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CS/HB 1009 — Public Records/Insurance Fraud Information/DFS

by Insurance and Banking Subcommittee and Rep. Raschein (CS/SB 1014 by Banking and Insurance Committee and Senator Brandes)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Banking and Insurance Committee (BI)

The bill creates a public records exemption for certain information submitted to the Department of Financial Services (DFS) by insurers to comply with insurance fraud prevention and reporting requirements. The bill provides that the following information is exempt from public inspection and copying:

  • The description of the insurer’s required anti-fraud education and training;
  • The description or chart of the insurer’s anti-fraud investigative unit;
  • The rationale for the level of staffing and resources provided to the insurer’s anti-fraud investigative unit;
  • The number of claims referred to the anti-fraud investigative unit;
  • The number of other insurance fraud matters referred to the anti-fraud investigative unit that were not claim related;
  • The number of claims investigated or accepted by the anti-fraud investigative unit;
  • The number of other insurance fraud matters investigated or accepted by the anti-fraud investigative unit that were not claim related; and
  • The estimated dollar amount or range of damages on cases referred to the DFS’s Division of Investigative and Forensic Services or other agencies.

The bill provides that the exemption applies to records held on, before, or after the effective date.

The bill provides that the public records exemption is subject to the Open Government Sunset Review Act and will expire October 2, 2022, unless saved from repeal by the Legislature.

If approved by the Governor, these provisions take effect on the same date that CS/HB 1007 or similar legislation takes effect, if such legislation is adopted in this legislative session and becomes a law.

Vote: Senate 37-0; House 119-0