California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 9 - Insurance Fraud
Article 6 - Law Enforcement Access to Insurance Claims Information
Section 2698.87 - Security Procedures Applicable to Information Deposited to a Claims Analysis Bureau

Universal Citation: 10 CA Code of Regs 2698.87

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Every CAB shall establish and adopt administrative policies and procedures and physical controls to: prevent the unauthorized access to its system of records; to prevent unauthorized disclosure of records; and to prevent physical damage to or destruction of records. At a minimum the administrative policies and procedures and physical controls shall require that:

(1) records are protected from public view;

(2) the area in which records are kept is supervised during business hours to prevent unauthorized persons from having access to them;

(3) records are inaccessible to unauthorized persons outside of business hours;

(4) records are not disclosed to unauthorized persons or under unauthorized circumstances in either oral or written form; and,

(5) direct access to records is restricted to only those individuals who must have direct access to records in order to perform their duties.

(b) Every Claims Analysis Bureau shall provide annual training regarding its administrative policies and procedures and physical controls to all employees to prevent: unauthorized access to its system of records; unauthorized disclosure of records; and physical damage to or destruction of records.

(c) A CAB may delegate any functions described in CIC 1875.11 (b) to another entity providing:

(1) the CAB provides annual training and instruction required by subsection 2698.87 (b) to all individuals performing any aspect of the function delegated by the CAB; and,

(2) the CAB annually provides to the Insurance Commissioner a list of the names, addresses and the Taxpayer Identification Number (TIN) of the individuals that perform any aspect of the function delegated by the CAB to the entity.

(d) Every Claims Analysis Bureau shall maintain records establishing full compliance with the applicable provisions of Section 2698.87 and shall immediately provide any requested information regarding information deposited with the CAB to the Insurance Commissioner upon request.

1. New section filed 12-26-2006; operative 1-25-2006 (Register 2006, No. 52).
2. Amendment of NOTE filed 12-19-2007; operative 1-18-2008 (Register 2007, No. 51).

Note: Authority cited: Section 1875.18(d)(2), Insurance Code. Reference: Section 1875.18, Insurance Code

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