledge of the identity of a viator, | or of the insured if other than the viator, may not disclose that | identity, or the insured's financial or medical information, to | any other person unless the viator, or the insured if other than |
|
|