WHEREAS, the Department of Insurance is charged with the execution and administration of laws related to insurance pursuant to Section 374.010, RSMo; and
WHEREAS, in 2005 the General Assembly Truly Agreed to and Finally Passed House Committee Substitute for House Bill No. 388, (HB 388) which makes certain documents that are submitted to the Department of Insurance non-public documents, including information in consumer complaint files and information submitted by an insurer or producer for purposes of investigation; and
WHEREAS, the purpose of HB 388 is to protect consumer privacy, such as confidential medical, financial and other personal information; and
WHEREAS, HB 388 also provides that the Department may release an incident report record consisting of the date and immediate facts and circumstances surrounding the initial consumer report or complaint;
WHEREAS, it is in the public interest for the Department to release incident reports with summary information that makes available public information about each report or complaint.
NOW THEREFORE, I, Matt Blunt, Governor of Missouri, by virtue and authority vested in me by the Constitution and laws of the State of Missouri, do hereby direct the Director of the Department to adopt administrative rules as follows to protect consumer privacy while at the same time provide relevant information about insurance companies to the public:
- Create policies and procedures for the release of incident reports upon request, which summarize the facts and circumstances surrounding the initial report or complaint;
- Create policies and procedures for the release of complaint data, which allows consumers to make informed decisions in selecting an insurer; and
- Modify the Department's complaint form and create necessary policies and procedures so that consumers have the option to pre-authorize the Department to publicly release on the consumer's behalf a complete copy of the submitted complaint to any interested person.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 12th day of July, 2005.
[Matt Blunt's signature]
[Robin Carnahan's signature]
Secretary of State